HomeMy WebLinkAbout01 ZC 94-003 TT 14934 08-15-94AGENDA..--
NO. I
8-15-94
·
Inter-Gom
DATE:
AUGUST 15, 1994
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
ZONE CHANGE 94-003 AND VESTING TENTATIVE TRACT MAP 14934
DEVELOPMENT, INC.)
(DaD
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the Environmental Determination for the project by
adopting Resolution No. 94-100;
Have first reading by titte only and introduction of Ordinance
No.1138 approving Zone Change 94-003; and
3. Approve Vesting Tentative Tract Map 14934 by adopting
Resolution No. 94-101, as submitted or revised.
FISCAL IMPACT
This project is an applicant initiated project. The applicant has
paid application fees to recover the cost of processing this
application. In addition, it is anticipated that the Redevelopment
Agency would enter into an agreement with the applicant to provide
financial assistance for the project.
BACKGROUND
The applicant proposes to subdivide an 11.85 gross acre site into
145 numbered lots and 33 lettered lots to accommodate 145 single-
family detached dwelling units and resulting in the demolition of
an existing 296 unit apartment complex. On July 25, 1994, the
Planning Commission reviewed the project and adopted Resolution No.
3289 approving Conditional Use Permit 94-007 and Design Review 94-
013, and Resolution Nos. 3290 and 3291 recommending to the City
Council approval of Vesting Tentative Tract Map 14934 and Zone
Change 94-003 (Attachment A). The Conditional Use Permit and
Design Review which the Planning Commission approved would
specifically authorize the establishment of Planned Community
District Regulations which would specify the development standards
City Council Report
ZC 94-003 and VTT 14934
August 15, 1994
Page 2
under which the project would be governed pursuant to City Code
Section 9244.
The subject project is located within the South/Central
Redevelopment Project Area which requires Design Review approval by
the Zoning Administrator. Since the Design Review application
included a specific site plan and architecture design directly
related to a number of discretionary actions, the Zoning
Administrator referred the Design Review to the Planning Commission
for consideration pursuant to City Code Section 9299b.
The project site is located at the southerly terminus of Newport
Avenue (see location map) and is currently developed with 296
apartment units which were vacated in October of 1990 as a result
of extensive City enforcement activities related to numerous
building, fire, and health and safety code violations which exist
throughout the complex. The dwellings had been previously
determined by the City's Building Official to be uninhabitable.
The property has rapidly deteriorated, creating a blight on the
neighborhood and contributing to an increase in local crime, drug
abuse and vandalism. Improving conditions on this site and
creating home ownership opportunity is critical to the City's on-
going efforts to stabilize recent decline in this neighborhood in
the southwestern portion of the City and within the South/Central
Redevelopment Project Area.
Surrounding uses to the site include single-family and multiple-
family residential to the north, the AT&SF railroad and a flood
control channel to the south, the Tustin Unified School District
maintenance facility to the east and multiple-family residential
across Newport Avenue to the west.
A public hearing notice identifying the time, date and location of
the public hearing on this project was published in the Tustin
News. Property owners within 300 feet of the site were notified of
the hearing by mail and notices were posted on the site, at City
Hall and the Police Department. The applicant and property owner
were informed of the availability of a staff report on this
project.
City Council Report
ZC 94-003 and VTT 14934
August 15, 1994
Page 3
ZONE CHANGE
The subject property is designated as High Density Residential by
the City's Land Use Element of the General Plan. The High Density
land use designation would allow development up to 25 dwelling
units per acre. The property is currently zoned R-3 (Multiple-
Family Residential) which would allow apartment units as an
outright permitted use and is presently developed with 296
apartment units at a density of 25 dwelling units per acre. The
proposed project includes the complete demolition of the existing
296 apartment complex, including all structures and site
improvements. Submitted development plans for the project propose
construction of 145 single-family detached dwelling units. The
proposed project results in a gross density of 12.2 dwelling units
per acre which is approximately a 50% reduction in the existing
density on the property.
IX order to accommodate the proposed project, the applicant has
requested to change the zoning on the property from R-3 to PC
(Planned Community - Residential). The PC District is intended to
allow diversification of the relationships of various buildings,
structures and open spaces and that adequate standards related to
health, safety, and welfare are observed without unduly inhibiting
the advantage of large scale developments. Proposed development
plans, along with the proposed Planned Community District
Regulations which are included in Exhibit B of the Zone Change
Ordinance, will comprise the development standards under which the
proposed project would be governed. The discussion in the "Project
Description/Site Plan" Section below will describe in more detail
the relationships between the project and the proposed development
standards.
PROJECT DESCRIPTION/SITE PLAN
The applicant has proposed single-family detached dwelling units
also called "patio homes" to be situated on small lots and arranged
around private motor courts. The Planning Commission and the City
Council have previously adopted development standards for "patio
homes" in the East Tustin area which the applicant has utilized to
a great extent in developing this particular project. However, the
applicant has also proposed some different standards in the design
of this project given the specific product type and site
constraints related to Newport Avenue and affordable housing issues
which are discussed below in more detail.
City Council Report
ZC 94-003 and VTT 14934
August 15, 1994
Page 4
Project plans propose three different floor plans. Ail building
types are proposed to be two-stories and between 21 and 25 feet in
overall height. The different floor plans are proposed with floor
areas ranging from 1,156 square feet to 1,552 square feet. Plan 1
includes 2 bedrooms + loft (or 3rd bedroom option)/2.5 bath
totaling 54 units, Plan 2 includes 2 bedrooms + den (or 3rd bedroom
option)/2.5 bath totaling of 53 units, and Plan 3 includes 3
bedrooms 3 bedrooms + loft (or 4th bedroom option)/2.5 bath
totaling 38 units.
The primary departures from the East Tustin Patio Home standards
are related to ~ot configuration, yard setbacks, number of units on
a private drive, and parking. Unlike the "patio home" standards
which are a form of condominium ownership, each unit in the
proposed development would be located on their own parcel which
created the need to establish different setback measurements.
Sec%ion 3.5.D of the District Regulations identify the proposed
setback requirements with specific setbacks from the tract
boundary, private streets and drives, as well as side and rear
yards. In general, 10 foot building setbacks would be provided on
the private street. Garages may be located a minimum of 5 feet
from the private street. Provisions for a minor architectural
projection into this setback on the street elevation of Plan 3 has
been accommodated in this development standard. A 7 foot building
setback would be provided on private drives. Garages may be
located a minimum of 3 feet from the private drive. Please refer
the statistical summary sheet in Attachment B which identifies the
proposed and provided development standards.
Since property lines between the units are proposed, there is a
need for side and rear setbacks. The proposed side yard setback
when not adjacent to a private street or drive is 3 feet which
would provide a distance between buildings of 6 feet. The rear
yard setback is proposed to be 8 feet and will result in a minimum
distance between buildings of 16 feet. The "patio home" standards
for East Tustin established a minimum distance between all
buildings of 10 feet, regardless of whether it was considered a
side or rear yard. The 10 foot dimension could be. reduced to 6
feet for a length of 25 feet if no openings were provided on at
least one elevation. In the applicant's proposed product type, the
portions of the units where there would be less than 10 feet
between buildings would generally be less than 24, 22, and 13 feet
in length for Plans 1, 2, and 3 respectively.
City Council Report
ZC 94-003 and VTT 14934
August 15, 1994
Page 5
The applicant is proposing motor courts which are a maximum of 135
feet in length and serve a maximum of 8 dwelling units. Only three
of the 20 courts would have 8 units, 1 court would have 7 units,
and the remaining 16 courts would have 6 or fewer units. The
"patio Home" standards for East Tustin established a maximum 150
foot length and six unit maximum for the private drives. While the
proposed plans show four courts with more than 6 units, the overall
length of a court is significantly shorter than the private courts
allowed in East Tustin and would accommodate emergency and trash
vehicles.
Parking requirements are provided in Section 3.5.H of the District
Regulations which establish the requirement for a two car enclosed
garage for each unit. Guest parking would be provided at a rate of
.5 spaces for each dwelling. Due to site constraints, the
applicant has not proposed to provide an additional .5 open space
for each four bedroom unit as suggested by the "patio home"
standards in East Tustin. Plan 3 is being offered as a 3 bedroom
with a loft (or optional 4th bedroom). There are 38 Plan 3 units
proposed throughout the development which are all located along the
loop road where on-street parking is available, except in one
location. It is the applicant,s experience that approximately 50%
of the homebuyers would select the 4th bedroom option. Parking for
the project would provide a total of 290 garage spaces. In
addition, a total of 77 open unassigned guest spaces along one side
of the private loop street and in perpendicular parking would be
provided throughout the site. Should an individual owner own more
than two vehicles, additional vehicles would need to be kept
outside the subdivision boundaries.
TR3%NSPORTATION/CIRCULATION
Access to the site is provided by a 48 foot wide private entry from
a new proposed cul-de-sac which would provide access to Newport
Avenue. The private entry street is proposed to include vehicle
gates and would include acceptable vehicle stacking and turn around
dimension to accommodate the project. A secondary gated access to
the site was originally proposed from the Carfax Drive cul-de-sac
located in the northeast corner of the site. However, in response
to concerns expressed by the residents in the vicinity of Carfax
Drive, the applicant has agreed to limit access to the Carfax cul-
de-sac to emergency access only. The Planning commission included
a condition of approval to limit such access. However, the
condition also ensures that full vehicular and pedestrian access
City Council Report
ZC 94-003 and VTT 14934
August 15, 1994
Page 6
would be provided during the construction and realignment of
Newport Avenue to ensure adequate access to the subject project.
There will likely be short term circulation and access disruptions
on the development during the realignment construction of Newport
Avenue that could prevent access to the project site along Newport
Avenue. It is therefore essential that the Carfax Drive access be
available during these disruptions to provide alternative access to
this development during the construction of Newport Avenue for a
period of time based upon construction phasing and construction
schedules. Homebuyer notification and provisions in the CC&R's for
the development would be required to notify potential homebuyers of
the future plans related to Newport Avenue so they would have an
adequate opportunity to consider this major circulation facility in
the purchase of their home. In addition, staff would be working
with the property owners in the vicinity, including the property
owners on Carfax Drive related to the construction details prior to
commencement of construction to realign Newport Avenue.
The street system within the tract proposes a main loop street with
a 32 foot wide curb to curb dimension and 5 foot sidewalks on one
side of the street within a 37 foot right-of-way and would
accommodate parking on one side of the street. The sidewalk and
on-street parking are proposed to be located on the outside edge of
the loop road. Twenty-three (23) of the units are served directly
from the private street. The majority of the units (122) are
served from 24 foot private drives which access the main loop road.
All streets and facilities within the development are proposed to
be private and will be maintained by a required Homeowner's
Association. A more thorough discussion of the transportation and
circulation issues follows.
Newport Avenue currently terminates at the AT&SF railroad at the
southerly boundary of the project site. It is anticipated that
Newport Avenue would be extended southerly under the AT&SF railroad
and would be realigned to connect with the existing Del Amo Avenue
and a new northbound Edinger Avenue/SR-55 freeway ramp system
within the Pacific Center East Specific Plan area as shown on the
Arterial Highway Plan in the Circulation Element of the General
Plan (Attachment C) and the Orange County Master Plan of Arterial
Highways. The proposed development plans have identified the
.realignment of Newport Avenue along the project frontage, including
the necessary slope area to accommodate the depressed roadway
condition to underpass the AT&SF railroad and flood control
channel. The proposed right-of-way alignment for Newport Avenue
also identifies a new cul-de-sac off of Newport Avenue which would
City Council Report
ZC 94-003 and VTT 14934
August 15, 1994
Page 7
provide access to this development,
condominium development to the north of
Newport Avenue is realigned.
as well as the existing
the subject property once
Policy 1.16 in the Circulation Element states that the City should
continue to require dedication of right-of-way and construction of
street improvements on streets adjacent to construction projects at
the developer's expense. City Code Section 7220 and 9372 would
also normally require the applicant to provide ultimate public
improvements for the development. A dedication requirement without
compensation as a condition of a land use permit would be legally
supportable provided that a "nexus," or reasonable connection,
between the governmental interest and the permit condition can be
made. In other words, a permit condition requiring the dedication
of private property for public use should establish a relationship
between the required dedication and the proposed development.
T~at does not mean that a local government can no longer require
dedications of property as a condition of land use permit
approvals. Indeed, dedications for streets, sidewalks, and other
public ways are generally reasonable extractions to avoid excessive
congestion from a proposed property use. However, a local
government should establish a connection between the dedication
requirement and the governmental interest served by that
requirement.
Right-of-way for the realignment of Newport Avenue will be
necessary along the subject property frontage, as well as for a new
cul-de-sac to provide access to the site, and has been accommodated
in the design of the project. Since the ultimate design of the
Newport Avenue realignment has not been finalized, the applicant
has identified the required right-of-way and the street
improvements to the greatest extent possible on the access cul-de-
sac serving the project. Although normally a requirement imposed
by the City, the applicant will not be required to construct the
ultimate improvements along the project frontage associated with
the realignment of Newport Avenue which would be constructed by the
City/Redevelopment Agency in the future. However, the proposed
cul-de-sac will be required to be constructed by the applicant to
the ultimate configuration to the greatest extent possible to
provide access to the development and reduce access inconvenience
that will be associated with the realignment and construction of
Newport Avenue in the future. It is also anticipated that the
Redevelopment Agency would enter into a separate agreement with
the applicant to provide financial assistance for the project which
City Council Report
ZC 94-003 and VTT 14934
August 15, 1994
Page 8
would constitute a "rough proportionate" obligation the City would
have for right-of-way along the project frontage.
The applicant has prepared a Traffic Impact Report for the project
which was reviewed and approved by the City of Tustin Engineering
Division and is included as Attachment B to the Initial Study
attached to this report. Newport Avenue is classified as a Major
arterial and is currently operating at a Level of Service (LOS) A
in this vicinity. The noted LOS was derived from the most recent
Citywide Annual Average Daily Traffic (ADT) counts, performed in
November of 1993. The Newport/Sycamore Avenue intersection is
currently operating at LOS A in the AM and PM peaks. The subject
project is estimated to generate approximately 1450 vehicle trips
per day with 110 vehicles per hour during the AM peak hour and 150
vehicle trips per hour during the PM peak hour. The site is
currently vacant and any new development will generate incremental
traffic impacts in the adjacent area, which when considered
cumulatively, will impact the circulation system. As indicated in
the City's General Plan Circulation Element, the circulation
system, once completed with the extension of Newport Avenue, is
designed to accommodate the ultimate buildout of the City of which
this property is considered a part.
By ensuring that the required right-of-way is accommodated for the
realignment of Newport Avenue, construction by the applicant of
ultimate improvements on the proposed access cul-de-sac, and the
ultimate construction of public improvements on Newport Avenue by
the City/Redevelopment Agency, individual and cumulative
significant impacts that would result from the proposed project
would be reduced to an acceptable level. In addition, .it will be
recommended that the Redevelopment Agency share a portion of the
right-of-way costs along the project frontage associated with the
realignment of Newport Avenue. This incentive will be to offset
costs associated with the provisions of affordable housing as
discussed later in this report. The waiver by the City of
improvement requirements along the entire Newport Avenue frontage
would also be part of the City's "rough proportionate" obligation
for right-of-way and improvements along Newport Avenue.
Based on the information contained in the Traffic Impact Report and
the mitigation measures proposed in the Initial study and
incorporated into the project by design and conditions of approval,
the City's Engineering Division has determined that the impacts
that would be created by the proposed project can be mitigated to
an acceptable level.
City Council Report
ZC 94-003 and VTT 14934
August 15, 1994
Page 9
ARCHITECTURAL DESIGN/LANDSCAPE/HARDSCAP~
The Planning Commission approved Design Review 94-013 related to
the specific building architecture and landscaping proposed for the
project. The proposed architectural style is a contemporary
interpretation of French Colonial. Each of the three building
types would be two- stories, with a maximum height of 21 feet on
Plans 1 and 2 and 25 feet on Plan 3. Ail plans include
architectural details such as clipped eaves, multi-pitched roofs
with asphalt shingles, stucco window surrounds and accent
detailing, decorative chimney caps, decorative shutters and wrought
iron railings. A condition of approval was included in the Design
Review Resolution requiring architectural detailing and stucco
surroundings on all elevations of each Plan type to provide
consistency with the architecture on all sides of the buildings.
A recreation area consisting of a pool and spa is proposed at the
main entrance of the project adjacent to Lots 98 and 145. A tot
lo% is proposed in the southeast corner of the project adjacent to
Lots 118 and 119.
The conceptual landscaping plan does include a plant palette
consisting of entry street trees of Chinese Flame Tree and
Jacaranda trees, loop road street trees of Florida Fig, Fern Pine,
and Evergreen Elm and motor court trees of Red and White Oleander
Trees, Majestic Beauty and Bronze Loquat. Additional landscape
treatments are proposed at the recreation center with a variety of
pines, Alder and Brisbane Box. Perimeter landscaping along Newport
Avenue would be provided in the interim conditions which would
utilize some of the existing pines immediately adjacent to Newport
Avenue. Additional plant materials of pines, alders and Brisbane
Box, as well as shrubs and ground covers would be provided and
maintained by the developer. The Planning Commission also added a
condition of approval requiring the installation of one tree for
every 30 linear feet of property line along the north and south
property lines of the project.
HOUSING REQUIREMENTS
The proposed new construction of 145 single-family detached
dwelling units would offer new ownership housing opportunities and
eliminate a blighted condition within this portion of the City.
The City's Housing Element has established a goal to "Increase the
percentage of ownership housing to ensure a reasonable balance of
rental and owner-occupied housing within the City" (Goal 3). The
proposed project would directly achieve this goal by eliminating
City Council Report
ZC 94-003 and VTT 14934
August 15, 1994
Page 10
blighted apartment units
detached dwellings which
opportunities.
and constructing new single-family
would offer individual ownership
Since this project site is within a Redevelopment Project Area, the
issues related to replacement housing and affordable housing must
be addressed. Article 9 of California Community Redevelopment Law
Section 33410 et seq., requires redevelopment agencies to
rehabilitate, develop or construct, or cause to be rehabilitated,
developed or constructed, low and moderate income dwelling units
which are lost as a result of a redevelopment project. However, in
this particular case, the City, Redevelopment Agency or developer
would not be required to rehabilitate, develop or construct
replacement housing as a result of the loss of units on this
property. Article 9 would only apply when two criteria are met: 1)
units housing persons of low and moderate income are removed from
the .market as a result of a redevelopment project; and 2)
households are displaced as a result of the loss of low or moderate
income housing. As previously mentioned, the existing units have
been vacant since October of 1990. Since no households are being
displaced as a result of this project, the requirements of Article
9 to rehabilitate, development or construct replacement housing
would not apply according to the City Attorney's Office.
However, other provisions of California Community Redevelopment Law
would apply to this project. Section 33413(b) (2) requires that at
least 15% of the units developed in a project by public or private
entities other than the Redevelopment Agency (including such
entities receiving Agency assistance) must be affordable to low and
moderate income persons and households. Of those units, 40% must
be affordable to very-low income households (translates to a very-
low income requirements of 6% of the total units). The units must
remain affordable for the longest time feasible, but for not less
than the period of the land use controls established in the
Redevelopment Plan, which would be enforced through CC&R's and deed
restrictions on the specific properties. In addition, Policy 1.4
of the Housing Element promotes dispersion and integration of
housing for low and very-low income families throughout a community
as opposed to within a particular geographic area or neighborhood.
Based upon 145 proposed units, 21 units would need to be
identified as affordable to satisfy the requirements of
Redevelopment Law. Of those 21 units, 13 units would need to be
affordable for low and moderate income households and 8 units would
need to be affordable for very-low income households. The State
Department of Housing and Community Development (HCD) publishes
City Council Report
ZC 94-003 and VTT 14934
August 15, 1994
Page 11
figures which are the accepted standards to determine income
eligibility requirements. Moderate income groups would be those
households with incomes between 81% and 120% of area median; Low
income groups between 51% and 80% of area median; and Very-Low
income groups below 50% of the area median. Based upon published
HCD figures as of June 1994, the median income for a family of four
in Orange County is $58,800. Based upon the median income, the
affordable units would need to affordable to those households of
four with the incomes as follows:
Moderate Income
(120% of median)
$70,560
Low Income
(80% of median)
$47,040
Very-Low Income
(50% of median)
$39,900
These HCD figures vary depending upon household size and are
adjusted annually to reflect the change in median income over time.
The most current HCD figures would be used for each particular unit
at the time building permits are issued for each respective unit.
Conditions of approval have been included in the Tentative Tract
Map Resolution requiring an affordable housing program to be
developed in compliance with applicable provisions of California
Community Redevelopment Law. Selected dwelling units to satisfy
affordable requirements shall be dispersed throughout the
development so as to not concentrate the selected units in any one
portion of the project based on Policy 1.4 of the General Plan
Housing Element. Provisions shall be made in the CC&R's for the
development and separate deed restrictions recorded on each
selected property identifying the affordable housing program,
including, but not limited to, income restrictions and time limits
under the program. Details of the affordable housing program, as
well as provisions contained in the CC&R's and the separate deed
restrictions, shall be subject to the approval of the Community
Development Department and Redevelopment Agency Attorney prior to
the issuance of any permits for the project or approval of the
final map which ever occurs first.
City Council Report
ZC 94-003 and VTT 14934
August 15, 1994
Page 12
ENVIRONMENTAL ANALYSIS
A Negative Declaration has been prepared for this project. The
attached Initial Study discusses numerous impact categories and
appropriate mitigation measures, including the issues discussed
above. Based upon this review, staff has determined that any
potential impacts can be mitigated to an acceptable level and such
mitigation measures have been included as Conditions of Approval in
Planning Commission Resolution Nos. 3289 and 3290 for the project.
with this information in mind, it is recommended that the City
Council certify the Negative Declaration as adequate .for this
project to the provisions of the California Environmental Quality
Act.
CONDITIONS OF APPROVAL
A l~st of conditions of approval is included within the attached
resolutions. Outside of specific issues discussed in this report,
conditions of approval are standard conditions required by either
the City Code, the Subdivision Map Act, California Community
Redevelopment Law, or requirements of City Departments or outside
reviewing agencies.
CONCLUSION
Given the analysis conducted by the Community Development
Department and in consideration of comments from other agencies and
the public, it is concluded that the proposed project meets the
requirements of the Subdivision Map Act, as adopted, the California
Environmental Quality Act, California Community Redevelopment Law
and the City Code.
City Council Report
ZC 94-003 and VTT 14934
August 15, 1994
Page 13
With the inclusion of conditions of approval listed in Planning
Commission Resolution No. 3290, it is recommended that the City
Council approve Zone Change 94-003 and Vesting Tentative Tract Map
14934.
Dan~iel Pox, ~ICP
Senior Planner
DC~rr~ cStt ~eo~ve 1 opment /
Assistant City Manager
CAS:DF :br/TT149~/~
Attachments:
Location Map
Attachment A - PC Resolutions 3289, 3290 and 3291
Attachment B (Statistical Summary)
Attachment C - Arterial Highway Plan
Tentative Tract Map 14934
Site Plan/Elevations
Initial Study
Ordinance No.1138
Resolution Nos. 94-100 and 94-101
LOCATION MAP j~,?
ZC 94-003
TT 14934
CUP 94-007
DR 94-013
NO SCALE
ATTACHMENT A
PLANNING COMMISSION RESOLUTIONS
RESOLUTION NO. 3289
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CONDITIONALLY APPROVING CONDITIONAL USE
PERMIT 94-007 AND DESIGN REVIEW 94-013 FOR A 145
SINGLE-FAMILY DETACHED DWELLING UNIT PROJECT TO BE
CONSTRUCTED ON TRACT 14934.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
ae
That proper applications, Conditional Use Permit
94-007 and Design Review 94-013, were filed by D&D
Development Company, Inc. requesting approval of a
145 single-family detached dwelling unit project to
be constructed on an 11.85 acre site located at
14882 - 14942 Ne%rport Avenue.
Be
Ce
The subject property is located within the
South/Central Redevelopment Project Area. Pursuant
to City Code Section 9299b, the Zoning
Administrator has forwarded action on Design Review
94-013 to the Planning Commission.
That a public hearing was duly called, noticed and
held for said project on July 25, 1994, by the
Planning Commission.
De
That establishment, maintenance and operation of
the use applied for will not, under the
circumstances of this case, be detrimental to the
health, safety, morals, comfort, or general welfare
of the persons residing or working in the
neighborhood of such proposed use, nor detrimental
to the property and improvements in the
neighborhood of the subject property, nor to the
general welfare of the city of Tustin as evidenced
by the following:
The proposed development plans would
accommodate the demolition of an existing 296
unit apartmen~ complex which has been vacant
since October of 1990 and has created a blight
on the neighborhood and contributed to an
increase in local crime, drug abuse and
vandalism. Actual density of the project
would be 12.2 dwelling units to the acre
providing a reduction of density by 50% of the
current development.
12
13
~- 14
15
16
17
18
19
20
21
22
23
24
25
26
27
~8
Resolution No.
Page 2
1
2
3
4
5
6
7
8
9
l0
11
E.
3289
The proposed development would provide for a
single-family detached dwelling unit project
which is presently limited in the southwest
portion of the City.
The proposed development is configured in an
orderly fashion with a clear hierarchy of
streets including a private street, private
court (streets) and private court (drives),
the arrangement of which provides a protected
circulation system.
The proposed development would conform to all
of the requirements of the proposed Planned
Community District Regulations which would
govern the development of the property,
applicable City Codes, the Uniform Building
Code and all Fire and Safety Codes and as
such, would not be detrimental to the health,
safety, morals, comfort or general welfare of
the persons residing in the neighborhood nor
to the general welfare of the City.
Pursuant to Section 9272 of the Tustin Municipal
Code, the Commission finds that the location, size,
architectural features and general appearance of
the proposed development will not impair the
orderly and harmonious development of the area, the
present or future development therein, or the
occupancy as a whole. In making such findings, the
Commission has considered at least the following
items:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of zoofs.
5o
Size and spacing of windows, doors and other
opeDings.
Towers, chimneys, roof structures, flagpoles,
radio and television antennae.
7. Landscaping, parking area design and traffic
circulation.
8. Location, height and standards of exterior
illumination.
Resolution No. 3289
Page 3
II.
Location and appearance of equipment located
outside of an enclosed structure.
10. Physical relationship of proposed structures
to existing structures in the neighborhood.
11. Appearance and design relationship of proposed
structure to existing structures and possible
feature structures in the neighborhood and
public thoroughfares.
12. Development Guidelines and criteria as adopted
by the City Council.
The Planning Commission hereby conditionally approves
Conditional Use Permit 94-007 and Design Review 94-013
authorizing construction of a 145 single-family detached
dwelling unit project, subject to the conditions
contained in Exhibit A, attached hereto.
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PASSED AND ADOPTED by the Planning Commission of the City of
'Tustin, at a regular meeting on the 25th day of July, 1994.
Recording Secretary
Chairperson
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
· BARBARA REYES, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3289 was dull'
passed and adopted at a regular meeting of the Tustin Planning
Ccmmission, held on the 25th day of July, 1994.
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3289
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 94-007 AND DESIGN REVIEW 94-013
(1)
GENERAL
1.1
The proposed project shall substantially conform with the
submitted plans date stamped July 25, 1994 on file with
the Community Development Department as herein modified
or as modified by the Director of Community Development
in accordance with this Exhibit, as well as all
provisions of the Planned Community District Regulations
for the subject development adopted as part of ZC 94-003.
The Director of Community Development may also approve
subsequent minor modifications to plans during plan check
if such modifications are to be consistent with
provisions of the Planned Community District Regulations.
(1)
(1)
1.2
Unless otherwise specified, the conditions contained in
the Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval, by the Community Development
Department.
1.3
Design review approval shall become null and void unless
all building permits are issued within twenty four (24)
months of the date of this Exhibit.
(1)
1.4
The applicant shall sign and return an Agreement to
Conditions Imposed form prior to issuance of building
permits.
(1)
1.,5
The applicant and property owner shall hold harmless and
defend the City of Tustin for all claims and liabilities
arising out of the city's approval of the entitlement
process for this project.
*** 1.6
(2)
The applicant shall prepare an affordable housing program
in compliance with all applicable provisions of
California Community Redevelopment Law to ensure
satisfaction of Conditions 9.1 through 9.3 of Exhibit A
of Planning Commission Resolution No. 3290.
SOURCE CODES
(1) STANDAND CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibit A - Conditions of Approval
CUP 94-007/DR 93-013
Resolution No. 3289
Page 2
(1) x.7
Approval of Conditional Use Permit 94-007 and Design
Review 94-013 is subject to City Council approval of Zone
Change 94-003 and Vesting Tentative Tract Map 14934.
Should the City Council not approve the Zone Change or
Vesting Tentative Tract Map, the subject Conditional Use
Permit and Design Review shall be come null and void.
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A.
Construction plans, structural calculations, and
Title 24 energy calculations. Requirements of the
Uniform Building Codes, State Handicap and Energy
Requirements shall be complied with as approved by
the Building Official.
(2) B.
(3)
Preliminary technical detail and plans for all
utility installations including cable TV,
telephone, gas, water and electricity.
Additionally, a note on plans shall be included
stating that no field changes shall be made without
corrections submitted to and approved by the
Building official.
(2) c.
(3)
Final grading and specification consistent with
the site plan and landscaping plans and prepared by
a registered civil engineer for approval by the
Community Development Department. Subject grading
submittal shall comply with all requirements of
Conditions 4.1 and 4.2 contained in Exhibit A of
Planning Commission Resolution No. 3290.
(2)
(3)
Information, plans and/or specifications to ensure
satisfacticn of Conditions 1.1 through 1.12 of
Exhibit A of Planning Commission Resolution No.
3290.
(2) g.
(3)
Information, plans and/or specifications to ensure
compliance with Conditions 5.1 through 5.7 of
Exhibit A of Planning Commission Resolution No.
3290.
(2) F.
(3)
Model complex plans identifying all temporary
fencing, landscaping, elevation alterations,
parking facilities and other temporary model
complex facilities.
of Approval
Exhibit A - Conditions
CUP 94-007/DR 93-013
Resolution No. 3289
Page 3
(2) G.
(1) 2.z
(~)
(5)
(1)
(2)
(2)
(5)
A detailed acoustical noise study prepared by a
qualified acoustical expert shall be subject to
review and approval by the Community Development
Department to insure that interior noise levels do
not exceed a maximum of 45 dBa's and that the
exterior noise levels shall not exceed a maximum of
65 dBa's. The report shall specifically reflect
the anticipated buildout impacts of noise along
Newport Avenue, the adjacent railroad to the south,
and aircraft overflight. The report and any
subsequent field inspection shall comply with
Conditions 6.1 and 6.2 of Exhibit A of Planning
Commission Resolution No. 3290.
Applicant shall be permitted to obtain grading permits
and building permit for model unit construction prior to
approval of Final Map 14934 provided all Uniform Building
Code, Public Works, Fire Department and Community
Development requirements have been met and approvals
granted.
2.3
Submitted construction drawings shall be in conformance
with all development standards as applicable in the
Planned Community District Regulations. Conceptual
approval of locations of structures shall not constitute
final approval. Any administrative adjustments are
subject to review and approval by the Director of
Community Development.
2.4
No temporary construction fencing shall be permitted to
encroach into the required travelways of the private
streets or private courts.
2.5
Submitted construction drawings shall reflect all
dimensions consistently between vesting tentative tract
map, site pion, landscape plan, model plan and
architectural plans.
2.6
The applicant shall consult with the ~arious utili=y
companies which would provide service to the development
and incorporate energy and water conserving systems and
design features into the project subject to approval of
the Building Official.
2.7
The applicant shall provide written approval from
Great Western Reclamation approving the method of trash
pickup for the project.
Exhibit A - Conditions of Approval
CUP 94-007/DR 93-013
Resolution No. 3289
Page 4
SITE AND
(4) $.1
(4) 3°2
(1) 3.3
(1) 3.4
(4)
(~) ~.S
(4)
(1) 3.6
(1) 3.7
(4)
(1) 3.8
BUILDING CONDITIONS
Window trims and surrounds shall be provided on all
elevations of each plan consistent with the architectural
treatment of the buildings, subject to final approval of
the Community Development Department.
The proposed asphalt composition shingle shall be
replaced with a thick-butt architectural asphalt shingle,
subject to final approval of the Community Development
Department.
Ail dwelling units shall be equipped with a sectional
roll-up garage door and automatic garage door opener.
Provide exact details of all exterior door and window
types, including but not limited to such information as
frame color and glass tint.
Ail exterior colors to be used shall be subject to review
and approval of the Director of the Community Development
Department. All exterior treatments shall be coordinated
with regard to color, materials and detailing and noted
on submitted construction plans and elevations shall
indicate all colors and materials to be used.
Note on final plans that a six-foot high chain linked
fence shall be installed around the site prior to
building construction stages. Gated entrances shall be
permitted along the perimeter of the site for
construction vehicles.
All mechanical and electrical fixtures and equipment
shall be adequately and decoratively screened. The
screen shall be considered as an element of the overall
design of the project and shall blend with the
architectural design of buildings. Ail Telephone and
electrical boxes shall be indicated on the building plans
and shalI be completely screened. Electrical
transformers shall be located toward the interior of the
project maintaining sufficient distance to minimize
visual impacts from Newport Avenue.
Mechanical equipment such as, but not limited to, heater
and filter units, pump units, air conditioning condensers
and similar devices shall be screened from street view
and, where possible, sited in the rear yard areas.
Exhibit A - Conditions of Approval
CUP 94-007/DR 93-013
Resolution No. 3289
Page 5
(1) 3.9
(4)
(1) 3.zo
(4) 3.~1
Exterior elevations of the buildings shall indicate any
fixtures or equipment to be located on the roof of the
building, equipment heights and type of screening.
On-site subdivision walls shall be constructed by
subdivider including property line or common area
dividing fences (between units) within interior of
project. Provide drawings indicating wall materials, cap
and other decorative treatments and color. Interior
property line dividing walls which do not also serve as
perimeter walls for project shall be consistent with main
building treatments. Retaining walls shall have exterior
treatments consistent with other subdivision walls.
Provide wall/fence legend on site plan including
retaining walls.
The perimeter tract wall shall be finished in stucco and
painted compatible with the architecture of the project,
subject to final approval of the Community Development
Department.
LANDSCAPING, GROUNDS AND HARDSCAPE ~T.RMENTE
4.1
Submit at plan check complete detailed landscaping and
irrigation plans for all landscaping areas, including the
model complex, consistent with adopted City of Tustin
Landscaping and Irrigation Submittal Requirements.
Provide summary table identifying plant materials. The
plant table shall list botanical and common names, sizes,
spacing, location and quantity of the plant materials
proposed. Show planting and beaming details, soil
preparation , staking, etc. The irrigation pla~ shall
show location and control of backflow prevention devices,
pipe size, sprinkler type, spacing and coverage. Details
fcr all equipment must be provided. Show all property
lines on the landscaping and irrigation plan, public
right-of-way areas, sidewalk widths, parkway areas, and
wa]! locations. The Community Development Department may
request minor substitutions of plant materials or request
additional sizing or quantity materials during plan
check. Note on landscaping plan that coverage of
landscaping and irrigation materials is subject to field
inspection at project completion by the Department of
Community Development.
Exhibit A - Conditions of Approval
CUP 94-007/DR 93-013
Resolution No. 3289
Page 6
(7) 4.2 The submitted landscaping plans at plan check shall
reflect the following requirements:
ae
Turf is unacceptable for grades over 25%. A
combination of planting materials must be used,
ground cover on large areas alone is not
acceptable.
B. Shrubs shall be a minimum of 5 gallon size and
shall be spaced a minimum of 5 feet on center.
Ground cover shall be planted between 8 to 12
inches on center.
D. Fences, walls and equipment areas, shall be
screened with shrubs and/or vines and trees.
All plant materials shall be installed in a healthy
vigorous condition typical to the species and must
be maintained in a neat and healthy condition.
Maintenance includes but is not limited to
trimming, moving, weeding, removal of litter,
fertilizing, regular watering and replacement of
diseased or dead plants.
Buffer driveway and parking areas with landscaping
berms when possible.
A thickly planted landscape shall be installed
along the edge of the project. Use natural
landscaping and other architectural detailing to
soften their visual appearance.
Major points of entry to the project, courtyards
and pedestrian internal circulation routes shall
receive specimen trees to create an identification
tkeme.
Landscape adjacent to the right-of-way shall be
coordinated with parkway landscaping. Perimeter
walls should be treated with vines in order to
relieve large expanse of walls with greenery and
color. Vines should be informally grouped with
training devices installed.
Provide one tree for every 30 lineal feet along the
north and south side of the subject property.
Exhibit A - Conditions of Approval
CUP 94-007/DR 93-013
Resolution No. 3289
Page 7
(1)
(7)
(4)
(1)
(7)
(4)
(4)
(4)
4.3
4.4
4.5
4.6
(1) 4.?
(1) 4.~
Screening adjacent to roadways, whenever possible, shall
compliment the architecture, color and construction
materials of primary buildings on the site.
Ail walls, fences or landscaping adjacent to streets
should be designed to provide adequate sight distance for
vehicles exiting the tract via the private, streets.
Provide details, colors and materials for all exterior
walkways, stairs and walls. Design interior walkways to
create a pedestrian corridor with accessory landscaping
treatment.
Entryway to the project site should be focal points. In
addition to larger tree treatments these areas should be
provided with a variety of color and treatment of
landscaping as well as an incorporation of special
decorative signage or pavement treatment (i.e., walls,
gates, lighting, etc.)
A complete, detailed project sign program including
design, location, sizes, colors and materials shall be
submitted for review and approval by the Community
Development Department.
The sign program shall include temporary project
identification, addressing and street signs. An
illuminated complex diagram shall be provided on the.
street frontage at the project entrance or adjacent to
the recreation facility. Address ranges shall be
identified at the entrances to each of the motor courts.
All signs shall be in accordance with the City's Security
Code.
~ndicate lighting scheme for project, note locations of
all exterior lights and types of fixtures. Lights to be
installed on buildinqs shall be a decorative design. No
lights shall be permitted which may create any glare or
have a negative impact on adjoining properties. The
location and types of lighting shall be subject to the
approval of the Director of Community Development.
Exhibit A - Conditions of Approval
CUP 94-007/DR 93-013
Resolution No. 3289
Page 8
(5) 4.9
(4)
(1)
Final mailbox design, location and orientation, including
methods to ensure security provisions with locking
devices shall be subject to the review and approval of
the community Development Director. In determining final
location, the Director shall consider the following:
mailboxes shall be located as close as possible to '
a designated parking space;
mailboxes shall not be located within ten (10) feet
of a street/drive intersection, or within ten (10)
feet from the back of curb return; and
the location of mailboxes should encourage people
to walk to their mailboxes.
4.10 Ail wood fences shall be double sided in-detail and the
- posts shall be galvanized steel poles in concrete
footings, subject to final approval of the Community
Development Department.
FEES
5.1
Payment of all fees is required in accordance with
Condition 10.1 through 10.2 of Exhibit A of Planning
Commission Resolution No. 3290.
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RESOLUTION NO. 3290
A RESOLUTION OF THE pLANNING COMMISSION OF THE CITY
OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 14934.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That Vesting Tentative Tract Map No. 14934 was
submitted to the Planning Commission by D&D
Development Company, Inc. for consideration.
Bo
That a public hearing was dulY called, noticed and
held for said map on July 25, 1994, by the Planning
Commission.
Co
That a Negative Declaration has been prepared in
accordance with the provisions of the California
Environmental Quality Act for the subject project.
That the proposed subdivision is in conformance
with the Tustin Area General Plan and Subdivision
Map Act as it pertains to the development of
residential property.
That the project has been reviewed for consistence
with the Air Quality Sub-Element of the City of
Tustin General Plan and has been determined to be
consistent or has been conditioned to be consistent
with the Air Quality Sub-Element.
That Vesting Tentative Tract 14934 would not have
an impact on School District facilities.
That the site is physically suitable for the type
of development proposed.
That the site is physically suitable for the
proposed density of development.
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 kabitat.
Resolution No. 3290
Page 2
Jo
Lo
Ne
That the design of the subdivision or the type of
improvements proposed will not conflict with
easement acquired by the public at large, for
access through or use of the property within the
proposed subdivision.
That the design of the subdivision or the types of
improvements proposed are not likely to cause
serious public health problems.
The proposed project has been reviewed for
conformity with the provisions of the Orange County
Congestion Management Program, and the approval
body has determined that the additional traffic
generated by the proposed project onto the CMP
Highway System does not cause the system to exceed
the established level of service standards.
The proposed project has been determined to be
exempt from the provisions of Measure "M" in that
the additional traffic generated by the proposed
project onto the Arterial Highway System does not
cause the roadway system to exceed the established
level of service standards.
That the dedication of right-of-way along the
Newport Avenue frontage to accommodate the future
realignment of Newport Avenue, as well as access to
the subject property and the property to the north,
and the construction of the cul-de-sac to the
ultimate configuration to the greatest extent
feasible, would reduce traffic and circulation
impacts to an acceptable level. In addition, the
city's agreement to construct future improvements
on Newport Avenue along the project, frontage
associated with the realignment of Newport Avenue
would constitute a "rough proportionate" obligation
the City would have for right-of-way acquJ.sition.
There is a reasonable relationship between %he need
for ~ne dedication add the type of de,~elopment
proposed as the dedication area would provide
direct benefit to the future residents of the
deuelopment by providing access to the p~oject and
mitigating individual and cumulative traffic
impacts that would be created by the development.
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ORDINANCE NO. 1138
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE
94-003 TO CHANGE THE ZONING FROM R-3
(MULTIPLE-FAMILY RESIDENTIAL) TO PC (PLANNED
COMMUNITY - RESIDENTIAL) INCLUDING RELATED
PLANNED COMMUNITY DISTRICT REGULATIONS ON THE
PROPERTY LOCATED AT 14882 - 14942 NEWPORT
AVENUE AND DESCRIBED AS ASSESSOR'S PARCEL NO.
432-011-21
The City Council of the City of Tustin does hereby ordain
as follows:
I. The City Council finds and determines as follows:
That an application has been filed by D&D
Development Company, Inc. requesting approval
of Zone Change 94-003 to change the zoning
from R-3 (Multiple-Family Residential) to PC
(Planned Community - Residential) including
related Planned Community District Regulations
on the property located at 14882 - 14942
Newport Avenue and described as Assessor's
Parcel No. 432-011-21.
That a public hearing was duly noticed, called
and held on said application on July 25, 1994
by the Planning Commission and on August 15,
1994 by the City Council.
That a Negative Declaration has been prepared
in accordance with the provisions of the
California Environmental Quality Act for the
subject project.
Proposed Zone Change 94-003 would provide for
a single-family detached dwelling unit project
which is presently limited in the southwest
portion of the City.
Proposed Zone Change 94-003 would be
consistent with all elements of the General
Plan, particularly the Land Use and Housing
Elements with placement and encouragement of
owner occupied dwellings.
That the project has 'been reviewed for
consistence with the Air Quality Sub-Element
of the City of Tustin General Plan and has
been determined to be consistent or has been
conditioned to be consistent with the Air
Quality Sub-Element.
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Ordinance No.1138
Page 2
Proposed Zone Change 94-003 would not be
detrimental to the public health, safety and
general welfare in that the zone change would
accommodate the demolition of an existing 296
unit apartment complex which has been vacant
since October of 1990 and has created a blight
on the neighborhood and contributed to an
increase in local crime, drug abuse and
vandalism.
II.
The City Council hereby approves Zone Change 94-
003, to change the zoning from R-3 (Multiple-Family
Residential) to PC (Planned Community -
Residential) and adopts related Planned Community
District Regulations on the property located at
14882 - 14942 Newport Avenue and described as
Assessor's Parcel No. 432-011-21 as shown in
Exhibit A and the Planned Community District
Regulations contained in Exhibit B attached hereto.
PASSED AND ADOPTED by the City Council of the City of
Tustin at a regular meeting held on the 15th day of
August, 1994.
THOMAS R. SALTARELLI
Mayor
F~%RY E. WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO. 1138
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and
foregoing Ordinance No. 1138 was duly and regularly
introduced, passed, and adopted at a regular meeting of
the Tustin City Council, held on the 15th day of August,
1994.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
MARY E. WYNN
City Clerk
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Resolution No. 3290
Page 3
II.
The Planning Commission hereby recommends to the City
Council approval of Vesting Tentative Tract Map No.
14934, subject to the conditions contained in Exhibit A
attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 25th day of July, 1994.
Chairperson
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3290 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 25th day of July, 1994.
Recording Secretary
EXHIBIT A
VESTING TENTATIVE TRACT MAP 14934
RESOLUTION NO. 3290
CONDITIONS OF APPROVAL
(2)
(3)
(5)
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
1.1
Prior to recordation of final map, the Subdivider shall
prepare plans for and construction or post security
guaranteeing construction of all public and/or private,
infrastructure improvements within the boundary of said
tract map, with the exception of ultimate street
improvements along Newport Avenue, in conformance with
applicable City standards, including but not limited to
the following:
A. Curb and gutter/cross gutters.
B. Sidewalks including access facilities for
physically handicapped persons.
Drive aprons/approach
Street paving
Street signing and paving
Street trees
Sanitary sewer facilities
Domestic water facilities
Storm drain connection
Undergrounding of existing and
distribution lines
Lot monumentation
Fire hydrants
Ce
D.
E.
F.
G.
H.
I.
J.
proposed utility
Construction of the entrance cul-de-sac will be required
at this time with an interim connection to the existing
alignment of New,port Avenue. The design of this cul-de-
sac shall accommodate to the greatest extent feasible the
future alignment of Newport Avenue in order to minimize
reconstruction at a future date.
The amount of acceptable security for construction of
public improvements shall be reviewed and approved by the
Public Works Department. The amount and acceptable
security for private improvements shall De reviewed and
approved by the Building Official.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibi~ A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 2
(~) ~.2
All construction within a public right-of-way and/or
public easement must be shown on a separate 24" x 36"
plan as prepared by a California Registered Engineer with
all construction referenced to applicable City or County
standard drawing numbers.
(1)
Ail changes in existing curbs, gutters, sidewalks and
other public improvements shall be the responsibility of
subdivider.
(1) %.4 Preparation of plans for and construction of:
Ail sanitary sewer facilities must be submitted as
required by the City Engineer and local sewering
agency. These facilities shall include a gravity
flow system per standards of the Orange County
Sanitation District.
A domestic water system must be to the standards of
the City of Tustin Water Service. Improvement
plans shall also be reviewed and approved by the
Orange County Fire Department for fire protection
purposes. The adequacy and reliability of water
system design and the distribution of fire hydrants
will be evaluated. The water distribution system
and appurtenances shall also conform to the
applicable laws and adopted regulations enforced by
the Orange County Health Department. Any required
reclaimed water systems shall be to the standards
as required by the City of Tustin Water Service.
Sewer and water facilities shall be clearly
indicated as private improvements. Maintenance
access to sewer and'"water facilities shall be the
responsibility of the property owner and
accommodations for such access shall be established
prior to building permit issuance.
(1)
(5)
(6)
%.5 Proposed streets shall be designed to the following
specifications:
All proposed streets shall be designed in
substantially the same width and alignment as shown
on the approved vesting tentative map unless
modified and approved by the Directors of Community
Development and Public Works,
Ail streets and drives shall be constructed in
accordance with City requirements in terms of type
and quality of material used.
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 3
(1) :..6
(6)
(5) ~.7
(5) :..9
Sidewalk areas shall flare around the placement of
all above ground facilities, such as signing,
street lights and fire hydrants unless located
outside of sidewalk widths within public utility
easement areas.
De
The right-of-way line shall be located 10' behind
the curb face around the entire cul-de-sac pursuant
to the City of Tustin local street standard.
Se
A minimum 5 foot wide utility clear sidewalk will
be required along the southerly side of the interim
improvements from the existing sidewalk along
Newport Avenue to the on-site sidewalk adjacent to
Lot AF.
On-site private streets and drives, storm drain, water
and sewer improvement plans shall comply with the "City
of Tustin Minimum Design Standards for On-Site Street and
Storm Drain Improvements" except as modified by the
Building Official.
A 24" x 36" reproducible work area traffic control plan
prepared by a California Registered Traffic Engineer
shall be provided prior to permit issuance.
A complete hydrology study and hydraulic calculations
shall be submitted for review and approval prior to
permit issuance.
In addition to the normal full size plan submittal
process, all final plans for tract maps, right-of-way
maps, records of survey, and public works improvements
~re 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.
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 4
(1) s.so
(1) ~.~
(5)
(7) ~.~3
As an option, the applicant may submit manually prepared
plans and in lieu of CADD files, pay a "processing fee"
to the City to have the drawings converted into CADD
format. This fee will cover the City's costs to transfer
the information from the above noted plans to CADD so
that it can be integrated into the City's infrastructure
base map. The processing fee will be determined on a
case by case basis after the plans have been submitted
for review.
Ail utilities exclusively serving the site shall be
undergrounded.
On-street
once the
installed.
parking on Newport Avenue will be prohibited
ultimate future improvements have been
The applicant shall be required to obtain all applicable
approvals and permits from the Orange County Flood
Control District for connection to the existing flood
control channel.
Vehicular and pedestrian access to the Carfax Drive cul-
de-sac shall be limited to emergency access only except
as herein provided. Pedestrian access to the Carfax
Drive cul-de-sac shall be eliminated from the proposed
plans. All access and gate details shall be subject to
final review and approval of the Orange County Fire
Department and the Community Development Department. In
the event approval from the School District can be
obtained, the Community Development Department shall be
authorized to approve pedestrian access across School
District property to Service Road.
Full vehicular and pedestrian access shall be permitted
to the Carfax Drive cul-de-sac only during the period of
construction related to the realignment of Newport Avenue
as de~ermined by the Public Works and Community
Development Departments. No construction vehicles shall
be permitted through the Carfax Drive cul-de-sac access
at any time. The Public Works and Community Development
Departments shall coordinate with adjacent home owners to
ensure the least disruption to their neighborhood during
this period of construction.
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 5
(1)
(2)
(5)
(6)
(1)
(2)
(5)
(6)
(1)
(2)
(5)
(6)
(2)
(5)
DEDICATIONS/RESERVATIONS/EASEMENTS
The subdivider shall satisfy dedication and/or
reservation requirements as applicable, including but not
limited to dedication of all required street and flood
control right-of-way easements as identified on the
subject tentative tract map and as conditioned in this
Exhibit, vehicular access rights, sewer easements and
water easements defined and approved as to specific
location by the City Engineer and other reasonable
agencies.
2.2
Street right-of-way shall be dedicated to the City along
Newport Avenue to accommodate the ultimate street width,
alignment and area of Newport Avenue along with slope
maintenance easements adjacent to this development.
Subject to Redevelopment Agency approval, staff will
recommend to the Agency that the applicant enter into a
reimbursement agreement with an incentive payment for
provisions of affordable housing under the terms of
Redevelopment Law. The City's provisions of future
improvements along Newport Avenue will constitute any
"rough proportionate" obligation the City would have for
right-of-way acquisition along Newport Avenue. The
traffic and circulation impacts discussed on pages 6
through 9 in the July 25, 1994 Staff Report to the
Planning Commission are incorporated herein by reference.
Street right-of-way shall be dedicated to the City for
the cul-de-sac into this development from the existing
alignment as well as the proposed alignment of Newport
Avenue including accommodating public access into the
adjacent property to the north. This dedication
requirement would constitute a "rough propcrtionate"
obligation as this cul-de-sac would serve as the primary
access point to the development. The ~raffic and
circulation impacts discussed on pages 6 through 9 ill the
July 25, 1994 Staff Report to the Planning Commission are
incorporated herein by reference.
2.4
The right-of-way line shall be located ten (10) feet
behind the curb face around the entire cul-de-sac on
Newport Avenue, except behind the entry island which
shall be five (5) feet behind the curb face.
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 6
(2)
(5)
(5)
(~)
(2)
(6)
2.5 The developer shall also be required to enter into an
agreement with the City for the landscape and maintenance
of the dedication areas along Newport Avenue until
Newport Avenue is realigned.
Z.6 Ail dedications shall also state that the City of Tustin
shall be permitted to obtain, at no cost, a right-of-
entry for all on-site joins when the ultimate street
improvements are constructed. The right-of-entry shall
terminate on the date that the Notice of Completion is
recorded at the Orange County Recorder's office.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAx
3.1 Prior to recordation of the final map, subdivider shall
post with the Community Development Department a minimum
$2,500 cash deposit or letter of credit to guarantee the
sweeping of streets and clean-up of streets affected by
construction activities. In the event this deposit is
depleted prior to completion of development or City
appearance of public streets, an additional incremental
deposit will be required.
(1) $.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.
(i)
(2)
(6)
GRADING G~NERAL
4.1
Prior to issuance of grading permits:
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.
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 7
Preparation and submittal of 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.
All recommendations submitted by geotechnical
or soils engineer and specifically approved by
them.
Compliance with conceptual grading shown on
tentative tract map.
A drainage plan and necessary support
documents such as hydrology calculations to
comply with the following requirements:
do
Provision of drainage facilities to
remove any flood hazard to the
satisfaction of the city Engineer which
will allow building pads to be safe from
inundation from rain fall which may be
expected from all storms up to and
including the theoretical 100 year storm
and dedication of any necessary easements
on the final map as required.
Elimination of any sheet flow and ponding
across lot lines.
Provision of drainage facilities to
protect the lots from any high velocity
scouring action.
Provision for tributary drainage from
adjoining properties.
5. Ail f!oe~ hazard areas of record.
A note shall be placed on the grading plan
requiring Community Development Department
approval of rough grading prior to final
clearance for foundations. The Departmemt
will inspect the site for accuracy of
elevations, slope gradients, etc. and may
require certification of any grading related
matter.
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 8
7.
(1)
(3)
(5)
(5)
4.Z
Note on plans that a qualified paleontologist/
archeologist, as appropriate, shall be present
during rough grading operations. If resources
are found, work shall stop in the affected
area and all resources shall be excavated or
preserved as deemed appropriate or as
recommended by the paleontologist/archeologist
subject to review and approval by the
Department of Public Works and Community
Development. All "finds" shall be reported
immediately to the Department of Community
Development. The paleontologist/archeologist
shall attend the pregrade construction meeting
to ensure that this condition and necessary
procedures in the event of a "find" are
explained.
Preparation of a sedimentation and erosion
control plan for all construction work related
to the subject tract including a method of
control to prevent: dust and windblown earth
problems.
Ail earthwork shall be performed in accordance with the
City of Tustin Municipal Codes and grading requirements.
FIRE DEPARTMENT
Prior 'to the recordation of a final tract map, water
improvement plans shall be submitted to and approved by
the Fire Chief to ensure adequate fire protection and
financial security is posted for the installation. The
water system design, location of valves, and the
distribution for the fire hydrants will be evaluated and
approved by the Chief.
5.2
Pricr to the issuance of any building permits for
combustJ.ble construction, a letter and plan from the
developer snall be submitted to and approved by the Fire
Chief. This letter and plan shall state tha~ water for
fire fighting purposes and an all weather fire access
roads shall be in place before any combustible materials
are placed on the site.
Exhibit A
VTT 14934
Reso. No.
Page 9
Conditions
3290
of Approval
(5) 5.3
(5) $.4
(5) s.s
(5) 5.6
(5)
Prior to the issuance of any certificates of use and
occupancy, all fire hydrants shall have a "Blue
Reflective Pavement Marker" indicating its location on
the street or drive per the Orange County Fire Department
Standard. On private property these markers are to be
maintained in good condition by the. property owner.
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. All proposed fire
apparatus turnarounds shall be clearly marked. In
addition, all enhanced paving shall be built to withstand
the weight of 68,000 lbs.
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. Indicate
the locations of red curbing and signage. Provide a
drawing of the proposed signage with the height, stroke
and color of lettering and the contrasting background
color. The CC&R's shall contain a fire lane map and
provisions which prohibit parking in the fire lanes, a
method of enforcement shall be included.
Prior to the issuance of any building permits,
construction details for any emergency access gate shall
be submitted to and approved by the Fire Chief. Contact
the Orange County Fire Department at (714) 744-6623 for
a copy of the "Guidelines for Fire Department Emergency
Access." Increase the gate width from 12 feet to 13 feet
at the entrance. The exit gate shall comply with
requirement fcr turning clearances.
Prior to the recordation of a final tract map, all fire
protection access easements shall be approved by the Fire
Chief and dedicated to the appropriate county/city. The
CC&R's shall contain provision which prohibit
obstructions within the fire protection access easements.
Fire Chief approval shall be required for any
modifications such as speed bumps, control gates or
changes in parking plan within said easement.
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 10
NOISE
(~)
(3)
(1)
(~)
(3)
Prior to issuance of any Certificates of Use or
Occupancy, field testing in accordance with the Title 25
regulations may be required by the Building Official to
verify compliance with STC and IIC design standards.
6.2
Ail construction operations including engine warm up
shall be subject to the provisions of the City of Tustin
Noise Ordinance and shall take place only during the
hours of 7:00 a.m. until 6:00 p.m., Monday through Friday
unless the Building Official determines that said
activity will be in substantial conformance with the
Noise Ordinance and the public health and safety will not
be impaired subject to application being made at the time
the permit for the work is awarded or during progress of
the work.
CC&R'S
7.1
Prior to approval of the final map, all organizational
documents for the project including any deed
restrictions, covenants, conditions, and restrictions
shall be submitted to and approved by the Community
Development Department and City Attorney's Office. Costs
for such review shall be borne by the subdivider. A copy
of the final documents shall be submitted to the
Community Development Department after their recordation.
CC&R's shall include but not be limited to the following
provisions:
Since the City is interested in protecting the
public health and safety and ensuring the quality
and maintenance of common areas under control of a
Homeowner's Association, the City shall be included
as a party to the CC&R's for enforcement purposes
of those CC&R provisions in which the City has
interest, as reflected by the following B through
Q. However, the City shall not be obligated to
enforce the CC&R~s.
The requirement
established.
that association bylaws be
Exhibit A
VTT 14934
Reso. No.
Page 11
- Conditions
3290
of Approval
Provisions for effective establishment, operation,
management, use, repair and maintenance of all
common areas and facilities including landscaped
areas and lots, walls and fences and paseos.
Membership in any Homeowner's Association shall be
inseparable from ownership in individual dwelling
units.
Architectural controls shall be provided and may
include but not be limited to provisions regulating
exterior finishes, roof materials, fences and
walls, accessory structures such as patios,
sunshades, trellises, gazebos, awnings, room
additions, exterior mechanical equipment,
television and radio antenna.
Maintenance standards shall be provided for
applicable items listed in Section C above in
CC&R's. Examples of maintenance standards are
shown below:
Ail common area landscaping and private lawn
areas visible from any public way shall be
properly maintained such that they are evenly
cut, evenly edged, free of bare or brown
spots, free of debris and free of weeds above
the level of the lawn. All planted areas
other than lawns shall be free of weeds, dead
vegetation and debris. All trees and shrubs
shall be trimmed so they do not impede
pedestrian traffic along the walkways. Trees
shall be pruned so they do not intrude into
neighboring property and skall be maintained
so they do not have droppings or create other
nuisances to neighboring property. All trees
shall also be root pruned to eliminate exposed
surface roots and damage to sidewalks,
driveways and structures.
(2)
Common areas shall be maintained in such a
manner as to avoid the reasonable
determination of a duly authorized official of
the City that a public nuisance has been
created by the absence of adequate maintenance
such as to be detrimental to public health,
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 12
safety, or general welfare, or that such a
condition of deterioration or disrepair cause
harm or is materially detrimental to property
values or improvements within the boundaries
of the subdivision and Homeowner's
Association, to surrounding property, or to
property or improvements within three hundred
(300) feet of the property may also be added
as alternative language.
Homeowner's Association approval of exterior
improvements requiring a building permit shall be
obtained prior to requesting a building permit from
the City of Tustin Community Development
Department. All plans for exterior improvements
shall conform to requirements set forth by the City
and the CC&R's. All plans submitted to the City
shall bear the Association's stamp and authorized
signature of approval.
Residents shall not store or park any non-motorized
vehicles, trailers or motorized vehicles that
exceed 7 feet high, 7 feet wide and 19 feet 10ng in
any parking or driveway area except for purpose of
loading, unloading, making deliveries or emergency
repairs except that the Homeowner's Association may
adopt rules and regulations to authorize
exceptions.
Ail utility services serving the site shall be
installed and maintained underground.
The Association shall be required to file the
names, addresses, and telephone numbers of at least
one member of the Association Boa!d and where
applicable, a Manager of the project before January
1st of each year with the City of Tustin Community
Development Department for the purpose of
contacting the association in the case of emergency
or in those cases where the city has an interest in
CC&R violations.
Disclosure information related to aircraft noise
impacting the subdivision, as approved by the City
of Tustin Community Development Department.
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 13
Lo
Oo
Perimeter project block walls to be constructed on
private property shall be maintained and replaced,
if necessary by a Homeowner's Association. This
shall not preclude a Homeowner's Association from
assessing charges to individual property owners for
structural damage to the wall or fence.
No amendment to alter, modify, terminate or change
the Homeowner's Association's obligation to
maintain the common areas and the project perimeter
wall or other CC&R provisions in which the City has
an interest, as noted above, or to alter, modify,
terminate or change the City's right to enforce
maintenance of the common areas and maintenance of
the project perimeter wall, shall be effective
without the prior written approval of the City of
Tustin Community Development Department.
Maintenance of all manufactured slopes on
individual lots shall be the responsibility of the
individual property owners.
The Homeowners, Association is responsible for
monitoring and enforcing any and all parking and
traffic regulations on private streets. The
project CC&R's shall include provisions to require
the Association, to develop and enact an
enforcement program related to enforcement of
parking and traffic regulations within the private
development. Said program may include provisions
for levying fines, collecting fines and
enforcement/monitoring by private security
companies/persons.
To ensure the proper us
the subdivision, CC&R's
acknowledgements and re:
be signed as a s~
acknowledgement, by ei
subdivision:
Project has .5
individual owners
guest spaces for a
of parkin~ spaces within
shall include the following
trictions, which shall also
parate notification and
ch new homeowner in the
guest spaces per unit;
~hall have no right to use
~y vehicle.
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 14
(~)
(2)
HOMEBUYER
8.1
3e
Individual owners shall park vehicles in
garage spaces provided vehicles do not
overhang the public or private right-of-way or
sidewalk easements.
Individual owner understands that the
subdivision has strict parking regulations
that will be enforced by the homeowner,s
association.
Should an individual owner own more than two
vehicles, additional vehicles shall be kept
outside of the subdivision boundaries.
Se
On-street parking on Newport Avenue will be
prohibited once the ultimate future
improvements have been installed.
Prior to implementation of such a program, copies
of the approved HOA program shall be forwarded to
the City of Tustin Police Department and Community
Development Department for review and approval.
The Police Department and Community Development
Department shall also be provided with any
amendments or modifications to the program. All
parking regulations shall be enforced at time of
final occupancy of any phase of the project.
NOTIFICATION
Prior to issuance of Certificate of Occupancy:
ae
A document separate from the deed, which will be an
information notice to future homebuyers of noise
impacting the subdivision from John Wayne Airport,
Newport Avenue (existing and future) and the AT&SF
railroad, shall be recorded. The notice shall
further indicate that additional building upgrades
may be necessary for noise attenuation. This
determination to be made as architectural drawings
become available and/o~ where field testing
determines inadequate noise insulation.
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 15
De
The Subdivider shall submit for review and approval
of content by the Director of Community
Development, a copy of sales literature for the
residential project with the approved
aircraft/helicopter noise statement and the
approved schools notification statement, printed on
it. Any changes to the sales literature after
initial City approval shall be submitted to the
Director of Community Development for approval.
The subdivider shall provide the City with a copy
of the approved aircraft noise statement which
shall contain a disclosure document on John Wayne
Airport aircraft noise. Said document must be
signed by each tenant/homeowner prior to occupancy
of any unit. The content of the statement shall be
approved by the Director of Community Development
prior to circulation.
The developer shall provide the City with a schools
notification statement which shall be reviewed and
approved by the Director of community Development
and participation by the governing school district
which shall indicate:
(1)
The location of existing and proposed
elementary, middle and high schools which will
serve the subdivision (text and map).
(2) Advice to homebuyers that proposed school
sites may never be constructed.
The Subdivider shall provide the City with a
statement, signed by each homebuyer, containing a
comprehensive description of all private and public
improvements and developments adjacent or in close
proximity to the proposed development.
The subdivider shall provide the City with a copy
of disclosure document related to the future
construction and realignment of Newport Avenue
including the fact that residents would experience
short term noise, traffic and access impacts to the
development. Said document must be signed by each
homeowner prior to occupancy of any unit. The
content of the statement shall be approved by the
- of Approval
Exhibit A - Conditions
VTT 14934
Reso. No. 3290
Page 16
(2)
Director of Community Development prior to
circulation.
Go
The subdivider shall provide the City with a copy
of disclosure document indicating that on-street
parking on Newport Avenue will be prohibited once
the ultimate future improvements have been
installed. The document shall also indicate that
the landscape treatment and setback provided along
Newport Avenue would be significantly altered,
including adjustments to finish grade contours and
slopes, once the ultimate future improvements have
been installed. Said document must be signed by
each homeowner prior to occupancy of any unit. The
content of the statement shall be approved by the
Director of Community Development prior to
circulation.
.AFFORDABLE HOUSING
9.1 The applicant shall prepare an affordable housing program
in compliance with applicable provisions of California
Community Redevelopment Law. A total of 21 units
developed (15%) must be affordable to low and moderate
income persons and households. Of those 21 units, 8
units (40% of affordable units which equals 6% of total
project) must be affordable to very low income
households. Affordable expense is defined to include
principal and interest, insurance, taxes, utilities and
association fees. California Administrative Code Title
25 Section 6920 adds several other expense items to the
definition of homeowner expenses. These include ground
lease fees (if any) and property maintenance fees in
addition to those paid through association dues.
Affordable monthly housin~ cost shall be defined as 30%
of gross annual income for households earning up to 100%
of area median. For households earning between 100% and
120% of median income, Redevelopment Law defines housing
expense at no more than 25% of gross income. In any
event, the most current standards as defined by
Redevelopment Law shall prevail.
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 17
*** 9.2
(2)
(2)
The units must remain affordable for the longest time
feasible, but for not less than the period of the land
use controls established in the Redevelopment Plan.
Selected dwelling units to satisfy affordable
requirements shall be dispersed throughout the
development so as to not concentrate the selected units
in any one portion of the project based on Policy 1.4 of
the General Plan Housing Element. Provisions shall be
made in the CC&R's for the development and separate deed
restrictions recorded on each selected property
identifying the affordable housing program.
9.3
The latest available State Department of Housing and
Community Development (HCD) figures shall be used at the
time building permits are issued for each affordable unit
to determine Very Low Income (50% of median), Low Income
(80% of median) and Moderate Income (120% of median)
requirements. These figures may vary depending upon
household size and adjustments to reflect the change in
median income over time. Based upon published HCD
figures as of June 1994, the median income for a family
of four in Orange County is $58,800. Based upon the
median income, the affordable units would need to
affordable to those households of four with the incomes
as follows:
Moderate Income
(120% of median)
$70,560
Low Income
(80% of median)
$47,040
Very Low Income
~50~ of median)
$39,900
FEES
(1) 10.1 Prior to issuance of any building permits, payment shall
(3) be made of all required fees including, but not limited
(5) to:
ao
Major thoroughfare and bridge fees to Tustin Public
Works Department, as applicable.
Sanitary sewer connection fee to Orange County
Sanitation District No. 7, as applicable.
Exhibit A - Conditions of Approval
VTT 14934
Reso. No. 3290
Page 18
,,5)
Grading plan checks and permit fees to the
Community Development Department.
Ail applicable Building plan check and permit fees
to the Community Development Department.
Zo
New development fees to the Community Development
Department, as applicable.
Go
School facilities fee to the Tustin Unified School
District subject to any agreement reached and
executed between the District and the applicant.
In lieu park land dedication fees to the City.
Within forty-eight (48) hours of approval of the
subject project, the applicant shall deliver to the
Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of $25.00
(twenty-five dollars) to enable the City to file
with the County Clerk, the Notice of Determination
pursuant .to the California Environmental Quality
Act. 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.
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 CLERR in the amount of $1,2'75 (one
thousand two hundred seventy five dollars) pursuant
to AB 3158, Chapter 1706, Statutes of 1990. If
this fee is imposed, the subject project shall ~ot
be operative, vested or final unless and until the
fee is paid.
Prior to recordation of the final map, the subdivider
shall provide executed subdivision/monumentation
agreements and furnish improvement/monumentation bonds as
required by the City Engineer.
Exhibit A - Conditions of Approval
VTT 14934
Re$o. No. 3290
Page 19
GENERAL
(1)
(1) zx.z
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.
Prior to occupancy of any buildings, the Subdivider shall
record a final map in conformance with appropriate
tentative map.
(1) ~.3 Prior to final map approval.
(1) ~.4
*** 11.5
A. Subdivider shall submit a current title report.
Be
Subdivider shall submit a duplicate mylar of the
Final Map, or 8 1/2 inch by 11 inch transparency of
each map sheet prior to final map approval and "as
built" grading, landscape and improvement plans
prior to Certificate of Acceptance.
Subdivider shall conform to all applicable requirements
of the State Subdivision Map Act and the City's
Subdivision Ordinance.
Prior to release of building permits, all conditions of
approval of Conditional Use Permit 94-007 and Design
Review 94-013 of the subject project shall be complied
with or incorporated into applicable working drawings as
shown on Exhibit A attached to Resolution No. 3289
incorporated herein by reference.
Approval of Vesting Tentative Tract Map 14934 is subject
to City Council apprcva! of Zone Change 94-003. Should
the City Council not approve the Zone Change, the subject
Vesting Tentative'Tract Map shall become null and void.
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RESOLUTION NO. 3291
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF ZONE CHANGE 94-
004 TO CHANGE THE ZONING FROM R-3 (MULTIPLE-
FAMILY RESIDENTIAL) TO PC (PLANNED COM/~TJNITY -
RESIDENTIAL) INCLUDING RELATED PLANNED
COMMUNITY DISTRICT REGULATIONS ON THE PROPERTY
LOCATED AT 14882 - 14942 NEWPORT AVENUE AND
DESCRIBED AS ASSESSOR'S PARCEL NO. 432-011-21
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning commission finds and determines as
follows:
ae
That an application has been filed by D&D
Development Company, Inc. requesting approval
of Zone Change 94-003 to change the zoning
from R-3 (Multiple-Family Residential) to PC
(Planned Community - Residential) including
related Planned Community District Regulations
on the property located at 14882 14942
Newport Avenue and described as Assessor's
Parcel No. 432-011-21.
Be
That a public hearing was duly noticed, called
and held on said application on July 25, 1994,
by the Planning Commission.
That a Negative Declaration has been prepared
in accordance with the provisions of the
California Environmental Quality Act for the
subject project.
Proposed Zone Change 94-003 would provide for
a single-family detached dwelling unit project
which is presently limited in the southwest
portion of the City.
Eo
Proposed Zone Change 94-003 would be
consistent with all elements of the General
Plan, particularly ~he Land Use and Housing
Elements with placement and encouragement of
owner occupied dwellings.
Resolution No.3291
Page 2
Fo
That the project has been reviewed for
consistence with the Air Quality Sub-Element
of the City of Tustin General Plan and has
been determined to be consistent or has been
conditioned to be consistent with the Air
Quality Sub-Element.
Proposed Zone Change 94-003 would not be
detrimental to the public health, safety and
general welfare in that the zone change would
acco~modate the demolition of an existing 296
unit apartment complex which has been vacant
since October of 1990 and has created a blight
on the neighborhood and contributed to an
increase~~ in local crime, drug abuse and
vandalism.
II.
The Planning Commission hereby recomamends to the
City Council approval of Zone Change 94-003, to
change the zoning from R-3 (Multiple-Family
Residential) to PC (Planned Community -
Residential) and adopts related Planned Coma~unity
District Regulations on the property located at
14882 - 14942 Newport Avenue and described as
Assessor's Parcel No. 432-011-21 as shown in
Exhibit A and the Planned Community District
Regulations contained in Exhibit B attached hereto.
PASSED A/qD ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 25th day of
July 1994.
Recording Secretary
KATHY WEI~
Chairperson
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Resolution No.3291
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES the undersigned, hereby certify that I
am the Recording Secretary of the Planning Commission of
the City of Tustin, California; that Resolution No. 3291
was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 25th day of July,
1994.
Recording Secretary
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RESOLUTION NO. 3291
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF ZONE CHANGE 94-
004 TO CHANGE THE ZONING FROM R-3 (MULTIPLE-
FAMILY RESIDENTIAL) TO PC (PLANNED COMMUNITY -
RESIDENTIAL) INCLUDING RELATED PLANNED
COMMUNITY DISTRICT REGULATIONS ON THE PROPERTY
LOCATED AT 14882 - 14942 NEWPORT AVENUE AND
DESCRIBED AS ASSESSOR'S PARCEL NO. 432-011-21
The Planning Commission of the city of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as
follows:
ao
Bo
Ce
That an application has been filed by D&D
Development Company, Inc. requesting approval
of Zone Change 94-003 to change the zoning
from R-3 (Multiple-Family Residential) to PC
(Planned community - Residential) including
related Planned Community District Regulations
on the property located at 14882 - 14942
Newport Avenue and described as Assessor's
Parcel No. 432-011-21.
That a public hearing was duly noticed, called
and held on said application on July 25, 1994,
by the Planning Commission.
That a Negative Declaration has been prepared
in accordance with the provisions of the
California Environmental Quality Act for the
subject project.
Proposed Zone Change 94-003 would provide for
a single-family detached dwelling unit project
which is presently limited in the southwest
portion of the City.
Proposed Zone Change 94-003 would be
consistent with all elements of the General
Plan, particularly the Land Use and Housing
Elements with placement and encouragement of
owner occupied dwellings.
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Resolution No. 3291
Page 2
That the project has been reviewed for
consistence with the Air Quality Sub-Element
of the City of Tustin General Plan and has
been determined to be consistent or has been
conditioned to be consistent with the Air
Quality Sub-Element.
Proposed Zone Change 94-003 would not be
detrimental to the public health, safety and
general welfare in that the zone change would
accommodate the demolition of an existing 296
unit apartment complex which has been vacant
since October of 1990 and has created a blight
on the neighborhood and contributed to an
increase in local crime, drug abuse and
vandalism.
II.
The Planning Commission hereby recommends to the
City Council approval of Zone Change 94-003, to
change the zoning from R-3 (Multiple-Family
Residential) to PC (Planned Community -
Residential) and adopts related Planned Community
District Regulations on the property located at
14882 - 14942 Newport Avenue and described as
Assessor's Parcel No. 432-011-21 as shown in
Exhibit A and the Planned Community District
Regulations contained in Exhibit B attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 25th day of
July 1994.
Recording Secretary
Chairperson
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Resolution No.3291
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES the undersigned, hereby certify that I
am the Recording Secretary of the Planning Commission of
the City of Tustin, California; that Resolution No. 3291
was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 25th day of July,
1994.
Recording Secretary
EXHIBIT A
ZONE CHANGE 94-003
Z
14742
14772
SYCAMORE
PROJECT
SITE
EXISTING ZONING: R-3 (MULTIPLE-FAMILY RESIDENTIAL)
PROPOSED ZONING: PC (PLANNED COMMUNITY - RESIDENTIAL)
14882 - 14942 NEWPORT AVENUE
A.P. #: 432-011-21
RENAISSANCE
PLANNED COMMUNITY DISTRICT REGULATIONS
Prepared by:
CITY OF TUST.rN
COMMUNITY DEVELOPMEI'ffT DEPARTMENT
300 Centennial Way
Tustin, CA 92680
(714) 573-3105
Adopted by the Tustin City Council
Ordinance No.
August ,1994
EXHIBIT B
RENAISSANCE
PLANNED COFfMUNITY DISTRICT REGUALTIONS
TABLE OF CONTENTS
Page
1.0 INTRODUCTION
2.0 STATISTICAL SUMMARY
3.0 LAND USE REGULATIONS
3.1 Purpose & Intent
3.2 Permitted & Conditionally Permitted Uses
3.3 Temporary Uses
3.4 Unlisted Uses
3.5 General Development Standards
4.0 IMPLEMENTATION/ADMINISTRATION
4.1 Responsibility
4.2 Interpretations
4.3 Subdivisions
4.4 Variances, Conditional Use Permits, Use
Determinations and Other Discretionary
Actions
4.5 Amendment to District Regulations
4.6 Enforcement
4.7 Housing Program
4.8 Severability Clause
DF :TTl&93~, .RE(;
Number
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1.0 INTRODUCTION
The regulations set forth in this set of District Regulations for
the Renaissance Planned Community have been established to satisfy
the Planned Community District requirements of the Tustin City Code
and to provide diversification among the relationships of uses,
buildings, and structures in planned building groups. The
application of these regulations is specifically intended to
encourage the appropriate use of land and create a harmonious
residential development to protect the health, safety and general
welfare of the community and provide the flexibility needed to
create a quality environment.
Development within the Renaissance Planned Community shall occur
pursuant to these Planned Community District Regulations.
2.0 STATISTICAL SUMMARY
The Renaissance Planned Community is approximately 10.14 acres in
size-and includes 145 single-family detached dwellings. The
conceptual site plan for the development is shown in Exhibit 1.
Th~ initial development includes a total of three different floor
plans which are as follows:
Lot Size Unit Size Bedrooms Baths Careges
· (Approx.) (Approxo)
PLan 1 1,705 s.f. 1,156 s.f. 2+Loft or 3 2.5 2 Car EncLosed
PLan 2 1,870 s.f. 1,267 s.f. 2+den or 3 2.5 2 Car EncLosed
PLan ~ 2,200 s.f. 1,552 s.f. 3*Loft or ~ 2.5 2 Car EncLosed
It is recognized that the above figures are approximate and are
subject to change during the development of the construction
drawings. In addition, as the development matures, homeowners may
choose to modify their individual homes with respect to items such
as total square footage and room counts which would also effect
these figures. No changes to this Section of the District
Regulations would be required with respect to future changes and
adjustments to the development. However, any new construction,
alterations or modifications to the development or individual
properties would need to comply with all applicable provisions
contained in Sections 3.0 and 4.0 of these District Regulations.
Renaissance Planned Community District Regulations 1
..- EXHIBIT I
3.0 LAND USE REGULATIONS
The land uses and development standards within this Section act as
a principal part of the controlling mechanism for implementation of
the Planned Community District designation for this development.
Standards set forth in this Section will ensure that future
development within the Renaissance Planned Community as the
community matures proceeds in a consistent and appropriate manner.
3.1 Purpose & Intent
The Renaissance Planned Community is intended to provide small
lot, single-family detached dwellings situated on private
streets and drives. The development includes common
recreation facilities for the enjoyment of all residents. A
Homeowners Association will be created to ensure adequate
maintenance and management of the development and common area
amenities. The Renaissance Planned Community is located
within the City's South/Central Redevelopment Project Area and
would offer new ownership housing opportunities and eliminate
a blighted condition within this portion of the City.
3.2 Permitted & Conditionally Permitted Uses
Ail uses identified in the R-1 District of the Tustin City
Code as permitted uses shall be permitted by right within the
Renaissance Planned Community. All uses identified in the R-1
District of the Tustin City Code as conditionally permitted
shall be allowed, subject to the approval of a Conditional Use
Permit, within the Renaissance Planned Community.
3.3 Temporary Uses
Temporary uses shall be regulated pursuant to the applicable
sections of the Tustin City Code.
3.4 Unlisted Uses
Those uses not specifically listed are subject to the
determination of the Community Development Director as either
permitted by right, subject to the approval of a Conditional
Use Permit or not allowed consistent with the purpose, intent
and similar to the allowed uses in the Renaissance Planned
Community. Decisions of the Director are appealable to the
Planning Commission.
3.5 General Development Standards
A. Minimum Lot Size: 1,700 square feet
B. Lot Coveraqe: 100% less setbacks and open space areas
Renaissance'Planned Community District Regulations 2
Open Space: 400 square feet per unit which may be
included in common area; A minimum of 150 square feet
shall be provided for private use provided such area is
located on a ground level and open on three sides. Areas
excluded from the open space requirement include all
structures, private streets, private drives, above ground
patios and parking lots.
Buildinq Setbacks
Tract Boundary: The minimum building setback f~om
any tract boundary shall be 5 feet.
Public/Private Streets: The minimum building
setback from a public or private street shall be 10
feet. The minimum building setback may be reduced
to 8 feet for no more than a maximum of 10 feet of
a building elevation. An attached garage may be
setback a minimum of 5 feet from a public or
private street. If living areas are provided above
garages, garage setbacks shall apply.
Private Drives: The minimum building setback from a
private drive shall be 7 feet. An attached garage
may be setback a minimum of 3 feet from a private
drive. If living areas are provided above garages,
garage setbacks shall apply.
Side Yard: The minimum side yard setback not
adjacent to a public/private street or private
drive shall be 3 feet.
Rear Yard: The minimum rear yard setback shall be 8
feet.
Buildinq Heiqht: 35 feet, including roof mounted
equipment.
Projections Into Required Setback~
Covered patios, trellis or canopies shall not cover
more than 50 percent of the private open space, and
in no event closer to property lines than would be
permitted by the Uniform Building Code.
Eaves, cornices, chimney, balconies and other
similar architectural features shall not project
more than 2 feet into any required building
setback, and in no event closer than would be
permitted by the Uniform Building Code.
Renaissance Planned Community District Regulations 3
Locations of swimming pools and/or spas shall
conform with City Code Section 9271(o).
Fences, Walls & Hedqes: Top of wall, fencing and hedges
shall be a maximum of 6' - 8" in height measured from the
highest adjacent grade level and subject to visual
clearance requirements. The maximums may be exceeded
when a greater height is requried as a noise mitigation
identified in a noise report approved by the Community
Development Director.
~arkinq Requirements:
A minimum of two enclosed garage spaces shall be
provided for each dwelling unit. In addition, a
minimum of .5 open and unassigned parking spaces
per each dwelling unit shall be provided within the
development either in marked parking spaces and/or
accommodated by on-street parking.
2 o
Parking area dimensions, locations and access shall
conform to the City's design review criteria on
file in the Community Development Department. At a
minimum, garages shall be a 18 feet wide by 19'-6"
deep inside clear dimension. Open parking spaces
shall be a minimum of 9 feet wide by 20 feet deep,
or 9 feet wide by 17'-6" deep with a 2'-6" overhang
into an unobstructed landscaped planter.
On-street parking credit for open and unassigned
parking will be permitted at the rate of one space
for each 22 feet of linear curb frontage, excluding
no parking areas adjacent to fire hydrants and
visual clear areas at corners to satisfy adequate
line of sight requirements. Credit may be given at
the rate of one space for each 18 feet of linear
curb length if at least one end of the space is
unobstructed by another parking space.
No parking shall be permitted at any time within
driveways.
4. Automatic garage door openers shall be required on
all units.
Renaissance Planned Community District Regulations 4
Private Street Standards
1. private Streets
Private streets with no parallel parking
within the travel way shall have a minimum
paved width of 28 feet.
Private streets where on-street parkiDg will
be limited to one side only shall nave a
minimum paved width of 32 feet.
Private streets where on-street parking will
be permitted on both sides of the street shall
have a minimum paved width of 36 feet.
The total right-of-way for purposes of
determining minimum paved width and
establishing setback lines shall include the
paved width and any parkway in accordance with
Standard B102 of the City's Construction
Standards for Private Streets, Storm Drains
and On-Site Private Improvements.
Sidewalks shall only be required on one side
of a private street as conceptually shown on
Exhibit 1 of these District Regulations.
Sidewalks, where provided, shall be designed
in accordance with Standard B102 of the City's
Construction Standards, Storm Drain and On-
Site Private Improvements and subject to
compliance with applicable accessibility
requirements of the American Disabilities Act,
Title 24 of the Uniform Building Code as
locally amended, and the Department of Housing
and Urban Development's Fair Housing
Accessibility Guidelines.
Ail private streets and related improvements
shall be constructed in accordance with the
City's Construction Standards for Private
Streets, Storm Drain and On-Site Private
Improvements, except as otherwise provided
above.
2. Private Drives
Private drives with perpendicular parking
outside of the travel way shall have a minimum
paved width of 24 feet.
Renaissance Planned Community District Regulations 5
bo
The private drive shall not be more than 150
feet in length and serve no more than eight
units. In determining the maximum 150 length
of a drive, an extension of the right-of-way
line from the street the drive takes access
from shall be drawn across the drive entrance
and measurement shall be taken to the end of
the private drive. Minor punchouts which are
not more than 3 feet in length at the end of a
private drive shall be excluded in calculating
the maximum length of a court.
Where private drives dead-end, they may end in
cul-de-sacs, hammerheads or punchouts as long
as adequate maneuverability and turning radius
is provided for vehicles, including emergency
vehicles and trash trucks.
The total right-of-way for purposes of
determining minimum paved width and
establishing setback lines shall include the
paved width and any parkway in accordance with
Standard B102 of the City's Construction
Standards for Private Streets, Storm Drains
and On-Site Private Improvements.
au
Ail private drives and related improvements
shall be constructed in accordance with the
City's Construction Standards for Private
Streets, Storm Drain and On-Site Private
Improvements, except as otherwise provided
above.
Other DeveloDment Standard~
Any development standards which are not specifically
identified within the District Regulations shall be
subject to the applicable provisions of the Tustin City
Code.
4.0
4.1
IMPLEMENTATION/ADMINISTRATION
Re__~_ponsibilit_%y_
The Community Development Department of the City of Tustin
shall be responsible for the administration and enforcement of
provisions of these regulations.
Renaissance Planned Community District Regulations 6
4.2 Interpretations
If ambiguity arises concerning the appropriate application of
provisions contained' in these District Regulations, the
Community Development Director shall make the appropriate
determination. In making these determinations, the Director
shall consider the following, but not by way of limitation:
Bo
Prior administrative
previsions;
interpretation of similar
General intent and purpose of the Renaissance P!anoed
Community District Regulations;
C. Provisions contained in the General Plan; and
Other provisions of the Tustin City Code where standards
do exist.
Any decision of the Director may be appealed to the Planning
Commission.
4.3 Subdivisions
4.4
Ail divisions of land shall be processed in accordance with
the Tustin City Code and State Subdivision Map Act.
Variances, Conditional Use Permits, Use Determinations,
Temporary Uses and Other Discretionary Actions
Ail applications shall be processed in accordance with the'
Tustin City Code.
4.5 Amendment to District Requlations
Any amendment to the Renaissance Planned Community District
Regulations contained herein which change the allowed uses
within the development, impose any regulations upon property
not therefore imposed, or removes or modifies any such
regulation shall be initiated and processed in the same manner
set forth in the Tustin City Code for amending the Zoning
Code.
4.6 Enforcement
The Renaissance Planned Community District Regulations are
adopted by Ordinance and are therefore subject to penalty
provisions of the Tustin City Code. Specifically, violations
of land use or development standards shall be subject to
penalty provisions and citation procedures of the Tustin City
Renaissance Planned Community District Regulations 7
Code, in addition to the City's authority to seek civil
litigation in a court of law.
Subdivision map and development plan conditions imposed
pursuant to City Code shall also be subject to penalty
provisions and citation procedures of the Tustin City Code.
4.7 Housing Proqram
California Community Redevelopment Law Section 33413(b) (2)
requires that at least 15% of the units developed in a project
by public or private entities other than the Redevelopment
Agency (including such entities receiving Agency assistance)
must be affordable to low and moderate income persons and
households. Of those units, 40% must be affordable to very
low income households (translates to a very low income
requirements of 6% of the total units). The units must remain
affordable for the longest time feasible, but for not less
than the period of the land use controls established in the
Redevelopment Plan, which would be enforced through CC&R's and
deed restrictions on the specific properties. In addition,
Policy 1.4 of the Housing Element promotes dispersion and
integration of housing for low and very low income families
throughout a community as opposed to within a particular
geographic area or neighborhood.
Based upon 145 proposed units, 21 units would need to be
identified as affordable to satisfy the requirements of
Redevelopment Law. Of those 21 units, 13 units would need to
be affordable for low and moderate income households and 8
units would need to be affordable for very low income
households. The State Department of Housing and Community
Development (HCD) publishes figures which are the accepted
standards to determine income eligibility requirements.
Moderate income groups would be those households with incomes
between 81% and 120% of area median; Low income groups between
51% and 80% of area median; and Very Low income groups below
50% of the area median. Based upon published HCD figures as
of June 1994, the median income for a family of four in Orange
County is $58,800. Based upon the median income, the
affordable units would need to affordable to those households
of four with the incomes as follows:
Moderate Income
(120% of median)
$70,560
Low Income $47,040
(80% of median)
Very Low Income
(50% of median)
$39,900
Renaissance Planned Community District Regulations 8
These HCD figures vary depending upon household size and are
adjusted annually to reflect the change in median income over
time. The most current HCD figures would be used for each
particular unit at the time building permits are issued for
each respective unit.
The actual detail housing program as requried by conditions of
approval for the Renaissance Planned Community is maintained
in the Community Development Departement of the City of Tustin
and may vary or be modified from time to time based upon
changes is applicable laws and other statutory requirements.
4.8 Severabilit¥ Clause
If any section, subsection, sentence, clause, phrase, or
portion of these District Regulations, or the application
thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the decisions of any court of
law of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of these District
Regulations or its application to other persons or places.
Renaissance Planned Community District Regulations 9
ATTACHMENT B
STATISTICAL SUMMARY
ATTACHMENT B
Statistical Summary
Zone Change 94-003, Vesting Tentative Tract Map 14934,
Conditional Use Permit 94-007 and Design Review 94-013
Gross Site Area
Residential (Lots 1-145)
Private Streets (Lots A-X)
Landscape/
Recreation (Lots Z, AA-AH)
Total Units
Density
Minimum Lot Size
Building Setbacks
Private Street
P~ivate Drive
Side Yard
Rear Yard
Height
Resident Parking
Requirement*
N/A
N/A
N/A
N/A
N/A
25 du/ac (gross)
1,700 sq. ft.
10 feet minimum
(5 feet to garage)
7 feet minimum
(3 feet to garage)
3 feet minimum
8 feet minimum
35 feet maximum
290 enclosed garages
73 open guest
Total 363 spaces
Driveways greater than
9 feet in length
Unit Floor Plans Sq. Ft.
Plan 1 1,156
Plan 2 1,267
Plan 3 1,552
Proposed
11.85 acres
6.62 acres
3.03 acres
.49 acres
145 units
12.2 du/ac (gross)
1,705 sq. ft.
10 feet minimum
(5 feet to garage)
7 feet minimum
(3 feet to garage)
3 feet minimum
8 feet minimum
25 feet
290 enclosed garages
77 open guest
367 spaces
N/A 0
Plan Type Quantity
2 br+loft/2.5 ba 54
2 br+den/2.5 ba 53
3 br+loft/2.5 ba 38
* Based on proposed Planned CommJnity District Regulations
Percentaqe
37
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ATTACHMENT C
ARTERIAL HIGHWAY PLAN
Notes: 1. Nisson Road is not shown on l~e C~rculation
Eleme~L It is shown here for access to I-5
2. Designations of roadways outside the c~ty
lim~s ate not givat~ here.
Figure C-2
Arterial Highway Plan
ATTACHMENT
TABLE C-5
ARTERIAL HIGItYVAY PLAN
Link Classification Link Classification
Williams n/o McFadden Secondary Santa Clara w/o Yorba Sacondary
Yorba s/o Santa Oara S~'ondary 17th w/o ¥orba Major (A)
Yo~)a n/o l~nc S~ondaty 17th w/o yotba Major
yorba s/o L, vine .~.condary
Ponola w/o Jamborc~ Primary
Pmspea s/o Santa Oara S~condary
Proage~ s/o 17th S~-ondary l~ine w/o pt~sp~'t Major(A)
F~..,~F,:..~ a/o I~inc Set'ondaq~ l~ine w/o Holt Major
Irvir~ w/o Newport Major
Holt s/o 17th .e~condary lrvinc w/o Rr. dhill Major(M,A)
l~4nc w/o Browning Major(MA)
Newport a/o l'/th ~ Irvlne w/o Tustin Ranch Major(A)
Nev~on s/o Holt ih/wa~,j(A) ltvlne c/o Tustifl Ranch Major
Newpo~ s/o Fiest Prima~A) lrvine ¢/o Myford Major
Newpofl n/o l~l Camino Primary(A)
Newport s/o El Cnmlno Primary(A) l~rst w/o Yocha Primary
Newport a/o Mitchell Major(M) First w/o El C. amino Real Primary
! a' First w/o Newport Primary
i Major
Newport a/o F. dinger Major Main w/o El Camino Real Primary
Newport a/o Del Arno ' Major ~/ Main w/o Newport primary
Redhill s/o lrfinc Primary Bryan w/o Redhill Secondary
Redhill n/o El C. amino Major BrTan w/o Bt~vnLng Secondary
R~xlhill s/o I¢~son Major Bryan w/o Tustin Primary
Redhill s/o WaLnut Major Bi,ran w/o Jambm~: Primary
Redin'll a/o Sycamore Major
Redhifl s/o Edinger Major E~ Camino s/o l=irst Secondary
Redhill s/o Valencia Majo~A) El C. amino s/o Main .~:ondary
Rtdhill n/o Barranca MajotiA) El Camino w/o Rt:dhill Secondary
El Camino w/o Brimming
Browning s/o I~ine Secondary [] C. amino w/o Tustin Ranch Secondary
Browning s/o BrTan Secondary El C. amino w/o Jamboree Primary
Brmming s/o Nisson Secondary
McFadden w/o Williams Primary
Tu.stLn Ranch s/o Jambore~ Major McFadden w/o $R-$5 Primary
Tustin Ranch n/o La Colina Major McFadden w/o N~vpofl Primary
Tt~stLn Ranch s/o La Collna Major
Tu~tLn Ranch s/o Irvine Major Walnut w/o Redhili Primary(M)
Tustin Ranch s/o Bryan Major Walnut w/o Bww~in~ Primary(M)
Tustin Ranch s/o El C.~mino Major Walnut w/o Tustin Ranch Primary
TttslLn Ranch s/o 1-5 Major Walnut w/o Jamboree Primary(A)
Tustin Ranch s/o Walnut Major
Syc~mo~: w/o Nc~pofl Secondary(^)
Myford s/o Irvinc Secondary Sycamore w/o Rcdhill Secondary
My/ord s/o Bryan Y--~condary
Myford s/o El C~mJno Secondary EdinGer w/o Dcl Arno Major(A)
Myford n/o Walnut Secondary Edingcr w/o Rcdhill Major
Ediager w/o 'fustin P. anch Majcr
Jamboree n/o Tuslin R~nch Major Edlnger w/o Jambot~:c Major
Jamboree s/.~ Tustin Ranch Major Edinger w/o Hareard Major
Jamboree n/o Ir. icc Major
Jamboree ~/o Irvi.e ] Major Valencia w/o Redbill PriroaD~A)
Jamboree n/o El C. amino I Major(A)
Jamboree s/o El C. amino Major(A) Warner w/o Redhill Major
Jamboree s/o I-5 Major
Jamboree s/o F~dinger Major
Jamboree n/o Barranca Major
Note~: (A) denotes augmented lacilit~ (M) denotes modified section.
28
CIRCULATION ~ t=MENT
FEBRUARY 1994
TENTATIVE TRACT IVIAP
SITE PLAN
ELEVATIONS
¢)
1'71
il !i
Z
L~J
Z
cf)
If--
INITIAL STUDY
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92680
(714) 573-3105
INITIAL STUDY
L BACKGROUND
Address and Phone Number of Proponent
Date Check List Submitted ,.__.~Dg~/~ "-~, \qq4-
Agencg Requiring Check List . ~ IT'X" ~' 'T'~F-.,T' ]k~.
Name of Proposal, ifapplicable-'FT-' IZ~l'~., '~C.c:]t5r -~2~, (2(..~c:~ -C~-/ ~]
II. ENVIRONMENTAL IMPACTS
1. Earth. Will the proposal result in: YES MAYBE
a. Unstable earth conditions or in changes in geologic substructures? ~-~ [-~
b. Disruptions, displacements, compaction or overcovering of the soil? j~ ~
c. Change in topography or ground surface re ief features'? 11-'-1 J~
d. The destruction, covering or modification of any unique geologic or
physical features'? ~] il_]
e. Any increase in wind or water erosion of soils, either on or offthe site? [--[ [~1
£ Changes in deposition or erosion of beach sands, or changes in
siltation, deposition or erosion which may modify the channel of a Hver
or stream or the bed of the ocean or any bay, inlet or lake? [--[ [-~
g. Exposure of people or property to geologic hazards such as
earthquakes, landslides, mud slides, ground failure, or similar hazards?
2. Air. Will the proposal result in:
a. Substantial air emission or deterioration of ambient air quality? I I
b. The creation of objectionable odors? II
c. Alteration of air movement, moisture, or temperatures, or any change
in climate, either locally or regionally?
3. Water. Will the proposal result in:
a. Changes in currents, or the course of direction of water movements, in
either marine or fresh water?
b. Changes in absorption rates, drainage patterns, or the rate and amount
of surface runoff?.
c. Alterations to the course or flow of flood waters? ~-[
d. Change in the amount of surface water in any water body?
e. Discharge into surface waters, or in any alteration of surface water
quality, including but not limited to temperature, dissolved oxygen or
turbidity? ['--I
f. Alteration of the direction or rate of flow of ground waters?
g. Change in the quantity of ground waters, either through direct
additions or withdrawals, or through interception of an aquifer by cuts
or excavations?
h. Substantial reduction in the amount of water otherwise available for
public water supplies? I [
i. Exposure of people or property to water related hazards such as I
flooding or tidal waves? I [
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or number of any species of plants
(including trees, shrubs, grass, crops, and aquatic plants)? [/',[
b. Reduction of the numbers of any unique, rare or endangered species of F'-I
plants?
I I
YES
MAYBE
NO
2
YES MAYBE NO
C. Introduction of new species o£plants into an ama, or in a barrier to thc
normal replenishment of existing species? [~ ['~ [-"-[
d. Reduction in acreage of any agricultural crop? ['~ [---'l
5.Animal Life. Will the proposal result in:
a. Change in the diversity of species, or numbers of any species of animals
(birds, land animals including reptiles, fish and shellfish, benthic
organisms or insects)? []
b. Reduction of the numbers of any unique, rare or endangered species of V--I F--I IX-21
animals?
f I
L/"I
c. Introduction of new species of animals into an area, or result in a
barrier to the migration or movement of animals?
d. Deterioration to existing fish or wildlife habitat? [---[
6. Noise. Will the proposal result in:
a. Increases in existing noise levels? [--[ [~7[ [~[
b. Exposure of people to severe noise levels? [---[ [~ [--[
7. Light and Glare. Will the proposal produce new light or glare? [--I [~ ~
8. La. nd Use. Will the proposal result in a substantial alteration of the present
or planned land use of an area? [---[ [~7[ [--I
9. Natural Resources. Will the proposal result in:
a. Increase in the rate or use of any natural resources? [~ [~[ [~]
b. Substantial depletion of any nonrenewable natural resource? [--] ! ] [~
10. Risk of Up. set~ Will the proposal involve:
a A risk of an explosion or the release of hazardous substances
(including, but not limited to, oil, pesticides, chemicals or radiation) in
the event of an accident or upset conditions? [~[ [~l [~
b.evacuationP°Ssible interferenCeplan? with an emergency response plan or an emergency [---[ [~[ [x~
3
11. Population. Will the proposal alter the location, distribution, density, or
growth rate of the human population of an area?
12. _Housing. Will the proposal affect existing housing, or create a demand for
additional housing?
13. Transportation/Circulation. Will the proposal result in:
a. Generation of substantial additional vehicular movement7
b. Effects on existing parking facilities, or demand for new parking?
c. Substantial impact upon existing transportation systems?
d. Alterations to present patterns of circulation or movement of people
and/or goods?
e. Alterations to waterborne, rail or air traffic?
f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians7
14. Public Services. Will the proposal have an effect upon, or result in a need
for new ot' altered governmental services in any of the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities, including roads?
f. Other governmental services?
15. Energy. Will the proposal resu!t in:
a. Use of substantial amounts of fuel or energy?
b. Substantial increase in demand upon existing sources of energy, or
require the development of new sources of energy?
YES
VI
MAYBE
NO
4
YES
MAYBE
NO
16. Utilities. Will the proposal result in a need for new systems, or substantial
alterations to the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or potential health hazard (excluding
mental health)?
b. Exposure of people to potential health hazards?
18. Solid Waste. Will the proposal create additional solid waste requiring
disposal bythe Ci ?
19. Aesthetics. Will the proposal result in the obstruction of any scenic vista or
view open to the public, or will the proposal result in the creation of an
aesthetically offensive site open to public view?
20. Recreation. Will the proposal result in an impact upon the quality or
quantity of existing recreational opportunities?
21. Cultural Re.~sources. Will the proposal result in:
a. The alteration of or the destruction of a prehistoric or historic
archaeological site?
b. Adverse physical or aesthetic effects to a prehistoric or historic
building, structure, or object?
c. The potential to cause a physical change which would affect unique
eth. ccu tural values?
d.Will the proposal restrict existing religious or sacred uses within the
potential impact area?
22. Mandatory Findin~;s of Siqnificance.
Does the project have the potential to degrade the quality of the
environment substantially reduce the habitat ora fish or wildlife
species, cause a fish or wildlife population to drop below self sustaining
levels, threaten to eliminate a plant or animal community, reduce the
number or restrict the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of California history
or prehistory?
Does the project have the potential to achieve short-term, to the
disadvantage of long-term, environmental goals? (A short-term impact
on the environment is one which occurs in a relatively brief, definitive
period of time while long-term impacts will endure well into the
future).
Does the project have impacts which are individually limited, but
cumulatively considerable? (A project may impact on two or more
separate resources where the impact on each resource is relatively
small, but where the effect of the total of those impacts on the
environment is significant.
Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly?
YES MAYBE NO
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
SEE ATTACHMENT A
6
_ EXHIBIT A
ZONE CHANGE 94-003
SYCAMORE
14772 14781~' MEAR LN. 147B2
1.~1 DRAGON AM. 0 ~48~2
UJ
Z
EXISTING ZONING: R-3 (MULTIPLE-FAMILY RESIDENTIAl.)
PROPOSED ZONING: PC (PLANNED COMMUNITY - RESIDENTIAL)
14882 - 14942 NEWPORT AVENUE
A.P. #: 432-011-21
RENAISSANCE
PLANNED COMMUNITY
DISTRICT REGULATIONS
Prepared by:
CITY OF TUST-rN
COMMUNITY DEVEI.OPMENT DEPARTMENT
300 Centennial Way
Tustin, CA 92680
(714) 573-3105
Adopted by the Tustin City Council
Ordinance No.
August , 1994
EXHIBIT B
RENAISSANCE
PLANNED COMMUNITY DISTRICT REGUALTIONS
TABLE OF CONTENTS
1.0
2.0
3.0
Page
INTRODUCTION
STATISTICAL SUMMARY
LAND USE REGULATIONS
3.1 Purpose & Intent
3.2 Permitted & Conditionally Permitted Uses
3.3 Temporary Uses
3.4 Unlisted Uses
3.5 General Development Standards
4.0 IMPLEMENTATION/ADMINISTRATION
4.1 Responsibility
4.2 Interpretations
4.3 Subdivisions
4.4 Variances, Conditional Use Permits, Use
Determinations and Other Discretionary
Actions
4.5 Amendment to District Regulations
4.6 Enforcement
4.7 Housing Program
4.8 Severability Clause
DF :TT14934.REG
Number
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1.0 INTRODUCTION
The regulations set.forth in this set of District Regulations for
the Renaissance Planned Community have been established to satisfy
the Planned Community District requirements of the Tustin City Code
and to provide diversification among the relationships of uses,
buildings, and structures in planned building groups. The
application of these regulations is specifically intended to
encourage the appropriate use of land and create a harmonious
residential development to protect the health, safety and general
welfare of the community and provide the flexibility needed to
create a quality environment.
Development within the Renaissance Planned Community shall occur
pursuant to these Planned Community District Regulations.
2.0 STATISTICAL SUMMARY
The Renaissance Planned Community is approximately 10.14 acres in
size and includes 145 single-family detached dwellings. The
conceptual site plan for the development is shown in Exhibit 1.
The initial development includes a total of three different floor
plans.which are as follows:
Lot Size Unit Size Bedrooms Gaths Garages
(Approx.) (Approx.)
Plan I 1,705 s.f. 1,156 s.f. 2+loft or 3 2.5 2 Car Enclosed
Plan 2 1,870 s.f. 1,267 s.f. 2+den or 3 2.5 2 Car Enclosed
Plan 3 2,200 s.f. 1,552 s.f. 3+loft or 4 2.5 2 Car Enclosed
It is recognized that the above figures are approximate and are
subject to change during the development of the construction
drawings. In addition, as the development matures, homeowners may
choose to modify their individual homes with respect to items such
as total square footage and room counts which would also effect
these figures. No changes to this Section of the District
Regulations would be required with respect to future changes and
adjustments to the development. However, any new construction,
alterations or modifications to the development or individual
properties would need to comply with all applicable provisions
contained in Sections 3.0 and 4.0 of these District Regulations.
Renaissance Planned Community District Regulations 1
EXHIBIT I
3.0 LAND USE REGULATIONS
The land uses and development standards within this Section act as
a principal part of the controlling mechanism for implementation of
the Planned Community District designation for this development.
Standards set forth in this Section will ensure that future
development within the Renaissance Planned Community as the
community matures proceeds in a consistent and appropriate manner.
3.1 Purpose & Intent
The Renaissance Planned Community is intended to provide small
lot, single-family detached dwellings situated on private
streets and drives. The development includes common
recreation facilities for the enjoyment of all residents. A
Homeowners Association will be created to ensure adequate
maintenance and management of the development and common area
amenities. The Renaissance Planned Community is located
within the City's South/Central Redevelopment Project Area and
would offer new ownership housing opportunities and eliminate
a blighted condition within this portion of the City.
3.2 Permitted & Conditionally Permitted Uses
%11 uses identified in the R-1 District of the Tustin City
Code as permitted uses shall be permitted by right within the
Renaissance Planned Community. All uses identified in the R-1
District of the Tustin City Code as conditionally permitted
shall be allowed, subject to the approval of a Conditional Use
Permit, within the Renaissance Planned Community.
3.3 Temporary Uses
Temporary uses shall be regulated pursuant to the applicable
sections of the Tustin City Code.
3.4 Unlisted Uses
Those uses not specifically listed are subject to the
determination of the Community Development Director as either
permitted by right, subject to the approval of a Conditional
Use Permit or not allowed consistent with the purpose, intent
and similar to the allowed uses in the Renaissance Planned
Community. Decisions of the Director are appealable to the
Planning Commission.
3.5 General Development Standards
A. Minimum Lot Size: 1,700 square feet
B. Lot Coveraqe: 100% less setbacks and open space areas
Renaissance Planned Community District Regulations 2
De
Ee
Open Space: 400 square feet per unit which may be
included in common area; A minimum of 150 square feet
shall be provided for private use provided such area is
located on a ground level and open on three sides. Areas
excluded from the open space requirement include all
structures, private streets, private drives, above ground
patios and parking lots.
Building Setbacks
1. ' Tract Boundary: The minimum building setback from
any tract boundary shall be 5 feet.
Public/Private Streets: The minimum building
setback from a public or private street shall be 10
feet. The minimum building setback may be reduced
to 8 feet for no more than a maximum of 10 feet of
a building elevation. An attached garage may be
setback a minimum of 5 feet from a public or
private street. If living areas are provided above
garages, garage setbacks shall apply.
Private Drives: The minimum building setback from a
private drive shall be 7 feet. An attached garage
may be setback a minimum of 3 feet from a private
drive. If living areas are provided above garages,
garage setbacks shall apply.
Side Yard: The minimum side yard setback not
adjacent to a public/private street or private
drive shall be 3 feet.
5o
Rear Yard: The minimum rear yard setback shall be 8
feet.
Buildin'H~:
equipment.
35 feet, including roof mounted
Projections Into Required Setback~
Covered patios, trellis or canopies shall not cover
more than 50 percent of the priQate open space, and
in no event closer to property lines than would be
permitted by the Uniform Building Code.
Eaves, cornices, chimney, balconies and other
similar architectural features shall not project
more than 2 feet into any required building
setback, and in no event closer than would be
permitted by the Uniform Building Code.
Renaissance Planned Community District Regulations 3
Locations of swimming pools and/or spas shall
conform with City Code Section 9271(o).
Fences, Walls & Hedqes: Top of wall, fencing and hedges
shall be a maximum of 6' - 8" in height measured from the
highest adjacent grade level and subject to visual
clearance requirements. The maximums may be exceeded
when a greater height is requried as a noise mitigation
identified in a noise report approved by the Community
Development Director.
Parkinq Requirements:
A minimum of two enclosed garage spaces shall be
provided for each dwelling unit. In addition, a
minimum of .5 open and unassigned parking spaces
per each dwelling unit shall be provided within the
development either in marked parking spaces and/or
accommodated by on-street parking.
Parking area dimensions, locations and access shall
conform to the city's design review criteria on
file in the Community Development Department. At a
minimum, garages shall be a 18 feet wide by 19'-6"
deep inside clear dimension. Open parking spaces
shall be a minimum of 9 feet wide by 20 feet deep,
or 9 feet wide by 17'-6" deep with a 2'-6" overhang
into an unobstructed landscaped planter.
On-street parking credit for open and unassigned
parking will be permitted at the rate of one space
for each 22 feet of linear curb frontage, excluding
no parking areas adjacent to fire hydrants and
visual clear areas at corners to satisfy adequate
line of sight requirements. Credit may be given at
the rate of one space for each 18 feet of linear
curb length if at least one end of the space is
unobstructed by another parking space.
3 o
NO parking shall be permitted at any time within
driveways.
Automatic garage door opene£s shall be required on
all units.
Renaissance Planned Community District Regulations 4
I. Private Street Standards
1. Private Streets
Private streets with no parallel parking
within the travel way shall have a minimum
paved width of 28 feet.
Private streets where on-street parking will
be limited to one side only shall have a
minimum paved width of 32 feet.
Private streets where on-street parking will
be permitted on both sides of the street shall
have a minimum paved width of 36 feet.
The total right-of-way for purposes of
determining minimum paved width and
establishing setback lines shall include the
paved width and any parkway in accordance with
Standard B102 of the city's Construction
Standards for Private Streets, Storm Drains
and On-Site Private Improvements.
Sidewalks shall only be required on one side
of a private street as conceptually shown on
Exhibit 1 of these District Regulations.
Sidewalks, where provided, shall be designed
in accordance with Standard B102 of the City's
Construction Standards, Storm Drain and On-
Site Private Improvements and subject to
compliance with applicable accessibility
requirements of the American Disabilities Act,
Title 24 of the Uniform Building Code as
locally amended, and the Department of Housing
and Urban Development's Fair Housing
Accessibility Guidelines.
Ail private streets and related improvements
shall be constructed in accordance with the
city's Construction Standards for Private
Streets, Storm Drain and On-Site Private
Improvements, except as otherwise provided
above.
2. Private Drives
Private drives with perpendicular parking
outside of the travel way shall have a minimum
paved width of 24 feet.
Renaissance Planned Community District Regulations 5
bo
The private drive shall not be more than 150
feet in length and serve no more than eight
units. In determining the maximum 150 length
of a drive, an extension of the right-of-way
line from the street the drive takes access
from shall be drawn across the drive entrance
and measurement shall be taken to the end of
the private drive. Minor punchouts which are
not more than 3 feet in length at the end of a
private drive shall be excluded in calculating
the maximum length of a court.
Where private drives dead-end, they may end in
cul-de-sacs, hammerheads or punchouts as long
as adequate maneuverability and turning radius
is provided for vehicles, including emergency
vehicles and trash trucks.
The total right-of-way for purposes of
determining minimum paved width and
establishing setback lines shall include the
paved width and any parkway in accordance with
Standard B102 of the City's Construction
Standards for Private Streets, Storm Drains
and On-Site Private Improvements.
Ail private drives and related improvements
shall be constructed in accordance with the
City's Construction Standards for Private
Streets, Storm Drain and On-Site Private
Improvements, except as otherwise provided
above.
Other DeveloDment Standards
Any development standards which are not specifically
identified within the District Regulations shall be
subject to the applicable provisions of the Tustin City
Code.
4.0
4.1
IMPLEMENTATION/ADMINISTRATION
ResDonsibiiit~,
The Community Development Department of the City of Tustin
shall be responsible for the administration and enforcement of
provisions of these regulations.
Renaissance Planned Community District Regulations 6
4.2 Inte~tation~s
4.3
4.4
If ambiguity arises concerning the appropriate application of
provisions contained in these District Regulations, the
Community Development Director shall make the appropriate
determination. In making these determinations, the Director
shall consider the following, but not by way of limitation:
Prior administrative
provisions;
interpretation of similar
B. General intent and purpose of the Renaissance Planned
Community District Regulations;
C. Provisions contained in the General Plan; and
D. Other provisions of the Tustin City Code where standards
do exist.
Any decision of the Director may be appealed to the Planning
Commission.
Subdivisions
Ail divisions of land shall be processed in accordance with
the Tustin City Code and State Subdivision Map Act.
Variances, Conditional Use Permits, Use Determinations,
Temporary Uses and Other Discretionary Action~
All applications shall be processed in accordance with the
Tustin City Code.
4.5 Amendment to District Requlation~
Any amendment to the Renaissance Planned Community District
Regulations contained herein which change the allowed uses
within the development, impose any regulations upon property
not therefore imposed, or removes or modifies any such
regulation shall be initiated and processed in the same manner
set forth in the Tustin City Code for amending the Zoning
Code.
4.6 Enforcement
The Renaissance Planned Community District Regulations are
adopted by Ordinance and are therefore subject to penalty
provisions of the Tustin City Code. Specifically, violations
of land use or development standards shall be subject to
penalty provisions and citation procedures of the Tustin City
Renaissance Planned Community District Regulations 7
Code, in addition to the City's authority to seek civil
litigation in a court of law.
Subdivision map and development plan conditions imposed
pursuant to City Code shall also be subject to penalty
provisions and citation procedures of the Tustin city Code.
4.7 Housinq Proqram
California Community Redevelopment Law Section 33413(b) (2)
requires that at least 15% of the units developed in a project
by public or private entities other than the Redevelopment
Agency (including such entities receiving Agency assistance)
must be affordable to low and moderate income persons and
households. Of those units, 40% must be affordable to very
low income households (translates to a very low income
requirements of 6% of the total units). The units must remain
affordable for the longest time feasible, but for not less
than the period of the land use controls established in the
Redevelopment Plan, which would be enforced through CC&R's and
deed restrictions on the specific properties. In addition,
Policy 1.4 of the Housing Element promotes dispersion and
integration of housing for low and very low income families
throughout a community as opposed to within a particular
geographic area or neighborhood.
Based upon 145 proposed units, 21 units would need to be
identified as affordable to satisfy the requirements of
Redevelopment Law. Of those 21 units, 13 units would need to
be affordable for low and moderate income households and 8
units would need to be affordable for very low income
households. The State Department of Housing and Community
Development (HCD) publishes figures which are the accepted
standards to determine income eligibility requirements.
Moderate income groups would be those households with incomes
between 81% and 120% of area median; Low income groups between
51% and 80% of area median; and Very Low income groups below
50% of the area median. Based upon published HCD figures as
of June 1994, the median income for a family of four in Orange
County is $58,800. Based upon the median income, the
affordable units would need to affordable to those households
of four with the incomes as follows:
Moderate Income
(120% of median)
$70,560
Low Income $47,040
(80% of median)
Very Low Income
(50% of median)
$39,900
Renaissance Planned Community District Regulations 8
These HCD figures vary depending upon household size and are
adjusted annually to reflect the change in median income over
time. The most current HCD figures would be used for each
particular unit at the time building permits are issued for
each respective unit.
The actual detail housing program as requried by conditions of
approval for the Renaissance Planned Community is maintained
in the Community Development Departement of the City of Tustin
and may vary or be modified from time to time based upon
changes is applicable laws and other statutory requirements.
4.8 Severabilit¥ Clause
If any section, subsection, sentence, clause, phrase, or
portion of these District Regulations, or the application
thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the decisions of any court of
law of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of these District
Regulations or its application to other persons or places.
Renaissance Planned Community District Regulations 9
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RESOLUTION NO. 94-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING VESTING TENTATIVE TRACT MAP NO.
14934.
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
A. That Vesting Tentative Tract Map No. 14934 was
submitted to the City Council by D&D Development
Company, Inc. for consideration.
Be
That a public hearing was duly called, noticed and
held for said map on July 25, 1994 by the Planning
Commission and on August 15, 1994 by the City
Council.
That a Negative Declaration has been prepared in
accordance with the provisions of the California
Environmental Quality Act for the subject project.
That the proposed subdivision is in conformance
with the Tustin Area General Plan and Subdivision
Map Act as it pertains to the development of
residential property.
That the project has been reviewed for consistence
with the Air Quality Sub-Element of the City of
Tustin General Plan and has been determined to be
consistent or has been conditioned to be consistent
with the Air Quality Sub-Element.
Fe
That Vesting Tentative Tract 14934 would not have
an impact on School District facilities.
That the site is physically suitable for the type
of development proposed.
That the site is physically suitable for the
proposed density of development.
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.
That the design of the subdivision or the type of
improvements proposed will not conflict with
easement acquired by the public at large, for
access through or use of the property within the
proposed subdivision.
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Resolution No. 94-101
Page 2
II.
That the design of the subdivision or the types of
improvements proposed are not likely to cause
serious public health problems.
The proposed project has been reviewed for
conformity with the provisions of the Orange County
Congestion Management Program, and the approval
body has determined that the additional traffic
generated by the proposed project onto the CMP
Highway System does not cause the system to exceed
the established level of service standards.
The proposed project has been determined to be
exempt from the provisions of Measure "M" in that
the additional traffic generated by the proposed
project onto the Arterial Highway System does not
cause the roadway system to exceed the established
level of service standards.
That the dedication of right-of-way along the
Newport Avenue frontage to accommodate the future
realignment of Newport Avenue, as well as access to
the subject property and the property to the north,
and the construction of the cul-de-sac to the
ultimate configuration to the greatest extent
feasible, would reduce traffic and circulation
impacts to an acceptable level. In addition, the
City's agreement to construct future improvements
on Newport Avenue along the project frontage
associated with the realignment of Newport Avenue
would constitute a "rough'proportionate- obligation
the City would have for right-of-way acquisition.
There is a reasonable relationship between the need
for the dedication and the type of development
proposed as the dedication area would provide
direct benefit to the future residents of the
development by providing access to the project and
mitigating individual and cumulative traffic
impacts that would be created by the development.
The City Council hereby approves Vesting Tentative Tract
Map No. 14934, subject to the conditions contained in
Exhibit A of Planning Commission Resolution No. 3290,
incorporated herein be reference.
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Resolution No. 94-101
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 15th day of August, 1994.
THOMAS R. SALTARELLI
Mayor
MARY E. WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ss
CERTIFICATION FOR RESOLUTION NO. 94-101
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is 5; that the above and foregoing
Resolution No. 94-101 was duly and regularly introduced,
passed, and adopted at a regular meeting of the Tustin City
Council, held on the 15th day of August, 1994.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
MARY E. WYNN
City Clerk
IV. 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 significant effect on
the environment, there will not be a significant effect in this case because
the mitigation measures described in Attachment A attached hereto have
been added to the project. A NEGATIVE DECLARATION WILL BE
PREPARED.
I find the proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
Date
Signature ~/~2~ ~/
Name (Print)
Title
7
ATTACHMENT A - DISCUSSION OF ENVIRONMENTAL EVALUATION
ZONE CHANGE 94-003, VESTING TENTATIVE TRACT MAP 14934t CONDITIONAL
USE PERMIT 94-007, AND DESIGN REVIEW 94-013 (D&D DEVELOPMENT)
JUNE 30t 1994
PROJECT'DESCRIPTION
The proposed project is a request for: 1) a Zone Change to change
the zoning classification on the subject property from R-3
(Multiple Family Residential) to PC (Planned Community -
Residential) to accommodate 145 single-family detached dwelling
units; 2) a Vesting Tentative Tract Map to demolish an existing 296
unit apartment complex and subdivide the 11.85 acre site into 145
numbered lots and 33 lettered lots to accommodate 145 single-family
detached dwelling units; and 3) a Conditional Use Permit and
related Design Review to authorize the establishment of Planned
Community District Regulations which would specify the development
standards under which the project would be governed pursuant to
City Code Section 9244. The Zone Change and Tentative Tract Map is
subject to City Council approval, the Conditional Use Permit is
subject to Planning Commission approval, and the Design Review is
subject to approval by the Zoning Administrator.
The ~roject site is approximately 11.85 acres in size and is
located at 14882 - 14942 Newport Avenue (see attached plans). The
project site is currently developed with 296 apartment units which
have been vacant since October 1990 due to a significant number of
building, fire and health and safety code violations which exist on
the property.
Surrounding uses to the site include multiple-family and single-
family residential to the north, the AT&SF railroad and a flood
control channel to the south, the Tustin Unified School District
maintenance facility to the east and multiple-family residential
across Newport Avenue to the west.
Earth - B "Yes"; C "Maybe"; A and D throuqh G "No" - The
subject site is currently developed with 296 apartment units
and is relatively flat in its topographical features. The
proposed development of the site would require the complete
demolition of the existing improvements on the property, as
well as, minor grading activity, compaction of the soil and
the overcovering of the soil to create the new lots, building
pads and private streets. Appropriate grading plans and soils
report would be required as part of the City's review and
Building Permit plan check process.-
Sources:
Field Observations
Submitted Development Plans
City of Tustin, Community Development Department
-- Discussion of Environmental Evaluation
14934, CUP 94-007, DR 94-013
Attachment A
ZC 94-003, VTT
June 30, 1994
Page 2
Mitigation/Monitoring: The following mitigation measures
would be required to be satisfied prior to issuance of any
building permits for the project:
The applicant would be required to submit a soils report
to the Building Division completed within twelve (12)
months prior at Building Permit Plan Check.
The applicant would be required to submit grading plans
identifying the scope of work at Building Permit Plan
Check. All work shall be done in conformance with the
Uniform Building Code, Grading Code and Grading Manual as
required by the Building Official.
Air - A throuqh C "No" - The proposed project would not result
in any long term degradation to the existing air quality.
However, with the demolition of the existing improvements and
the construction of the new improvements, there may be short
term air quality pollutants such as dust particles which will
be emitted into the air. No significant impacts are expected.
Sources: Submitted Development Plans
City of Tustin, Community Development Department
Mitigation/Monitoring: The site will be required to comply
with grading plan approvals with regard to dust control, which
requires the applicant to apply water to the site as specified
in the Grading Code and Grading Manual. This will be
monitored by the Building Division when construction
commences.
Water - B "Maybe"; A, C throuqh I "No" The proposed
project which is currently developed with 296 apartment units
which are proposed to be demolished. New site improvements
and structures would add impervious surfaces to the site which
would alter drainage and run-off patterns within the limits of
the preperty. As preposed, the westerly portioD of the
development would drain toward Newport Avenue. The easterly
portion of the development would drain toward the southeast
corner of the development and connect .to the existing flood
control channel along the southerly boundary of the tract. It
is not anticipated that this project will substantially
contribute to the drainage flow. The subject site is not
located near any standing or moving bodies of water. Although
the project site is located adjacent to an open drainage
channel, according to the Flood Insurance Rate Map, the
property is located outside the 500 year flood zone.
Therefore, the potential for exposure to flooding in not anticipated.
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 3
Source:
Field Observations
City of Tustin, Community Development
City of Tustin, Public Works Department
Flood Insurance Rate Map
Department
Mitigation/Monitoring: The following mitigation measures
would be required to be satisfied prior to issuance of any
building permits for the project:
The site will be designed so that all private street
surface run-off is directed to and picked up by the storm
drain system.
Ail grading and drainage plans shall be subject to review
and approval by the City of Tustin's Building Division
and the Public Works Department to confirm compliance
with Drainage Area Management Plan and Construction
Standards for Private Streets, Storm Drains and On-Site
Private Improvements prior to construction.
The applicant shall be required to obtain all applicable
approvals and permits from the Orange County Flood
Control District for connection to the existing flood
control channel.
The site shall be designed to remove any flood hazard to
the satisfaction of the City Engineer which will allow
building pads to be safe from inundation from rain fall
which may be expected from all storms up to and including
the theoretical 100 year storm and dedication of any
necessary easements on the final map as required. All
finish floor elevations of the dwellings shall be
protected from the 100 year flood elevation.
Ail landscaping irrigation shall be designed to
consistent with the City's Landscaping and Irrigation
Guidelines which includes the use of landscaping timing
devices to ensure watering efficiency.
The use of water conserving plumbing fixtures throUghout
the dwellings should be considered by the applicant.
Plant Life - A and C "Yes"; B and D - "No" - The project site
is currently developed with 296 apartment units and includes
a variety of ornamental landscaping which has been left in
poor condition when the property was vacated in 1990. Since
all existing improvements on the property would be demolished,
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 4
new ornamental landscaping would be reestablished in the
development in conformance with the requirements of the City
of Tustin's Landscape and Irrigation Guidelines.
Source:
Field Observations
Proposed Development Plans
Mitigation/Monitoring: Ail landscaping shall be designed,
installed, and maintained in accordance with the City's
Landscape and Irrigation Guidelines.
Animal Life - A throuqh D - "No" - The subject site is located
within an urban area and is presently developed with 296
apartment units which has been vacated in 1990. The site is
not inhabited by any known species of animals. Installation
of the proposed project would have no impacts on animal
populations, diversity of species or migratory patterns.
Source: Field Observations
Mitigation/Monitoring: None Required.
Noise - A and B "Maybe" - The proposed project would not add
new noise sources into the area as the site is presently
developed with 296 apartment units which generate a certain
amount of noise from previous activities of the residents.
The demolition and new construction of the proposed
development will result in short term construction noise
impacts which will require compliance with the City's Noise
Ordinance. Short term construction impacts could potentially
effect residents in the future as a result of construction for
the realignment of Newport Avenue. Given the existing neise
levels of approximately 70 dBa as identified in the Tustin
General Plan Noise Element generated by the AT&SF Railroad on
the south and Newport Avenue on the west, the project may
expose future residents to severe noise levels.
Ail residential lots and dwellings shall be sound attenuated
against present and projected noises, which shall be the sum
of all noise impacting the project, so as not to exceed an
exterior standard 65 dBa CNEL in outdoor living areas and an
interior standard of 45 dBa CNEL in all habitable rooms is
required. This would include potential noise from Newport
Avenue (existing and future), the AT&SF railroad, and aircraft
overflight. Evidence prepared under the supervision of an
acoustical consultant that these standards will be satisfied
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 5
7 o
in a manner consistent with applicable zoning regulations
shall be provided.
City of Tustin, Community Development Department
Tustin General Plan, Noise Element
Mitigation/Monitoring: The following 'mitigation measures
would be required to be satisfied prior to issuance of any
building permits for the project:
A final acoustical analysis report describing the
acoustical design features of the structures required to
satisfy the exterior and interior noise standards shall
be submitted to the Community Development Department for
approval along with satisfactory evidence which indicates
that the sound attenuation measures specified in the
approved acoustical report(s) have been incorporated into
the design of the project. This would include design
features to mitigate potential noise from Newport Avenue
(existing and future), the AT&SF railroad, and aircraft
overflight. The acoustical analysis shall be prepared by
an expert or authority in the field of acoustics.
B. Home buyer notification statements and provisions
contained in the CC&R's for the development shall
indicate that Newport Avenue will be realigned along the
westerly project boundary which may include an underpass
or overpass at the AT&SF Railroad. Construction of this
facility would have potential short term noise impacts on
this development. Specific language of the notice and
CC&R' provisions shall be subject to review and approval
of the Community Development Department.
Liqht and Glare - "Maybe" - The proposed project would add new
light and glare into the area. However, the site is presently
developed with 296 apartment units which also generated a
certain amount of light and glare from the lighting ef the
parking areas and buildings. Any exterior lighting that would
be provided would comply with the City of Tustin Security
Ordinance which in part requires a minimum of 1 footcandle
and .25 footcandles of light to be illuminated in the parking
areas and pedestrian areas respectively. In addition,
standards street lighting in conformance with the City's
Private Street Construction Standards would be required.
Source: Field Observations
Proposed Development Plans
City of Tustin Security Ordinance
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 6
Mitigation/Monitoring: The applicant shall provide a
photometric study showing the location and anticipated
distribution pattern of light of all proposed fixtures. All
exterior lighting shall be designed and arranged so not to
direct light or glare onto adjacent properties. All lighting
shall be developed to provide a minimum of one (1) footcandle
of light coverage in the parking areas and .25 footcandles of
light coverage in pedestrian areas, in accordance with the
City's Security Ordinance.
Land Use - "Maybe,, - The subject property is approximately
11.85 acres and is designated as High Density Residential by
the City's Land Use Element of the General Plan. The High
Density land use designation would allow development up to 25
dwelling units per acre. The property is currently zoned R-3
(Multiple-Family Residential) which would allow apartment
units as an outright permitted use.
The property is presently developed with 296 apartment units
at a density of 25 dwelling unit per acre. The apartment
complex has been vacant since October of 1990 as a result of
extensive City enforcement activities related to numerous
building, fire, and health and safety code violations which
exist throughout the complex.
The proposed project includes the complete demolition of the
existing 296 apartment complex, including all structures and
site improvements. New development proposed for the site
includes the construction of 145 single family detached
dwellings at a density of approximately 12.2 dwelling units
per acre. The proposed density is approximately a 50 percent
reduction over the existing density.
In order to accommodate the proposed development, the
applicant has requested a zone change to change the zoning on
the property from R-3 (Multiple Family Residential) to PC
(Planned Community - Residential). Pursuant to City Code
Section 9244, the approved development plan, along the written
standards which are proposed as "District Regulation" comprise
the specific development standards and uses which would be
used to govern the property. The consideration of the
development plans and District Regualtions would be subject to
the approval of a Conditional Use Permit.
Source:
Proposed Development Plans
Tustin General Plan, Land Use Element
Tustin Municipal Code
City of Tustin, Community Development Department
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 7
Mitigation/Monitoring: Ail development shall comply with the
approved development plans and the District Regulations
approved in conjunction with ZC 94-003 and CUP 94-007, which
addresses allowed uses, building height, building setbacks,
parking requirements, and other site development standards, to
ensure that the development of the proposed 145 single-family
detached dwelling unit development would not have a
significant effect on the neighborhood.
9e
Natural Resources - A "Yes"; B "No" The proposed project
would result in new construction and use of materials that are
non-renewable such as wood, and stone and sand for concrete
and asphalt. The project would result in the use of energy,
water and natural gas resources. While the use of natural
resources would be cumulative, the usage will be minimal given
the scale of the project.
~ource:
Proposed Development Plans
City of Tustin, Community Development Department
City of Tustin, Public Works Departments
Mitigation/Monitoring: The applicant shall consult with the
various utility companies which would provide service to the
development to incorporate energy and water conserving systems
and design features into the project. The Community
Development Department shall review plans to assure all
buildings comply with standards contained in Title 24 of the
Uniform Building Code.
10.
Risk of Upset - A and B - "No" - The proposed project would
not result in any significant risk of upset (i.e. explosion,
etc.) given the scope and nature of the proposed residential
development. However, the development is located
approximately 105 feet nor=h of AT&SF railroad and
approximately 38 feet north an open drainage channel[
Portions of the development could risk upset in the event of
a significant train accident in the vicinity as a result of
this facility. The proposed development plans include an 8
foot high masonry block wall along the southern property line
adjacent to the railroad which would provide a buffer between
the development and the railroad. As mentioned in Item 3
above, exposure to flooding is not anticipated as the project
site is located outside the 500 year flood zone.
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 8
Source:
Proposed Development Plans
City of Tustin, Community Development Department
City of Tustin, Police Department
Orange County Fire Department
Mitigation/Monitoring: The following mitigation measures
would be required to be satisfied prior to issuance of any
building permits for the project:
Ail construction shall be in accordance with applicable
Uniform Building and Fire Codes. Such compliance shall
be verified during the plan check process prior to the
issuance of any Building permits and during construction.
11.
12.
population - "Maybe,, - The proposed project is a residential
infill project and would not result in an increase in
population. The site is currently developed with 296
apartment units which are proposed to be demolished and
replaced with 145 single-family detached dwelling units. The
Land Use Element of the General Plan indicates that the High
Density Land Use Designation would generate approximately 2.15
persons per unit. Based upon this rate, the existing
apartment complex could have been expected to generate
approximately 636 persons. Upon development of the proposed
145 single family detached dwelling units, this site could be
expected to generate approximately 471 persons using a rate of
3.25 persons per dwelling unit which is assumed in the Land
Use Element for single-family detached dwellings. Since the
project is an infill project in an existing residential
neighborhood, the project would actually reduce population
density on the property and in the surrounding area.
City of TustJn, Community Development Department
TUstln General Plan, Land Use Element
Mitigation/Monitoring: None Required.
Housinq - "Maybe,, The project site is located within the
South/Central Redevelopment Project Area of tne City. The
proposed project is a residential infill project and would
effect existing housing, but would not create a need for
additional housing beyond what is proposed to be constructed.
The site is currently developed with 296 apartment units which
are proposed to be demolished and replaced with 145 single-
family detached dwelling units.
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 9
The apartment complex was vacated in October of 1990 as a
result of extensive city enforcement activities related to
numerous building, fire, and health and safety code violations
which exist throughout the complex. The dwellings had been
previously determined by the City's Building Official to be
uninhabitable. The property has rapidly deteriorated,
creating a blight on the neighborhood and contributing to an
increase in local crime, drub abuse and vandalism. The City
is keenly interested in ensuring that new housing is
constructed on the site. Improving conditions on this site is
critical to the City's on-going efforts to stabilize recent
decline in this neighborhood in the southwestern portion of
the City and within the South/Central Redevelopment Project
Area.
The proposed new construction of 145 single-family detached
dwelling units would offer new housing opportunities and
eliminate a blighted condition within this portion of the
City. The City's Housing Element has established a goal to
"Increase the percentage of ownership housing to ensure a
reasonable balance of rental and owner-occupied housing within
the City" (Goal 3). The proposed project would directly
achieve this goal by eliminated blighted apartment units and
constructing new single family detached dwellings which would
offer individual ownership opportunities.
Since this project site is within a Redevelopment Project
Area, the issues related to replacement housing and affordable
housing must be addressed. Article 9 of California Community
Redevelopment Law Section 33410 et seq., requires
redevelopment agencies to rehabilitate, develop or construct,
or cause to be rehabilitated, developed or constructed, low
and moderate income dwelling units which are lost as a result
of a redevelopment project. However, in this particular case,
the city, Redevelopment Agency or developer would net be
required to rehabilitate, develop or construct replacement
housing as a result of the loss of units on this property.
Article 9 would only apply when two criteria are met: 1) units
housing persons of low and moderate income are removed from
the market as a result of a redevelopment project; and 2)
households are displaced as a result of the loss of low or
moderate income housing. As previously mentioned, the
existing units have been vacant since October of 1990. Since
no households are being displaced as a result of this project,
the requirements of Article 9 to rehabilitate, development or
construct replacement housing would not apply according to the
City Attorney's Office.
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 10
California Community Redevelopment Law Section 33413(b) (2)
requires that at least 15% of the units developed in a project
by public or private entities other than the Redevelopment
Agency (including such entities receiving Agency assistance)
must be affordable to low and moderate income persons and
households. Of those units, 40% must be affordable to very
low income households (translates to a very low income
requirements of 6% of the total units). The units must remain
affordable for the longest time feasible, but for not less
than the period of the land use controls established in the
Redevelopment Plan, which would be enforced through CC&R's and
deed restrictions on the specific properties. In addition,
Policy 1.4 of the Housing Element promotes dispersion and
integration of housing for low and very low income families
throughout a community as opposed to within a particular
geographic area or neighborhood.
Based upon 145 proposed units, 21 units would need to be
identified as affordable to satisfy the requirements of
Redevelopment Law. Of those 21 units, 13 units would need to
be affordable for low and moderate income households and 8
units would need to be affordable for very low income
households. The State Department of Housing and Community
Development (HCD) publishes figures which are the accepted
standards to determine income eligibility requirements.
Moderate income groups would be those households with incomes
between 81% and 120% of area median; Low income groups between
51% and 80% of area median; and Very Low income groups below
50% of the area median. Based upon published HCD figures as
of June 1994, the median income for a family of four in Orange
County is $58,800. Based upon the median income, the
affordable units would need to affordable to those households
of four with the incomes as follows:
Moderate Income
(120% of median)
$70,560
Low Income $47,040
(80% of median)
Very Low Income
(50% of median)
$39,900
These HCD figures vary depending upon household size and are
adjusted annually to reflect the change in median income over
time. The most current HCD figures would be used for each
particular unit at the time building permits are issued for
each respective unit.
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 11
Source:
City of Tustin, Community Development Department
Tustin General Plan, Housing Element
California Community Redevelopment Law
Tustin Comprehensive Affordable Housing Strategy
U.S. Department of Housing and Urban Development
Mitigation/Monitoring: The applicant shall be required to
develop an affordable housing program in compliance with
applicable provisions of California Community Redevelopment
Law. Selected dwelling units to satisfy affordable
requirements shall be dispersed throughout the development so
as to not concentrate the selected units in any one portion of
the project based on Policy 1.4 of the General Plan Housing
Element. Provisions shall be made in the CC&R's for the
development and separate deed restrictions recorded on each
selected property identifying the affordable housing program,
including, but not limited to, income restrictions and time
limits under the program. Details of the affordable housing
~rogram, as well as provisions contained in the CC&R's and the
separate deed restrictions, shall be subject to the approval
of the Community Development Department and Redevelopment
Agency Attorney prior to the issuance of any permits for the
project or approval of the final map which ever occurs first.
13.
Transportation/circulation - A and D "Yes"~ B "Maybe,,; A, C
and E "No" - Access to the site is provided by a 48 foot wide
private entry from a new proposed cul-de-sac which would
provide access to Newport Avenue. The private entry street is
proposed to include vehicle gates and would include acceptable
vehicle stacking and turn around dimension to accommodate the
project. A secondary gated access to the site is proposed
from the Carfax Drive cul-de-sac located in the northeast
corner of the site. Pedestrian access to the development
would also be provided to the development through the gate
systems. The street system within the tract proposes a main
loop street with a 32 foot wide curb to curb dimension and 5
foot sidewalks on one side of the street within a 37 foot
right-of-way and would accommodate parking on one side of the
streeE. The sidewalk and on-street parking are proposed to be
located on the outside edge of the loop road. Twenty-three
(23) of the units are served directly from the private street.
The majority of the units (122) are served from 24 foot
private drives which access the main loop road. All streets
and facilities within the development are proposed to be
private and will be maintained by a required Homeowner's
Association. A more thorough discussion of the transportation
and circulation issues follows.
Attachment A
zc 94-003, VTT
June 30, 1994
Page 12
Discussion of Environmental Evaluation
14934, CUP 94-007, DR 94-013
Newport Avenue currently terminates at the AT&SF railroad at
the southerly boundary of the project site. It is anticipated
that Newport Avenue would be extended southerly under the
AT&SF railroad and would be realigned to connect with the
existing Del Amo Avenue and a new northbound Edinger
Avenue/SR-55 freeway ramp system within the Pacific Center
East Specific Plan area as shown on the Arterial Highway Plan
in the Circulation Element of the General Plan (Attachment B)
and the Orange County Master Plan of Arterial Highways. The
proposed development plans have identified the realignment of
Newport Avenue along the project frontage, including the
necessary slope area to accommodate the depressed roadway
condition to underpass the AT&SF railroad and flood control
channel. The proposed right-of-way alignment for Newport
Avenue also identifies a new cul-de-sac off of Newport Avenue
which would provide access to this development, as well as the
existing condominium development to the north of the subject
property once Newport Avenue is realigned.
Policy 1.16 in the Circulation Element states that the City
should continue to require dedication of right-of-way and
construction of street improvements on streets adjacent to
construction projects at the developer's expense. City Code
Section 7220 and 9372 would also normally require the
applicant to provide ultimate public improvements for the
development. A dedication requirement without compensation as
a condition of a land use permit would be legally supportable
provided that a "nexus," or reasonable connection, between
the governmental interest and the permit condition can be
made. In other words, a permit condition requiring the
dedication of private property for public use should establish
a relationship between the required dedication and the
proposed development.
That does not mean that a local government can no longer
require dedications of property as a condition of land use
permit approvals. Indeed, dedications for streets, sidewalks,
and other public ways are generally reasonable extractions to
avoid excessive congestion from a proposed property use.
However, a local government should establish a connection
between the dedication requirement and the governmental
interest served by that requirement.
Right-of-way for the realignment of Newport Avenue will be
necessary along the subject property frontage, as well as for
a new cul-de-sac to provide access to the site, and has been
accommodated in the design of the project. Since the ultimate
design of the Newport Avenue realignment has not been
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 13
finalized, the applicant has identified the required right-of-
way and the street improvements to the greatest extent
possible on the access cul-de-sac serving the project.
Although normally a requirement imposed by the City, the
applicant will not be required to construct the ultimate
improvements along the project frontage associated with the
realignment of Newport Avenue which would be constructed by
the City/Redevelopment Agency in the future. However, the
proposed cul-de-sac will be required to be constructed by the
applicant to the ultimate configuration to the greatest extent
possible to provide access to the development and reduce
access inconvenience that will be associated with the
realignment and construction of Newport Avenue in the future.
The applicant has prepared a Traffic Impact Report for the
project which was reviewed and approved by the City of Tustin
Engineering Division and is included as Attachment B to the
Initial Study attached to this report. Newport Avenue is
dlassified as a Major arterial and is currently operating at
a Level of Service (LOS) A in this vicinity. The noted LOS
was derived from the most recent Citywide Annual Average Daily
Traffic (ADT) counts, performed in November of 1993. The
Newport/Sycamore Avenue intersection is currently operating at
LOS A in the AM and PM peaks. The subject project is
estimated to generate approximately 1450 vehicle trips per day
with 110 vehicles per hour during the AM peak hour and 150
vehicle trips per hour during the PM peak hour. The site is
currently vacant and any new development will generate
incremental traffic impacts in the adjacent area, which when
considered cumulatively, will impact the circulation system.
As indicated in the City's General Plan Circulation Element,
the circulation system, once completed with the extension of
Newport Avenue, is designed to accommodate the ultimate
bui!dout of the City of which this property is considered a
part. By ensuring that the required right-of-way is
accommodated for the realignment of Newport Avenue,
construction by the applicant of ultimate improvements on the
proposed access cul-de-sac, and the ultimate construction of
public improvements on Newport Avenue by the
City/Redevelopment Agency, individual and cumulative
significant impacts that would result from the proposed
project would be reduced to an acceptable level. In addition,
it will be recommended that the Redevelopment Agency share a
portion of the right-of-way costs along the project frontage
associated with the realignment of Newport Avenue. This
incentive will be to offset costs associated with the
provisions of affordable housing as discussed later in this
report. The waiver by the City of improvement requirements
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 14
along the entire Newport Avenue frontage would be the City's
"rough proportionate" obligation for right-of-way and
improvements along Newport Avenue.
The Traffic Impact Report assumes that approximately ten
percent of the project trips would utilize the proposed Carfax
Drive access. The Report also indicates that the total
anticipated traffic volume on Carfax Drive attributable to
this project would be seventy (70) vehicles in both the
northbound and southbound directions per day. While it is
expected that there may be some minor delays during the peak
traffic hours, the Report indicates that the roadway will
accommodate the increased traffic demand from this project and
will continue to operate at an acceptable level of service.
Furthermore, the Report analysis indicates that the
Newport/Sycamore Avenue and the Carfax Drive/Sycamore Avenue
intersections will also continue to operate at acceptable
levels of service.
There will likely be short term circulation and access
disruptions of the development during the realignment
construction of Newport Avenue that could prevent access to
the project site along Newport Avenue. It is therefore
essential that the Carfax Drive access be available during
these disruptions to provide alternative access to this
development during the construction of Newport Avenue for a
period of time based upon construction phasing and
construction schedules. Homebuyer notification and provisions
in the CC&R's for the development would be required to notify
potential home buyers of the future plans related to Newport
Avenue so they would have an adequate opportunity to consider
this major circulation facility in the purchase of their home.
The Planning Commission, in considering any public testimony
received at the public hearing, may include additional
mitigation measures at the discretion of the Commission. Some
possible alternatives that could be considered may include:
Limiting vehicle access to either ingress only or egress
only and maintaining full unrestricted pedestrian access.
Restricting access to emergency access only and
maintaining full unrestricted pedestrian access.
It is important to note that any option that the Commission
consider to restrict access to the Carfax Drive cul-de-sac
would also need to accommodate full access to minimize any
circulation and access disruptions of the development during
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 15
the realignment construction of Newport Avenue. It is
anticipated at this time that the Carfax Drive access would
provide alternative access to this development during the
construction of Newport Avenue based upon construction phasing
and construction schedules.
Based on the information contained in the Traffic Impact
Report and the mitigation measures proposed in the Initial
study and incorporated into the project by design and
conditions of approval, the City's Engineering Division has
determined that the impacts that would be created by the
proposed project can be mitigated to an acceptable level.
Source:
City of Tustin, Engineering Division
Tustin General Plan, Circulation Element
Traffic Impact Study
Mitigation/Monitoring: The following mitigation measures
~ould be required to be satisfied prior to issuance of any
building permits for the project:
The applicant shall dedicate required right-of-way along
Newport Avenue to accommodate the ultimate street width,
alignment and area to ensure access to the adjacent
property to the north. The applicant shall enter into a
reimbursement agreement with the Redevelopment Agency for
the dedication area as an incentive for providing
affordable housing under the terms of Redevelopment Law,
subject to final negotiations and terms agreed to by the
Agency and the applicant.
The required right-of-way line shall be located ten (10)
feet behind the curb face around the entire cul-de-sac,
except for the area directly behind the entry island
which shall be five (5) feet behind the curb face.
Ali. dedications shall also stats that the City of Tustin
shall be permitted to obtain, at no cost, a right-of-
entry for all on-site joins when the ultimate street
improvements are constructed. The right-of-entry shall
terminate on the date that the Notice of Completion is
recorded at the Orange County Recorder's Office.
Do
Construction of the entrance cul-de-sac shall be required
with the construction of the first phase of development
or the model complex, which ever occurs first, with an
interim connection to the existing alignment of Newport
Avenue. The design of the cul-de-sac shall accommodate
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 16
the future alignment of Newport Avenue in order to
minimize reconstruction at a future date.
Home buyer notification statements and provisions
contained in the CC&R's for the development shall
indicate that New-port Avenue will be realigned along the
westerly project boundary which may include an underpass
or overpass at the AT&SF Railroad. Construction of this
facility would have potential short term circulation and
access impacts on this development. Specific language of
the notice and CC&R' provisions shall be subject to
review and approval of the Community Development
Department.
14.
Public Services - A, B and F ,,No,,~ C through E; ,,Maybe" - As
previously discussed, the existing 296 apartment unit complex
has been vacant since October of 1990. The subject property
has required a significant amount of City resources in terms
of Police, Fire, Building and Safety and other staff resources
to monitor and secure the property. It is expected that the
proposed development would lessen the need for public services
related to police, fire, public facilities or other
governmental service which have previously been needed on this
property. Even though the total number of dwelling units
would be reduced from that existing, the schools within this
vicinity are impacted and any new students may have a
potential impact on the school district operations.
Source:
City of Tustin, Public Works Department
City of Tustin, Police Department
Orange County Fire Department
Mitigation/Monitoring: The following mitigation measures
would be required to be satisfied prior to issuance of any
building permits for the project:
The applicant shall enter into an agreement with the City
for landscape and maintenance of the dedication area
along Newport Avenue until such time that Newport Avenue
is realigned.
Bo
The applicant shall be required to pay applicable School
Impact Fees to the Tustin Unified School District,
subject to the provisions of any agreement reached
between the applicant and the District.
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 17
15.
16.
Enerqy - A and B "No" - The proposed project would not
result in any significant change in the current use of energy
given that the site is currently developed with 296 apartment
units and new construction would include 145 single family
detached dwelling units. However, new utility service would
be required as is customary with new construction. Electrical
and Gas capacities required for the project are existing and
are adequate to serve the proposed project.
Source: City of Tustin, Public Works Department
Mitigation/Monitoring: Mitigation Measures identified in Item
9 above shall be satisfied.
Utilities - A throuqh F - "Maybe" - The proposed project would
not result in any significant change in the current need for
electricity, sewer, storm drain and water utilities given that
the site is currently developed with 296 apartment units and
hew construction would include 145 single-family detached
dwelling units. However, new utility service would be
required as is customary with new construction. Utilities
required for the project are existing in the vicinity and are
adequate to serve the proposed project.
Source:
City of Tustin, Public Works Department
City of Tustin, Community Development Department
Mitigation/Monitoring: The following mitigation measures
would be required to be satisfied prior to issuance of any
building permits for the project:
no
Ail utilities exclusively serving the site shall be
installed underground.
Mitigation Measures identified in Item 9 above shall be
satisfied.
17.
Human Health - A "No"; B "Maybe" - The proposed development
is a residential development would not itself create
conditions that negatively affect human health. The proposed
project may expose future residents to potential health
hazards. As previously mentioned in Item 10 above under Risk
of Upset, the project is in close proximity to the AT&SF
railroad which would have the potential to effect human health
in the event of a significant train accident in the vicinity
as a result of this facility.
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 18
Proposed Development Plans
City of Tustin, Community Development Department
Orange County Fire Department
Mitigation/Monitoring: The following mitigation measures
would be required to be satisfied prior to issuance of any
building permits for the project:
ao
Ail new construction shall comply with the
Regulation for the development which address
height, building setbacks, allowed uses,
requirements and other development standards.
District
building
parking
Mitigation Measures identified in Item 10 above shall be
satisfied.
Solid Waste - "No" - Pursuant to the City of Tustin Municipal
Code, the proposed development would be required to contract
for trash removal services with the City's contracted hauler.
The solid waste product is transported by the hauler to the
Material Recovery Facility (MRF). Once at the MRF, the waste
is manually and mechanically separated and the recyclable
materials are recovered. This program has been implemented by
the City in effort to meet the State requirements identified
in the Source Reduction and Recycling Element related to the
25 and 50 percent diversion requirements. It is anticipated
that the amount of solid waste will be accommodated within the
City's existing solid waste handling programs and will not
have a significant impact on the City's Solid Waste Handling
services.
Pursuant to the City of Tustin Municipal Code, the applicant
is required to contract for trash removal services with the
City's contracted hauler. The solid waste product is
transported by tke hauler to the Material Recovery Facility
(MRF). Once at the MRF, the waste is manually and
mechanically separated and the recyclable materials are
recovered. This program has been implemented by the City in
effort to meet the States requirements identified in the
Source Reduction and Recycling Element related to the 25 and
50 percent diversion requirements.
Due to the size and the type of use of the proposed project,
it is anticipated that the amount of solid waste will be
accommodated within the City's existing solid waste handling
programs and will not have a significant impact on the City's
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 19
19.
Solid Waste Handling services. The City's existing solid waste
handling program and contracts have been established to
accommodate the development and expansion of new residential
developments within the City.
Source:
Proposed Development Plans
City of Tustin, Community Development Department
City of Tustin, Public Works Department
Great Western Reclamation
Mitigation/Monitoring: The following mitigation measures
would be required to be satisfied prior to issuance of any
building permits for the project:
The applicant will be required to contract for a fee with
the City' contracted solid waste hauler for solid waste
disposal.
~esthetics - "No" - The property is currently developed with
296 apartment units which have been vacant since October of
1990. The property, site improvements, landscaping and
structures, are in poor condition. Many of
have numerous and significant building, fire,
safety code violations as previously mentioned
the existing site and structural improvements
blighted condition within this neighborhood.
development would include the construction of 145 two-story,
three and four bedroom, single-family detached dwelling units.
Details of the project include stucco siding in light beige
tones, boxed soffits, shutters, railings and pot shelves. The
unit sizes range from approximately 1,156 square feet to 1,552
square feet. New site improvements and landscaping would be
provided, including two recreation areas.
the structures
and health and
· Demolition of
would remove a
The proposed
Since the project is located within the South/Central
Redevelopment Project area; Design Review authority rests with
the Zoning Administrator. As previously mentioned, specific
District Regulations are proposed in conjunction with the zone
change request which would establish development standards
such as allowed uses, building setbacks, building heights,
parking requirements and other development standards. The
District Regulations would govern the development of the
project.
The proposed realignment of Newport Avenue has the potential
to effect the visual characteristics along the western
boundary of the property from its present condition. The
realignment of Newport Avenue could possibly be designed as a
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 20
underpass or overpass at the AT&SF Railroad. Depending upon
the final design solutions, locations of roadway structures,
ultimate grades and slopes, and landscaping along the westerly
project frontage would be effected.
Source:
Proposed Development Plans
Tustin Municipal Code
Proposed District Regulations
Mitigation/Monitoring: The following mitigation measures
would be required to be satisfied prior to issuance of any
building permits for the project:
Ail new construction shall comply with the District
Regulation for the development which address building
height, building setbacks, allowed uses, parking
requirements and other development standards.
Landscaping for the site shall be designed and installed
consistent with the City's Landscaping and Irrigation
Guidelines, subject to approval of the Community
Development Department.
Home buyer notification statements and provisions
contained in the CC&R's for the development shall
indicate that Newport Avenue will be realigned along the
westerly project boundary which may include an underpass
or overpass at the AT&SF Railroad. Construction of this
facility would have potential visual impacts associated
with roadway structures, slopes and landscaping.
Specific language of the notice and CC&R' provisions
shall be subject to review and approval of the Community
Development Department.
20.
Recreation - "Maybe" - The project is residential in nature
and could create a demand for additional recreation needs.
Although the property is currently developed with 296
apartment units, residents of single-family detached dwelling
units typically have different recreational needs than that of
apartment residents. The proposed development proposes to
provide a pool and spa facility and a "tot lot" facility for
the enjoyment of the residents. However, pursuant to city
Code Section 9370, no credit for park land dedication would be
provided for these private facilities. The southwestern
portion of the City in which this project is located is
deficient in public park facilities. The closest public park
Attachment A Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 21
is Frontier Park located on Mitchell Avenue, east of Newport
Avenue in excess of one mile from the project site. Access to
the park in discouraged due to need to travel or walk on
Newport Avenue which is a busy commercial corridor in this
vicinity. Pursuant to the City Code, in lieu fees to satisfy
park land dedication requirements would also be required to
ensure that the project would have no impact on quality of
recreation opportunities for the residents of the development.
Source: City of Tustin, Community Services Department
Mitigation/Monitoring: In lieu fees to satisfy park land
dedication requirements shall be provided for this development
in accordance with City Council Reoslution No. 81-7, or other
applicable in lieu fees in effect at the time of issuance of
building permits.
21.
Cultural Resources - A Throuqh D "No" - The subject property
is not located within the City's Cultural Resources Overlay
District, nor are there any identified cultural, historic or
archaeological resources identified on or around the site.
The project will have no impacts on cultural resources.
Source:
City of Tustin Historical Resources Survey
City of Tustin General Plan
City of Tustin, Community Development Department
Mitigation/Monitoring: None Required.
22.
Mandatory Findings of Siqnificancm - As discussed above, the
proposed project involves the demolition of 296 apartment
units which have been vacant since October of 1990 an~ are in
a blighted condition. New construction of 145 single-family
detached dwelling units is proposed. Based upon the responses
to Items 1 - 21 in this Initial Study, the review of City
files, records and documents and the nature of the project,
the project is not anticipated to significantly impact
wildlife, fish, flora, fauna or cultural resources. As
designed and conditioned, the project would not achieve short-
term goals to the disadvantage of long-term environmental
goals, specifically with regard to traffic and circulation,
aesthetics and light and glare. In reference to the project
background discussion provided herein, the project will not
contribute to the demand individually and will have limited
impacts cumulatively. As a result of the preparation of and
Attachment A - Discussion of Environmental Evaluation
ZC 94-003, VTT 14934, CUP 94-007, DR 94-013
June 30, 1994
Page 22
as discussed in this Initial Study, mitigation measures have
been identified and have either been implemented in the
project's design or will become Conditions of Approval. Any
possible impacts associated with this project have been
mitigated to a level of Insignificance.
Sources: As previously stated.
Mitigation/Monitoring: As previously stated.
DF :br/TT 1493~*. ENV
WPA
Iii, II .z s 199
Traffic F. ngineering, In J. l 'li-i
TRAFFIC & TRANSPORTATION ENGINEERING
May 25, 1994
Ms. Camille Courtney
D & D Development Company, Inc.
711 E. Imperial Highway, Suite 200
Brea, CA 92621
I ECEIVED
NAY 2 7
C0M.~,~UNITY DEVELOPMENT
BY
SUBJECT: '1 RACT 14934, TUS~CIN
Dear Ms. Courmey:
This letter report is to supplement our May 18, t994 report on the subject project. The
purpose of this supplement is to examine potential project traffic impacts upon Carfax
Drive and the intersection of Carfax Drive and Sycamore Avenue.
An estimate of trips to be generated by the subject project was contained in our May 18,
1994 report. That report also assumed that 10 percent of the project trips would utilize
the Carfax Drive access, primarily due to the location o£schools and other facilities along
Red Hill Avenue. Based upon these estimates, the project traffic usage of Car[ax Drive
was developed and is summarized in Table 1.
Traffic counts were conducted at the intersectioa of Carfax Drive and Sycamore Avenue
during the AlVl and PM peak hours, in order to quantify existing traffic conditions.
These counts are summarized in Appendix A. The intersection is presently controlled
by STOP signs on all approaches. The intersection operation was evaluated utilizing the
Ali-Way Stop-Controlled iutersecdon methodology developed by Ivlichael Kyte o[ the
ATTACHMENT B
680 Langsdorf Drive * Suite 222 * Fullerton. CA 92631 * (714} 871-2931 * FAX:I714) 871-0389
TABLE 1
PROJECTTRIPS - CARFAX DRIVE
Tract 14994
.TRIPS
PERIOD NORTHBOUND SOUTHBOUND
Dai/y 70 70
AM Peak Hour 10 5
PM Peak Hour 5 10
University of Idaho. (This procedure is to be included in the next revision of the
Highway Capacity Manual.) These analyses are contained in Appendix B and
summarized in Table 2. Review of Table 2 iudicates no change in average vehicle delay
or Level of Service with project traffic added to the e~sting conditions.
The traffic counts indicated a total two-way volume on Carfax Drive, southerly of
Sycamore Avenue, of Sl during the AM peak hour and 6l during the PM peak hour.
Typically, peak hour volumes are appro."dmately 10 percent of the daily volumes. On
this basis, it is estimated that the current daily traffic volume on Carfax Drive is 600
vehicles. The project would add an estimated 140 daily trips, raising the total to 740
daily trips. This volume is below the level of 1,500 to 2,000 vehicles per day, which is
typical for a local residential street.
In summary, the potential project traffic usage of Carfax Drive would not have a
significant impact. Analyses indicate no change iu average delay or Level of Service at
the Car,tax Drive/Sycamore Avenue intersection. In addition, the projected daily traffic
volume of 740 vehicles on Carfax Drive is well within acceptable levels for residential
streets.
We trust that these additional analyses will be of assistance to you and the City of Tustin.
If you have any questions or require additional information, please contact us.
Respectfully s Jb,nitred,
WPA TRAFFIC ENGI~.EERING, INC.
Weston S. Prfhgle, P.E.
Registered Professional Engineer
State of California Numbers C16828 & TR565
WS P:ca
#940570A
-4-
TABLE 2
CAtLFAX DRIVE/SYCAMORE AVENUE OPERATIONALANALYSIS
Tract 14984
EXISTING +
EXISTING CONDITIONS PROJECT CONDITIONS
AVERAGE AVERAGE
PERIOD DELAY/VEHICLE LEVEL OF DELAY/VEHICLE LEVEL OF
(Second~) SERVICE (Seconc~) SERVICE
A/VI Peak Hour 9 B 8 B
PM Peak Hour 4 A 4 A
APPENDIX A
TRAFFIC COUNTS
Sycamore & Carfax
APPENDIX B
INTERSECTION ANALYSES WORKSHEETS
AJl-'~'ay SIop-Controllcd In~crsccfion~ 19
INPUT WORK$IIEET
Analyst: '~/ Time Period A~nal)=ed:
G EOM.~.i leciC$:
North
IDENTIF-Y l]q DIAGRAM:
1. Number of lanes
2. Movements by lane
3. North arrow
EW Street
TRAk 1" lC VOLUMF~:
dl-%:a.v $~op-Conlrollcd Im¢:s¢ctions
'[ VOLUME SUMMARY WORK,SHEET -
EB ~ NB SB
~ (3) RT Volume
I
~ u) ~=k Ho~ ~0~,o~ / / / /
i (5)LT ~ow Ra,e. (I)/(~) ~ ~ ~ ]0~
(I0) Proportion RT. (7)/(8) 0,0~ '0, JO 0.~ 0./~
(II) Opposin~ Approach (Diremion)
(12) ~nflicting Approach~ (Diremio~)
.) Opposing Approach Row Rate
(15) ' ~nflicting Approach~ ~ow Rate
(~) ,,o~.~o.. s~i.~ .pp,o.~ m~ ~a,~. (Z3)/(]~) 0,~
(18) Pro~rdon. OpposingApproach~owRale.(14)/(l~ 0.dd O,~q 0. /( 0,0~
(19) Pro.trion. ~nflicting Approach~ Row Rate. (15¥(16)
(20) LT, Op~sing Approach
(21~ RT, Op~sing Approach~____
(22) ' LT. ~nflicting Approach= //~
(24) Pro~nion LT. Opposing ApproacS.
(25) Proof,ion RT. Opposing Approac,. (21)/(14)
(26) Pro~rtion LT, ~nnicting Approach=, (22)/(15) I0, ~ ~ O, ~ O, O~ O, 0/
(27)_ Proportion RT. ~nflic,ing Approach=. (~)/(15)
~' ~?' S~op-Con~rollcd ln~c,~¢ctions "1
CAPACITY ANALYSIS WORKSItEET
EB '~,'B NB SB
(1) Proportion. Subject Approach Flow Rate 0. ~ 0. ~/z-/ 0. O3 0.1~-~
(2) Proportion. Opposing Approach Flow Rate 0.
($) LaneS on Subject Approach
(,~) LaneS on Opposing Approach I I I /
rs) +~ooo ~ (u 3qO'
Cs) -]oo x (~) -/oO -/Ct3 --/~ -/00
~10) Propomion LT. Opposing Approach 0 ·
II) Proportion RT. Op~sing Approach O. ;0 O.
12) Proportion LT. ~nfliming Appr0ach~ 0,~ O, 7~ O, 0 / O'O /
13) Proponio~RT. ~nfli~ing Approach~ O, Cq 0,¢~ C. d 7 0'07
,8) (m+(m+o~)+o~
]g) Approach Opa~, (9)+(18)
· aOl'Way S~op-Controllcd lnter's¢cti~
LEv'EL OF SERVICE WORKSHEET
(I) i Approach Flow Rate
(2) Approach Capaci .ty
(3) ] Volume/Capacity Ratio, (1)/(2)
(5) J Level of Service (from table)
EB WB NB
o. ~o 0,£/
/0 ¢'2-
SB
I.z'vel of Service (Iraersection) . 5
Level of Service Criteria
LOS Average Stopped Delay, set'eh
A <5
B .5. 10
C 10 - 20
/~ 20- So
E 3O - 45
F > 45
INPUT WORKSIIEET
GEOMk. i KICS:
North
C_~-b ~ no,dS
NS S~cct: ~
1DENTIF'Y IN DIAGRAM:
1. Number of lan~s
2. Movements by lane
3. North arrow
TR.AF t~ iC VOLUMES:
VOLUblE SUMMARY WORKSHEET
IEB ~ NB SB
(I) LT Volume 17 5 G Il
(2) wi ..0 q3 P V /
(3) RT Volume / 4 /~ O 9
(I0) Proportion RT. (7)/(8) 0, 05 O tO5 O.~ O.G/
(11) Opposing A~proach (Direction) ~;~ ~ ~ ~
(12) ~nflicfingApproach=(Dirc=io~) ~,~ ~O,~ ~8,~J~ ~,~
(16) Total Ime=eedon How Ra,e. (13)+(14)*(15) O0 7 O 0 7 007 ~
(17) Proponiom $ubje= Approach now Ra,~ (13)/(10 0.~ d,~q 0.0 Z O,0
(18) Pro.trion. Opting Approach now ~,e. (14)/(16) 0, ff~ O, d0 O' Oq 0. O~
(19) Pro.trion, ~nnicdng Approac,= Ro~ Rate. (15)K~6) 0. O0 0. O0 0' ~ ~ O' 0~
(20) LT. Op~sing Approach 5 / V / / O
(22) J LT, ~nnicdng A~proach~ ~' , / ¢¢ g~
I
(2~) Pro~aion LT, Opposing Approach. (20)/(11) 0. 0~ 0. 00 0 50 0.~ '
(~) Pro.trion RT, Opposing Approach. (21)/(1~) 0, O5 0. O~ : 0,4/ 0. ~
(26) Pro~rtion LT. ~nnicting Approach=, (22)/(15) 0'~q 0. ~q 0. O~ 0. Oq
(27) Proportion RT.~nflicting Approach=. (=)/(15) 0' ~5 0'O 0 05 0,05 ..~
.: 3y SIop-Con[rollcd [ntc~cction$ 2!
CAPACITY ANALYSIS
~I) Proportion, Subj~ Approach ~o~ Rate
'2) Proportion. Opposing Approac~ ~o~
3) bn~ on Subj~ Approach
I0) Proportion LT. Opposing Approach
12) Proportion ET, ~n~iming Approach~
13) Proportion RT, ~nni~ing Approach:
LEXTEL OF SERVICE WORKSHEET
I(I)
(2)
(3)
(~)
Approach Flow Rate
^pproach Capacity
Volume/Capacity Ratio, (i)/(2)
Delay = ex'p[ 3.8 x (3) ]
Level of ,Service (from table)
Average D¢la7 (Ira~r::ecrion) . ~ (~¢~ z Volume). d
I2'~l or' Service (Iraers¢crion) . J~
I..~vel of Service Cr/terla
I
LOS
[ Average Stopped Delay, sec/veh
A <5
B 5- 10
C 10-20
D 20 - 3O
E 30 -
F > 45
/Kll-~3y S[op-Conlrnllcd Inlcfscctior,
INPUT WORK$1IEET
Project No: '
G EOMETRICS:
North
IDENTIFY IN DL~GR.AM:
1. Number of lan~
2. Movements by lane
3. North armw
TRAFFIC vOLUMF-~:
20
"-J VOLUME SUMM. A. RY WORK_SHEET
EB W'B NB SB
(1} LT Volume
(3) RT Volume / ~ ~0 R V ~O
(9) Pro.trion LT. {S)/(8) O, 0/
(I0) Proportion RT. (7)/(8)
(11) Opposing Approach (Direction)
I
(15) ~nfliming Approach~ Bow Rate /O~ /O 5 705 7& 5
(18) Pro.trion. Opposing Approach ~ow Rate.
(19) Pro~rtlon, ~nflicting Approachm Row Rate. (15V(16) 0, ]
(20) LT, Op~sing Approach
(22) LT. ~nflicting Approach= //5 //5 J }g /~ J
(~) RT. ~n~i=ing Approach= ~7 ~ 7 5~ 5~
(24) JPro~nion LT, Opposing Approach.
(25) Pro,trion RT. Opposing ApproacS. (21)/(14)
(26) Pro,trion ET. ~nflicting Approach=. (~)/(15) 0, ~0 0. T0 'D. 0 ~ O. 0~
(2~) Proportion RT, ~nflicting Approach~. (~)/(15) O, 2~ O, Cg O, 07 O. 07
CAPACITY ANALYSIS WORK$1tEET
ED 'A,'B NB SB
(~) propo.io.. S.bi~ Approa¢~ no~. Ra,~ 0. ~g 0, qL/ 0, 0 ~/ O. /~/
(2) Propordon. Opposing Approach Flow Rate 0. L/L/
(3) Lanes on Subjem Approach / ! / /
(4) Lanes on Opposing Approach J J / /
(7) +200 x (3)
(8) -10o x (4) ~/OO -/oo -/OO - /oo
(I0) Proportion LT, Opposing Approach 0,O~ O.
(11) propomion RT, Op~sing Approach
(12) Propordon LT, ~nfliming Approach~
(13) J Ptoponio~ RT, ~nfliming Approach~ 0.2 [ 0.~' O 07 0. 07
(~) -~o2) -~/0 -~10
AJI- ~'~.v $~op-ControHcd
LEVEL OF SERVICE WORKSHEET
I
(I) [ Approach Flow Rate
(2) [ Approach Capacity
!
(3) [ Volume/Capacity Ratio. (I)/(2)
'7~7
f..~el of Service (Intersection)
Level of Servlt-,. Criteria
I
LOS [ Average Stopped Delay,
A [ <5
B 5- 10
C 10 - 20
D 20 - 30
E 3O - 45
F · 45
INPUT WORK$1IEET
A~alyst:
~,,a. C14oD,70
Proje~ No:
G EOMETRJCS:
North
Ns st~t: _.C//~.~.4--...v'
IDENTIFY IN DIAGR. A3~
I. Number of lanes
2. Movcment~ by lane
3. North arrow
EW Strew!
,y
TRAr ~. ~C VOLUMES:
Aooroach LT TH RT Total PHF
~ /'7 ¢¥a 14/ ~7¢ I. oo
_~ /~ ,~-7-7 I& ~o2;' I. oO
' ~/ /.oo
..... ""~ '¢ -j / ~ /¢ 1 /. oo
s~ j //. 2 ~ I ,z2._ j
VOLUME SUMMARY wOPOCSHEEW ·
EB ~ NB 1 SB
0) LT Vo'um¢ /7 /6 6, //
(9) Pro~r~ion LT, (5)/(8) O. 0G 0,0 5 0' ~ 0. N O
(10) Proportion RT. (7)/(8)
(11) Opposing A~proach (Direction)
(12) ~n~ictin~ Approach~ (Diremio~)
.z) Opposing Approa~ mow ~,c
(16) Total Intent=ion ~ow Rate. (13)+(14)+(15)
(17) Proportion. Subje= Approach ~o~ Rate. (I3)/(]~
(18) Pro~rtion. Opposing Approach ~o* ~*e. (la)/(l~ 0. ~0 0,
(19) Pro~rtion. ~nnicting Approach= ~ow Ra~e. (15y(16) 0
(20) , LT, Op~sing Approach /
(21) P,T, Op~sin~ Avproach=
(23) RT, ~nfii~ing Approach~
3o
(2~) Pro~nion LT. Opposing Approach. (20)/(1~) 0.0~
(25) Pro.trion RT. Opposing Approach. (21)/(I~) 0. O
(26) Pro~rtion LT. ~nflicting Approach=. (22)/(15) 0.
~7) Proportion RT. ~nflicting Approachm. (~)/(15) 0,
M. ay SIop-C~)nJ~olicd In~m.'-s¢clions 21
CAPACITY AJNALYSIS WORKSIIEET
EB V~'B i NB SB
Propordon. Subject Approach Flow Ra~e 0, L/C/ ! 0. ~O O- 0
Proportion. Opposing Approach Flow Rate 0.50 0, c/~ 0. 0
I.~nes on Subject Approach / / / /
L~ncs oa Opposing Approach [ / /
+~ · (~ ~0 ~oo ~0
+~ x (3) ~oo ~oo ~ ~oo
P~oponion LT. Opposing Appro~cD 0,0 E 0, 0 ~ 0.
Propo~ion RT. Op~in~ Approach 0.0 ~ O. 0 ~ 0,4/ O. ~ /
Propordon L?. ~nflimin~ Appro~cDm 0. ~D 0. ~D
ProponiomRT. ~nflimi,~ Appr0~cD: 0. ~0 O. ~0 O.
.3mx00) -- t~ -/~ -/~O -~¢
.3~(u~ -/Z9 -1%9 -15 -15
+]~(u) 15o 15o
Approach Opad~. (9)+(18) qO& 9~/
AJI- %V3y Stop-ControHcd
(3)
(4)
LEVEL OF SERVICE WORKSHEET
EB WB NB SB
~-Tq
qo6, q'Zl ~,~ I~q
Approach Flow R~te
Approach Capacity.
Volume/Capacity Ratio. (1)/(2)
Delay = exp{ 3.8 x (3) ]
Level OJ' S~rvic~ (h'om table)
o. :zq o,~_
~ 2_.
?..15'7-
~e m~ q.~,~o.) - ~ (m~ · voL). ~
l..z~el of Service (Imersecrion) - ~
I.~vel o[ Se~/ce Cfiteda
LOS Average S~opped Delay, sec/veh
A <5
B 5- 10
C 10-20
D 20 - 30
E 30 - 45
F > 45
CITY COUNCIL
ORDINANCE & RESOLUTIONS
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RESOLUTION NO. 94-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION
AS ADEQUATE FOR ZONE CHANGE 94-003 AND VESTING
TENTATIVE TRACT MAP 14934 INCLUDING REQUIRED
FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
ae
The request to approve Zone Change 94-003 and
Vesting Tentative Tract Map 14934 are considered
"projects" pursuant to the terms of the California
Environmental Quality Act.
Be
A Negative Declaration has been prepared for this
project and has been distributed for public review.
Whereby, the City Council of the City of Tustin has
considered evidence presented by the Community
Development Director and other interested parties
with respect to the subject Negative Declaration.
The City Council has evaluated the proposed final
Negative Declaration and determined it to be
adequate and complete.
II.
A Final Negative Declaration has been completed in
compliance with CEQA and State guidelines. The City
Council, having final approval authority over Zone Change
94-003 and Vesting Tentative Tract Map 14934 has received
and considered the information contained in the Negative
Declaration, prior to approving the proposed project, and
found that it adequately discussed the environmental
effects of the proposed project. The City Council has
found that the project involves no potential for an
adverse effect, either individually or cumulatively, on
wildlife resources and makes a De Minimis Impact Finding
related to AB3158, Chapter 1206, Statutes of 1990. On
the basis of the initial study and comments received
during the public review process, the City Council has
found that, although the proposed projects could have a
significant effect on the environment, there will not be
a significant effect on it in this case because
mitigation measures identified in the Negative
Declaration have been incorporated into the project which
mitigate any potential significant environmental effects
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Resolution No. 94-100
Page 2
to a point where clearly no significant effect would
occur and are identified in Exhibit A to the attached
Negative Declaration and initial study and are adopted as
findings and conditions of Planning Commission Resolution
Nos. 3289, and 3290, incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 15th day of August, 1994.
THOMAS R. SALTARELLI
Mayor
MARY E. WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 94-100
MJ~RY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is 5; that the above and foregoing
Resolution No. 94-100 was duly and regularly introduced,
passed, and adopted at a regular meeting of the Tustin City
Council, held on the 15th day of August, 1994.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
MARY E. WYNN
City Clerk
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ORDINANCE NO. 1138
AN ORDINA~NCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE
94-003 TO CHANGE THE ZONING FROM R-3
(MULTIPLE-FAMILY RESIDENTIAL) TO PC (pLANNED
COMMUNITY - RESIDENTIAL) INCLUDING RELATED
PLANNED COMMUNITY DISTRICT REGULATIONS ON THE
PROPERTY LOCATED AT 14882 - 14942 NEWPORT
AVENUE AND DESCRIBED AS ASSESSOR'S PARCEL NO.
432-011-21
The City Council of the City of Tustin does hereby ordain
as follows:
I. The City Council finds and determines as follows:
That an application has been filed by D&D
Development Company, Inc. requesting approval
of Zone Change 94-003 to change the zoning
from R-3 (Multiple-Family Residential) to PC
(Planned Community - Residential) including
related Planned Community District Regulations
on the property located at 14882 - 14942
Newport Avenue and described as Assessor's
Parcel No. 432-011-21.
That a public hearing was duly noticed, called
and held on said application on July 25, 1994
by the Planning Commission and on August 15,
1994 by the City Council.
That a Negative Declaration has been prepared
in accordance with the provisions of the
California Environmental Quality Act for the
subject project.
Proposed Zone Change 94-003 would provide for
a single-family detached dwelling unit project
which is presently limited in the southwest
portion of the City.
Proposed Zone Change 94-003 would be
consistent with all elements of the General
Plan, particularly the Land Use and Housing
Elements with placement and encouragement of
owner occupied dwellings.
Fo
That the project has been reviewed for
consistence with the Air Quality Sub-Element
of the City of Tustin General Plan and has
been determined to be consistent or has been
conditioned to be consistent with the Air
Quality Sub-Element.
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Ordinance No. 1138
Page 2
Proposed Zone Change 94-003 would not be
detrimental to the public health, safety and
general welfare in that the zone change would
accommodate the demolition of an existing 296
unit apartment complex which has been vacant
since October of 1990 and has created a blight
on the neighborhood and contributed to an
increase in local crime, drug abuse and
vandalism.
II.
The city Council hereby approves Zone Change 94-
003, to change the zoning from R-3 (Multiple-Family
Residential) to PC (Planned Community -
Residential) and adopts related Planned Community
District Regulations on the property located at
14882 - 14942 Newport Avenue and described as
Assessor's Parcel No. 432-011-21 as shown in
Exhibit A and the Planned Community District
Regulations contained in Exhibit B attached hereto.
PASSED AND ADOPTED by the City Council of the City of
Tustin at a regular meeting held on the 15th day of
August, 1994.
THOMAS R. SALTARELLI
Mayor
MARY E. WYNN
city Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO. 1138
MARY E. WYNN, City Clerk and ex-officio Clerk of the city
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and
foregoing Ordinance No. 1138 was duly and regularly
introduced, passed~ and adopted at a regular meeting of
the Tustin City Council, held on the 15th day of August,
1994.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
MARY E. WYNN
City Clerk
EXHIBIT A
ZONE CHANGE 94-003
14722 ~ ~. I
SYOAMORE
~' .... ,14752
14772 1~ . MEAR LN. ' ~ 1478:
RAON AV. o ~4B32
PROJECT
_.... ~........____~ __ _ ____ SiTE ~
EXISTING ZONING: R-3 (MULTIPLE-FAMILY RESIDENTIAl.)
PROPOSED ZONING: PC (PLANNED COMMUNITY - RESIDENTIAL)
14882 - 14942 NEWPORT AVENUE
A.P. #: 432-011-21
RENAISSANCE
PLANNED COMMUNITY DISTRICT REGULATIONS
Prepared by:
CITY OF TUST?N
COMMUNITY DEVEI.OPMENT DEPARTMENT
300 Centennial Way
Tustin, CA 92680
(714) 573-3105
Adopted by the Tustin City Council
Ordinance No.
August ,1994
EXHIBIT B
RENAISSANCE
PLANNED COMMUNITY DISTRICT REGUALTIONS
TABLE OF CONTENTS
1.0 INTRODUCTION
2.0 STATISTICAL SUMMARY
3.0 LAND USE REGULATIONS
3.1 Purpose & Intent
3.2 Permitted & Conditionally Permitted Uses
3.3 Temporary Uses
3.4 Unlisted Uses
3.5 General Development Standards
4.0 IMPLEMENTATION/ADMINISTRATION
4.1 Responsibility
4.2 Interpretations
4.3 Subdivisions
4.4 Variances, Conditional Use Permits, Use
Determinations and Other Discretionary
Actions
4.5 Amendment to District Regulations
4.6 Enforcement
4.7 Housing Program
4.8 Severability Clause
DF:TT14934.REG
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1.0 INTRODUCTION
The regulations set.forth in this set of District Regulations for
the Renaissance Planned Community have been established to satisfy
the Planned Community District requirements of the Tustin City Code
and to provide diversification among the relationships of uses,
buildings, and structures in planned building groups. The
application of these regulations is specifically intended to
encourage the appropriate use of land and create a harmonious
residential development to protect the health, safety and general
welfare of the community and provide the flexibility needed to
create a quality environment.
Development within the Renaissance Planned Community shall occur
pursuant to these Planned Community District Regulations.
2.0 STATISTICAL SUMMARY
The Renaissance Planned Community is approximately 10.14 acres in
size and includes 145 single-family detached dwellings. The
conceptual site plan for the development is shown in Exhibit 1.
The initial development includes a total of three different floor
plans which are as follows:
Lot Size Unit Size Bedrooms Baths Garages
(Approx.) (Approx.)
Plan 1 1,705 s.f. 1,156 s.f. 2+[oft or 3 2.5 2 Car Enclosed
Plan 2 1,870 s.f. 1,267 s.f. 2+den or 3 2.5 2 Car Enclosed
Plan 3 2,200 s.f. 1,552 s.f. 3+loft or 4 2.5 2 Car Enclosed
It is recognized that the above figures are approximate and are
subject to change during the development of the construction
drawings. In addition, as the development matures, homeowners may
choose to modify their individual homes with respect to items such
as total square footage and room counts which would also effect
these figures. No changes to this Section of the District
Regulations would be required with respect to future changes and
adjustments to the development. However, any new construction,
alterations or modifications to the development or individual
properties would need to comply with all applicable provisions
contained in Sections 3.0 and 4.0 of these District Regulations.
Renaissance Planned Community District Regulations 1
EXHIBIT I
3.0 LAND USE REGULATIONS
The land uses and development standards within this Section act as
a principal part of the controlling mechanism for implementation of
the Planned Community District designation for this development.
Standards set forth in this Section will ensure that future
development within the Renaissance Planned Community as the
community matures proceeds in a consistent and appropriate manner.
3.1 Purpose & Intent
The Renaissance Planned Community is intended to provide small
lot, single-family detached dwellings situated on private
streets and drives. The development includes common
recreation facilities for the enjoyment of all residents. A
Homeowners Association will be created to ensure adequate
maintenance and management of the development and common area
amenities. The Renaissance Planned Community is located
within the City's South/Central Redevelopment Project Area and
would offer new ownership housing opportunities and eliminate
a blighted condition within this portion of the City.
3.2 Permitted & Conditionally Permitted Uses
Ail uses identified in the R-1 District of the Tustin City
-Code as permitted uses shall be permitted by right within the
Renaissance Planned Community. All uses identified in the R-1
District of the Tustin city Code as conditionally permitted
shall be allowed, subject to the approval of a Conditional Use
Permit, within the Renaissance Planned Community.
3.3 Temporary Uses
Temporary uses shall be regulated pursuant to the applicable
sections of the Tustin City Code.
3.4 Unlisted Uses
Those uses not specifically listed are subject to the
determination of the Community Development Director as either
permitted by right, subject to the approval of a Conditional
Use Permit or not allowed consistent with the purpose, intent
and similar to the allowed uses in the Renaissance Planned
Community. Decisions of the Director are appealable to the
Planning Commission.
3.5 General Development Standards
A. Minimum Lot Size: 1,700 square feet
B. Lot Coveraqe: 100% less setbacks and open space areas
Renaissance Planned Community District Regulations 2
Open Space: 400 square feet per unit which may be
included in common area; A minimum of 150 square feet
shall be provided for private use provided such area is
located on a ground level and open on three sides. Areas
excluded from the open space requirement include all
structures, private streets, private drives, above ground
patios and parking lots.
Buildinq Setbacks
Tract Boundary: The minimum building setback from
any tract boundary shall be 5 feet.
Public/Private Streets: The minimum building
setback from a public or private street shall be 10
feet. The minimum building setback may be reduced
to 8 feet for no more than a maximum of 10 feet of
a building elevation. An attached garage may be
setback a minimum of 5 feet from a public or
private street. If living areas are provided above
garages, garage setbacks shall apply.
Private Drives: The minimum building setback from a
private drive shall be 7 feet. An attached garage
may be setback a minimum of 3 feet from a private
drive. If living areas are provided above garages,
garage setbacks shall apply.
4 o
Side Yard: The minimum side yard setback not
adjacent to a public/private street or private
drive shall be 3 feet.
Rear Yard: The minimum rear yard setback shall be 8
feet.
Buildinq Heiqht: 35 feet, including roof mounted
equipment.
Projections Into Required Setbacks
Covered patios~ trellis or canopies shall not cover
more than 50 percent of the private open space, and
in no event closer to property lines than would be
permitted by the Uniform Building Code.
Eaves, cornices, chimney, balconies and other
similar architectural features shall not project
more than 2 feet into any required building
setback, and in no event closer than would be
permitted by the Uniform Building Code.
Renaissance Planned Community District Regulations 3
Locations of swimming pools and/or spas shall
conform with City Code Section 9271(o).
Fences, Walls & Hedqes: Top of wall, fencing and hedges
shall be a maximum of 6' - 8" in height measured from the
highest adjacent grade level and subject to visual
clearance requirements. The maximums may be exceeded
when a greater height is requried as a noise mitigation
identified in a noise report approved by the Community
Development Director.
Parkinq Requirements:
A minimum of two enclosed garage spaces shall be
provided for each dwelling unit. In addition, a
minimum of .5 open and unassigned parking spaces
per each dwelling unit shall be provided within the
development either in marked parking spaces and/or
accommodated by on-street parking.
Parking area dimensions, locations and access shall
conform to the city's design review criteria on
file in the Community Development Department. At a
minimum, garages shall be a 18 feet wide by 19'-6"
deep inside clear dimension. Open parking spaces
shall be a minimum of 9 feet wide by 20 feet deep,
or 9 feet wide by 17'-6" deep with a 2'-6" overhang
into an unobstructed landscaped planter.
3 o
On-street parking credit for open and unassigned
parking will be permitted at the rate of one space
for each 22 feet of linear curb frontage, excluding
no parking areas adjacent to fire hydrants and
visual clear areas at corners to satisfy adequate
line of sight requirements. Credit may be given at
the rate of one space for each 18 feet of linear
curb length if at least one end of the space is
unobstructed by another parking space.
No parking shall be permitted at any time within
driveways.
4 o
Automatic garage door openers shall be required on
all units.
Renaissance Planned Community District Regulations 4
-- I. Private Street Standards
1. Private Streets
Private streets with no parallel parking
within the travel way shall have a minimum
paved width of 28 feet.
bo
Private streets where on-street parking will
be limited to one side only shall have a
minimum paved width of 32 feet.
Co
Private streets where on-street parking will
be permitted on both sides of the street shall
have a minimum paved width of 36 feet.
The total right-of-way for purposes of
determining minimum paved width and
establishing setback lines shall include the
paved width and any parkway in accordance with
Standard B102 of the City's Construction
Standards for Private Streets, Storm Drains
and On-Site Private Improvements.
eo
Sidewalks shall only be required on one side
of a private street as conceptually shown on
Exhibit 1 of these District Regulations.
Sidewalks, where provided, shall be designed
in accordance with Standard B102 of the City's
Construction Standards, Storm Drain and On-
Site Private Improvements and subject to
compliance with applicable accessibility
requirements of the American Disabilities Act,
Title 24 of the Uniform Building Code as
locally amended, and the Department of Housing
and Urban Development's Fair Housing
Accessibility Guidelines.
Ail private streets and related improvements
shall be constructed in accordance with the
City's Construction Standards for Private
Streets, Storm Drain and On-Site Private
Improvements, except as otherwise provided
above.
Private Drives
so
Private drives with perpendicular parking
outside of the travel way shall have a minimum
paved width of 24 feet.
Renaissance Planned Community District Regulations 5
bo
The private drive shall not be more than 150
feet in length and serve no more than eight
units. In determining the maximum 150 length
of a drive, an extension of the right-of-way
line from the street the drive takes access
from shall be drawn across the drive entrance
and measurement shall be taken to the end of
the private drive. Minor punchouts which are
not more than 3 feet in length at the end of a
private drive shall be excluded in calculating
the maximum length of a court.
Where private drives dead-end, they may end in
cul-de-sacs, hammerheads or punchouts as long
as adequate maneuverability and turning radius
is provided for vehicles, including emergency
vehicles and trash trucks.
do
The total right-of-way for purposes of
determining minimum paved width and
establishing setback lines shall include the
paved width and any parkway in accordance with
Standard B102 of the City's Construction
Standards for Private Streets, Storm Drains
and On-Site Private Improvements.
Ail private drives and related improvements
shall be constructed in accordance with the
City's Construction Standards for Private
Streets, Storm Drain and On-Site Private
Improvements, except as otherwise provided
above.
Other Development Standards
Any development standards which are not specifically
identified within the District Regulations shall be
subject to the applicable provisions of the Tustin City
Code.
4.0
4.1
IMPLEMENTATION/ADMINISTP. ATION
ResDonsibiiit¥
The Community Development Department of the City of Tustin
shall be responsible for the administration and enforcement of
provisions of these regulations.
Renaissance Planned Community District Regulations 6
4.2 InterDretations
If ambiguity arises concerning the appropriate application of
provisions contained in these District Regulations, the
Community Development Director shall make the appropriate
determination. In making these determinations, the Director
shall consider the following, but not by way of limitation:
Prior administrative
provisions;
interpretation of similar
General intent and purpose of the Renaissance Planned
Community District Regulations;
C. Provisions contained in the General Plan; and
Other provisions of the Tustin City Code where standards
do exist.
Any decision of the Director may be appealed to the Planning
Commission.
4.3 Subdivisions
4.4
'Ail divisions of land shall be processed in accordance with
the Tustin City Code and State Subdivision Map Act.
Variances, Conditional Use Permits, Use Determinations,
Temporary Uses and Other Discretionary Actions
Ail applications shall be processed in accordance with the
Tustin City Code.
4.5 Amendment to District Requlations
Any amendment to the Renaissance Planned Community District
Regulations contained herein which change the allowed uses
within the development, impose any regulations upon property
not therefore imposed, or removes or modifies any such
regulation shall be initiated and processed in the same manner
set forth in the Tustin City Code for amending the Zoning
Code.
4.6 Enforcement
The Renaissance Planned Community District Regulations are
adopted by Ordinance and are therefore subject to penalty
provisions of the Tustin City Code. Specifically, violations
of land use or development standards shall be subject to
penalty provisions and citation procedures of the Tustin City
Renaissance Planned Community District Regulations 7
Code, in addition to the City's authority to seek civil
litigation in a court of law.
Subdivision map and development plan conditions imposed
pursuant to City Code shall also be subject to penalty
provisions and citation procedures of the Tustin City Code.
4.7 Housinq Proqram
California Community Redevelopment Law Section 33413(b) (2)
requires that at least 15% of the units developed in a project
by public or private entities other than the Redevelopment
Agency (including such entities receiving Agency assistance)
must be affordable to low and moderate income persons and
households. Of those units, 40% must be affordable to very
low income households (translates to a very low income
requirements of 6% of the total units). The units must remain
affordable for the longest time feasible, but for not less
than the period of the land use controls established in the
Redevelopment Plan, which would be enforced through CC&R's and
deed restrictions on the specific properties. In addition,
Policy 1.4 of the Housing Element promotes dispersion and
integration of housing for low and very low income families
throughout a community as opposed to within a particular
geographic area or neighborhood.
Based upon 145 proposed units, 21 units would need to be
identified as affordable to satisfy the requirements of
Redevelopment Law. Of those 21 units, 13 units would need to
be affordable for low and moderate income households and 8
units would need to be affordable for very low income
households. The State Department of Housing and Community
Development (HCD) publishes figures which are the accepted
standards to determine income eligibility requirements.
Moderate income groups would be those households with incomes
between 81% and 120% of area median; Low income groups between
51% and 80% of area median; and Very Low income groups below
50% of the area median. Based upon published HCD figures as
of June 1994, the median income for a family of four in Orange
County is $58,800. Based upon the median income, the
affordable units would need to affordable to those households
of four with the incomes as follows:
Moderate Income
(120% of median)
$70,560
Low Income $47,040
(80% of median)
Very Low Income
(50% of median)
$39,900
Renaissance Planned Community District Regulations 8
These HCD figures vary depending upon household size and are
adjusted annually to reflect the change in median income over
time. The most current HCD figures would be used for each
particular unit at the time building permits are issued for
each respective unit.
The actual detail housing program as requried by conditions of
approval for the Renaissance Planned Community is maintained
in the Community Development Departement of the City of Tustin
and may vary or be modified from time to time based upon
changes is applicable laws and other statutory requirements.
4.8 Severability Clause
If any section, subsection, sentence, clause, phrase, or
portion of these District Regulations, or the application
thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the decisions of any court of
law of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of these District
Regulations or its application to other persons or places.
Renaissance Planned Community District Regulations 9
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RESOLUTION NO. 94-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING VESTING TENTATIVE TRACT MAP NO.
14934.
The city Council of the city of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
ae
That Vesting Tentative Tract Map No. 14934 was
submitted to the City Council by D&D Development
Company, Inc. for consideration.
That a public hearing was duly called, noticed and
held for said map on July 25, 1994 by the Planning
Commission and on August 15, 1994 by the City
Council.
That a Negative Declaration has been prepared in
accordance with the provisions of the California
Environmental Quality Act for the subject project.
That the proposed subdivision is in conformance
with the Tustin Area General Plan and Subdivision
Map Act as it pertains to the development of
residential property.
That the project has been reviewed for consistence
with the Air Quality Sub-Element of the City of
Tustin General Plan and has been determined to be
consistent or has been conditioned to be consistent
with the Air Quality Sub-Element.
That Vesting Tentative Tract 14934 would not have
an impact on School District facilities.
That the site is physically suitable for the type
of development proposed.
That the site is physically suitable for the
proposed density of development.
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.
That the design of the subdivision or the type of
improvements proposed will not conflict with
easement acquired by the public at large, for
access through or use of the property within the
proposed subdivision.
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Resolution No. 94-101
Page 2
II.
That the design of the subdivision or the types of
improvements proposed are not likely to cause
serious public health problems.
ne
The proposed project has been reviewed for
conformity with the provisions of the Orange County
Congestion Management Program, and the approval
body has determined that the additional traffic
generated by the proposed project onto the CMP
Highway System does not cause the system to exceed
the established level of service standards.
Me
The proposed project has been determined to be
exempt from the provisions of Measure "M" in that
the additional traffic generated by the proposed
project onto the Arterial Highway System does not
cause the roadway system to exceed the established
level of service standards.
Ne
That the dedication of right-of-way along the
Newport Avenue frontage to accommodate the future
realignment of Newport Avenue, as well as access to
the subject property and the property to the north,
and the construction of the cul-de-sac to the
ultimate configuration to the greatest extent
feasible, would reduce traffic and circulation
impacts to an acceptable level. In addition, the
City's agreement to construct future improvements
on Newport Avenue along the project frontage
associated with the realignment of Newport Avenue
would constitute a "rough'proportionate,, obligation
the City would have for right-of-way acquisition.
There is a reasonable relationship between the need
for the dedication and the type of development
proposed as the dedication area would provide
direct benefit to the future residents of the
development by providing access to the project and
mitigating individual and cumulative traffic
impacts that would be created by the development.
The City Council hereby approves Vesting Tentative Tract
Map No. 14934, subject to the conditions contained in
Exhibit A of Planning Commission Resolution No. 3290,
incorporated herein be reference.
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Resolution No. 94-101
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 15th day of August, 1994.
THOMAS R. SALTARELLI
Mayor
MARY E. WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ss
CERTIFICATION FOR RESOLUTION NO. 94-101
MARY E. WYNN, city Clerk and ex-officio Clerk of the City.
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the city Council of
the City of Tustin is 5; that the above and foregoing
Resolution No. 94-101 was duly and regularly introduced,
passed, and adopted at a regular meeting of the Tustin City
Council, held on the 15th day of August, 1994.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
MARY E. WYNN
City Clerk