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HomeMy WebLinkAboutP.H. 1 T.T. MAP 14371 01-20-92JANUARY 20, 1992 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING N0. 1-20-92 VESTING TENTATIVE TRACT MAP 14371 RECOMMENDATION It is recommended that the City Council take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 92-05; and 2. Approve Vesting Tentative Tract Map 14371 by adopting Resolution No. 92-06, subject to the conditions contained in Exhibit A, attached thereto. BACKGROUND ' This item was continued from the January 6, 1992, City Council meeting to reschedule the item as a public hearing in response to a petition submitted by concerned neighbors in the unincorporated county territory to the west of the project site. The petition, submitted to the Community Development Department on January 13, 1992, discussed several concerns with the subject project (Attachment A). These concerns centered on the conditions of the eucalyptus trees on the adjacent property to the north, and the potential for Cactus Wren to be present on the site. Ninety- five residents of the area signed the petition, representing 52 addresses in the unincorporated county area. Of these 52 addresses, nine are within the 300 -foot radius required to be noticed by state law. A public hearing notice identifying the time, date and location of the public hearing on this project was published in the Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices. were posted on the site and the Police Department. In addition, notices were sent to those persons who signed the petition. The applicant was informed of the availability of a staff report on this project. City Council Report VTTM 14371 January 20, 1992 Page 2 DISCUSSION Trees The petition discussed the condition of existing eucalyptus trees, which may be a fire hazard, on Lots 12, 13, 24 and 25 of Tract 13627 to the north and east of the subject site. Proposed development plans for Lots 12, 13, 24 and 25 include a reforestation plan that would remove the existing unhealthy trees. New sloped areas would receive newly planted trees that would be maintained and irrigated, significantly reducing any potential fire hazard. As proposed, the development of Tract 14371 will provide a buffer between the existing houses in the unincorporated county area and the adjacent hillside area. The unattached, single-family.dwelling units proposed for Tract 14371 are stucco -clad structures, with concrete tile roofs. Water will be supplied to the new development and fire hydrants will be provided as required by the Orange County Fire Department (O.C.F.D.). The O.C.F.D. has also reviewed the site plan to ensure that adequate access will be provided for emergency vehicles. Trees proposed for the development are on sloped areas generally located on the perimeter of the project and in backyards. Proposed trees include eucalyptus camaldalensis, the red gum tree; eucalyptus sideroxylon rosea, the red iron bark; and the pinus canariensis, the canary island pine. Proposed interior streetscape trees are carrotwood, and proposed development entry trees are California pepper trees. The O.C.F.D. has no requirements regarding the types of trees planted and have not indicated that any special measure concerning landscaping should be taken. However, staff did. contact the O.C.F.D. Wildland Fire Defense Management Section who provided staff with a published Fuel Modification Plant List which indicate the types of trees which are most fire resistant. The red ironbark tree was called out as a fire resistant tree along with eleven other eucalyptus. The Wildland Fire Defense Management Section publication warned that "there is no such thing as a plant that will not burn", however fire resistance may be enhanced through consistent irrigation maintenance. Several guidelines for planting near fire risk areas include: planting trees for the purpose of providing screening two to three trees in a group, with the mature foliage of groups separated horizontally by at least 30 feet; 1 imit ing .the use of trees that have dry foliage during part of the year, or have shaggy or deciduous bark, or have dry undergrowth; limit massing of City Council Report VTTM 14371 January 20, 1992 Page 3 planting material near buildings, limit massing of shrubs at the base of trees and large shrubs; maintain vegetation on an annual basis; and provide consistent hydration. Although Tract 14371 is not within an area that would require a "fuel modification plan", suggestions from the Wildland Fire Defense Management Section publication may be considered for this project. An additional condition of approval stating that the specific species of trees to be planted in mass groupings along the west, north and east perimeters of the project be from the Fuel Modification Plant List published by the O.C.F.D. Wildland Fire Defense Management Section, prior to landscape plan approval subject to approval of the O.C.F.D. Cactus Wren - The second item of concern addressed in the attached petition was that of the Cactus Wren. Several of these birds, which are being considered for inclusion on the list of endangered species, were sited within Lot 12, 13, 24 and 25 of Tract 13627 to the north and east of the subject site. Additional environmental evaluation is currently being completed in conjunction with development plans for these lots related to the confirmed presence of Cactus Wren. The consultant completing this study has surveyed the subject site ( Tract 14 3 71) and has not identified the Cactus Wren or its habitat on the subject site which has been rough graded; therefore, no additional environmental work needs to be considered at this time. Please see the attached staff report dated January 6, 1992, for further information on this project. CONCLUSION Given the further analysis conducted by the Community Development Department in regard to the concerns cited in a petition submitted by residents in the unincorporated county area, it is concluded that the project, as conditioned, meets the requirements of the East Tustin Specific Plan, the Subdivision Map Act, as adopted, and the California Environmental Quality Act. City Council Report VTTM 14371 January 20, 1992 Page 4 It is recommended that the City Council approve Vesting Tentative Tract Map 14371, as submitted or revised. V� Becky Stone Assistant Planner CAS: BCS:nm/vtm14371.bs2 ;ze . Christine A. Shing on Assistant City Manager Community Development Department Attachments: Resolution. Nos. 92-05 & 92-06 Attachment A - Petition Attachment B - Staff Report for January 6, 1992 1 2 3 4 5 6 7 8'. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) 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 14371 AND ALL FEASIBLE 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: A. That Vesting Tentative Tract Map 14371 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality.Act; and B. That the project is covered by a previously certified Final Environmental Impact Report for the East Tustin Specif is 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: 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. All. feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The City Council has found that the project involves no potential for. any adverse effect, either individually or cumulatively, on wild life resources and makes a De Minimis Impact Finding related to AB 3158, Chapter 1206, Statutes of 1990. Therefore, the Final EIR, is determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of the California Environmental Quality Act. s c f 11 1' 1' 1' l� 1' 11 1' 1' 1' 2+ 2' 2' 2; 2 2 2 2 2 Resolution No. 92-05 January 20, 1992 Page 2 Applicable measures identified in the Final EIR have been incorporated into this project which mitigate any potential significant environmental effects thereof. The mitigation measures are identified as Conditions in Resolution No. 92-06 approving Tentative Tract Map 14371. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 20th day of January, 1992. CHARLES E. PUCKETT Mayor MARY WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 92-05 MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is f ive; that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council held on the 20th day of January, 1992, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: MARY E. WYNN, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 14371 TO CREATE 55 NUMBERED AND THREE (3) LETTERED LOTS FOR A SINGLE-FAMILY RESIDENTIAL PROJECT LOCATED ON LOT 26 OF TRACT 13627. The City Council of the City of Tustin does hereby resolve a follows: I. The City Council finds and determines as follows: A. That Vesting Tentative Tract Map No. 14371 wa submitted to the City Council by Glencrest fo consideration. B. That a public hearing was duly called, noticed an, held for said map on November 25, 1991 by th Planning Commission and January 20, 1992 by th City Council. C. That an Environmental Impact Report (EIR 85-2 fo the East Tustin Specific Plan) has been certif ie in conformance with the requirements of th California Environmental Quality Act for th subject project area. D. That the proposed subdivision is in conformanc with the Tustin Area General Plan, adopted Eas Tustin Specific Plan, Development Agreement an Subdivision Map Act as it pertains to th development of single-family dwellings. E. The .6930 acres of parkland required for thi development was previously dedicated wit recordation of Tract 13627. F. That the City has reviewed the status of the Schoo Facilities Agreement between the Irvine Company an the Tustin Unified School District, the East Tusti Specific Plan, EIR 85-2 with subsequently adopte supplements and addenda, the impacts of Tentativ Tract Map 14371 on School District facilities, an reviewed changes in State law, and finds an determines that the impacts on School Distric facilities by approval of this map are adequatel addressed. G. That the site is physically suitable for the tyr of development proposed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 92-06 January 20, 1992 Page 2 H. That the site is physically suitable for th proposed density of development. I. That the design of the subdivision or the propose improvements are not likely to cause substantia environmental damage or substantially and avoidabl injure fish or wildlife in their habitat. J. That the design of the subdivision or the type o improvements proposed will not conflict wit easements acquired by the public -at -large, fo access through or use of the property within th proposed subdivision. K. That the design of the subdivision or the types o improvements proposed are not likely to caus serious public health problems. II. The City Council hereby approves Vesting Tentative Trac Map No. 14371 subject to the conditions contained i Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Cit Council held on the 20th day of January, 1992. MARY WYNN City Clerk CHARLES E. PUCKETT Mayor EXHIBIT A VESTING TENTATIVE TRACT MAP 14371 RESOLUTION NO. 92-06 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 1.1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and construct or post security guaranteeing (3) construction of all public and/or private, infrastructure (6) improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: A. B. C. D. E. F. G. H. I. J. L. M. N. 0. P. Q• Curb and gutter/cross gutters Sidewalks including access facilities for physically handicapped persons Drive aprons/approach Street paving Street signing and paving Landscaping/irrigation facilities Sanitary sewer service facilities Domestic water service facilities Reclaimed water service facilities Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities) Traffic signal systems and other traffic control devices Street and paseo lighting Storm drains and subdrains (* The private storm drain facilities within this tract will be maintained by homeowner's association) Undergrounding of existing and distribution lines Lot monumentation Fire hydrants Bus stops and other facilities such benches proposed utility as bus shelters and (1) The amount of acceptable security for construction of public (6) 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. --------------------------------------------------------------- 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 - Conditions of Approval VTTM 14371 Resolution No. 92-06 Page 2 (1) 1.2 All construction within a public right-of-way and/or public easement must be shown on a separate 24" X 36" plan with all construction referenced to applicable City, County, or Irvine Ranch Water District standard drawing numbers. (1) 1.3 All changes in existing curbs, gutters, -sidewalks and other (6) public improvements shall be the responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: (2) (6) A. Sanitary sewer facilities to the satisfaction of the Irvine Ranch Water District or the City of Tustin, whichever agency is applicable at the time the plan is commended. B. A domestic water system must be to the standards of the Irvine Ranch Water District/City of Tustin Water Service, 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 be to the standards as required by the Irvine Ranch Water District. C. Sewer and water facilities shall be clearly indicated as publicly maintained. Maintenance access to water facilities shall be the responsibility of the homeowner's association and accommodations for such access shall be established prior to building permit issuance. (1) 1.5 Proposed streets shall be designed to the following (5) specifications: (6) A. All proposed streets shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. B. All streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used. Exhibit A - Conditions of Approval VTTM 14371 Resolution No. 92-06 Page 3 C. Sidewalks shall flare to provide a five -foot -wide minimum clear width around all above -ground facilities, such as signing, street lights and fire hydrants, located within the sidewalk area. Above -ground facilities located outside of sidewalk widths and within public utility easement areas are subject to condition 7.1 N. of this Exhibit. D. Street names are subject to approval of the Tustin Street Naming Committee and Community Development Department. (1) 1.6- Streets, storm drain, water and sewer improvement plans (6) shall comply with the "City of Tustin" Minimum Design (8) Standards for On-site Street and Storm Drain Improvements. (1) 1.7 Existing sewer, domestic water, reclaimed water and storm (5) drain service/laterals shall be utilized. (5) 1.8 Should a traffic signal be required at the intersection of Pioneer Road and Pioneer Way by the City Engineer, the subdivision shall be responsible for 15 percent of the cost of the signal, as determined by the Department of Public Works. Prior to approval of the Final Tract Map, the City will require a bond satisfactory to the City Attorney in the amount of $22,500.00 to be credited toward the developer's share of the cost of the signal. DEDICATIONSIRESERVATIONS/EASEMENTS (1) 2.1 The subdivider shall satisfy dedication and/or reservation (2) requirements as applicable, including but not limited to (5) dedication of all required street and flood control (6) right-of-way easements, vehicular access rights, sewer (8) easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the final -map, subdivider shall post (2) with the Community Development Department a minimum $2,500 (6) 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. Exhibit A - VTTM 14371 Resolution Page 3 Conditions of Approval No- 92-06 C. Sidewalks shall flare to provide a f ive-foot-wide minimum clear width around all above -ground facilities, such as signing, street lights and fire hydrants, located within the sidewalk area. Above -ground facilities located outside of sidewalk widths and within public utility easement areas are subject to condition 7.1 N. of this Exhibit. D. Street names are subject to approval of the Tustin Street Naming Committee and Community Development Department. (1) 1.6 Streets, storm drain, water and sewer improvement plans (6) shall comply with the "City of Tustin" Minimum Design (8) Standards for On-site Street and Storm Drain Improvements. (1) 1.7 Existing sewer, domestic water, reclaimed water and storm (5) drain service/laterals shall be utilized. (5) 1.8 Should a traffic signal be required at the intersection of Pioneer Road and Pioneer Way by the City Engineer, the subdivision shall be responsible for 15 percent of the cost of the signal, as determined by the Department of Public Works. Prior to approval of the Final Tract Map, the City will require a bond satisfactory to the City Attorney in the amount of $22,500.00 to be credited toward the developer's share of the cost of the signal. DEDICATIONS/RESERVATIONSIEASEMENTS (1) 2.1 The subdivider shall satisfy dedication and/or reservation (2) requirements as applicable, including but not limited to (5) dedication of all required street and flood control (6) right-of-way easements, vehicular access rights, sewer (8) easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the final map, subdivider shall post (2) with the Community Development Department a minimum $2,500 (6) 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. Exhibit A _ Conditions of Approval VTTM 14371 Resolution No. 92-06 Page 4 (1) 3.2 Any damage done to existing street improvements and utilities (6) 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) 3.3 Prior to any work in the public right-of-way, an Excavation Permit must be obtained from and applicable fees paid to the Public Works Department. GRADINGIGENERAL (1) 4.1 Prior to issuance of grading permits: (2) (6) A. A detailed soils engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable State and local laws, regulations and requirements. B. Preparation and submittal of a grading plan subject to approval by the Department of Community Development delineating the following information: 1. 2. 3. 4. Methods of drainage in accordance with all applicable City standards. All recommendations submitted soils engineer and specifically Compliance with conceptual tentative tract map. A drainage plan and necessary such as hydrology calculations following requirements: by geotechnical or approved by them. grading shown on support documents to comply with the 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 rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow and ponding across lot lines. C. Provision of drainage facilities to protect the lots from any high velocity scouring action. Exhibit A - Conditions of Approval VTTM 14371 Resolution No. 92-06 Page 5 d. Provision for tributary adjoining properties. 5. All flood hazard areas of record. drainage from 6. 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. *** 7. Note on plans that a qualified paleontologist/ archeologist, as appropriate, shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archeologist subject to review and approval by the Department of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/ archeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. 8. Preparation of 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. C. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. (1) 4.2 All earthwork shall be performed in accordance with the City (3) of Tustin Municipal Codes and grading requirements. FIRE DEPARTMENT (5) 5.1 Prior to the recordation of a final tract map, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated and approved by the Chief. Exhibit A - Conditions of Approval VTTM 14371 Resolution No. 92-06 Page 6 (5) 5.2 Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet requirements and fire -flow prior to commencing construction with combustible materials. (5) 5.3 Prior to the issuance of any building permits, a construction phasing plan shall be submitted to and approved by the Fire Chief. The purpose of this review is to evaluate the adequacy of emergency vehicle access for the number of dwelling units served. (5 ) 5.4 Prior to the issuance of any building permits, all underground piping for automatic fire extinguishing systems shall be approved. Plans for an automatic fire extinguishing system shall be approved by the Fire chief prior to installation. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. Lots 14, 25 and 53 shall have sprinkler systems in structures. (5 ) 5.5 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a Blue Reflective Pavement Marker" indicating its location on the street or drive per Orange County Fire Department Standard. On private property these markers are to be maintained in good condition by the property owner. ** 5.6 The specific species of trees to be planted in mass groupings along the west, north and east perimeters of the project by the developer shall be approved by the O.C.F.D. Wildland Fire Defense Management Section prior to landscape plan approval. NOISE (1) 6.1 Prior to the issuance of any building permits: (2) (3) A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. Exhibit A - Conditions of Approval VTTM 14371 Resolution No. 92-06 Page 7 All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 CNEL in outdoor areas and an interior standard of 45 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. (1) 6.2 Prior to issuance of any Certificates of Use or Occupancy, (3) f ield testing in accordance with the Title 14 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (1) 6.3 All construction operations including engine warm up shall be (9) subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. CC&R'S (1) 7.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, (8) covenants, conditions, and restrictions shall be Submitted to (9) and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after their recordation. CC&R's shall include but not be limited to the following provisions: A. Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of a Homeowner's Association, the City shall be included as a party to the CC&R's for enforcement purposes of those CC&R provision:s in which the City has interest, as reflected by the following B through P. However, the City shall not be obligated to enforce the CC&R's. B. The requirement that association bylaws be established. Exhibit A - VTTM 14371 Resolution Page 8 Conditions of Approval No. 92-06 C. Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences and paseos. D. Membership in any Homeowner's Association and Master Association shall be inseparable from ownership in individual lots. E. Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. F. Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: (1) All common area landscaping and private lawn areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. All planted areas other than lawns shall be free of weeds, dead vegetation and debris. All trees and shrubs shall be trimmed so they do not impede pedestrian traff is along the walkways. Trees shall be pruned so they do not intrude into neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. (2 ) Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within the boundaries of the subdivision and Homeowner's Association, to surrounding property, or to property or - Exhibit A - Conditions of Approval VTTM.14371 Resolution No. 92-06 Page 9 improvements within three hundred (300) feet of the property may also be added as alternative language. G. Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&R' s . All plans submitted to the City shall bear the Association's stamp and authorized signature of approval. H. Residents shall not store or park any non -motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking or driveway area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. I. All utility services serving the site shall be installed and maintained underground. J. The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. K. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. L. Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary by a Homeowner's Association. This shall not preclude a Homeowner's Association from assessing charges to individual property owners for structural damage to the wall or fence. M. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall or other CC&R Exhibit A - Conditions of Approval VTTM 14371 Resolution No. 92-06 Page 10 provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. N. Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the three-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 it relates to their specific property. O. Maintenance of all manufactured slopes on individual lots shall be the responsibility of the individual property owners. P. The Homeowner's Association shall maintain membership in and assume all corresponding duties and responsibilities of the established Master Homeowner's Association for purposes of maintaining Township Drive and Rawlings Way, and gated private streets. Q. Notification of storm drain easements located beneath driveways on lots 14 and 25 shall be provided in the CC&R's and in the deed. R. In the event the storm drains on lots 14 and 25 require maintenance that restricts access to the property, a steel plate shall be placed over the trench during non- working hours to ensure access to the property. TENANT/HOMEBUYER NOTIFICATION (1) 8.1 Prior to issuance of Certificate of Occupancy: (2) A. A document separate from the deed, which will be an information notice to future tenants/homebuyers of aircraft noise impacting the subdivision, shall be recorded. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. - Exhibit A - Conditions of Approval VTTM 14371 Resolution No. 92-06 Page 11 B. The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literature for the residential project with the approved aircraft/helicopter noise statement and the approved schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. C. The subdivider shall provide the City with a copy of the approved aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. D. 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. E. The Subdivider shall provide the City with a statement, signed by each tenant/homebuyer, containing a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. F. A document, separate from the deed, which will be an information notice to future tenants/homebuyers of lots 14 and 25 that a storm drain easement exists on said lots and that access to the property may be obstructed at times of repair or maintenance. (1) 8.2 Subdivider shall notify all potential homebuyers of the (5) following Assessment/Maintenance Districts affecting the property: A. Assessment District 86-2 Exhibit A - Conditions of Approval VTTM 14371 Resolution No. 92-06 Page 12 B. City of Tustin 1982 Landscaping and Lighting District as amended. FEES (1) 9.1 Prior to recordation of any final map, Subdivider shall pay (5) plan check and inspection fees for all public and/or private infrastructure improvements within City's responsibility excluding those financed by an Assessment District. (1) 9.2 Payment of all Assessment District No. 86-2 reapportionment (5) fees shall be made prior to recordation of the Final Map. (1) 9.3 Prior to issuance of certificates of use or occupancy, the (5) Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to any Assessment Districts applicable to the subdivision. (1) 9.4 Prior to issuance of any building permits, payment shall be (5) made of all required fees including: A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C. Grading plan checks and permit fees to the Community Development Department. D. All applicable Building plan check and permit fees to the Community Development Department. E. New development fees to the Community Development Department. F. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. G. Required East Tustin Facility Fees as may be adjusted to reflect cost of living increases prior to issuance of building permits: 1) Civic Center Expansion Fee 2) Irvine Boulevard Widening Fee Exhibit A - Conditions of Approval VTTM 14371 Resolution No. 92-06 Page 13 3) Fire Protection Facility Fee H. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enable the City to file the Notice of Determination required under Public Resources code Section 21151 and 14 Cal. Code of Regulations 15094. If within such forty- eight (48) hour period that the applicant has not delivered to the Community Development Department the above -noted check, the approval for the project granted herein shall be considered automatically null and void. 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. I, Payment of subdivider's execution of a subdivision/monumentation agreement and furnishing improvement/monumentation bonds as required by the City Engineer. GENERAL (1) 10.1 Within 24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) 10.2 Prior to occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 10.3 Prior to final map approval. A. Subdivider shall submit a current title report. - Exhibit A - Conditions of Approval VTTM 14371 Resolution No. 92-06 Page 14 B. Provision for landscaping maintenance of landscape lots, paseos and easements adjacent to project private streets shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 14371. C. Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance. (1) 10.4 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, EIR 85-2, and applicable conditions for Final Map 13627. (1) 10.5 The cumulative number of residential units for which (9 ) certificate of occupancy may be issued shall not exceed the (5) cumulative total of square feet of occupied revenue generating (2 ) uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. 10.6 Prior to release of building permits, all conditions of approval of Design Review 91-11 of the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 2981 and incorporated herein by reference. However, applicant will be permitted to obtain building permits for model unit construction prior to approval of Final Map 14371 provided all Building Code requirements have been met including Public Works, Fire Department and Community Development Department requirements and approvals. BCS: rim i PETITION NO. WE THE UNDERSIGNED RESIDENTS OF THE RED HILL RIDGE/RACQUET HILL COMMUNITY PETITION THE TUSTIN CITY COUNCIL NOT TO APPROVE A VESTING BUILDING PERMIT OR TRACT MAP FOR THE GLENCREST PROJECT ( 91- 11) WITHOUT CONDITIONING COMMENCEMENT OF THE PROJECT ON COMPLETION OF FOOTHILL COMMUNITY BUILDERS' REFORESTATION PLAN, A PROJECT NOW PENDING STUDY BY THE PLANNING COMMISSION (90-49, 91-21, 91-03). THESE ARE OUR REASONS: 1. The City of Tustin has received a report in connection with FOOTHILL COMMUNITY BUILDERS' project from Urban Forestry Consultants which reveals that there are 20,000 trees directly adjacent to the proposed GLENCREST project on its entire northern perimeter AND only 1656 of them are NOT dead or dying. Most of them are of the highly flammable Eucalyptus variety. When the Santa Ana winds inevitably return, so too will the risk of a fire rivaling the Peters Canyon and Gypsum Canyon fires, perhaps even those recently experienced in Alameda and Santa Barbara Counties. 2. The GLENCREST project proposes to plant numerous trees in its development, mostly fire hazardous pines and Eucalyptus. Thus, even in moderate Santa Ana conditions, a fire started in FOOTHILL COMMUNITY BUILDERS' project area will have an easy path to Red Hill Ridge. More fire resistent trees would only lessen the risk somewhat, however. 3. It now appears that the FOOTHILL COMMUNITY BUILDERS reforestation plan may be placed on indefinite hold, or even abandoned all together eventually, because of the discovery of a threatened and possibly endangered species, the COASTAL CACTUS WREN, on the site. (See attached news story.) 4. GLENCREST'S proximity to the wren habitat should require a supplemental environmental impact report with respect to its project, as is now being considered for the FOOTHILL COMMUNITY BUILDERS site. 5. The City of Tustin will face crushing litigation costs and potential liability exposure in the hundreds of millions of dollars or more if it permits the GLENCREST project to go forward and the trees and homes placed there become the means of spreading a major fire from the dead Eucalyptus forest to Red Hill Ridge. We are the potential plaintiffs in such suits if irresponsible action by the City of Tustin endangers our family and drives us from our homes. IT WOULD BE GROSSLY IRRESPONSIBLE TO GRANT UNCONDITIONAL APPROVAL TO THE GLENCREST PROJECT UNTIL SUCH TIME AS THE FIRE DANGER IS ABATED AT THE FOOTHILL COMMUNITY BUILDERS SITE. Name Address Attachment A 8. 9. `l 7 Z d4.9c 7os- qz 12 r 13. !�A, D -76S 14.�24/ 15 . t, I 1 Po S S >, �a cd •., .c .° c o.c d Once u 0 0� a o `• ��$i � E; •��v H 3 �3t000 .0 uuSeesOu �� o�20 w� vu�.= $ eek LL) a =>,•v C a 'd S .• u H 00 29 @a� ea w a Q 0 •� ". � rO+ A 0 ..� � to >"a � ld R .... y •� 8 •v1 � �+ l� V L u -cc cd sE •v op" 42 is a aa" 3 .a � a LD•-•�.a eo��oaa Q''0o i B'cl0 04,0 0 -� y0.8 'y O V �• .�ayio.V a u r+ y ••• eoA 0. .8 •S a;pq .s w a, -a�.b-s.8aA$O •a0� ca auu 00o Go 0 a• K °�•o o'$ c a �• h ca � O C14 C43 ao Cog y oao Y .0 O CL 2 a .O C% a to h O .O a.s >, �E-- d 0�� U d ' ~ � p O �� a O a U y .0.. U ti '•'"+ u U 6 0 -0 'y O V 0,0 a•a 0.0 u y .�ayio.V a u r+ y Kao�� d :a00 .off as C3 � w ••yi ou � •� ed N •d y• y pp .a ri Q .L ... N C3 ;1,o va r' CIS y y a+ o �,,0 z,U s a� - h ba.•�o 0a.0c0Oi• �o 0 x � C14 C43 ao P. o � .� y � A.'� Q -- am u oao •0 ~�a•� .sa~qoacd .a Q •� y rn p• > ESU Q C^ �Q �. 0 U a a: U -1-5M 1 %0 `o 4 v a h v v O a� e EL o eon 84 4 3 3y0� � v a F;Y ae 4 o v�� •� `� n� o •C y . CA v L� CSM cn >'T 5cn L 00 6 CO)� Q V :z oQ V :z a� 1 %0 `o 4 v a h v v O a� e EL o eon 84 4 3 3y0� � v a F;Y ae 4 o v�� •� `� n� o •C y . CA v L� CSM cn >'T 5cn L 00 PETITION NO. 2 ---- WE THE UNDERSIGNED RESIDENTS OF THE RED HILL RIDGE/RACQUET HILL COMMUNITY PETITION THE TUSTIN CITY COUNCIL NOT TO APPROVE A VESTING BUILDING PERMIT OR TRACT MAP FOR THE GLENCREST PROJECT ( 91- 11) WITHOUT CONDITIONING COMMENCEMENT OF THE PROJECT ON COMPLETION OF FOOTHILL COMMUNITY BUILDERS' REFORESTATION PLAN, A PROJECT NOW PENDING STUDY BY THE PLANNING COMMISSION (90-49, 91-21, 91-03). THESE ARE OUR REASONS: 1. The City of Tustin has received a report in connection with FOOTHILL COMMUNITY BUILDERS' project from Urban Forestry Consultants which reveals that there are 20,000 trees directly adjacent to the proposed GLENCREST project on its entire northern perimeter AND only 1656 of them are NOT dead or dying. Most of them are of the highly flammable Eucalyptus variety. When the Santa Ana winds inevitably return, so too will the risk of a fire rivaling the Peters Canyon and Gypsum Canyon fires, perhaps even those recently experienced in Alameda and Santa Barbara Counties. 2. The GLENCREST project proposes to plant numerous trees in .its development, mostly fire hazardous pines and Eucalyptus. Thus, even in moderate Santa Ana conditions, a fire started in FOOTHILL COMMUNITY BUILDERS' project area will have an easy path to Red Hill Ridge. More fire resistent trees would only lessen the risk somewhat, however. 3. It now appears that the FOOTHILL COMMUNITY BUILDERS reforestation plan may be placed on indefinite hold, or even abandoned all together eventually, because of the discovery, of a threatened and possibly endangered species, the COASTAL CACTUS WREN, on the site. (See attached news story.) 4. GLENCREST'S proximity to the wren habitat should require a supplemental environmental impact report with respect to its project, as is now being considered for the FOOTHILL COMMUNITY BUILDERS site. 5. The City of Tustin will face crushing litigation costs and potential liability exposure in the hundreds of millions of dollars or more if it permits the GLENCREST project to go forward and the trees and homes placed there become the means of spreading a major fire from the dead Eucalyptus forest to Red Hill Ridge. We are the potential plaintiffs in such suits if irresponsible action by the City of Tustin endangers our family and drives us from our homes. IT WOULD BE GROSSLY IRRESPONSIBLE TO GRANT UNCONDITIONAL APPROVAL TO THE GLENCREST PROJECT UNTIL SUCH TIME AS THE FIRE DANGER IS ABATED AT THE FOOTHILL COMMUNITY BUILDERS SITE. Name Address 1 ��✓C.�.t--Ll� �J � ��i/- /".�� I' _ �, .._ `l � ,��i." tii.��{.'c"-.'ice �"�7 / 74-, �, ��bs r C�2 Z At 7. 797_/ 1XA1e /-A/7 o 70,5 (AL 12. 13. 14. 15� o 2--2-c/ lt—� 4T � 70 r 16. 17. Z Zl L 19. 1 20 PETITION N0. WE THE UNDERSIGNED RESIDENTS OF THE RED HILL RIDGE/RACQUET HILL COMMUNITY PETITION THE TUSTIN CITY COUNCIL NOT TO APPROVE A VESTING BUILDING PERMIT OR TRACT MAP FOR THE GLENCREST PROJECT (9 1- 11) 91- 11) WITHOUT CONDITIONING COMMENCEMENT OF THE PROJECT ON COMPLETION OF FOOTHILL COMMUNITY BUILDERS' REFORESTATION PLAN, A PROJECT NOW PENDING STUDY BY THE PLANNING COMMISSION (90-49, 91-21, 91-03). THESE ARE OUR REASONS: 1. The City of Tustin has received a report in connection with FOOTHILL COMMUNITY BUILDERS' project from Urban Forestry Consultants which reveals that there are 20,000 trees directly adjacent to the proposed GLENCREST project on its entire northern perimeter AND only 1656 of them are NOT dead or dying. Most of them are of the highly flammable Eucalyptus variety. When the Santa Ana winds inevitably return, so too will the risk of a fire rivaling the Peters Canyon and Gypsum Canyon fires, perhaps even those recently experienced in Alameda and Santa Barbara Counties. 2. The GLENCREST project proposes to plant numerous trees in its development, mostly fire hazardous pines and Eucalyptus. Thus, even in moderate Santa Ana conditions, a fire started in FOOTHILL COMMUNITY BUILDERS' project area will have an easy path to Red Hill Ridge. More fire resistent trees would only lessen the risk somewhat, however. 3. It now appears that the FOOTHILL COMMUNITY BUILDERS reforestation plan may be placed on indefinite hold, or even abandoned all together eventually, because of the discovery of a threatened and possibly endangered species, the COASTAL CACTUS WREN, on the site. (See attached news story.) 4. GLENCREST IS proximity to the wren habitat should require a supplemental environmental impact report with respect to its project, as is now being considered- for the FOOTHILL COMMUNITY BUILDERS site. 5. The City of Tustin will face crushing litigation costs and potential liability exposure in the hundreds of millions of dollars or more if it permits the GLENCREST project to go forward and the trees and homes placed there become the means of spreading a major fire from the dead Eucalyptus forest to Red Hill Ridge. We are the potential plaintiffs in such suits if irresponsible action by the City of Tustin endangers our family and drives us from our homes. IT WOULD BE GROSSLY IRRESPONSIBLE TO GRANT UNCONDITIONAL APPROVAL TO THE GLENCREST PROJECT UNTIL SUCH TIME AS THE FIRE DANGER IS ABATED AT THE FOOTHILL COMMUNITY BUILDERS SITE. Name Address .--2 2. 3. 4. 5. 3 .� . 33/ 8f9Il /Z G i e-) "V/l i�' / t,*'C JW. PETITION NO. WE THE UNDERSIGNED RESIDENTS OF THE RED HILL RIDGE/RACQUET HILL COMMUNITY PETITION THE TUSTIN CITY COUNCIL NOT TO APPROVE A VESTING BUILDING PERMIT OR TRACT MAP FOR THE GLENCREST PROJECT ( 91- 11) WITHOUT CONDITIONING COMMENCEMENT OF THE PROJECT ON COMPLETION OF FOOTHILL COMMUNITY BUILDERS' REFORESTATION PLAN, A PROJECT NOW PENDING STUDY BY THE PLANNING COMMISSION (90-49, 91-21, 91-03). THESE ARE OUR REASONS: 1. The City of Tustin has received a report in connection with FOOTHILL COMMUNITY BUILDERS' project from Urban Forestry Consultants which reveals that there are 20,000 trees directly adjacent to the proposed GLENCREST project on its entire northern perimeter AND only 1656 of them are NOT dead or dying. Most of them are of the highly flammable Eucalyptus variety. When the Santa Ana winds inevitably return, so too will the risk of a fire rivaling the Peters Canyon and Gypsum Canyon fires, perhaps even those recently experienced in Alameda and Santa Barbara Counties. 2. The GLENCREST project proposes to plant numerous trees in its development, mostly fire hazardous pines and Eucalyptus. Thus, even in moderate Santa Ana conditions, a fire started in FOOTHILL COMMUNITY BUILDERS' project area will have an easy path to Red Hill Ridge. More fire resistent trees would only lessen the risk somewhat, however. 3. It now appears that the FOOTHILL COMMUNITY BUILDERS reforestation plan may be placed on indefinite hold, or even abandoned all together eventually, because of the discovery of a threatened and possibly endangered species, the COASTAL CACTUS WREN, on the site. (See attached news story.) 4. GLENCREST'S proximity to the wren habitat should require a supplemental environmental impact report with respect to its project, as is now being considered for the FOOTHILL COMMUNITY BUILDERS site. 5. The City of Tustin will face crushing litigation costs and potential liability exposure in the hundreds of millions of dollars or more if it permits the GLENCREST project to go forward and the trees and homes placed there become the means of spreading a major fire from the dead Eucalyptus forest to Red Hill Ridge. We are the potential plaintiffs in such suits if irresponsible action by the City of Tustin endangers our family and drives us from -our homes. IT WOULD BE GROSSLY IRRESPONSIBLE TO GRANT UNCONDITIONAL APPROVAL TO THE GLENCREST PROJECT UNTIL SUCH TIME AS THE FIRE DANGER IS ABATED AT THE FOOTHILL COMMUNITY BUILDERS SITE. Name Address ' . ` � �.Ze � PETITION NO. WE THE UNDERSIGNED RESIDENTS OF THE RED HILL RIDGE/RACQUET HILL COMMUNITY PETITION THE TUSTIN CITY COUNCIL NOT TO APPROVE A VESTING BUILDING PERMIT OR TRACT MAP FOR THE GLENCREST PROJECT ( 91- 11) WITHOUT CONDITIONING COMMENCEMENT OF THE PROJECT ON COMPLETION OF FOOTHILL COMMUNITY BUILDERS' REFORESTATION PLAN, A PROJECT NOW PENDING STUDY BY THE PLANNING COMMISSION (90-49, 91-21, 91-03). THESE ARE OUR REASONS: 1. The City of Tustin has received a report in connection with FOOTHILL COMMUNITY BUILDERS' project from Urban Forestry Consultants which reveals that there are 20,000 trees directly adjacent to the proposed GLENCREST project on its entire northern perimeter AND only 1656 of them are NOT dead or dying. Most of them are of the highly flammable Eucalyptus variety. When the Santa Ana winds inevitably return, so too will the risk of a fire rivaling the Peters Canyon and Gypsum Canyon fires, perhaps even those recently experienced in Alameda and Santa Barbara Counties. 2. The GLENCREST project proposes to plant numerous trees in its development, mostly fire hazardous pines and Eucalyptus. Thus, even in moderate Santa Ana conditions, a fire started in FOOTHILL COMMUNITY BUILDERS' project area will have an easy path to Red Hill Ridge. More fire resistent trees would only lessen the risk somewhat, however. 3. It now appears that the FOOTHILL COMMUNITY BUILDERS reforestation plan may be placed on indefinite hold, or even abandoned all together eventually, because of the discovery of a threatened and possibly endangered species, the COASTAL CACTUS WREN, on the site. (See attached news story.) 4. GLENCREST'S proximity to the wren habitat should require a supplemental environmental impact report with respect to its project, as is now being considered for the FOOTHILL COMMUNITY BUILDERS site. 5. The City of Tustin will face crushing litigation costs and potential liability exposure in the hundreds of millions of dollars or more if it permits the GLENCREST project to go forward and the trees and homes placed there become the means of spreading a major fire from the dead Eucalyptus forest to Red Hill Ridge. We are the potential plaintiffs in such suits if irresponsible action by the City of Tustin endangers our family and drives us from our homes. IT WOULD BE GROSSLY IRRESPONSIBLE TO GRANT UNCONDITIONAL APPROVAL TO THE GLENCREST PROJECT UNTIL SUCH TIME AS THE FIRE DANGER IS ABATED AT THE FOOTHILL COMMUNITY BUILDERS SITE. Name -� Address r. /] 1 S � `T 5. r 7D U s 7 7. �= 2� -� S` 8 G .j q2% .5 12. s �- L13 14. ` � 3 15. 15. 17. 18. 19. 20. 1 JANUARY 61 1992 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT i a VESTING TENTATIVE TRACT MAP 14371 RECOMMENDATION CONSENT CALENDAR NO. 13 1-6-92 It is recommended that the City Council take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 92-05; and 2. Approve Vesting Tentative Tract Map 14371 by adopting Resolution No. 92-061 subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 2982, attached hereto and incorporated herein by reference. BACKGROUND At their regular meeting on November 25, 1991, the Planning Commission adopted Resolution No. 2982, recommending to the City Council approval of Vesting Tentative Tract Map 14371, and Resolution No. 2981, approving Design Review 91-11. The proposal is to subdivide a 14 -acre site into 55 numbered lots and 3 lettered lots for the purpose of developing 55 single-family detached dwelling units. The site is bordered by Lot 24 of Tentative Tract 13627 to the north, Township Drive to the east, Tract 14188 consisting of low- density, single-family dwellings to the south and single-family dwellings in the unincorporated area to the west. PROJECT DESCRIPTIONISITE PLAN The East Tustin Specific Plan (ETSP) designates the project site as Low Density Residential. The maximum allowable density for this land use designation is five dwelling units per acre, the proposed density is 4 dwelling units per acre. The minimum required lot area is 5,000 -square feet per unit. The maximum allowed lot area to be covered by the footprint of the building is 50 percent. All lots meet these minimum requirements. The ETSP requires that a two -car garage be provided for each dwelling unit; the applicant proposes three -car garages for each Attachment B City Council Report Vesting Tentative Tract Map 14371 January 6, 1992 Page 2 unit. The ETSP also requires two guest parking spaces for each unit, 100 percent of which may be provided on -street. Seventy-six spaces are available on the street and 34 spaces are provided in front of the third car garage, which have a driveway of at least 20 feet. Only minor grading is proposed to create building pads and roadbeds. Grade differences will require construction of sloped areas (maximum 2:1 ratio). Retaining walls varying from two to five feet in height will be used between houses where the slope is more than a 2:1 ratio. Uphill slopes are typically within the house lot boundary and are the responsibility of the individual homeowner. The project site abuts existing single-family, dwelling -developed properties, and a racquet club -within the unincorporated county territory at the southwest and west side. Pad elevations for the existing residences in the unincorporated county territory that are adjacent to the project will be higher than the proposed pad elevations by four to 19 feet. Pad elevations for the tennis courts will be from .02 to 21 feet •higher than proposed pad elevations. The project features single -story homes along the entire southwest and west boundaries in order to create a buffer between the proposed two-story structures and the existing residences in the unincorporated area. Existing homes will be further buffered from the proposed 'project by a screen wall. Landscaping will also buffer the project from the adjacent tennis courts. One issue of concern regarding the site plan for - the proposed project is the location of storm drain easements to be incorporated into the design of Lots 14 and 25. Drainage through these storm drains is off-site water. In both instances, the residences' driveway will be constructed over the storm drain easement. Should the storm drain require maintenance where the facilities would need to be reconstructed or physically repaired, residents could be inconvenienced by not being able to enter their garages. In order to minimize inconvenience to the future property owners of Lots 14 and 25, the Planning Commission included conditions of approval to ensure that notification of the storm drain easement be provided by a separate document in addition to the CC&R' s and deed, and to make a provision in the CC&R that access be restored to the garages on these lots by the use of steel plates to cover the trenches during non -work hours. City Council Report Vesting Tentative Tract Map 14371 January 6, 1992 Page 3 ARCHITECTUREILANDSCAPEJHARDSCAPE The architectural design of the proposed dwellings is a contemporary interpretation of the Spanish Colonial and Monterey styles. All units will have concrete tile roofs and stucco walls. The maximum height of the proposed structures is 28 feet, which is within the allowable height of 35 feet. Three unit -types are two- story and two are one story, with the building mass broken up with multiple -level hip and gable roofs, projecting gables and balconies. The conceptual landscape plan, which generally meets requirements of the ETSP, utilizes a variety of trees, shrubs, vines and ground covers. Project entries are highlighted by Magnolia and Cajeput trees. However, the plan is illustrative; actual quantities, species and locations of plant materials will be determined during the building permit plan check. All perimeter walls are in accordance with standard details approved under the sector -level tract. ENVIRONMENTAL ANALYSIS Based upon review of Vesting Tentative Tract Map 14371., as well as Environmental Impact Report 85-2 (as supplemented), it has been determined that environmental issues relating to this project have previously been addressed. Also, appropriate mitigating measures identified in EIR 85-2 are included as conditions of approval for the project. With this information in mind, it is recommended that the Council make the finding that requirements of the California Environmental Quality Act have been met and that no further environmental review is required. CONCLUSION Given the analysis conducted by the Community Development Department and in consideration of comments from other agencies and the public, it is concluded that the proposed project meets the requirements of the East Tustin Specific Plan, the Subdivision Map Act, as adopted, and the California Environmental Quality Act. City Council Report Vesting Tentative Tract Map 14371 January 6, 1992 Page 4 With the inclusion of conditions Commission Resolution No. 2982, Council approve Vesting Tentative Becky Stone Assistant Planner CAS:PR:rm/vtm14371 of approval listed in Planning it is recommended that the City Tract Map 14371. Christine A. 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LMaim K AM IWA q6A & 91, �' a c`a O 1/�Y1 H � .•r ' • • 1�1 f�i Hl fh � I _t . j I w Il I Ica Immi; Ow I I cd z 0 I z EW z P 7. 77 ILL O Zv cn CA L4 z WMI C-1 XO T7._ F -A El ro LL. OZ i�� _g A.Z I ii i�� _g A.Z I I - loll'= VIM= Fogg f sttl-,, L Ll I - loll'= Fogg f sttl-,, L Ll LL) 6-t I - loll'= I 0 ac sttl-,, L Ll r4 LU S2 I 0 ac '1, - ii _._ f i m 26 oil ISI LL -Tt r C`•µ.tt FFF FFFF I FI _ i, 1 �.�_ ,� DRi• z o_ J rj �— z RT � O W-1 Z 6 0 2 ►LE L--1 .eh i LU =a Z 6 0 2 A - F ArL-__-- z . .0 S2 ----------- YN ME CAI ffff + co ----------- YN ME CAI ffff W F O C4 W4 H Z ON f trI -1 is gm{1-7c AOL I o � r — ami, r- �' x r _ Cv U •m w y � �h £ PI I. i� ELL— T z 0 W w F z LL. s r LL 1 PI I. T z 0 W w F z LL. s r LL 1 a z 0 w w i -L-A- Ll.! _L. LI LL_ _LLLL_ LLL C4 d l• I now c�n ..;tea...'. �r SS t. Mile F v C4 jT can: •�Tjy�j,�.; I��1 Low Flow" 1 1 I I"OR i t r r I a '+l .. I�;• -i umma L ` f �* OW 1 L W > ';o�_1 1y� G Lilk . -- F v C4 En jT I+i+ 1 _.l •. :may--.. I a '+l L ` f �* OW 1 ';o�_1 Lilk . -- En I cr z w L L L I L m W1 0 W LLLL L L I ---L- LLLL LL L L LLLL:ol.! Rp-: li<:Z -,=- L L L LFw- L L. L L LLLL zz 2 � mm MM m W1 0 W O sj r -I Cf) 1 LLL LE UFLLL "LLLL LL L 0 I "So Fr It xsi Ul r -I Cf) I 4i ICA jam' w R grams^ Jim ARM LL. LLI LL. Q Q O C4 ELI Q a w i U. cn z 0 J LLQ a Q m a H LU 0 O 1 Ln 'moi" lipoiir� A40F NMI I 1 2 3 4 5 6 7 8. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2982 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 14371 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. 14371 was submitted to the Planning Commission by Glencrest for consideration. B. That a public hearing was duly called, noticed and held for said map.on November 25, 1991. C. That an Environmental Impact Report (EIR 85-2 for the East Tustin - Specific Plan) has been certified in conformance with the requirements of- the California Environmental Quality Act for the subject project area. D. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single family detached dwellings. E. The .6930 acres of parkland required for this development was previously dedicated with recordation of Tract 13627. F. That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impacts of Vesting Tentative Tract 14371 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed. G. That the site is physically suitable for the type of development proposed. H. That the site is physically suitable for the proposed density of development. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19� 20 21 22 23 24 25 26 27 28 Resolution No. 2982 Page 2 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. J. That the design of the subdivision or the type will not conflict of improvements proposed with easements acquired by the public -at - large, for access through or use of the property within the proposed subdiNi.sion. K. or the That the design of the subdiarein�t types of improvements proposed likely to cause serious public health problems. . II. The Planning Commission hereby recommends to he Vesting Tentative Tract City Map Council approval of No. 14371 subject to the conditions attached hereto as Exhibit'A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 25th day of November, 1991. if THLEEN CLANCY, Secretary r XLDEN B Chairman 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2982 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Cor�tmission of the City of Tustin, California; that Resolution No. 2982 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of November, 1991. 2f zi KATHLEEN CLANCY Recording Secretary