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HomeMy WebLinkAbout01 TTM 15055 05-06-96., ,. · NO. 1 -5-6-96 DATE' MAY 6, 1996 Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM' COMMUNITY DEVELOPMENT DEPARTMENT SUBJEC~ TENTATIVE TRACT MAP 15055 SOUTHEAST CORNER OF IRVINE BOULEVARD AND TUSTIN RANCH ROAD (IRVINE COMPANY) SUMMARY: Tentative Tract Map 15055 is:a request to sUbdi~idea 40 acre s~te located. at the ..soUth:east 'corner of. lrvine Boule'vard ."-ahd : Tustin ; :: Ranch : ROad :::into five: :(51 numbered and nine (9) lettered lots to accommodate' a.maximum future-::development.of 350 apartment units, 94condominium units, 89single,family detached:unitsi:and:a:::5 acre neighborhood Park:.. This prOjeCt a a SectOr leVel :SUbdivisi°n i °f pr°perty l to .create .fUture building sites; therefOre, no..'site specific :.development Plans Or re~id~hti~l ~nits are being proposed With. this Tehtative Tract MaP, The~P~°P°S~ ::i°t co~gu~adons}..den~ides and .maximum number of dWelling units are consi~tent With ~ne Cha~ ~0~ ~:d the:: · secOndAmendment to:.th'e:'East Tustin:'DeveloPment:Agreement.::;: the Planning C°mmissi°n: reCommended :.that ~the City, council: approve Tenr~iO~ ~a~ Map 15055 :and:,:approV e .the LandsCaPe : COncept :Plan for th'e Proj'~ti RECOMI~ENDATION That the City Council: o Approve the environmental determination for the project by adopting Resolution No. 96-50; and ° Approve Tentative Tract Map 15055 by adopting Resolution No. 96-51, as submitted or revised. FISCAL IMPACT Lots 3 and 4 are identified for the development of a 5.0 acre neighborhood park. As per the East Tustin Development Agreement, Lot 3 (3.6 'acres) is required to be dedicated to the City for park purposes; and Lot 4 (1.4 acres) Was required to be reserved for City acquisition ~or park purposes. The acquisition of Lot 4 and the design and construction of the neighborhood park will be the City's responsibility. The developer will be contributing $200,000 to the City to be used for the development of the park site. City Council Report GPA 96-002 & Amend TT 14022 May 6, 1996 Page 2 BACKGROUND AND DISCUSSION In November of 1995, the City Council approved Zone Change 94-004 (Attachment A) and the Second Amendment to the East Tustin Agreement (Attachment B). These approvals changed the zoning on the property from Planned Community - Community Facility (former high school .site) to Planned Community - Residential. The East Tustin Specific Plan (ETSP) Land Use Plan was also amended to redesignate approximately 14 acres along Heritage Way to Medium-Low Density Residential (10 dwelling units per acre) with a 5 acre neighborhood park located at the northeast corner of Tustin Ranch Road and Heritage Way. Approximately 26 acres along Irvine Boulevard were designated Medium Density Residential (16 and 18 dwelling units per acre). A maximum of 533 dwelling units were authorized on the entire 40 acre site. Project Description and Site Plan A total of five (5) numbered lots are proposed for the 40 acre site. The following identifies the proposed size and use of the lots; access, traffic and circulation; and, the neighborhood park site. Lot 1 is proposed to be 19.45 gross acres in size (Lots 1, A & G) and located on the northeast portion of the site. Lot 1 is intended to accommodate a maximum of 350 apartment units at a maximum density of 18 dwelling units per acre. Lot 2 is proposed to be 5.89 gross acres in size (Lots 2, B, C and I) and located at the southeast corner of Tustin Ranch Road and Irvine Boulevard. Lot 2' is intended to accommodate up to 94 condominiums at'a maximum density of 16 dwelling units per acre. Lot 3 is proposed to be 3.4 gross acres in size and located at the northeast corner of Tustin Ranch Road and Heritage Way. Lot 3 is intended to be dedicated to the City and developed as a neighborhood park. Lot 4 is proposed to be a 1.4 gross acre site (Lots 4, F and H) and is located east of Lot 3 on Heritage Way. Lot 4 is designated as "Reserved for Park Purposes". The Second Amendment to the East Tustin Development Agreement required the developer to dedicate 3.6 acres to the City (Lot 3) and reserve 1.4 acres (Lots 4, F and H). for City acquisition for a total 5 acre neighborhood park. If Lot 4 is not acquired by the City for park purposes, the site is designated Medium-Low Density Residential and. would accommodate up to 14 single-family detached units at a maximum density of 10 dwelling units per acre. City Council Report GPA 96-002 & Amend TT 14022 May 6, 1996 Page 3 Lot 5 is proposed to be 9.07 gross acres in size (Lots 5 and D) and is located in the southeast portion of the site adjacent to .Heritage Way. Lot 5 is intended to accommodate up to 75 single- family detached units at a maximum density of 10 dwelling units per acre. Access, Traffic and Circulation A new public street ("A" Street) is proposed along Tustin Ranch Road between Irvine Boulevard and Heritage Way to provide access to Lots 1, 2 and 3. "A" Street is proposed to consist of a 60 foot wide right-of-way with a 40 foot wide curb-to-curb pavement section, a 6 foot wide sidewalk, and a 4 foot wide landscape· parkway on each side. Access to Lots 4 and 5 is proposed from Heritage Way with'emergency and pedestrian access provided from "A" Street. A detailed Level One traffic study was prepared for the Subject site as part of Zone Change 94-004 and included as Addendum No.5 to EIR 85-2. The study indicated that the change from a high school site to residential use substantially reduces daily traffic which was anticipated by the ETSP. The number of trips generated by the four affected traffic zones analyzed by Zone Change 94-004, including the subject site, was reduced by 19,880 Average Daily Trips. Traffic Zone 40, which includes the subject site, would be reduced from the anticipated 10,432 vehicle per day to 9,275 vehicles per day. These reductions would result in improved traffic flow on affected Tustin Roadways and would not adversely impact the City's planned circulation system. The proposed tentative tract map identifies a 10 foot wide Irrevocable Offer of Dedication to the City for additional right- of-way along Tustin Ranch Road between Irvine Boulevard and "A" Street. The additional right-of-way would accommodate physical modifications to northbound Tustin Ranch Road to accommodate a second left turn lane. Despite conQerns expressed by the City of Tustin, the County Board of Supervisors deleted La Colina Drive from the Master Plan of Arterial Highways in April of ~1993. In conjunction with this action, traffic which was planned to utilize La Colina Drive was' reassigned to Irvine Boulevard in the City. The County's traffic study also indicated a need to add a second northbound left-turn lane on Tustin Ranch Road at Irvine Boulevard to accommodate the traffic that would be prevented from making left turns northbound on Tustin Ranch Road at La Colina Drive. City Council Report GPA 96-002 & Amend TT 14022 May 6, 1996 Page 4 The County proposed that the additional left-turn lane at Tustin Ranch Road/Irvine Boulevard could be accomplished by restriping which represents a significant departure from the City's major arterial street design standard. Since Tustin Ranch Road was constructed with Assessment District funds, to vary from applicable design standards could preclude the ability of the street to function as a .major arterial and could place the City in noncompliance with the Master Plan of Arterial Highways. Therefore, the Irrevocable Offer of Dedication for an additional 10 feet along Tustin Ranch Road would allow the City to maintain a major arterial status and accommodate a second left-turn lane when the corresponding traffic demand occurs. Neiqhborhood Park Site The Second Amendment to the East Tustin Development Agreement included provisions for a neighborhood park within this project. Lot 3 is a 3.6 acre site and is to be dedicated to the City. In addition, the developer is to contribute $200,000 to the City toward the improvement of the park. Conditions of Approval have been included in Resolution No. 96-51 to require the developer to dedicate Lot 3 with the recording of a final map. The $200,000 contribution would be provided prior to recording of any builder level subdivision map or issuance of the first residential building permit, but in no event later than September 30, 1996. These conditions would ensure implementation of the Development Agreement Amendments related to the neighborhood park. The Development Agreement Amendment also includes provisions for the developer to sell to the City an additional 1.4 acres (Lot 4) to create a total 5 net acre neighborhood park. A Purchase Agreement is currently being drafted for the acquisition of Lots 4, F and H. ENVIRONMENTAL ANALYSIS An Initial Study has been prepared for the project and is attached to this report. Based upon review of proposed project and Environmental Impact 'Report 85-2, as amended, it has been determined that environmental issues relating to this project have City Council Report GPA 96-002 & Amend TT 14022 May 6, 1996 Page 5 been addressed. Mitigation-measures identified in EIR 85-2, as amended, are included as Conditions of Approval; therefore, staff re'commends that the Council find that requirements of the California Environmental Quality Act have been met and no further environmental review is required. Daniel Fox, AICP Senior Planner Elizabeth A. ~insack Community Development Director Attachments: Location Map Tentative Tract Map 15055/Landscape Concept Plan Initial Study Attachment A - East Tustin Land Use Plan (Zone Change 94-004) Attachment B - Second Amendment to the East Tustin Development Agreement Resolution Nos. 96-50 and 96-51 EAB: DF: br: kbm\TT15 0 5 5. DF LOCATION MAP~-~' NO SCALE f-ST&NOA WAy ~ 0 ! . , m lllllllllllll 0 I TUSTIN RANCH TENT. TRACT 15055 . Prepar~ for:Im'ine Community Build~ 550 New~ Cenler D~ve Ne~'~ Beach, CA 92~ J ! 0 0 m o C~ Na: :.U~. ,, aONII~~NAN...~ TUSTIN RANCH TENT. TRACT 15055 Irvine Community Buiides~ 550 Newpor~ Center Drive Newport Beach, CA 92660 Prepared for: TUSTIN RANCH TENT. TRACT 15055 lrvin~ Community Builders 5.c4) Newport Center Drive Newport Beach, CA 92660 COMMUNITY DEVELOPMENT DEPARTMENT 300' Cenle/mial Way, Tustin, CA 92680 (714) 573-3105 · iNITIAL STUDY A® BACKGROUND Project Title: TENTATIVE TRACT 15055 & DESIGN REVIEW 94-032 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92680 Lead Agency Contact Person: DAN I EL FOX phOne: (714) 573-3115 Project Location: S.E. CORNER TUSTIN RANCH ROAD/IRVINE BLVD. Project Sponsor's Name and Address: THE IRVINE COMPANY P.O. BOX I NEWPORT BEACH, CA 92658-8904 General Plan Designation:__ Zoning Desil~nation: ATT: DAVE CONLEY PLANNED COMMUNITY RESIDENTIAL PLANNED COMMUNITY RESIDENTIAL Project Description: SUBDIVISION OF A 40 ACRE SITE TO CREATE 5 NUMBERED LOTS AND 9~LETTERED LOTS TO ACCOMMODATE A FU'i'URE MAXTM[IM DFVF/0PMFNT OF 350 APARTMENT UNITS, 94 CONDOMINIUMS, 89 SINGLE FAMILY DETACHED UNITS .AND A 5 ACRE NEL6MBORMOOD PARK Surrounding Uses: North GOLF COURSE East APARTMENTS SoUth MULTIPLE FAMILY RESIDENTIAL West SINGLE FAMILY DETACHED DWELLINGS Other public agencies whose approval is required: [] Orange County Fire Authority 12 Orange County Health Care Agency 12 South Coast Air Quality Management District [] Other ~ City of Irvine [] City of Santa Ana . [] Orange CoUnty EMA B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. Land Use and Planning :. 12 Population and Housing :~] Geological Problems X[~] Water ~ Air Quality ~ Transportation & Circulation · 12 Biological Resources [2] Energy and Mineral Resources 12 Hazards Noise Public Services and Service Systems Utilities Aesthetics Cultural Resources Recreation Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a sign/ftcant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheets have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed p~~.)~ Signature(~ ~ '"'/ . DANIEL FOX Printed Name Date Title MARCH 15, 1996 SENIOR PLANNER D. ENVIRONMENTAL IMPACTS- Earlier analyses used: EIR 85-2 ADDENDUM #5 to EIR 85-2 A'vailable for review at: City of Tustin Communitif Development Department : 1. LAND USE & PLANNING - Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land uses in the vicinity? d) Affect.agricultural resources or operations? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? 2. POPULATION & HOUSING - Would the proposal: . a) cumulatively exceed official regional or local population projections? b) Induce substantial growth in.an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? GEOLOGIC PROBLEMS - Would the prdposal result in or- expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, 'tsunami, or volcanic hazard? e) Landslides or mudflOws?, f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? g) Subsidence of land? h) Expansive soils? i) Unique geologic or physical features? 4. WATER - Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?. b) 'Exposure of people or property to water related hazards such as flooding? c) Discharge into surfac~ waters or other alteration Of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents,, or the course or direction of water movements? Potentially Significant Impact Pot. entially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact [3 0 [3 0 0 .0 0 0 0 [3 0 [3 0 0 [3 0 0 0 0 0 0 0 0 E] 0 0 [3 0 0 0 0 0 Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundWater otherwise available for public water supplies? 8~ 5. AIR QUALITY - Would the proposal: . a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? TRANSPORTATION & CIRCULATION - Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity onsite or offsite? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES - lCould the proposal result in itnpacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? e) Wildlife dispersal or migration corridors? ENERGY & MINERAL RESOURCES - WouM the proposal: a) Conflict.with adopted energy conservation plans? b) Use nonrenewable resources in a wasteful and inefficient manner? c) Result in the loss of availability of a known mineral resource that would be of future value to the region? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Sig. ifica,,t Impact No Impact 0 0 0 0 0 0 0 [3 0 0 0 0 0 [3 0 [3 0 [3 [3 0 [3 0 -0 0 0 0 0 0 0 0 0 [3 [3 9. ItAZARDS - Would the proposal involve: ..~::. a) A risk of accidental explosion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire haT~_ rd in areas with flammable brush, grass, or trees? 10. NOISE - Would the proposal result in: 11. 12. a) Increases in existing noise levels? b) Exposure of people to severe noise'levels? PUBLIC SERVICES - Would the proposal have an effect upon, or result in a need for new or altered government sen,ices in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, includi.ng roads? e) Other government services? UTILITIES & SERVICE SYSTEMS - WouM the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? 13. AESTHETICS - Would the proposal: . a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? .Potentially Significant Impact ~,ntially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact 0 0 0 0 0 E3 0 E] x~] 0 E] E] 0 0 0 0 0 0 0 0 E3 0 0 0 E] 0 0 0 0 0 0 .0 0 0 0 0 0 0 0 0 0 0 0 0 14. CULTURAL RES O URCES - Would the propos, ah. . a) Disturb paleontological resources? b) Disturb archaeological resources? c) Have the potential to cause a physical change which would affect unique ethnic cul~tural values? d)- Restrict existing religious or sacred uses within the poten, tial impact area? 15. RECREATION - Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? 16. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife poPulation to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or p.rehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? ' c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connectiOn with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?. Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact me EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. INITSTUD. PM5 3702A ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS TENTATIVE TRACT 15055 AND DESIGN REVIEW 94-032 BACKGROUND The proposed project is an application by The Irvine Company requesting authorization to subdividea 40 acre site to create five (5) numbered lots and nine (9) lettered lots to accommodate, a maximum future development of 350 apartment units, 94 condominiums, 89 single-family detached units and a 5 acre neighborhood'park. The proposed project is a subdivision of land; therefore, no actual residential units are proposed. Site specific development plans will be considered when applications are submitted and will be subject to separate environmental review. The subject property is located .at the southeast cOrner of Irvine Boulevard and Tustin Ranch Road. The subdivision of this property is governed by the regulations included in the East Tustin Specific Plan (ETSP), as amended, and the Second Amendment to the East Tustin Development Agreement approved by the City Council in November of 1995. The East Tustin Land Use Plan designates the project site with a variety of land use designations, including Medium-Low Density Residential, Medium Density Residential and Neighborhood Park. The prop6sed subdivision is consistent with the' recent amendments to the ETSP (Zone Change 94-004) and Second Amendment to the East Tustin Development Agreement, including a maximum number of 533 potential units and provisions 'for a 5 acre neighborhood park. This is a tiered initial study that is based on and incorporates by reference, the. environmental analysis included in EIR 85-2 for the ETSP (certified March 17, 1986) and subsequently amended with supplements and addenda, specifically including Addendum #5 for GPA 94-001, ZC 94-004 and Second Amendment to the East Tustin Specific Plan as it related to the subject property. In conformance with the California Environmental Quality Act, the purpose of this tiered initial study is to identify and focus the environmental analysis for the project on significant new environmental impacts that were not previously considered in the Program EIR, as amended. EIR 85-2, as amended, identified several impact categories where a Statement of Overriding Consideration was adopted by the City for the'entire ETSP area. For the purposes of this initial study check list, these items have been checked "Potential Significant Impact" and an evaluation has been made to ensure that impacts previously identified have not been intensified.' Mitigation measures identified in the Program EIR, as amended, to minimize the impacts that would be applicable to this project have been identified. - Attachment A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 2 EIR 85-2, as amended, also identified several impact categories where impacts could be lessened to a level of insignificance with the imposition of mitigation measures. Staff has reviewed each of these impact categories to ensure that no new project impacts associated With the project would occur that were not identified in the Program EIR, as amended. For the purposes of this initial study check list, these items have been checked "Potentially Significant Unless Mitigation Incorporated" and the mitiqation measures identified in the Program EIR that would be applicable to this project that are included as part of the project have been identified. Impact categories not identified to have a potential impact in EIR 85-2, as subsequently amended with supplements and addenda, have been reviewed and identified in the initial study check list accordingly to ensure that the project would not create any additional significant impacts which were not considered by the Program EIR, as amended, and cannot be mitigated to a level of insignificance. 1o LAND USE & PLANNING Items a, b and e - "No Impact"- The subject property is' . designated by the General Plan Land Use Map as Planned Community - Residential. The subject property is zoned Planned Community - Residential. The East Tustin Land Use Plan identifies a variety of land use designations on the site including Medium Density Residential on the northern portion of the site, Medium-Low Density residential on the southern portion of the site with a Neighborhood Park located at the. northeast corner of Tustin Ranch Road and Heritage Way. The proposed project is consistent with the General Plan, Zoning and ETSP designations. Item c - "Potentially Siqnificant Unless Mitiqation Incorporated": EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects of residential and commercial land uses. Mitigation measures identified in EIR 85-2, as amended, have been incorporated into the project or would be required as conditions of approval which avoid or substantially lessen the significant environmental effect as identified in the Program EIR, as amended. The project will not create additional impacts than those previously identified in the Program EIR, as amended. Attachment 'A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company[ Page 3 Item d - "Potentially Significant Impact": EIR 85-2, as amended, identified that the development of the project site would result in the gradual conversion of ekisting open space and agricultural uses into urban use. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted' for the Specific Plan. Since the subject property has been identified for residential development, the project will not create additional impacts other than those previously identified in the Program EIR, as amended. Sources: Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan East Tustin Development Agreement, Second Amendment Mitiqation/Monitorinq Required: Adherence to and compliance with the guidelines and provisions of the ETSP and the Second Amendment to the East Tustin Development' Agreement, which addresses building height, building setbacks, parking requirements, and other site development standards and would ensure that the development of the future residential development complies with mitigation measures specified in the EIR 85-2~ as amended. o POPULATION & HOUSING Items a and c -"No Impact": No actual ~esidential un£ts are being considered with this project. However, the subdivision would create lots for future residential development. The project would authorize a maximum of 350 apartment units, 94 condominium units, 89 single-family detached units and a 5 acre neighborhood park. A maximum of 533 dwelling units would be authorized on the entire 40 acre site consistent with the recent amendments to the ETSP (ZC 94-004) and the Second Amendment to the- East Tustin Development Agreement. The project will not create additional impacts other than those previously identified in the Program EIR, as amended. Attachment A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 4 Item b - "Potentially Significant Impact": EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to population. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A~ Statement of Overriding Considerations was adopted for the Specific Plan. Since the subject property has been identified for residential development, the project will not create additional impact other than those previously identified in the Program EIR, as amended. Sources: Submitted Plans Certified EIR 85-2, as.amended East Tustin Specific Plan East Tustin Development Agreement, Second Amendment Mitigation/Monitoring Required: None Required. . GEOLOGICAL PROBLEMS Items a, c-e, g and i - "No Impact". The project site has been previously rough graded as part of the Sector 11 improvements. The perimeter streets and sidewalks on Irvine Boulevard, Tustin Ranch Road and Heritage Way are existing. Minor grading and improvements would be required to create t'he individual lots, the proposed "A" Street'and interim drainage. Items b and h - "Potentially Significant Unless Mitigation Incorporated": EIR 85-2, as amended, identified impacts to the project site related to the necessary grading activity that would occur to accommodate the various types of development and the resultant change to existing landform and topography of the area. Minor grading and improvements would be'required to create the individual lots, .the proposed "A" Street and interim drainage. Conditions of appr6val will be required to ensure that all grading activities incorporate mitigation measures identified in EIR 85-2, as amended. Item f - "Potentially Significant Impact": EIR 85-2, a~ amended, identified impacts to the project site related to the necessary grading activity that would occur to accommodate the various types of development and the resultant change to existing landform and topography of the area. The City Council considered the benefits of the Specific~ Plan and Attachment A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 5 balanced those benefits against the project's unavoidable effect. A Statement of Overriding Consideration was prepared to address necessary compromises for the overall benefit of the Specific Plan area and region. The project has been reviewed and will not worsen previously identified impacts on site and topography in the Program EIR, as amended. Sources: Field Verification Submitted Plans Tustin City Code EIR 85-2, as amended' East Tustin Specific Plan Mitigation/Monitoring Required: A detailed soils engineering report and grading plans for the site are' required as a condition of approval to ensure 'that all grading activities on the site minimize the grading impacts. WATER Items b-f, h ahd i - "No Impact"- The site has been previously rough graded and is not located near any bodies of .water. Items a and g - "Potentially Significant Impact"': EIR 85-2, as amended, identified impacts to surface runoff, drainage flows, water quality and water percolation. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unav6idable effects. A Statement of Overriding Considerations was adopted for the Specific Plan. The project has been reviewed and will not worsen previously identified impacts on water quality in the Program EIR, as amended. Applicable mitigation measures were identified in EIR 85-2, as amended, and recommended for implementation. This proposal has incorporated those measures related to surface runoff, drainage flows, water quality and water percol, ation into either the submitted plans or will be included in the conditions of approval, where applicable. Sources: Field Verification Submitted Plans Certified EIR 85-2, as amended East Tustin Specific plan Attachment A Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 6 . Mitigation/Monitorinq Required: Mitigation measures including plans to accommodate increased runoff flows associated with the proposed development b~ incorporating on-site and off-site drainage improvements, providing erosion control measures .and developing appropriate· pollution control plans, have been incorporated into the project as submitted or will be incorporated as conditions of approval. Erosion control measures will be developed and incorporated into final grading plans for the project to minimize potential increases in erosion and sediment transport during the short-term construction phases. o AIR QUALITY Items b, c and d - "No Impacts"- The proposed project is a subdivision of property. The project will not alter air movement, moisture, temperature or cause any changes, in' climate, or create objectional odors. Item a - "Potentially Significant Impact": EIR 85-2, as amended, identified impacts that will result in an incremental degradation of air quality in conjunction with other past, present and reasonably foreseeable future projects. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was prepared to address necessary compromises for the overall benefit' of the Specific Plan area and region. The project has been reviewed and will not worsen previously identified impacts on Air Quality in the Program EIR, as amended. Conditions of approval will be required for the project to meet applicable mitigation measures, as required by EIR 85-2, as amended, such as minimizing construction activity dust generated as part of this project. Sources: Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan Attachment A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 7 Mitigation/Monitorinq Required: Construction activity dust generation shall be reduced through regular watering as required by the SCAQMD Rule 403. These measures identified in certified EIR 85-2, as amended, as applicable, have been incorporated into the project as submitted or will be incorporated as conditions· of approval. . TRANSPORTATION & CIRCULATION Items b-q - "No Impact": EIR 85-2, as amended, identified impacts related to the proposed development and the resultant negative effects to the effects on traffic safety, emergency access, demand for new parking pedestrian circulation, and alternative mod~s of transportation. The proposed project is a subdivision of property to accommodate future residential development. The maximum number of residential units is consistent with previous approvals which authorized a maximum of 533 dwelling units on the subject site. Based on review of project and Program EIR,. including Addendum #5, the project will not worsen previously identified, impacts on the transportation and circulation in the Program EIR, as amended. The existing, improvements on the property have previously incorporated applicable measures related to transportation and circulation into the development. Item a -' "Potentially Siqnificant Impact": EIR 85-2, ~as amended, identified impacts related to increased traffic in the Vicinity. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was prepared to address necessary compromises for the overall benefit of the Specific Plan area and region. Applicable mitigation measures were incorporated into the ETSP, including a circulation plan intended to provide an adequate circulation system for specific plan traffic, and mitigate impacts on the existing circulation system. Based on review of project and Program EIR, as amended, the project will not create additional impacts other than those previously identified on transportation and circulation in the Program EIR, as amended. Attachment A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 8 Sources: Field Verification Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan Zone Change 94-004 Mitiqati°n/Monitorinq Required: None required. . BIOLOGICAL RESOURCES Items a-e - "Potentially Siqnificant Unless Mitiqated": EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to biological resources. Applicable mitigation measures were identified in EIR 85-2, as amended, and recommended for implementation. The proposed project is a subdivision of property to accommodate future residential development. The project will not create additional impacts other than those previously identified on biological resources in the Program EIR, as amended. Conditions of approval will be required for the project to meet applicable mitigation measures, as required, by EIR 85-2, as amended, such as providing landscaping in accordance with City guidelines. Sources: Field Verification Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan Mitigation/Monitorinq Required: MitigatiOn measures require re-vegetation and landscaping in areas where structures or improvements are not constructed, with consideration given to the use of drought-tolerant plant materials, such as a variety, of eucalyptus trees, Canary Island pine, Mexican Fan Palm trees, Hawthorne and Bougainvillea. These mitigation measures have been incorporated into the project as submitted, or will be incorporated as.conditions of approval~ Attachment A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 9 . ENERGY & MINERAL RESOURCES Items a and c - "No Impact":. The' proposed project is a subdivision of property to accommodate future residential development. The project will not worsen .previously identified impacts on energy conservation or mineral resources. Item b - "Potentially Siqnificant Unless Mitiqation Incorporated": EIR 85-2, as amended, identified impacts to the ETSP related to the proposed development and the resultant negative effects to. non-renewable resources. Applicable mitigatio~ measures were identified in EIR 85-2, as amended, and recommended for implementation. This proposal has incorporated those measures related to non-renewable resources into either the 'submitted plans or would be included in the conditions of approval, where applicable. NO additional impacts' would occur beyond'those identified in the Program EIR, as amended. Sources: Field Verification Submitted plans Certified EIR 85-2,.as amended East Tustin Specific Plan Mitigation/Monitoring Required: Mitigation measures identified by the program EIR include measures to provide open areas in the site plan where feasible and to provide vegetation that includes drought tolerant materials. . HAZARDS Items a, b,d and e - "No Impact": EIR 85-2, as amended, identified no impacts to the project site related to the proposed'development and the resultant negative effects from hazards. No residential units are proposed as with this project. Item c - "Potentially Significant Unless Mitiqated": EIR 85- 2, as amended, identified impacts to the project site'related to the proposed development and the resultant negative effects to human health. Consequently, mitigation measures were identified in EIR 85-2, as amended, and recommended for imPlementation. This proposal has incorporated those measures related to human health into either the submitted plans or Attachment A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 10 will be included in the conditions of approval, where applicable. No additional impacts would occur beyond those identified in the Program EIR, as amended. Sources: Submitted plans 'Uniform Building and Fire Codes Certified EIR 85-2, as amended East'Tustin Specific Plan East Tustin Development Agreement, Second Amendment Mitiqation/Monitoring Required: Mitigation measures for the future residential development related to human health such as; adherence to and compliance .with the guidelines and provisions of the ETSP and the Second Amendment ~o the East. Tustin Specific Plan, which address building height, building setbacks, parking requirements, and other site development standards; adherence to the Uniform Building Codes and Fire Codes and. all applicable city, state and federal codes as applicable; and compliance with the City of Tustin Noise Ordinance have been incorporated into the project as submitted or will be incorporated as conditions of approval. 10. NOISE Item b - "No Impact": The proposed project is a subdivision of property to accommodate future residential development and would not expose persons to severe noise levels. Item a - "Potentially SiGnificant Impacts"- Development of the site would result in short-term construction noise impacts, and a long-term increase in the ambient noise levels in and around the project site. These impacts were originally considered as part of certified EIR 85-2, as amended. The City Council considered the benefits of the ETSP original program'EIR and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the Specific Plan. The project has been reviewed and will not create additional impacts other than those previously identified in the Program EIR, as amended. Mitigation measures addressing the acoustic environment were identified in the program EIR, as amended, and are included in the submitted project, or would be conditions of approval. Attachment A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 11 Sources: Field verification Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Mitiqation/Monitorinq Required: Mitigation measures related to compliance with the City's Noise Ordinance have been incorporated into the project as submitted or would be incorporated as conditions of approval. 11. PUBLIC SERVICES Item c - "Potentially Siqnificant Unless Mitiqated": EIR 85 2, as amended, identified impacts related to the proposed development and the resultant negative effects to school facilities. Mitigation measures were identified in EIR 85-2, as amended, and recommended for implementation where applicable. No additional impacts would occur beyond those identified in the Program EIR, as amended. Items a, b, d, and e, - "Potentially Siqnificant Impact": Implementation of this project will result in an increase in the demand for and utilization of public services, such as · fire protection, police protection, infrastructure maintenance and other governmental services. However, impacts to public services were originally considered as part of EIR 85-2, as amended. The project will not worsen impacts previously identified in the Program EIR. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the Specific Plan. Additionally, mitigation measures were identified in EIR 85-2, as amended. This proposal has incorporated those measures related to public services into either the submitted plans or they will be included in the conditions of approval, where applicable, for the subject project. Sources: Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan East Tustin Development Agreement, Second Amendment Attachment A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 12 Mitiqation/Monitorinq Required: Mitigation measures such as: adherence to and-compliance with the guidelines and provisions of the ETSP and the Second Amendment to the East Tustin Specific P%an, which address building height, building setbacks, parking requirements,, and other site development standards; adherence to the Uniform Building and Fire Codes and all applicable city, state and federal codes as applicable; and compliance with the City of Tustin Noise Ordinance, have been incorporated into~the project as submitted or will be incorporated as conditions of approval. 12. , UTILITIES & SERVICE SYSTEMS Items a-q - "Potentially Siqnificant Impact"- The ETSP will increase the demand for utilities. However, the project will not worsen impacts previously identified in the-Program EIR. EIR 85-2, as amended, identified impacts to the project ~ite related to the proposed development and the resultant negative effe'cts to utilities. The City -Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects on the use of utilities. A Statement of Overriding Considerations was adopted for the Specific Plan. Mitigation measures were identified in EIR 85-2, as amended, and recommended for implementation where feasible This proposal has incorporated those measures related to utiiities into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. Sources: Field Verification Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan Mitiqation/Monitorinq Required: Mitigation measures require that future residential development include.water conservation methods as required by state law, energy conservation standards' and building construction techniques as set forth in Title 24 of the California Administrative Code to mitigate potential effects on utilities. These mitigation measures have been incorporated into the project as submitted or will be incorporated as conditions of approval. Attachment A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 13 13. AESTHETICS I~ems a and b "Potentially Significant Unless Mitiqated": The project is a subdivision of property. No residential dwelling units are proposed with this project. A perimeter landscape concept plan is included which establishes the landscape theme for the' perimeter'of the site. The concept landscape plan includes the use of Eucalyptus and Canary Island Pine trees; shrubs, ground cover and turf consistent with the existing streetscape in the vicinity. The project will not create additional impacts other than those previously identified impacts on aesthetics. The project is within the Specific Plan area and the certified EIR 85-2, as amended, identified impacts to the project site related t© the proposed development and the resultant negative effects to aesthetics. Consequently, mitigation measures were identified through design review in conjunction with EIR 85-2, as amended, and recommended for 'implementation. This proposal has incorporated'those measures related to aesthetics into either the submitted plans or will be included in the condition~ of approval, where applicable. No additional impacts would occur beyond those identified in the Program EIR, as amended. Item c - "Potentially Siqnificant Impact": The project is a subdivision of property to accommodate future residential development. The project site is within the Specific Plan area in which the program EIR addresses the impact 'of development and the resultant negative effects from light and glare. The City Council considered the benefits of the Specific Plan and balanced those benefits against the' project's unavoidable effects. A Statement of Overriding Considerations was adopted for the Specific Plan. Mitigation measures were identified in EIR 85-2, as amended, and recommended for implementation. This proposal has incorporated those measures related to light and glare into the submitted plans. Mitigation measures would also be inclmded in the conditions of approval for the project. The project has also been reviewed and will not create additional impacts other than those previously identified in the Program EIR, as amended.· Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Attachment A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 14 Mitiqation/Monitorinq Required: None Required. 14. CULTURAL RESOURCES Item a, c and d - "No Impact"- The proposed project is a subdivision of property to accommodate future residential development. EIR 85-2, as amended, identified impacts to cultural resources related to the proposed development and the resultant negative effects to cultural resources. The project has also been reviewed and will not create additional impacts other than those previously identified in the Program EIR as amended. ' Item b - "Potentially Significant Unless Mitiqated"- The proposed project is a subdivision of property to accommodate future residential development. EIR 85-2, as amended, identified impacts to archaeological resources related to the proposed development and the resultant negative effects to cultural resources. The project has also been reviewed'and will not worsen impacts previously identified in the Program EIR, as amended, as this project is ' not within an .area identified as an archaeological site. Sources: Field Verification Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan. Mitigation/Monitorinq Required: None Required. 15. RECREATION Items a and b - "Potentially Siqnificant Unless Mitiqated,,- EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to recreation. The Second Amendment to the East Tustin Development Agreement provides for the de~eloper to dedicate a 3.6 acre neighborhood park site to the City. In addition, a '1.4 acre site is to be reserved for park purposes' which the City my acquire resulting in a total 5 acre park site. The proposed project includes the dedication and reservation of the neighborhood park site at the northeast corner of Tustin Ranch Road and Heritage Way as required by the Second Amendment of the East Tustin Development Agreement. In addition, conditions of approval related to the timing and Attachment A - Evaluation of Environmental Impacts TT 15055 and DR 94-032 (The Irvine Company) Page 15 responsibility to construct the 5 acre park have been included consistent with the provisions of the Second Amendment to the East Tustin Development Agreement. Furthermore, all other'parks identified by the ETSP have been dedicated for the purpose of providing recreation. No additional impacts would occur beyond those identified in the Program EIR. Sources: Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Eas~ Tustin Development Agreement, Second Amendment Mitiqation/Monitorinq Required: Dedication of Lot 3 to the City for Park Purposes will be required with the recordation of the Final Map. Lot 4 has been identified as a 1.4 gross acre site to be reserved ~or park purposes which the City, may acquire. 16. MANDATORY FINDINGS OF SIGNIFICANCE Items a-d - "No Impact": The project in and of itself will not cause negative impacts to wildlife habitat nor achieve, any short-term environmental goals, nor have impacts which are potentially individually limited but are cumulatively considerable and could potentially have an indirect adverse impact on human beings. The program EIR 85-2, as amended, particularly Addendum #5, addressed all of these concerns and this project is fully within the scope of that discussion. Source: As stated above Mitiqation/Monitoring Required: As stated above. DF:br:TT15055. ENV LEGEND E' Land Use Plan EAST TUSTIN SPECIFIC PLAN City of Tustin l~ ATTACHMENT A RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO' City of Tustin 300 Centennial Way Tustin, CA 92680 Attn: Community Development Recorded in the County o? Orange, California Gary L. Granville, Clerk/Recorder Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll No Fee 19960118432 2'e4pm 03/11/96 005 8003428 08 33 R17 11 7.00 30.00 0.00 0.00 0.00 0.00 Section 6103 Space AbOve This Line for Recorder's Use SECOND AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT (the "SECOND AMENDMENT") to the East Tustin Development Agreement (the "ETDA") is made effective ~3~ ~ , 1996, 'by and between The Irvine Company, a M.ichigan corporation ("Developer"), and the City of Tustin, a California municipal corporation ("City")~ with respect to the following: RECITALS a. This SECOND .AMENDMENT amends the ETDA entered into 'by and between City and Develope~ effective December 3, 1986, and approved by City by Ordinance No. 978 (Recorder Doc. #87- 011675, 1/8/87). The ETDA'concerns all of'that real property '(the "Property") described in Exhibit "A" to the ETDA and delineated Qn Exhibit "B" thereto, which description and delineation are incorporated herein by this reference. At.the time of its entry into the ETDA, Developer was the fee owner of the Property, ahd is the fe~ owner of the areas of the Property specifically involved in this SECOND AMENDMENT. The ETDA has been amended once previously, effective March 16, 1992, and approved by City by Ordinance No. 1082 ("First Amendment") (Recorder Doc. #19960099333, 2/29/96). The term "ETDA" is used herein to refer to the ETDA as amended by the First Amendment. Be The ~ETDA provides for the development of the property in accordance with the East Tustin Specific Plan ad0p~ed by City on March 17, 1986 (the "Specific Plan"). Ce The Specific Plan and ETDA provided for the reservation of school and park sites anticipated to be needed to serve the future residents and occupants of the Property. As the Property has been d~veloped, however, certain sites reserved for school or park purposes are no longer needed for those purposes, and should be redesignated for residential development subject to the dedication of a 'new neighborhood park, and parking for a future neighborhood park. City and ATTACHMENT B De E~ Develope~ have also considered the feasibility of development of hotel-uses on the Property, and have determined that hotel construction is unlikely within the next ten years', and the ETDA should be amended accordingly. Amendments to the Specific Plan, approved by the City Council on November 20, 1995, provide for changes in the Land Use Designations of the East Tustin Land Use Plan relating to the release of certain school and park sites. In light of the foregoing, City and Developer desire to further amend the ETDA to accomplish the foregoing purposes and to provide for the development of the Property in accordance with the Specific Plan, as amended -,'i AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereafter contained, and for the purposes stated above, City and Developer hereby agree as follows: 1. %ncorporation of Amendments to Specific Plan. Exhibit ~ "C" to the ETDA, as amended, which is the Specific Plan, is hereby amended as set forth in ~he attached Exhibit "C". Among other minor changes, the amendments to the Specific Plan accomplish the following: Ao . The Land Use Designation of the East Tustin Land Use Plan for Parcel 2 of Parcel Map 88-515 is changed from HS (High School) to designate approximately 16 acres at ML. (Medium-Low) Density Residential with a Neighborhood Park Site located at the northeast corner of Tustin Ranch Road and Heritage Way, and .approximately 24 acres at M (Medium) Density Residential as generally depicted in Exhibit C-1. Bo The Land Use Designation of the East Tustin Land Use Plan for Lot 27 of Tract 13627 is changed from GC (General Commercial) to designate ~approximately 19 acres at MH (Medium-High) Density and approximately 12 acres at GC (General Commercial). . Site Access, Landscapinq Setback and Buildinq Height, and ~pecial Development Restrictions. a~ Vehicular access to the Medium Density Site from Irvine Boulevard shall be at its signalized intersection with Robinson Road. Vehicular Access from Tustin Ranch ROad shall be at, Or southerly of, the intersection of Palermo and Tustin Ranch Road. An expanded thirty five (35) foot setback along Tustin Ranch Road from the edge of the curb to the residential improvements shall be provided, consisting of nine (9) feet of landscaped right-of-way and an additional twenty six (26) feet of landscaped area, all thirty five (35) feet of which is to~be annexed for maintenance purposes to the Tustin Ranch Landscape and Lighting District (the "Lightihg District"). The Lighting District shall be responsible for maintenance of the landscaping in all landscape setback areas around the Medium Density Site and in dedicated right-of-way. C~ The building height of any future development provided on the Medium Density sites shall be limited to two (2) stories. De No more than 350 apartmentunits may be considered on the Medium Density site located adjacent to Irvine Boulevard, away from Tustin Ranch Road. A "For-Sale" townhome or single-family detached residential product shall be provided at a maximum of 16 dwelling units per acre on the Medium Density site located at the southeast corner of. Irvine Boulevard and Tustin Ranch Road. 3. Neiqhborhood.Park. Developer shall dedicate by separate . instrument at the time of recordation of a final map on Parcel 2 of Parcel Map 88-315, a minimum 3.6 net acre neighborhood park to be located on the northeast corner of Tustin Ranch Road and Heritage 'Way. The Developer shall receive land credit in the East Tustin Parkland Dedication Summary maintained by the City's Community Services Department for the amount'of land area dedicated to the City for the 3.6 acre dedication. In addition, Developer shall co~tribute to the City TWO. Hundred Thousand Dollars ($200,000) toward the improvement of the neighborhood park. No land credit shall be received for the monetary contribution. Developer agrees to sell to City at City's cost and City agrees to pUrchase 1.4 net acres of additional land adjacent to the dedicated 3.6 acre neighborhood park site required above. Such acquisition shall occur when the 3.6 acres are dedicated. Developer also agrees to advance monies for the design and improvement costs of the total 5 acre neighborhood park and at the City's option, to accept a note for the purchase of the 1.4 net acres. No land credit shall be received for the 1.4 acres purchased by City or for improvement costs for which monies are advanced to the city. Payment terms for the 1.4 acres or repayment terms for the design and improvement costs shall be subject to a further negotiated Letter Agreement between the City and Developer, which may be executed by the City Manager, but shall at minimum include the following provisions- A. Payment or/ Payback: Payment or payback schedule of not less than 5 years B. Interest: Not to exceed the Local Agency Investment Fund (LAIF) Rate. C. Land Value:. Not to exceed the value of buildable residential land with typical urban infrastructure services to accommodate densities shown on the approVed Land Use Plan for. Parcel 2 of Parcel Map 88-315, as determined by an appraiser selected by mutual agreement of the City and Developer, with appraisal costs borne by the Developer. D. Timing: The details of when .funds will be 'advanced shall be subject to the Letter Agreement, with the goal of improving the park as soon as possible. 4. Release of Reserved Park Site. In order to satisfy Condition 5.1.B of Planning Commission Resolution ~No. 2603 approving Tentative Tract Map 13627, City has determined in the Specific Plan, as amended, to release Lot 17 of Tract 13627 for residential development provided that the Developer dedicates to the City an approximate .18 acre portion of Lot 17 of Tract 13627, as generally depicted in Exhibit H, to provide parking for-the future neighborhood park site located on Lot 16 of Tract 13627. Said dedication shall occur as part of any future subdivision or development of Lot 17 of-Tract 13627. e Apartment Development. ne The second sentence in section 2.1, Permitted Uses, of the ETDA shall be revised to read as follows: "As a standard governing the exercise of the City's discretion to issue conditional use permits for the construction of apartment projects under the Specific Plan, the City agrees that the Developer, will be allowed to construct apartment projects in the medium high and medium density areas of the Property totalling 25% of the maximum number of dwelling nnits permitted by the Specific Plan and Tract~No. 12345 as of the date of the ETDA (December~ 1986) which maximum was 9,178 dwelling units." . New sentences shall be inserted after the second sentence in Section 2.1, Permitted Uses, of the ETDA and are added to read as follows: "For purposes of calqulating the percentage of apartments allowed pursuant to this Agreement, the 1,854 City approved apartment units, as of the date of Amendment No. 2, and 350 apartment units approved by City and built by Developer (or any successor) after the date of Amendment No. 2, shall satisfy the 25% apartment unit limitation as stated above. To the extent that Developer or its successors in interest, after the date of Amendment No. 2 convert apartment units to condominium units, the resultant reduction in apartment units can not be used to recalculate the 25% apartment unit limitation and give rise to a claim for additional apartment units. No further approvals for apartment units will be granted by the City." · Hotels. A· Be The last sentence~in Section 1.4 of the ETDA shall be deleted in its entirety. -.. Section 1.4.1, added by the First Amendment to ETDA is hereby 'deleted in its entirety, and a new Section 1.4.1, ~Hotel, is added to read as follows: "1.4.1 Hotels. Developer agrees that, for a period of ten (10) years following the effective date of this SECOND AMENDMENT, it shall not construct a hotel on its property located between Portola Parkway on the north, the Atchison, Topeka and Santa Fe railroad right-of-way to the south, Myford Road to the west, and Culver Drive to the east." 7. East Tustin Phasinq Plan. The East Tustin Phasing Plan identified in Section 1.9 of the ETDA, and amended by the First Amendment, shall be amended to read as follows- EAST TUSTIN PHASING PLAN CUM. DWELLING DWELLING UNITS UNITS CUM. AUTO SQ. FT. SQ. FT. CENTER RETAIL RETAIL DEALERS 955 955 0 0 3 740 1,695 0 0 4 1,095 2,790 0 0 2 1,303 4,093 400,000 400,000 1 1,273 5,366 663,000 1,063,000 0 '1,192 6,558 0 1,063,000 '0 1,212 7,770 0 1,063,000 0 288 8,058 80,000 1,143,000 0 8,058 8,058 1,143,000 '1,143,000 10 8. Maximum Number of Residential Dwellinq Units. The maximum number of residential dwelling units authorized by the Specific Plan (7,950 dwelling units) and the Phase I Residential Area as aUthorized by Tentative Tract No. 12345 (1,228 dwelling units) shall be reduced from a. total of'9,178 dwelling units to a total of 8,058 dwelling units. However, the original maximum number of' dwelling units permitted by the~ Specific Plan and Tentative Tract No. 12345 as of. the date of the ETDA (December 1986) was a total of 9,178 units and this maximum number of units shall still be used for purposes of calculating the 25% limitation on apartment units as described in Section 2.1 of the ETDA, as modified by this Amendment. No. 2. ' IN WITNESS WHEREOF, City and Developer have each executed this SECOND AMENDMENT effective as of the da~e first written 2fbove. Builders, By Ma,.,~ - v By e division' of The In4ne ATTES~ . . ~k~City Clerk ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of ~ County of ~ :~. DATE ~ NAME, T~~R - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared ~7~..M'--'/~"d--~ · , E(S} OF SIGNER(S) .ersonally known to me - OR - i--I proved to me on the basis of satisfactory evidence - to be the person(s) whose name(s) is/are Subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instruhnent the person(s), or the entity upon behalf of which the person(s) acted, executed' the instrument. I k.~/ O~NOE COUN~ .F ~ ~ My Comm. Expires AUG 28. 1996 ~ WITNESS my hand and official seal. SIGNATURE OF NOTARY . OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER cNDIVIDUAL ORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TrrLE(S) E~ PARTNER(S) E} LIMITED E] GENERAL ~ A'r~'ORNEY-IN-FACT r-] TRUSTEE(S) [--'J GUARDIAN/CONSERVATOR [~ OTHER: TITLE TYPE OF NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: _ SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION o 8236 Remme! A~e., P.O. Box 7184 - Canoga Pa~, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. 5907 State of CALI FOPu~ IA County of ORANGE /.,/ o4~' ' / before me, Kay D. Bro~,ra, Notary Public ·NAME. TI~E OF OFFICER- EG_ 'J~E ~E. NOTARY PUBU~ peFsonally appeared c. Ke~th O~ee~ and ,,Tames R. Cavanau~h N~E(S) OF SIGNER(S) ' ~ personally known to me - OR - to be the persont~ whose name(l~/i$/r~ subscribed to the within instrument and ac- knowledged to me that he'/$J~~executed the same in t'/i/8'//b'¢~ authorized capacity~, and that by signatur~(~l>.on the instrument the perso~ or the entity upon behalf of which -the persor~) acted, executed' the instrument. WITNESS mv hand and offici~ seal. ' . OPTIONAL . . Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, ' CAPACITY CLAIMED BY SIGNER Lr'-] INDIVIDUAL [--] CORPORATE OFFIOER TITLE(SI [--] PARTNER(S) E] LIMITED E] GENERAL E~ ATTORNEY-IN-FACT ['--] TRUSTEE(S) E~ GUARDIAN/CONSERVATOR ~ OTHER: DESCRIPTION OF ATTACHED DOCUiVIENT ~ q · il' -,.- ' TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF: PE~(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE , O1993 NATIONAL NOTARY ASSOCIATION - 8236 Remme! Ave.. P.O. Box 7184 ,- Canoga Park. CA 91309-7184 LEGEND Land Use Plan EXHIBIT C EAST TUSTIN SPECIFIC PLAN City of Tustin Ii~ Z¢ MYFORO ROAD m IT1 Z Z m 0 TR 13627 3.000 AC~5 ~TURE D~ICATIO~ TO ~E Cl~ OF TUSTIN FOR TR 13627 'Z,'70 0 ACR. E5 10/]1/94 1 RESOLUTION NO. 96-50 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OE 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 TENTATIVE TRACT MAP 15055 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: ao That Tentative Tract Map 15055 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and $~ That the projects are covered by a previously certified Final Environmental Impact Report 85-2, as amended, for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. IIo 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 Final EIR is, therefore, determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of the California Environmental Quality Act. Further, the City Council finds the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources; and, therefore, makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 96-50 Page 2 Applicable mitigation measures identified in the Final EIR have been ~iincorporated into this project ~which mitigates any potential significant environmental effects thereof. The mitigation measures are identified as Conditions on Exhibit A of City Council Resolution No. 96-51 approving Tentative Tract 15055 and Exhibit A of Planning Commission Resolution No. 3425 approving Design Review 94-032. PASSED AND ADOPTED by the City Council of the City. of Tustin, at a regular meeting on the 6th day of May, 1996. PAMELA STOKER CITY CLERK TRACY WILLS WORLEY MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela stOker, City Clerk and ex-officio clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 96-50 was duly passed and adopted.at a regular meeting of the Tustin City Council, held on the 6th day of May, 1996, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING TENTATIVE TRACT MAP NO. 15055. The City Council of the City of Tustin does hereby resolve as follows: ~ ~ I. The City Council finds and determines as follows: Ao That Tentative Tract Map No. 15055 was submitted to the City Council by The Irvine Company for consideration. m o That a public hearing was duly called, noticed and held for said application by the Planning Commission on March 25, 1996 and by the City Council on May 6, 1996. C o That an E~vironmental Impact Report EIR 85-2, as modified by supplements and addenda, for the East Tustin Specific Plan has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project. m o That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan (as amended by ZC 94-004), Development Agreement (as amended by the Second Amendment), and Subdivision Map Act. E ° That the City has reviewed the status of the School Facilities Agreements between the Irvine Company and the Tustin Unified School District for the impact of Tentative Tract 15055 on School District facilities, and changes in State law. Impacts associated with this approval on 'School District facilities are adequately addressed. F o That the site is physically suitable for the type of development proposed. G o 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. H ° That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision. I . That the design of the subdivision or the types of improvement proposed are not likely to cause serious public health problems. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 96-' Page 2 J . The project has been determined to be exempt from the provisions of Measure "M" because entitlements specified in the East Tustin/Development Agreement entered into in 1985, and the estimated project generated traffic does not cause the roadWay system to exceed'established levels of service standards. II. The City Council hereby approves Tentative Tract Map 150.55, subject to the conditions contained in Exhibit A, attached hereto. J PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 6th day of May, 1996. PAMELA STOKER CITY CLERK TRACY WILLS WORLEY MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of'the City of Tustin is five; that the above and foregoing. Resolution No. 96-51 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day of May, 1996, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER'NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A TENTATIVE TRACT MAP 15055 RESOLUTION NO. 96-51 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 1.1 Prior to recordation of the final map, the Subdivider (2) shall prepare plans for construction or post security (3) guaranteeing construction of all public and/or private, (5) infrastructure improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following.: a. C . D. E. F. G. Curb and gutter, Sidewalks including access facilities for the physically disabled, Drive aprons, Ail signing/striping modifications, Street paving, Street lights, and Catch basins/storm drain laterals/connections to existing storm drain systems (i) (5) The amount of acceptable security for completion of public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. In addition, a 24"x 36" reproducible construction area traffic control plan, prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. (1) 1~2 All construction within a public right-of-way and/or public easements must be shown on a separate 24" x 36" plan prepared by a California Registered Engineer, with all construction referenced to applicable City, County or Irvine Ranch Water District standards drawing numbers~. (1) 1.3 All changes in existing curbs, gutters, sidewalks and (6) other public improvements shall be responsibility of subdivider. 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 Resolution No. 96-51 Conditions of Approval TTM 15055 Page 2 (1) 1.4 Preparation of plans for and construction of: A, Sanitary sewer facilities mUst be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. , A domestic water system must comply with the standards of the Irvine Ranch Water District/City of Tustin Water service, whichever is applicable. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority 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 conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall comply with the standards as required by the Irvine Ranch Water District. C o 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. Ail proposed streets shall be designed in substantially the same width and alignment as shown on the approved tentative map unless modified and approved by the Directors of Community Development and Public Works. m , Ail streets and drives shall be constructed in accordance with City requirements in terms of type and quality of material used. C . Sidewalk areas shall flare around the placement of above ground facilities, such as signing, street lights and fire hydrants unless located outside of the sidewalk.' Exhibit A Resolution No. 96-51 Conditions of Approval TTM 15055 Page 3 m . Parking shall be prohibited on "A" Street. Signage and red curbing shall be installed where appropriate. (1) 1.6 A complete hydrology study and hydraulic calculations (5) shall be submitted for review and approval by the City. prior to permit issuance. (5) 1.7 In addition to the normal'full size plan submittal process, all final development plans including but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, and final grading plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided drafting and design (CADD) format. The acceptable formats shall be Intergraph DGN or AutoCad DWG file format, but in no case less than DXF file format. The City of Tustin, CADD Conventions shall be followed in preparing plans in CADD, and these guidelines are available from the Engineering Division. The.applicant may submit manually prepared plans in lieu of CADD files and pay a "processing fee" to the City to have the drawings converted into CADD format. This fee will cover the City's costs to transfer the information from the above noted plans to CADD so the information can be integrated into the City's infrastructure base map. The processing fee will be determined on a case by case basis after the plans have been submitted for review. (1) 1o8 The developer of Lot 1 shall be required t6 design and (5) construct improvements and modifications of the traffic signal at Irvine Boulevard/Robinson Drive in conjunction with the development of Lot 1. In addition, a traffic signal equipment and maintenance easement will be required. (1) 1.9 Catch basins shall be provided at Tustin Ranch Road and (5) "A" Street with connection to the existing 48" RCP storm drain in Tustin Ranch Road to eliminate the need for a cross gutter. (1) 1.10 Catch basins shall be Provided at Irvine Boulevard and (5) the drive entrance opposite Robinson Drive with connection to the existing 54" RCP storm drain in Irvine Boulevard, to eliminate the need for a cross gutter. Exhibit A Resolution No. 96-51 Conditions of Approval TTM 15055 Page 4 (1) 1.11 Lots 3, A, B and I, and Lot 4, if developed as a (5) neighborhood park, shall be maintained by the Landscape and Lighting District and shall be equipped with a ~computerized irrigation system fully compatible with the existing systems currently utilized in other areas of Tustin Ranch, subject to approval of the .Director of Public Works. DEDICATIONS/RESERVATIONS/EASEMENTS (1) 2.1 The subdivider shall satisfy dedication and/or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street and flood (6) control right-of-way easements, vehicular access rights, .sewer easements and water easements defined and approved as to specific location by the City Engineer and other applicable agencies. (1) 2.2 The subdivider shall provide an Irrevocable Offer of (5) Dedication of 10 feet along Tustin Ranch Road between "A" Street and Irvine Boulevard, subject to final approval of · the Director of Public Works and the City Attorney. (1) 2.3 "A" Street shall be restricted to right-turn in/right- (5) turn movements only. (1) 2.4 If Lot 4 is developed with residential uses, access to Lot 4 from "A" Street shall be restricted to pedestrians and emergency vehicle access only. *** -2.5 The maintenance responsibility for Lots D, F and H'shall be Homeowners Association or City Approved Alternate. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of a final map, the subdivider shall (2)~ ' post with the Community Development Department a minimum (6) $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by, construction activities. If this deposit is depleted prior to completion of development or the appearance of public streets necessitates additional cl'eaning, an additional incremental deposit will be required. Exhibit A Resolution No. 96-51 Conditions of Approval TTM 15055 Page 5 .(1) 3.2 Any damage done to existing street improvements and (6) utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 3.3 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. GRADING/GENERAL (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. m o The applicant shall submit a grading plan subject to approval by the Department of Community Development delineating the following information: Methods of drainage in accordance with all applicable City standards; 2. Applicable recommendations submitted by geotechnical or soils engineer;. o Compliance with conceptual grading shown on tentative tract map; A drainage plan and necessary supporting documents such as hydrology calculations to comply with the following requirements: a . Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rainfall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. Exhibit A Resolution No. 96-51 Conditions of Approval TTM 15055 Page 6 b , Elimination of any sheet flow. and ponding across lot lines. C o Provision of drainage facilities to protect the lots from any high velocity scouring action. d , Provision for tributary drainage from adjoining properties; 5. Ail flood hazard areas of record; o A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to .final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter; o A note shall be placed on the 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 Public Works and Community Development Departments. Ail "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; · The applicant shall prepare a sedimentation and erosion control plan for all construction work, including a method of control to prevent dust and windblown earth problems. (1) 4.2 Ail earthwork shall be performed in accordance with the. (3) citY of Tustin Municipal Codes and grading requirements. Exhibit A Resolution No. 96-51 Conditions of Approval TTM 15055 Page 7 (1) 4.3 Prior to the recordation of a final map, the applicant (5) shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) that identifies the application and incorporation of those routine structural and non- structural Best Management Practices (BMPs) and detailing implementation of the BMPs not dependent on specific land uses. (1) 4.4 Prior to issuance of grading, grubbing and clearing or (5) paving permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Storm water Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this has been obtained shall be submitted to the Building Official. PARK/RECREATION (7) 5.1 Lot 3 shall be a minimum of 3.6 acres and dedicated to the City by separate instrument prior to recordation of a final map. The subdivider shall receive parkland credit as identified in the East 'Tustin Parkland Dedication Summary for said dedication. (7) 5.2 Lots 4, F and H shall total a minimum of 1.4 acres and shall be "Reserved for Park Purposes". The subdivider shall not receive parkland credit for the 1.4 acres if the City purchases the land as per the Second Amendment to the East Tustin Development Agreement. (7) 5.3 The subdivider shall submit to the City a parkland contribution in the amount of Two Hundred Thousand Dollars ($200,000) prior to recordation of a builder level final map, issuance of the first building permit for residential development or September 30, 1996, whichever occurs first. The subdivider shall not receive parkland credit for the monetary contribution as per the Second Amendment to the East Tustin Development Agreement. (7) 5.4 The subdivider shall submit to the City a Draft Purchase Agreement for the City's acquisition of Lots 4, F and H for park purposes with the objective to close escrow no later than December 2, 1996. The City acquisition of said lots is considered in addition to and separate from the $200,000 monetary contribution required by the Second Amendment to the East Tustin Development Agreement. Exhibit A Resolution No. 9'6-51 Conditions of Approval TTM 15055 Page 8 (5) 5.5 Unless otherwise noted, the following items shall be provided and conditions met subject to the approval of the Director of Community Services .prior to City acceptance of the public park site: Ao Submittal and approval by the Community Development and Community Services Departments 'of a soils report and rough grading plans specific to Lot 3 (and Lot 4, if developed as a park) submitted by the subdivider's registered soils and civil engineer. In addition to a standard soils report, the subdivider shall also provide lo~ specific soil testing for fertility/agronomy, with any recommendations for soil remediation. m o Each Lot identified for park purposes shall be rough graded to two percent (2%) or bonded for per an approved rough grading plan and free of obvious rock and construction debris. Rough grade certification shall be submitted to the Community Development Department, Building Division. C . Full' public improvements must be installed, or bonded for per an approved street improvement plan, around the perimeter of the park site, subject to approval by the City Engineer. m ° Public utility laterals of sufficient size, including water, electricity, sewer, storm drain, natural gas, and telephone communication shall be installed, or bonded for per an approved street improvement plan, subject to approval by the City Engineer. E . Construction type fencing shall be installed around the perimeter of Lot 3 (and Lot 4 if developed as a park). Prior to the time that the park site is accepted by the City and 'the perimeter fence is installed, any materials dumped on site shall be removed and restored to original condition at the subdivider's expense. FIRE DEPARTMENT (5) 6.1 Prior to the recordation of a final tract map, water improvement plans shall be submitted to and approved by Exhibit A Resolution No. 96-51 Conditions of Approval TTM 15055 Page 9 .- the Fire Chief to ensure adequate fire protection and financial security shall be posted for the installation. The water system design, location of~ valvesr and the distribution for the fire hydrants will be evaluated and approved by the Chief. (5) 6~2 Prior to the issuance of any final map, the 'applicant shall submit evidence of the on-site fire hydrant system, and indicate if the improvements are public or private. If the system is private, provision shall be placed in the CC&R's for the repair and maintenance of the system. .(5) 6.3 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating the locations on the street or drive per the orange County Fire Authority Standard. On private property, these markers shall be maintained in good condition by the property owner. (5) 6~4 Prior to the issuance of any grading permits, plans for all streets and courts, public or private, shall be submitted to and approved by the Fire Chief. The plans shall include sectional views and indicate the width measured flow line to flow line. Ail proposed fire apparatus turnarounds shall be clearly marked. (5) ~6.5 Prior to the issuance of any grading permit, street improvement plans with fire lanes shown shall be submitted to and approved by the Fire Chief. The plans shall show the locations of red curbing and signage, and proposed signage with the height, stroke and color of lettering and the contrasting background color. The CC&R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes, a method of enforcement shall be included. NOISE (1) 7ol Ail construction operations including engine warm up (5) shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturdays, unless otherwise determined by the Building Official. Exhibit A Resolution No. 96-51 Conditions of Approval TTM 15055 Page 10 (1) 7.2 Construction hours'shall be clearly posted on the site to '(5) the satisfaction of the Building Official. BUYER NOTIFICATION (1) 8.1 Subdivider shall notify potential buyers of their (2) obligations to notify future tenants and homeowners related to the following: Ao 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 shall be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. m . The future developer 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. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. C . The future developer 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. m , The future 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: Exhibit A Resolution No. 96-51 Conditions of Approval TTM 15055 Page 11 (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map); and (2) Advice to homebuyers that proposed school sites may never be constructed. E o The future developer 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. (1) 8.2 The subdivider shall notify all potential buyers of (5) subdivided lots and potential liens/assessments against the subdivided properties as follows: A. Assessment District 85-1; and o The City of Tustin Landscaping and Lighting District as amended. FEES (1) 9.1 Ail properties within the subject map will be subject to Assessment District 85-1 fees to be determined as a result of land use change. The 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 Assessment District 85-1 as a result of the subdivision. (1) 9.2 Prior to issuance of'any permits, payment shall be made of all required fees, including but not limited to those identified below. Payment will be required based upon those rates in effect at the time of payment and are subject to change. a. Major thoroughfare and bridge fees to Tustin Public Works Department: Single-Family Detached @ $2,501/unit; Multiple-Family @ $1,455/unit. B o Sanitary sewer connection fee to Irvine Ranch Water District. Exhibit A Resolution No. 96-51 Conditions of Approval TTM 15055 Page 12 C , Grading plan checks and permit fees to the Community Development Department to be determined at building plan check. m o ~All applicable Building plan check and permit fees to the Community Development Department to be determined at building plan check. m o New development fees to the Community Development Department: Single-Family Detached @ $350/unit; Multiple-Family @ $350/unit + $100 for each bedroom over 1 bedroom. F o School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. *** 9.3 Prior to recordation of a final map, a revised fee program applicable to Lots 1 and 2, and 4 and 5 for payment of~East Tustin Facility Fees for the Civic Center Expansion, Irvine Boulevard Widening and Fire protection Facility and Equipment shall be approved by the City Council. (1) 9.4 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 $38.00 (thirty-eight 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 Exhibit A Resolution No. 96-51 Conditions of Approval TTM 15055 Page 13 operative, vested Or final unless and until the. fee is paid. 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 final map approval, the subdivider shall: A. Submit a current title report; m o A duplicate mylar of the Final Map, or 8~ inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance; and C , A'list of street names to be approved by the City of Tustin Street Naming Committee. (1) 10o3 The subdivider 'shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development Agreement, and EIR 85-2. (1) 10.4 Building permits may not occur upon any lot created by Tract 15055 until such time that subsequent, project specific subdivision maps, or other required entitlements are approved for individual lots. (1) 10o5 Each access point is conceptually identified, but exact locations must be reviewed individually as development is proposed. (1) 10.6 The cumulative number of residential units for which (2) certificate of occupancy may be issued shall not exceed (5) the cumulative total of square feet of occupied revenue generating uses; or equivalents as shown in the EaSt Tustin Specific Plan Development Agreement. Exhibit A Resolution No. 96-51 Conditions of Approval TTM 15055 Page 14 *** 10.7 The building height'of any future development on Lot 1 of Tentative Tract Map 15005 shall be consistent with the height limitations specified in the Second Amendment to the East Tustin Development Agreement. *** 10.8 The perimeter landscaping of any future development on Tentative Tract Map 15005 consistent with the perimeter Landscaping Concept Plan requirements specified in the ~Design review 94-032. DF: br