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HomeMy WebLinkAbout01 VESTING TENTATIVE TRACT MAP 14797GENDLs NO 1 10 3 -17 -97 C: DATE. MARCH 17, 1997 TO' WILLIAM A HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT Inter -Corn ADOPTED RESOILLmON \!O. 9779 SUBJECT VESTING TENTATIVE TRACT MAP 14797 (CATELLUS) SUMMARY. Vesting Tentative Tract Map 14797 is a request to subdivide a 29 47 acre site, located at the northwesterly corner of Jamboree Road and Pioneer Road, to accommodate the development of 122 single-family detached dwellings. On February 24, 1997, the Planning Commission recommended that the City Council approve Vesting Tentative Tract Map 14797 by adopting Resolution No. 3516 (Attachment D) and approved the site, conceptual grading and architectural development plans for the project. Applicant: Catellus Residential Group Owner The Irvine Company RECOMMENDATION That the City Council 1 Adopt Resolution No 97 -18 approving the environmental determination for the project; and 2 Adopt Resolution No 97 -19 approving Vesting Tentative Tract Map 14797 FISCAL IMPACT The applicant has paid application fees to recover the cost of processing this application DISCUSSION The proposed project is a request to subdivide approximately 29 5 acres in the Hillside District, using the Cluster development standards of the East Tustin Specific Plan (ETSP), for the development of 122 single- family detached residential units • • City Council Report Vesting Tentative Tract Map 14797 March 17, 1997 Page 2 Site and Surrounding Properties The property is located at the northwest corner of Jamboree Road and Pioneer Road in Sector 2 of the ETSP, and is situated predominantly within the boundaries of the Hillside District, as defined in the ETSP The site is bordered by Peters Canyon Regional Park to the north and west Pioneer Road to the south and Jamboree Road to the east The north /south Peters Canyon Ridge is located along the westerly boundary of the property A 105 -foot wide water line easement traverses the central portion of the project site, parallel to Jamboree Road, containing several underground regional water transmission lines No structures may be developed within this easement Proiect Description and Site Plan The applicant proposes to subdivide the site into 122 numbered lots and 36 lettered lots The numbered lots are intended to provide individual ownership parcels for the construction of single- family homes The lettered lots delineate common ownership areas for the development and maintenance of private streets and drives open space areas, slope maintenance areas and infrastructure improvements The proposed density for this project is 4 1 units per gross acre, which falls below the maximum allowable density of 10 units per gross acre specified in the Sector 2 Policies of the ETSP for Lot 11 The minimum lot size proposed is 2,668 square feet, which exceeds the minimum lot size requirement of 2,400 square feet for cluster developments in the Medium Density Residential districts of the ETSP A portion of the water line easement will be developed as the entrance road to the subdivision ( "A" Street) The remainder (approximately 1 185 lineal feet) will be improved as passive greenbelt area with a paseo system Pursuant to the City's Grading Ordinance, the applicant shall be required to enter into a Slope Repair Agreement with the City This Agreement covers all man -made 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 future Homeowner's Association solely responsible, at least initially, for any future slope failures These slopes are highlighted in the attached Slope Warranty /View & Ridge Analysis map • • City Council Report Vesting Tentative Tract Map 14797 March 17, 1997 Page 3 Access and Circulation Access to the site is proposed via a single access route ( "A" Street) from Pioneer Road The tract entrance is aligned with the 56 -foot wide driveway of the Salvation Army complex across the street "A" Street connects to an internal roadway system consisting of private streets and private drives The backbone streets follow the contours of the Peters Canyon Ridge, as encouraged by the Hillside Guidelines of the Tustin Grading Manual "F" Street bisects the greenbelt to improve circulation within the subdivision Each of the interior streets has a 36 -foot wide pavement section to accommodate on- street parking on both sides, excluding cul -de -sac bulbs and curves The private drives have a 24 -foot curb to curb width with no parking permitted "A" Street is designed with a 30- foot radius turnaround and flared pavement section to accommodate an automatic entry gate and a call box with stacking for three vehicles The project includes a total of 124 on- street spaces Each unit will include a two -car garage and a full length driveway Architecture and Landscape Design The proposed plans include three building types All three are two - story, with heights ranging from 26 feet to 29 feet The three different floor plans range in size from 1 456 square feet with up to three bedrooms to 2 035 square feet with up to four bedrooms The architecture proposed is a contemporary interpretation of early California styles The building masses include multiple hip and gable roofs, multiple wall planes and entry porticos Additional architectural details include exposed wood rafters raised surrounds and trim, multiple -pane windows recessed windows and wrought iron grillework Plan 3 also features usable front and rear balconies All structures will have Mission "S" -tile roofs and all exterior walls will be stucco clad The conceptual landscape plan meets the requirements of the ETSP and is consistent with the City's landscape guidelines The proposed landscaping consists of a variety of evergreen and deciduous trees, shrubs, vines and ground covers intended to enhance the project and minimize visual impacts The project entry • • City Council Report Vesting Tentative Tract Map 14797 March 17 1997 Page 4 is highlighted by Olive Flowering Plum and Red Gum Eucalyptus trees The hillside backdrop will be enhanced with groupings of Coast Live Oak and California Pepper trees Various accent and street trees will be planted throughout the interior of the subdivision Coastal Sage Scrub has been identified within the site along the hillside slopes The removal of any Coastal Sage Scrub to accommodate development shall be subject to the regulations of the U S Fish and Wildlife Service An enhanced streetscape plan is proposed for the gated entrance to the subdivision, consisting of radiused accent walls enhanced paving and significant slope banks A rural style mailbox detail has been identified in the conceptual landscape plans In response to security concerns raised previously by the Planning Commission, all mailboxes located along the private streets are located behind the sidewalks The mailboxes located along the private drives, where no sidewalk is provided will be required to have openings face the interior of the properties instead of the street Cluster Development Standards Due to development constraints imposed by both the Hillside District and the water line easements, the applicant has designed the proposed subdivision in accordance with the Cluster Development standards of the East Tustin Specific Plan The primary intent of cluster development is to allow a concession from the minimum lot size requirement lot to create common, open space amenities to benefit the entire development A development using the Cluster Development standards allows for reductions in the minimum lot area, lot width and setbacks while retaining the same density standard of the underlying zoning district The Planning Commission made findings that attested to the project s conformance with the intent of the Cluster Development regulations In conformance with Cluster Development standards, the applicant has designated the water line easement area as a centralized open space area for the enjoyment of all the residents of the tract in the form of a passive greenbelt with pedestrian amenities In addition, the hillside backdrop of the site will be reserved as natural open space • • City Council Report Vesting Tentative Tract Map 14797 March 17, 1997 Page 5 HILLSIDE DISTRICT REGULATIONS The majority of the property is located within the Hillside District of the ETSP The purpose of the Hillside District standards is to ensure that natural landforms are preserved to the greatest extent practicable The Planning Commission approved Hillside Review 96 -001 for this project on February 24, 1997 The following is a discussion of the hillside design solutions incorporated into this project to ensure compliance with the City's Hillside District regulations and guidelines Conceptual Grading The grading associated with the proposed development plans must comply with the requirements and guidelines of the Hillside District and the City's Grading Manual These regulations and guidelines require the proposed grading to blend into the natural topography, to create undulating topography on manmade slopes and to preserve the integrity and open space value of Peter's Canyon Ridge The proposed grading of the hillside slopes is shown on the attached Tentative Tract map The plan represents the efforts on the applicant's part to comply with the Grading Manual and ETSP criteria and to satisfy staff's concerns expressed during the design review process A combination of undulating contours and variable slope ratios are provided to emulate the surrounding natural landforms to the greatest extent practicable, with terrace drains and down drains placed as inconspicuously as possible A condition of approval has been added to require all concrete terrace drains and down drains to be tinted with an appropriate earthtone color to soften their appearance in areas where they cannot be concealed Peters Canyon Ridgeline The ETSP makes particular reference to the visual resource value of the north -south Peters Canyon ridgeline adjacent to the project site and the need to preserve and maximize public visual exposure to this feature The Tustin Grading Manual Architectural Guidelines state that structures should be located below the top of adjacent ridgelines A detailed cross section and view analysis was prepared for this project (Attachment C) to ensure rooftops of the proposed dwelling • • City Council Report Vesting Tentative Tract Map 14797 March 17, 1997 Page 6 units do not project above the ridgeline A series of 16 view analysis and ridgeline cross sections were prepared to determine whether any of the proposed structures would project above the ridgeline within certain crucial viewsheds The general criteria used was to analyze the sightlines perpendicular to the ridgeline at low points and areas where significant hillside grading would occur With the exception of Section 16, all rooftops appear to fall below the ridgeline View Analysis Section 16 shows that approximately three feet of the rooftop of the structure proposed on Lot 95 (Plan 3) projects above the ridgeline A condition was included in the Planning Commission resolution approving Hillside Review 96 -001 that requires the developer to either lower the pad elevation on Lot 95 to ensure that no structure, including chimneys, projects above the ridgeline Slope Warranty Program Pursuant to provisions of the Grading Manual, the applicant shall be required to enter into a Slope Repair Agreement with the City This Agreement covers all man -made 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 future Homeowner's Association solely responsible at least initially, for any future slope failures ENVIRONMENTAL ANALYSIS An Initial Study has been prepared for this project and is attached to this report Based upon review of the proposed project and Environmental Impact Report (EIR) 85 -2, as amended it has been determined that environmental issues relating to this project have previously been addressed Mitigation measures identified in EIR 85 -2, as amended are included as conditions of approval; therefore, staff recommends that the Council find that requirements of the California Environmental Quality Act have been met and no further environmental review is required Gregory Gubman Associate Planner Elizabeth A' Binsack Community Development Director • • City Council Report Vesting Tentative Tract Map 14797 March 17 1997 Page 7 Attachments A - Location Map B - Statistical Summary C - Tentative Tract Map 14797 & Conceptual Plans D - Planning Commission Resolution 3516 E - Initial Study F - Resolution Nos 97 -18 and 97 -19 GG.ccreport \TT14797 • • ATTACHMENT B - Statistical Summary Vesting Tentative Tract Map 14797, Hillside Review 96 -001, Design Review 96 -045 and Conditional Use Permit 96 -032 Cluster Development Catellus Residential Group Requirement Proposed Gross Site Area N/A 29 47 acres Building Area N/A 10 1 acres Open Space 0 14 2 4 acres Street Area N/A 4 68 acres Minimum Lot Size 2 400 square feet 2,668 square feet Total Units 294 maximum 122 units Density 10 du /ac (gross) 4 1 du /ac (gross) Lot Coverage 100% <100% Building Setbacks Front Yard Side Yard Rear Yard Maximum Height Resident Parking Guest Parking PLAN 10 feet minimum 3 feet minimum 5 feet minimum 10 feet minimum 4 feet minimum 5 feet minimum 40 feet 29 feet 244 spaces (2 -car garage per unit) 244 spaces (2 -car garage per unit) 122 spaces 124 spaces (1 space per unit) SO. FT. DESCRIPTION OUANTITY 1 1,456 3 BD, 2 5 BA 30 24 6 2 1,752 2,012 2,019 2,035 3 BD, 2 5 BA W /OPT MASTER SUITE W /OPT 4TH BD W /OPT BONUS ROOM 56 45 9 3 1,818 3 BD +DEN, 2 5 BA 36 29 5 TOTALS 122 100% • • ATTACHMENT C: Tentative Tract Map and Submitted Plans llil!I Hy IIIIIIIIII'- -111111 111' — — 130a ,Alapc. yIS 11.0 SZVIIL PILVD113/ Wrld lilt "dise vs ZI .31)(0 ............... I ce .1, : k ceo, 1 II II ",„ I cch cc ' '■‘',\ 'CZ+ cccn ' 1 .4. CR a c LOOS 100111 3A11 ONISV d 96 Le-zL aiva • • " i•nICD RR. 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Pi 00 a N'> rilriff, ' • • ail snimoa dflOZIO 'IVIIN3QIS'iI Sfll13IVO VINNoariv0 NI,LSfI.L T1 1.011 HD1.11,11 NI,LSl1.L as "CM VSrzN3UasE Z • E e rith In lu uew II • O dS£SZ+ E NOIldO °sov n.e dSL9Z+ Z NOIldO dS09Z+ I NOIld0 L C iur[ 110 A PLAN 2 TUSTIN RANCH LOT 11 TUSTIN CALIFORNIA CATELLUS RESIDENTIAL GROUP II tik us C • 0 i9 65 \ \x\ L- U it • • ATTACHMENT D: Planning Commission Resolution 3516 1 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 >8 • • RESOLUIION NO 3516 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP NO 14797 LOCATED AT THE NORTHWEST CORNER OF JAMBOREE AND PIONEER ROADS The Planning Commission of the City of Tustin does hereby resolve as follows I The Planning Commission finds and determines as follows A That Vesting Tentative Tract Map No 14797 was submitted to the Planning Commission by Catellus Residential Group for consideration, B That a public hearing was duly called, noticed and held for said map on February 24, 1997 by the Planning Commission, C That Environmental Impact Report 85 -2, as modified by supplements and addenda, for the East Tustin Specific Plan, has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project, D That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single - family dwellings, E The 1 2444 acres of parkland required for this development was previously dedicated with recordation of Tract 13627, F That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, for the impact of Vesting Tentative Tract 14797 on School District facilities, and changes in state law The impacts associated with this approval on School District Facilities are adequately addressed, G That the site is physically suitable for the type of development proposed, H That the site is physically suitable for the proposed density of development 1 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 2.7 8 • • ResoluL on No 35166 Page 2 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 J That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision, K That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems, L The proposed project has been reviewed for conformity with the provisions of the Orange County Congestion Management Program and it has been determined that the additional traffic generated by the proposed project onto the CMP Highway System does not cause the system to exceed established level of service standards, and, M The proposed project has been reviewed for conformity with the provisions of Measure M /Growth Management Program, and it has been determined that the proposed project is exempt from the provisions of Measure "M" in that it has entitlement specified in a development agreement entered into in 1985, and the estimated project generated traffic does not cause the roadway system to exceed established level of service standards II The Planning Commission hereby recommends that the City Council approve Vesting Tentative Tract Map No 14797 located at the northwest corner of Jamboree and Pioneer Roads, 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 24th day of February 1997 BARBARA REYES Recording Secretary LOU BONE Cnairman 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 • • Resolution No 3516 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF TUSTIN I BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California that Resolution No 3516 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of February, 1997 BARBARA REYES Recording Secretary • • EXHIBIT A VESTING TENTATIVE TRACT MAP 14797 RESOLUTION NO 3516 CONDITIONS OF APPROVAL GENERAL (1) 1 1 The subdivider shall comply with all conditions of Tentative Tract 13627 as they pertain to this project * ** 1 2 All Conditions of Approval contained in Exhibit "A" of Resolution No 3216 are hereby superseded by the Conditions of Approval contained in this Exhibit (1) 1.3 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 4 Prior to release of building permits, all conditions of approval of Conditional Use Permit 96 -032, Design Review 96 -045 and Hillside Review 96 -001 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No 3515 and incorporated herein by reference However, the applicant will be permitted to obtain building permits for model home construction prior to approval of a final map provided approvals have been obtained from the Community Development Public Works and Fire Departments (1) 1 5 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development Agreement (and amendments thereto), EIR 85 -2 and applicable conditions for Tentative Tract Map 13627 (1) 1 6 The cumulative number of residential units for which (2) certificates of occupancy may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement 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 • • Exhinit A VTT 14797 Resolution No 3516 Page 2 (5) 1 7 The subdivider shall be required to execute Subdivision/ Monumentation Agreements and provide improvement /monu- mentation Bonds to the City prior to recordation of the final map (1) 1 8 Prior to final map approval, the subdivider shall submit (1) (2) (3) (6) A A current title report, B A duplicate mylar of the Final Map, or 8% 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, and C A list of street names as approved by the City of Tustin Street Naming Committee PUBLIC /PRIVATE INFRASTRUCTURE IMPROVEMENTS 2 1 Prior to recordation of a final map, the Subdivider shall prepare plans for and construct or post security guaranteeing construction of all public and /or private, infrastructure improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following A Curb and gutter /cross gutters B Sidewalks including access facilities for physically handicapped persons C Drive aprons /approach D Street paving E Street signing F Landscaping /irrigation facilities G Sanitary sewer service facilities H Domestic water service facilities I Reclaimed water service facilities J Utility connections (i e , gas, electric, telephone, and cable T V facilities) K Traffic signal systems and other traffic control devices L Street and paseo lighting • Storm drains and subdrains, the storm drain facilities within this tract will be private drains to be maintained by the Homeowner's Association N Undergrounding of existing and proposed utility distribution lines • • Exhibit A VT1 14797 Resolution No 3516 Page 3 O Lot monumentation P Fire hydrants The above plan shall be prepared by a California Registered Civil Engineer In addition prior to the issuance of any permits, the developer shall submit a 24" x 36" reproducible work area traffic control plan, prepared by a California Registered Civil Engineer or Civil Engineer experienced with this type of plan preparation * ** 2 2 Prior to the issuance of the first Certificate of Occupancy within Phase I (as shown on the approved Phasing Plan), including the model complex units, the developer shall complete the installation of all site improvements and landscaping and receive final building inspection for all site improvements and landscaping located within Lots A, N, 0, R, X, AA, BB and GG (1) (5) 2.3 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) 2.4 A separate 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 All construction shall be referenced to applicable City, County, or Irvine Ranch Water District standard drawing numbers Said plan shall include, but not be limited to the following A Curb and gutter B Sidewalks, including curb ramps for the physically disabled C Drive aprons D All signing /striping modifications E Street paving F Street lights G Catch basins /storm drain laterals /connection to existing storm drain system In addition a 24" X 36" reproducible construction area traffic control plan, as prepared by a California Registered Tiaffic Engineer or Civil Engineer experienced in this type of plan preparation wall be requited • S Exhibit. A VTT 14797 Resolution No 3516 Page C (5) 2 5 A separate 24" x 36" signing and striping plan showing all modifications along Pioneer Road, which are required as a result of this development will be required This plan will need to be prepared by a California Licensed Traffic Engineer (1) 2 6 All changes in existing curbs, gutters, sidewalks (5) and other public improvements shall be the responsibility of subdivider (1) 2 7 Preparation of plans for and construction of (2) (5) A All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District B A domestic water system must be designed and installed to the standards of the Irvine Ranch Water District or City of Tustin Water Department, whichever is applicable at the time of plan preparation Improvement plans shall also be reviewed and approved by the Orange County Fire Department 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 systems shall meet the standards as required by the Irvine Ranch Water District (1) 2 8 Proposed private streets shall be designed to the (5) following specifications (6) A All proposed streets and drives shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works B All streets shall he constructed in accordance with City requirements in terms of type and aualiry of materials used where practical • • • Exhibit A VT'I 14797 Resolution No 3516 Page 5 C Parking shall be prohibited within cul -ae -sacs, curves and along Street "A" Signage and /or red curbing shall be installed where appropriate (1) 2 9 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized (5) 2 10 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, and 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 The "as built" CADD files will be required prior to release of the subdivision bonds (5) 2 11 The Subdivider shall submit two (2) copies of the Notice of Intent for the NPDES construction permit, as submitted to the State of California Water Resources Control Board (one copy to Community Development Department /Building Division and one to the Public Works Department/ Engineering Division) DEDICATIONS /RESERVATIONS /EASEMENTS (1) 3 1 The subdivider shall satisfy dedication and /or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street and flood control right -of -way easements, vehicular access rights sewer easements and water easements defined and approved as to specific location by the City Engineer and other agencies • • Exhibit_ A VTT 14797 Resolution No 3516 Page 6 (1) 3 2 Landscape maintenance of all lettered lots, shall be the (5) responsibility of the adjacent property owners and /or Homeowners Association except that Lots AA HH and I -I shall be maintained by the Homeowners Association Landscape maintenance for Lots AA, HH and I -I shall be the responsibility of the Landscape and Lighting District The City of Tustin will not be responsible for maintenance of private streets, storm drains street lights, landscaping, irrigation, slopes or perimeter walls * ** 3 3 The 39 -foot wide storm drain easement proposed within Lot M and a portion of Lot R shall not also be designated as a fire access easement CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT -OF -WAY (1) 4 1 Prior to recordation of the final map, subdivider shall (2) post with the Community Development Department a minimum (5) $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 (1) 4 2 Any damage done to existing street improvements and (5) utilities shall be repaired before acceptance of the tract and /or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision (1) 4.3 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 GRADING /GENERAL AND HILLSIDE (1) 5 1 Prior to issuance of grading permits (2) (5) A A detailed soils engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City grading requirements, and all other applicable state and local laws regulations and requirements • S Exhibit A VTT 14797 Resolution No 3516 Page 7 B The applicant shall submit a grading plan subject to approval by the Department of Community Development delineating the following information 1 Methods of drainage in accordance with all applicable City standards 2 Recommendations submitted and approved by a geotechnical or soils engineer 3 Compliance with conceptual grading shown on tentative tract map 4 A drainage plan and necessary support documents such as hydrology calculations to comply with the following requirements a Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rainfall which may be expected from all storms up to and including the theoretical 100 /500 year storm and dedication of any necessary easements on the final map as required b Elimination of any sheet flow and ponding c Provision of drainage facilities to protect the lots from any high velocity scouring action d Provision for tributary drainage from adjoining properties 5 All flood hazard areas of record 6 Final street elevations at key locations 7 Both horizontal and vertical intersection sight lines shall be shown on both the grading plan and landscape plan in compliance with OCEMA Standard No 1117 for the inteilor streets All landscaping within the limited • • Efhibit A VTT 14797 Resolution No 3516 Page 8 use areas shall comply with OCEMA Standard No 1117 8 Final pad /finished floor elevations and key elevation for all site grading All pad elevations to be a minimum of 1 0 foot above base flood elevation as defined by FEMA 9 A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations The Department will inspect the site for accuracy of elevations, slope gradients, etc and may require certification of any grading related matter 10 A note shall be placed on the grading plan stating that all terrace drains and down drains shall be tinted with a permanent earthtone pigment prior to pouring 11 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 C The applicant shall prepare a sedimentation and erosion control plan for all construction work related to the subject tract including a method of control to prevent dust and windblown earth problems Said plan shall be reviewed and approved by the Community Development Department • • Exhibit A VTT 14797 Resolution No 3516 Page 9 D Submittal of a construction traffic routing plan for review and approval by the Director of Public Works E The applicant shall prepare a hydrology and hydraulic calculations for this subject tract Said plan shall be reviewed and approved by the Public Works Department and Community Development Department /Building Division F The applicant shall obtain approval of the grading and landscape/irrigation plans from the Metropolitan Water District, the Irvine Ranch Water District, the Santiago Aqueduct Commission /Los Alisos Water District and provide proof of said approvals to the Community Development Department in a form acceptable to the Building Official G Final certification of all previous remedial grading work on the property shall be approved by the Public Works Department prior to issuance of any grading permits for this project (1) 5 2 All earthwork shall be performed in accordance with the (3) Tustin City Code and Tustin Grading Manual 5 3 Grading of hillside areas shall be consistent with the East Tustin Specific Plan Hillside District Tustin Grading Ordinance and Grading Manual including all Conditions of Planning Commission Resolution No 3517 approving Hillside Review 96 -001, and including, but not limited to the following requirements • 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 2 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 rouncing of contours with a • • Exhibit A VTT 14797 Resolution No 3516 Page 10 minimum radius compatible with the existing natural terrain shall be provided 3 Prior to issuance of a grading permit on the site, the subdivider shall execute and implement a Slope Repair Agreement as provided in the Grading Manual in compliance with Conditions 5 1 and 5 2 of Resolution No 3515 * ** 5 4 All concrete used in the construction of terrace drains and down drains shall be treated with a permanent earthtone pigment prior to pouring The limits of grading shall be securely fenced off prior to issuance of a grading permit to ensure that coastal sage scrub that has not been previously authorized for removal is not impacted by grading operations (1) 5 6 Prior to issuance of a grading permit detailed landscaping and irrigation plans for planting of all slopes shall be submitted for approval by the Department of Community Development The plans shall include a summary table with all necessary details required in the adopted City of Tustin Landscaping and Irrigation Submittal Requirements as well as the following requirements A All permanent cut slopes over five feet and fill slopes over three feet including roadside shall be protected from erosion by planting of a combination of plant materials including grasses and ground cover, shrubs and trees * ** 5 5 B Special Erosion Control measures which may include such items as revegetation mats 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 suitable for soil and climatic conditions and validated by a landscape architect and soils engineer C Slopes required to be planted shall have a system of irrigation designed to cover all portions of slope after rough grading • • Exhibit A VTT 14797 Resolution No 3516 Page ]1 D All permanent cut slopes in excess of 5 feet and fill slopes over 3 feet shall be protected against damage by erosion, siltation and rodents prior to final certification of rough grading pursuant to the applicant's construction phasing plan or modifications which may be approved by the Director of Community Development At a minimum, prior to release of production unit building permits within each phase of construction, temporary irrigation and landscaping shall be installed, although the applicant may choose at their discretion to install permanent landscaping. Temporary landscaping materials shall be subject to approval of the Director of Community Development, but shall at least be hydroseeded consistent with the temporary landscaping and irrigation standards and notes shown on the approved rough grading plan for Tract 13627 E Permanent landscaping and irrigation shall be installed along the entire Pioneer Road frontage prior to issuance of any certificate of occupancy for this tract, including the models F Permanent landscaping and irrigation shall be installed on all permanent cut slopes in excess of 5 feet and fill slopes over 3 feet prior to the issuance of certificate of occupancy and release of grading bonds for each individual phase of construction (1) 5 7 Prior to the recordation of a final map the applicant (5) 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 Best Management Practices (BMPs) and detailing implementation of the BMPs not dependent on specific land uses (1) 5 8 Prior to issuance of grading, grubbing and clearing or (5) paving permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Storm water Permit for General Construction Activities from the State Water Resources Control Board Evidence that this has been obtained shall be submitted to the Building Official • • Exhibit A VTT 14797 Resolution No 3516 Page 12 FIRE AUTHORITY (5) 6 1 Prior to the recordation of a final tract map, the subdivider shall submit water improvement plans to the Fire Chief for review and approval to ensure adequate fire protection and financial security is posted for the installation The water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Fire Chief (5) 6 2 Prior to the recordation of any subdivision map or the issuance of any building permits, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on -site fire hydrant system and indicate whether it is public or private If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief (5) 6 3 Prior to the recordation of the applicable subdivision map as determined by the Fire Chief, in consultation with the Manager and Traffic Engineering, the subdivider shall enter into an agreement with the County /City for the installation of traffic signal pre - emption equipment for the entrance to the tract Said agreement shall be accompanied by financial security After one (1) year from the date of the agreement the Fire Chief shall determine whether the traffic signal pre - emption is to be installed per the agreement or the financial security released Language to this effect shall be included in the agreement (5) 6 4 Prior to the recordation of a subdivision map the subdivider shall place a note on the map meeting the approval of the Fire Chief that the property is in a very high fire hazard area due to wildland exposure (5) 6 5 Fuel Modification Requirements A The placement of fuel modification areas in the real yards abutting the westerly boundary of Lhe subdivision will require Lhe recordation of deed restrictions prohibiting combustible construction or combustible mnteiials in this area Examples of • • Exhinit A VTT 14797 Resolution No 3516 Page 13 items not permitted to be placed within these areas include wood fences, gazebos, patio covers and building additions The affected lots will also be subject to periodic inspection by the Orange County Fire Authority to ensure compliance with the Fuel Modification requirements Contact the OCFD at (714) 744 -0403 to obtain copies of the Orange County Fire Authority Fuel Modification Guidelines B Prior to the recordation of any subdivision map, the applicant shall obtain the Fire Chief's approval, in consultation with the Manager, Environmental and Project Planning of a conceptual fuel modification plan and program Contact the Orange County Fire Authority Development Review Section at (714) 744 -0477 for requirements and clearance of this condition C Prior to the issuance of any grading permits, the applicant shall obtain the Fire Chief's approval, in consultation with the Manager of Environmental Project Planning, 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 Include the method (mechanical or hand labor) for removal of combustible vegetation and the planting of drought tolerant fire resistant plants D Prior to the issuance of building permits, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area E Prior to the issuance of any certificate of use and occupancy, the remainder of the fuel modification shall be installed and completed under the supervision of the Fire Chief Further, the installed fuel modification shall be established to a degree meeting the approval of the Fire Chief The CC &R's shall contain provision for maintaining the fuel modification zones including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation s\stem three Limes a year • • Exhibit A VTT 14797 Resolution *:o 3516 Page 14 (5) 6 6 Prior to the recordation of a subdivision map the applicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the City The deed restrictions shall contain provisions which prohibit obstructions within the fire protection access easement The approval of the Fire Chief is required for any modifications, such as speed bumps, control gates or other changes within said easement (5) 6 7 Prior to issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private from the Fire Chief in consultation with the Manager and Traffic Engineering The plans shall include the plan view, sectional view and indicate the width of the street or court measured from flow line to flow line All proposed fire apparatus turnarounds shall be clearly marked when dead -end street exceeds 150 feet or when other conditions require it (5) 6 8 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown The plans shall indicate the location of red curbing and signage A drawing of the proposed signage with the height stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief (5) 6 9 Prior to the issuance of the certificate of use and occupancy, the approved fire lane marking plan shall be installed The CC &R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes A method of enforcement shall be included (5) 6 10 Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for fire fighting purposes will be placed on the site An all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site • • Exhibit A VTT 14797 Resolution No 3516 Page 15 (5) 6 11 Prior to the issuance of building permits an Orange County Fire Authority Water Availability form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief (5) 6 12 Prior to the issuance of building permits, the applicant shall submit a Fire Safety Site Plan for the review and approval of the Fire Chief The applicant shall include information on the plans required by the Fire Chief Contact the Orange County Fire Authority Plans Review Section at (714) 744 -0403 for the Fire Safety Site /Architectural notes to be placed on the plans (5) 6.13 Prior to the issuance of any building permits on those lots(s) /parcel(s) determined applicable by the Fire Chief, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation This system shall be operational prior to the issuance of a certificate of use and occupancy (5) 6 14 Prior to the issuance of certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating their locations on the street or drive, per the Orange County Fire Authority Standard, and approved by the Fire Chief On private property these pavement markers are to be maintained in good condition by the property owner (5) 6 15 Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approval of the construction details for any access gate Contact the Orange County Fire Authority Plan Review Section at (714) 744 -0403 for a copy of the "Guidelines for Fire Authority Emergency Access " NOISE (1) 7 1 Prior to the issuance of any building permits (2) (3) A A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise • • Exhibit A VTT 14797 Resolution No 3516 Page 16 standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project The acoustical analysis shall be prepared by an expert or authority in the field of acoustics All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms is required Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided B Due to the project's close proximity to the Browning Corridor, said study shall provide information on single event noise measurements as generated by helicopter flyovers for information purposes only (1) 7.2 Prior to issuance of any certificates of use or (2) occupancy, field testing in accordance with the Title 25 (3) regulations may be required by the Building Official to verify compliance with STC and IIC design standards (1) 7 3 All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7 00 a m until 6 00 p m Monday through Friday and 9 00 a m until 5 00 p m on Saturdays, unless otherwise determined by the Building Official (1) 7 4 Construction hours shall be clearly posted on the site to the satisfaction of the Building Official CC &R'S (1) 8 1 Prior to approval of the final map all organizational (3) documents for the project including any deed restrictions, covenants conditions and restrictions shall be submitted to and approved by the Community • • E■htbit VTT 14797 Resolution No 3516 Page 17 Development Department and City Attorney's Office Costs for such review shall be borne by the subdivider A copy of the final documents shall be submitted to the Community Development Department after recordation CC &R's shall include but not be limited to the following provisions A The City shall be included as a party to the CC &R's for enforcement purposes of those CC &R provisions in which the City has interest, as reflected in the following provisions However, the City shall not be obligated to enforce the CC &R's B The requirement that association bylaws be established C Provisions for effective establishment, operation, management, use, repair and maintenance of all common-areas and facilities including landscaped areas and lots, walls and fences, private roadways (i e walks, sidewalks, trails) and paseos D Membership in any Homeowner's Association shall be inseparable from ownership in individual lots E Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna F Maintenance standards shall be provided for applicable items listed in Section C above in CC &R's Examples of maintenance standards are shown below 1 All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots debris and weeds All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do • • Exhibit A VTT 14797 Resolution No 3516 Page 18 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 paseos shall be maintained so that they are safe for users Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel -ways should be removed or repaired promptly In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times 3 Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property may also be added as alternative language G Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department All plans for exterior improvements shall conform to requirements set forth by the City and the CC &R's H Residents shall not store or park any non - motorized vehicles, trailers or motorized vehicles that exceed 7 feet high 7 feet wide and 19 feet long in any parking or driveway area except for purpose of loading unloading, making deliveries or emergency repairs except that the Homeowners Association may adopt rules and regulations to authorize exceptions • • Exi:_oit A VTT 14797 Resolution No 3516 Page 19 The Homeowners Association is responsible for monitoring and enforcing any and all parking and traffic regulations on private streets and courts The project CC &R's shall include provisions to require the Association, to develop and enact an enforcement program related to enforcement of parking and traffic regulations within the private development Said program may include provisions for levying fines, collecting fines and enforcement /monitoring by private security companies /persons To ensure the proper use of parking space within the subdivision, CC &R's shall include the following acknowledgements and restrictions, which shall also be signed as a separate notification/ acknowledgement, by each new homeowner in the subdivision 1 All on- street parking spaces are designated as guest parking, individual owners shall have no right to use guest spaces for any vehicle 2 Individual owners shall park vehicles in garage space or on driveway area provided vehicles do not overhang the public right -of- way or sidewalk easements 3 Individual owner understands that the subdivision has strict parking regulations that will be enforced by the Homeowner's Association 4 Should an individual owner own more than two vehicles, additional vehicles shall be kept outside of the subdivision boundaries Prior to implementation of such a program, copies of the approved HOA program shall be forwarded to the City of Tustin Police Department and Community Development Department for review and approval The Police Department and Community Development Department shall also be provided with any amendments or modifications to the program All parking regulations shall be enforced at time of final occupancy of any phase of the project • • E,hibit A VTT 14797 Resolution No 3516 Page 20 J A total of 244 parking spaces shall be permanently maintained at a rate of two garage spaces per each dwelling unit An additional minimum of 122 unassigned on- street guest spaces shall also be permanently provided K 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 L All utility services serving the site shall be installed and maintained underground M The Association shall be required to file the name, address, and telephone number of at least one member of the Association Board and where applicable a Manager of the project, before January 1st of each year with the City of Tustin Community Development Department, for the purpose of contacting the Association in case of emergency or in those cases where the City has an interest in CC &R violations N Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department In addition the CC&R's shall advise homeowners that MCAS, El Toro is scheduled for closure by the Department of Defense Future uses of the base are not known with certainty at this time, however, on December 12, 1996, the Orange County Board of Supervisors endorsed a proposal to convert the facility to an international commercial civilian airport O 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 Chose agencies' approval P No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter walls (including such walls located on private property) oz other CC &R provisions in which the • • Eyhioit A VTT 14797 Resolution No 3516 Page 21 City has an interest as noted above or to alter modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department This shall not preclude the Homeowner's Association from assessing charges to individual property owners for structural damage to such walls Q Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the five -foot public utility easement behind the private street right -of -way Where such facilities are located on private property within the utility easement, notification shall be given to those owners as to the locations, types and quantities of all facilities as they relates to their specific property R Maintenance of all manufactured slopes within rear yards shall be the responsibility of the individual property owners The CC &Rs shall include specific standards for the maintenance of slopes and drainage devices Pursuant to Section 5 4 of the City Grading Manual, all proposed and future structures will be subject to setback requirements for footings on or adjacent to slopes S Maintenance of all lettered lots, except Lots AA, HH and I -I shall be by the Homeowner's Association Landscape maintenance for Lots AA HH and I -I shall be the responsibility of the Landscape and Lighting District T The CC &R's shall contain provision for the maintenance of the fuel modification zone All dead and dying vegetation shall be removed annually Three times a year the irrigation system shall be checked and deficiencies corrected U 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 surzounding properties occurs • • Exhibit A VTT 14797 Resolution No 3516 Page 22 V Maintenance of all slopes and drainage devices on individual lots within fenced yard areas shall be the responsibility of the individual property owner W Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement X 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 Y All streets within this development are private and shall be maintained by the Homeowners Association Should at any time in the future, the Homeowners Association request that the City accept the streets as public streets, the Homeowners Association shall be responsible for modifying all streets to meet the then most current public street standards, including but not limited to 1 Removal of the vehicle gates, 2 Modification to the outside radius of the knuckles at corner intersections, 3 Addition of sidewalks in the private drives, and 4 Compliance with the then current Americans With Disabilities Act (ADA) provisions, particularly related to sidewalks, corner ramps and driveway aprons HOMEBUYER NOTIFICATION (1) 9 1 Prior to issuance of Certificate of Occupancy A A document separate from the deed shall be prepared which will be an information notice to future homebuyers of aircraft noise impacting the subdivision The notice shall further indicate that additional building upgrades may be necessary for noise attenuation This determination is to be made as architectural drawings become available and /or where field testing determines inadequate noise insulation • • Exhibit_ , VTT 14797 Resolution No 3576 Page 23 B The developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicate (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map) (2) Advice to homebuyers that proposed school sites may never be constructed C The Subdivider shall provide the City with a statement which must be signed by each homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development This statement shall include a detailed disclosure of the waterline easements within the central greenbelt area, the types of maintenance activities that will occur within said easements, and shall describe the restrictions on future development within said easements D The developer shall provide the City with an information notice to future homeowners of lots that have above ground utilities or structures (such as light standards and fire hydrants) located within a public utility easement identifying the type of structure and their locations E Separate deed restrictions, as approved by the City Attorney, shall be recorded on all lots encumbered by storm drain, access, fuel modification or other easements, clearly identifying any restrictions of use or on improvements over the easements A separate agreement, on a form approved by the Community Development Department and City Attorney shall be signed by the initial buyer and provided to the City prior to issuance of a Certificate of Occupancy F Deed testrictions shall be recorded on all residential lots disclosing that the right -of -way lines are five (5) feet from the curb face along the tntertot street system and one (1) foot from the L Local 1 ne along all or i va k e Cu ] vc.s • • oih. 01 VTT 14797 Resolut_on No 3516 Page 24 (1) 9 2 It is the Subdivider's obligation to notify all potential buyers of subdivided lots of all liens and assessments against the subdivided properties including, but not necessarily limited to, the following A Reassessment District 95 -2 B City of Tustin Landscape and Lighting District C That the project is located within a Mello Roos District FEES (1) 10 1 Prior to recordation of any final map, Subdivider shall pay plan check and inspection fees for all public and /or private infrastructure improvements within the City's responsibility excluding those financed by an Assessment District (1) 10 2 Prior to issuance of any building permits, payment shall (5) 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 All applicable building, grading and private improvement plan check and permit fees to the Community Development Department B New development fees to the Community Development Department C School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Developer, or proof of a release from payment of any fee D Major thoroughfare and bridge fees to the Tustin Public Works Department E Water and sanitary sewer connection fees to the Irvine Ranch Water District • • Exhinit A VTT 14797 Resolution No 3516 Page 25 (1) 10 3 Prior to payment Facility amounts Consumer November the issuance of any building or grading permits shall be made of all required East Tustin Fees for Lot 11 of Tract 13627 The following reflect the most recent adjustments to the Price Index, and will be in effect until 1, 1997 A Civic Center Expansion $46,500 B Irvine Boulevard Widening $ 5,349 C Fire Protection Facility $35,139 (1) 10 4 Payment shall be made of all applicable Reassessment District No 95 -2 reapportionment costs as required by the City Engineer Reapportionment of acreage assessment to individual subdivided lot assessment (5) 10 5 Within forty -eight (48) hours of approval of the subject project by the City Council, the applicant shall deliver to the Community Development Department a cashier's check payable to the COUNTY CLERK in the amount of $38 00 (thirty -eight dollars) to enable the City to file the appropriate environmental documentation for the project If within such forty -eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty -eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990 If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid r • • ATTACHMENT E: Initial Study • • COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way Tustin CA 92780 (714) 573 -3105 ENITIAL STUDY A BACKGROUND P'tritri TpacT 14i trl , ate' -h (Pe- prLIItiJ Project Title £ 9 t2t<Vtr_ t ft-0 Arloabiot-ncrlM_ ufSE Pt 11i 032 Lead Agency City of Tustin 300 Centennial Way Tustin, California 92780 Lead AgencN. Contact Person 4pif_o 670 en -14-A Phone O l`\ ) si3- 312/ Project Location i 7T Il o� fl2 yJ,f 13CO2lt N':IG Plor4l= -C-zz F-D 4 Jtx-1 -ia PO Project Sponsor's Name and Address ..riaTai -t..-:1 I ii t'r.STtpa— roro)r t' - h-AZP t -SJ 4-oa 1R-VI� Co 92'7 (4- 4.-rrts C n `r General Plan Designation 4t -12 Cor(Mt »44 14::: f tdi- Zoning Designation ¶G F- r°F- A-LiF- i�ot:a i r EAt i ( r rcn� (l Project Description To �)13p;v io1; ae 'j1 bcerh I4Tn 122 t4t1Ht' - ,{] G7 ■ l - - tir ear. RS' ' �� - r • - / -ea- Ni 1 thri t t-LACth O v )is-1/11 ro Surrounding Uses North F1mn6 G'(tt fz-ri _ maL East eireA tc-07, c- +-kY South h4- nmor_> fixt t' .v- West 1 rFxi �.a'ps,Lff .i_ P -1-- 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 EMA Distnct ❑ Other 1 • • B ENVIRONMENTAL FAC FORS PO FEN I TALLY AFFECTED The environmental factors checked below would be potentially affected b) 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 0- Population and Housing 13 Geological Problems ❑ Water ri Air Quality O Transportation & Circulation Biological Resources ❑ Energy and Mineral Resources C DETERMINATION On the basis of this initial evaluation oDDNtgto 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 m this case because the mitigation measures descnbed on an attached sheets have been added to the project A NEGATIVE DFI`i ARATION will be prepared. ❑ I find that the proposed project MAY have a 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 I) has been adequately analyzed m 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 JZ 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 i) have been analyzed adequately in an earlier EIR pursuant to applicable standards and 2) have been avoided or mitigated pursuant to that earlier EER, including revisions or rmugauon measures that are unposed 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 I) 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 Signature Date Printed Name Title rotprzo t991 • • C1\ IRONM N 1AL IMPACIS tl evclopment Department r-c OOO m O 0tsi csiositM9 0E00 O O Nt © D O 000 0 0 00 00000 0000 0 0 0 0 0 O ODO 0 0 00 mom :Cm O N 0 0 0 O 00St 0 Isa sin 00000 '5J00O N O 0 0 0 F F r a OO O F• R O 5 pp O R cd q 8 0 FL. F. L 2 c I O 5 O o 2 H E ca. � o Z 4 ° 1 0 q P c u ��yy �4• G1 0 r p �° m �v b °' o p A ji A .h p C aG F °' ° C C } Q 2a ' y o o F IS 0 Tit L E§ 8 W d A S o G M O U 24, c0 5� � s a G DD 0 6 -6 N b E tit 1 a F v o 2 y a Q'1 8u U U CO v a U 8.' .5. o A g O O 'r7 u 0. 0 4 p g4 C Q m °hqq ry a O o N -n U ' N 0 N O U w U d N o o Q F. a Li 0 O' F oh % 4 U a ° cl U to O to so a 0 g 2 V 42 8b a CC 0 F O ❑❑ ° 5 co O ^ y - U 7 a 6. 8 wog _. , a v o vG 0 C U 4 N . cC Q' N u o o t4 O o 7 et W (n fn to ..JJ W o v .0 t .a u '° Ti C W WATER Would the proposal result to Cl � n 00 J 0, N 0 7 '-' _ ° Fi7y 'la n c o '' a d ., - 5 H 2...g12 1 2 a Nv ^' n =° w yCy j y°, d `D R 5 R 2, 2, ^ T n^ o d 'n n w 0 o (� G o ry F a o t c G� G a °R S' r, = ,�, G d v �° ❑ °a �i ❑ ?� ., o ro v CCo o .'j :gyp} Cron ,�� d o g, D/ p n x 5 b O' R 7 Q C �y p • a' N r""i O° ry O C� K e a O C: s' p is o° a' a I*7 w d ° tel rt ry d Q 5 .7 =' O ° B` .o °' c o .n C O0 0, 7� rn n 11. S. g" 2 ffi_ 0 O as O n] 0 `' N ia, f° 7 0' 7^ C �. n p "' 2 7 °� cA° r ° w z °� - 0 4. QC° °0 ° p 5 p o r° b° � q o sy 00 G s O d C G O n N d pp a o �� O art51:INg 7s., o A C° n a n p O a- 8� 6a ! F0 A2 o oa� )o� 3 0�_�dS?sn' `� ° a ° 4° m tf�° G R y o° ~ 'N^ n �" o `2 °' ° s g `2 s "" 2'7' 0 z a O d n 3o G •vry C p..,,,9?, � Q t ry J}{d(5} (°i N ^ C-v! O O 0 � p iy p n (Ce T H d N p .fi St vii N S ON O In 'UO �,D 00 O a O C G l' IOn li ° c N oo n? o d �° 7 G o 'o a3 0 O O Co `• v > ryryry .I� O .b �� ° s cps (4 p '''',g: �ryy Oy Fj rt Cr C v� ti p_E n d Q C. W ry 0 IA .4 6 (E �!(�[yJf' J z n a 0. 12J ai 5 S O n 'J ' J N "O �' o p J • '^S St- 0. ' n $ o G+ `� ce C 00 FF ~ c m 'v r G .. 70 O 0 D 000 00 O D O NON EN 0 0 0 000 00 0 ONO NO 00 DODO D 00 ON 0 Ono OO 0000 0 00 DO 0 000 00 DODD 0 00 DO 0 OOD ND NNEIN 0 NN DO L9 D061 • r. • n Cr m o S > n d d vy 7 R O o =_ • a, da < 07 0 Cr J 0 O n n d� n n co S n V1= < 13 AESTHETICS Would the proposal H 7 0 L4 [" N V)f/) N �b O H OZv O `7 m r m5 r • 0 o rt Y o o � y e• 5' n n, o 'bS n Ap 8Rb o a, o ry o o " a �, too 0 G tf o o cQ Er7 n r. tIV y O ~O [f� O 9 IIFO••• J n3 Kl O S F y % al aC a d �i LCD yn� rc{yo Y p� P F X3.0 5 ' t ,., 0 CD b ° o ff J p E r CD c a 2 7 y Q q b o �. J U Vi fj• q a n J c ati �Q' O O 7' o ,, G' 7 -, 4 ao w. a n o b 6 la D. 10 NOISE - Would the proposal result in a Np0 [aNamRmtsi Np❑rsiN ❑Q ❑aaa❑ DEA 00000 00 ❑❑N❑❑ 00 LQ ❑ Q ❑ 0 000 00000 00 00000 00 0 0 0 0 0 000 00000 00 00000 NO O N O N Q • Would the proposal involve • • •nf:alit S,gn,ff can, Potentially On! C1% ins (ban Signficans A4it:gation Signfcan• Impau Incorporated Impact No Impact 14 CULTURAL RESOURCES Would the proposal a) Disturb paleontological resources? ❑ ❑ ❑ Er b) Disturb archaeological resources? ❑ la ❑ ❑ c) Have the potential to cause a physical change which would affect unique ethnic cultural values? ❑ ❑ ❑ Q d) Restrict existing religious or sacred uses within the potential impact area? ❑ ❑ ❑ 0 15 RECREATION - Would the proposal a) Increase the demand for neighborhood or regional parks r� or other recreational facilities? ❑ ❑ ❑ b) Affect existing recreational opportunities? ❑ I7 ❑ ❑ 16 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the qualtt} 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 commumt) reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major penods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long -term, environmental goals? ❑ ❑ ❑ 0 c) Does the project have impacts that are individually limited, but cumulauvel) 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) ❑ ❑ ❑ 21 d) Does the project have environmental effects which will cause substantial adverse effects on human beings either directh or indirectly? ❑ ❑ ❑ E EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above IN1TSTUD PM5 3702A 6 • • ATTACHMENT A TIERED INITIAL STUDY RESPONSES VESTING TENTATIVE TRACT MAP 14797 HILLSIDE REVIEW 96 -001 DESIGN REVIEW 96 -045 AND CONDITIONAL USE PERMIT 96 -032 BACKGROUND The proposed project is an application by Catellus Residential Group requesting authorization to subdivide a 29 47 acre site to create 122 numbered lots and 36 lettered lots to accommodate the development of 122 single - family detached residences The subject property is located in Sectors 2 of the ETSP, and is almost entirely located within the Hillside District The site is bordered by Peters Canyon Regional Park to the north and west, Pioneer Road to the south and Jamboree Road to the east This is a tiered initial study that is based on and incorporates, by reference, the environmental analysis included in EIR 85 -2 for the ETSP (certified on March 17, 1986) and subsequently amended with supplements and addenda as it relates to the subject property In conformance with CEQA the purpose of this tiered initial study is to identify and focus the environmental analysis for the project on significant new environmental impacts that were not previously considered in the Program EIR, as amended EIR 85 -2, as amended, 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, these items have been checked "Potentially Significant Impact" and 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, as amended, also identified several impact categories where impacts could be lessened to a level of insignificance with the imposition of mitigation measures Staff has reviewed each of these impact categories to be sure no new project impacts associated with the project would occur that were not identified in the Program EIR, as amended For the purposes of this initial study check list, these items have been checked "Potentially Significant Unless Mitigation Incorporated" and the mitigation measures identified in the Program EIR as amended, that would be applicable to this project that are included as part of the project have been identified Impact categories not identified to have a potential impact in EIR 85 -2, as amended, have been reviewed and identified in the initial study check list accordingly to ensure that the project would not create any additional significant impacts which were not considered by EIR 85 -2, as amended, and cannot be mitigated to a level of insignificance • • Attachment A - Initial Study Responses VTT 14797, HR 96 -001 DR 96 -045 & CUP 96 -032 March 3 1997 Page 2 1 LAND USE & PLANNING Items a, b and e - "No Impact" The subject property is designated by the General Plan Land Use Map as Planned Community - Residential The subject property is zoned Planned Community Residential and is identified within the Medium Density Residential Land Use Designation of the ETSP Land Use Plan with a special density limitation of 10 units per gross acre The proposed uses on the property are consistent with those land use designations The proposed project would not alter existing or future land uses Item c "Potentially Significant Unless Mitigation Incorporated" EIR 85 -2, as amended 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, as amended, 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, as amended The project will not create additional impacts other than those previously identified in the Program EIR, as amended Item d - "Potentially Significant Impact" EIR 85 -2, as amended 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 Considerations 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, as amended Sources. Submitted Plans Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigation /Monitoring Required. Adherence to and compliance with the guidelines and provisions of the ETSP, which address building height, building setbacks, parking requirements, and other site development standards and would ensure that the proposed development complies with the mitigation measures specified in the certified EIR 85 -2, as amended • • Attachment A - Initial Study Responses VTT 14797, HR 96 -001, DR 96 -045 & CUP 96 -032 March 3, 1997 Page 3 2 POPULATION & HOUSING Items a and b - "Potentially Significant Impact" The proposed project would provide 122 single - family dwelling units on the site The Medium Density designation would permit up to 294 units pursuant to the ETSP, which allows a maximum of 10 dwelling units per acre on the subject site The proposed project would have 4 1 dwelling units per acre The project will not create additional impacts other than those previously identified in the Program EIR as amended The project site is within the Specific Plan area for which the certified EIR 85 -2, as amended identified impacts to the project site related to the proposed development and the resultant negative effects to population The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects A Statement of Overriding Considerations was adopted for the specific plan Consequently, mitigation measures were identified in EIR 85 -2, as amended This proposal has incorporated those measures related to population into either the submitted plans or would be included in the conditions of approval where applicable, for the subject project Item c - "No Impact" Since the project site is currently vacant housing units will not be displaced The project would provide new dwellings for the planned population Sources. Submitted Plans Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigation /Monitoring Required. Adherence to and compliance with the guidelines and provisions of the ETSP, which address building height, building setbacks, parking requirements, and other site development standards and would ensure that the proposed development complies with mitigation measures specified in the certified EIR 85 -2, as amended 3 GEOLOGICAL PROBLEMS Items b, h and i - "Potentially Significant Unless Mitigation Incorporated ". EIR 85 -2, as amended, identified impacts to the project site related to the necessary grading activity that would occur in order to accommodate the various types of development and the resultant change to existing landform and topography of the area The site has been mass graded as part of Tract 13627 and subsequently graded to accommodate • • Attachment A - Initial Study Responses VTT 14797 HR 96 -001, DR 96 -045 & CUP 96 -032 March 3, 1997 Page 4 development of the property consistent with the approved plans However, since this site is largely within the Hillside District the grading plan has been designed to be sensitive to the existing landforms and preserve the existing prominent hillside on the site The project has been reviewed and will not create additional impacts other than those previously identified to the site and topography in the Program EIR as amended Item f - "Potentially Significant Impact ". EIR 85 -2, as amended, identified impacts to the project site related to the necessary grading activity that would occur in order to accommodate the various types of development and the resultant change to existing 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 prepared to address necessary compromises for the overall benefit of the Specific Plan area and region The project has been reviewed and will not create additional impacts other than those previously identified to the site and topography in the Program EIR, as amended Items a, c -e, g and i - "No Impact ". The proposed development will not expose people to potential fault ruptures, liquefaction, volcanic hazards or mudflows Sources. Field Verification Submitted Plans Tustin City Code EIR 85 -2 as amended East Tustin Specific Plan Mitigation /Monitoring Required. A detailed soils engineering report and grading plan for the site are required as a condition of approval to ensure that all grading activities on the site minimize grading impacts 4 WATER Items a, b and g - "Potentially Significant Impact ". The subject project site is within the ETSP area for which the certified EIR 85 -2, as amended identified impacts to surface runoff, drainage flows, water quality and water percolation The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects A Statement of Overriding Considerations was adopted • • Attachment A - Initial Study Responses VTT 14797 HR 96 -001, DR 96 -045 & CUP 96 -032 March 3 1997 Page 5 for the specific plan The project has been reviewed and will not create additional impacts other than those previously identified in the Program EIR, as amended Applicable mitigation measures were identified in EIR 85 -2 as amended This proposal has incorporated those measures related to surface runoff, drainage flows, water quality and water percolation into either the submitted plans or will be included in the conditions of approval, where applicable Items c -f, h and i - "No Impact ". The proposed development is within the Specific Plan area The certified EIR 85 -2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to water quality The project has been reviewed and will not worsen or create additional impacts other than those previously identified on water quality in the Program EIR as amended Applicable mitigation measures were identified in EIR 85 -2, as amended, related to changes to water course direction, amount of surface water, discharge into surface waters, ground waters, reduction of amount of water, and exposure to water hazards would also be implemented at the time subsequent specific development plans are considered Sources. Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2 as amended East Tustin Specific Plan Mitigation /Monitoring Required. Mitigation measures identified in certified EIR 85 -2 as amended including plans to accommodate increased runoff flows associated with the proposed development by incorporating on -site and off -site drainage improvements, providing erosion control measures and developing appropriate pollution control plans have been incorporated into the project as submitted or will be incorporated as conditions of approval Erosion control measures will be developed and incorporated into final grading plans for the project to minimize potential increases in erosion and sediment transport during the short -term construction phases 5 AIR QUALITY Item a - "Potentially Significant Impact ". The subject site is within the project area for which the certified EIR 85 -2, as amended, determined that the ETSP will result in an • • Attachment A - Initial Study Responses VTT 14797, HR 96 -001 DR 96 -045 & CUP 96 -032 March 3 1997 Page 6 incremental degradation of air quality in conjunction with other past, present and reasonably foreseeable future projects The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects A Statement of Overriding Considerations was prepared to address necessary compromises for the overall benefit of the Specific Plan area and region The project has been reviewed and will not create additional impacts other than those previously identified impacts on Air Quality in the Program EIR, as amended Conditions of approval will be required for the project to meet applicable mitigation measures, as required by the certified EIR 85 -2, as amended Mitigation measures identified in EIR 85 -2 as amended related to air quality impacts such as encouraging the use of alternate transportation modes, and the encouraging of ridesharing will be incorporated as mitigation measures Items b, c and d - "No Impacts ". The development will not alter air movement, moisture temperature or cause any changes in climate or create objectional odors Sources. Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2 as amended East Tustin Specific Plan Mitigation /Monitoring Required. Construction activity dust generation shall be reduced through regular watering as required by the SCAQMD Rule 403 Additionally mitigation measures encouraging use of alternative transportation methods have been made available to the project as part of Tract 12870, the Sector level map These measures identified in certified EIR 85 -2, as amended, have been incorporated into the project as submitted or will be incorporated as conditions of approval 6 TRANSPORTATION & CIRCULATION Item a - "Potentially Significant Impact ". The subject single - family residential project is within the density range permitted by the ETSP The impacts from the project were previously addressed in certified EIR 85 -2, as amended The program EIR as amended, identified that ETSP will generate increased traffic in the vicinity The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects and • • Attachment A - Initial Study Responses VTT 14797, HR 96 -001, DR 96 -045 & CUP 96 -032 March 3, 1997 Page 7 chose to adopt a Statement of Overriding Considerations Applicable mitigation measures were incorporated into the ETSP, including a circulation plan intended to provide an adequate circulation system for specific plan traffic, and mitigate impacts on the existing circulation system The project will not create additional impacts other than those previously identified on the transportation and circulation in the Program EIR, as amended This proposal has incorporated applicable measures related to transportation /circulation into either the submitted plans or will be included in the conditions of approval where applicable, for the subject project Items b -q - "No Impact ". EIR 85 -2, as amended, identified impacts related to the proposed development and the resultant negative effects on traffic safety emergency access demand for new parking pedestrian circulation and alternative modes of transportation As all required parking would be provided on site, there would be no demand for additional parking As the surrounding roads have been designed to accommodate peak traffic demands the proposed project would not have a substantial impact upon existing transportation systems, as discussed above, nor would it impact the present patterns of circulation or movement of people and /or goods As the site plan is designed to the specifications of the ETSP, and the Tustin City Code, traffic hazards to motor vehicles, bicyclists or pedestrians would be mitigated No additional impacts would occur beyond those identified in the Program EIR, as amended Mitigation measures were identified in EIR 85 -2, as amended This proposal has incorporated those measures related to transportation and circulation into either the submitted plans or would be included in the conditions of approval, where applicable, for the subject project Sources. Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan Mitiqation /Monitorinq Required. Conditions of approval require that the private street system and residential development on the site shall meet the requirements of the ETSP, and the Tustin City Code Also, a condition of approval requires that a street improvement plan be provided for all construction within the public right -of -way Adherence to and compliance with the guidelines and provisions of the ETSP will • • Attachment A - Initial Study Responses VTT 14797, HR 96 -001 DR 96 -045 & CUP 96 -032 March 3, 1997 Page 8 ensure that the proposed development complies with mitigation measures specified in the certified EIR 85 -2, as amended 7 BIOLOGICAL RESOURCES Items a -e - "Potentially Significant Unless Mitigated ". The project site has been rough graded The site is within the ETSP area for which certified EIR 85 -2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to plant and animal life Applicable mitigation measures were identified in EIR 85 -2, as amended 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, as amended The subject site is enrolled in the State of California Resources Agency Natural Community Conservation Plan (NCCP) for Coastal Sage Scrub The purpose of the NCCP is to afford maximum protection to the California Gnatcatcher a Threatened Species observed in the region which utilizes Coastal Sage Scrub as habitat Coastal Sage Scrub has been identified within the subject property along the hillside slopes However, the subject property is located outside of the NCCP reserve area, and The Irvine Company, as the participating landowner in the NCCP, has a permit from the U S Fish and Wildlife Service to clear the area of any sage scrub as needed to accommodate development Sources Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2 as amended East Tustin Specific Plan Mitigation /Monitoring Required. 1 Any removal of Coastal Sage Scrub shall be in strict compliance with Permit Conditions for Federal Fish and Wildlife Permit No PRT- 910191 2 Mitigation measures require revegetation on graded and cut - and -fill areas where structures or improvements are not constructed, with consideration given to the use of drought - tolerant plant materials, such as the eucalyptus • • Attachment A - Initial Study Responses VTT 14797 HR 96 -001, DR 96 -045 & CUP 96 -032 March 3 1997 Page 9 pinus canariensis, schinus molle bougainvillea, and pittosporum These mitigation measures have been incorporated into the project as submitted, or will be incorporated as conditions of approval Items b and d - "No Impact ". No locally designated species, such as heritage trees or wetland habitat are known to exist on the project site 8 ENERGY & MINERAL RESOURCES Items a and c - "No Impact ". The proposed development will not create additional impacts than those previously identified on energy conservation or mineral resources with respect to adopted energy conservation plans or loss of available known mineral resources Item b - "Potentially Significant Unless Mitigation Incorporated ". Implementation of this project as well as 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 as amended, 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 as amended The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects A Statement of Overriding Considerations was adopted for the specific plan Consequently, mitigation measures were identified in EIR 85 -2 as amended This proposal has incorporated those measures related to energy into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project Sources. Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigation /Monitoring Required. Mitigation measures identified in certified EIR 85 -2, as amended, require that building construction shall comply with the Energy Conservation Standards set forth in Title 24 of the California Administrative Code that energy conservation techniques be considered that insulation of walls ceiling and floors be • • Attachment A - Initial Study Responses VTT 14797 HR 96 -001, DR 96 -045 & CUP 96 -032 March 3, 1997 Page 10 required, and that energy efficient lighting be used These mitigation measures related to energy, as applicable, have been incorporated into the project as submitted or will be incorporated as conditions of approval 9 HAZARDS Items a, b,d and e - "No Impact ". EIR 85 -2, as amended, identified no impacts to the project site related to the proposed development and the resultant negative effects from hazards Item c - "Potentially Significant Unless Mitigated ". EIR 85- 2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to human health Consequently, mitigation measures were identified in EIR 85 -2, as amended 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, as amended Sources. Submitted Plans Uniform Building and Fire Codes Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigation /Monitoring Required. None required 10 NOISE Item a - "Potentially Significant Impacts ". 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, as amended The City Council considered the benefits of the ETSP original program EIR as amended, and balanced those benefits against the project's unavoidable effects A Statement of Overriding Considerations was adopted for the specific plan The project has been reviewed and will not create additional impacts other than those previously identified in the Program EIR as amended Mitigation measures addressing the acoustic environment were identified in the program EIR, as amended, and are included in the submitted project, or would be conditions of approval • • Attachment A - Initial Study Responses VTT 14797 HR 96 -001, DR 96 -045 & CUP 96 -032 March 3 1997 Page 11 Item b - "No Impact ". The proposed development will not expose persons to severe noise levels Sources. Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigation /Monitoring Required. Mitigation measures identified by the program EIR, as amended include measures to mitigate exterior noise levels with the use of berms walls or a combination of both Landscaping materials and setbacks from the roadway are also included in the site design as mitigation measures Interior noise impacts where determined to be greater than the level permitted by the Noise Ordinance will be mitigated by providing improved noise rated windows In addition the City's Noise Ordinance No 828 has specific requirements in regard to construction noise Those measures identified in certified EIR 85 -2, as amended, and the City of Tustin Ordinance No 828, have been incorporated into the project as submitted or would be incorporated as conditions of approval 11 PUBLIC SERVICES Items a e "Potentially Significant 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 Impacts to public services were originally considered as part of EIR 85 -2, as amended The project will not create additional impacts other than those previously identified in the Program EIR as amended, as the impacts anticipated that the site would be designated as Low Density Residential by the land use plan, allowing up to 5 dwelling units per acre resulting in a maximum of 190 units The proposed project would provide 171 single - family residences with a density of 4 5 units per acre The subject site is within the Specific Plan area for which the certified EIR 85 -2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to public services The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable • • Attachment A - Initial Study Responses VTT 14797, HR 96 -001, DR 96 -045 & CUP 96 -032 March 3, 1997 Page 12 effects A Statement of Overriding Considerations was adopted for the Specific Plan Additionally, mitigation measures were identified in EIR 85 -2, as amended This proposal has incorporated those measures related to public services into either the submitted plans or will be included in the conditions of approval where applicable for the subject project Sources. Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2 as amended East Tustin Specific Plan Mitigation /Monitoring Required. Measures identified in certified EIR 85 -2, as amended, such as; stating the project sponsor shall work closely with the Police Department the Orange County Fire Department and other governmental services to ensure adequate security, safety and services for the project; a street improvement plan required for all construction in the public right -of -way and a parkland dedication for this project have been incorporated into the project These measures identified in the certified EIR 85 -2, as amended, have been incorporated into the project as submitted or will be incorporated as conditions of approval 12 UTILITIES & SERVICE SYSTEMS Items a -q - "Potentially Significant Impact" The ETSP will increase the demand for utilities The project will not create additional impacts other than those identified in the Program EIR, as amended 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 Considerations was adopted for the Specific Plan Sources. Field Verification Submitted Plans Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigation /Monitoring Required. None required 13 AESTHETICS • • Attachment A - Initial Study Responses VTT 14797 HR 96 -001, DR 96 -045 & CUP 96 -032 March 3 1997 Page 13 Items a and b "Potentially Significant Unless Mitigated ". The additional product type proposed to be added to the project include similar architectural features, detailing, colors and materials consistent with the previously approved units for the development The project is within the Specific Plan area and the certified EIR 85 -2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to aesthetics Consequently, mitigation measures were identified through Design Review in conjunction with EIR 85 -2 as amended This proposal has incorporated those measures related to aesthetics into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project No additional impacts would be created beyond those identified in the Program EIR, as amended Item c - "Potentially Significant Impact ". The proposed development will create additional light at the presently undeveloped site Lighting from pedestrian and street lights, decorative wall lights and outdoor private area lights will have a significant impact The project site is within the Specific Plan area in which the program EIR addresses the impact of development and the resultant negative effects from light and glare and the City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects A Statement of Overriding Considerations was adopted for the specific plan and mitigation measures were identified in EIR 85 -2, as amended This proposal has incorporated those measures related to light and glare into the submitted plans The mitigation measures would also be included in the conditions of approval for the project The project has been reviewed and will not create additional impacts other than those previously identified in the Program EIR, as amended Sources. Field Verification Submitted Plans Tustin City Code Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigation /Monitoring Required. Conditions of approval for the project require that a lighting plan be submitted for the project, and that no lights that create any glare or have a negative impact on adjoining properties shall be permitted 14 CULTURAL RESOURCES • Attachment A - Initial Study Responses VTT 14797, HR 96 -001, DR 96 -045 & CUP 96 -032 March 3, 1997 Page 14 Item a, c and d - "No Impact ". The subject site is within the Specific Plan area and the certified EIR 85 -2, as amended 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 Item b - "Potentially Significant Unless Mitigated ". EIR 85- 2, as amended, identified impacts related to archaeological resources related to the proposed development and the resultant negative effects to cultural resources The project has also been reviewed and will not create additional impacts other than those previously identified in the Program EIR, as amended, as this project is not within an area identified as an archaeological site Sources. Field Verification Submitted Plans Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigation /Monitoring Required. None Required 15 RECREATION Items a and b - "Potentially Significant Unless Mitigated ". The subject site is within the Specific Plan area and the certified EIR 85 -2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to recreation Parkland dedication of 1 02444 acres was previously dedicated as part of Tract 13627 to satisfy the parkland required by the ETSP Furthermore, all parks identified by the ETSP have been reserved for the purpose of providing recreation in the ETSP No additional impacts would occur beyond those identified in the Program EIR, as amended Sources. Submitted Plans Certified EIR 85 -2, as amended East Tustin Specific Plan Mitigation /Monitoring Required. None Required 16 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 • • Attachment A - Initial Study Responses VTT 14797 HR 96 -001, DR 96 -045 & CUP 96 -032 March 3, 1997 Page 15 achievement of any long -term environmental goals, nor have impacts which are potentially individually limited but are cumulatively considerable and could potentially have an indirect adverse impact on human beings The program EIR 85- 2, as amended 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 Mitigation /Monitoring Required None required GG.TT14797.ENV