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HomeMy WebLinkAbout03 VESTING PROP 12-07-98DATE: DECEMBER 7, 1998 NO. 3 12-7-98 Inter-Com . TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT 15707, ZONE CHANGE 98-004 AND DESIGN REVIEW 98-002 SUMMARY: Vesting Tentative Tract Map would subdivide a 3.5 acre site into 38 numbered lots= and 10 lettered lots for the purpose of constructing $8 single family residential units on property located at 120-250 Sixth StreeL Zone Change 98-004 would change the zoning from Multiple-Family Residential (R-3) and Central Business District (C-2P) to Planned Community (PC) and establish Planned Community District Regulations on the properties known as 120-250 Sixth Street and 715-765 E1Camino Real Design Review 98-002 would approve the site and architecture design of the projecL On November 23, 1998, the Planning Commission recommended that the City Council a£prove Vesting Tentative Tract Map 15707, Zone Change 98-004 and Design Review 98-002. Applicant: l~armington Homes Owner: Charles & Patricia Ford RECOMMENDATION That the City Council: 1. Adopt Resolution No. 98-107 approving the environmental documentation for the project; 2. Introduce Ordinance No. 1208 approving Zone Change 98-004 (previously identified as Zone Change 98-002); 3. Adopt Resolution No. 98-108 approving Vesting Tentative Tract Map 15707; and, 4. Adopt Resolution No. 98-109 City Council approving Design Review 98-002. FISCAL IMPACT The applicant has paid application fees to recover the cost of processing this application. In addition, it is anticipated that the Redevelopment Agency would enter into an agreement with the applicant to provide financial assistance for the project. City Council Report TT 15707, ZC98-004 & DR98-002 December 7, 1998 Page 2 BACKGROUND On November 2,1998, the City Council approved Final Parcel Map 98-161 for this site. The subdivision divided the existing site into two parcels. Parcel No. 1 is currently developed with a fifty-six (56) unit apartment complex. Parcel No. 2 is currently developed with approximately 8,600 square feet of retail commercial space. For the purpose of conveyance, the property line between the two existing parcels is jogged to address the Zoning and Uniform Building Code setback requirements of the existing commercial building. A condition was placed on the Final Parcel Map that requires the elimination of the jogged property lines and the demolition of the retail building appendage to conform to the Uniform Building Code requirements. The applicant proposes to Subdivide Parcel 1 of P.M. 98-161(a 3.5 gross acre site) into 38 numbered lots and 10 lettered lots to accommodate 38 single-family detached dwelling units and demolish an existing 56 unit apartment complex. The two commercial structures on Parcel 2, totaling approximately 8,600 square feet on a .3 gross acre site, are proposed to remain. On November 23, 1998, the Planning Commission reviewed the project and adopted Resolution Nos. 3636, 3637, 3638 and 3639 recommending that the City Council adopt the Final Negative Declaration and approve Zone Change 98-004, Vesting Tentative Tract Map 15707 and Design Review 98-002 (Attachment F). Site and Surroundinq Properties The project site is located at the southeast corner of El Camino Real and Sixth Street within'the Old Town and Town Center Redevelopment Project Area (see Location Map). Planning Area A of the project site is located on the south side of Sixth Street between Newport Avenue and El Camino Real and is developed with a 56-unit apartment complex. Planning Area B of the project site is located on the east side'of El Camino Real between Sixth Street and 150 feet west of Newport Avenue and is developed with two commercial structures. The project site has deteriorated creating blight within the neighborhood. Improving the conditions on these sites and creating home ownership opportunities are critical to the City's on-going efforts to stabilize this area. The site and surrounding developments are shown on the Location Map. Surrounding development includes: Proiect Area A · North - Vacant Lot/Residential Retirement Home · Southwest- Planning Area B · Southeast- Commercial Office Buildings/Parking Lot · West- Commercial Building/Parking Lot/Auto Repair Shop City Council Report TT 15707, ZC98-004 & DR98-002 December 7, 1998 Page 3 Proiect Area B · Northeast- Planning Area A · Northwest- Auto Repair Shop · Southeast-Commercial Office Building/Parking Lot · Southwest- (Across El Camino Real) Commercial Office Building DISCUSSION The discussion that follows includes analyses of the proposed zone change, project description, site plan, district regulations, access, parking and circulation, architecture, landscaping, housing requirements and environmental documentation. Zone Chanqe The property is designated as Old Town Commercial by the General Plan Land Use Element. The Old Town Commercial land use designation allows a variety of commercial uses. Other uses, such as residential development which support this land use, are allowed at the City's discretion. The Planned Community District provisions would determine the maximum residential density that would be compatible and appropriate for this area. The proposed project would eliminate 56 apartment units at a density of 16 units per acre and construct 38 single-family detached dwelling units. The proposed gross density would be 10.9 dwelling units per acre, which is approximately a 32 percent reduction in the existing density on the property and is comparable to the Medium Density Residential land use designation within the General Plan. To accommodate the proposed project, the applicant is proposing to change the zoning from Multiple Family Residential (R-3) within Planning Area A and from Central. Commercial District (C-2P) within Planning Area B to "Planned Community (PC)" and establish PC District Regulations (see Project Planning Areas and Planned Community Regulations - Exhibit A of Ordinance No. 1208). The District' Regulations establish consistent development standards such as allowed uses, building setbacks, building heights, parking requirements and other development standards for Planning Areas A and B. The uses permitted within the residential portion of Planning Area A include single family dwellings and home operated businesses. The uses permitted and conditionally permitted within the commercial portion of Planning Area B include the existing uses and other desirable uses that are consistent with the (Retail Commercial) C-1 and C-2 Zoning Districts. Project Description, Site Plan & District Regulations The proposed tentative tract map, site plan, and phasing plan are included as Attachment A. The residential project within Planning Area A includes three different single-family residential floor plans. All building types are proposed to be two-stories and between 23'8" and 24'8" in overall height. The different floor plans are proposed with floor areas City Council Report TT 15707, ZC98-004 & DR98-002 December 7, 1998 Page 4 ranging from 1,467 square feet to 1,804 square feet. Plan 1 and Plan 2 include three (3) bedrooms and 2~ bathrooms and Plan 3 includes three (3) bedrooms with 2~ bathrooms with options that include four (4) and five (5) bedrooms increasing the square footage an additional 139 square feet. The attached two-car garages have interior dimensions of 20' X 20'. The District Regulations identify proposed setback requirements from the tract boundary and front, side and rear yards. In general, 15 foot front building setbacks would be required; however, garages may be located a minimum of four (4) feet from the property line on lots specified with a minimum five (5) foot driveway as measured from the face of curb. The proposed side yard setback (when not adjacent to a private street or drive) is four (4) feet which would provide a distance between buildings of eight (8) feet. The rear yard setback is proposed to be ten (10) feet and will result in a minimum distance between buildings of 20 feet. Architectural features may be located a minimum of two (2) feet from the adjacent property line. The District Regulations require a two-car enclosed garage and .5 guest parking spaces for each unit. A total of 76 enclosed garage spaces and 19 on-street guest parking spaces will be provided. Should an individual owner own more than two 'vehicles, additional vehicles would need to be kept outside the subdivision boundaries. Please refer to the statistical summary sheet in Attachment B, which identifies the proposed development standards. COnstruction will occur in two phases. The first phase of construction within Planning Area A will include the models on lots 21, 22 and 23. The remaining lots will be built out in a single construction phase after completion of the models. Construction access will be taken from Sixth Street. Access, Circulation and Parking Access to the residential portion of the project within Planning Area A is provided by two 80-foot wide private entries from Sixth Street. The street system within the tract consists of one main loop around the site and a private drive extending from the loop. The private street has a 28-foot curb to curb dimension and a four (4) foot sidewalk on the outside edge of the loop-street. The inside edge of the loop-street has a four (4) foot wide landscape area to be maintained by the Homeowners' Association. The overall right-of- way is 36 feet. The width of the right-of-way is not wide enough to accommodate on- street parking; therefore, a total of 19 off-street parking spaces have been provided in five (5) areas of the site. The overall right-of-way of the private drive off of the loop-street is 24 feet wide. There are no sidewalks along this drive. There is 2.5 feet of landscape area on each side of the drive. All the streets/drives and facilities within the development are proposed to be private and will be maintained by the HomeoWners' Association. Access to the commercial site located in Planning Area B is provided by the existing driveways along El Camino Real. City Council Report TT 15707, ZC98-004 & DR98-002 December 7, 1998 Page 5 The project is estimated to generate approximately 380 vehicle trips per day. Due to the reduction in housing units, the number of trips per day would nOt be increased or negatively impact the Levels of Service (LOS) on the'adjacent streets. Sixth Street and El Camino Real are currently operating at LOS "A" and will continue to operate at LOS "A" with the project. The Newport/Sixth Street and Newport/El Camino Real intersections will also continue to operate at acceptable levels. Therefore, the City of Tustin Engineering Division ' determined that a Traffic Impact Report for the project would not be necessary. Architecture The residential portion of the project within Planning Area A includes three different -plans and three different styles of architecture: Craftsman, Cottage, and Early Californian (see Elevations/Floor Plans - Attachment C). These styles are present within the residential portions of Old Town. The front and side elevations viewed from the private and public streets are enhanced with architectural details such as wood siding, decorative vents, wood lookout, shutters, window trim, exposed'rafters, and decorative wood and iron guardrails. The roof material is proposed to be made of concrete tile in three compatible shades, matching the proposed style and color scheme. The color palette is consistent with the specific' style of the structures and each style has three proposed color schemes. Each color'scheme has a total of four colors for the stucco siding, wood siding or stucco accents, window trim and fascia and an accent color for the shutters. A material and color sample board will be available at the Planning Commission meeting. Changes to the commercial structures located in Planning Area B will be made and reviewed under a separate' application. The approved subdivision requires the demolition of a storage shed connected to the rear of one of the existing buildings within Planning Area B. The existing shed encroaches within Planning Area A which is the residential portion of the project. Landscape/Hardscape While a conceptual landscaping plan for the residential portion of the project has been prepared, the plan is general as to the specific location, size, quantities and materials that will be used (Attachment D). Final precise landscaping and irrigation plans are required by Condition 4.1 of Resolution No. 98-109. The conceptual landscape plan for Planning Area A includes a plant palette consisting of entry street trees of Silk Trees and California Sycamores. Street trees on the private streets include Magnolias, Brisbane Box, and California Sycamores. Additional landscape treatments are proposed around the off-street parking spaces and the perimeter landscaping along Sixth Street, which includes Golden Rain tree, Crape Myrtle, City Council Report TT 15707, ZC98-004 & DR98-002 December 7, 1998 Page 6 Mondel Pine, Italian Cypress, Califomia Pepper and African Sumac. Approximately 85, 15-gallon new trees will be planted within Planning Area A. Within Planning Area A, enhanced paving treatment consisting of Colored concrete pavers is proposed at the entrances into the site. The four (4) foot wide perimeter sidewalk around the main loop road will be scored in a 2' X 2' grid pattern similar to existing sidewalks in Old Town. Perimeter walls are proposed along the boundaries of the site and along the exterior sides of the residential lots (see Wall/Fence Plan - Attachment E). The proposed walls will have a slump cap matching the color of the slump block. Pilasters 7'2" in height are proposed at each comer and end of the wall. Due to a two-foot change in grade from the adjacent site, the perimeter wall along the southerly and eastedy property lines will be eight (8) feet in height as measured from the outside of the wall. All other perimeter and side yard walls are approximately 6'8" feet in height. Wood fences are proposed to be used on the interior yards between the properties and are 5'10" in height. The wood fences have been designed to include a galvanized steel pole, which will improve the life of the fence and eliminate post failure due to'water and weather conditions. A decorative 3'6" high wood picket fence with a gate and trellis is proposed at the front of each house emphasizing the front walkway area. The three trellis designs are consistent with the three different architectural styles. There are no proposed landscape or hardscape changes to the existing conditions of the Commercial portion of the project within Planning Area B. · Housinq Requirements The City's Housing Element has established a goal to "Increase the percentage of owner- occupied housing within the City" (Goal 3). The proposed project would achieve this goal by eliminating blighted apartment units and constructing new single-family detached dwellings which would offer individual ownership opportunities. Since this project site is within a Redevelopment Project Area, the issues related to replacement housing and affordable housing must be addressed. Article 9 of the California Redevelopment Law Section 33410 et seq., requires redevelopment agencies to rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, Iow and moderate income dwelling units which are lost as a result of a redevelopment project. Of the proposed 38 units, eight (8) units will be identified as affordable and restricted to households not exceeding the moderate income level as calculated from data provided by the U.S. Department of Housing and Urban Development. This is a required condition within the Disposition and Development Agreement (DDA) (see Conditions 10.1 through 10.4 of Resolution No. 98-108). City Council Report TT 15707, ZC98-004 & DR98-002 December 7, 1998 Page 7 Environmental Analysis A Negative Declaration has been prepared for this project (Attachment E). The attached Initial Study discusses potential impact categories and appropriate mitigation measures, including the issues discussed above. Any potential impacts can be mitigated to a level of insignificance and mitigation measures have been included as Conditions of Approval in Resolution No.s 98-108 and 98-109 for the project. ~_Lori A. Ludi Associate Planner LL:ccrept. TT15707 Elizabeth A. Binsack Director of Community Development Attachments: Location Map A. Tract 15707/Site Plan/Phasing Plan B. Statistical Summary C. Elevations/Floor Plans D. Conceptual Landscape Plan/Fence Wall Plan E. Negative Declaration F. Planning Commission Minutes - November 23, 1998 Resolution No. 98-107 Ordinance No. 1208 Resolution Nos. 98-108, 98-109 LOCAT! O N MAP ~ j~r i VESTING TENTATIVE TRACT MAP 15707, ZONE CHANGE 98-004, & DESIGN REVIEW 98-002 i i5~5 ', sIxTH sTREET ,o NO SCALE ATTACHMENT A TRACT 15707/SITE PLAN/PHASING PLAN ii 'h ,TTACHMENT B - Statistical Sun...,ry Vesting Tentative Tract Map 15707, Zone Change 98-004, Design Review 98-002 VVarmington Homes and De Beikes Investment Co. Requirement Planninq Area A Plannin,q Area B Gross Site Area Right-of-way & Parking Residential N/A 3.5 gross acres .3 gross acres 1.06 gross acres N/A 2.44 gross acres N/A Total Residential Units 38 maximum 38 units N/A Density 10.9 du/ac (gross) 10.9 du/ac (gross) N/A Minimum Lot Size 2,450 sq. ft. 2450 sq. ft. N/A Residential Building Setbacks Track Boundary Front Yard Side Yard Rear Yard 10 feet minimum 15 feet minimum 4 feet minimum 10 feet minimum 10 feet minimum N/A 15 feet minimum N/A 4 feet minimum N/A 10 feet minimum N/A Commercial Building Setbacks Front & Side Rear None 10 feet minimum N/A Existing N/^ Existing Maximum Height 35 feet 24'8" maximum Existing Resident Parking Guest Parking 2 car garage/dw. 19 open guest sp. .5 per unit 2 car garage/dw. N/A 19 open guest sp. Retail, service & restaurant uses 1:225 sq. ft. up to 40 seats in a restaurant. N/a, Existing 1:3 seats in a restaurant that exceeds 40 seats. N/A Existing PLAN SQ. FT. DESCRIPTION QUANTITY 1 2' 3 1,467 1,586 1804 - 1943 3 BD, 2.5 BA 3 BD, 2.5 BA 3-5 BD, 2.5 BA 10 15 13 26% 40% 34% TOTALS: 38 100% ATTACHMENT C ELEVATIONS/FLOOR PLANS 0 z ~o~-Ez 0 0 © z e.., 0 o ~ · 0 0 '1 ' b Z 0 0 _ @ ATTACHMENT D CONCEPTUAL LANDSCAPE PLAN & FENCE/WALL PLAN 0 > 0 ~0 z~ Z Z Z 0 z ~ Z ATTACHMENT E NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, C~4 92780 (714,) 573-3100 NEGATIVE DECLARATION Project Title: TT 15707, ZC98-002, DR98-002 Project Location:120-250 6TH STREET AND 715-765 EL CAMINO REAL, TUSTIN, CA 92780 ORANGE CO. Project Description: A REQUEST TO CHANGE THE ZONING ON THE PROPERTIES FROM R-3 AND C-2P TO PC TO ACCOMMODATE THE DEMOLITION OF 56 UNIT APARTMENT STUCTURES AND CONSTRUCT 38 SINGLE FAMILY DETACHED DWELLINGS AND REHABILITATE 8,600 SQUARE FEET WITHIN TWO EXISTING COMMERCIAL STRUCTURES Project Proponent: WARMINGTON HOMES CALIFORNIA & DEBEIKES INVESTMENT COMPANY Lead Agency Contact Person: LORI LUDI Telephone: 714-573-3127 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: [-] That there is no substantial evidence that the project may have a significant effect on the environment. That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration .during the review period, which begins with the public notice of Negative Declaration 'and extends for twenty (20) calendar 'days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON DEC'EMBER 7, 1998 End, beth A. B insack .... Community Development Director COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Tide: 'Fl' 15707, ZC 98-002, DR 98-002 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: LORI LUDI Phone: 714-573-3127 Project Location: 120-250 6TH STREET AND 715-765 EL CAMINO REAL Project Sponsor's Name and Address: · WARMINGTON HOMES CALIFORNIA 390 PULLMAN STREET, SUITE A COSTA MESA, CA 92626 AND General Plan Designation: OLD TOWN COMMERCIAL DEBEIKES INVESTMENT CO. 5289 ALTON PARKWAY IRVINE, CA 92604 Zoning Designation: R-3 AND C-2 Project Description: DEMOLITION OF 56 UNIT APARTMENT STUCTURES, CONSTRUCTION 38 SINGLE FAMILY DWELLINGS AND REHABILITAION OF 8,600 SQUARE FEET WITHIN TWO EXISTING COMMERCIAL BUILDINGS Surrounding Uses: North: COMMERCIAL South: COMMERCIAL East: COMMERCIAL West: COMMERCIAL 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 Managemem [--] Orange County EMA District Other B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. [--]Land Use and Planning [--]PopdatiOn and Housing [-]Geological Problems [-]Water [--]Air Quality [--~Transportation & Circulation [-]Biological Resources [-]Energy and Mineral Resources [-']Hazards [~Noise ~Public Services [--]Utilities and Service Systems [-~Aesthetics [--]Cul~al Resources [--]Recreation [--]Mandatory ,Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: [-] I find that the proposed project COULD NOT have a significant effect on the enviroment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [--] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [--] I fred that the'proposed project MAY have a significant effect(s)on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [-] I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. · [---] I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are im~on the proposed project. Signature ~~~f~. ~~/~ Date J/-~'-~ ~ Print Name ~:Z/~,,+g ~'T/-/ ~r. ,/:~/2V,5',4~/~ De ENVIRONMENTAL IMPACTS: Earlier analyses used: Available for review at: City of Tustin Community Development Department 1. LAND USE & PLANNING- WouM the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land uses in the vicinity? d) Affect agricultural resources or operations? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? 2. POPULATION & HOUSING- WouM the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? 3. GEOLOGIC PROBLEMS - WouM the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? g) Subsidence of land? h) Expansive soils? i) Unique geologic or physical features? 4. WATER - WouM the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?. b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O. 0 0 0 0 0 0 0 0 0 f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? 5. AIR QUALITY - Would the proposal: . o 0 a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? TRANSPORTATION & CIRCULATION- Would the proposal result in: a) b) c) d) e) f) g) Increased vehicle trips or traffic congestion? Hazards to safety fi~om design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) Inadequate emergency access or access to nearby uses? Insufficient parking capacity onsite or offsite? Hazards or barriers for pedestrians or bicyclists? Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES - Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? e) Wildlife dispersal or migration corridors? ENERGY & MINERAL RESOURCES - Would the proposal: a) Conflict with adopted energy conservation plans? b) Use nonrenewable resources in a wasteful and inefficient manner? c) Result in the loss of availability of a known mineral resource that would be of future value to the region? Potentially Significant Impact . _~entially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F~' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9. HAZARDS - WoUld the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? 10. NOISE - Would the proposal result in: 11. 12. a) Increases in existing noise levels? b) Exposure of people to severe noise levels? PUBLIC SERVICES - Would the Proposal have an affect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other government services? UTILITIES & SERVICE SYSTEMS- Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal?- g) Local or regional water supplies? 13. AESTHETICS - Would the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? Potentially Significant Impact Potentially Significant Unless Mitt'gation Incorporated Less than Significant Impact No Impact O O O O O O [5] O O O 0 0 0 14. CULTURAL RESOURCES - Would the proposal?: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Have the potential to cause a physical change which would affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within the potemial impact area? 15. RECREATION - WouM the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? 16. MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining leVels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory b) c) Does the project have the potential to achieve short-term to the disadvantage of long-term, environmental goals? Does the project have imPacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? . .,~entially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact E] ~q 0 0 Fl E] F1 ~ 0 0 0 ~ 0 0 0 ~q 0 0 0 ~ E] E] E] ~q ge EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. Attachment A Discussion of Environmental Evaluation TT15707, ZC98-004 & DR98-002 · October 30, 1998 le Land Use - A- "Potentially Significant Unless Mitigation Incorporated", B-D "No Impact" Planning Area A- Residential is approximately 3.5 acres in size.. Planning Area B- Commercial is approximately .3 acres in size. Both Planning Areas are designated as "Old Town Commercial" by the City's Land Use Element of the General Plan. This land use designation allows residential uses as part of any Planned Community (PC) District Regulations with Planning Commission approval. Planning Area A is currently zoned Multiple Family Residential (R-3) which allows apartment units as an outfight permitted use. Planning Area B-Commercial is currently zoned Central Commercial District (C-2) and is presently developed with 8,611 square feet of retail and restaurant floor area. Planning Area A-Residential is presently developed with 56 apartment units at a gross density of 16 dwelling units per acre. The proposed project includes the complete demolition of the existing 56-apartment unit complex,' including all structures and site improvements. New development proposed for the site includes the construction of 38 single family detached dwellings at a gross density of approximately 11 dwelling units per acre. The proposed density is approximately a 32 percent reduction over the existing density. No physical changes to the existing commercial development within Planning Area B is proposed at this time. To accommodate the proposed development, the applicant has requested a zone Change to change the zoning on the property from R-3 (Multiple Family Residential) and C-2 (Central Commercial District) to PC (Planned Community). Pursuant to City Code Section 9244, the approved development plan, along with the written standards which are proposed as "District Regulations" comprise the specific development standards and uses which would be used to govern the property. Source: Proposed Development plans Tustin General Plan, Land Use Element Tustin Municipal Code City of Tustin, Community Development Department Mitigation / Monitoring: All development shall comply with the approved development plans and the District Regulations approved in conjunction with Zone Change ZC 98-004 and Design Review DR 98-002, which addresses allowed uses, building height, building setbacks, parking requirements, and other site development standards, to ensure that the development of the proposed 38 single family detached dwelling unit development would not have a significant effect on the neighborhood. Attachment A - Discussion of Eh..~onmental Evaluation TT15707, ZC98-004, DR98-002 October 30, 1998 Page No. 2 e Population & Housing - A & B "No Impact", C "Potentially Significant Unless Mitigation InCorporated" - The proposed project is a residential infill project and would not result in an increase in population. The site is currently developed with 56 apartrnent units which are proposed to be demolished and replaced with 38 single family detached dwelling units. The R-3 zoning designation indicates that the Multiple Family Residential designation would permits one unit per 1,750 square feet of area. Based upon this rate, the existing apartment complex could have been expected to generate 84 units. Since the project is an infill project in an existing residential neighborhood, the project would actually reduce population density on the property and in the Surrounding area. The project site is located within the Town Center Redevelopment Project Area of the City. The proposed project is a residential infill project and would affect existing housing, but would not creme a need for additional housing beyond what is proposed to be constructed. The site is currently developed with 56 apartment units which are proposed to be demolished and replaced with 38 single family detached dwelling units. The proposed new construction of 38 single-family detached dwelling units would offer new housing oppommities and eliminate a blighted condition within this portion of the City. The City's Housing Element has established a goal to "Increase the percentage of ownership housing to ensure a reasonable balance of rental and owner-occupied housing within the City" (Goal 3). The proposed project would directly achieve this goal by eliminating blighted apartment units and constructing new single family detached dwellings, which would offer individual ownership opportunities. Since this project site is within a Redevelopment Project Area, the issues related to the replacement housing and affordable housing must be addressed. Article 9 of the California Community Redevelopment Law Section 33410 et seq., requires redevelopment agencies to rehabilitate, develop or construct or cause to be rehabilitated, developed or constructed, low and moderate income dwelling units which are lost as a result of a redevelopment project or when persons are displaced as a result of the redevelopment project. California Community Redevelopment Law Section 33413 requires that at least 15% of the units developed in the Project Area by public entities other than the Redevelopment Agency (including such entities receiving Agency assistance) must be affordable to low and moderate income persons and households. Of those units, 40% must be affordable to very low income households this (translates to a very low income requirements of 6% of the total units). The units must remain affordable for the longest time feasible, but for not less than the period of the longest time feasible, but for not less than the period of the land use controls established in the Redevelopment Plan, which would be enforced through CC&R's and deed restrictions on the specific properties. In addition, Policy 1.4 of the Housing Element promotes dispersion and integration of housing for low and very low income families throughout a community as opposed to within a particular geographic area or neighborhood. Attachment A - Discussion of tmvironmental Evaluation TT15707, ZC98-004, DR98-002 October 30, 1998 Page No. 3 Based upon the proposed 38 units, 6 units would need to be identified as affordable and located within the Project Area to satisfy the requirements of Redevelopment Law. The U.S. Department of Housing and Urban Development (HUD) publishes figures which are the accepted standards to determine income eligibility requirements. Moderate income groups would be those households with incomes between 81% and 110% of area median; Low income groups between 51% and 80% of area median; and Very Low income groups below 50% of the area median. Based upon published HUD figures as of 1998, the'median income for a family of four in the Santa AnaJOrange area is $65,800. Based upon the median income, the affordable units would need to be affordable to those households of four with the incomes as follows: Moderate Income (110% of median) $72,380 Low Income $52,640 (80% of median) Very Low Income (50% of median) $32,900 These HUD figures vary depending upon household size and are adjusted annually to reflect the change in median income over time. Source: City of Tustin, Community Development Department Tustin General Plan, Land Use Element Tustin General Plan, Housing Element California Redevelopment Law Tustin Comprehensive Affordable Housing Strategy U.S. Department of Housing and Urban Development Mitigation/Monitoring: The applicant shall be required to develop an affordable housing program in compliance with applicable provisions of California Community Redevelopment Law. Selected dwelling units to satisfy affordable requirements shall be dispersed throughout the Project Area so as to not concentrate the selected un/ts in any one portion of the project based on Policy 1.4 of the General Plan Housing Element. Provisions shall be made in the CC&R's for the development and separate deed restrictions recorded on each selected property identifying the affordable housing program, including, but not limited to, income restrictions and time limits under the program. Details of the affordable housing program, as well as, provisions contained in the CC&R's and the separate deed restrictions, shall be subject to the approval of the Community Development Department and City Attorney prior to the issuance of any permits for the project or approval of the final map which ever occurs first. Attachment A - Discussion of Eh, ,~onmental Evaluation TT15707, ZC98-004, DR98-002 October 30, 1998 Page No. 4 3, Geological Problems - A-E and G-I "No Impact", F - "Potentially Significant Unless Mitigation InCorporated" - The subject site is currently developed with 56 apartment units and is relatively flat in its topographical features. The proposed development of the site would require the complete .demolition of the existing improvements on the property, as well as, minor grading activity, compaction of the soil, fill, and the overcovering of the soil to create the new lots, building pads and private streets. Appropriate grading plans and soils reports would be required as part of the City's review and Building Permit plan check process. The site will not be impacted by any landslides, seiche, tsunami, volcanic action, erosion, or subsidence since note of these geological features are present on-site or in the vicinity. According to the City of Tustin General Plan there are no Alquist-Priolo Special Study Zones on or near the site. However, the site is subject to seismic shaking as a result of the site's proximity to regional fault lines such as the Newport-Inglewood Fault. Tustin is subject to expansive soils and liquefaction due to the high ground water table in the area. However, common construction practices such as removal and recompaction of the site soil and remedial grading will mitigate any potential impacts associated with geological conditions. Sources: Field Observations Submitted Development Plans City of Tustin, General Plan City of Tustin, Community Development Department Mitigation / Monitoring: The following mitigation measures would be required to be satisfied prior to issuance of any building permits for the project: Ao The applicant shall submit a soils report to the Building Division completed within twelve- (12) months prior at Building Permit Plan Check. B, The applicant shall submit grading plans identifying the scope of work at Building Permit Plan Check. All work shall be done in conformance with the Uniform Building Code, Grading Code and Grading Manual as required by the Building Official. e Water - A "Less Than Significant", B-E "No Impact" - The proposed project which is currently developed with 56 apartment units which are proposed to be demolished. New site improvements and structures would add impervious surfaces to the site which would alter drainage and run-off patterns within the limits of the property. As proposed, the northem portion of Planning Area A would drain south toward the southern most comer of the Planning Area into a drainage easement. Drainage is then directed toward the public street. The adjacent commercial properties facing E1 Camino 'Real drain into a catch basin which directs drainage through a storm drain and onto the Attachment A - Discussion of ~- ¢ironmental Evaluation TT15707, ZC98-004, DR98-002 October 30, 1998 Page No. 5 subject site, continuing south as stated above. Further, the mount and direction of groundwater flow will not change. It is not anticipated that this project will substantially contribute to the drainage flow. The subject site is not located near any standing.or moving bodies of water. According to the Flood Insurance Rate Map, the property is located outside the 500-year flood zone. Therefore, the potential exposure to flooding is not.anticipated. Sources: Field Observations City of Tustin, Community Development Department City of Tustin, Public Works Department Flood Insurance Rate Map. Mitigation / Monitoring: The following mitigation measures would be required to be satisfied prior to issuance of any building permits for the project: Ao The site will be designed so that all private street surface nm-off is directed to and picked up by the storm drain system. g. All grading and drainage plans shall be subject to review and approval by the City of Tustin's Building Division and the Public Works Department to confirm compliance with Drainage Area Management Plan and Construction Standards for Private Streets, Storm Drains and on-site Private. Improvements prior to construction. Co The applicant shall be required to obtain all applicable approvals and permits from the Orange County Flood Control District for connection to the existing flood control channel. D. The site shall be designed to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year and dedication of any necessary easements on the final map as required. All finish floor elevations of the dwellings shall be protected from the 100-year flood evaluation. Bo All landscaping and irrigation shall be designed to be consistent with the City's Landscaping and Irrigation Guidelines which includes the use of landscaping timing devices to ensure watering efficiency. Fo The applicant shall make use of water conserving plumbing fixtures throughout the building in accordance with California Health and Safety Code Section 17921.3 Attachment A - Discussion of Eh, ,~onmental Evaluation TT15707, ZC9g-004, DR9g-002 October 30, 1998 Page No. 6 Air Quality_ A, C, & D "No Impact" B "Potentially Significant Unless Mitigation Incorporated" - The proposed project would not result in any substantial long-term emission or degradation to the existing ambient air qUality, nor would it alter air movement, moisture, temperature or cause any changes in climate. The construction of 38 single family detached units is below the Southern California Air Quality Management District's threshold of 166 units, for single family residential development. However, with the demolition of the existing improvements and the construction of the new improvements there may be short-term air quality pollutants such as dust particles, which will be emitted into the air. Conditions of approval will be required for the project to minimize construction activity dust generated as part of this project. No significant impacts are expected Sources' Submitted Development Plans City of Tustin, Community Development Department Mitigation/Monitoring: The applicant shall comply with the grading plan approvals with regard to dust control, which requires the applicant to apply water to the site as specified in the Grading Code and Grading Manual. This will be monitored by the Building Division when demolition and construction commenceS. e Transportation & Circulation - A-G "No Impact" -.Primary access to the development will be from 6th Street and E1 Camino Real. In the project' vicinity, 6th Street is classified as a "Local Street" and is currently operating at a Level of Service (LOS) "A", E1 Camino Real is classified as a "Secondary Arterial" and is currently operating at a LOS of"A", and Newport Avenue is classified as a "Primary Arterial" and is operating at a LOS of"C". The noted LOS was derived from the most recent Citywide Annual Average Daily Traffic (ADT) counts, performed in December of 1997. The busiest intersection within the vicinity is the Newport and E1 Camino Real intersection which is currently operating at a LOS "C". Due to the reduction in housing units, the number of trips per day would not increase or negatively impact the LOS of the adjacent streets. Therefore, the City of Tustin Engineering Division determined that a Traffic Impact Report for the project would not be necessary. In summary, the project is estimated to generate approximately 380 vehicle trips per day. The City of Tustin Engineering Division has determined that the Newport/6th Street and the Newport/E1 Camino Real intersections will continue to operate at acceptable levels of service with the additional project traffic. However, policy 1.6 in the Circulation Element states that the City should continue to require dedicatiOn of fight-of-way and construction of street improvements on streets adjacent to construction projects at the developer's expense. City Code Section 7220 and 9372 would require the applicant to provide ultimate public improvements for the development. Attachment A - Discussion of Environmental Evaluation TT15707, ZC98-004, DR98-002 October 30, 1998 Page No. 7 e 0 Based on the above information it is determined that the proposed project would not have a significant traffic impact upon the circulation system and would not have a significant impact to the area in the form of cumulative negative circulation impacts. Source: City of Tustin, Engineering Division Tustin General Plan, Circulation Element Traffic Impact Study Mitigation/Monitoring: Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. Any damage done to existing street improvements shall be repaired before issuance of a Certificate of Occupancy for any lots within the project. Biological Resources - A-E "No Impact" - The project site is currently developed with 56 apartment units. The subject site is located within an urban area and is currently not inhabited by any known species of animals. The existing development includes a variety of ornamental landscaping which has been left in poor condition. There are no locally designated species or natural community of species of habitat nor wetland habitat. Since all existing improvements on the property will be demolished, new ornamental landscaping would be reestablished in the development to conform with the requirements of the City of Tustin's Landscape and Irrigation Guidelines. The project would not have any impacts on the animal populations, diversity of species or migratory patterns. No endangered, threatened or rare species or their habitats exist within the subject site and therefore will not be negatively impacted from the proposed project. Sources: Field Observations Proposed Development Plans Mitigation/Monitoring: All landscaping shall be designed, installed and maintained in accordance with the City's Landscape and Irrigation Guidelines. Energy_ & Mineral Resources - A - C "No Impact" - The proposed project would not result in any significant change in the current use of energy given that the site is currently developed with 56 apartment units and new construction would include 38 single family detached dwelling units. However, new utility service would be required as is customary with new construction. Electrical' and gas capacities required for the project are existing and are adequate to serve the propoSed project. Source: City of Tustin, Public Works Department Mitigation / Monitoring: The applicant shall consult with the various utility companies which would provide service to the development to incorporate energy and water conserving systems and design features into the project. The Community Development Department shall review plans to assure all buildings comply with standards contained in Title 24 of the Uniform Building Code. Attachment A - Discussion of En, .. onmental Evaluation TT15707, ZC98-004, DR98-002 October 30, 1998 Page No. 8 o . 10. H~zards - A - C - "No Impact", D & E - "Potentially Significant Unless Mitigation Incorporated" - The proposed project would not result in any significant risk of upset (i.e. explosion, etc.) given the scope and nature of the proposed residential development. As mentioned in Item g4 above, exposure to flooding is not anticipated as the project site is located outside the 500-year flood zone. There is no area of flammable brush proposed for the site. However, the proposal will include new landscaping which will include grass and trees. These will be subject to the property maintenance requirements within the City Code. The existing 56 unit apartment structure contains asbestos which will be removed and disposed of in accordance with Section 25163(c) of the California State Health and Safety. Code. The proposed development would not in itself create conditions that negatively affect 'human health and should not expose future residents to any potential health hazards. Source: Proposed Development Plans City of Tustin, Community Development Department City of Tustin, Police Department Orange County Fire Authority Tustin City Code Mitigation / Monitoring: The following mitigation measures would be required to be satisfied prior to issuance of any building permits for the project: Ao All construction shall be in accordance with applicable Uniform Building and Fire Codes. Such compliance shall be verified during the plan check process prior to the issuance of any Building permits and during construction. B, All construction shall comply with the District Regulation for the development which addresses building height, building setbacks, allowed uses, parking requirements and other development standards. Noise - A and B "Potentially Significant Unless Mitigation Incorporated" - The proposed project would not add new noise sources into the area as the site is presently developed with 56 apartment units which generate a certain amount of noise from previous activities of the residents. The demolition and new construction of the proposed development will result in short term construction noise impacts, which will require compliance with the City's Noise Ordinance. Potential noise sources include vehicular traffic noise from 6th Street, E1 Camin0 Real, Newport Avenue and aircraft overflights. 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 dBa CNEL in outdoor living areas and an interior standard of 45 dBa CNEL in all habitable rooms. Evidence Attachment A - Discussion of Environmental Evaluation TT15707, ZC98-004, DR.98-002 October 30, 1998 Page No. 9 11. 12. 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. Source: City of Tustin, Community Development Department Tustin General Plan, Noise Element Mitigation/Monitoring: A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the 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. This would include design features to mitigate potential noise from 6th Street, E1 Camino Real, Newport Avenue and aircraft overflight. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. Public Services - A, B, D & E -"No Impact", C-"Potentially Significant Unless Mitigation Incorporated"- The demolition of the existing 56 apartment unit complex and construction of 38 single family detached dwelling units would reduce the existing number of units. However, .the schools within the vicinity and the school district operations may be potentially impacted with the addition of any new students. The project is not expected to impact any other public facilities, public service or governmental service. Source: City of Tustin, Community Development Department. Tustin Unified School District Mitigation/Monitoring: The applicant shall pay' applicable School Impact Fees to the Tustin Unified School. District, subject to the provisions of any agreement reached between the applicant and the District. Utilities & Service Systems - A - G "Potentially Significant Unless Mitigation Incorporated" - The proposed project would not result in any significant change in the current need for electricity, sewer, storm drain and water utilities given that the site is currently developed with 56 apartment units and new construction would include 38 sign family detached dwelling units. However, new utility service would be required as is customary with new construction. Utilities required for the project are existing in the vicinity and are adequate to serve the proposed project. Source: City of Tustin, Public Works Department City of Tustin, Community Development Department Mitigation / Monitoring: The following mitigation measures would be required to be satisfied prior to issues of any building permits for the projects: A. All utilities exclusively serving the site shall be installed underground. Attachment A - Discussion of Env ~ronmental Evaluation TT15707, ZC98-004, D1C08-002 October 30, 1998 Page No. 10 B. Mitigation Measures identified in Item #9 above shall be satisfied. 13. Aesthetics - A & B - "No Impact", C - "Potentially Significant Unless Mitigation Incorporated" - The property is currently developed with 56 apartment units. The property, site improvements, landscaping and structures, are in poor condition. Demolition of the existing site and structural improvements would remove a blighted condition within this neighborhood. The proposed development would include the construction of 38 two story, two and three bedroom, single-family detached dwelling units. The project would improve the' aesthetics in the vicinity due to the construction of new units that are compatible with Old Town Tustin. Details of the project include three different styles of architecture: Craftsman; Cottage; and Early Californian. These styles are present within the residential portions of 'Old Town". The colors and materials are traditionally consistent with the specific style of the structure and typically have stucco siding in earth tones, with accent colored shutters, railings, and balconies. The unit sizes range from 1,460 square feet to 1,800 square feet. New site improvements and landscaping would be provided. Specific 'District Regulations are proposed in conjunction with the zone change (ZC 98- 004) request which would establish consistent development standards such as allowed uses, building setbacks, building heights, parking requirements and other development standards. The proposed project would add new light and glare into the area. However, the site is presently developed with 56 apartment units which also generates light and glare from the lighting of the parking areas and buildings. Any exterior lighting that would be provided would comply with the City of Tustin Security Ordinance which in part requires a minimum of 1 foot-candle and .25 foot-candles of light to be illuminated in the parking areas and pedestrian areas respectively. In addition, standard street lighting in conformance with the City's Private Street Construction Standards would be required. The project Site is not located on a scenic highway or in the vicinity of a scenic highway. Source: Proposed Development Plans Tustin Municipal Code Proposed District Regulations ' Field ObservatiOns City of Tustin Security Ordinance Mitigation/Monitoring: The following mitigation measures would be required to be satisfied prior to issuance of any building permits for the project: Attachment A - Discussion of Environmental Evaluation TT15707, ZC98-004, DR98-002 October 30, 1998 Page No. 11 14. 15. Ao All new construction shall comply with the District Regulation for the development which address building height, building setbacks, allowed uses, parking requirements and other development standards. Be Landscaping for the site shall be designed and installed consistent with the City's Landscaping and Irrigation Guidelines, subject to approval of the Community Development Department. Co The applicant shall provide a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All exterior lighting shall be designed and arranged so not to direct light or glare onto adjacent properties. All lighting shall be developed to provide a minimum of one (1) foot- candle of light coverage in parking areas and .25 foot-candles of light coverage in pedestrian areas, in accordance with the City's Security Ordinance. Cultural Resources - A-D "No Impact" - The subject property is not located within the City's Cultural Resources Overlay District. The structures on the adjacent properties are not identified as part of the Cultural Resources District.' There are no identified cultural, historic or archaeological resources identified on or around the site. Therefore, project will have no impacts on cultural resources. Source: City of.Tustin, Historical Resources Survey City of Tustin General Plan City of Tustin, Community Development Department Mitigation / Monitoring: None required. Recreation - A - "Potentially Significant Unless Mitigation Incorporated", B - "No Impact" - The project which includes residential use, could create a demand for additional recreation needs. Although the property is currently developed with 56 apartment units, residents of single-family detached dwelling units typically have more recreational needs than that of apartment residents. The closest public park is Peppertree Park located on First Street, between "A" and "B" Streets, which is approximately .2 miles from the project site. In lieu fees to satisfy parkland dedication requirements are required to ensure that the project would have no impact on the quality of City wide recreation opportunities. Source:. City of Tustin, Parks and Recreation Department Mitigation / Monitoring: In lieu fees to satisfy park land dedication requirements shall be provided for this development in accordance with the City Council Resolution No. 81- 7, or other applicable in lieu fees in effect at the time of issuance of building permits. 16. Mandatory Findings of Significance - A-C - "No Impact": Attachment A - Discussion of E~a,., onmental Evaluation TT15707, ZC98-004, DR98-002 October 30, 1998 Page No. 12 As discussed above, the proposed project involves the demolition of 56 apartment units that are in blighted-condition and the new construction of 38 single-family detached dwelling units. Based upon the responses to items 1-15 in this Initial Study, the review of City files, records and documents and the nature of the project, the project is not anticipated to significantly impact wildlife, fish, flora, fauna or cultural resources. As designed and conditioned, the project would not achieve short-term goals to the disadvantage of long-term environmental goals, specifically with regard to traffic and circulation, aesthetics and light and glare. In reference to the project background discussion provided herein, the project will not contribute to the demand individually and will have limited impacts cumulatively. As a result of the preparation of and as discussed in this Initial Study, mitigation measures have been identified and have either been implemented in the project's design or will become Conditions of Approval. Any potential impacts associated with this project have been mitigated to a level of insignificance. Sources: As previously stated. Mitigation/Monitoring: As previously stated. RESOLUTION NO. 98-107 ]0 ]8 20 22 23 24 25 26 2? 28 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 98-004, VESTING TENTATIVE TRACT MAP 15707 AND DESIGN REVIEW 98-002 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. Zone Change 98-004, Vesting Tentative Tract Map 15707 and Design Review 98-002 are considered "projects" pursuant to the terms of the California Environmental Quality Act. B. A Negative Declaration has been prepared for this project and has been distributed for public review. Co Whereas, the Planning Commission and City Council of the City of Tustin have considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. D, The City Council has evaluated the proposed final Negative Declaration and determined it to be adequate and complete. II. A Final Negative Declaration has been completed in compliance with CEQA and State guidelines. The City Council, having final approval authority over Zone Change 98-004, Vesting Tentative Tract Map 15707 and Design Review 98-002 has received and considered the information contained in the Negative Declaration, prior to approving the proposed project, and found that the Negative Declaration adequately discussed the environmental effects of the proposed project. The City Council has found that the project involves no potential for an significant impact, either individually or cumulatively,' on wildlife resources and makes a De Minimis Impact Finding related to Fish and Game Code Section 711.4. On the basis of the initial study and comments received during the public review process, the City CoUncil has found that, although the proposed projects could have a potential significant impact on the environment, there will not be a potential significant impact on the environment in this case because mitigation measures identified in the Negative Declaration have been incorporated into the project 20 2] 22 23 24 25 2? 28 29 Resolution 98-107 Page 2 which mitigate any potential significant environmental impacts to a point where cleady no significant impact would occur and are identified in Exhibit A to the attached Negative Declaration and' initial study and are adopted as findings and conditions of the City Council Resolution No's. 98-108 and 98-109, incorporated herein by. reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 7th day of December, 1998. THOMAS R. SALTARELLI Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ·) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five.; that · the above and foregoing Resolution No. 98-107 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of December, 1998, by the following vote: COUNCILMEMBER AYES:. COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK ]0 20 24 25 28 29 ORDINANCE NO. 1208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 98-004 TO CHANGE THE ZONING FROM MULTIPLE-FAMILY. RESIDENTIAL (R-3) AND CENTRAL BUSINESS DISTRICT (C-2P) TO PLANNED COMMUNITY (PC) AND ESTABLISH PLANNED COMMUNITY DISTRICT REGULATIONS ON THE PROPERTIES KNOWN AS 120-250 SIXTH STREET AND 715-765 EL CAMINO REAL AND DESCRIBED AS ASSESSOR'S PARCEL NO. 401- 642-04 OF TRACT 15707. The City Council of the City of Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: Ac That a proper application, Zone Change 98-004, was filed by Warmington Homes and Deibeikes Investment Co. requesting approval to change the zoning from Multiple-Family Residential (R3) and Central Business District (C- 2P) to Planned Community (PC) and establish Planned Community District Regulations on the properties known as 120-250 Sixth Street and 715-765 El Camino Real and described as Assessor's Parcel No. 401-642-04 of Tract 15707. B. That a public hearing was duly called, noticed and held on said applications on November 23, 1998 by the Planning Commission; C. That a public hearing was duly called, noticed and held on said applications on December 7, 1998 by the City Council; D. That a Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act for the subject project. Eo That proposed Zone Change 98-004 would provide for a single-family detached dwelling unit project which is presently limited in the Town Center portion of the city. F. The project is consistent with and implements Goal 4 of the Land Use Element of the General Plan which encourages the revitalization and rehabilitation of the . City's older existing housing stock. Go The project is consistent with and implements Goal 3 of'the Housing Element of the General Plan which encourages a balance of rental and owner-occupied housing within the City. H, That the project has been reviewed for consistence with the Air Quality Sub- Element of the City of Tustin General Plan and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub- Element. Proposed Zone Change 98-004 would not be detrimental to the public health, safety and general welfare in that the zone change would accommodate the demolition of an existing 56 unit apartment complex which is considered to be in a blighted condition within the neighborhood and contributes to an increase in local crime, drug abuse and vandalism. ]0 14 20 2! 22 24 25 26 Ordinance No. 1208 Page 2 II. The City Council hereby approves Zone Change 98-004, to change the zoning from Multiple-Family Residential (R-3) and from Central Business District (C-2P) to Planned Community (PC) and adopt the related Planned Community District Regulations attached hereto as Exhibit "A" on the properties located at 120-250 Sixth Street and 715- 765 El Camino Real and described as Assessor's Parcel No. 401-642- 04 of Tract 15707. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 5th day of January, 1999. THOMAS R. SALTARELLI Mayor PAMELA STOKER City Clerk ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) ORDINANCE NO. 1208 SS PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No.1208 was duly and regularly introduced and read at the regular meeting of the City Council held on the 7~ day of December, 1998 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 5t~ day of January, 1999 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: EXHIBIT A OF ORDINANCE NO. 1208 PROPOSED PLANNING AREAS & PLANNED COMMUNITY DISTRICT REGULATIONS m Z ~.,:. ,;,...~,,., ".,, ~ :l' ... '~,",. ~,.-,'x II,".; x. '.~-~ ~_ ! :~ "/.- ~',. "'::"'x 'x.. t ,;...,.; i I ~.' !-~ , ;.~.. · -~ .-'-.'°,,~ \\ . :.., ·: .~'. · ~-~ *: ,-.'::., "'''' : LLI m m , Ambrose Lane PLANNED COMMUNITY DISTRICT REGUI~ATIONS Prepared by: CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way Tustin, CA 92780 ' (714) 573-3140 Ordinance No. December ,1998 1.0 INTRODUCTION The regulations set forth in this set of District Regulations for the Ambrose Lane Planned Community has been established to satisfy the Planned Community District requirements of the Tustin City Code and to provide diversification among the relationship of uses, buildings and structures in planned building groups. The application of these regulations is specifically intended to encourage the appropriate use of land and create a harmonious residential and commercial development to protect the health, safety and general welfare of the community and provide the flexibility needed to create a quality environment. Development within the Ambrose Lane Planned Community shall occur consistent with these Planned Community District Regulations. 2.0 STATISTICAL SUMMARY There are two (2) distinct and separate planning areas provided within the Ambrose Lane Planned Community. The land use designations are shown in Exhibit 1 with a statistical summary of each planning, area as follows: Planning Area A - Residential: Is approximately 3.5 acres i.n size and is designed for not to exceed 38 ownership tenure single-family detached dwellings. The conceptual site plan for the development of Planning Area A is shown in Exhibit 2. Planning Area B - Commercial: Is approximately .3 acres in size ~nd currently includes approximately 8,611 square feet of retail and restaurant floor area. The conceptual site plan for the development of Planning Area B is shown in Exhibit 3. Floor Area Ratio shall not exceed the maximum allowed by the Tustin General Plan. No changes to this Section of the District Regulations would be required with respect to future changes and adjustment to the development. However, any new construction, alterations or modifications to the development or individual property would need to comply with all applicable provisions contained in Section 3.0 and 4.0 of these district Regulations, and the Tustin General Plan. Ambrose Lane Planned Community District Regulations 1 3.0 LAND USE REGULATIONS The land uses and development standards contained within this Section act as a principle part of the controlling mechanism for implementation of the Planned Community District designation for this development. Standards set forth in this Section will ensure that development within the Ambrose Lane Planned Community proceeds in a consistent and appropriate manner as the community matures. 3.1 Planning Area A A. Purpose & Intent The residential component of the Ambrose Lane Planned Community is intended to provide small lot, single-family detached dwellings situated on private streets and drives. The development includes common open spaces for the enjoyment of all residents. A Homeowners Association will be created to ensure adequate maintenance and management of the development and common area amenities. The Ambrose Lane Planned Community will offer new ownership housing opportunities and eliminate a blighted condition within this portion of the City. Bm Permitted & Conditionally Permitted Uses The following uses shall be permitted by right as a principal use in Planning Area A where the symbol "P"' occurs, and by approval of a Conditional Use Permit where the symbol "C" occurs: . Single Family Detached Housing P Home Based Businesses (when operated consistent with applicable provisions of the Tustin Zoning Code) P Gl Temporary Uses Temporary uses shall be regulated pursuant to the applicable provisions of the Tustin City Code. D. Unlisted Uses Those uses not specifically listed are not permitted. Ambrose Lane Planned Community District Regulations 2 E. General Development Standards 1. Minimum Lot Size: 2,450 Square Feet. 2. Gross Density: 10.9 units per acre. 3. Lot coverage: 100-percent less setbacks and open space areas. 4. Open Space: 400 square feet per unit which may be included in common area; A minimum of 150 square feet shall be provided .for private use on a ground level and open on three sides. Areas excluded from the open space requirement include all structures, private streets and drives, above ground patios and parking lots. 5. Building Setbacks: ao Track Boundary: The minimum building setback from any tract boundary shall be ten (10) feet. b. FrontYard: The minimum front yard setback shall be 15- feet. An attached garage may be setback a minimum of four (4) feet only on those Lots specified with a five (5) foot driveway as shoWn in Exhibit 2. Living area may be provided above the garages on those Lots with a five (5) foot driveway. Co Side Yard: The minimum side yard setback shall be four (4) feet. do Rear Yard: The minimum rear yard setback shall be ten (10) feet. 6. Building Height: 35-feet, including roof mounted equipment and chimneys. 7. Projections into Required Setbacks: a. Covered Patios, Trellis or Canopies: Shall not cover more than fifty (50) percent'of the private open space, and in no event closer to the property lines than permitted by the Uniform Building Code. Ambrose Lane Planned Community District Regfilations 3 o b. c. Eaves, Cornices, Chimney, Balconies & Other Similar Architectural Features: Shall not project more than two (2) feet into any required building setback, and in no event closer to the property lines than permitted by the Uniform Building Code. Swimming' Pools & Spas: Shall conform with the applicable provision of the Tustin City Code. Fences1 Walls & Hedges' a. Perimeter Fencing: Top of wall, fences and hedges around the perimeter of Planning Area A shall be a minimum of 6'-0" and a maximum of 6'-8" in height measured from the adjacent finish grade on the interior of the residential lots in Planning Area A and subject to visual clearance requirements. The maximum height may be exceeded when a greater height is required as noise mitigation identified in a noise report approved by the Community Development Department. b. Interior Side and Rear Fencing: Top of walls, fences and hedges shall be a maximum of 6'-8" measured from the highest adjacent grade. Co Front Yard Fencing: Top of fences within the front yard setback area shall be a maximum of 36-inches, except for any arbor elements over the entry sidewalk to a residence which shall not exceed eight (8) feet in height. .. Parking Requirements: a. A minimum of two (2) enclosed garage spaces shall be provided for each dwelling unit. In addition, a minimum of 19 open and unassigned parking spaces shall be provided within the development. b. Parking area dimensions, locations and access shall conform to the City's design review criteria on file in the Community development Department. At a minimum, garages shall be a 20'x20' inside clear dimension. Open parking spaces shall be a minimum of 9 feet wide by 18-feet deep. 'Up to a two (2) foot overhang may be permitted into a landscape planter or sidewalk area provided the sidewalk Ambrose Lane Planned Community District Regulations 4 10. C, d, has sufficient width to comply With accessibility requirements. No parking shall be permitted at any times on Lots with driveways less than 17-feet in length. Automatic garage door openers and sectional rollup doors shall be required on all units. Private Streets: a. Private Streets Private streets with no parallel parking within the travel way shall have a minimum travel way width of 28 feet curb face-to-curb face. ii. Sidewalks shall be required on one side of the street as conceptually shown on Exhibit 1. Any exception other than shown on Exhibit 1 shall be subject to approval by the Building Official and the Community Development Department. Sidewalks, where provided, shall be four feet in width and otherwise designed in accordance with Standard B102 of the City's Construction Standards for Private Streets, storm Drains and On-Site Private Improvements, and subject to compliance with applicable accessibility requirements of the Americans with Disabilities Act, Title 24 of the Uniform Building Code as locally amended, and the Department of Housing and Urban Development's Fair Housing Accessibility Guidelines. b. Private Drives Private drives with no parallel parking within the travel way shall have a minimum travel way width of 24-feet curb face-to-curb face. Where rolled curbs are provided, the travel way shall be measured from flow line-to-flow line. Where private drives exceeding 150' in length dead- end, they may end in cul-de-sacs, hammerheads or punchouts as long as adequate maneuverability and turning radius is provided for vehicles, including emergency vehicles and trash trucks. Ambrose Lane Planned Community District Regulations 5 11. III. Sidewalks are not required within private drives. Sidewalks, where provided, shall be designed in accordance with Standard B102 of the City's Construction Standards for Private Streets, Storm Drains and On-Site Private Improvements, and subject to compliance with applicable accessibility requirements of the Americans with' Disabilities Act, Title 24 of the Uniform Building Code as locally amended, and the Department of Housing and Urban Development's Fair Housing Accessibility Guidelines. Other Development Standards: Any development standard which is nbt specifically identified within the District Regulations shall be subject to the applicable provisions of the Tustin City Code. 3.2 PLANNING AREA B A. Purpose & Intent The commercial component of the Ambrose Lane Planned Community is intended to permit retail commercial and restaurant uses. The Ambrose Lane Planned Community and will offer attractive and enhanced retail space at a major gateway into the Old Town area and eliminate a blighted condition within this portion of the City. B. Permitted & Conditionally Permitted Uses The following uses shall be permitted by right as a principal use in Planning Area B where the symbol "P" occurs, and by Conditional Use Permit where the symbol "C" occurs. 1. Retail Businesses: a) Alcoholic beverage sales establishments subject to the following criteria: c Off-site sales establishments shall be located a minimum distance of 100-feet from any residentially zoned or used property; 300-feet from any other existing off-site sales establishment; and 600 feet from any church, public or private school, playground or hospital. b) Art, antiques and collectables, gifts P Ambrose Lane Planned Community District Regulations 6 c) Art goods d) Appliance, furniture, household furnishings stores e) Bakeries f) Bicycle sales, including repairs and service g) Books and stationary h) Clothing Confectionery Convenience stores. (Ord. No. 981, Sec. 1, 5-4-87) j) Drug store, including sundries and notions k) Dry goods I) Florist shops m) Grocery stores n) Handcraft industries, small-scale manufacturing o) Hardware stores, excluding equipment rentals p) Jewelry stores, including repair and watchmaking q) Leather goods r) Musical supplies and instruments s) News stands t) Office supplies and equipment sales u) Paint and wallpaper stores v) Pet shops and pet grooming w) Radio Stores x) Religious supplies p. P P C C P P P P P C P Ambrose Lane Planned Community District Regulations 7 y) Shoe stores z) Sporting goods, not including boat and motor sales aa) Variety stores bb) Video rental stores P . Service Businesses: a) Automated teller machines b) Banks and finance institutions c) Barber and Beauty shops d) Blueprinting companies e) Consumer products repair f) Drive-in establishments for permitted uses g) Drycleaning and laundry establishments, excluding cleaning and laundry plants h) Figure model studios i). Fraternal organizations and lodges, membership organization facilities j) Health and fitness facilities k) Home improvement design center I) Indoor recreation centers m) Interior decorators n) Job printing o) Libraries and museums p) Locksmiths P P P P P C. P C C C P C P P P P Ambrose Lane Planned Community District Regulations 8 q) Photograph galleries P r) Printing and publishing s) Restaurants, not including drive-thru t) Seamstress or millinery shops u) Shoe or luggage repair shops v) Social halls, community centers w) Studios' (art, dance, music, photography, etc.) x) Tailor shops y) Telephone answering services z) Theaters, auditoriums, meeting halls aa) Travel agencies bb) Typing and addressing services 3. Professional Offices for: a) Architect b) Attorney c) Chiropractor d) Dentist e) Doctor f) Engineer g) Land Surveyor h) Oculist i) Optometrist P P P P C C Ambrose Lane Planned Community District Regulations 9 4. General Offices for:' a) Accountants P b) Advertising agency P c) Contractors and building consultants d) Drafting P e) Economic consultant · f) Escrow P g) Insurance P h) Real estate P 5. Development or construction of new building C structures where more than fifty (50) percent of the. total floor area, or any portion of the ground floor area is designated for occupancy by professional or general offices. (Ord. No. 896, Sec. 3, 11-21-83). C. Temporary Uses Temporary uses shall be regulated pursuant to the applicable provisions of the Tustin City Code. D. Unlisted Uses Those uses not specifically listed are subject to the determination by the Community Development Director. as either permitted by right, subject to the approval of a Conditional Use Permit, or not allowed consistent with the purpose, intent and similar to the allowed uses in Planning Area B. Decisions of the Director may be appealed to the Planning Commission. E. General Development Standards 1. Minimum Lot Size: N/A 2. Lot coverage: 100-percent less parking, landscaping and setback requirements. '~' Ambrose Lane Planned Community District Regulations 10 . . . o . Building Setbacks: a. Front Yard: None. b. SideYard: None. C. Rear Yard' The minimum rear yard setback shall be ten (10) feet. Building Height: 35 feet, including roof mounted equipment. Fences, Walls & Hedges: a. Perimeter Fencing: Top of wall, fences and hedges adjacent to Planning Area A shall be a minimum of 6'-0" and a maximum of 6'-8" in height measured from the adjacent finish grade on the interior of the residential lots in Planning Area A .and subject to visual clearance requirements. The maximum height may be exceeded when a greater height is required as noise mitigation identified in a noise report approved by the Community Development Department. b. Interior Fencing' No walls or fences are required between other commercial or office properties. Where provided, top of walls, fences and hedges shall be a maximum of 6'-8" measured from the lowest adjacent grade. Parking Requirements: ao Parking for existing retail, commercial service and restaurant uses shall be provided at .a rate of one (1) space for each 225 square feet of gross floor area. This rate includes up to a forty (40) seat restaurant. (previously authorized by CUP 96- 010). Restaurant seats that exceed the aggregate total of forty (40) shall provide parking at a rate of one (1) space for each three (3) seats. Co Other uses shall provide parking at rates required by the Tustin City Code. Other Development Standards: Any development standard which is not specifically identified within the District Regulations shall be subject to the applicable provisions of the Tustin City Code. · Ambrose Lane Planned Community District Regulations 11 4.0 IMPLEMENTATION & ADMINISTRATION 4.1 Responsibility The Community DeVelopment Department of the City of Tustin responsible for the administration and enforcement of provisions regulations, shall be of these 4.2 Interpretations If ambiguity arises concerning the appropriate application of provisions contained in these District Regulations, the Community Development Director shall make the appropriate determination. In making a determination, the Director shall .consider the following, but not by way of limitation: A. Prior administrative interpretation of similar provisions; B. General intent and purpose of these District Regulations; C. Provisions contained in the General Plan; and, D. Other provisions of the Tustin City Code where standards do exist. Any decision of the Director may be appealed to the Planning Commission. 4.3 Subdivisions 4.4 All divisions of land shall be processed in accordance with the Tustin City Code and State Subdivision Map Act. Variances, Conditional Use Permits & Other Discretionary ACtions All applications shall be processed in accordance with the Tustin City Code. 4.5 Amendment to District Regulations Any amendment to these District Regulations contained herein which change the allowed uses within the development, impose any regulation upon property not therefore imposed, or removes or modifies any such regulation shall be initiated and processed in the same manner set forth in the Tustin City Code for amending the Zoning Code. Ambrose Lane Planned Community District Regulations 12 4.6 Enforcement The Ambrose Lane Planned Community District Regulations are adopted by Ordinance and are therefore subject to penalty' provisions of the Tustin City Code. Specifically, violations of land use or development standards shall be Subject to penalty provisions and citation procedures of the Tustin City Code, in addition to the City's authority to seek civil litigation in a court of law. 4.7 Severability Clause If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of these District Regulations is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of these District Regulations. The Tustin City Council hereby declares that these District Regulations and each part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion thereof would have been adopted irrespective of the fact that one or more portions of the District Regulations may be declared invalid, unconstitutional, or unenforceable. Ambrose Lane Planned Community Dislxict Regulations 13 i Ambrose Lane Planned Community District Regulations 14 ' . Ambrose Lane Planned Community District Regulations 15 Z Z w~ O~ I rn I X Ambrose Lane Planned Community District Regulations 16 ]7 2O 22 23 24 25 26 27 29 RESOLUTION NO. 98-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 15707 TO SUBDIVIDE A 3.5 ACRE SITE INTO 38 NUMBERED LOTS AND 10 LETTERED LOTS FOR THE PURPOSE OF CONSTRUCTING 38 SINGLE FAMILY RESIDENTIAL UNITS ON PROPERTY LOCATED AT 120-250 SIXTH AND 715-765 EL CAMINO REAL. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application for Vesting Tentative Tract Map No. 15707 was filed by Warmington Homes California and Deibeikes Investment Co. to subdivide a 3.5 acre site into 30 numbered lots and 10 lettered lots for the purpose of constructing 38 single family units on property located at 120-250 Sixth Street and 715-765 El Camino Real. B. That a public hearing was duly called, noticed and held for said map 15707 on November 23, 1998 by the Planning Commission and on December 7, 1998 by the City Council. C. That a Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act for the subject project for the requirements of CEQA; D. That the proposed subdivision is in conformance with the City of Tustin General Plan and the Subdivision Map Act as it pertains to the development of residential property; E. That th'e project has been reviewed for consistence with the Air Quality Sub- Element of the City of Tustin General Plan and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub- Element. F. That the Vesting Tentative Tract 15707 would not have an impact on School District facilities. 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; l0 20 22 24 25 2? 28 29 Resolution No. 98-i08 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; Jo 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; Lo 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; M. The proposed project has been determined to be exempt from the provisions of Measure "M" in that the additional traffic generated by the proposed project onto the Arterial Highway System does not cause the roadway system to exceed the established level of service standards; II. The City Council hereby approves Vesting Tentative Tract Map 15707, to subdivide a 3.5 acre site into 38 numbered lots and 10 lettered lots for the purpose of constructing 38 single family residential units on property located at 120-250 Sixth Street and 715-765 El Camino Real, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 7th day of December, 1998. THOMAS R. SALTARELLI MAYOR PAMELA STOKER CITY CLERK l0 14 l? 20 22 24 2? 28 29 Resolution No. 98-108 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 98-108 duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of December, 1998, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A RESOLUTION 98-108 CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 15707 GENERA'L 1.1 (1) 1.2 (1) 1.3 (1) 1.4 The subdivider shall comply with all conditions of PM 98-161 and Resolution No. 98-109. Within 24 months from 'tentative map approval, the subdivider shall file with the appropriate agencies, a final map prepared in accordance with subdivision requirements of 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. Prior to occupancy of any buildings, the subdivider shall' record a final map in conformance with appropriate tentative map. Prior to final map approval: A. Subdivider shall submit a current title report. B. Subdivider shall submit 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. Subdivider shall cOnform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. Prior to release of building permits, all conditions of approval for Design Review 98-002 of the subject project shall be complied with or incorporated into applicable working drawings as shown on Exhibit A attached to Resolution 98-109 incorporated herein by reference. SOURCE CODES (1) STANDARD CONDITION (5) (2) (3) (4) CEQA MITIGATION (6) UNIFORM BUILDING CODE(S) (7) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution No. 98-108 December 7, 1998 Page No. 2 Approval of Vesting Tentative Tract Map 15707 is subject to City Council approval of Zone Change 98-004. Should the City Council not approve the Zone Change, the.subject Vesting Tentative Tract Map shall become null and void. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) (2) (3) (5) 2.1 A separate 24"X 36" street improvement planl as prepared by a California Registered Civil Engineer, will be .required for all construction within the public right-of-way. ~Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plans shall include, but not limited t° the following: A, C, D. F. G. H. I. J. K. Curb and guttedcross gutters. Sidewalks including access facilities for physically handicapped persOns. Drive aprons/approach. Street paving. Street trees. Sanitary sewer facilities. Domestic water facilities. Storm drain connection. Undergrounding of existing and proposed utility distribution lines. Fire hydrants. (1) 2.2 All construction within a public right-of-way and/or public easement must be shown on a separate 24"X 36" plan as prepared by a California Registered Engineer with all construction referenced to applicable City or County standard drawing numbers. (1) (6) (6) 2,3 2.4 .All changes in existing curbs, gutters, improvements shall be the responsibility of the subdivider. sidewalks, and other public The subdivider is responsible for construction of catch basins, storm drain laterals and junction structures at the intersection of Sixth Street with "A" and "B" Streets. 2.5 The subdivider is responsible for the reconstruction of the existing grate inlet catch Exhibit A Resolution No. 98-108 December 7, 1998 Page No. 3 (6) basin with curb inlet type catch basin on the south side of Sixth Street adjacent to this development. (1) 2.6 Preparation of plans for and construction of: Ao 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 Orange County Sanitation District No. 7. B, A domestic water system must be to the standards of the City of Tustin Water Operations. 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. 1) (5) (6) 2.7 Proposed streets shall be designed to the following specifications: A, All proposed streets 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 and drives shall be constructed in accordance with City requirements in terms of type and quality of material used. Ce The right-of-way line shall be located 8 feet behind the curb face pursuant to the City of Tustin local street standard. (1) 2.8 The developer shall be responsible for any traffic signing and/or striping along Sixth Street which will be required as a result of this development. A 24"X 36" reproducible signing and striping, plan will be required and said plan shall be prepared by a California Registered Civil Engineer. (5) 2.9 The developer shall provide a 24"X 36" reproducible work are traffic control plan will be required and said plan shall be prepared by a California Registered Civil Engineer. (1) (5) 2.10 The developer shall be responsible for providing a complete hydrology study and hydraulic calculations which shall be submitted for review and approval prior to permit issuance. Exhibit A Resolution No. 98-108 December 7, 1998 Page' No. 4 (5) 2.11 (1) (1) (1) (2) (5) (6) (1) (5) In addition to the normal full size plan submittal process, all final plans for tract maps, r right-of-way maps, records of survey, and public works improvements are also required to be submitted to the Public Works Department/Engineering Division in computer aided drafting and design (CADD) format. The acceptable formats shall be Intergraph DGN or AutoCad DWG file format, but in no case less than D×F 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. As an option, the applicant may submit manually prepared plans and in lieu of CADD files, pay a "processing fee" to the City to have the drawings converted into CADD format. This fee will cover the City's costs to transfer the information from the above noted plans to CADD so that it can be integrated into the City's infrastructure base map. The processing fee will be determined on a case by case basis after the plans have been submitted for review. 2.12 All utilities exclusively serving the site shall be undergrounded. 2.13 The pay phone and kiosk located in front of the existing restaurant at 765 El Camino Real within Planning Area B, shall be removed prior to recordation of the final map. 2.14 Both the horizontal and vertical intersection site lines will need to be checked per the. County of Orange Public Facilities and Resources Department Standard No. 1117 for all affected streets. The site lines need to be shown on the final grading and landscaping .plans. All landscaping within the limited use area will need to comply with the Orange County Public Facilities and Resources Department Standard No. 1117. PLAN SUBMITTAL 3.1 The subdivider shall satisfy dedication and/or reservation requirements as applicable,including but not limited to dedication of all required street and flood control right-of-way easements as identified on the subject tentative tract map and as conditioned in this Exhibit, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. 3.2 Dedication of additional street right-of-way is required at the two Sixth Street entrances. The dedication shall extend from the "Begin Curb Return" to the "End Curb Return" of the entrances to the street and shall be consistent with City Standard No. 124. Exhibit A Resolution No. 98-108 December 7, 1998 Page No. 5 (1) 3.3 (5) (1) (2) (5) An easement for water main purposes shall .be provided tO the City. This easement shall be over the entire right-of-way area of "A" Street, "B" Street and "C" Streets and extend four feet on each side of the right-of- way lines. 3.4 The subdivider must provide execution of a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer prior to recordation of the final map. 3.5 The .developer and/or Home Owners' Association shall be required to enter into an agreement with the City of Tustin Public Works Department for the landscape and maintenance of the dedication areas from 'the property line to the curb in the public right-of way along Sixth Street. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) (2) (6) (1) (6) (1) (1) (1) (2) (6) 4.1 Prior to recordation of the final map, the subdivider shall post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to the completion of the development or City appearance of public streets, an additional incremental deposit will be required. 4.2 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. 4.3 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from an applicable fees paid to the Public Works Department. 4.4 Approximately 25 feet of red curb shall be required on both sides of each entry street intersection with Sixth Street to provide adequate intersection sight distance. The exact length of the red curb shall be determined by the City Public Works Department at the time street improvement plans (i.e. signing and striping plans) are prepared for the tract. GRADING/GENERAL 5.1 Prior to the issuance of grading permits: 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 Exhibit A Resolution No. 98-108 December 7, 1998 Page No. 6 other applicable State and local requirements. laws, regulations and Bo Preparation and submittal of a final approval by the 'Department of delineating the following information: grading plan subject to Community Development . Methods of drainage in accordance with all applicable City standards. . All recommendations submitted by geotechnical or soils engineer and specifically approved by them. . Compliance with conceptual grading shown on tentative tract map. . All pertinent elevations as they pertain to the public right-of- way along with: a. final street elevations at key locations, and bm final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevations as defined by FEMA. . A drainage plan and necessary support documents such as hydrology calculations to comply with the following requirements: al 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 rain fall which may be expected from all storms up'to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow and ponding across lot lines. Co Provision of drainage facilities to protect the lots from any high velocity scouring action. Exhibit A Resolution No. 98-108 ~December 7, 1998 Page No. 7 d. Provision for tributary drainage from adjoining properties. 5. All flood hazard areas of record. , 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, slopes gradients, etc., and may require certification of any grading related matter. . Note on plans that a qualified paleontologist/archaeologist, as appropriate, shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archaeOlogist subject to review and approval by the Department 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. . Preparation of a sedimentation and erosion control plan for all construction work related tot he subject tract including a method of control to prevent: dust and windblown earth problems. '(1) (3) 5.2 All earthwork shall be performed in accordance with the City of Tustin Municipal codes and grading requirements. (5) (5) FIRE DEPARTMENT 6.1 Prior to the recordation of a final tract map, water improvement plans shall be submitted and approved by the Fire Chief to ensure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution for the fire hydrants will be evaluated and approved by the Fire Chief. 6.2 Prior to the issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to and approved Exhibit A Resolution No. 98-108 December 7, 1998 Page No. 8 by the Fire Chief. This letter and plan shall state that water for fire fighting purposes and an all weather fire access roads shall be in place before any combustible materials are placed on the site. (5) 6.3 Prior to the issuance of any building permits.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. 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) 6.4 Prior to the issuance of any certificates of occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Department Standard. On private property these markers are to be maintained in good condition by the property owner. (5) 6.5 Prior to the issuance of any grading permits, plans for all streets and courts, public or private, shall be submitted to and approved by the Fire Chief. The plans shall include section views, and indicate the width measured flow line to flow line. All proposed fire apparatus turnarounds shall be cleady marked. In addition, all enhanced paving shall be built to withstand the weight of 68,000 pounds. (5) 6,6 Prior to the issuance of any grading permits, street improvement plans with the fire lanes shown shall be submitted to and approved by the Fire Chief. Indicate the locations of red curbing and signage. Provide a drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color. The CC&Rs shall contain a fire lane map. and provisions which prohibit parking in the fire lanes, a method of enforcement shall be included. (5) 6.7 Prior to the recordation of.a final tract map, all fire protection aCcess easements shall be approved by the Fire Chief and dedicated to the appropriate county/city. The CC&Rs shall contain a provision which prohibits obstructions within the fire protection access easements. Fire Chief approval shall be required for any modifications such as speed bumps, control gates or changes in parking plan within said easement. (5) 6.8 Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Orange County Fire Authority. Exhibit A Resolution No. 98-108 December 7, 1998 Page No. 9 NOISE (3) 7.1 Prior to issuance of any Certificates of use or Occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to regulations may be required by the Building official to verify compliance with STC and IIC design standards. 7.2 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 unless the building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is warded or during progress of the work. CC&RS (1) (3) 8.1 Prior to approval of the final map, all organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approVed by the Community DeVelopment Department and City Attorney's office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after their recordation. CC&Rs shall include but not be limited to the following provisions: Ao Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of a homeowner's Association, the City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected by the following B through Q. However, the City shall not be obligated to enforce the CC&Rs. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences and paseos. D. Membership in any Homeowners Association shall be inseparable from ownership in individual dwelling units. Exhibit A Resolution No. 98-108 December 7, 1998 Page No. 10 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&Rs. Examples of maintenance standards are shown below: (1) All common area landscaping and private lawn areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and fee of weeds above the level of the lawn. All planted areas other than lawns shall be free of weeds, dead vegetation and debris. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to. eliminate exposed surface roots and damage to sidewalks, driveways and structures. (2) 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 the boundaries of the subdivision and Homeowners Association, to surrounding property, or to Property or improvements within three hundred (3000 feet of the property may also be added as alternative language. Go Homeowners Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans submitted to the .city shall bear the Association's stamp and authorized signature of approval. Ho 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 Exhibit A Resolution No. 98-108 December 7, 1998 Page No. 11 purpose of loading, unloading, .making deliveries or emergency repairs except that the Homeowners Association may adopt rules and regulations to authorize exceptions. All utility services serving the site shall be installed and maintained underground as depicted on the site plan. Jo The Homeowners Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for 'the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations.' Ko Disclosure information related to subdivision, as approved by the Development Department. aircraft noise impacting the City of Tustin Community Lo Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary by a Homeowners Association. This shall not preclude a Homeowner's Association from assessing charges to individual property owner for structural damage to the wall or fence. M, No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the city has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. No Maintenance of all manufactured slopes on individual lots shall be the responsibility of the individual property owners.' Oo The Homeowners' Association is responsible for monitoring and enforcing any and all parking and traffic regulations on private streets. The project CC&Rs 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 Exhibit A Resolution No. 98-108 December 7, 1998 Page No. 12 fines, collecting fines and enforcement/monitoring by private security companies/persons. To ensure the proper use of parking spaces within the subdivision, CC&Rs shall include the following acknowledgements and restrictions, which shall also be signed as a separate notification and acknowledgement, by each new homeowner in the subdivision: . The project is required to provide .5 guest spaces per unit; individual owner shall have no right to use guest spaces for any vehicle. . Individual owner understands that the subdivision has strict parking regulations that will be enforced by the Homeowners Association. . Should an individual owner own more than two vehicles, additional vehicles shall be kept outside of the subdivision boundaries. . Individual property owners shall park. vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be able to be parked within the required garage spaces. Prior to implementation of such a program, copies of the approved 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. HOMEBUYER NOTIFICATION (2) 9.1 Prior to issuance of Certificate of Occupancy: A, The subdivider shall submit for review and approval of content by the Director of Community Development, a copy of sales literature for the residential project with the approved aircraft/helicopter noise statement and the approved schools notification statement, printed on it. Any changes to the sales literature after initial City approval Exhibit A Resolution No. 98-108 December 7, 1998 Page' No. 13 shall be submitted to the Director of Community Development for approval. Bo The subdivider shall provide the city with a copy of the approved aircraft noise statement which shall contain a disclosure document on John Wayne AirPort aircraft noise. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of community development prior to circulation. Co 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. Do The subdivider shall provide'the City with a statement, signed by each homebuyer, containing a comprehensive description of all private and public improvement and developments adjacent or in close proximity to the proposed development. AFFORDABLE HOUSING PROGRAM 10.1 All provisions and. requirements of the Disposition and Development Agreement (DDA) shall be implemented. (2) 10.2 The applicant shall prepare an affordable housing program in compliance with applicable provisions of California Community Redevelopment Law and the (DDA) for this project. (2) 10.3 The units must remain affordable for the longest time feasible, but for not less than the period of the land use controls established in the Redevelopment Plan. Selected dwelling units to satisfy affordable requirements shall be dispersed in conformance with the requirements within the DDA. Provisions shall be made in the CC&R's for the development and separate deed restrictions recorded on each 'selected property identifying the affordable housing program. Exhibit A Resolution No. 98-108 ' December 7, 1998 Page No. 14 *** 10.4 (2) The latest available U.S. Department of Housing and Urban Development figures shall be used at the time building permits are issued for each unit within this project. These figures may vary depending upon the household size and adjustments to reflect the change in median income over time. FEES (1) 11.1 Prior to issuance of any building permits, payment shall be made of all required fees including, but not limited to: Ao Major thoroughfare and bridge fees to the Tustin Public Works Department, as applicable. The current fee is $2,670. Any credits . for the existing buildings may be applicable and will be determined by the Transportation Corridor Agencies. Bo Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees. Current fees are $2360 per dwelling unit. A credit for the existing building may be applicable and will be determined by the County Sanitation District. C. School facility fees to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. D. In lieu park land dedication fees to the City. Eo New development fees in the amount of $350 per unit to the Community Development Department. (5) 11.3 Prior to the recordation of the final map; the subdivider shall provide executed subdivision/monumentation agreements and furnish improvement/monumentation bonds as required by the City Engineer. RESOLUTION NO. 98-109 ]0 ]4 ]6 20 2! 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 98-002 FOR A 38 SINGLE-FAMILY DETACHED DWELLING UNIT PROJECT TO BE CONSTRUCTED ON TRACT 15707 LOCATED AT 120-250 SIXTH STREET. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application, Design Review 98-002, was filed by Warmington Homes requesting approval of a 38 unit single-family detached project on a 3.5 gross acre site identified as Vesting Tentative Tract 15707 located at 120-250 Sixth Street. B. That the subject property is located within the Town Center Redevelopment Project Area. Pursuant to City Code Section 9299b(4)c, the Zoning Administrator has forwarded action on Design Review 98-002 to the City Council. C. That a public hearing was duly called, noticed and held on said applications on November 23, 1998 by the Planning Commission and on December 7, 1998 by the City Council. ' D. That a Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act for the subject project. E. That the project has been reviewed for consistence with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element. F. Pursuant to Section 9272 of the Tustin Municipal Code, the City Council finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occuPancy as a whole. In making such findings, the City Council has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. ]4 ]5 ]7 ]8 20 2.] 23 24 26' ?-8 Resolution 98-109 Page No. 2 . , 10. 11. 12. 13. Size and spacing of windows, doors and other openings. Towers, chimneys, roof structures, flagpoles, radio and. television antennae. Landscaping, parking area design and traffic circulation. Location, height and standards of exterior illumination. Location and appearance of equipment located outside of an enclosed structure. Location and method of refuse storage. Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Development Guidelines and criteria as adopted by the City Council. II. The City Council hereby approves Design Review 98-002 authorizing construction of a 38 unit single-family detached project on Vesting, Tentative Tract 15707 located at 120-250 Sixth Street, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 7th day of December, 1998. THOMAS R. SALTARELLI MAYOR PAMELA STOKER CITY CLERK l0 !4 ]5 ]6 l? 20 2! 2?- 24 25 26 2? 28 Resolution 98-109 Page No. 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF T. USTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 98-109 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of December, 1998, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A RESOLUTION 98-109 CONDITIONS OF APPROVAL DESIGN REVIEW 98-002 (1) (1) (1) (1) (1) GENERAL 1.1 1.2 The proposed project shall substantially conform with the submitted plans date stamped November 23, 1998, on file with the Community Development Department as herein modified or as modified by the Director of Community Development in accordance with this Exhibit, as well as all provisions of the Planned Community District RegulatiOns for the' subject development adopted as part of Zone Change 98- 004. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Planned Community District Regulations. 1.3 Unless otherwise specified, the conditions contained in the Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.4 Design review approval shall become null and void unless all building permits are issued within twenty four (24) months of the date of this Exhibit. 1.5 (1) 1.6 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. The applicant and property owner shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. Approval of Design Review 98-002 is subject to City Council approval of Zone Change .98-004 and Vesting Tentative Tract Map 15707. Should the City Council not approve the Zone Change or Vesting Tentative Tract Map, the subject Design Review shall become null and void. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE(S) DESIGN REVIEW (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Resolution 98-109 Exhibit A Conditions of Approval Page No. 2 PLAN *SUBMITTAL (1) 2.1 At building plan check submit four (4) sets of plans and the following: (3) A. Two sets of soils reports, structural and energy calculations, specifications and acoustical report shall be submitted. Electrical, mechanical and plumbing plans shall be included. Grading plans shall be submitted separately (2) B. (3) All grading, drainage., vegetation and circulation shall comply with the City of Tustin Grading Manual. All street sections, curbs, gutters, sidewalks, lighting and storm drains shall comply with on-site improvement standards. Final grading and specifications consistent with the approved site plan and landscaping plans shall be prepared by a civil engineer for approval by the Community Development Department. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. (2) C. (3) Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a not on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (2) D. (3) Model complex plans identifying all temporary fencing, landscaping, elevation alterations, parking facilities and other temporary model complex facilities. (2) E. (1) 2.2 A detailed acoustical noise study prepared by a qualified acoustical expert shall be subject to review and approval by the Community Development Department to insure that the interior noise levels do not exceed a maximum of 45 dBa's and that the exterior noise levels shall not exceed a maximum of 65 dBa's. The report shall specifically reflect the anticipated buildout impacts of noise along Sixth Street and aircraft overflight. Applicant shall be permitted to obtain grading permits and building permit for model unit construction prior to the approval of Final Map 15707 provided that all Uniform building Code, Public Works, Fire Department and Community Development requirements have been met and approvals granted. (1) 2.3 Submitted construction drawings shall be in conformance with all development standards as applicable in the Planned Community District Regulations. Conceptual approval of locations of structures shall not constitute final approval. Any administrative adjustments are subject to review and approval by the Director of Community Development. (5) 2.4 No temporary constrUction fencing shall be permitted to encroach into the required travelways of the private streets or drives. (1) 2.5 Submitted construction drawings shall reflect all dimensions consistently between vesting tentative tract map, site plan, landscape plan, model plan and architectural plans. Resolution 98-109 Exhibit A Conditions of Approval Page No. 3 (2) 2.6 The applicant shall consult with the various utility companies which would provide service to the development and incorporate energy and water conserving systems and design features into the project subject to approval of the Building Official. (2) (5) 2.7 The applicant shall indicate in writing the method of trash removal and provide written approval from Great Western Reclamation approving the method of trash pickup for the project. SITE AND BUILDING CONDITIONS (1) 3.1 All dwelling units shall be equipped with a sectional roll-up garage door and automatic garage door opener. Wood garage doors shall not be permitted. (.1) (4) 3.2 Provide exact details of all exterior door and window types, including but not limited to such information as frame color and glass tint. (1) (4) (1) 3.3 3.4 All exterior colors to be used shall be subject to review and approval of the Director of Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. Note on final plans that a six-foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances' shall be permitted along the perimeter of the site for construction vehicles. (1) (4). 3.5 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of the buildings. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining sufficient distance to minimize visual impacts from Sixth Street. (1) 3.6 Mechanical equipment such as, but not limited to, heater and filter units, pump units, air conditioning condensers and similar deviCes shall be screened from street view and sited in the rear yard areas. (1) -(4) 3.7 Exterior elevations of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. (1) 3.8 On-site subdivision walls shall be constructed by subdivider including property line or common area. dividing fences (between units) within interior of the project. Provide drawings indicating wall materials, cap and other decorative treatments and color. All walls and fences shall be consistent in material and color with the approved plans. (1) 3.9 The plans shall comply with the most current applicable codes, City Ordinances and state and federal laws and regulations including, but not limited to: Resolution 98-109 Exhibit A Conditions of Approval Page No. 4 1994 Uniform Building Code with California Amendments 1994 Uniform Mechanical Code with California Amendments 1994 Uniform Plumbing Code with California Amendments 1993 National Electrical Code with California Amendments T-24 California Disabled Access Regulations T-24 California Energy Efficiency Standards City of Tustin Grading Ordinance City of Tustin Landscape and Irrigation Guidelines City of Tustin Private Improvement Standards City of Tustin Security Ordinance. (1) 3.10 The applicant shall install illuminated address numbers with contrasting background color in a highly visible area within the front of the property. A self contained box fixture is preferred which would not eventually get painted over or covered up by growth of landscaping. Design, colors and location of address numbers shall be submitted to the Community Development Department for review and approval prior to installation. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 4.1 The applicant shall submit for plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with' the landscaping concept plan. Said plans shall be consistent with the existing landscaping within the center. The applicant shall provide a summary table applYing indexing identification to plant materials in their actual location. The plant table shall list botanical and common · names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. 'The irrigation plan shall show location and control of backflow prevention devices (screened from view from right-of-way ,and on-site by shrubs), pipe size, sprinkler type, spacing and coverage. Details for all equipment shall be provided. The plans, shall show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, existing landscaping and walls'and proposed new wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity. Note on plans that adequacy of coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 4.2 The submitted landscaping plans at plan check shall reflect the following requirements: Ao Shrubs shall be a minimum of five (5) gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. Bo Ground cover shall be planted between eight (8) to twelve (12) inches on center. Co When 1 gallon plant sizes are used, the spacing may vary according to materials used. Resolution 98-109 Exhibit A Conditions of Approval Page No. 5 Do All plant materials shall be installed in a healthy, vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. E. Buffer driveway and parking areas with landscaping berms when possible. F. Thickly planted landscaping shall be installed along the edge of the project. Use natural landscaping and other architectural detailing to soften the visual appearance. S. Major points of entry to the project and pedestrian intemal circulation routes shall receive specimen trees to create an identification theme. (1) (4) 4.3 Provide details, colors and materials for all exterior walkways, stairs and walls, Design interior walkways to create a pedestrian corridor with accessory landscape treatment. (1) (4) 4.4 In addition to the larger tree specimens to be planted at the entryways, these areas should be provided with a variety of color and treatment of landscaping. (1) 4.5 The applicant shall plant pockets of vines adjacent to the perimeter wall between Planning Area A and B which covers the wall. All other exterior wall surfaces shall be treated with anti-graffiti coating. (1) 4.6 Any proposed signs shall be submitted to the Community Development Department for review and approval. A complete, detailed plan shall be submitted showing the design, location, sizes, colors and materials. Include all temporary project identification signs, identification, addressing, and street signs. (1) 4,7 Indicate the lighting scheme for the project, note locations of all exterior lights and types of fixtures. Lights to be installed on buildings shall be a decorative design. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The location and types of lighting shall be subject to the approval of the Community Development Director. (5) 4.8 Final .mailbox design, location and orientation, including methods to ensure security provisions with locking devices shall be subject to the review and approval of the Community Development Director. In determining final location, the Director shall consider the following: A. Mailboxes shall be located as close as possible to a designated parking space; B. Mailboxes shall not .be located within ten (10) feet of a street/drive intersection, or within ten (10) feet from the back of curb return; and C. The location of mailboxes should encourage people to walk to their mailboxes.