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Home My WebLink About01 TENTATIVE TRACT MAP 15993AGENDA REI*RT • N0.1 052 =0'1 MEETING DATE: May 21, 2001 600 -70 atdiDOPTED RES01147JA MU TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT 's SUBJECT: TENTATIVE TRACT MAP 15993 600191 &I�LVATOa g Tentative Tract Map 15993 is a request to subdivide an 18.95 -acre vacant site into twenty - two (22) numbered lots and fourteen (14) lettered lots for development of twenty -two (22) estate density residences. The site was previously approved for subdivision of sixteen (16) home sites in conjunction with Master Tract 14396. On May 14, 2001, the Planning Commission approved Design Review 00 -046, Hillside Review 00 -001, and Administrative Adjustment 01 -001 and recommended that the City Council approve Tentative Tract Map 15993. Applicant: Standard Pacific Homes Owner: The Irvine Company RECOMMENDATION That the City Council: 1. Adopt Resolution No. 01 -52 approving the Final Negative Declaration for the project; and, 2. Adopt Resolution No. 01 -53 approving Tentative Tract Map 15993. FISCAL IMPACT Tentative Tract Map 15993 is an applicant- initiated project. The applicant has paid applicable fees for the processing of this map. ENVIRONMENTAL A Final Negative Declaration has been prepared in conformance with the California Environmental Quality Act (Exhibit A of Resolution No. 01 -52). DISCUSSION The applicant is requesting approval to construct twenty -two (22) single family detached residential units on a site that was previously subdivided under Tentative Tract Map 14396 • • City Council Report Tentative Tract Map 15993 May 21, 2001 Page 2 to accommodate sixteen (16) units and a potential equestrian center (Attachment A — Location Map). On May 14, 2001, the Planning Commission approved the project design and an increase in the height of the entry gates and fencing as described in Attachment B (Planning Commission Staff Report/Resolution Nos. 3782 and 3787). To develop the site in accordance with the Planning Commission's approvals, the applicant is requesting approval of Tentative Tract Map 15993. Tentative Tract Map 15993 The proposed subdivision is an 18.95 -acre site that would be divided into twenty -two (22) numbered parcels at a density of 1.162 dwelling units per acre for home sites, and fourteen (14) lettered parcels for roadways and common areas (Attachment C — Tentative Tract Map 15993). The configuration of the tract is similar to the previously approved configuration under Tentative Tract Map 14396 with the addition of six (6) home sites in the area previously identified as a potential equestrian center. The applicant indicated at the Planning Commission meeting on May 14, 2001, that homebuyer notifications were provided to homeowners in Phases 1 and 2 indicating that the equestrian center may not be implemented. The proposed parcels meet the development standards of the East Tustin Specific Plan (ETSP) for Estate density, which are as follow: • Lot Width 70 feet with an average width of 90 feet • Lot Area 8,000 square feet with an overall lot size of 10,000 square feet The proposed units also meet the ETSP development standards for Estate density: • Building Height 35 feet • Lot Coverage 40 percent • Front setback 20 feet • Side yard setback 5 feet, 10 feet corner lots aggregate of 14 feet for two -story structures • Rear yard setback 25 feet Private Improvements The site is accessed by one entrance on Peters Canyon Road. The vehicular circulation consists of three private roadways that connect to the main -road entrance at an intersection approximately fifteen (15) feet from Peters Canyon Road. The northerly road (Turnleaf Lane) is thirty-six (36) feet in width and provides access to thirteen (13) units with on- street parking on both sides. The southern portion of Turnleaf Lane and Silverado Terrace to the west are thirty -two (32) feet in width and provide access to the remaining nine (9) units with parking on • • City Council Report Tentative Tract Map 15993 May 21, 2001 Page 3 one side of the street. These roadways and all common areas within the tract will be maintained by a new Homeowners Association. Phases I and II of the project were developed without sidewalks to create a rural environment. The City's Grading Manual and the Hillside District Guidelines of the East Tustin Specific Plan suggest consideration of deviations from the Private Improvement Standards to minimize grading impacts where adequate road safety requirements can be met. The proposed residences in Phase III are smaller in size and lot size in relation to the previous phases. To reduce grading impacts and maintain a rural character, the site design incorporates deviations from the Private Improvement Standards including a one foot wide parkway, a single five foot wide sidewalk on each street, fifteen (15) feet high street lights with no arms (maximum 200 feet spacing), and rolled curbs are proposed. Considering the small number of the homes, the project will not generate significant pedestrian traffic and construction of the sidewalk on one side would accommodate separation of pedestrian and vehicular traffic. Deviations from the Private Improvement Standards have been reviewed by the City's Traffic Engineer and the Building Official and no concerns have been expressed. As was approved under Tentative Tract Map 14396, no internal vehicular or pedestrian connections are provided between Phases 2 and 3. All pedestrian and vehicular access to the site would be provided from Peters Canyon Road. Consistent with Phases 1 and 2, Condition 3.3 of Resolution No. 01 -53 would require the pedestrian gates at the entrance to remain unlocked. Eucalyptus Trees The configuration of the tract is similar to that approved under Tentative Tract Map 14396. As such, the development incorporates a vast amount of open space which provides for the preservation of many of the existing eucalyptus trees and the installation of a variety of pepper, sycamore, and eucalyptus trees. The eucalyptus trees on the sloped areas will be preserved and replaced in accordance with the East Tustin Eucalyptus Preservation Plan, which was approved with Tract 14396 and the recommendations of the Reforestation Plan prepared by the Urban Forestry Consultants dated December 1990 and updated July 1996. Condition Nos. 2.6 and 2.7 of Planning Commission Resolution No. 3787 are included to ensure that the requirements of Master Tract 14396 are implemented with the third and last phase of the project. Park and Recreational Land Dedication The Subdivision Map Act and the East Tustin Specific Plan require a minimum of three (3) acres of parkland be dedicated for every 1,000 persons. The person - per -unit ratio for calculating the area of land is 4.2 persons per unit for an Estate density development, which equals 500 persons for the three phases of the Tustin Ranch Estates project containing 119 units. The Tiered Initial Study for Tract 14396 indicates that 1.423 acres of park was dedicated for the 119 -unit project. Since the number of units has increased from 113 to 119, • • City Council Report Tentative Tract Map 15993 May 21, 2001 Page 4 the parkland dedication was re- calculated. With the six (6) additional (6) units proposed, the parkland dedication requirement increases from 1.423 to 1.5 acres, or 3,354 square feet (0.077 acres), more than the previous dedication. Condition No. 3.1 of Resolution No. 01 -53 is included to ensure the parkland dedication requirement is satisfied. Final Negative Declaration On August 17, 1998, Addendum 7 of EIR 85 -2 was approved for the subdivision of Tract 14396 and site development of the property. A draft tiered initial study for residential pad development has been prepared and was available for public review from April 25 to May 14, 2001 (Exhibit A of Resolution No. 01 -52). No comments were received. The draft tiered initial study evaluates the construction of 22 home sites and incorporates, by reference, the environmental analysis included in EIR 85 -2 for the ETSP (certified on March 17, 1986) and subsequently amended by Addendum 7. In conformance with CEQA, the purpose of this tiered initial study is to identify and focus the environmental analysis for the project on significant new environmental impacts that were not previously considered in the Program EIR or Addendum 7. No significant new impacts were identified. Mitigation measures which reduce any potential impacts to a level of insignificance are included as conditions of approval in Planning Commission Resolution No. 3787 for the design of the project and Resolution No. 01 -53 for Tentative Tract Map 15993. MiZ� bi Associate Planner ccreport\tract 15993 Elizabeth A. Binsack Community Development Director Attachment: A: Location Map B: Planning Commission Staff Report and Resolution Nos. 3781, 3782 and 3787 C: Tentative Tract Map 15993 D: Resolution Nos. 01 -52 and 01 -53 • • ATTACHMENT A OF CITY COUNCIL REPORT Location Map _r 1 LCWTI O N MAP ' `r. u� l WAV a - �- _P�zo.leoT E I 1 NO SCALE • • ATTACHMENT B OF CITY COUNCIL REPORT Planning Commission Report and Resolution Nos. 3781, 3782, and 3787 • l`S Y O Report to the Planning Commission DATE: MAY 14, 2001 SUBJECT: TENTATIVE TRACT MAP 15993, DESIGN REVIEW 00 -046, HILLSIDE REVIEW 00 -001 AND ADMINISTRATIVE ADJUSTMENT 01 -001 APPLICANT: STANDARD PACIFIC HOMES 15326 ALTON PARKWAY IRVINE, CA 92618 ATTN: THOMAS OLSON OWNER: THE IRVINE COMPANY 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CA 92658 ATTN: DAVID CONLEY LOCATION: PHASE III OF TUSTIN RANCH ESTATES (PORTION OF LOT 25 OF MASTER TRACT 13627) ZONING: EAST TUSTIN SPECIFIC PLAN (ESTATE RESIDENTIAL DENSITY) ENVIRONMENTAL STATUS: A NEGATIVE DECLARATION HAS BEEN PREPARED IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUEST: 1) APPROVAL OF TENTATIVE TRACT MAP 15993 TO SUBDIVIDE AN 18.95 ACRE VACANT SITE FOR THE DEVELOPMENT OF TWENTY -TWO (22) ESTATE DENSITY RESIDENTIAL UNITS ON 22 NUMBERED LOTS AND FOURTEEN LETTERED LOTS; 2) APPROVAL OF DESIGN REVIEW 00 -046 AND HILLSIDE REVIEW 00 -001 FOR SITE, ARCHITECTURAL, LANDSCAPE, AND LANDFORM DESIGN FOR TWENTY -TWO (22) RESIDENTIAL UNITS; AND, 3) APPROVAL OF ADMINISTRATIVE ADJUSTMENT 01 -001 TO INCREASE THE HEIGHT OF WALLS AND PILASTERS AT THE SECONDARY ENTRANCE GATE FROM THE ALLOWABLE MAXIMUM HEIGHT OF SEVEN FEET SIX INCHES (7' 6 ") TO NINE (9) FEET Planning Commission Rep1 • Tentative Tract Map 15993, Design Review 00 -046, Hillside Review 00 -001, and Administrative Adjustment 01 -001 May 14, 2001 Page 2 RECOMMENDATION 1. That the Planning Commission adopt Resolution No. 3781 recommending that the City Council adopt Final Initial Study and Negative Declaration for Tentative Tract Map 15993, and adopting the Initial Study and Negative Declaration as adequate for Design Review 00 -046, Hillside Review 00 -001 and Administrative Adjustment 01 -001 for development of twenty -two (22) home sites; 2. That the Planning Commission adopt Resolution No. 3782 recommending approval of Tentative Tract Map 15993 for subdivision of twenty -two (22) numbered lots and fourteen (14) lettered lots for the development of twenty -two (22) residential units; and, 3. That the Planning Commission adopt Resolution No. 3787 approving Design Review 00 -046 and Hillside Review 00 -001 for the site, architectural, landscape, and landform design of twenty -two (22) residential units and Administrative Adjustment 01 -001 for an increase in the permitted height of entry walls and pilasters to a maximum height of nine (9) feet. BACKGROUND On August 11, 1997, the Planning Commission approved Design Review 96 -054, Hillside Review 96 -002, and Tentative Tract Map 14396 (part of Master Tract Map 13627) for the development of 113 custom home sites,'an equestrian center site, and a 20 -acre intermediate school site at the southerly terminus of Pioneer Road (Attachment A - Location Map). The project was subsequently divided into three phases. Phase I, identified as Final Tract Map 15563 and Design Review 95 -015, included forty-six (46) Estate Density (E) home sites that was approved on September 14, 1998. All homes within Phase I have been developed and occupied. Phase II, including fifty -one (51) units, was approved in October 2000 and is under construction. The project site, also known as Phase III, was previously approved by Tentative Tract Map 14396 for the development of sixteen (16) units and an equestrian center (if approved through a conditional use permit). The applicant is requesting approval of a new subdivision configuration, site plan, and architectural plans to accommodate twenty -two (22) units. Surrounding Properties The project is located north of Pioneer Road within the East Tustin Specific Plan (ETSP) Estate Residential Density land use designation (Attachment A - Location Map). Surrounding properties include Phase I and II of Tustin Ranch Estates to the south, Peters Canyon Regional Park to the north, residences within the County of Orange to the west, and the El Dorado development to the east. Planning Commission Repo Tentative Tract Map 15993, Design Review 00 -046, Administrative Adjustment 01 -001 May 14, 2001 Page 3 DISCUSSION • Hillside Review 00 -001, and Project Description The applicant is requesting approval to construct twenty -two (22) single family detached residential units on a site that was .previously subdivided under Tentative Tract Map 14396, Hillside Review 96 -002, and Design Review 96 -054 to accommodate sixteen (16) units and an equestrian center and Administrative Adjustment 01 -001 for an increase in the height of entry walls and pilasters. The following discussion addresses the subdivision, site design, architecture, guest parking, landscaping, parkland dedication, and entry gates (Attachment B — Submitted Plans). Tentative Tract Map 15993 The proposed subdivision is an 18.95 -acre site that would be divided into twenty -two (22) numbered parcels at a density of 1.162 dwelling units per acre for home sites, and fourteen (14) lettered parcels for roadways and common areas (Attachment B — Tract Map 15993). The proposed parcels meet the development standards of the East Tustin Specific Plan for estate density, which is as follows: • Building Height 35 feet • Lot Coverage 40 percent • Lot Width 70 feet with an average width of 90 feet • Lot Area 8,000 square feet with an overall lot size of 10,000 square feet • Front setback 20 feet • Side yard setback 5 feet, 10 feet corner lots aggregate of 14 feet for two -story structures • Rear yard setback 25 feet The site is accessed by Peters Canyon Road. A private roadway system is proposed for on -site circulation. All common areas are proposed to be private and maintained by a Homeowners Association. Site Design The vehicular circulation on the site is provided by three roadways that connect to the main -road entrance at an intersection approximately fifteen (15) feet from Peters Canyon Road. The northerly road (Turnleaf Lane) is thirty -six (36) .feet in width and provides access to thirteen (13) units with street'parking on both sides (Attachment B — Technical Site Plan). The southern portion of Turnleaf Lane and Silverado Terrace to the west are thirty -two. (32) feet in width and provide access to the remaining nine (9) units with parking on one side of the street. Planning Commission Repo • Tentative Tract Map 15993, Design Review 00 -046, Hillside Review 00 -001, and Administrative Adjustment 01 -001 May 14, 2001 Page 4 The technical site plan identifying the configuration of the units on the lots is also consistent with applicable zoning standards of the East Tustin Specific Plan (Attachment C - Statistical Summary). Hillside Review The proposed subdivision would raise the existing downgrade slope running parallel to the Peters Canyon Regional Park to several feet higher than the finished grade at the park. Portions of the northerly and westerly slopes that contain large number of eucalyptus trees and steeper slopes are preserved. The proposed grading is in compliance with the guidelines noted in Section 2.13 of the East Tustin Specific Plan for Hillside development in that the grading of sloped areas incorporates open slope areas, which are landscaped and provide an appearance of a natural hillside, and blend with the natural character of the hillside landform (Attachment B — Technical Site Plan /Grading Profiles). In addition, the proposed grading would create a natural landscape adjacent to the Peters Canyon Regional Park. The home pads and roadway design conform to the direction of the contours and reduce adverse grading impacts. Roadway and Site Design Phases I and II of the project were developed without sidewalks to create a rural environment. The City's Grading Manual and the Hillside District Guidelines of the East Tustin Specific Plan suggest consideration of deviations to minimize grading impacts where adequate road safety requirements can be met. The proposed residences in Phase III are smaller in size and lot size in relation to the previous phases. The project will include a sidewalk on one side to separate pedestrians from vehicular traffic. Considering the small number of the homes, the project will not generate significant pedestrian traffic and construction of the sidewalk on one side would accommodate separation of pedestrian and vehicular traffic. To maintain a rural character, the site design incorporates deviations from the Private Improvement Standards. Fifteen (15) feet high street lights with no arms (maximum 200 feet spacing) and rolled curbs are proposed. Deviations from the Private Improvement Standards have been reviewed by the City's Traffic Engineer and the Building Official and no concerns have been expressed. All streets within the vehicle gate systems would be private and maintained by the Homeowners Association. Architecture The project would create twenty -two (22) single - family detached dwellings. Three (3) different floor plans are proposed which range in size from 4,430 to 5,007 square feet in size. Three different elevations are proposed for each floor plan including architectural features of Spanish (Andalusia), Tudor (Normandy), and Italianate designs. The proposed architecture incorporates detailing, colors, and materials consistent with the Tustin Ranch theme. Exterior plaster and concrete roof tiles are proposed for all model types. With the Spanish design, wrought iron details and wood shutters accent the Planning Commission Repo* • Tentative Tract Map 15993, Design Review 00 -046, Hillside Review 00 -001, and Administrative Adjustment 01 -001 May 14, 2001 Page 5 elevations. The Tudor style incorporates steeper roof slopes, wood shutters, diagonal window mullions, and stone veneer features. The Italianate design includes ornate wrought iron, elaborate door and window cornices, and decorative brackets (Attachment B - Submitted Plans). The size and design of the four models can be summarized as follows: Plan Type First Floor Area (square feet Second Floor Area (square feet Total Area (square feet Number of Garages Plan 1 1,347 2,336 4,430 3 Plan 2 2,394 1,964 4,358 3 Plan 3 2,462 2,545 5,007 3 Plans two and three include a bedroom /studio with separate access. Condition 2.5 of resolution No. 3787 is included to require the applicant to record deed restrictions to prevent the detached portion of the residence from being used as a second unit. Second dwelling units are prohibited unless authorized under the provisions of the East Tustin Specific Plan. Guest Parking The proposed Technical Site Plan depicts the number of provided guest parking. The ETSP requires (3) three enclosed garage spaces and two (2) guest spaces per unit. For the proposed twenty -two units, forty -four (44) guest parking spaces are required. Forty -nine (49) parking spaces are proposed as street parking to satisfy the guest parking requirement. Parking would be provided on both sides of the northerly portion of Turnleaf Lane that is designed thirty -six (36) feet wide and on one side of the other two roads that are thirty -two (32) feet in width. Landscaping The development incorporates a vast amount of landscaping throughout the site. At the main entrances a variety of pepper, sycamore, and eucalyptus trees are proposed (Attachment B - Submitted Plans). The eucalyptus trees on the sloped areas are being preserved and replaced in accordance with the East Tustin Eucalyptus Preservation Plan, which was approved with Tract 14396 and is being implemented in accordance with the recommendations of the Reforestation Plan prepared by the Urban Forestry Consultants dated December 1990 and updated July 1996. Condition Nos. 2.6 and 2.7 of Resolution No. 3787 are included to ensure that the requirements of Master Tract 14396 are implemented with the third and last phase of the project. As discussed, the applicant is proposing to retain natural areas within the development. These natural areas may contain various species of cactus and native shrubs including mustard that appear weedy at certain areas visible from public right -of -way. Condition No. 2.4 of Resolution No. 3787 is included to reduce potential adverse aesthetics impacts associated with the natural open space areas in particular along Peters Canyon Road. The applicant would be required to submit a detailed landscaping plan for review and Planning Commission Rep • Tentative Tract Map 15993, Design Review 00 -046, Hillside Review 00 -001, and Administrative Adjustment 01 -001 May 14, 2001 Page 6 approval which demonstrates enhanced "natural landscaping areas' with additional trees and shrubs to minimize the weedy appearance of natural vegetation in the areas visible from Peters Canyon Road and Pioneer Road and residential areas within the County of Orange. In addition, revegetation of landscaping materials will be provided on graded and cut/fill areas where structures or improvements are not proposed with consideration given to the use of drought tolerant plan materials. In conjunction with TTM 14396, the Orange County Fire Authority (OCFA) required a fuel modification plan for the natural and landscaped areas to protect the future residents from wildfires. Fuel modification plans generally require thinning and removal of dead native plant materials (i.e. trees, shrubs, and grasses) and establish various planting zones within specified distances to the future residences, which would be planted and irrigated to provide a transition from the natural areas. Condition 6.5 of Resolution No. 3787 is included to ensure that a fuel modification plan in compliance with the requirements of the Orange County fire Authority is prepared and implemented. Park and Recreational Land Dedication The Subdivision Map Act and the East Tustin Specific Plan require a minimum of three (3) acres of parkland be dedicated for every 1,000 persons. The person - per -unit ratio for calculating the area of land is 4.2 persons per unit for an Estate density development, which equals 500 persons for the three phases of the Tustin Ranch Estates project containing 119 units. The Tiered Initial Study for Tract 14396 indicates that 1.423 acres of park was dedicated for the 119 -unit project. Since the number of units has increased from 113 to 119, the parkland dedication was re- calculated. With the six (6) additional (6) units proposed, the parkland dedication requirement increases from 1.423 to 1.5 acres, or 3,354 square feet (0.077 acres), more than the previous dedication. Condition No. 3.1 of Resolution No. 3782 is included to ensure the parkland dedication requirement is satisfied. Vehicular and Pedestrian Access Gates and Pilasters The three phases of the Tustin Ranch Estates project were designed with three entrances: one is existing at Pioneer Road (Phase 1), one is at Peters Canyon Road midway across from the entrance to the El Dorado residential for Phase II, and one would be constructed at the terminus of Peters Canyon Road in conjunction with Phase III. A five (5) foot wide pedestrian gate is also proposed to the north of the vehicular gates. The proposed gate system provides adequate stacking and turn around areas consistent with applicable standards and is acceptable to the Engineering Division. The vehicular gate would be (14) feet in width and constructed of wrought iron, and stone perimeter walls are proposed at nine feet (9' 0 ") in height. The applicant is requesting approval of Administrative Adjustment 01 -001 to increase the height.of walls and pilasters at entry from an allowed height of (7' 6 ") seven feet, six inches to a maximum of nine (9) feet, consistent with the previous phases of the project. The proposed height would be compatible with the setting and similar to the earlier phases (Attachment B — Entry Gate Plans). Planning Commission Repo* • Tentative Tract Map 15993, Design Review 00 -046, Hillside Review 00 -001, and Administrative Adjustment 01 -001 May 14, 2001 Page 7 Consistent with the two first phases of the project and Condition 8.1(F)2 of Resolution No. 3539 (Attachment E) for Tentative Tract 14396, Condition No. 3.3 of Resolution No. 3787 is included to require unlocked pedestrian gates at the entrance. A pedestrian gate policy for the East Tustin Specific Plan area will be considered by the City Council pending the completion of a comprehensive survey of Orange County cities regarding allowing pedestrian access in private communities. The applicant would be able to modify the plans, if approved, in accordance with the policy. Model Home Sales Complex The model home sales complex is proposed to be at the southerly portion of the site. Condition No. 2.9 of Resolution No. 3787 is included to require the applicant to close and convert the model homes to occupancy within 90 days from the last home sale (deed recordation) of the same style home. Phasing Plan The technical Site Plan identifies the following three phases for the project: Models Lots 6, 19, 20, 21, and 22 Phase I Lots 1, 2, 13, 14, 15, 16, 17, and 18 Phase II Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 ENVIRONMENTAL DOCUMENTATION On August 17, 1998, Addendum 7 of EIR 85 -2 was approved for the subdivision of Tract 14396 and site development of the property. A draft tiered initial study for residential pad development has been prepared and available for public review from April 25 to May 14, 2001 (Exhibit A of Resolution No. 3781). The draft tiered initial study evaluates the construction of 22 home sites and incorporates, by reference, the environmental analysis included in EIR 85 -2 for the ETSP (certified on March 17, 1986) and subsequently amended by Addendum 7. In conformance with CEQA, the purpose of this tiered initial study is to identify and focus the environmental analysis for the project on significant new environmental impacts that were not previously considered in the Program EIR or Addendum 7. No significant new impacts were identified. Mitigation measures which reduce any potential impacts to a level of insignificance are included as conditions of approval in Resolution Nos. 3782 and 3787. ANALYSIS A decision to approve the proposed project may be supported by the following findings: • The proposed subdivision and development complies with the East Tustin Specific Plan land use designation and development standards for the project site; Planning Commission Repo 0 Tentative Tract Map 15993, Design Review 00 -0.46, Hillside Review 00 -001, and Administrative Adjustment 01 -001 May 14, 2001 Page 8 • The proposed project will not have a negative effect on the surrounding properties or owners in that sufficient infrastructure will be developed to support the development such as roadways and utilities and the site layout and massing, scale, and architectural design of the proposed residences are compatible with the setting and similar to other residential tracts in the area; The proposed grading is in compliance with the guidelines noted in Section 2.13 of the East Tustin Specific Plan for Hillside development in that the grading of sloped areas has been designed to blend with the natural character of the hillsides. Pursuant to Section 3.13.2 of the East Tustin Specific Plan and Section 9299(C)(3) of the Tustin City Code, there are special circumstances regarding the size, configuration, topography, and surroundings of the subject property in that the project site is located within the East Tustin Specific Plan Hillside District and comprised of steep slopes and grades. The increased height of the entry pilasters and fencing is necessary to ensure their effectiveness in directing access to the gated community given the sloped configuration of the entry area. Granting the adjustment would not be a grant of special privileges in that other properties in the vicinity with similar site constraints have been granted similar adjustments. Considering the width of the entrance, the proposed height of the gates and fencing would be appropriate. • As conditioned, public pedestrian access to the site would be maintained since no locking devices for the pedestrian gates would be installed at the main entrance gate; Minoo Ashabi Associate Planner Vt-, Karen Peterson Senior Planner Attachments A - Location Map B - Submitted Plans C - Statistical Summary D - Resolution Nos. 3781, 3782, and 3787 • • ATTACHMENT A Location Map LOTION MAP/-I L. 1�111 7.ar 110 NO SCALE • 1 • ATTACHMENT B Submitted Plans t t oil QS 11b E I _0 —0 Tlksk-� r, I LO ---- ------ -- - --------- nA III I11 �9H��9Fkoa( llial'111111.1111 lull! 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W`9 ye �yl pp!!!P pl ellpp M >P°FP!!PP 1 db� � � �g39Pl4p ii:'4 Rn�iin�EY3 N as 5 �[ ® d F €e®FI §r F € € I Idee too 5 e tee— — IFp4 5� f a w p � e �8 .� § •� ��dd too Ye B yy s 6dq � p66 F j 9tlp yy i666II Yd0 ppp �6 ea e§ ee e6 vpS 0iig� 9 e :..5 I 11 A � - - -- � 9, v y Ml mE i�E it 'bvV , � f s�`•�I l�� Y N 1 f 1 0 Z t S� 0 - _ h Zq sC U LE � f tj 1 mz a 1 , 11 �e It s T&TIN RANCH ESTA193 TENTATIVE TRACT NO "TREE IMPACT SURVEY" ' � 1 i l\ PROPOSED OfiDNgL TflACf �1C3Y0 LOT DB) BOU m r &7A0®Pdi i 1\ PROPOSED f e�y: SAVES � , i PR Lam\\ I rwrosm uvFs ,rmxm • • a� - • • « • • - m - PIWPOSED.EI9�UE �'� ®� ®Q ADAMS-4TREE1'ER 0' �r�' m - IN o �'� ®� ®Q ADAMS-4TREE1'ER 0' �r�' PQ F- -I v C N s e^ n e C N 9�n yt0 dU �QVG�o�'gy Al wu G� 6Y� O C1 6 V a m C t4 s N N W L U C C CfS i� ly d I�� • vow r Y �9 a Cq I k s d � U L a d Q e 0 0 m 0 m y y • e 0 0 9 a C0 e e a m y a+ a V N CL T m v c m :k N d co N W L U G C N m C f! s d �B s 'iB� • 6 S ra • U V A a m c 6 Q w � c o � � � C .y N_ i� f� B E { Ea 7` IS S s A d V f`. U A CL v A c m N a s � F- 1�3 y o � Y � Fw °0 a�U • C w f0 kepi s � F- 1�3 y o � LU Fw °0 a�U • C w f0 kepi a. s � F- 1�3 • • V A a 3 S a v c m N d (d � W r L 5 c a � P W C a 1� E S �g IiE IEi • z ev^ioa`e. a {sj P yaE m °,Y, m e a A v c N N N f0 N W r U C m C N 7 F i€ 6 • 0 m a al� a� N w � L C U N C 1 � C .y r • • ATTACHMENT C Statistical Summary 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 Plan 1 Plan 2 Plan 3 • • Statistical Summary Tentative Tract Map 15993, Design Review 00 -046, Hillside Review 00 -001, and Administrative Adjustment 01 -001 Requirement Proposed N/A 18.95 acres 8,000 s.f. 10,000 ±s.f.(average) 37 units maximum 22 units 2 du /ac (gross) 1.16 du /ac (gross) - 40% max. 40% max. SQ. FT. 4,430 4,358 5,007 20 feet minimum 5 feet minimum 10 feet (comer lots) 12 foot aggregate (1 -story plans) 14 foot aggregate (2 -story plans) 25 feet minimum 35 feet (3 -car garage per unit) 66 garage spaces 44 spaces (2 space per unit) DESCRIPTION Two story Two story Two story TOTALS: QUANTITY 6 7 9 22 20 feet minimum 5 feet minimum 10 feet minimum 12 feet minimum 14 feet minimum 25 feet minimum (Plan 1) 29' -6" (Plan 2) 29' -6" (Plan 3) 29' -6" 66 spaces 49 on- street spaces 27% 31% 40% 100% • • ATTACHMENT D Resolution Nos. 3781, 3782, and 3787 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • • RESOLUTION NO. 3781 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR TENTATIVE TRACT MAP 15993, AND ADOPTING THE FINAL NEGATIVE DECLARATION FOR DESIGN REVIEW 00 -046, HILLSIDE REVIEW 00 -001, AND ADMINISTRATIVE ADJUSTMENT 01 -001 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That Tentative Tract Map 15993, Design Review 00 -046, Hillside Review 00 -001, and Administrative Adjustment 01 -001 are considered a "project" pursuant to the terms of the California Environmental Quality Act. B. An Initial Study and Negative Declaration has been prepared for this project and distributed for public review. The Initial Study /Negative Declaration evaluated the implications of the proposed project. C. The Planning Commission of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. D. The Planning Commission has evaluated the proposed Final Negative Declaration and determined that, with incorporation of the mitigation measures, the project would not have a significant effect on the environment. II. A Final Negative Declaration, attached hereto as Exhibit A (attached Negative Declaration), has been completed in compliance with CEQA and State guidelines. The Planning Commission has received and considered the information contained in the Negative Declaration prior to adopting for Design Review 00 -046, Hillside Review 00 -001 and Administrative Adjustment 01 -00, and recommending approval of the Tentative Tract Map 15993, and found that it adequately discusses the environmental effects of the proposed project. On the basis of the initial study and comments received during the public hearing process, the Planning Commission finds that there will not be a significant effect as a result of the project. 2 3 4 s 6 7 s 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 2$ 26 27 2s 29 • • Resolution No. 3781 Page 2 In addition, the Planning Commission finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Games Code. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 141h day of May, 2001. ALIE A. PONTIOUS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3781 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of May, 2001. ELIZABETH A. BINSACK Planning Commission Secretary • • COMMUNITY DEVELOPMENT DEPARTMENT NEGATIVE DECLARATION 300 Centennial Way, Tustin, CA 92780 (714) 573 -3100 Project Title: Tentative Tract Map 15993, Design Review 00 -046, Hill Side Review 00 -001, and Administrative Adjustment 01 -001 Project Location: Citywide Project Description: A request for development of twenty -two (22) estate - density residential units and architectural design of three models for Phase III of Tustin Ranch Estates and Administrative Adjustment 01- 001 for an increase in the permitted height of entry walls and pilasters to a maximum height of nine (9) feet. Project Proponent: City of Tustin, 300 Centennial Way, Tustin, CA 92780 Lead Agency Contact Person: Minoo Ashabi Telephone: (714) 573 -3174 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: ® That there is no substantial evidence that the project may have a significant effect on the environment. ❑ That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON May 1�4, 2001. Date Elizabeth A. Binsack Community Development Director INITIAL STUDY A. BACKGROUND • • COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573 -3100 Project Title: Tract 15993, Phase III Tustin Ranch Estates Development Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi Phone: 714/573 -3126 Project Location: Sector 4 of East Tustin Specific Plan Project Sponsor's Name and Address: Thom Olson Standard Pacific Homes of Orange County 15326 Alton Parkway Irvine, CA 92618 General Plan Designation: Planned Community Residential Zoning. Designation: Planned Community Residential East Tustin Specific Plan (ETSP) Project Description: Construction of twenty -two (22) single family residences Surrounding Uses: North: Residential and Peters Canyon Regional Park East: Residential South: Residential West: Residential Other public agencies whose approval is required ❑ Orange County Fire Authority ❑ City of Irvine ❑ Orange County Health Care Agency ❑ City of Santa Ana ❑ South Coast Air Quality Management ❑ Orange County District EMA ❑ Other B. ENVIRONMENTAL FAVORS POTENTIALLY AFFECT 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 ❑Population and Housing ❑Geological Problems ❑Water ❑Air Quality ❑Transportation & Circulation ❑Biological Resources ❑Energy and Mineral Resources C. DETERMINATION: On the basis of this initial evaluation: ❑Hazards ❑Noise ❑Public Services ❑Utilities and Service Systems ❑Aesthetics ❑Cultural Resources ❑Recreation ❑Mandatory Findings of Significance ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® 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 the mitigation measures described on an attached sheet have been added to the project. -A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have d significant effect on the environment, and an ENVIRONMENTAL IMPACT 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 revisions 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. Prep�areer: Min/oo �Ashabi // Title Associate Planner / i, �, z l(lAirt/1rLr+. Date April, 25, 2001 Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IWACTS Directions 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact "answer should be explained where it is based on project - specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2) All answers must take into account the whole action involved, including off -site, on -site, cumulative project level, indirect, direct, construction, and operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, and EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross - referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EVALUATION OF ENVIRONMENIOMPACTS I. AESTHETICS— Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland,. or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? • ❑ Less Than ❑ ❑ Significant ❑ Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ • IV. BIOLOGICAL RESOURCES: -Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, veinal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: • ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ Less Than ❑ ❑ Significant ® Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ IE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ • Oess Than ❑ Significant ❑ Potentially With Less Than ❑ Significant Mitigation Significant ❑ Impact Incorporation Impact No Impact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result insubstantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewer s are not available for the disposal of waste water? VILHAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ • g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: — Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING — Would the project: a) Physically divide an established community? • ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ID ❑ ® ❑ ❑ ❑ Less Than ❑ ID Significant ❑ Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ID ❑ ® ❑ ❑ ❑ ❑ ❑ ID ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ • b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES —Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE Would the project result in a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XILPOPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? • ❑ Less Than ❑ ❑ Significant ® Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ri c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result insubstantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV.TRANSPORTATION/TRAFFIC — Would the project a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ • ❑ ❑ Less Than ❑ ❑ Significant ❑ Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IK ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ Cl ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IK ❑ Cl ❑ ❑ ❑ ❑ • g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively 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)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? • ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Less Than ❑ Significant ❑ Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IK ❑ ❑ ❑ • • ATTACHMENT A TIERED INITIAL STUDY TENTATIVE TRACT MAP 15993, DESIGN REVIEW 00 -46, HILLSIDE REVIEW 00 -001, ADMINISTRATIVE ADJUSTMENT 01 -001 (STANDARD PACIFIC HOMES) BACKGROUND The applicant, Standard Pacific Homes, is requesting approval to construct twenty-rwo (22) single family detached residential units on an 18.95 -acre site that was previously approved for subdivision of sixteen (16) units and an equestrian center (Tentative Tract Map 14396). In accordance with the East Tustin Specific Plan (ETSP) Estate Residential development, a maximum of thirty-seven (37) units may be constructed on this site based on a two (2) units per acre ratio. The applicant has revised the original Tentative Tract Map 14396 to eliminate the equestrian center and include six (6) additional residential units. The request also includes an increase in the height of pilasters at the entrance to the site. The proposed development is located within Sector 4 of the ETSP to the west of Peters Canyon Road. The site is bordered by Peters Canyon Regional Park to the north, existing single - family homes on the east and south, and single - family homes within the County of Orange jurisdiction on the west. Rough grading, erosion control, and tree clearing of the site have been started in accordance with the approved Tentative Tract Map 14396. 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) designate the project site as Estate Density Residential (E), which authorizes single- family development at a maximum density of two (2) dwelling units per gross acre. The proposed density is 1.162 units per acre. On August 17, 1998, Addendum 7 of EIR 85 -2 was approved for the subdivision and site development of the property. This document is a tiered initial study for residential pad development of the site. The tiered initial study is evaluating the construction of twenty -two (22) home sites and incorporates, by reference, the environmental analysis included in EIR 85 -2 for the ETSP (certified on March 17, 1986) and subsequently amended by Addendum 7. In conformance with CEQA, the purpose of this tiered initial study is to identify and focus the environmental analysis for the project on significant new environmental impacts that were not previously considered in the Program EIR or Addendum 7. 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. Mitigation 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 insignificance with the imposition of mitigation measures. Each of these impact categories was analyzed 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 or Addendum 7 and cannot be mitigated to a level of insignificance. AESTHETICS Items a -d "Potentially Significant Unless Mitigated": The project consists of the development of twenty-two (22) single - family detached dwellings at a density of 1.162 dwelling units per acre. Three different floor plans are proposed which range in size from 4,430 square feet to 5,007 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. Attachment A • Evaluation of Environmental Imp cts TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 2 In conjunction with the approval for Tentative Tract Map 14396, Hillside Review 96 -002, and Design Review 96 -054, the impact to existing eucalyptus trees and coastal sage scrub was addressed. The property is enrolled in the State of California Resources Agency Natural Community Coastal Plan (NCCP); however, the site lies outside the reserved area. A Eucalyptus Preservation Plan is being implemented in accordance with the recommendations of the Reforestation Plan prepared by the Urban Forestry Consultants dated December 1990 and updated July 1996 and April 2001. With construction of Phase 1 of Tract 14396 (Tract 15563) and Phase 1I (Tract 16184), reforestation has been implemented either by incorporation within the open space areas or home pads. The reforestation associated with this phase would be included in the open space common areas. There are approximately 4,517 eucalyptus trees preserved within Tract 15993, and 1,500 additional trees (i.e., California Pepper tree, and Sycamore trees) would be planted with this phase of the project. The applicant is proposing to retain natural areas within the development. Mitigation measures are necessary to reduce potential adverse aesthetics impacts associated with the natural open space areas to adjacent properties and public rights -of -way. MitieatioWMonitorin2 Required: I) Prior to issuance of building permits, the applicant shall submit a detailed landscaping plan for review and approval by the Community Development Department, with enhanced "natural landscaping areas" including additional trees and shrubs to minimize the weedy appearance of natural vegetation in the areas visible from Peters Canyon Road. Revegetation of landscaping materials shall be provided on graded and cut/fill areas where structures or improvements are not considered with consideration given to the use of drought - tolerant plant materials. 2) A note shall be placed on the grading plan stating that all terrace drains and down drains shall be tinted with a permanent earthtone pigment prior to pouring. 3) Consistent with the Tree Preservation Survey Plan prepared by Integrated Urban Forestry, Inc., dated April 2001, a total of 4,517 eucalyptus trees shall be preserved within Tract 15593, consistent with Tentative Tract Map 14396. In addition, a minimum of 1,500 additional trees (Sycamore and California Pepper trees) shall be planted within Tract 15993 to enhance the open space areas. A final certification of the number of trees preserved and installed within Tracts 15563, 16184, and 15993 shall be submitted upon completion of the project prior to final inspection of the landscaped areas of Tentative Tract 15993. If less than 20,000 trees are identified, the applicant shall install additional trees in Tract 15993 to equal 20,000 trees as required for Master Tract 14396 containing Tracts 15563, 16184, and 15993. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan II. AGRICULTURE Items a - c - "No Impacts ": The site is currently vacant and undeveloped; development will not convert farmland, conflict with existing zoning for agricultural use, or cause changes to the environment resulting in conversion of farmland to non - agricultural use. Attachment A is Evaluation of Environmental Impacts TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 3 III. AIR QUALITY Item a b, and c - Potentially Significant Unless Mitigated ": 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 85 -2 or Addendum 7. However, Program EIR 85 -2 and Addendum 7 required project level mitigation which is incorporated by reference and included below. Items d and e - "No Impacts ": The development will not expose sensitive receptors to substantial pollutant concentrations or create objectionable odors affecting a substantial number of people. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigation/Monitoring Required: 1) Construction activity dust generation shall be reduced through regular watering as required by SCAQMD Rule 403. The applicant shall comply with all City policies regarding short- term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour that will be monitored by the Building Division when construction commences. IV. BIOLOGICAL RESOURCES Items a, b, d, a and f— "Potentially Significant Unless Mitigated ": A rough grading and erosion control permit has been issued for the project site in accordance with the approvals for Tentative Tract Map 14396, Hillside Review 96 -002, and Design Review 96 -054. 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. 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 or Addendum 7. The descriptions in the ETSP for Sectors 4 and 5 establish a policy to develop a Eucalyptus Grove Preservation Plan. Planning Commission Resolution No. 2603 approving Tract 13627 was adopted in May 1989 to require that a Eucalyptus Preservation Plan be prepared to identify where preservation is feasible and techniques for revegetation of the Eucalyptus grove. In December 1990, Urban Forestry Consultants prepared such a report. This report was updated in 1996 to reflect the approved site development under Tentative Tract Map 14396, Hillside Review 96 -002, and Design Review 96 -054. Design Review 96 -054 required the 20,000 trees contained within the project site to be either preserved or replaced at a one -to -one replacement ratio. This requirement has been implemented during Phase I and Phase II and applicable to this phase of the project. No additional impacts to biological resources are associated with pad development on the site. The City of Tustin is a participant in the State of California Resources Agency's Natural Community Conservation Plan (NCCP), which was adopted to protect and manage natural habitat supporting a broad range of plant and animal populations that are found within the region. Coastal sage scrub has been identified within the site on the hillside slopes. However, the property is not located within the Attachment A • • Evaluation of Environmental Impacts TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 4 Reserve System, as defined by the NCCP approved by the U.S. Fish and Wildlife Service on July 16, 1996. Since the property is not located within the Reserve System, removal of coastal sage scrub from this property is authorized under a permit to The Irvine Company as a participating landowner in the NCCP Program. No additional impacts are associated with pad development of the site. The mitigation measures are included to alleviate the impacts associated with development and removal of the native eucalyptus trees for development. Sources: Field Verification Submitted Plans Tustin City Code Certified FIR 85 -2, as amended East Tustin Specific Plan MitipatiomMonitorinp Required: 1) Consistent with the Tree Preservation Survey Plan prepared by Integrated Urban Forestry, Inc., dated April 2001, a total of 4,517 eucalyptus trees shall be preserved within Tract 15593, consistent with Tentative Tract Map 14396. In addition, a minimum of 1,500 additional trees (Sycamore and California Pepper trees) shall be planted within Tract 15993 to enhance the open space areas. A final certification of the number of trees preserved and installed within Tracts 15563, 16184, and 15993 shall be submitted upon completion of the project prior to final inspection of the landscaped areas of Tentative Tract 15993. If less than 20,000 trees are identified, the applicant shall install additional trees in Tract 15993 to equal 20,000 trees as required for Master Tract 14396 containing Tracts 15563, 16184, and 15993. 2) All conditions of approval related to mitigation measures identified in the Tree Survey and Analysis, for Sector 4 and 5 of East Tustin Specific Plan, prepared by Integrated Urban Forestry, December 1990 and updated July 1997, shall be implemented and incorporated in the landscaping plans. The reforestation plan for the entire site (previously approved as Master Tract 14396 and subsequently divided into three phases of Tract 15563, 16184, and 15993 shall contain a minimum of 20,000 trees to replace the previously existing 20,000 trees on the site. Item c.- "No Impact ": The project is located on a site with no wetlands and no close proximity to any body of water. As such, the development would not affect federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. V. CULTURAL RESOURCES Item a, b,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. EIR 85 -2 and Addendum 7 for Tract 14396 identified impacts related to archaeological resources related to the proposed development and the resultant negative effects to cultural resources. Pad development for the project will not create additional impacts other than those previously identified in the Program EIR and Addendum 7 as this project is not within an area identified as an archaeological site. Sources. Field Verification Submitted Plans Attachment A Evaluation of Environmental Impacts • TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 5 Certified EIR 85 -2, as amended East Tustin Specific Plan. Mitigation/Monitoring: None Required VI. GEOLOGY AND SOILS Items (a) iv, (b), (c) and (d) - "Potentially Significant Unless Mitigated ": The site contains moderate natural slopes that vary from 10 to 27 percent; however, most of the sloped areas would be preserved. The site would be graded so that the home sites are relatively flat and pad elevations vary from approximately 330 feet at the lowest home pad to approximate 350 feet at the highest home pad. The hillside areas range from approximately 310 feet at the lowest point to approximately 385 feet at the highest point. The tentative tract plan, has been designed in accordance with the criteria and guidelines for the Hillside District established in Section 10.0 of the City's Grading Manual. Generally, these guidelines require the grading to blend with the natural topography, create undulating topography on man -made slopes, and preserve the integrity and character of the natural environment. The roadways throughout the project conform to the existing topography and ascend and descend with the slopes, varying in gradient thereby providing open slope area and complimentary building pad locations The builder would be required to execute a slope warranty agreement with the City pursuant to the Grading Manual. This Agreement would cover all manufactured slopes equal to or greater than five feet in vertical height, with an average slope of at least 25 percent, and designates the developer and/or the future Homeowners' Association as solely responsible for making emergency repairs on any failed slopes that may occur during the first three years. After that, it would be the responsibility of the actual property owner to repair any failed slopes. 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 construction of proposed residential structures will not create additional impacts other than those previously identified to the site and topography in the Program EIR 85 -2 and Addendum 7. 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. Mitigation/Monitoring: Prior to issuance of grading permits, 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. 2) The applicant shall submit a grading plan subject to approval by the Department of Community Development delineating the following information: Methods of drainage in accordance with all applicable City standards. Attachment A • Evaluation of Environmental Impacts TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 6 2. A drainage plan and necessary support documents, such as hydrology calculations, to comply with the following requirements: a. Elimination of any sheet flow and ponding. b. Provision of drainage facilities to protect the lots from any high velocity scouring action. 3) The grading plan should include the 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. 4) A note shall be placed on the plans that a qualified paleontologist/archaeologist, as appropriate, shall be present during rough grading operations. If resources 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 pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. 5) 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. 6) Grading of the hillside areas shall be consistent with the East Tustin Specific Plan Hillside District, Tustin Grading Ordinance and Grading Manual. 7) Cut and fill slopes in excess of 200 feet in length should have curvilinear configurations consistent with recommendations of the soils engineer and engineering geologist. The bank and /or top of slope shall be curved in a convex or concave manner to provide a variety of slope ratios. 8) A variety of slope ratios and horizontal radii shall be used to blend manufactured slopes into the adjoining natural terrain to provide adequate transition and to avoid abrupt changes between manufactured and natural slope banks. At intersections of manufactured and natural slopes, a gradual transition or rounding of contours with a minimum radius compatible with the existing natural terrain shall be provided. 9) Prior to issuance of a rough grading permit on the site, the subdivider shall execute and implement a Slope Repair Agreement as required by the City's Grading Manual for new proposed slopes and slopes currently covered under the Slope Repair Agreement for Tract 13627 subject to review and approval of the City Attorney and Community Development Department. Item (a) i, ii, iii, and e - "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 Manual Attachment A Evaluation of Environmental Impacts TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 7 EIR 85 -2, as amended East Tustin Specific Plan VII. HAZARDS AND HAZARDOUS MATERIALS Items a, b, d, e, (and g - "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. Items c and h - "Potentially Significant Unless Mitigated ": Landscaping is proposed for the manufactured slopes consistent with the City's Grading Manual. The Orange County Fire Authority is requiring a fuel modification plan for the natural and landscaped areas to protect the future residents from wildfires. Primarily, the fuel modification plan would require thinning and removal of dead native plant materials (i.e. trees, shrubs, and grasses). The fuel modification plan would also establish various planting zones within specified distances to the future residences, which would be planted and irrigated to provide a transition from the natural area to the future residence. 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 FIR 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 EIR or Addendum 7. Sources: Submitted Plans Uniform Building and Fire Codes Certified EIR 85 -2, as amended East Tustin Specific Plan Orange County Fire Authority MitigatiomMonitorink Required: I ) All construction shall comply with the applicable Uniform Building and Fire Codes. 2) Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by insufficient fire flow. 3) a) Prior to the issuance of any precise grading permit, the applicant shall obtain the approval of the Orange County Fire Authority, in consultation with the City staff, of a precise fuel modification plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. b) Prior to the issuance of a building permit, the developer shall have completed, under the supervision of the Orange County Fire Authority, that portion of the approved fuel modification plan determined to be necessary by the Orange County Fire Authority before the introduction of any combustible materials into the project area. Approval shall be subject to on -site inspection. c) Prior to the issuance of any certificate of use and occupancy, the fuel modification shall be installed and completed under the supervision of the Orange County Fire Authority. Further, the installed fuel modification plant pallet shall be established to a Attachment A • • Evaluation of Environmental Impacts TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 8 degree meeting the approval of the Orange County Fire Authority. The CC &Rs, or other approved documents, shall contain provisions for maintaining the fuel modification zones including the removal of all dead and dying vegetation subject to triennial inspections, or more often if deemed necessary. VIII. HYDROLOGY AND WATER QUALITY Items a, b, d, e, I, V, h, I and i - "No Impact ": 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. No additional impacts are anticipated. Mitigation measures identified in the Certified FIR 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 would be incorporated into the project as conditions of approval. The project has been reviewed and construction of residences and related structures may have the capacity to further erode surface water quality. Compliance with Regional Water Quality requirements and Best Management Practices are necessary to reduce potential impacts to a level of insignificance. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan Item c - "Potentially Significant Unless Mitigated" : The proposed project will alter the drainage pattern of the site. The open space and landscaped areas would contain a majority of the sloped areas. Terrace V- ditches would be installed throughout the site to direct the drainage away from the home sites and into extension of a private storm drain system previously installed for phase II of the project and connected to the public system at Peters Canyon Road. The sloped areas would be treated by native hydro -seed ground cover to minimize erosion and run -off into the storm drain. MitigationlMonitoring Required. 1) Prior to the recordation of the final map, the applicant shall submit for approval by the 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 BMPs and detailing implementation of BMPs not dependent on specific land uses. 2) Prior to recordation of the final map, the applicant shall post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to 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, an additional incremental deposit will be required. 3) All sloped areas should be planted and treated for erosion control in form of revegetation mats or hyroseed to minimize erosion and control run -off in accordance with the City's Grading Manual and subject to approval of the Community Development Department. Erosion Control measures shall be in place on all slopes steeper than 4:1 prior to planting as recommended by a soils engineer and landscape architect and approved by the Community Development Department. Plants selected and planting methods shall be Attachment A Evaluation of Environmental Impacts • TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 9 suitable for soil and climatic conditions and validated by a landscape architect and soils engineer. 4) Slopes required to be planted shall have a system of irrigation designed to cover all portions of slope after rough grading. 5) Prior to issuance of precise grading permits, the applicant shall submit a copy of the Notice of Intent coverage under the National Pollutant Discharge Elimination Source (NPDES) Statewide 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. LAND USE & PLANNING Items a. b - "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 Estate Density Residential Land Use Designation of the ETSP Land Use Plan with a maximum density not to exceed two (2) dwelling units per acre. The proposed project is a single - family detached product at a density of 1.162 dwelling units per acre consistent with the land use requirements that would allow up to two (2) units per acre. The proposed project would not alter existing or future land uses. The average lot size varies from (0.23 acre) 10,018 square feet to (0.28 acres) 12,196 square feet. The lot sizes exceed the minimum lot size of 8,000 square feet and the average lot size of 10,000 square feet in the Estate Density Residential District of the ETSP. The minimum lot width, which is measured at the building setback line of 20 feet, is approximately 80 feet, which meets the minimum standard. ETSP requires a minimum lot width of 70 feet with an average width of 90 feet. Items c - "Potentially Sipnifcant Unless Mittpated ": 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. With construction of the residential structures, measures are necessary to ensure compliance with the land use development standards of the East Tustin Specific Plan. 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 Affi tton/Monitoring Required: I) Prior to issuance of a building permit, the applicant shall submit a plan that demonstrates compliance with the guidelines and provisions of the ETSP, which address building height, building setbacks, parking requirements, and other site development standards. Attachment A • Evaluation of Environmental Im cts TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 10 X. MINERAL RESOURCES Items a, b - "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. The project was previously approved as Tract Map 14369 for development of sixteen (16) residential units. The perimeter of the project has not been significantly revised. In the certified EIR 85 -2 and amendments it was identified that 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. Sources: Submitted Plans Certified EIR 85 -2, as amended East Tustin Specific Plan Mitipation/MonitorinpReguired: None Required. XI. NOISE Item a ,b, and d "Potentially Significant [Unless Mitigated ": 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 and Tract 14369. Although the project has been reviewed and will not worsen impacts previously identified in the Program EIR or Addendum 7, adherence to the City's Noise Ordinance will be required during construction to reduce potential noise impacts to adjacent properties. 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 Mitigation/Monitoring Required. 1) All construction operations, including engine warm -up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. 2) Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. 3) All requirements of the City's Noise Ordinance shall be met at all times. Items c, e, and!— "No Impact ": Potential noise impacts were originally considered as part of certified EIR 85 -2 and Addendum 7 for Tract 14369. No additional impacts would result from pad development of the sites. Attachment A Evaluation of Environmental Impacts TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 1 I XH. POPULATION & HOUSING Items a, b, and c - "No Impact ": The proposed project would provide twenty-two (22) single - family detached dwelling units on the site at a density of 1.162 dwelling units per acre. The Estate Density designation would allow a maximum density of two (2) dwelling units per acre or a maximum of thirty-seven (37) units. The project will not create additional impacts other than those previously identified in the Program EIR or Addendum 7. Sources: Submitted Plans Certified EIR 85 -2, as amended East Tustin Specific Plan Mitipation/Monitorin,e Reguired. None Required. XHI. PUBLIC SERVICES Items a - e - "No Impact ": 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. The site may be approved for up to thirty-seven (37) units at a density of two (2) units per acre. Impacts to public services were originally considered as part of EIR 85 -2 and Tract 14369 for development of sixteen (16) units on this site. There are six (6) additional units with the proposal which is not significant to create additional impacts other than those previously identified in the Program EIR or Addendum 7. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigatio"onitoring Required: None Required. XIV. RECREATION Item a - "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 recreation. There are twenty -two (22) residential units proposed with this project. The project will not significantly increase the use of existing neighborhood and regional parks or other recreational facilities. Sources: Submitted Plans Addendum #7 of EIR 85 -2 Certified EIR 85 -2, as amended East Tustin Specific Plan. Item b - "Potentially Significant Unless Mitigated ": Section 2.8 of the East Tustin Specific Plan refers to the City's Park Ordinance (Ordinance No. 921) for park dedication that specifies for each 1,000 persons, three (3) acres of parkland shall be dedicated. The number of persons per unit in the Estate residential density is determined at 4.2 Attachment A 0 Evaluation of Environmental Im cts TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 12 persons per unit; therefore, for the entire Tustin Ranch Estates project that is proposed to contain 119 units, 1.5 acres of Parkland dedication would be required. The Initial Study and Addendum #7 to Final EIR 85 -2 prepared for Tract Map 14396, which anticipated a total of 113 units, refers to 1.423 acres of park dedication that was previously dedicated as part of Tract 13627 to satisfy the parkland required by the ETSP. This number is 3,354 square feet deficient from previously applied dedication. Mitination/Monitorine Required: 1) The developer shall submit the park dedication fee for the difference in park land dedication required between the 1.423 acres based on 113 units approved by Tentative Tract Map 14396 and 1.5 acres based on 119 units proposed by Tentative Tract Map 15993 (3,354 square feet) in accordance with the Tustin City Code Section 9331 and Section 2.8 of the East Tustin Specific Plan. Prior to recordation of the final map, the dedicated land or in -lieu fee, which would be determined based upon the fair market value of the amount of land shall be submitted. Fair market value of the land shall be determined by a Master Appraisal Institute (MAI) appraiser acceptable to the City and at the expense of the developer. The determination shall consider the value of a buildable acre of land at the time the final map is to be recorded. All park land dedication and/or fees shall be submitted prior to issuance of building permits and recordation of the final map and according to Section 9331 of the Tustin City Code. XV. TRANSPORTATION & CIRCULATION Item a - "Potentially Significant Unless Mitigated ": The proposed single- family residential project is within the density range permitted by the ETSP. The impacts from the project were previously addressed in certified FIR 85 -2 and Addendum 7. The vehicular circulation on the site is provided by three roads that connect to the main -road entrance at an intersection approximately fifteen (15) feet from peters Canyon Road. The northerly road (Tumleaf Lane) is thirty-six (36) feet in width and provides access to thirteen (13) units with street parking on both sides. The southern portion of Tumleaf Lane and Silverado Terrace to the west are thirty -two (32) feet in width and provide access to the remaining nine (9) units with street parking on one side. The ETSP requires three (3) enclosed garage spaces and two (2) guest spaces per unit. Guest parking spaces are provided on private streets of the site. The project will include a sidewalk on one side to separate pedestrian circulation. Phases I and II of the project were developed without sidewalks to create a rural environment. The proposed residences in Phase III are smaller in size and lot size in relation to the previous phases. Considering the small number of the homes, the project will not generate significant pedestrian traffic, and construction of the sidewalk on one side would accommodate separation of pedestrian and vehicular traffic. Items b-g - "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 pattems of circulation or movement of people and/or goods. Site design deviations are not significant within this phase of the project, since a sidewalk would be installed and the streets are designed with minor curves and relatively flat. No additional impacts to the circulation pattern of the area in general would occur beyond those identified in the Program EIR. Mitigation measures were identified in EIR 85 -2. This proposal has incorporated those measures related to transportation and circulation Attachment A • • Evaluation of Environmental Impacts TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 13 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 MitipatiomMonitorinp Required: I) Forty four -(44) on -site guest parking spaces shall be provided on private streets at a rate of two (2) spaces per unit within a reasonable distance to the unit served. 2) A five -foot sidewalk shall be installed on one side of the private roads in accordance with the City's Private Improvement Standards subject to final approval of the Building Official and the City's Traffic Engineer. XVI. UTILITIES & SERVICE SYSTEMS Items a -g - "No Impact": The project will increase the demand for utilities. The program EIR was prepared for higher density at this site. 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 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 FIR 85 -2, as amended East Tustin Specific Plan Orange County Sanitation District Mitigation/Monitoring Required: I) Prior to issuance of a building permit, the applicant shall submit plans demonstrating compliance with the Energy Conservation Standards set forth in Title 24 of the California Administrative Code. Energy conservation techniques shall be considered, and insulation of walls, ceiling and floors be required, and energy efficient lighting shall be used. XVII. MANDATORY FINDINGS 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. Program EIR 85 -2 and Addendum 7 for Tract 14369 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 Attachment A • • Evaluation of Environmental Impacts TT 15993, DR 00 -046, HR 00 -001, AA 00 -001 Page 14 Mitiegtion/Monitorine Required: None required. ma:Negative Dec \tract 15993 -phase III 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 • • RESOLUTION NO. 3782 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 15993 TO SUBDIVIDE AN 18.95 ACRE LOT INTO TWENTY -TWO (22) NUMBERED LOTS AND FOURTEEN (14) LETTERED PARCELS FOR DEVELOPMENT OF TWENTY -TWO ESTATE DENSITY RESIDENCES. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Tentative Tract Map No. 15993 was submitted by Standard Pacific Homes requesting subdivision of an 18.95 -acre site into twenty -two (22) numbered lots and fourteen (14) lettered lots for development of twenty -two (22) residential units; B. That a public hearing was duly called, noticed and held for said map on May 14, 2001, by the Planning Commission; C. That the proposed subdivision is in conformance with the Tustin Area General Plan, East Tustin Specific Plan, State Subdivision Map Act and the City's Subdivision Code; D. That 1.5 acres of parkland required for this development has been partially dedicated by 1.4238 acres of parkland previously dedicated with recordation of Tract 13627. Additional parkland dedication or in lieu fees will be provided, as conditioned; E. 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 Tentative Tract 15993 on School District facilities, and changes in State law. The impacts associated with this approval on School District Facilities are adequately addressed; F. That the site is physically suitable for the type of development proposed; G. That the site is physically suitable for the proposed density of development; H. 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 5 6 7 s 9 to 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 • 0 Exhibit — A, PC Resolution No. 3782 Tentative Tract Map 15993 May 14, 2001 Page 2 That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications of right -of -way to accommodate a four (4) foot wide sidewalk and curb ramp at the intersection of Street A and Peters Canyon Road may be necessary for compliance with the requirements of ADA. J. That the design of the subdivision would require dedication of a sanitary sewer easement to the Orange County Sanitation District to support development of the proposed residential units. K. That a Final Negative Declaration for Tentative Tract Map 15993 has been considered and recommended for approval by the City Council in conformance with the requirements of the California Environmental Quality Act. II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 15993 to subdivide a 18.95 acre parcel into twenty -two (22) numbered lots and fourteen (14) lettered lots for development of twenty -two (22) estate homes, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14th day of May, 2001. 1�1 LE LIE A. PON IOUS Chairperson LIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ` ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3782 duly passed and adopted at a regular meeting of the Tustin Plannin Commission, held on the 14 day of May, 2001. ELIZABETH A. BINSACK Planning Commission Secretary • • EXHIBIT A - TENTATIVE TRACT MAP 15993 RESOLUTION NO. 3782 CONDITIONS OF APPROVAL (1) 1.1 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 9335.08 of the Tustin Municipal Code. (1) 1.2 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, the East Tustin Specific Plan and Development Agreement (and amendments thereto), EIR 85 -2, and applicable conditions for Tentative Tract Map 13627. (5) 1.3 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. (1) 1.4 Prior to final map approval, the subdivider shall submit: A. A current title report; and, B. A duplicate mylar of the Final Map, or 8' /z inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance. (1) 1.5 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. (1) 1.6 For development of project described in Design Review 00 -046, Hillside Review 00 -001 and Administrative Adjustment 01 -001, all conditions of approval shall be complied with as shown on Exhibit A attached to Resolution No. 3787 and incorporated herein by reference. SOURCE COD S (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODE /S (7) (4) DESIGN REVIEW EXCEPTION RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC /CC POLICY • • Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 2 (1) 1.7 All conditions of approval for Tentative Tract Map 14396, except as set forth with this resolution, are applicable and incorporated herein by reference. (`) 2.1 The intersection of "A" Street with Peters Canyon Road will necessitate modifying the existing Regional Riding and Hiking Trails at this location. All modifications to the trails will need to be coordinated with the County of Orange, Harbors, Beaches, and Parks. All modifications to the existing irrigation and landscaping adjacent to the trails at this location will need to be coordinated with the City of Tustin. A separate twenty -four inches by thirty -six inches (24" X 36 ") irrigation and landscape modification plan shall be submitted to the City of Tustin Engineering Division for review and approval. The applicant shall provide written approval from the County of Orange Harbors, Beaches and Parks to the City approving the modifications to the Regional Riding and Hiking Trails along with allowing "A" Street to extend over their 28 -foot wide strip of property. (`) 2.2 Construction of curb ramps meeting current Federal Americans with Disabilities Act (ADA) requirements will be required at the intersection of "A" Street and Peters Canyon Road. In the event these curb ramps cannot be constructed within the existing street right -of -way of Peters Canyon Road, the developer will need to acquire the additional right -of- way from the County of Orange and dedicate it to the City of Tustin. (`) 2.3 Dedication of all required sanitary sewer easements to the Orange County Sanitation District will be required prior to or concurrently with the recordation of Final Tract Map 15993. (1) 2.4 Landscape maintenance of all common lots shall be the responsibility of the Homeowners Association. (1) 2.5 A separate twenty -four inches by thirty -six inches (24" x 36 ") street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right -of- way. Construction and /or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: • Curb and gutter; • Sidewalk, including curb ramps for the physically disabled; • Street paving; Catch basins /storm drain laterals /connection to existing storm drain system; • Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 3 • Domestic water facilities; • Reclaimed water facilities; • Sanitary sewer facilities; Landscape /irrigation; and, Underground utility connections. • In addition, a twenty -four inch by thirty -six inch (24" x 36 ") reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (1) 2.6 Preparation of plans for and construction of: • 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 the standards of the Irvine Ranch Water District and /or Orange County Sanitation District No. 7, whichever is applicable at the time of plan preparation. • A domestic water system must be designed and installed to the standards of the Irvine Ranch Water District or City of Tustin Water Operations, 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 laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District. (1) 2.7 A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. (1) 2.8 The developer may be required to execute a drainage agreement with the City to accept drainage from the public right -of -way which will flow onto the private streets and into the private storm drain system. This drainage agreement must be recorded prior to, or concurrently with recordation of the final map. (1) 2.9 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract and /or issuance of a Certificate of Occupancy for the first unit completed on any parcel within the subdivision. Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 4 (1) 2.10 Prior to any work in the public right -of -way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. (1) 2.11 The subdivider shall satisfy dedication and /or reservation requirements as 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 locations by the City Engineer and other agencies. (1) 2.12 Subdivider's execution of a subdivision /monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer prior to recordation of the final map. (1) 2.13 The development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 2.14 The amount of acceptable security for construction of public improvements shall be 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) 2.15 All changes in existing curbs, gutters, sidewalks, and other public improvements shall be the responsibility of the subdivider. (1) 2.16 All proposed streets and drives shall be designed in substantially the same width and alignment as shown on the approved tentative map unless modified and approved by the Directors of Community Development and Public Works. Should a traffic hazard be found to exist in the future, a comprehensive traffic study shall be prepared. Additional traffic control devices such as signs, reflectors, and all way stops shall be installed if deemed necessary by the Community Development Department, at the expense of the developer or Homeowners Association. (1) 2.17 All streets shall be constructed in accordance with City requirements in terms of type and quality of materials used where practical. (1) 2.18 The developer shall submit a plan identifying prohibited parking areas including cul -de -sacs, curves and along entry streets. Signage and /or red curbing shall be installed where appropriate. • • Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 5 (5) 2.19 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 acceptable formats shall be Integraph DGN or AutoCad DWG file format, but in no case less than DXF file format. The City of Tustin CADD conventions shall be followed in preparing plans in CADD. These guidelines are available from the Engineering Division. 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. (1) 2.20 All horizontal and vertical intersection sight lines shall be provided with the per OCEMA Standard 1117 for all affected streets, since landscaping proposed along the parkway of all streets may significantly reduce the available sight distance for vehicles traveling along these streets. In addition, show the sight lines for the driveways which may be restricted due to adjacent on- street parking or the configuration or vertical alignment of the roadway. () 3.1 The developer shall submit the park dedication fee for the difference in park land dedication required between the 1.423 acres based on 113 units approved by Tentative Tract Map 14396 and 1.5 acres based on 119 units proposed by Tentative Tract Map 15993 (3,354 square feet) in accordance with the Tustin City Code Section 9331 and Section 2.8 of the East Tustin Specific Plan or demonstrate that this requirement has been met. Prior to recordation of the final map, the dedicated land or in- lieu fee, which would be determined based upon the fair market value of the amount of land shall be submitted. Fair market value of the land shall be determined by a Master Appraisal Institute (MAI) appraiser acceptable to the City and at the expense of the developer. The determination shall consider the value of a buildable acre of land at the time the final map is to be recorded. All park land dedication and /or fees shall be submitted prior to issuance of building permits and recordation of the final map and according to Section 9331 of the Tustin City Code. (5) 3.2 Prior to final map approval by the City Council, the subdivider shall execute a hold - harmless agreement and provide a Certificate of Insurance pursuant to Section 9325 of the Tustin City Code. • • Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 6 (') 3.3 The subdivider shall work with the Irvine Company and County of Orange to ensure dedication of a 60 foot wide easement for Lower Lake Drive between the northerly tract boundary and the Peters Canyon Road cul- de -sac, as required by Final Tract Map 13627 to the City of Tustin for street purposes. (1) 4.1 Prior to issuance of building permits or approval of the final map whichever is first, all organizational documents for the project 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 &Rs shall include, but not be limited to, the following provisions: A. The City shall be included as a party to the CC &Rs 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 &Rs. 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 (i.e., walks, sidewalks, trails) and open space areas. D. Membership in any Homeowners 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, consistent with the Tustin City Code and East Tustin Specific Plan. F. Maintenance standards shall be provided for applicable items listed in Section C above in CC &Rs. Examples of maintenance standards are shown below. All common area landscaping and private areas visible from any public way shall be properly maintained such that • • Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 7 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 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 sidewalks, driveways, and structures. 2. All private roadways, sidewalks and open space areas 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. 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. Homeowners 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 &Rs. 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 space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowners Association may adopt rules and regulations to authorize exceptions. There shall be no parking of any kind on driveways that are fewer than 19 feet in length. A total of 66 parking spaces shall be permanently maintained at a rate of three garage spaces per each dwelling unit. An additional minimum of 44 unassigned on- street guest spaces shall also be permanently provided on B. C and D Street. • 0 Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 8 J. Individual units shall not have separate external television and radio antennas. 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. K. All utility services serving the site shall be installed and maintained underground. L. The Association shall be required to file the names, addresses, and telephone numbers 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 the case of emergency or in those cases where the City has an interest in CC &R violations. M. Disclosure information related to aircraft noise impacting the subdivision as approved by the City of Tustin Community Development Department. N. The Association shall be responsible for establishing and following procedures for providing entry gate access to the public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. O. No amendment to alter, modify, terminate, or change the Homeowners Association's obligation to maintain the common areas and the project perimeter wall 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. P. Maintenance of Lots A through N shall be by the Homeowner's Association. Q. Disclosure to all future homeowners and purchasers of property that surrounding properties may be developed in accordance 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. • • Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 9 R. Maintenance of all slopes and drainage devices on individual lots within fenced yard areas shall be the responsibility of the individual property owner. S. Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement. T. 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. U. Disclosure to all future homeowners and purchasers of property that El Toro Marine Base may be developed with a commercial airport which may affect the project with aircraft overflights. V. Disclosure to all future homeowners and purchasers of property that any use of the individual residences for a business shall be subject to the City's requirements for a Home Occupation Permit. HOMFBUYFR NOTIFICATION (1) 6.1 Prior to issuance of Certificate of Occupancy: A. The subdivider shall submit a notification document to future homeowners of aircraft noise impacting the subdivision. A copy of the notification shall be provided to the Community Development Department prior to issuance of building permits. 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 school 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). (2) Advice to homebuyers that proposed school sites may never be constructed. • • Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 10 C. The developer shall provide the City with an information notice to future homeowners of lots that have aboveground utilities or structures (such as light standards and fire hydrants) located within a public utility easement identifying the type of structure and their locations. D. The developer shall provide the City with an information notice, as approved by the City Attorney, indicating that El Toro Marine Base may be developed with a commercial airport which may effect the project with aircraft overflights. E. The developer shall provide the City with an information notice, as approved by the City Attorney, indicating that any use of the individual residences for a business shall be subject to the City's requirements for a Home Occupation Permit. F. The developer shall provide the City with an information notice as approved by the City Attorney indicating that the pedestrian gates at the front entrance are required to remain unlocked. (1) 6.2 Subdivider shall notify all potential homebuyers of the following liens and Assessment/Maintenance Districts affecting the property: A. Reassessment District No. 95 -2. B. City of Tustin Landscaping and Lighting District as amended. C. That the project is located within a Mello Roos District. (1) 7.1 The applicant shall submit to the City of Tustin any additional CC &R Review fee required at the time of submittal. The CC &R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $150 per hour (or rate in effect at the time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning Staff is required. (1) 7.2 Within forty -eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHI R'S CHECK payable to the County Clerk in the amount of forty- three dollars ($43.00) 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 • • Exhibit A Tentative Tract Map 15993.- Conditions of Approval Resolution No. 3782 Page 11 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. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • 0 RESOLUTION NO. 3787 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 00 -046, HILLSIDE REVIEW 00 -001, AND ADMINISTRATIVE ADJUSTMENT 01 -001 FOR CONSTRUCTION OF TWENTY -TWO (22) RESIDENTIAL UNITS AND AN INCREASE IN HEIGHT OF PILASTERS AT THE SECONDARY ENTRANCE TO A MAXIMUM HEIGHT OF NINE (9) FEET. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper applications for Design Review 00 -046, Hillside Review 00 -001, and Administrative Adjustment 01 -001 were filed by Standard Pacific Homes requesting approval for development of 22 Estate (E) density single - family detached units and increase in height of pilasters at the secondary entrance to a maximum of nine (9) feet; B. The proposed project is consistent with the policies of the East Tustin Specific Plan and the General Plan land use designations "Planned Community Residential" which provides for policies and guidelines for planned residential development. In addition, the project has been reviewed for consistency with the Air Quality Sub - element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element; C. Pursuant to the East Tustin Specific Plan, an increase of twenty percent (20 %) in the maximum permitted height of a fence or wall of seven feet six inches (T -6 ") requires approval of an Administrative Adjustment that may be granted by the Community Development Director and has been deferred to the Planning Commission for consideration; D. That the Planning Commission considered the project on May 14, 2001; E. Pursuant to the East Tustin Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. Resolution 3787 Page 2 1 2 3 4 s 6 7 s 9. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 • • 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council; F. The proposed subdivision and development complies with the East Tustin Specific Plan land use designation and development standards for the project site; G. The proposed project will not have a negative effect on the surrounding properties or owners in that sufficient infrastructure will be developed to support the development such as roadways and utilities and the site layout and massing, scale, and architectural design of the proposed residences are compatible with the setting and similar to other residential tracts in the area; H. That pursuant to Section 3.13.2 of the East Tustin Specific Plan and Section 9299(C)(3) of the Tustin City Code, there are special circumstances regarding the size, configuration, topography and surroundings of the subject property in that the project site is located within the East Tustin Specific Plan Hillside District and comprised of steep slopes and grades. The increased height of the entry pilasters and fencing is necessary to ensure their effectiveness in directing access to the gated community given the sloped configuration of the entry area. Granting the adjustment would not be a grant of special privileges in that other properties in the vicinity with similar site constraints have been granted similar adjustments. Considering the width of the entrance, the proposed height of the gates and fencing would be appropriate; The Planning Commission finds that open access at secondary accesses should be preserved and maintained in accordance with the two initial phases of the project. Installation of locking devices to limit pedestrian access may considered by the City Council in Kfl:)1 3 0 conjunction with a comprehensive pedestrian access policy for the I 2 East Tustin Specific Plan area; and, 3 J. That the proposed grading is in compliance with the guidelines 4 noted in Section 2.13 of the East Tustin Specific Plan for Hillside development in that the grading of sloped areas has been designed 5 to blend with the natural character of the hillsides. 6 K. That Planning Commission has approved a Final Negative 7 Declaration for the project in conformance with the requirements of the California Environmental Quality Act. s 9 II. The Planning Commission hereby approves Design Review 00 -046, Hillside Review 00 -001, and Administrative Adjustment 01 -001 authorizing 10 development of twenty -two (22) Estate (E) density single - family detached units and an increase in the allowable height of seven feet six inches (T -6 ") to nine (9) feet for pilasters at the secondary entrance, subject to conditions 12 contained in Exhibit A attached hereto. 13 PASSED AND ADOPTED at a regular meeting of the Tustin Planning 14 Commission, held on the 14th day of May, 2001. 15 16 E LIE A. PON US 17 Chairperson 19 ELIZABETH A. BINSACK Planning Commission Secretary 20 21 STATE OF CALIFORNIA) 22 COUNTY OF ORANGE ) CITY OF TUSTIN ) 23 24 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that 25 Resolution No. 3787 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of May, 2001. 26 27 28 ELIZABETH A. B NSACK 29 Planning Commission Secretary • • EXHIBIT A — CONDITIONS OF APPROVAL DESIGN REVIEW 00 -046, HILLSIDE REVIEW 00 -001 AND ADMINISTRATIVE ADJUSTMENT 01 -001 MAY 14, 2001 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped May 14, 2001, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Design review 00 -046, Hillside Review 00 -001 and Administrative Adjustment 01 -001 will become null and void in the event that City Council does not approve Tentative Tract Map 15993. (1) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.5 Approval of Design Review 00 -046, Hillside Review 00 -001, and Administrative Adjustment 01 -001 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.6 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. 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 3787 Page 2 (') 1.7 Prior to issuance of building permits, Final Tract Map 15993 shall be recorded pursuant to the requirements of Resolution No. 3782. () 1.8 All conditions of approval of Resolution No. 3782 shall be complied with prior to issuance of building permits. (1) 1.9 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.10 The applicant shall be responsible and agrees to pay for costs associated with any necessary code enforcement action. PLANNING ( *) 2.1 All lot configurations and structures shall meet the Estate (E) residential density development standards as set forth in Section 3.6.3 (A2) of East Tustin Specific Plan (ETSP). (4) 2.2 Public information signs (trespassing, security, etc.) installed on fencing or other structures visible from public rights -of -way shall be designed with size, color, and materials that complement the design features of the development and neighborhood subject to review and approval of the Community Development Department. (4) 2.3 Temporary perimeter chain link or barbed wire fencing shall be removed by the applicant upon completion of the project. Masonry block walls and wrought iron fencing for the project shall be installed in accordance with the submitted site plan. Installation of perimeter and . interior fencing requires approval of the Community Development Department and obtaining a building permit. (6) 2.4 Prior to issuance of building permits, a detailed landscaping plan shall be submitted for review and approval which demonstrates compliance with Landscape and Irrigation Guidelines for enhanced "natural landscaping areas" with additional trees and shrubs to minimize the weedy appearance of natural vegetation in the areas visible from Peters Canyon Road and residential areas within the County of Orange. Graded and cut/fill areas where structures or improvements are not considered shall be replanted with consideration given to the use of drought tolerant plan materials. (2) 2.5 A note shall be placed on the grading plan stating that all terrace drains and down drains shall be tinted with a permanent earthtone pigment prior to pouring. Exhibit A • • Resolution 3787 Page 3 (2) 2.6 Consistent with the Tree Preservation Survey Plan prepared by Integrated Urban Forestry, Inc., dated April 2001, a total of 4,517 eucalyptus trees shall be preserved within Tract 15593, consistent with Tentative Tract Map 14396. In addition, a minimum of 1,500 additional trees (Sycamore and California Pepper trees) shall be planted within Tract 15993 to enhance the open space areas. A final certification of the number of trees preserved and installed within Tracts 15563, 16184, and 15993 shall be submitted upon completion of the project prior to final inspection of the landscaped areas of Tentative Tract 15993. If fewer than 20,000 trees are identified, the applicant shall install additional trees in Tract 15993 to equal 20,000 trees as required for Master Tract 14396 containing Tracts 15563, 16184, and 15993. (2) 2.7 All conditions of approval related to mitigation measures identified in the Tree Survey and Analysis, for Sector 4 and 5 of East Tustin Specific Plan, prepared by Integrated Urban Forestry, December 1990 and updated July 1997, shall be implemented and incorporated in the landscaping plans. The reforestation plan for the entire site (previously approved as Master Tract 14396 and subsequently divided into three phases of Tract 15563, 16184, and 15993 shall contain a minimum of 20,000 trees to replace the previously existing 20,000 trees on the site. (4) 2.8 Streets with street parking shall be designed with a minimum width of thirty - six (36) feet flow -line to flow -line for parking on two sides and thirty -two (32) feet flow -line to flow -line for parking on one side. A five -foot sidewalk shall be installed on one side of the private roads in accordance with the City's Private Improvement Standards subject to final approval of the Building Official and the City's Traffic Engineer. Forty four -(44) on -site guest parking spaces shall be provided on private streets at a rate of two (2) spaces per unit within a reasonable distance to the unit served. The location of these spaces shall be shown on the street improvement plans and subject to review and approval of Community Development Department. (1) 2.9 The applicant shall close and convert the model homes to occupancy within 90 days from the last home sale (deed recordation) of the same style home. (1) 2.10 Mechanical equipment such as, but not limited to, heater and filter units, pump units, air conditioning condensers and similar devices shall be screened from street view. (1) 2.11 Exterior elevations of the building shall indicate all exterior colors and finishes and any fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other roof penetrations shall be located a minimum of 6 inches below the top of parapets. Exhibit A • • Resolution 3787 Page 4 (1) 2.12 All exposed metal flashing or trim shall be painted to match building (1) 2.13 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at base of buildings. (1) 2.14 Provide exact details of all exterior door and window types, including, but not limited to, such details as frame color and glass tint. USE RESTRICTIONS (1) 3.1 The applicant shall disclose to the homebuyers that Plan 2 and 3 are designed with an independent studio /bedroom that would require recordation of a deed restriction to ensure that no portions of the detached portion of the residence would be used as a second unit. The applicant shall record a "Declaration of Use Restrictions" for Plan 2 and 3 models (Lots 1, 2, 4, 5, 6, 8, 9, 11, 12, 14, 15, 17, 18, 19, 20, and 22) to prevent the detached portion of the home from being used as a second unit prior to issuance of Certificate of Occupancy and recordation of the Final Map or whichever is first. The applicant shall submit a deed restriction for review and approval by the City Attorney and Community Development prior to recordation or whichever is first. ( ") 3.2 The Administrative Adjustment authorizes a twenty percent (20 %) increase in the overall height of the pilasters. Walls and pilasters at the entry gate shall be designed with a maximum height of nine (9) feet. ( ") 3.3 Open pedestrian access at the entrance from Peters Canyon Road to the site shall be provided at all times. Locking devices may be installed on pedestrian gates consistent with any future pedestrian access gate policy considered by the City Council. BUILDING (1) 4.1 Specifications at Building Permit plan check submittal shall reflect materials call -outs on all elevations with applicable details and notes added to comply with all applicable building codes and city ordinances. (3) 4.2 All new glass doors and windows, in or adjacent to doors, shall be tempered per UBC Section 2406.4. (1) 4.3 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, the street number shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less than four (4) inches in height and shall be of contrasting color to the background to which Exhibit A • Resolution 3787 Page 5 • they are attached and illuminated during hours of darkness (six inches in height for commercial). (1) 4.4 Indicate on the title sheet the applicable codes, City, State and Federal laws and regulations to include: • 1997 Uniform Building Code with California Amendments; • 1997 Uniform Mechanical and Plumbing Codes with California Amendments; • 1996 National Electrical Code with California Amendments; • City of Tustin Grading and Security Ordinance; • City of Tustin Landscaping and Irrigation Guidelines; and, • City of Tustin Private Improvements Standards. (3) 4.5 Prior to issuance of a building permit, the applicant shall submit plans demonstrating compliance with the Energy Conservation Standards set forth in Title 24 of the California Administrative Code. Energy conservation techniques shall be considered, and insulation of walls, ceiling, and floors be required, and energy efficient lighting shall be used. GRADING /GENERAL (1) 5.1 All sloped areas shall be planted and treated for erosion control in the form of revegetation mats or hydroseed to minimize erosion and control run -off immediately following completion of grading of each slope in accordance with the City's Grading Manual and subject to approval of the Community Development Department. Erosion control measures shall be in place on all slopes prior to planting as recommended by a soils engineer and landscape architect and approved by the Community Development Department. Plants selected and planting methods shall be suitable for soil and climatic conditions and validated by a landscape architect and soils engineer. (1) 5.2 Prior to issuance of grading permits, 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. (1) 5.3 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. ExhibitA • Resolution 3757 Page 6 2. A drainage plan and necessary support documents, such as hydrology calculations, to comply with the following requirements: a. Elimination of any sheet flow and ponding. b. Provision of drainage facilities to protect the lots from any high velocity scouring action. (1) 5.4 The grading plan should include the 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. (1) 5.5 A note shall be placed on the plans that a qualified paleontologist/archaeologist, as appropriate, shall be present during rough grading operations. If resources 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 pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. (1) 5.6 The applicant shall prepare a revised 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. (1) 5.7 Grading of the hillside areas shall be consistent with the East Tustin Specific Plan Hillside District, Tustin Grading Ordinance, and Grading Manual. (1) 5.8 Cut and fill slopes in excess of 200 feet in length should have curvilinear configurations consistent with recommendations of the soils engineer and engineering geologist. The bank and /or top of slope shall be curved in a convex or concave manner to provide a variety of slope ratios. (1) 5.9 A variety of slope ratios and horizontal radii shall be used to blend manufactured slopes into the adjoining natural terrain to provide adequate transition and to avoid abrupt changes between manufactured and natural slope banks. At intersections of manufactured and natural slopes, a gradual transition or rounding of contours with a minimum radius compatible with the existing natural terrain shall be provided. Exhibit A • • Resolution 3787 Page 7 (1) 5.10 Prior to issuance of a rough grading permit on the site, the subdivider shall execute and implement a Slope Repair Agreement as required by the City's Grading Manual for new proposed slopes and slopes currently covered under the Slope Repair Agreement for Tract 13627, subject to review and approval of the City Attorney and Community Development Department. (1) 5.11 Prior to issuance of grading permits, the applicant shall submit and obtain approval of the Community Development and Public Works Departments for a Water Quality Management Plan (WQMP) specifically for identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant run -off. This WQMP shall identify the: structural and non - structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long -term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. The property owner and applicant shall be responsible for implementing the provisions of the WQMP on an on -going permanent basis. (1) 5.12 Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent under the National Pollutant Discharge Elimination Source (NPDES) State General Permit for Construction Activities from the California Regional Water Control Board. Evidence that this has been obtained shall be submitted to the Building Official. (1) 5.13 A variety of best management practices shall be implemented during construction to prevent wastes or pollutants from moving off -site during a storm. Potential pollutants include, but are not limited to, paints, stains, sealants, glues, fuels, oils, lubricants, fertilizers, etc. Use and disposal of such materials shall occur in a specified and controlled temporary area on site, which is physically separated from potential storm water run -off, with ultimate disposal in accordance with local, State, and federal regulations. (1) 5.14 Earth, sand, gravel, stone, or other excavated materials or debris may not be deposited or moved so as to cause the same to be deposited upon or roll, blow, flow, or wash upon or over any public place or right -of -way or the premises of another without the express written consent of the owner. (1) 5.15 When loading or transporting any earth, sand, ground, rock, stone or other excavated material or debris, such material shall be prevented from blowing or spilling onto the public right -of -way or adjacent private property. The applicant shall be responsible for maintaining public right -of -way in a condition reasonably free of dust, earth, or debris attributed to the grading operation. If any debris deposited within the right -of -way or adjacent Exhibit A • • Resolution 3787 Page 8 property, the applicant shall be responsible for removing the material immediately. (1) 5.16 All slopes shall be planted and maintained by a system of irrigation designed to cover all portions of slope after rough grading. (1) 5.17 A note shall be provided on final plans that a six (6) foot -high chain linked fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 5.18 The applicant/construction project shall comply with all City policies regarding short term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. In addition, noise generated from construction activity shall comply with Tustin City Code, Noise Control, Chapter 6. Construction activity dust generation shall be reduced through regular watering as required by SCAQMD Rule 403. (1) 5.19 Submit twenty -four inch by thirty -six inch (24" x 36 ") street improvement plans showing all construction, which pertain to on- site /private streets. These plans must be prepared by a California Registered Civil Engineer and submitted to the Community Development Department for review and approval. (1) 5.20 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 5.21 The engineer of record must submit a letter of pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 5.22 Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on -site private Improvement Standards. (1) 5.23 All pavement "R" values shall be reviewed and approved by the Community Development Department in accordance with Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements. (1) 5.24 A surety /cash bond will be required to assure work is completed in accordance with approved plans. Bonds will be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. Exhibit A • • Resolution 3787 Page 9 (1) 5.25 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right -of -way along with delineating the following information: • Final street elevations at key locations; • Final pad /finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA; and, • All flood hazards of record. (1) . 5.26 Prior to issuance of grading permits, the subdivider shall post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to 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, an additional incremental deposit will be required. ORANGE COUNTY FIRE AUTHORITY (5) 6.1 FP1 Fire Hydrants A) Prior to the issuance of a building permit, the applicant shall submit to the Orange County Fire Authority 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 Orange County Fire Authority prior to issuance of a building permit. B) Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street or drive per the Orange County Fire Authority Standard as approved by the Orange County Fire Authority. These markers are to be maintained in good condition by the property owner. (5) 6.2 FP2 Water Availability Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by insufficient fire flow. Exhibit A • Resolution 3787 Page 10 (5) 6.3 FP4 Fire Access Roads A) Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of plans for all roads, streets, and courts, public or private, from the Orange County Fire Authority in consultation with the City staff. Proposed street parking will have to be evaluated after modifications are made to the island and neckdown issues. The plans shall include the plan view, sectional view, and indicate the grade and width of the street or court measured flow line to flow. line. All proposed fire apparatus turnarounds shall be approved by the Orange County Fire Authority, and if needed, clearly marked when a dead -end street exceeds 150 feet or when otherwise required. The cul -de -sacs shown must have a minimum inside turning radius of 17 feet and outside turning radius of 38 feet. Applicable CC &Rs, or other approved documents, shall contain provisions which prohibit obstructions such as speed bumps /humps, control gates, or other modifications within said easement or access road unless prior approval of the Orange County Fire Authority is granted. (5) 6.4 FP5 Street Markings A) Prior to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Orange County Fire Authority for fire lanes on required fire access roads less than 36 feet in width. 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 Orange County Fire Authority. B) Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC &Rs, or other approved documents, shall contain a fire lane map and provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. (5) 6.5 FP8 Fuel Modification A) Prior to the issuance of any precise grading permit, the applicant shall obtain the approval of the Orange County Fire Authority, in consultation with the City staff of a precise fuel modification plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. B) Prior to the issuance of a building permit, the developer shall have completed, under the supervision of the Orange County Fire Authority, that portion of the approved fuel modification plan determined to be Exhibit A • Resolution 3787 Page 11 necessary by the Orange County Fire Authority before the introduction of any combustible materials into the project area. Approval shall be subject to on -site inspection. C) Prior to the issuance of any certificate of use and occupancy, the fuel modification shall be installed and completed under the supervision of the Orange County Fire Authority. Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Orange County Fire Authority. The CC &R's, or other approved documents, shall contain provisions for maintaining the fuel modification zones including the removal of all dead and dying vegetation subject to triennial inspections. (5) 6.6 FP9 Access Gates Prior to the issuance of any grading permits, the applicant shall submit and obtain the Orange County Fire Authority's approval for the construction of any gate across required fire authority access roads /drives. The gate opening shall be at least 13 feet in width and allow at least 13 feet 6 inches of vertical clearance. Contact the Orange County Fire Authority at (714) 744 -0499 for a copy of the "Guidelines for Fire Authority Emergency Access." (5) 6.7 FP10 Combustible Construction Letter Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire - fighting purposes and the all weather fire protection access roads shall be in place and operational before any combustible material is placed on -site. Approval shall be subject to an on -site inspection prior to the issuance of a building permit. (5) 6.8 FP3 Automatic Fire Sprinkler Systems A) Prior to the issuance of a building permit, the applicant shall submit plans for a required automatic fire sprinkler system in any residential structure in excess of 5,500 square feet per ordinance or any structure out of the required 150 feet fire department access to the Orange County Fire Authority for review and approval. B) Prior to the issuance of a certificate of use and occupancy, this system shall be operational in a manner meeting the approval of the Orange County Fire Authority. Exhibit A • Resolution 3787 Page 12 FEES (1)(5) 7.1 Prior to issuance of any building permits, payment shall be made of all applicable 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. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $2,785.00 per unit that would increase to $2,847.00 effective July 1, 2001. d. Payment of water and sewer connection fees to the Irvine Ranch Water District. e. New development tax is $350.00 per unit. f. School facilities fee in the amount of $2.05 per square foot. g. Within forty -eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty -three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty - eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. 9 0 ATTACHMENT C OF CITY COUNCIL REPORT Tentative Tract Map 15993 p §5 s �L P R yi ii e�8 A sl K a §f il- - yf gg C i p9 sp *I jig vgg4 g6P i P o pi F. ¢e� R .Fif RAG,1�oA32 , 3 N ay0 G� Z'�V i 9 p� 0 . oh• N €i �1 I d i I _ ` 4 gg LD ` . ^v IIII I ii I Ivan( UYpgi �4 � .a EEaafi4 ep4 e° Y'9�a g �4�g4py�FYxe'pgip .Vl4 f4s� "�i EiE� t�$i98g�y�E�§pCi °(igbiee'sio,'s!g6 yy{Eg f$Eii¢iBeeEig ��I i61,111 Tel =h a § n vq5@ pp pppp pp pq pppp 4Yp4g44y44pMY4pp14pYp4 '° Hl �44�F� l�EBi�d��1d993��6d�99Q�481d9 g 797 °7e 973 .7.9.7: 79993:9:9 =.••.',`.':: 4 9 i 04 ¢ Y 9 I M1¢ i it . z' I I ^4 ¢o e N$ I N a . I �7 If N a \mJ w � 1 a� R g 1';. AYI fl r 'il �7AT$yiyl. � � yi BSI � 5�54 Y¢c '41 fI] C I E K R ee g 1;. I, 19 ,'E%i'lll'I E f! 1 ie �a �ia I N a . I �7 If N a \mJ w I � i � 1 a� R g 1';. AYI fl -!p' II 1! All 'il �7AT$yiyl. � � yi BSI � 5�54 Y¢c '41 fI] C I E K R ee g 1;. I, 19 ,'E%i'lll'I E f! aE i �ia T e9Y i i ,x,1,1 g $ I I I W I � VA i �1 as J pllYl J� ` ^r'I III O ZO v 111 � ° Z /f\ V/ III p III M yl III f i1i1 Q Qr ♦III �lI U U V X1,111 0 0 0008 w III � Iii � UGO p E 9 -u.il 14 I � i � 1 a� g 1';. AYI fl -!p' II 1! All 'il �7AT$yiyl. � � yi BSI � 5�54 Y¢c '41 fI] C I E K R ee g 1;. I, 19 ,'E%i'lll'I E f! aE i e9Y i i ,x,1,1 g $ 0 0 ATTACHMENT D OF CITY COUNCIL REPORT Resolution Nos. 01 -52 and 01 -53