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HomeMy WebLinkAbout01 PH TENTATIVE TRACT 15601-49 1- DATE: MAY 4,1998 Inter - C o m 01*161soel ADOPTED R�jESOLLMON No. TO: WILLIAM A. HUSTON, CITY MANAGER 9p -2 % d FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: VESTING TENTATIVE TRACT 15601 SUMMARY. The application for Vesting Tentative Tract Map (VTT) 15601 is a request to subdivide a 15.3 -acre site within the Low Density Designation of the ETSP to accommodate the construction of 44 single family detached homes. On April 13, 1998, the Planning Commission recommended that the City Council approve VTT 15601. The Planning Commission also approved Design Review 97 -035 and Hillside Review 98 -001 for the project. Applicant. Warmington Homes Owner. The Irvine Company RECOMMENDATION That the City Council: 1. Conduct a public hearing; 2. Adopt Resolution No. 98 -39 approving the environmental determination for the project; and, 3. Adopt Resolution No. 98-40 approving Vesting Tentative Tract Map 15601. FISCAL IMPACT The applicant has paid application fees to recover the cost of processing this application. PROJECT DESCRIPTION VESTING TENTATIVE TRACT MAP 15601 is a request to subdivide a 15.3 -acre property into 44 numbered lots and 14 lettered lots for the purpose of creating 44 single - family detached residences. • • City Council Report VTT 15601 ( Warmington Homes) May 4, 1998 Page 2 BACKGROUND In January 1992, the Planning Commission and City Council approved Tentative Tract 14371 for the construction of 55 single - family homes on the site. The original developer, Glencrest, never initiated the project and the approvals have since expired. The new applicant, Warmington Homes, is proposing a new project to subdivide the approximate 15.3 -acre site to create 44 single - family detached residences. The East Tustin Specific Plan (ETSP) and Tustin City Code provides the Planning Commission with the authority to take final action on the Design Review and Hillside Review application and recommend actions to the City Council on the subdivision application. Site and Surrounding Properties The proposed subdivision is located within Sector 5 of the ETSP (Lot 26 and a portion Lots 13 and 24 of Tract 13627) at the northerly terminus of Township Drive (See Location Map). Lot 26 is designated by the ETSP Land Use Plan as Low Density Residential, which allows up to 5 dwelling units per acre. The southeast corner (Proposed Lots 27- 29), and along the northern boundary (Proposed Lots 2 -9) is located within the Hillside District. Development in the vicinity of the site includes: • North - Future Single - Family Homes (Tustin Ranch Estates; TT 14396) • South - Existing Single - Family Homes (San Marcos /San Rafael) • East - Future Single Family Homes (Tustin Ranch Estates, TT 14396) • West - Existing Single Family Homes (Unincorporated County Territory) DISCUSSION The discussion that follows includes analyses of the proposed site plan, access, parking and circulation, hillside review, architecture and landscaping. Project Description & Site Plan The applicant proposes to subdivide an approximate 15.3 gross acre site into 44 numbered lots and 14 lettered lots. The numbered lots 1-44 are for the construction of single - family detached residences. The lettered lots delineate common ownership areas for the development and maintenance of the private streets, and common area slopes City Council Report VTT 15601 (Warmington Homes) May 4, 1998 Page 3 and landscaping. The proposed density for this project is approximately 2.88 units per gross acre, which falls below the maximum allowable density of 5 units per gross acre specified in the Low Density Residential District of the ETSP. The applicant has proposed a revision to make the rear yard slope area on Lot 9 a lettered lot that will be owned and maintained by the homeowner's association. The rear corner of Lot 9 accepts drainage from the County area to the west and TT14396 to the north. A number of storm drain devices and easements are proposed for this slope area. Ownership and maintenance by the Association would be appropriate in this situation. Condition 3.3 was included in Planning Commission Resolution No. 3587 to require the addition of the lettered lot on the final map, and include appropriate access across Lot 9 to ensure proper maintenance of the drainage structures and landscaping. Since the project is located within Sector 5 of the ETSP, it is not subject to the standards imposed on developments within Sectors 8 and 9 which require minimum 10,000 square foot lots, single -story floor plans, and 30 -foot rear yard setbacks on lots which abut the ETSP boundary adjacent to unincorporated County territory. However, the applicant has proposed to incorporate these standards into Lots 9 -19, with the exception of the rear yard setback on Lot 19. The house on Lot 19 is plotted at an angle to the Tract boundary with the rear corner of the house located 15 feet from the rear property line and 20 feet from the Tract boundary. The applicant met with the adjacent County residents and agreed to provide a minimum 30 -foot rear yard setback along the westerly tract boundary consistent with Lots 9 -18. Condition 3.2 was added in Planning Commission Resolution No. 3588 to incorporate the revision into the working drawings. All development standards identified in ETSP Section 3.6.3.A applicable to the project and have been met or exceeded. A statistical summary identifying compliance with applicable development standards is included as Attachment A. Access. Circulation and Parking Access to the site is proposed via a single access point ( "A" Street) at the northerly terminus of Township Drive. A single loop system provides access to the residential units within the project. The site is within a Master Association which includes the private portion of Township Drive and vehicle gates at the intersections of Tustin Ranch Road/Township Drive and Rawlings Way/Township Drive. Vehicle gates for this specific project are not proposed. The design of the project entrance ( "A" Street) would preclude vehicle gates from being installed in the future. City Council Report VTT 15601 (Warmington Homes) May 4, 1998 Page 4 All streets within the development are proposed to be private and maintained by the Homeowner's Association. "B" - "F" Streets are proposed to be 36 feet curb face -to -curb face with curb adjacent sidewalks on each side. The entry street is proposed to be 30 feet curb face -to -curb face with curb adjacent sidewalks. On- street parking would be permitted on both sides of Streets "B" - "F". The ETSP requires a minimum of two enclosed garage spaces and two guest spaces per unit. Each unit proposes at least two enclosed garage spaces, and up to four enclosed garage spaces depending on owner selected options. Only 44 on- street guest spaces have been identified in error on the site plan at a ratio of one space per unit. The ETSP requires two guest spaces per unit for a total of 88 spaces. There is ample parking available on both sides of the streets to accommodate the requirement. Condition 2.9 was included in Planning Commission Resolution No. 3588 and Condition 8.1.J was included in Planning Commission Resolution No. 3587 to require that the statistical summary, site plan and CC &R's be modified to provide a minimum of two guest spaces per unit. Hillside Review The southeast corner (Lots 27 -29) and the north boundary (Lots 2 -9) of the property is located within the Hillside District of the ETSP and is subject to Hillside Review in accordance with the City's Grading Manual and Ordinance. Grading impacts in the southeast corner of the site were previously addressed with the rough grading for Sector level Tract 12870 and the creation of Township Drive to the south. The north portion of the site includes existing terrain with grades ranging from approximately six percent on Lot 2 to 11 percent on Lots 7 and 8. The proposed grading on Lots 27 -29 includes a building pad and recognizes the existing graded conditions. The proposed grading on Lots 2 -9 include a building pad and slope ranging from approximately 5 feet to 25 feet in height. The grading on Lots 2 -9 recognizes the grading conditions that will be created with TT14396 to the north and has been designed to blend with the topography. The proposed grading is consistent with the City's Grading Manual and Ordinance. Pursuant to provisions of the Grading Manual, the applicant is required to enter into a Slope Repair Agreement with the City to cover all man -made slopes within the Hillside District equal to or greater than 5 feet in vertical height, with an average of at least 25 percent. The Agreement designates the developer and /or the future Homeowners Association as solely responsible for making emergency repairs on any failed slopes that City Council Report VTT 15601 (Warmington Homes) May 4, 1998 Page 5 may occur during the first three years. After that, it would be the responsibility of the property owner to repair any failed slopes. The rear yard slopes on Lots 3 -9 will be covered in the initial Slope Repair Agreement. Condition 3.1 in Planning Commission Resolution No. 3588 requires the recordation of the Slope Repair Agreement prior to issuance of any grading permits. Architecture The character of the project include Spanish, Spanish Colonial, Monterery and Santa Barbara architectural styles. Extensive architectural elements have been incorporated into the project to provide a high level of detail and design integrity. Architectural details vary significantly between elevation styles and include exposed rafter tails, stucco columns, wood, stucco, precast concrete trim and facia, brick veneer, wood shutters, wrought iron and various recesses, turrets and pop -outs. With four elevation styles per floor plan, repetition between units will be minimal providing a unique street scene. The colors for the project include nine base stucco colors (white, cream and light tan shades) with beige and brown accents and blended roof tiles. Deep blues, reds and greens are also used for accents on shutters and railings. The proposed color schemes are consistent with the Tustin Ranch theme and appropriate for the project. A material sample color board will be available at the meeting. The floor plans include side entry garages and additional optional side entry garages that would have a minimum front yard setback of 10 feet. Provisions of the recent ETSP Amendment (ZA 97 -003) would still require the living area to be set back a minimum of 20 feet. The conversion of the garage spaces to habitable area on those lots with less than a 20 -foot setback is prohibited. Conditions 3.2, 8.1.V and 9.3 were included in Planning Commission Resolution No. 3587 to require a deed restriction be recorded on the property, provisions be included in the CC &Rs, and a notice signed by the future property owner indicating that the conversion of the garage to habitable space is prohibited. Landscaping The conceptual landscape plan meets the requirements of the ETSP and is consistent with the City's landscape guidelines. The proposed landscaping consists of a variety of evergreen and deciduous trees, shrubs, vines and ground covers intended to enhance the project and minimize visual impacts. The project entry is highlighted by Carrotwood City Council Report VTT 15601 (Warmington Homes) May 4, 1998 Page 6 trees. The backbone street system is proposed to be lined with Southern Magnolia, Fern Pine and African Sumac. Landscaping is proposed on both sides of Township Drive (Lots H and J) consistent with the existing street theme plantings. Additional landscaping is proposed on Lot K between Lots 1 and 2 and the emergency access drive to the Tustin Ranch Estates project (TT 14396). Landscaping is proposed on the rear yard slopes on Lots 2 -19, 30 -36, 39 and 40 and side yard slopes on Lots 10 - 15 and 40. The tree plantings include various eucalyptus, Brisbane Box as vertical evergreen trees, with deciduous accent trees including GoldenrainTree, Tulip Tree, American Sweet Gum, and Black Locust trees. Various shrubs and groundcovers would be provided consistent with the City's Landscape and Irrigation Guidelines. The landscaping provided on Lot "O" along the western boundary of the project adjacent to the existing county residents and the racquet club will be maintained by the homeowners association. Access to Lot "O" is proposed via an access easement through Lot 19. Separate automatic irrigation systems would be provided on each lot that landscaping is provided to help ensure long term health and maintenance of the plant materials on the privately owned slopes. Conditions 3.4, 8.1.Q and 9.4 were included in Planning Commission Resolution No. 3587 to ensure that property owners are aware of maintenance responsibilities of private slope areas. A deed restriction is required to limit the use of walls or other devices that retain the rear yard slope areas on Lots 3 -8 and 30 -36 to a maximum of four (4) feet in height from the finished pad elevation to minimize potential grading impacts and ensure proper maintenance with home owners installed landscaping and hardscape improvements. Environmental Analysis The City of Tustin has executed the Implementation Agreement for the Natural Community Conservation Plan (NCCP) for Coastal Sage Scrub. The purpose of the NCCP is to afford maximum protection to the California Gnatcatcher, a Threatened Species observed in the region which utilizes Coastal Sage Scrub as habitat. Coastal Sage Scrub has not been identified on the site. The site is not located within the NCCP Reserve System. In the event that any Coastal Sage Scrub should be identified on the property prior to grading operations, The Irvine Company, as the participating landowner in the NCCP, has a permit from the U.S. Fish and Wildlife Service to clear the area of any Coastal Sage Scrub as needed to accommodate development of the site. City Council Report VTT 15601 (Warmington Homes) May 4, 1998 Page 7 An Initial Study has been prepared for this project and is attached to this report (Attachment C). Based upon review of the proposed project and Environmental Impact Report (EIR) 85 -2, as amended, the environmental issues relating to this project have previously been addressed. Mitigation measures identified in EIR 85 -2, as amended, are included as conditions of approval; therefore, staff recommends that the Council find that the requirements of the California Environmental Quality Act have been met and no further environmental review is required. OJZ Daniel Fox, AI P Senior Planner EAB: DF:my:ccreport:TT15601 Attachments: Location Map A — Statistical Summary B — Submitted Plans Elizabeth A. Binsack Community Development Director C — Initial Study D — Planning Commission Resolution No. 3587 E — Resolution Nos. 98 -39 and 98 -40 _ S -; LO ITION MAP/-., wrr l N� �J VR Illmoss !4y 4V NO SCALE • • ATTACHMENT A - Statistical Summary Vesting Tentative Tract Map 15601, Design Review 97 -035 & Hillside Review 98 -001 Warmington Homes Gross Site Area Minimum Lot Size Total Units Density Lot Coverage Building Setbacks Front Yard Side Yard Rear Yard Maximum Height Resident Parking Guest Parking PLAN SQ. FT. 1 3,432 2 4,421 3 4,462 Requirement N/A 5,000 s.f. 76 maximum 5 du /ac (gross) 50% max. Proposed 15.3 acres 8,118 s.f. 44 units 2.88 du /ac (gross) 39% max. 20 feet min living area; 20 feet minimum 10 feet side entry garage 10 feet minimum 5 feet minimum 5 feet minimum 15 feet minimum 15 feet minimum 35 feet 29' -6" feet (two story) 24' (single story) 88 garage spaces 132 garage spaces (2 -car garage per unit) 88 spaces 88 on- street spaces (2 space per unit) DESCRIPTION QUANTITY % 3/4 BD, 3.5 BA 12 27% 3 -5 BD, 4.5 BA 14 32% 4 -6 BD, 4.5 BA 18 41% TOTALS: 44 100% • • ATTACHMENT B SUBMITTED PLANS t Y • E :� E !i G -A fei �di'! 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Pp 54i YS e- YiS°S 7I o . o LL 9 O W !Y U E e a �l.2 EI YS IP : Pse (: =:5 s Sre - ;� wn ii 1 wHIS Fop 'f6 BL �s�A Oy9P� r sa a, I C) U w7 J H FU z HU I7 i q� Z a W d a a °PP Z g W H W OO Q - U y I_ OF I EI YS IP : Pse (: =:5 s Sre - ;� wn ii 1 wHIS Fop 'f6 BL �s�A Oy9P� r sa a, I C) U w7 J H FU z HU I7 i q� Z a W d a a °PP Z g W H W OO Q - U y I_ OF n�° s a 3g q �y R � OB9 09 809 5 ®6 W0a R8EM0WP.W Wa WWW 4. • /J n \ % o \ \r • 9 o � jn li J Z z N � o wr >� LLJ Q V a W a= ¢0 } O o H C C0 O _LL" J J QH Z O — - x r= U F— • /J n \ % o \ \r • 9 o � jn li J z N � o wr >� J W wU OZ a W a= ¢0 } O <o H C C0 a • /J n \ % o \ \r • 9 o � jn li ATTACHMENT C INITIAL STUDY INITIAL STUDY A. BACKGROUND Project Title:—[T- Lead Agency: • u COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Wcgy, Tustin, CA 92750 (714) 573 -3103 City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Phone: 1I4 • Sn? 3 �S Project Location: Project Sponsor's Name and Address: wom m9ffirz r1 - • General Plan Design Zoning Designation: Project Description: 44 51�k � -$7 17W�i�LIS Surrounding Uses: Mom �� f,.► •1 1 . 'ems �� mommommomm Other public agencies whose approval is required: Cl Orange County Fire Authority ❑ City of Irvine ❑ Orange County Health Care Agency ❑ City of Santa Ana ❑ South Coast Air Quality Management ❑ Orange County EMA District ❑ Other • B. ENVIRONMENTAL FACTORS C. • POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. ❑ Land Use and Planning ❑ Hazards ❑ Population and Housing ❑ Noise ❑ Geological Problems ❑ Public Services ❑ Water ❑ Utilities and Service Systems ❑ .Air Quality ❑ Aesthetics ❑ Transportation & Circulation ❑ Cultural Resources ❑ Biological Resources ❑ Recreation ❑ Energy and Mineral Resources ❑ Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION «ill be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there mill not be a significant effect in this case because the mitigation measures described on an attached sheets have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL LMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards,, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ® I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including recisions or mitigation measures that are imposed upon the proposed project. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Signatu et �. ✓ti�� 7/ Date '� 29 • qR Print Name Tale 2E�,Jlrz!� D. ENVIRONI\iE \TA•4PACTS: • .Earlier analyses used: )i�, –2 Potentially Significant —' Potentially Unless Lessthan Available for review at: City of Tustin Community f Si ni cant Mitigation Development Department g g Significant Impact Incorporated Impact A,o Impact 1. LAND USE & PLAN \LNG - if-ouldthe proposal: a) Conflict with general plan designation or zoning? ❑ ❑ ❑ ❑ b) Conflict with applicable environmental plans or policies ❑ ® ❑ ❑ adopted by agencies with jurisdiction over the project? ❑ ❑ ❑ Cl C) Be incompatible with existing land uses in the vicinity? ❑ ® ❑ ❑ d) Affect agricultural resources or operations? ❑ ® ❑ ❑ C) Disrupt or divide the physical arrangement of an established community (including a low- income or ❑ ® ❑ ❑ minority community)? ❑ ❑ ❑ ❑ 2. POPULATION & HOUSING - J' ould the proposal: a) Cumulatively exceed official regional or local population projections? ❑ ❑ ® ❑ b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ❑ ❑ ❑ c) Displace existing housing, especially affordable housing? ❑ ❑ ❑ g 3. GEOLOGIC PROBLEMS - Lfbuld the proposal result in or expose people to potential impacts involving: a) Fault rupture? ❑ ❑ w ❑ b) Seismic ground shaking? ❑ ® ❑ ❑ c) Seismic ground failure, including liquefaction? ❑ ❑ ® Cl d) Seiche, tsunami, or volcanic hazard? ❑ Cl Cl a e) Landslides or mudflows? ❑ ❑ ❑ Cl f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ❑ ® ❑ ❑ g) Subsidence of land? ❑ ® Cl ❑ h) Expansive soils? ❑ d) ❑ ❑ i) Unique geologic or physical features? Cl ❑ ❑ 4. WATER - Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ❑ ❑ ❑ b) Exposure of people or property to water related hazards such as flooding? ❑ ® ❑ ❑ c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? ❑ ❑ ❑ d) Changes in the amount of surface water in any water body? ❑ ❑ Cl N e) Changes in currents, or the course or direction of water movements? ❑ 11 ❑ • &lf,ca y ® ❑ ❑ Siga(enificant ❑ ❑ ❑ Potentially Unless Lcss than Significant Mitigation Significant anv change in climate? - Impact Incorporated Impact No Impact f) Change in the quantity of ground waters, either through ❑ ❑ ❑ direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through d) Insufficient parking capacity onsite or offsite? Cl ❑ substantial loss of groundwater recharge capability? ❑ ❑ ❑ ❑ g) Altered direction or rate of flow of groundwater? ❑ ❑ ❑ f) Conflicts with adopted policies supporting alternative h) Impacts to groundwater quality? ❑ ❑ ❑ i) Substantial reduction in the amount of groundwater Cl ❑ Cl otherwise available for public water supplies? ❑ ❑ ❑ ❑ 5. AIR QUALITY - Kbuld the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ❑ ® ❑ ❑ b) Expose sensitive receptors to pollutants? ❑ ❑ ❑ a c) Alter air movement, moisture, or temperature, or cause animals, and birds? ❑ anv change in climate? ❑ ❑ Cl Locally designated species (e.g., heritage trees)? d) Create objectionable odors? ❑ ❑ ❑ c) G. TRkNSPORTATION & CIRCULATION Would the proposal result in: a) Increased vehicle trips or traffic congestion? ❑ ❑ ❑ b) Hazards to safety from design features (e. g., sharp curves (including but not limited to plants, fish, insects, or dangerous intersections) or incompatible uses (e.g., animals, and birds? ❑ farm equipment)? . ❑ ❑ ❑ Locally designated species (e.g., heritage trees)? c) Inadequate emergency access or access to nearby uses? ❑ ❑ ❑ c) d) Insufficient parking capacity onsite or offsite? Cl ❑ ❑ e) Hazards or barriers for pedestrians or bicyclists? ❑ ❑ ❑ ❑ f) Conflicts with adopted policies supporting alternative d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? ❑ transportation (e.g. bus turnouts, bicycle racks)? Cl ❑ Cl IN g) Rail, waterborne or air traffic impacts? ❑ ❑ ❑ In 7. BIOLOGICAL RESOURCES -Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? ❑ ❑ ❑ b) Locally designated species (e.g., heritage trees)? ❑ ® ❑ ❑ c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? ❑ ® ❑ ❑ d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? ❑ ❑ ❑ e) Wildlife dispersal or migration corridors? ❑ ® ❑ ❑ 8. ENERGY & MINERAL RESOURCES -.Would the proposal: a) Conflict with adopted energy conservation plans? ❑ Cl ❑ b) Use nonrenewable resources in a wasteful and inefficient mariner? ❑ g ❑ ❑ c) Result in the loss of availability of a known mineral resource that would be of future value to the region? ❑ Cl ❑ • n; is *gra tgnifi ca nt n-I Potentially Unless Less than Significant Mitigation Signijcant Impact Incorporated impact No Impact 9. HAZARDS - [fould the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? ❑ ❑ ❑ b) Possible inte Terence with emergency response plan or emergency evacuation plan? ❑ ❑ ❑ c) The creation of any health hazard or potential health hazard ?_ . ❑ ❑ ❑ d) Exposure of people to existing sources of potential health hazards? ❑ ❑ ❑ e) Increased fire hazard in areas with flammable brush, grass, or trees? ❑ ❑ ❑ 10. NOISE - Pbuld the proposal result in: a) Increases in existing noise levels? ❑ ❑ ❑ b) Exposure of people to severe noise levels? ❑ ❑ ❑ 11. PUBLIC SERVICES - Pbuld the proposal have an effect upon, or result in c need for new or altered government services in any of the following areas: a) Fire protection? Cl ® ❑ ❑ b) Police protection? ❑ ❑ ❑ c) Schools? ❑ ❑ ❑ d) Maintenance of public facilities, including roads? ❑ 9 ❑ ❑ e) Other government services? ❑ ❑ ❑ 12. UTILITIES & SERVICE SYSTEMS - ffould the proposal result in a need jar new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? . ❑ ❑ ❑ b) Communications systems? ❑ ❑ ❑ c) Local or regional water treatment or distribution facilities? ❑ ❑ ❑ d) Sewer or septic tanks? ❑ ❑ ❑ e) Storm water drainage? ❑ ❑ ❑ f) Solid waste disposal? ❑ ❑ ❑ g) Local or regional water supplies? ❑ ❑ ❑ 13. AESTHETICS - ifbuld the proposal: a) Affect a scenic vista or scenic highway? ❑ in ❑ ❑ b) Have a demonstrable negative aesthetic effect? ❑ ® ❑ ❑ c) Create light or glare? ❑ IN ❑ ❑ 5 • *a(CiJ1cont Significant Potentially Unless Lessthan Signi/cant Ali(igation Significant Impact Incorporated Impact No Impact 14. CULTURAL RESOURCES - Would the proposal: a) Disturb paleontological resources? ❑ ❑ ❑ b) Disturb archaeological resources? ❑ ® ❑ ❑ C) Have the potential to cause a physical change which number or restrict the range of a rare or endangered would affect unique ethnic cultural values? ❑ ❑ Cl ❑ ❑ ❑ d) Restrict existing religious or sacred uses within the to the disadvantage of long -term, environmental goals? ❑ ❑ ❑ c) potential impact area? ❑ ❑ ❑ 15. RECREATION - Would the proposal: a) Increase the demand for neighborhood or regional parts or other recreational facilities? ❑ ❑ b) Affect existing recreational opportunities? ❑ ❑ ® ❑ 16. NLANDATORY 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? ❑ ❑ ❑ c) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumuladvey considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). ❑ ❑ ❑ d) Does the project have enNironmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ Cl ❑ E. EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. INITSTUD.PM5 3702A M. • • ATTACHMENT A TIERED INITIAL STUDY RESPONSES VESTING TENTATIVE TRACT 15601, DESIGN REVIEW 97 -030 AND HILLSIDE REVIEW 98 -001 (WARMINGTON HOMES) BACKGROUND The applicant, Wamnington Homes, is requesting to subdivide a 15.3 acre site to create 44 numbered lots and 14 lettered lots to accommodate the development of 44 single- family detached residences. The proposed subdivision is located within Sector 5 of the ETSP (Lot 26 of Tract 13627) at the northerly terminus of Township Drive. The subject site is bordered by existing future single -family homes on the north and east, single - family homes to the south, and single family homes and tennis club within unincorporated territory on the west. The subdivision of this property is governed by the regulations included in the ETSP, as amended. The East Tustin Land Use Plan and Sector Level subdivision (Tract 13627) designates the project site as Low Density Residential, which authorizes single - family development at a maximum density of five (5) dwelling units per gross acre. The proposed density is 2.88 units per acre. This is a tiered initial study that is based on and incorporates, by reference, the environmental analysis included in EIR 85 -2 for the ETSP (certified on March 17, 1986) and subsequently amended with supplements and addenda, as it relates to the subject property. In conformance with CEQA, the purpose of this tiered initial study is to identify and focus the environmental analysis for the project on sienificant new environmental impacts that were not previously considered in the Program EIR. EIR 85 -2 identified several impact categories where a Statement of Overriding Consideration was adopted by the City for the entire ETSP area. For the purpose of this initial study check list, an evaluation has been made to ensure that impacts previously identified have not been intensified. iVfitigation measures identified in the EIR to minimize the impacts that would be applicable to this project have been identified. EIR 85 -2 also identified several impact categories where impacts could be lessened to a level of insienificance with the imposition of mitigation measures. Staff has reviewed each of these impact categories to ensure that no new project impacts associated with the project would occur that were not identified in the Program EIR. Impact categories not identified to have a potential impact in EIR 85 -2 have been reviewed and identified in the initial study check list appropriately to ensure that the project would not create any additional significant impacts which were not considered by EIR 85 -2 and cannot be mitigated to a level of insignificance. LAND USE & PLANNING Itent_s a, b and e - "No Impact': The subject property is designated by the General Plan Land Use Map as Planned Community - Residential. The subject property is zoned Planned Community Residential and is identified within the Low Density Residential Land Use Attachment A Evaluation of Environmental lects TT 15601, DR 97 -035 & HR 98 -001 Page 2 Designation of the ETSP Land Use Plan. The southeast corner (Lots 27 -29) and the northern boundary (Lots 2 -9) of the property is located within the Hillside District. The Sector level subdivision (Tract 13627) establishes a maximum density not to exceed five (5) dwelling units per acre. The proposed project is a single - family detached product at a density of 2.88 dwelling units per acre consistent with the land use requirements. The proposed project would not alter existing or future land uses. Items c and r! "Potentially Sionifcant Unless N&tipation Incorporated ": EIR 85 -2 identified impacts to the project site related to the proposed development and the resultant negative effects of residential land uses to ensure compatibility with existing land uses. Mitigation measures identified in EIR 85 -2 have been incorporated into the project or would be required as conditions of approval which avoid or substantially lessen the significant environmental effect as identified in the Program EIR. The project will not create additional impacts other than those previously identified in the Program EIR. EIR 85 -2 identified that the development of the project site would result in the gradual conversion of existing open space and agricultural uses into urban use. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Consideration was adopted for the Specific Plan. Since the subject property has been identified for residential development, the project will not create additional impacts other than those previously identified in the Program EIR. Sources: Submitted Plans Certified EIR 85 -2, as amended East Tustin Specific Plan AlitipationhNonitorinz Required: Adherence to and compliance with the guidelines and provisions of the ETSP, which address building height, building setbacks, parking requirements, and other site development standards and would ensure that the proposed development complies with the mitigation measures specified in the certified EIR 85 -2. 2. POPULATION & HOUSING Items a and 6 - "Less than Si -,nifcant Impact ": The proposed project would provide 44 single- family detached dwelling units on the site at a density of 2.88 dwelling units per acre. The Low Density designation would allow a maximum density of five (5) dwelling units per acre accommodating up to 76 units on the site. The project will not create additional impacts other than those previously identified in the Program EIR. The project site is within the Specific Plan area for which the certified EIR 85 -2 identified impacts to the ETSP area as a whole related to resultant negative effects to population. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Consideration was adopted for the specific plan. Mitigation measures identified in EM 85 -2 have been incorporated into the project or would be required as conditions of approval which avoid or substantially lessen the significant environmental effect as identified in the Program EIR. The project will not create additional impacts to population other than those previously identified in the Program EIR. Attachment A • Evaluation of Environmental I is TT 15601, DR 97 -035 & HR 98 -001 Page 3 Item c - "No Impact ": Since the project site is currently vacant, no housing units or population would be displaced. The project would provide new dwellings for the planned population. Sources: Submitted Plans Certified EIR 85 -2, as amended East Tustin Specific Plan Mitipation/Monitorine Required: Adherence to and compliance with the guidelines and provisions of the ETSP, which address building height, building setbacks, parking requirements, and other site development standards and would ensure that the proposed development complies with mitigation measures specified in the certified EM 85 -2. 3. GEOLOGICAL PROBLEMS Itenrs b, a -i - "Potentially Significant Unless Nfitigation Incorporated ": The southeast comer (Lots 27 -29) and the northern boundary (Lots 2 -9) of the property is located within the Hillside District of the ETSP as define by the Sector level subdivision map Tract 13627. Grading impacts for the southeast comer of the site were previously addressed with the rough grading for Sector level Tract 12870 and the creation of Township Drive to the south. The proposed grading on Lots 27 -29 recognizes the existing graded conditions and has been designed consistent with the City's Grading Ordinance and Manual to the greatest extent feasible. The northern portion of the site includes . existing terrain with grades ranging from approximately six percent on Lot 2 to 11 percent on Lots 7 and 8. The proposed grading on Lots 2 -9 include a building pad and slope ranging in height from approximately 5 feet to 25 feet in the rear yard to match the graded slopes created with TT 14396 to the north. The proposed grading on Lots 2 -9 recognizes the grading conditions on the adjacent property and has been designed to blend with the existing topography, consistent with the City's Grading Ordinance and Manual to the greatest extent feasible. Minor grading is required to accommodate building pads, street alignments and proper drainage. All grading will be consistent with the City's Grading Manual. The project has been reviewed and will not create additional impacts other than those previously identified to the site and topography in the Program EIR 85 -2. The project site is within the ETSP area for which EIR 85 -2 identified impacts related to the ETSP area as a whole related to the necessary grading activity that would occur to accommodate the various types of development and the resultant change to existing landform and topography of the area. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effect. A Statement of Overriding Consideration was adopted for the specific plan. Mitigation measures identified in EIR 85 -2 have been incorporated into the project or would be required as conditions of approval which avoid or substantially lessen the significant environmental impacts to grading activity other than those previously identified in the Program EIR. Attachment A Evaluation of Environmental cis • TT 15601, DR 97 -035 & HR 98 -001 Pace 4 Items a and c - "Less than Significant Impact ": EIR 85 -2 identified impacts to the project site related to the necessary grading activity that would occur in order to accommodate the various types of development and the resultant change to existing land form and topography of the area. The project has been reviewed and will not create additional impacts other than those previously identified to the site and topography in EIR 85 -2. Item d - ".No Impact ": The proposed development will not expose people to potential seiche, tsunami or volcanic hazard. Sources: Field Verification Submitted Plans Tustin City Code, Grading Ordinance & Manual Tracts 12870 & 13627 EIR 85 -2, as amended East Tustin Specific Plan :b&tigotiowjVfonitoring Required: A detailed soils engineering report and grading plan for the site are required as conditions of approval. All grading activities shall be designed and implemented in accordance with the City's Grading Ordinance and Manual to the greatest extent possible, as approved by the Building Official. A slope repair agreement consistent with the City's Grading manual shall be executed for those manufactured slopes five feet or greater in height and located within the Hillside District as defined by the ETSP. 4. WATER Items a and b - "Potentially .Signircant Unless Aritigation Incorporated ": The project site is within the ETSP area for which the certified EIR 85 -2 identified impacts to surface runoff, drainage flows, water quality and water percolation. The project has been reviewed and will not create additional impacts other than those previously identified on water quality in the Program EIR. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Consideration was adopted for the specific plan. Mitigation measures identified in EIR 85 -2 have been incorporated into the project or would be required as conditions of approval which avoid or substantially lessen the significant environmental effect as identified in the Program EIR. Items c -i - "No Impact ": The proposed development is within the ETSP area for which the certified EIR 85 -2 identified impacts to the ETSP area as a whole related to the resultant negative effects to water quality. The project will not create additional impacts to water quality other than those previously identified in the Program EIR. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan Attachment A Evaluation of Environmental is TT 15601, DR 97 -035 & HR 98 -001 Pa "e 5 Nfrtipation/Monitorinz Required: Mitigation measures identified in certified EIR 85 -2 including plans to accommodate increased runoff flows associated with the proposed development by incorporating on -site and off -site drainage improvements, providing erosion control measures and developing appropriate pollution control plans have been incorporated into the project as submitted or will be incorporated as conditions of approval. Erosion control measures will be developed and incorporated into final grading plans for the project to minimize potential increases in erosion and sediment transport during. the short-term construction phases. 5. AIR QUALITY Item a - "Potentially Significant Unless Miti ,-ation Incorporated ": EIR 85 -2 identified impacts that will result in an incremental degradation of air quality in conjunction with other past, present and reasonably foreseeable future projects. The project has been reviewed and will not worsen previously identified impacts on air quality other than those previously identified in the Program EIR. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Consideration was prepared to address necessary compromises for the overall benefit of the Specific Plan area and region. Items b - d - "No Impacts ": The development will not alter air movement, moisture, temperature or cause any changes in climate, or create objectionable odors. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan JVfidgation/Monitorinj? Required: Construction activity dust generation shall be reduced through regular watering as required by the SCAQMD Rule 403. 6. TRANSPORTATION & CIRCULATION Item a - "Potentially Significant Unless Miti ,-ation Incorporated ": The proposed single - family residential project is within the density ranee permitted by the ETSP. The impacts from the project were previously addressed in certified EIR 85 -2. The program EIR identified that ETSP will generate increased traffic in the vicinity. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects and chose to adopt a Statement of Overriding Consideration. Applicable mitigation measures were incorporated into the ETSP, including a circulation plan intended to provide an adequate circulation system for specific plan traffic, and mitigate impacts on the existing circulation system. The project has been reviewed and will not create additional impacts other than those pre,,iously identified on the transportation and Attachment A Evaluation of Environmental lots • TT 15601, DR 97 -035 & HR 98 -001 Page 6 circulation in the Program EIR. This proposal has incorporated applicable measures related to transportation/circulation into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. Items b-e - "No Impact ": EIR 85 -2 identified impacts related to the proposed development and the resultant negative effects on traffic safety, emergency access, demand for new parking pedestrian circulation, and alternative modes of transportation. As all required parking would be provided on site, there would be no demand for additional parking. As the surrounding roads have been designed to accommodate peak traffic demands the proposed project would not have a substantial impact upon existing transportation systems, as discussed above, nor would it impact the present patterns of circulation or movement of people and/or goods. As the site plan is designed to the specifications of the ETSP, and the Tustin City Code, traffic hazards to motor vehicles, bicyclists or pedestrians would be mitigated. No additional impacts would occur beyond those identified in the Program EIR. Nfitigation measures were identified in EIR 85 -2. This proposal has incorporated those measures related to transportation and circulation into either the submitted plans or would be included in the conditions of approval, where applicable, for the subject project. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan AlideatiomMonitoring Required: Conditions of approval require that the private street system and residential development on the site shall meet the requirements of the ETSP, and the Tustin City Code. Also, a condition of approval requires that street improvement plans be provided for all public and private streets. Adherence to and compliance with the guidelines and provisions of the ETSP will ensure that the proposed development complies with mitigation measures specified in the certified EIR 85 -2. 7. BIOLOGICAL RESOURCES Items a -e - "Potentially Significant Unless Afitiaated ": The site is within the ETSP area for which certified EIR 85 -2 identified impacts to the ETSP area as a whole related to the resultant negative effects to plant and animal life. Applicable mitigation measures were identified in EIR 85 -2. This proposal has incorporated those measures related to plant and animal life into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. No additional impacts would be created beyond those identified in the Program EIR. The City of Tustin has executed the Implementation Agreement for the Natural Community Conservation Plan (NCCP) for Coastal Sage Scrub. The purpose of the NCCP is to afford maximum protection to the California Gnatcatcher, a Threatened Species observed in the region which utilizes Coastal Sage Scrub as habitat. Coastal Sage Scrub has not been identified on the site. The site is not located within the NCCP Reserve System. In the event that any Coastal Sage Scrub should be identified on the property prior to grading operations, The Irvine Company, as the participating landowner in the NCCP, has a permit from the U.S Fish and Attachment A Evaluation of Environmental Ots • TT 15601, DR 97 -035 & HR 98 -001 Page 7 Wildlife Service to clear the area of any Coastal Sage Scrub as needed to accommodate development. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan Natural Communities Conservation Program (NCCP) and EIR Mitipotion/Monitorine Required: Mitigation measures identified by the program EIR include measures to provide landscaping consistent with the City's Landscaping and Irrigation Guidelines where feasible and to provide vegetation that includes drought tolerant materials. If Coastal Sage Scrub is identified by the Community Development Department on the site prior to grading operations, temoval of Coastal Sage Scrub shall be in strict compliance with Permit Conditions for Federal Fish and Wildlife Permit No. PRT- 910191. 8. ENERGY & MINERAL RESOURCES Items a and c - "No Impact ": The proposed development will not create additional impacts than those previously identified on energy conservation or mineral resources with respect to adopted energy conservation plans or loss of available known mineral resources. Itenr b - "Potentially SVznircant Unless rtilitipation Incorporated ": Implementation of this project and the ETSP as a whole will increase the demand for and consumption of energy. The project site is within the Specific Plan area for which certified EIR 85 -2 identified impacts to the project site related to the proposed development and the resultant negative effects to energy. However, the project will not create additional impacts other than those previously identified in the Program EIR. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Consideration was adopted for the specific plan. Consequently, mitigation measures were identified in EIR 85 -2. This proposal has incorporated those measures related to energy into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigation/Monitorinp Required• Mitigation measures identified in certified EIR 85 -2 require that building construction shall comply with the Energy Conservation Standards set forth in Title 24 of the California Administrative Code, that energy conservation techniques be considered, that insulation of walls, ceiling and floors be required, and that energy efficient lighting be used. These mitigation measures related to energy, as applicable, have been incorporated into the project as submitted or will be incorporated as conditions of approval. Attachment A Evaluation of Environmental Ots • TT 15601, DR 97 -035 & HR 98 -001 Page 8 Items a. b. d and e - "No Impact ": EIR 85 -2 identified no impacts to the project site related to the proposed development and the resultant negative effects from hazards. All grading and construction would be subject to compliance with all applicable Uniform Building and Fire Codes. Item c - "Potentially Significant Unless Mitigated ": EIR 85 -2 identified impacts to the project site related to the proposed development and the resultant negative effects to human health. Consequently, mitigation measures were identified in EIR 85 -2. This development has previously incorporated those measures related to human health into the project. No additional impacts would be created beyond those identified in the Program En Sources: Submitted Plans Uniform Building and Fire Codes Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigation/Monitoring Required: All grading and construction shall comply with applicable Uniform Building and Fire Codes. 10. NOISE Item a - "Potentially Significant Unless Aritigated ": Development of the site would result in short-term construction noise impacts, and a long -term increase in the ambient noise levels in and around the project site. These impacts were originally considered as part of certified EIR 85 -2. The project has been reviewed and will not worsen impacts previously identified in the Program EiR. The City Council considered the benefits of the ETSP original Program EIR and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Consideration was adopted for the specific plan. Mitigation measures addressing the acoustic environment were identified in the program EIR and are included in the submitted project, or would be conditions of approval. Item b - "No Impact ": The proposed development will not expose persons to severe noise levels. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan Attachment A Evaluation of Environmental Ots • TT 15601, DR 97 -035 & HR 98 -001 Page 9 NfitigationlHonitorin2 Required: Mitigation measures identified by the program EIR include measures to mitigate exterior noise levels with the use of berms, walls or a combination of both. Landscaping materials and setbacks from the roadway are also included in the site design as mitigation measures. Interior noise impacts where determined to be greater than the level permitted by the Noise Ordinance will be mitigated by providing improved noise rated windows. In addition, the City's Noise Ordinance has specific requirements in regard to construction noise. Those measures identified in certified EIR 85 -2 and the City's Noise Ordinance, have been incorporated into the project as submitted or would be incorporated as conditions of approval. 11. PUBLIC SERVICES Items a - e - "Potentially Significant Unless Nfitination Incorporated ": Implementation of this project will result in an increase in the demand for and utilization of public services, such as fire protection, police protection, infrastructure maintenance and other governmental services, schools, parks and recreational facilities. Impacts to public services were originally considered as part of EIR 85 -2. The project will not create additional impacts other than those previously identified in the Program EIR. The subject site is within the Specific Plan area for which the certified EIR.85 -2 identified impacts to the ETSP area as a whole related to the resultant negative effects to public services. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Consideration was adopted for the Specific Plan. Additionally, mitigation measures were identified in EIR 85 -2. This proposal has incorporated those measures related to public services into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan Arid ,Zotiot0Ionitorin; Required: Measures identified in certified EIR 85 -2 such as; stating the project sponsor shall work closely with the Police Department, the Orange County Fire Authority and other governmental services to ensure adequate security, safety and services for the project; street improvement plans are required for all construction in the public right -of- way; and parkland dedication for this project have been incorporated into the project. These measures identified in the certified EIR 85 -2 have been incorporated into the project as submitted or will be incorporated as conditions of approval. 12. UTILITIES & SERVICE SYSTEMS Items a -2 - "Less than Significant Impact ": The ETSP will increase the demand for utilities. The project will not create additional impacts other than those identified in the Program EIR. The City Council considered the benefits of the Specific Plan and balanced Attachment A Evaluation of Environmental Ots • TT 15601, DR 97 -035 & HR 98 -001 Pa_e 10 those benefits against the project's unavoidable effects on the use of utilities. A Statement of Overriding Consideration was adopted for the Specific Plan. Sources: Field Verification Submitted Plans Certified EIR 85 -2, as amended East Tustin Specific Plan Orange County Sanitation District JMWL,ation4fonitorinq Required: None Required. 13. AESTHETICS Items a -c "Potentially SipniFcant Unless ArWeated ": The project would create 44 single - family detached dwellings at a density of 2.88 dwelling units per acre. Three different floor plans are proposed which range in size from 3,432 to 4,462 square feet. Three different elevations are proposed for each floor plan type which include architectural features, detailing, colors and materials consistent with the Tustin Ranch theme. The proposed development will create additional light at the presently undeveloped site. Lighting from pedestrian and street fights, decorative wall lights and outdoor private area lights will be added in the area. The project is within the Specific Plan area and the certified EIR 85 -2 identified impacts to the project site related to the proposed development and the resultant negative effects to aesthetics and lighting. Consequently, mitigation measures were identified through Design Review in conjunction with EIR 85 -2. This proposal has incorporated those measures related to aesthetics into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. No additional impacts would be created beyond those identified in the Program EIR. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan 1Nrtipation4fonitoring Required: Adherence to and compliance with the guidelines and provisions of the ETSP, which address building height, building setbacks, parking requirements, and other site development standards and would ensure that the proposed development complies with the mitigation measures specified in the certified EIR 85 -2. 14. CULTURAL RESOURCES Item a, c and d - "No Impact ": The subject site is within the Specific Plan area and the certified EIR 85 -2 identified impacts to the project site related to the proposed development and the resultant negative effects to cultural resources. This project is not within an area identified as an archaeological site. Attachment A Evaluation of Environmental I s t TT 15601, DR 97 -035 & HR 98 -001 Page 11 Item b - "Potentially Significant Unless Mitigated": EIR 85 -2 identified impacts related to archaeological resources related to the proposed development and the resultant negative effects to cultural resources. The project has also been reviewed and will not create additional impacts other than those previously identified in the Program EIR as this project is not within an area identified as an archaeological site. Sources: Field Verification Submitted Plans Certified EIR 85 -2, as amended East Tustin Specific Plan. Nfrtigation/Monitoring Required: A qualified archaeologist shall be present on site to monitor the initial rough grading operations for the project. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate by the archaeologist, and as approved by the Community Development Department. All "finds" shall be reported immediately to the Community Development Department. The archaeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find' are explained. 15. RECREATION Itenrs a and b - "Less than Significant Impact': The subject site is within the Specific Plan area and the certified EIR 85 -2 identified impacts to the project site related to the proposed development and the resultant negative effects to recreation. Parkland dedication of .5544 acres was previously dedicated as part of Tract 13627 to satisfy the parkland required by the ETSP. Furthermore, all parks identified by the ETSP have been improved or dedicated to the City for the purpose of providing recreation in the ETSP. No additional impacts would occur beyond those identified in the Program EIR. Sources: Submitted Plans Certified EIR 85 -2, as amended East Tustin Specific Plan. Maigation/Monitoring Required. None Required. Attachment A • Evaluation of Environmental is TT 15601, DR 97 -035 & HR 9 -001 Page 12 16. MANDATORY FIVi -DINGS OF SIGNIFICANCE Items a -d - "No Impact': The project in and of itself will not cause negative impacts to wildlife habitat, nor limit the achievement of any long -term environmental goals, nor have impacts which are potentially individually limited but are cumulatively considerable and could potentially have an indirect adverse impact on human beings. The program EIR 85 -2 addressed all of these concerns and this project is fully within the scope of that discussion. Sources: Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan AFWgation1XIonitorin,- Required: None required. OF:br:T15c01 ev 0 • ATTACHMENT D PLANNING COMMISSION RESOLUTION NO. 3587 2. 3 4 s 6 7 s 9 10 II 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 • RESOLUTION NO. 3587 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP NO. 15601 - LOCATED AT THE NORTHERLY TERMINUS OF TOWNSHIP DRIVE (LOT 26 AND A PORTION OF LOTS 13 ADN 24 OF TRACT 13627). The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Vesting Tentative Tract Map No. 15601 was submitted to the Planning Commission by Warmington Homes California for consideration; B. That a public hearing was duly called, noticed and held for said map on April 13, 1998 by the Planning Commission; C. That Environmental Impact Report 85 -2, as modified by supplements and addenda, for the East Tustin Specific Plan, has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project; D. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement as amended and Subdivision Map Act as it pertains to the development of single - family dwellings; E. The 0.5544 acres of parkland required for this development was previously dedicated with recordation of Tract 13627; F. That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, for the impact of Vesting Tentative Tract 15601 on School District facilities, and changes in state law. The impacts associated with this approval on School District Facilities are adequately addressed; G. That the site is physically suitable for the type of development proposed; H. That the site is physically suitable for the proposed density of development; I. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; 2 3 4 s 6 7 s 9 10 1 12 13 14 Is 16 17 1E 19 20 21 22 23 24 25 26 27 28 29 • • Resolution No. 3587 J. That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision; K. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; L. The proposed project has been reviewed for conformity with the provisions of the Orange County Congestion Management Program, and it has been determined that the additional traffic generated by the proposed project onto the CMP Highway System does not cause the system to exceed established level of service standards; and, M. The proposed project has been reviewed for conformity with the provisions of Measure M /Growth Management Program, and it has been determined that the estimated project generated traffic does not cause the roadway system. to exceed established level of service standards. N. That the project has been reviewed for consistency with the Air Quality Sub - Element of the City of Tustin General plan and has been determined, or conditioned, to be consistent with the Air Quality Sub - Element. II. The Planning Commission hereby recommends that the City Council approve Vesting Tentative Tract Map No. .15601 located at the northerly terminus of Township Drive (Lot 26 and a portion of Lots 13 and 24 of Tract 13627), subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the ustin ng Commission, held on the 13th day of April, 1998. HO A MITZMAN Chairma 4LI BETH A. BINSACK Planning Commission Secretary Resolution No. 3587 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3587 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th da ril, 1998. IZABETH A. BINSACK Planning Commission Secretary • • EXHIBIT A VESTING TENTATIVE TRACT MAP 15601 RESOLUTION NO. 3587 . CONDITIONS OF APPROVAL GENERAL (1) 1.1 -The subdivider shall comply with all conditions of Tentative Tract 13627 as they pertain to this project. (1) 1.2 Within 24 months from tentative map approval, the Subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9321.11 of the Tustin Municipal Code. (1) 1.3 Prior to release of building permits, all conditions of approval of Design Review 97- 035 and Hillside Review 98 -001 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No.. 3588 and incorporated herein by reference. However, the applicant will be permitted to obtain building permits for model home construction prior to approval of a final map provided approvals have been obtained from the Community Development, Public Works and Fire Departments. (1) 1.4 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development Agreement (and amendments thereto), and EIR 85 -2. (1) 1.5 The cumulative number of residential units for which certificates of occupancy may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. (1) 1.6 The subdivider shall be required to execute Subdivision/Monumentation Agreements and provide improvement/monumentation bonds to the City prior to recordation of the final map. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE /S (7) PC /CC POLICY (4) DESIGN REVIEW * ** EXCEPTION Exhibit A - Resolution No. 3� • VTT 15601 Page 2 (1) 1.7 Prior to final map approval, the subdivider shall submit: A. A current title report; B. A duplicate mylar of the Final Map, or 8 1/2" X I F' transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance. (1) 1.8 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS * ** 2.1 Prior to the issuance of the first Certificate of Occupancy within the Model Complex, the developer shall complete the installation of all site improvements, perimeter walls and common area landscaping and receive final building inspection for all site improvements and landscaping located within Lots E — J. (1) 2.2 The amount of acceptable security for construction of public improvements shall be (5) reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. (1) 2.3 All changes in existing curbs, gutters, sidewalks and other improvements (5) shall be the responsibility of subdivider. (1) 2.4 Preparation of plans for and construction of- (2) (5) A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District, and/or Orange County Sanitation District No. 7, whichever is applicable at the time of plan preparation. B. A domestic water system must be designed and installed to the standards of the Irvine Ranch Water District or City of Tustin Water Department, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable Exhibit A - Resolution No. 3� . VTT 15601 Page 3 laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall meet the standards as required by the Irvine Ranch Water District. (1) 2.5 Proposed private streets shall be designed to the following specifications: (5) (6) A. All proposed streets and drives shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. B. All streets shall be constructed in accordance with City requirements in terms of type and quality of materials used where practical. (5) 2.6 Due to the design of Tract 15601, the addition of private gates across the entrance street will not be permitted. The entry street as proposed does not provide the sufficient stacking distance nor turn around area to facilitate the operation of private gates. (5) 2.7 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right -of -way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD -based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. Exhibit A - Resolution No. 35• • VTT 15601 Page 4 DEDICATIONS/RESERVATIONS/EASEMENTS (1) 3.1 The subdivider shall satisfy dedication and/or reservation requirements as (2) applicable, including but not limited to dedication of all required street and flood control right -of -way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other agencies. * ** 3.2 A separate deed restriction shall be recorded on those lots that contain side entry garages with less than a 20 -foot front yard setback clearly disclosing that the garages shall be constructed as non - habitable space and cannot be converted to habitable space, as defined by the Uniform Building. Code. Said deed .restriction shall be reviewed and approved by the City Attorney and Community Development Department prior to recordation of any.Final Map. * ** 33 A separate lettered lot shall be created on the rear yard slope area of Lot 9 which shall be owned and maintained by the Homeowner's Association. Appropriate access easements to said lettered lot shall be provided across Lot 9 to the private street. Appropriate storm drain easements for private drainage devices shall be identified within the lettered lot. The final lot configuration, access easements and storm drain easements shall be identified on the final map, subject to final approval of the Community Development Department. * ** 3.4 A separate deed restriction shall be recorded on Lots 3 -8 and 30 -36 disclosing that any walls or other devices used to retain the rear yard slope shall be limited to a maximum of four (4) feet in height measured from the finish pad elevation. (5) 3.5 Dedicate a 20 -foot sewer easement, as shown on Lot No. 9 and 10 to County Sanitation District No. 7 of Orange County for proposed district sewer. (5) 3.6 Dedicate maintenance and access easement for tract ingress and egress over private streets, lots "A ", "B ", "C ", "F ", "L" and "P" to the County Sanitation District No. 7 of Orange County. (5) 3.7 During construction of tract sewers, developer to build approximately 320 -foot of 8- inch VCP CSDOC sewer connecting subject tract sewer to existing districts sewer north of Lot No. 9, in proposed 20 -foot sewer easement. CSDOC will reimburse cost of this portion of sewer to developer. Exhibit A - Resolution No. V VTT 15601 Page 5 • CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT -OF -WAY (1) 4.1 Prior to recordation of the final map, subdivider shall post with the Community (2) Development Department a minimum $2,500 cash deposit or letter of credit to (5) guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City appearance of public streets, ari additional incremental deposit will be required. (1) 4.2 Any damage done to existing street improvements and utilities shall be (5) repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. GRADING (1) 5.1 Prior to issuance of grading permits: (2) (5) A. A detailed soils engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City grading requirements, and all other applicable state and local laws, regulations and requirements. B. The applicant shall submit a grading plan subject to approval by the Department of Community Development delineating the following information: 1. Methods of drainage in accordance with all applicable City standards. 2. Recommendations submitted and approved by a geotechnical or soils engineer. 3. Compliance with conceptual grading shown on tentative tract map. 4. A drainage plan and necessary support documents, such as hydrology calculations, to comply with the following requirements: a. Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rainfall which may be expected from all storms up to and including the theoretical 1001500 year storm and dedication of any necessary easements on the final map as required. Exhibit A - Resolution No. 3580 • VTT 15601 Page 6 velocity scouring action. d. Provision for tributary drainage from adjoining properties. 5. All flood hazard areas of record. 6. Final street elevations at key locations. 7. Both horizontal and vertical intersection sight lines shall be shown on both the grading plan and landscape plan in compliance with OCEMA Standard No. 1117 for the interior streets. All landscaping within the limited use areas shall comply with OCEMA Standard No. 1117. 8. Final pad/finished floor elevations and key elevation for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. 9. A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. 10. A note shall be placed on the plans that a qualified paleontologist/archaeologist, as appropriate shall be present during rough grading operations. If resources are found, they shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/ archaeologist subject to review and approval by the Departments of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/ archaeologist shall attend the pre - grade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. Exhibit A - Resolution No. 3� VTT 15601 Page 7 • C. The applicant shall prepare a sedimentation and erosion control plan for all construction work related to the subject tract including a method of control to prevent dust and windblown earth problems. Said plan shall be reviewed and approved by the Community Development Department. D. The applicant shall prepare hydrology and hydraulic calculations for this subject tract. Said plan shall be reviewed and approved by the Public Works Department and Community Development Department/Building Division. (1) 5.2 All earthwork shall be performed in accordance with the Tustin City Code and (3) Tustin Grading Manual. (1) 5.3 Prior to the recordation of a final map, the applicant shall submit for approval by the (5) Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) that identifies the application and incorporation of those routine structural and non - structural Best Management Practices (BMPs) and detailing implementation of the BMPs not dependent on specific land uses. (1) 5.4 Prior to issuance of grading, grubbing and clearing or paving permits, the applicant (2) shall obtain coverage under the NPDES Statewide Industrial Storm water Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this has been obtained shall be submitted to the Building Official. (1) '5.5 Construction phasing shall occur in a logical and sequential pattern and as identified on the approved phasing schedule. The Community Development Director may make minor modifications to the phasing schedule provided that such modifications result in orderly and sequential development, minimizing construction impacts to the greatest extent possible on the occupied portion of the development. FIRE AUTHORITY (5) 6.1 Water Improvement Plans - Prior to the recordation of a subdivision ,map, the subdivider shall submit water improvement plans to the Fire Chief for review and approval to ensure that adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Fire Chief. (5) 6.2 Fire Hydrants - Prior to the recordation of any subdivision map or the issuance of any building permits, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on -site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the Exhibit A - Resolution No. 358 VTT 15601 Page 8 • applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (5) 6.3 Automatic Fire Extinguishing Systems - Prior to the recordation of a subdivision map, a note shall be placed on the map stating that all R -3 structures greater than 5,500 square feet, or any structure out of Fire Department access of 150 feet shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. (5) 6.4 Fire Access - Prior to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief for all fire protection access easements and shall dedicate them to the City. The CC &R's shall contain provisions which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes in within said easement. (5) 6.5 Street Plans - Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. (5) 6.6 Street Markings A. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. B. Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. The CC &R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (5) 6.7 Combustible Construction Letter - Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief s approval of a letter and plan stating that water or fire fighting purposes and an all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site. Exhibit A - Resolution No. 358 VTT 15601 PaQe 9 is (5) 6.8 Water Availability - Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. (5) 6.9 Fire Sprinkler System - Prior to the issuance of any building permits on those lot(s) determined applicable by the Fire Chief, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy. (5) 6.10 Architectural Plan - Prior to approval of a site development/use pemiit, or the issuance of a building permit, whichever occurs first, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744 -0403 for the Fire Safety Site /Architectural Notes to be placed on the plans. (5) 6.11 Fire Hydrant Markers - Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a 'Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. NOISE (1) 7.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. Exhibit A - Resolution No. 35� VTT 15601 Page 10 • B. Due to the project's close proximity to the Browning Corridor, said study shall provide information on single event noise measurements as generated by helicopter flyovers for information purposes only. (1) 7.2 Prior to issuance of any certificates of use or occupancy, field testing in accordance (2) with the Title 25 regulations may be required by the Building Official to verify (3) compliance with STC and IIC design standards. (1) 7.3 All construction operations, including staging and/or delivery of equipment and materials and engine warm up, shall be subject to the provisions of the City of Tustin Noise Ordinance, and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturdays, unless otherwise determined by the Building Official. (1) 7.4 Construction hours shall be clearly posted on the site to the satisfaction of the Building Official. CC &R'S (1) 8.1 Prior to approval of the final map, all organizational documents for the project (3) including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after recordation. CC &R's shall include but not be limited to the following provisions: A. The City shall be included as a party to the CC &R's for enforcement purposes of those CC &R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC &R's. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences, private roadways, and paseos (i.e., walks, sidewalks, arbors). D. Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. E. Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. Exhibit A - Resolution No. 35� VTT 15601 Page 1 I F. Maintenance standards shall Section C above in CC &R's. below: • be provided for applicable items listed in Examples of maintenance standards are shown All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris and weeds. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighbor - neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to side - walks, driveways and structures. 2.. All private roadways, sidewalks and paseos shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel -ways should be removed or repaired promptly. In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property may also be added as alternative language. G. Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City ,of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC &R's. H. Residents shall not store or park any non - motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking or driveway area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowners Association may adopt rules and regulations to authorize exceptions. I. The Homeowners Association is responsible for monitoring and enforcing any and all parking and traffic regulations on private streets and courts. The project CC &R's shall include provisions to require the Association, to develop and enact an enforcement program related to enforcement of parking and traffic regulations within the private development. Said program may include provisions for levying fines, collecting fines and enforce - enforcement/monitoring by private security companies/persons. Exhibit A - Resolution No. 3 • VTT 15601 Page 12 To ensure the proper use of parking space within the subdivision, CC &R's shall include the following acknowledgments and restrictions, which shall also be signed as a separate notification/ acknowledgment, by each new homeowner in the subdivision: All on- street parking spaces are designated as guest parking; individual owners shall have no right to use guest spaces for any vehicle. 2. Individual owners shall park vehicles in garage spaces. 3. Individual owner understands that the subdivision has strict parking regulations that will be enforced by the Homeowner's Association. 4. Individual property owners shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be able to be parked within the required garage spaces. Prior to .implementation of such a program, copies of the approved HO A program shall be forwarded to the City of Tustin Police Department and Community Development Department for review and approval. The Police Department and Community Development Department shall also be provided with any amendments or modifications to the program. All parking regulations shall be enforced at time of final occupancy of any phase of the project. J. A minimum of 88 parking spaces shall be permanently maintained at a rate of two garage spaces per each dwelling unit. An additional minimum of 88 unassigned guest spaces shall also be permanently provided on- street. K. Individual units shall not have separate external television and radio antennas except as otherwise provided by law. Either a central antenna shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be prewired and served by an underground cable antenna service provided by a company licensed to provide such service within the city. L. All utility services serving the site .shall be installed and maintained underground. M. The Association shall be required to file the name, address, and telephone number of at least one member of the Association Board and where applicable, a Manager of the project, before January 1st of each year with the City of Tustin Community Development Department, for the purpose of contacting the Association in case of emergency or in those cases where the City has an interest in CC &R violations. N. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. In addition, the CC &R's shall advise homeowners that MCAS, El Toro is scheduled for closure by the Department of Defense. Future uses of the base Exhibit A - Resolution No. 3510 VTT 15601 Pace 13 • are not known with certainty at this time; however, on December 12, 1996, the Orange County Board of Supervisors endorsed a proposal to convert the facility to an international commercial civilian airport. O. No amendment to alter, modify, terminate or change the Homeowners Association's obligation to maintain the common areas and the project perimeter walls (including such walls located on private property) or other CC &R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. This shall not preclude the Homeowners Association from assessing charges to individual property owners for structural damage to such walls. P. Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the public utility easement behind the private street right -of -way. Where such facilities are located on private property within the utility easement, notification shall be given to those owners as to the locations, types and quantities of all facilities as they relates to their specific property. Q. Maintenance of all manufactured slopes within rear yards shall be.the responsibility of the individual property owners. The CC &Rs shall include specific standards for the maintenance of slopes and drainage devices. Pursuant to Section 5.4 of the City Grading Manual, all proposed and future structures will be subject to setback requirements for footings on or adjacent to slopes. Disclosure information shall be included that the use of walls or other devices to retain the rear yard slopes on Lots 3 -8 and 30 -36 shall be limited to a maximum of four (4) feet from the finished pad elevation. R. Disclosure to all future homeowners and purchasers of property that surrounding properties may be developed consistent with City ordinances in a manner which may partially or totally obstruct views from the owner's unit, and that the City of Tustin makes no claim, warranty or guarantee that views from any unit will be preserved as development of surrounding properties occurs. S. Maintenance of all slopes and drainage devices on individual lots within fenced yard areas shall be the responsibility of the individual property owner. T. Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement. U. All streets within this development are private and shall be maintained by the Homeowners Association. Should, at any time in the future, the Homeowners Association request that the City accept the streets as public streets, the Homeowners Association shall be responsible for modifying all streets to meet the then most current public street standards. Exhibit A - Resolution No. 3� • VTT 15601 Page 14 V. Disclosure information that the side entry garages with less than a 20 -foot front yard setback are constructed as non - habitable space and cannot be converted to habitable space as defined by the Uniform Building Code. W. Home occupations may be permitted consistent with City Regulations and upon issuance of a City Business License. HOME BUYER NOTIFICATION (1) 9.1 Prior to issuance of Certificate of Occupancy: A. A document separate from the deed shall be prepared which will be an information notice to future home buyers of aircraft noise impacting the subdivision. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. B. The developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicate: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map) and that the school boundaries are subject to change. (2) Advice to home buyers that proposed school sites may never be constructed. C. The Subdivider shall provide the City with a statement which must be signed by each home buyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. D. The developer shall provide the City with an information notice to future homeowners of lots that have above ground utilities or structures (such as light standards and fire hydrants) located within a public utility easement identifying the type of structure and their locations. E. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. In addition, the CC &R's shall advise homeowners that MCAS, El Toro is scheduled for closure by the Department of Defense. Future uses of the base are not known with certainty at this time; however, on December 12, 1996, the Orange County Board of Supervisors endorsed a proposal to convert the facility to an international commercial civilian airport. (1) 9.2 It is the Subdivider's obligation to notify all potential buyers of subdivided lots of all liens and assessments against the subdivided properties including, but not necessarily limited to, the following: Exhibit A - Resolution No. 35� • VTT 15601 Page 15 A. Reassessment District 95 -2. B. City of Tustin Landscape and Lighting District. C. That the project is located within a Mello Roos District * ** 9.3 A separate notice shall be provided to and executed by the future homeowner of those lots that contain side entry garages with less than a 20 -foot front yard setback clearly disclosing that the garages shall be constructed as non - habitable space and cannot be converted to habitable space, as defined by the Uniform Building Code. Said notice shall be reviewed and approved by the City Attorney and Community Development Department prior to recordation of any final map. A copy of the executed notice shall be provided to the Community Development Department immediately upon close of escrow. * ** 9.4 A separate notice shall be provided to and executed by the future home owner's of Lots 3 -8 and 30 -36 clearly disclosing that the use of walls or other devices to retain the rear yard slope shall be limited to a maximum of four (4) feet in height measured from the finished pad elevation. Said notice shall be reviewed and approved by the Community Development Department and City Attorney prior to recordation of any final map. A copy of the executed notice shall be provided to the Community Department immediately upon close of escrow. FEES (1) 10.1 Prior to recordation of any final map, Subdivider shall pay plan check and inspection fees for all public and/or private infrastructure improvements within the City's responsibility excluding those financed by an Assessment District. (1) 10.2 Prior to issuance of any building permits, payment shall be made of all applicable (5) fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. All applicable building, grading and private improvement plan check and permit fees to the Community Development Department based upon the most current schedule. B. New development fees in the amount of $350 per single family unit to the Community Development Department. C. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Developer, or proof of a release from payment of any fee. D. Major thoroughfare and bridge fees in the amount of $2,612 per unit to the Tustin Public Works Department. E. Water and sanitary sewer connection fees to the Irvine Ranch Water District. Exhibit A - Resolution No. 3 V VTT 15601 Page 16 0 (1) 10.3 Prior to recordation of a final map, payment shall be made of all applicable Reassessment District No. 95 -2 reapportionment costs as required by the City Engineer. Reapportionment of acreage assessment to individual subdivided lot assessment. (5) 10.4 Within forty-eight (48) hours of approval of the subject project by the City Council, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. 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 Fish and Game Code 711.4. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. Pc s:Tr15601a