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HomeMy WebLinkAbout01 TT MAP 15427 05-05-97NO. 1 5-5-97 DATE: MAY 5, 1997 Inter-Com TO' FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT MAP 15427 (BAYWOOD) RECOMMENDATION That the City Council: 1. Conduct a public heating; 2. Adopt Resolution No. 97-34 approving the Environmental Determination for the project; and, 3. Adopt Resolution No. 97- 35 approving Vesting Tentative Tract Map 15427. FISCAL IMPACT The applicant has paid application fees to recover the cost of processing this application. DISCUSSION The proposed project is a request to' subdivide and develop approximately 5.9 gross acres on the former high school site into 53 single-family detached residential units using the Cluster development standards of the East Tustin Specific Plan (ETSP). City Council Report VTT 15427 May 5, 1997 Page 2 Site and Surrounding Properties The property is located at the southeast comer of Irvine Boulevard and Tustin Ranch Road in Sector 11 of the ETSP. The site is bordered by Irvine Boulevard on the north, Kinsman Circle (future) on the south, a 316 unit apartment complex (future) on the east, and Tustin Ranch Road on the west (Attachment A- Location Map). Existing and anticipated development in the vicinity include the following: Tustin Ranch Golf Course to the north across Irvine Boulevard; a future 5-acre neighborhood park to the south across Kinsman Circle, future apartments to the east; and, existing single-family detached residences to the west across Tustin Ranch Road. The discussion that follows includes detailed analyses of the project description and site plan, access and circulation, landscape and hardscape, architectural review, and cluster development standards. PROJECT DESCRIPTION/SITE PLAN The applicant proposes to subdivide an approximate 5.9 gross acre site into 53 numbered lots and 23 lettered lots. The numbered lots are intended to provide individual ownership parcels for the construction of single-family homes. The dwellings are oriented so that the front entrances face a common landscaped pedestrian pasco. The private drives function as alleys to provide vehicular access to the garages. The lettered lots delineate common ownership areas for the development and maintenance of private streets and drives, common area recreation facilities and pedestrian paseos. The proposed density for this project is approximately 9 units per gross acre, which falls below the maximum allowable density of 16 units per gross acre specified in the Second Amendment to the East Tustin Development Agreement for the property. The minimum lot size proposed is 2,402 square feet, which exceeds the minimum lot size requirement of 2,400 square feet for cluster developments in the Medium Density Residential districts of the ETSP. The required front, side and rear yard setbacks are identified in Section 3.6.3.B of the ETSP under the Cluster development standards. For the purposes of this project, the front yard setbacks (minimum 10 feet) are measured from the landscape paseos (Lots N-U, W and V). The rear yard setbacks (minimum 5 feet for living area/3 feet for garages) are measured from the private drives (Lots C, E, H-K). All development standards have been met or exceeded. City Council Report VTT 15427 May 5, 1997 Page 3 ACCESS AND CIRCULATION Access to the site is proposed via a single access route (Street "A") fi.om Kinsman Circle approximately mid-block between Tustin Ranch Road and the cul-de-sac. Street "A" provides the primary backbone circulation within the development and access to the interior private drives to which all units will gain vehicular access. Street "A" has a 36-foot wide pavement section to accommodate on-street parking on both sides of the street. A six foot wide curb adjacent landscaped parkway and a four foot wide sidewalk is provided on each side of Street "A". The private drives have a 24 foot flow line-to-flow line dimension where the private drive serves six or fewer residents. This dimension is increased to 28 feet where the private drive serves more than six units consistent with the private street standards of the ETSP. No parking will be provided within the private drives. A tee intersection is formed at the northerly terminus of Street "A" and the private drives to provide adequate emergency vehicle turn around. No vehicle gates are proposed for this project. The private drives provide primary vehicular access to the units; however, the front entrance and primary pedestrian access to the residents are oriented toward an eight foot wide landscaped paseo. A two foot wide landscaping easement is identified on each side of the paseo to provide an overall dimension of 12 feet between property fences within the paseo. The project includes a total of 53 on-street spaces consistent with the requirement for one guest space per unit. Parallel parking is provided on both sides of Street "A". There is additional head- in parking adjacent to each of the recreation areas (Lots "G" and "M"). Each unit will include an enclosed two- car garage. No full length driveways are proposed. Deviations from City Street Standards The applicant has requested that the Building Official grant the following deviations from the City's street improvement standards: o No sidewalks adjacent to the private drives (i.e. Lots C, E, and H - L); and, No cul-de-sac at northerly terminus of Street "A". Based on past practices, the Building Official has granted the requested deviations with the proposed product type. Sidewalks have not typically been required in private drives in these configurations similar to other patio home and duster development projects. The elimination of the cul-de-sac would not preclude emergency access and overall vehicular circulation as the tee intersection created by Lots K/L and Street "A" would provide adequate maneuverability. City Council Report VTT 15427 May 5, 1997 Page 4 LANDSCAPE/HARDSCAPE The conceptual landscape plan meets the requirements of the ETSP and is consistent with the City's landscape guidelines. The proposed landscaping consists of a variety of evergreen and deciduous trees, shrubs, vines and ground covers intended to enhance the project and minimize visual impacts. The project entry is highlighted by California Pepper and Evergreen Elm. The street is proposed to be lined with the Evergreen Elm. Melaleuca trees would be used in the pedestrian paseos. Brisbane Box, a taller vertical tree would be used in the private drives. Perimeter landscaping adjacent to Tustin Ranch Road and Irvine Boulevard consists of eucalyptus and canary island pine and is presently being installed by The Irvine Company. Various accent and street trees will be planted throughout the interior of the subdivision. An enhanced streetscape plan is proposed for the entrance to the subdivision, consisting of a decorative material to match the project identification markers (i.e. stone). Decorative stone base and wood trellis arbor structures are proposed at the entrance to each pedestrian paseo. Rural style mailboxes have been identified at these locations. In response to security concerns raised previously by the Planning Commission, all mailboxes located along the private streets would be located behind the sidewalks. ARCHITECTURAL DESIGN The proposed plans include three building types. All three are two-stOry, approximately 26 feet high. The three different floor plans range in size from 1,400 -1,676 square feet with three bedrooms. Plan 1 includes an optional bonus room over the garage which could also be used as an additional room. The architecture proposed is a contemporary interpretation of Monterey and Santa Barbara styles. The building masses include multiple hip and gable roofs, multiple wall planes and entry porticos. Additional architectural details include exposed wood rafters, raised wood door and window surrounds and trim, multiple-pane windows, recessed windows and decorative wood shutters. All structures will have tile roofs and all exterior walls will be stucco clad. Base stucco colors range from off-white to tan. Fascia, trim and garage door colors range from off'- white to blue/grey, green, blue or tan and will be applied to contrast with the base stucco colors. Accent colors are provided in various earthtone and green, blue and grey shades. Roof tiles will be provided in brown to terra cotta blends. City Council Report VTT 15427 May 5, 1997 Page 5 CLUSTER DEVELOPMENT STANDARDS Due to development constraints imposed by the relatively small size of the property compared to other builder level lots, and the desire to create actual fee simple lots instead of condominiums using the patio home standards, the applicant is requesting approval of a Conditional Use Permit to implement the Cluster Development standards of the East Tustin Specific Plan. The primary intent of cluster development is to allow a concession from the minimum lot size requirement lot to create common, open space amenities to benefit the entire development. The Planning Commission is required to make findings that attest to conformance with the Cluster Development regulations and identify the specific purpose of the open space scheme. A development using the Cluster Development standards allows for reductions in the minimum lot area, lot width and setbacks while retaining the same density standard of the underlying zoning district. In conformance with Cluster Development standards, the applicant is proposing to provide two common recreation areas and pedestrian paseos between the units for the enjoyment of all the residents of the tract. From a technical standpoint, the amount of open space provided exceeds the amount required. The ETSP requires that the difference between the minimum lot area for Standard Development (3,000-square feet) and the actual size for each lot which is less than the 3,000 square foot size, be reserved as common permanent usable open space. Based on the cumulative reduction in lot size for the parcels smaller than 3,000 square feet in area, the minimum open space requirement is 0.54 acres. The proposed common recreation facilities and pedestrian greenbelt exceed this requirement by providing over .62 acres of open space. Even with the Cluster Development standards, the applicant is unable to develop at the maximum allowable density of 16 units per acre (94 units total). At 53 units, the density of the project (9 units per acre) falls below the allowable density designated for the site. City Council Report VTI' 15427 May 5, 1997 Page 6 ENV~ONMENTAL ANALYSIS An Initial Study has been prepared for this project and is attached to this report. Based upon review of the proposed project and Environmental Impact Report (EIR) 85-2, as amended, it has been determined that environmental issues relating to this project have previously been addressed. Mitigation measures identified in EIR 85-2, as amended, are included as conditions of approval; therefore, staff recommends that the Council find that requirements of the California Environmental Quality Act have been met and no further environmental review is requked. Daniel Fox,/AICP Senior Planner Elizabeth K Binsack Community Development Director EAB:DF:br:TT15427 Attachments: A - Location Map B- Statistical Summary C - Submitted Plans D - Planning Commission Resolution 3522 E- Initial Study F - Resolution Nos. 97- 34 and 97- 35 LOCATION MAP , ! ? I e'I NO SCALE ATTACHMENT A ATTACHMENT B - Statistical Summary_ Vesting Tentative Tract Map 15427, Design Review 97-001 and Conditional Use Permit 97-001 Cluster Development Baywood Development Group Requirement Proposed Gross Site Area N/A 5.889 acres Open Space 0.54 acres 0.62 acres Minimum Lot Size 2,400 square feet 2,402 square feet Total Units 94 maximum 53 units Density 16 du/ac (gross) 9.0 du/ac (gross) Lot Coverage 100% <100% Building Setbacks Front Yard Side Yard Rear Yard Maximum Height 10 feet minimum 3 feet minimum 5 feet minimum / 3 feet to garage 40 feet 10 feet minimum 3 feet minimum 5 feet minimum/ 3 feet to garage 26 feet Resident Parking 106 paces (2-car garage per unit) 106 spaces (2-car garage per unit) Guest Parking PLAN 53 spaces (1 space per unit) SQ. FT. DESCRIPTION 1,400 1,600 1,490 1,675 3 BD, 2.5 BA w/opt Bonus Area 3 BD, 3 BA 3 BD, 2.5 BA 53 spaces (1 space per unit) QUANTITY 26 11 16 49% 21% 30% TOTALS 53 100% ATTACHMENT B ATTACHMENT C c7 d I /nine ;yard [-~I 17 II,-J · : i.nsman: Circle \ ' wmlk w/ | ~ I0' mJ~t. Imndtcmpe ~ _. _ · · I 01 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3522 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP NO. 15427 LOCATED AT THE SOUTHEAST CORNER OF IRVINE BOULEVARD AND TUSTIN RANCH ROAD. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as.follows: A· That Vesting Tentative Tract Map No. 15427 was submitted to the Planning Commission by Baywood Development Group for consideration; Be That a public hearing was duly called, noticed and held for said map on April 28, 1997 by the Planning Commission; Ce That Environmental Impact Report 85-2, as modified by supplements and addenda, for the East Tustin Specific Plan, has been certified in conformance with the requirements of the .California Environmental Quality Act for the subject project; De That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single-family dwellings; E· The .4452 acres of parkland required for this development was previously dedicated with recordation of Tract 15055; F® That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, for the impact of Vesting Tentative Tract 15427 on School District facilities, and changes in state law. The impacts associated with this approval on School District Facilities are adequately addressed; Go That the site is physically suitable for the type of development proposed; H· That the site is physically suitable for the proposed density of development; I · That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; ATTACHMENT D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution ~,~. 3522 Page 2 Je 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; ne The proposed Iproject 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 (ELS); and, Me The proposed project has been reviewed for conformity with the provisions of Measure M/Growth Management Program, and it has been determined that the proposed project-is exempt from the provisions of Measure "M" in that it has entitlement specified in a development agreement entered into in 1985, and the estimated project generated traffic does not cause the roadway system to exceed established level of service standards. II. The Planning Commission hereby recommends that the City Council approve Vesting Tentative Tract Map No. 15427 located at the southeast corner of Irvine Boulevard and Tustin Ranch Road, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 28th day of April, 1997.  LOU BONE Chairman Recording Secretary Resolution _.~. 3522 Page 3 10 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3522 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of April, 1997. 'BARBARA REYE~ Recording Secretary 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A - VESTING TENTATIVE TRACT MAP 15427 RESOLUTION NO. 3522 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The subdivider shall comply with all conditions of Tentative Tract 15055 as they pertain to this project. (1) 1.2 Within 24 months from tentative map approval, the Subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9321.H of the Tustin Municipal Code. (1) 1.3 Prior to release of building permits, all conditions of approval of Design Review 97-001 and Conditional Use 'Permit 97-001 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3521 and incorporated herein by reference. However, the applicant will be permitted to obtain building permits for model home construction prior to approval of a final map provided approvals have been obtained from the COmmunity Development, Public Works and Fire Departments. (1) 1.4 The subdivider shall conform to. all applicable requirements of the State Subdivision MaP Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development .Agreement (and amendments thereto), and EIR 85-2. (1) 1.5 The cumulative number of residential units for which (2) certificates of occuPancy may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW * * * EXCEPTION Exhibit A VTT 15427 Resolution No. 3522 Page 2 (5) 1.6 The subdivider shall be required to execute Subdivision/ Monumentation Agreements and provide impr0vement/monu- mentation Bonds to the City prior to recordation of the final map. (1) 1.7 Prior to final map approval, the subdivider shall submit: A. A current title report; . A duplicate mylar of the Final Map, or 8~" X 11" transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance; and C. A list Of street names as approved by the City of Tustin Street Naming Committee. · PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (2) (3) (6) (1) 2.1 Prior to recordation of a final map, the Subdivider shall prepare plans for and construct or post security guaranteeing construction of all public and/or private, infrastructure improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: A. Curb and gutter B. Sidewalks, including curb ramps for the physically disabled C. Drive aprons D. All signing/striping modifications E. Street paving F. Street lights G. Catch basins/storm drain laterals/connection to existing storm drain system. In addition, a 24" X 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. *** 2.2 Prior to the issuance of the first Certificate of Occupancy within Phase I (as shown on the approved Phasing Plan), including the model complex units, the developer shall complete the installation of all site improvements and landscaping and receive final building inspection for all site improvements and landscaping located within Lots A, B, N and O. Exhibit A VTT 15427 Resolution No. 3522 Page 3 *** 2.3 Prior to the issuance of the first Certificates of Occupancy within Phase II (as shown on the approved phasing plan), the developer shall complete the installation of all improvements and common recreation facilities on Lot "G" (1) 2.4 The amount of acceptable security for construction of (5) public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. (1) 2.5 Ail changes in existing curbs, gutters, sidewalks (5) and other public improvements shall be the responsibility of subdivider. (1) 2.6 Preparation of plans for and construction of: (2) (5) A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. m o A domestic water system must be designed and installed to the standards of the Irvine Ranch Water District or City of Tustin Water Department, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable' laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall meet the standards as required by the Irvine Ranch Water District. (1) 2.7 Proposed private streets shall be designed to the (5) following specifications'.- (6) A. Ail proposed streets and drives shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. Exhibit A VTT 15427 Resolution No. 3522 Page 4 o Ail streets shall be constructed in accordance with City requirements in terms of type and quality of materials used where practical. Co Parking shall be prohibited within private drives. Signage and/or red curbing shall be installed where appropriate. (1) 2.8 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized. (5) 2.9 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The acceptable formats shall be Integraph DGN or AutoCad DWG file format, but in no case less than DXF file format. The City of Tustin CADD conventions shall be followed in preparing plans in CADD, and these guidelines are available from the Engineering Division. The CADD files shall be submitted to the City at the time the plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The "as built" CADD files will be required prior to release of the subdivision bonds. (5) 2.10 The Subdivider shall submit two (2) copies of the Notice of Intent for the NPDES construction permit, as submitted to the State of California Water Resources Control Board (one copy to Community Development Department/Building Division and one to the Public Works Department/ Engineering Division). · Exhibit A VTT 15427 Resolution No. 3522 Page 5 DEDICATIONS/RESERVATIONS/EASEMENTS (1) 3.1 The subdivider shall satisfy dedication and/or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street and flood control right-of-way easements, vehicular access rights~ sewer easements and water easements defined and approved as to specific location by the City Engineer and other agencies. No vehicle access from Lot "M" to Irvine Boulevard will be permitted in the future. (1) 3.2 Landscape maintenance of all lettered lots, shall be the (5) responsibility of the Homeowners Association, except that Lots A and B shall be the responsibility of the Landscape and Lighting District. The City of Tustin will not be responsible for maintenance of private streets, storm drains, street lights, landscaping, irrigation, slopes or perimeter walls. (1) 3.3 Additional right-of-way dedication will be required at (5) the intersection of Kinsman Circle and Street "A" and shall extend from BCR/ECR on Street "A". Said dedication area shall be adequate for the construction of'curb ramps per City Standard No. 124. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 4.1 Prior to recordation of the final map, subdivider shall (2) post with the Community Development Department a minimum (5) $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City appearance of public streets, an additional incremental deposit will be required. (1) 4.2 Any damage done to existing street improvements and (5) utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 4.3 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. Exhibit A VTT 15427 Resolution No. 3522 Page 6 GPAD I NG (1) 5.1 Prior to issuance of grading permits: (2) (5) A. A detailed soils engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City grading requirements, and all other applicable state and local laws, regulations and requirements. m o The applicant shall Submit a grading plan subject to approval by the Department of Community Development delineating the following information: . Methods of drainage in accordance with all applicable City standards. . . Recommendations submitted and approved by a geotechnical or soils engineer. Compliance with conceptual grading shown on tentative tract map. A drainage plan and necessary support documents, such as hydrolOgy calculations, to comply with the following requirements: a . Provision of drainage facilities to remove any. flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rainfall, which may be expected from all storms up to and including the theoretical 100/500 year storm and dedication of any necessary easements, on the final map as required. b . Elimination of any sheet flow and ponding. C o Provision of drainage facilities to protect the lots from any high velocity scouring action. d. Provision for tributary drainage from adjoining properties. 5. Ail flood hazard areas of record. Exhibit A VTT 15427 Resolution No. 3522 Page 7 C . Do 6. Final street elevations at key locations. . Both horizontal and vertical intersection sight lines shall be shown on both the grading plan and landscape plan in compliance with OCEMA Standard No. 1117 for the interior streets. Ail landscaping within the limited use areas shall comply with OCEMA Standard No. 1117. o Final pad/finished floor elevations and key elevation for all site grading. Ail pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. o A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to' final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. 10. A note shall be placed on the plans that a qualified paleontologist/archaeologist, as appropriate shall be present during rough grading operations. If resources are found, they shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/ archaeologist subject to review and approval by the Departments of Public Works and Community Development. Ail "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. The applicant shall prepare a sedimentation and erosion control plan for all construction work related to the subject tract including a method of control to prevent dust and windblown earth problems. Said plan shall be reviewed and approved by the Community Development Department. Submittal of a construction traffic routing plan for review and approval by the Director of Public Works. Exhibit A VTT 15427 Resolution No. 3522 Page 8 S o The applicant shall prepare a hydrology and hydraulic calculations for this subject tract. Said plan shall be reviewed and approved by the Public Works Department and Community Development Department/Building Division. (1) 5.2 Ail earthwork shall be performed in accordance with the (3) Tustin City Code and Tustin Grading Manual. (1) 5.3 Prior to the recordation of a final map, the applicant (5) shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) that identifies the application and incorporation of those routine structural and non- structural Best Management Practices (BMPs) and detailing implementation of the BMPs not dependent on specific land uses. (1) 5.4 Prior to issuance of grading, grubbing and clearing or (5) paving permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Storm water Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this has been obtained shall be submitted to the Building Official. (1) 5.5 Construction phasing shall occur in a logical and sequential pattern and as identified on the approved phasing schedule. The Community Development Director may make minor modifications to the phasing schedule provided that such modifications result in orderly and sequential development, minimizing construction impacts to the greatest extent possible on the occupied portion of the development. FIRE AUTHORITY (5) 6.1 Water Improvement Plans - Prior to the recordation of any final tract map, the subdivider shall submit water improvement plans to the Fire Chief for review and approval to ensure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution of the fire hydrants.will be evaluated and approved by the Fire Chief. Exhibit A VTT 15427 Resolution No. 3522 Page 9 (5) 6.2 Fire Hydrants - Prior to the recordation of any final map or the issuance of any building permits, whichever occurs first, the aPplicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (5) 6.3 Automatic Fire Extinguishing Systems .- Prior to the recordation of a final map, a note shall be placed on the map stating that all structures to be built on lots beyond 150 feet on dead ends shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. (5) 6.4 Street Plans - Prior to issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation 'with the Manager and Traffic Engineering. The plans shall include the plan view, sectional view and indicate the width of the street or court measured from flow line to flow line. Ail proposed fire apparatus turnarounds shall be clearly marked when dead-end street exceeds 150 feet or when other conditions require it. (5) 6.5 Street Markings A. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the location of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering.and the contrasting background color shall be submitted to and approved by the Fire Chief. B . Prior to the issuance of the certificate of use and occupancy, the approved fire lane marking plan shall be installed. The CC&R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. Exhibit A VTT 15427 Resolution No. 3522 Page 10 (5) 6.6 Combustible Construction Letter - Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for fire fighting purposes will be placed on the site. An all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site. (5) 6.7 Water Availability - Prior to the issuance of building permits, an Orange County Fire Authority Water Availability form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. (5) 6.8 Fire Sprinkler Systems - Prior to the issuance of any building permits on those lots determined applicable by the Fire Chief, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior, to the issuance of a certificate Of use and occupancy. (5) 6.9 Building Use Letter - Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building to the Fire Chief for review and approval. (5) 6.10 Fire Hydrant Markers - Prior to the issuance of certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating their locations on the street or drive, per the Orange County Fire Authority Standard, .and approved by the Fire Chief. On private property these pavement markers are to be maintained in good condition by the property owner. NOISE (1) 7.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the Exhibit A VTT 15427 Resolution No. 3522 Page 11 sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. Ail residential lots and dwellings shall be' sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied. in a manner consistent with applicable zoning regulations shall be provided. o Due to the project's close proximity to the Browning Corridor, said study shall provide information on single event noise measurements as generated by helicopter flyovers for information purposes'only. (1) 7.2 Prior to issuance of any certificates of use or (2) occupancy, field testing in accordance with the Title 25 (3) regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (1) 7.3 Ail construction operations, including staging and/or delivery of equipment and materials and engine warm up, shall be subject to the provisions of the City of Tustin Noise Ordinance, and shall take place only during the hours of 7:00 a.m. until 6:00 p.m.--Monday t~rough Friday and 9:00 a.m. until 5:00 p.m. on Saturdays, unless otherwise determined by the Building Official. (1) 7.4 Construction hours shall be clearly posted on the site to the satisfaction of the Building Official. CC&R'S (1) 8.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development.Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after recordation. Exhibit A VTT 15427 Resolution No. 3522 Page 12 CC&R's shall include but not be limited to the following provisions: Ao The City shall be included as a party to the CC&R's for. enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&R's. m o The requirement established. that association bylaws be C o m o m o Provisions for effective, establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences, private roadways, and paseos (i.e., walks, sidewalks, arbors). Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. 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 o Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: Ail common' area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris and weeds. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. Exhibit A VTT 15427 Resolution No. 3522 Page 13 Go Ho I o . Ail private roadways, sidewalks and paseos shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel-ways should be removed or repaired promptly. In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times. o Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within three hundred ~ (300) feet of the property may also be added as alternative language. Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. Ail plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking or driveway area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowners Association may adopt rules and regulations to authorize exceptions. The Homeowners Association is responsible for monitoring and enforcing any and all parking and traffic regulations on private streets and courts. The project CC&R's shall include provisions to require the Association, to develop and enact an enforcement program related to enforcement of parking and traffic regulations within the private development. Said program may include provisions for levying fines, collecting fines and Exhibit A VTT 15427 Resolution No. 3522 Page 14 J. enforcement/moni toring companies/persons. by private security To. ensure the proper use of parking space within the subdivision, CC&R's shall include the following acknowledgements and restrictions, which shall also be signed as a separate notification/ acknowledgement, by each new homeowner in the subdivision: . Ail on-street parking spaces are designated as guest parking; individual owners shall.have no right to use guest spaces for any vehicle. Individual owners shall park vehicles in garage spaces. o Individual owner understands that the subdivision has strict parking regulations that will be enforced by the Homeowner,s Association. o 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. Ail parking regulations shall be enforced at time of final occupancy of any phase of the project. A total of 106 parking spaces shall be permanently maintained at a rate of two garage spaces per each dwelling unit. An additional minimum of 53 unassigned on-street guest spaces shall also be permanently provided. Exhibit A VTT 15427 Resolution No. 3522 Page 15 K. n. M, N. O . Individual.units shall not have separate external television and radio antennas except as otherwise provided by law. Either a central antenna shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be prewired and served by an underground cable antenna service provided by a company licensed to provide such service within the city. Ail utility services serving the site shall be installed and maintained underground. The Association shall be required to file the name, address, and telephone number of at least one member of the Association Board and where applicable, a Manager of the project, before January 1st of each year with the City of Tustin Community Development Department, for the purpose of contacting the Association in case of emergency or in those cases where the City has an interest in CC&R violations. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. In addition, the CC&R's shall advise homeowners that MCAS, E1 Toro is scheduled for closure by the Department of Defense. Future uses of the base are not known with certainty at this time; however, on December 12, 1996, the Orange County Board of Supervisors endorsed a proposal to convert the facility to an international commercial civilian airport. No amendment to alter, modify, terminate or change the Homeowner's Association's obliqation to maintain the common areas and the projec[ perimeter walls (including such walls located on private property) or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. This shall not preclude the Homeowner's Association from assessing charges to individual property owners for structural damage to such walls. Exhibit A VTT 15427 Resolution No. 3522 Page 16 P . O . R. S . T o U. Vo Provisions shall be made to specifically identify that street light standards and' mailboxes may be located within the five-foot public utility easement behind the private street right-of-way. Where such facilities are located on private property within the utility easement, notification shall be given to those owners as to the locations, types and quantities of all facilities as they relates to their specific property. Maintenance of all manufactured slopes within rear yards shall be the responsibility of the individual property owners. The CC&Rs shall include specific standards for the maintenance of slopes and drainage devices. Pursuant to Section 5.4 of the City Grading Manual, all proposed and future structures will be subject to setback requirements for footings on or adjacent to slopes. Maintenance of all lettered lots, except Lots A and B, shall be by the Homeowner,s Association. Landscape maintenance for Lots A and B shall be the responsibility of the Landscape and. Lighting District. Disclosure t© all future homeowners and purchasers of property that surrounding properties .may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner's unit, and that the City of Tustin makes no claim, warranty or guarantee that views from any unit will be preserved as development of surrounding properties occurs. Maintenance of all slopes and drainage devices on individual lots within fenced yard areas shall be the responsibility of the individual property owner. Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement. Ail streets within this development are private and shall be maintained by the Homeowners Association. Should; at any time in the future, the Homeowners Association request that the City accept the streets as public streets, the Homeowners Association shall be responsible for modifying all streets to meet the then most current public street standards, including, but not limited to: Exhibit A VTT 15427 Resolution No. 3522 Page 17 o . Addition of sidewalks in the private drives; and, Public Street Standards and installation of a 'cul-de-sac at the northerly terminus of Street "a" HOMEBUYER NOTIFICATION (1) 9.1 Prior to issuance of Certificate of Occupancy: a¸o A document separate from the deed shall be prepared which will be an information notice to future homebuyers of aircraft noise impacting the subdivision. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. o The developer shall'provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicate: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). (2) Advice to homebuyers that proposed school sites may never be constructed. C . The Subdivider shall provide the City with a statement which must be signed by each homebuyer which shall contain a comprehensive description of all private and public improvements and deveIopments adjacent or in close proximity to the proposed development. D . The developer shall provide the City with an information notice to future homeowners of lots that have above ground utilities or structures (such as light standards and fire hydrants) located within a public utility easement identifying the type of structure and their locations. Exhibit A VTT 15427 Resolution No. 3522 Page 18 (1) 9.2 It is the Subdivider's obligation to notify all potential buyers of subdivided lots of all liens and assessments against the subdivided properties including, but not necessarily limited to, the following: A. Reassessment District 95-1. m o C . City of Tustin Landscape and Lighting District. That the project is located within a Mello Roos District. FEES (1) 10.1 Prior to recordation of any final map, Subdivider shall pay plan check and inspection fees for all public and/or private infrastructure improvements within the City's responsibility excluding those financed by an Assessment District. (1) 10.2 (5) Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Ail applicable building, grading and private improvement plan check and permit fees to the Community Development Department based upon the most current schedule. m . Co m . New development fees in the amount of $350 per single family unit to the COmmunity Development Department. SchoOl facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Developer, or proof of a release from payment of any fee. Major thoroughfare and bridge fees in the amount of $2,566 per unit to the Tustin Public Works Department. . Water and sanitary sewer connection fees to the Irvine Ranch Water District. Exhibit A VTT 15427 Resolution No. 3522 Page 19 (1) 10.3 Prior to recordation of a final map, payment shall be made of all applicable Reassessment District No. 95-1 reapportionment costs as required by the City Engineer. Reapportionment of acreage assessment to individuaI subdivided lot assessment. (5) 10.4 Within forty-eight (48) hours of approval of the subject project by the City Council, the applicant shall deliver to 'the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38,00 (thirty-eight dollars)to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, .a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA~92780 (7149 573-3105 INITIAL STUDY A. BACKGROUND Project Title: '~T"' 1~4-'~3; ~ c}~. Lead Agency: City of Tustin 3 00 Centennial Way Tustin, California 92780 Lead Agency Contact Person: _~2X~_ .'~,,,~ Phone: ~-'~-l'~-"~11~ Project Lo~tion: ~ ~,~~) ~ C~m !~a~ ~ ~ ~c~' ,, ~_~/~t~, P~oj~t S~or'~ ~, ~d ~d~e,~: ~~~ ~~~~ ~p~ Gene~ PI~ Desi~ation: ~ ~% ~mg D~i~afion: ~ ~~ Project Description: Surrounding Uses: North South Other public agencies whose approval is required: ]~/Orange County Fire Authority 1~ [] Orange Cotmty Health Care Agency I~ South Coast Air Quality Management District [] Other City oflrvine [] City of Santa Ana I~l Orange County EMA ATTACHMENT E B. ENVIRONMENTAL FACTORS POTENTIALLY 'AFFECTED The environmental factors checked below would be potentially affected by this project, invoMng at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. .- I~ Land Use and Planning O Population and Housing [21 Geological Problems Q Water 121 ~Ur Quanty [2] Transportation & Circulation O Biological Resources ~ Energy and Mineral Resources Hazards .[2 Noise [-I Public Services [2] Utilities and. Service Systems Aesthetics Cultural 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 environment, and a NEGATIVE DECLARATION will Ix: prepared. , [21 I find that although the proposed project could have a significant effect on the environment, there will not be a si~maificant effect in this case because thc mitigation measures described on an attached sheets have been added to the project_ A NEGATIVE DECLAR_gXION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRO~NTAL IMPACT REPORT is required. [~ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, ff 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 EIK 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 anabT_~ed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Signature ~-~ Date ~~ ?-.4~ ~C"lq'~ Printed Name~l~.~ .~[~,/~, l). Earlier analyses used' Available for review l: Cily of Tustin Community Development Department Potentially Significant Impact LAND USE & PLANNING - Would the proposal: Potentially .~qigni ficant Unless g'fitigation Incorporated Less. lhan Sixnificant Impact Nolmpact a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with juri~ction over the project7 c) Be incompatible with existing land uses in the vicinity? d) Aff~t agricultural resources or operations? e) Disrupt or divide the physical arrangement of an established commtmity (including a low-income or minori .ty cornmunity)? POPULATION & HOUSING - Would the proposal: a) Cumulatively exceed official regional or local population project/or/s? ~ b) Induce substantial grov~ in an area either direcfiy or ' indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? j~ c) Displace existing housing, especially affordable housing? [~] GE O LO GIC PROBLEMS - Would 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 mudtlows? 0 Erosion, changes in topography or unstable s~il conditions from excavation, grading, or fill? g) Subsidence of land? h) Expansive soils? i) Unique geologic or physical features? 4. 1,VATER - Ifbuld 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 flooding7 c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)7 - d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction ofwater movements? f) Change in the quantity of ground waters, either through direct additions or x¼thdrawals, 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 groundwater7 h) . Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? 5. AIR QUALITY - IlZould the proposal: . 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 - If~ould the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safer3' from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipmcn0? . c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity onsite or offsite? e) Hazards or barriers for pedestrians or bicyclists.'? f) Conflicts v,4th adopted policies supporting alternative trans~rtation (e.g. bus turnouts, bicycle racks)? g) 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 cc,: 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 ora known mineral resource that would be o£ fi~ture value to the region.'? Poteatially Significant bnpac! cnlialll, .'~tgnificant Unless l~,[itigation Incorporated Less l/tan Significant Impact No Impact U] [3 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 0 9. IIAT_.ARDS - tFould the proposal involve: 12. a) A risk of accidental explosion or release of hazardous substances (including, but not limitecl 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 hazard7 d) Exposure of people to existing sources of potential health hazards7 e) Increased fire hazard in areas with flammable brusk, grass, or trees? 10. NOISE - 14~ould the proposal result in: I1. a) Increases in exist/ag noise levels? b) Exposure of people to severe noise levels? PUBLIC SERVICES - Would the proposal have an effect upon, or result in a need for new or altered government sea,ices in any of the following areas: a) Fire protection? b) Pohce 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 s3_'stems7 c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm xxmer drainage? f) Solid waste disposal? g) Local or regional water supplies? 13. AESTHETICS - Iffould the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic cffect? c) Create light or glare? Potentially Significant Impact ,Ientially Unless lt4itigation Incorporated Ix?ss than .~i gn i fi can t Impact No Impact 0 0 0 0 0 0 0 0 0 14. CULTURAL RESOURCES - Would the proposal: a) Disturb paleontological resources7 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 potential impact area7 15. RECREATION - Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational oppommities? 16. I~tANDATORY FINDI]'qGS OF SIGNIFICANCE a) b) c) d) 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 commtmi .ty, 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? Does the project have the potential to achieve short-term, to the disadvantage of long-term, em4ronmental 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 xvith 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 indirecdv? nliall), .~gnifican! Potentially Unless Less than Significant g4itigation Significant Impact Incorporated Impact No Impact 0 0 0 ~ o o o ~ 0 O' 0 0 0 0 ~ o o o ~ m. EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. INITSTUD.PM5 3702A ATTACHMENT A TIERED INITIAL STUDY RESPONSES VESTING TENTATIVE TRACT 15427, CONDITIONAL USE PERMIT 97-001 AND DESIGN REVIEW 97-001 BACKGROUND The proposed project is an application by Baywood 'Development requesting authorization to subdivide a 5.2 acre site to create fifty three (53) numbered lots and twenty three (23) lettered lots to accommodate the development of 53 single-family detached residences. A Conditional Use Permit is requested to utilize the Cluster Development standards of the East Tustin Specific Plan (ETSP) . The subject property is located on the southeast corner of Tustin Ranch Road and Irvine Boulevard. The subject site is located in Sector 11 of the ETSP and is bordered by Irvine Boulevard on the north, Kinsman Circle (future) on the south, a' 316 unit apartment complex (under construction) to the east and Tustin Ranch Road on the west. ' The subdivision of this property is governed bY the regulatiOns included in the ETSP, as amended, and the Second Amendment to the East Tustin Development Agreement approved by the City Council in November of 1995. The East Tustin Land Use Plan and Second Amendment to the East Tustin Development Agreement designates the project site as Medium Density Residential, which authorizes "For Sale" residential development at a maximum density of sixteen (16) dwelling units per gross acre. The proposed subdivision is consistent with the recent amendments to the ETSP (Zone Change 94.- 004) and Second Amendment to the East Tustin Development Agreement. This is a tiered initial study that is based on and incorporates, by reference, the environmental analysis included in EIR 85-2 for the ETSP (certified on March 17, 19'86) and subsequently amended with supplements and addenda, as it relates to the subject property. In conformance with CEQA, the purpose of this tiered initial study is to identify and focus the environmental analysis for the project on significant new environmental impacts that were not previously considered in the Program EIR, as amended. EIR 85-2, as amended, identified several impact categories where a Statement of Overriding Consideration was adopted by the City for the entire ETSP area. For the purpose of this initial study check list, these items have been checked '"Potent.ially Significant Impact" and an evaluation has been made to ensure that impacts previously identified have not been intensified. Mitigation measures identified in the EIR to minimize the impacts that would be applicable to this project have been identified. 'Attachment A - Initial Study Responses VTT 15427, CUP 97-001 &'DR 97-001 March 24, 1997 Page 2 EIR 85-2, as amended, also identified several impact categories where impacts could be lessened to a level of insignificance with the imposition of mitigation measures. Staff has reviewed each of these impact categories to be sure no new project impacts associated with the project would occur that were not identified in the Program EIR, as amended. For the purposes of this initial study check list, these items have been checked "Potentially Significant Unless Mitigation Incorporated" and the mitigation measures identified in the Program EIR, as amended, that would be applicable to thiS project that are included as part of the project have been identified. Impact categories not identified to have a potential impact'in EIR 85-2, as amended, have been reviewed and identified in the initial study check list accordingly to ensure that the project would not create any additional significant impacts which were not considered by EIR 85-2, as amended, and cannot be mitigated to a level of insignificance. i · LAND USE & PLANNING Items a, b and e - "No Impact": The subject property is designated by the General Plan Land Use Map as Planned Community - Residential. The subject property is zoned Planned Community Residential and is identified within the Medium Density Residential Land Use Designation of the ETSP Land Use Plan. The Second Amendment to the East Tustin Development Agreement requires a "For Sale" residential product at a density to exceed 16 dwelling units per acre. The proposed project is a single-family detached "For Sale" product at a density of 8.9 dwelling units per acre consistent with the land use requirements. The proposed project would not alter existing or future land uses. Item c - "Potentially Siqnificant Unless Mitiqation Incorporated": EIR 85'2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects of residential land uses to ensure compatibility with existing land uses. Mitigation measures identified in EIR 85-2, as amended, have been incorporated into the project or would be required as conditions of approval which avoid or substantially lessen the significant environmental effect as identified in the Program EIR, as amended. The project will not create additional impacts other than those previously identified in the Program EIR, as amended. Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 3 Item d - "Potentially Siqnificant Impact": EIR 85-2, as amended, identified that the development of the project site would result in the gradual conversion of existing open space and agricultural uses into urban use. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the Specific Plan. Since the subject property has been identified for residential development, the project will not create additional impacts other than those previously identified in the Program EIR, as amended. Sources: Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan East Tustin Development Agreement, Second Amendment Mitigation/Monitorinq Required: Adherence to and compliance with the guidelines and provisiOns of the ETSP, which address building height, building setbacks, parking requirements, and other site development standards and would ensure that the proposed development complies with the mitigation measures specified in the certified EIR 85-2, as amended. · POPULATION & HOUSING Items a and b - "Potentially Significant Impact": The proposed project would provide 53 single-family detached dwelling units on the site. The Medium Density designation would permit up to 83 units pursuant to the ETSP, which allows a maximum density of 16 dwelling units per acre on the subject site. The proposed project would have a density of 8.9 dwelling units per acre. The project will not create additional impacts other than those previously identified in the Program EIR, as amended. The project site is within the Specific Plan area for which the certified EIR 85-2, as amended, identified impacts to the project site related to the proposed.development and the resultant negative effects to population. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the specific plan. Consequently, mitigation measures were identified in EIR 85-2, as amended. This proposal has incorporated those measures related to population into either the submitted plans or would Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 4 · be included in the conditions of approval, where applicable, for the subject project. Item c - "No Impact": Since the project site is currently vacant, no housing units or population would be displaced. The project would provide new dwellings for the planned population. Sources: Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan East Tustin Development Agreement, Second Amendment Mitigation/Monitoring Required: Adherence to and compliance with the guidelines and provisions of the ETSP, which address building height, building setbacks, parking requirements, and other site development standards and would ensure that the proposed development complies with mitigation measures specified in the certified EIR 85-2, as amended. GEOLOGICAL PROBLEMS Items b and h - "Potentially Significant Unless Mitigation Incorporated": EIR 85-2, ~s amended, identified impacts to the project site related to the necessary grading activity that would occur to accommodate the various types of development and the resultant change to existing landform and topography of the area. Minor grading and improvements would be required to create the individual lots, the proposed streets and drainage. Conditions of approval will be reqUired to ensure that all grading activities incorporate mitigation measures identified in EIR 85-2, as amended. Item f - "Potentially Significant Impact": EIR 85-2, as amended, identified impacts to the project site related to the necessary grading activity that would occur in order to accommodate the various types of development and the resultant change to existing landform and topography of the area. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effect. A Statement of Overriding Consideration was prepared to address necessary compromises for the overall benefit of the Specific Plan area and region. The project has been reviewed and will not create additional impacts other than those previously identified to the site and topography in the Program EIR, as amended. Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 5 Items a, c-e, q and i - "No ImDact": The proposed development will not expose people to potential fault ruptures, liquefaction, volcanic hazards or mudflows. The project site has been previously rough graded as part of the Sector 11 improvements. The perimeter streets and sidewalks on Irvine Boulevard and Tustin Ranch Road are existing. Improvements on Kinsman Circle are under construction. Minor grading and improvements would be required to create the individual lots, the proposed streets and drainage. Sources: Field Verification Submitted Plans Tustin City Code EIR 85-2, as amended East Tustin Specific Plan Mitiqation/Monitoring Required: A detailed soils engineering report and grading plan for the site are required as a condition of approval to ensure that all grading activities on the site minimize grading impacts. · .WATER Items a, b and q - "Potentially Significant Impact": The subject project site is within the ETSP area for which the certified EIR 85-2, as amended, identified impacts to'surface runoff, drainage flows, water quality and water percolation. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the specific Plan. The project has been reviewed and will not create additional impacts other than those previously identified in the Program EIR, as amended. APplicable mitigation measures were identified in EIR 85-2, as amended. This proposal has incorporated those measures related to surface runoff, drainage flows, water quality and water percolation into either the submitted plans or will be included in the conditions.of approval, where applicable. Items c-f, h and i - "No Impact": The proposed development is within the Specific Plan area. The certified EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to water quality. The project has been reviewed and will not worsen or create additional impacts other than those previously identified on water quality in the Program EIR, as Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 6 · amended. Applicable mitigation measures were identified in EIR 85-2, as amended, related to changes to water course direction, amount of surface water, discharge into surface waters, ground waters, reduction of amount of water, and exposure to water hazards would also be implemented at the time subsequent specific development plans are considered. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Mitiqation/Monitorinq Required: Mitigation measures identified in certified EIR 85-2, as amended, including plans to accommodate increased runoff flows associated with the proposed development by incorporating on-Site and off-site drainage improvements, providing erosion control measures and developing appropriate pollution control plans have been incorporated into the project as submitted or will be incorporated as conditions of approval. Erosion control measures will be developed and incorporated into final grading plans for the project to minimize potential increases in erosion and sediment transport during the short-term construction phases. AIR OUALITY Item a - "Potentially Significant Impact": The subject site is within the project area for which the certified EIR 85-2, as amended, determined that the ETSP 'will result' in an incremental degradation of air quality in conjunction.with other past, present and reasonably foreseeable future projects. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A Statement of'Overriding Considerations was prepared to address necessary compromises for the overall benefit of the Specific Plan area and region. The project has been reviewed and will not create additional impaCts other than those previously identified impacts on Air Quality in the Program EIR, as amended. Conditions of approval will be required for the project to meet applicable mitigation measures, as required by the certified EIR 85-2, as amended. Mitigation measures identified in EIR 85-2, as amended, related to air quality impacts, such as encouraging the use of alternate transportation modes, and the encouraging of ridesharing will be incorporated as mitigation measures. Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 7 · Items b, c and d - "No Impacts": The development will not alter air movement, moisture, temperature or cause any changes in climate, or create objectional odors. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Mitiqation/Monitoring Required: Construction activity dust generation shall be reduced through regular watering as required by the SCAQMD Rule 403. These measures identified in certified EIR 85-2, as amended, as applicable, have been incorporated into the project as submitted or will be incorporated as conditions of approval. TRANSPORTATION & CIRCULATION Item a - "Potentially Significant Impact": The subject single-family residential project is within the density range permitted by the ETSP. The impacts from the project were previously addressed in certified EIR 85-2, as amended, particularly Addendum No. 5 to EIR 85-2. The program EIR as amended, identified that ETSP will generate increased traffic in the vicinity. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects and chose to adopt a Statement of Overriding Considerations. Applicable mitigation measures were incorporated into the ETSP, including a circulation plan intended to provide an adequate circulation system for specific plan traffic, and mitigate impacts on the existing circulation system. The project will not crea~e additional impacts other than those previously identified on the transportation and circulation in the Program EIR, as amended. This proposal has incorporated applicable measures related to transportation/circulation into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. Items b-q - "No Impact": EIR 85-2, as amended, identified impacts related to the proposed development and the resultant negative effects on traffic safety, emergency access, demand for new parking pedestrian circulation, and alternative modes of transportation. AS all required parking would be provided on site, there would be no demand for additional parking. As the surrounding roads have been designed to accommodate peak Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 8 traffic demands the proposed project would not have a substantial impact upon existing transportation systems, as discusSed above, nor would it impact the present patterns'of circulation or movement of people and/or goods. As the site plan is designed to the specifications of the ETSP, and the Tustin City Code, traffic hazards to motor vehicles, bicyclists or pedestrians would be mitigated. No additional impacts would occur beyond those identified in the Program EIR, as amended. Mitigation measures were identified in EIR, 85-2, as amended. This proposal has incorporated those measures related to transportation and circulation into either the submitted plans or would be included in the conditions of approval, where applicable, for the subject project. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Mitigation/Monitoring Required: Conditions of approval require that the private street system and residential development on the site shall meet the requirements of the ETSP, and the Tustin City Code. Also, a condition of approval requires that a street improvement plan be provided for all construction within the public right-of-way. Adherence to and compliance with the guidelines and provisions of the ETSP will ensure that the proposed development complies with mitigation measures specified in the certified EIR 85-2, as amended. e BIOLOGICAL RESOURCES Items a-e - "Potentially Significant Unless Mitiqated": The project site has been rough graded. The site is within the ETSP area for which certified EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to plant and animal life. Applicable mitigation measures were identified in EIR 85-2, as amended. This proposal has incorporated those measures related to. plant and animal life into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. No additional impacts would be created beyond those identified in the Program EIR, as amended. Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 9 Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Mitiqation/Monitorinq Required: Mitigation measures iden~if.ied by the pro~ram EiR include measures to provide open areas in. the site plan where feasible and to provide vegetation that includes drought tolerant materials. · ENERGY & MINERAL RESOURCES Items a and c - '!No Impact": The proposed development will not create additional impacts than those previously identified on energy conservation or mineral resources with respect to adopted energy conservation plans or loss of available known mineral resources. Item b - "Potentially Siqnificant Unless Mitiqation Incorporated": Implementation of this.project as well as the ETSP as a whole, will increase the demand for and consumption of energy. The project site is within the Specific Plan area for which certified EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to energy. However, the project will not create additional impacts other than those previously identified in the Program EIR, as amended. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the specific plan. Consequently, mitigation measures were identified in EIR 85-2, as amended. This proposal has incorporated those measures related to energy into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Mitigation/Monitoring Required: Mitigation measures identified in certified EIR 85-2, as amended, require that building construction shall comply with the Energy Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 10 Conservation Standards set forth in Title 24 of the California Administrative Code, that energy conservation techniques be considered, that insulation of walls, ceiling and floors be required, and that energy efficient lighting be used. These mitigation measures related to energy, as applicable, have been incorporated into the project as submitted or will be incorporated as conditions of approval. · HAZARDS Items a, b,d and e - "No Impact": EIR 85-2, as amended, identified no impacts to the project site related to the proposed development and the resultant negative effects from hazards. Item c - "Potentially Significant Unless Mitigated": EIR 85- 2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to human health. Consequently, mitigation measures were identified in EIR 85-2, as amended. This development has previously incorporated those measures related to human health into the project. No additional impacts would be created beyond those identified in the Program EIR, as amended. Sources: Submitted Plans Uniform Building and Fire Codes Certified EIR 85-2, as amended East Tustin Specific Plan Mitigation/Monitoring Required: None required. 10. NOISE Item a - "Potentially Significant Impacts": Development of the site would result in short-term construction noise impacts, and a long-term increase in the ambient noise levels in and around the project site. These impacts were originally considered as part of certified EIR 85-2, as amended. The City Council considered the benefits of the ETSP original program EIR as amended, and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the specific plan. The project has been reviewed and will not create additional impacts other than those previously identified in the Program EIR, as amended. Mitigation measures addressing the acoustic Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 11 environment were identified in the program EIR, as amended, and are included in the submitted project or would be conditions of approval. ~ ' Item b - "No Impact": The proposed development will not expose persons to severe noise levels. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Mitigation/Monitorinq Required: Mitigation measures identified by the program EIR, as amended, include measures to mitigate exterior noise levels with the use of berms, walls or a combination of both. Landscaping materials and setbacks from the roadway are also included in the site design as mitigation measures. Interior noise impacts where determined to be greater than the level permitted by the Noise Ordinance will be mitigated by providing improved noise rated windows. In addition, the. City,s Noise Ordinance No. 828 has specific requirements in regard to construction noise. Those measures identified in certified EIR 85-2, as amended, and the City of Tustin Ordinance No. 828, have been incorporated into the project as submitted or would be incorporated as conditions of approval. 11. PUBLIC SERVICES Items a - e - "Potentially Siqnificant Impact": Implementation of this project will result in an increase in the demand for and utilization of public services, such as fire protection, police protection, infrastructure maintenance and other governmental services, schools, parks and recreational facilities. Impacts to public services were originally considered as part of EIR 85-2, as amended. The project will not create additional impacts'other than those previously identified in the Program EIR, as amended, as the impacts anticipated that the site would be designated as Medium Density Residential by the land use plan, allowing up to 16 dwelling units per acre, resulting in a maximum of 83 units. The proposed project would provide 53 single-family residences with a density of 8.9 units per acre. Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 12 The subject site is within the Specific Plan area for which the certified EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to public services. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the Specific Plan. Additionally, mitigation measures were identified in EIR 85-2, as amended. This proposal has incorporated those measures related to public services into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Mitigation/Monitorinq Required: Measures identified in certified EIR 85-2, as amended, such as; stating the project sponsor shall work closely with the Police Department, the Orange County Fire Department and other governmental services to ensure adequate security, safety and services for the project; a street improvement plan required for all construction in 'the public right-of-way; and a parkland dedication for this project have been incorporated into the project. These measures identified in the certified EIR 85-2, as amended, have been incorporated into the project as submitted or will be incorporated as conditions of approval. 12. UTILITIES & SERVICE SYSTEMS Items a-q - "Potentially Significant Impact": The ETSP will increase the demand for utilities. The project will not create additional impacts other than those identified in the Program EIR, as amended. The city Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects on the use of utilities. A Statement of Overriding Considerations was adopted for the Specific Plan. Sources: Field VerifiCation Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 13 'Mitigation/Monitorinq Required: None required. 13. AESTHETICS Items a and b "Potentially Significant Unless Mitigated,,: The three product types proposed for the project include architectural features, detailing, colors and materials consistent with the Tustin Ranch theme in the area. The project is within the Specific Plan area and the certified EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to aesthetics. Consequently, mitigation measures were identified through Design Review in conjunction with EIR 85-2, as amended. This proposal has incorporated those measures related to aesthetics into either the submitted plans or will be included in the conditions of approval, where.applicable, for the subject project. No additional impacts would be created beyond those identified in the Program EIR, amended, as Item c - "Potentially Significant Impact": The proposed development will create additional light at the presently undeveloped site. Lighting from pedestrian and street lights, decorative wall lights and outdoor private area lights will have a significant impact. The project site is within the Specific Plan area in which the program EIR addresses the impact of development and the resultant negative effects from light and glare, and the City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the specific plan and mitigation measures were identified in EIR 85-2, as amended. This proposal has incorporated those measures related to light and glare into'the submitted plans. The mitigation measures would also be included in the conditions of approval for the project. The project has been reviewed and will not create additional impacts other than those previously identified in the Program EIR, as amended. .Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 14 Mitiqation/Monitoring Required: Conditions of approval for the project require that a lighting plan be submitted for the project, and that no lights that create any glare or have a negative impact on adjoining properties shall be permitted. 14. CULTURAL RESOURCES Item a, c and d - "No Impact": The subject site is within the Specific Plan area and the certified EIR 85-2, as amended identified impacts to the project site related to the proposed development and the resultant negative effects to cultural resources. This project is not within an area identified as an archaeological site. Item b - "Potentially Siqnificant Unless Mitiqated": EIR 85- -2, as amended, identified impacts related to archaeological resources related to the proposed development and the resultant negative effects to cultural resources. The project has also been reviewed and will not create additional impacts other than those previously identified in the Program EIR, as amended, as this project is not within an area identified as an archaeological, site. Sources: Field Verification Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan. Mitiqation/Monitoring Required: None Required. 15. RECREATION Items a and b - "Potentially Siqnificant Unless Mitiqated": The subject site is within the Specific Plan area and the certified EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to recreation. Parkland dedication of 0.4452 acres was previously dedicated as part of Tract 15055 to satisfy the parkland required by the ETSP. Furthermore, all parks identified by the ETSP have been reserved fbr the purpose of providing recreation in the ETSP. No additional impacts would occur beyond those identified in the Program EIR, as amended. Attachment A - Initial Study Responses VTT 15427, CUP 97-001 & DR 97-001 March 24, 1997 Page 15 Sources: Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan. Mitigation/Monitoring Required: None Required. 16. MANDATORY FINDINGS OF SIGNIFICANCF Items a-d - "No Impact": The project in and of itself will not cause negative impacts to wildlife habitat, nor limit the achievement of any long-term environmental goals, nor have impacts which are potentially individually limited but are cumulatively considerable and could potentially have an indirect adverse impact on human beings. 'The program EIR 85- 2, as amended, addressed all of these concerns and this project is fully within the scope of 'that discussion. Sources: Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan East tustin Development agreement, Second Amendment Mitigation/Monitoring Required: None required. DF:br :TT15427'. ENV 1 RESOLUTION NO. 97-34 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 ¸28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) PREPARED FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 15427. APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY 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: Ao That Vesting Tentative Tract Map 15427 and respective development plans are considered "prOjects'' pursuant to the terms of the California Environmental Quality Act; and m o That the projects are covered by a previously certified Final Environmental Impact Report 85-2, as amended, for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. II. The East Tustin Specific Plan Final Environmental Impact Report (85-2), previously certified on March 17, 1986, as modified by subsequently adopted supplements and addenda, was considered prior to approval of this project. The City Council hereby finds: that this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. The applicable mitigation measuresand alternatives developed in the Program EIR are incorporated into this project. The Final EIR is, therefore, determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of the California Environmental Quality Act. Further, the City Council finds the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources; and therefore, makes a De Minimus Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. ATTACHMENT F 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution 97-34 Page 2 Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigate potential significant environmental effects thereof. The mitigation measures are identified as Conditions on Exhibit A of Planning Commission Resolution No. 3521 approving Design Review 97-001 and Conditional Use Permit 97-001, and Resolution'No. 3522 recommending approval of Vesting Tentative Tract Map 15427. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 5th day of May, 1997. PAMELA STOKER CITY CLERK JEFFERY M. THOMAS MAYOR 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. 97-34 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 5th day of May, 1997, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK ~7 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 15427 'LOCATED AT THE SOUTHEAST CORNER OF IRVINE BOULEVARD AND TUSTIN R3tNCH ROAD. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Vesting Tentative Tract Map No. 15427 was submitted to the City Council by Baywood Development Group for consideration; B o That a public hearing was duly called, noticed and held for said map on April 28, 1997 by the Planning Commission and on May 5, 1997 by the City Council; C . That Environmental Impact Report 85-2, as modified by supplements and addenda, for the East Tustin Specific Plan, has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project; m o That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single-family dwellings; E . The .4452 acres of parkland required for this development was previously dedicated with recordation of Tract 15055; F . That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, for the impact of Vesting Tentative Tract 15427 On School District' facilities, and changes in state law. The impacts associated with this approval on School District Facilities are adequately addressed; G o That the site is physically suitable for the type of development proposed; That the site is physically suitable for the proposed density of development; I . That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolutioh .o. 97-35 Page 2 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; Ko That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; m o 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 (ELS); and, M o The proposed project has been reviewed for conformity with the provisions of Measure M/Growth Management Program, and it has been determined that the proposed project is exempt from the provisions of Measure "M" in that it has entitlement specified in a development agreement entered into in 1985, and the estimated project generated traffic does not cause the roadway system to exceed established level of service standards. II. The City Council hereby approves Vesting Tentative Tract Map'No. 15427 located at the southeast corner of Irvine Boulevard and Tustin Ranch Road, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 3522 incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 5th day of May, 1997. PAMELA STOKER CITY CLERK JEFFERY M. THOMAS MAYOR