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
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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.
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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
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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.
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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.
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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
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14.
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16.
17. Z Zl L
19.
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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.
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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. Sh,voleton
Assistant City Manager
Community Development Department
Attachments: Site Plan
Elevations
Planning Commission Resolution No. 2982
Resolution Nos. 92-05 & 92-06
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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.
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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
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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