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HomeMy WebLinkAboutPH 4 T.T. MAP 14797 01-03-94PUBLIC HEARING NO. 4 1-3-94 DATE: JANU~Y 3, 1994 Inter-Com TO: FROM: SUBJECT: WILLIAM A- HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT MAP 14797 RECOMMENDATION It is recommended that the city Council take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 94-05 2. Approve Vesting Tentative Tract Map 14797 by adopting Resolution No. 94-06, as submitted or revised. FISCAL IMPACT There are no fiscal impacts associated with this project as it 'was initiated by the applicant and no financial assistance has been requested. BACKGROUND/DISCUSSION The proposed project is a request to subdivide approximately 26 acres to create 29 numbered lots and 50 lettered lots to accommodate 88 detached condominium dwelling units. It is anticipated that an additional tentative tract map would be proposed at a later date to accommodate an additional 36 detached condominiums along the western edge of the site. The westerly most portion of the site contains coastal sage scrub within the existing natural terrain. As a result of the recent listing of the california Gnatcatcher as a "threatened species" by the U.S. Fish and Wildlife Service (USFWS), no coastal sage scrub may be removed unless specific approval is granted by the USFWS. Development of the potentiaI additional 36 units at this time would require removal of coastal sage scrub as a result of Orange County Fire Departments required fuel modification zone adjacent to such units. The applicant is currently working with the USFWS to address the issue related to the coastal sage scrub on this property. The Land Use Plan of the East Tustin Specific Plan (ETSP) originally designated the subject site Low Density Residential which would permit only detached single family ~esidences up to 5 dwelling units per acre. In 1991, the Planning Commission and City Council approved Zone Change (ZC) 91-01 which ar. ended the Land Use Plan of the ETSP to designate the subject site as Medium Density City Council Reports VTTM14797 January 3, 1994 Page 2 Residential which would accommodate attached residential dwellings. A specific requirement of ZC 91-01 also limited the maximum density of this property to 10 dwelling units per acre, instead of 18 dwelling units per acre permitted within the Medium Density Residential Land Use Designation. Although the patio home development standards would allow patio home developments to be developed with up to 15 dwelling units per acre, the maximum allowable density on the subject property is 10 dwelling units per acre as required by ZC 91-01. Located in Sector 2 of the East Tustin Specific Plan, the site is bordered by Jamboree Road to the east, Pioneer Road to the south and Peters Canyon Regional Park to the west and north. A Salvation Army church is under construction across Pioneer Road. On December 13, 1993 the Planning Commisson reviewed the proposed development and adopted Resolution No. 3216 recommending City Council approval of Vesting Tentative Tract 14797. At that time the Planning Commission also reviewed Design Review 93-009, Conditional Use Permit 93-010 to authorize development of patio homes on this site and Hillside Review 93-001 to determine consistency with the ETSP Hillside District and the City's Grading Manual (Planning Commission Resolutions 3213, 3214 and 3215 respectively). Attached is a copy of the Planning Commission staff report. 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 at the Tustin Police Department. The applicant was informed of the availability of a staff report on this project. PROJECT DESCRIPTION/ SITE PLAN The project site contains approximately 26 acres. The ETSP designates the site as Medium Density Residential with a maximum of 10 dwelling units per acre. This proposed development of 88 patio homes would have a gross density of 3.38 dwellings per acre. The street system and grading plan have been designed in order to ultimately accommodate 124 dwellings, if the necessary approvals can be obtained from USFWS for removal of coastal sage scrub. The site plan and street system have been designed with a single entry off Pioneer Road that extends through the middle of the tract. There are three private streets that connect to this entry road that serves as a main backbone street system. There are a City Council RePorts VTTM14797 January 3, 1994 Page 3 total of 14 private courts that take access from the backbone street system. On-street parking is provided on the backbone streets as well as sidewalks for pedestrian circulation. There is a meandering sidewalk that crosses through a greenbelt to connect the upper pad of homes to the recreation center. The model complex is near the project entry on Private Court "E" with access to the temporary parking lot from "D" Street. The phasing begins at the east side of the project. The recreation facility would be constructed as part of Phase 1. Private recreation facilities are not required by the ETSP, however when provided, it has been past practice to ensure that the recreation facility was complete and available with the occupancy of the first phase when such facilities are provided. HILLSIDE GRADING The proposed site has aPproximately a 5-8% slope across most of the site. While the site was originally rough graded as part of the grading for Tract 13627, the sector level map, additional rough and fine grading is proposed for the project. The conceptual grading plans indicate a grade change of approximately fifty (50) feet across the site from north to south and a grade change of approximately ten (10)feet across the site from west to east along the southern portion of the site. The lowest point of grade on the site is located at the southern entrance to the site. A majority of the subject site is located within the Hillside Overlay District of the ETSP. Although portions of the site have been rough graded as part of the grading operation for the Sector level Tract 13627, the grading associated with the proposed development plans must also meet the requirements of the Hillside District and the City's Grading Manual. These regulations require the proposed grading to blend into the natural topography, to create undulating topography on man made slopes and to preserve the integrity and open space value of Peter's Canyon Ridge. The proposed grading plans include a series of smaller pads that follow the form of the hillside. In addition, the applicant has utilized contour grading techniques along the western, perimeter of the development in order to provide a smooth transition between the natural grade and the development pads. Contour grading has also been utilized on the slopes adjacent to the project entry, as well as, slopes adjacent to the interior streets. All of the major slopes and vacant Dads will be maintained by the Homeowners Association as required by condition No. 7.1 of Planning Commission Resolution 3216. Tkey are located on separate lettered lots and many are accessible from the streets. There are some smaller City Council Reports VTTM14797 January 3, 1994 Page 4 slopes located within the fenced-in rear yards that will be the maintenance responsibility of the homeowner. The ETSP Hillside District and the City's Grading Manual include specific design guidelines and performance criteria that are to be achieved in developments within the hillside areas. The design of this subdivision includes development siting and grading techniques that fulfil those objectives. ARCHITECTURAL DESIGN The architectural style of the proposed project is a contemporary interpretation of the Monterey style. The structure would have "S" or flat concrete tile roofs, stucco walls and wood trim. Some of the architectural details include multi-pane windows, and various architeCtural recesses and pop-outs to provide a break in the building mass of the elevations. The ETSP permits a maximum height of 35 feet for patio home development. The four different floor plans providing two and three bedroom units, range in size from 921 square feet to 1,267 square feet in conformance with the patio home standards which require a minimum of 900 square feet per dwelling unit. Please refer to Attachment A, for a statistical summary of the project. The colors proposed for this project include six base stucco colors (light terra-cotta to deep terra-cotta) with off-white to tan accents and reddish brown concrete roof tiles. Muted shades of deep sea green would provide accent on the front door, wood vents, shutters and exterior lighting.- Overall, the proposed colors are consistent with existing development for this portion of East Tustin. ENVIRONMENTAL ANALYSIS An Initial Study was prepared for the project, a copy of which can be made available upon request. Based upon review of Vesting Tentative Tract Map 14797, Design Review 93-009, Conditional Use Permit 93-010 and Hillside Review 93-001, as well as Environmental Impact Report 85-2 (as supplemented) it has been determined that the environmental issues relating to this project have previously been addressed.. Also, appropriate mitigating measures identified in EIR 85-2 are included as conditions of approval for the pr°ject. With this information in mind, it is recommended that the City Council make the finding that requirements of the California Environmental Quality Act have been met and that no further environmental review is required. City Council Reports VTTM14797 January 3, 1994 Page 5 CONDITIONS OF APPROVAL Conditions of approval are included within the attached resolutions. Outside of specific issues discussed in this report, conditions of approval are standard conditions required by either the ETSP, other applicable municipal codes, the approved Development Agreement for the project area, or requirements of city Departments or outside reviewing agencies. CONCLUSION Given the analysis conducted by the Community Development Department actions of the Planning Commission, and in consideration of comments from other agencies and the public, it is concluded that the proposed project meets the requirements of the East Tustin Specific Plan, the Subdivision Map Act, as adopted, and the California Environnental Quality Act. With the inclusion of conditions of approval listed in Planning Commission Resolution No. 3216, it is recommended that the City Council approve the environmental determination and Vesting Tentative Tract Map 14797. Sara~.. ' Pashalides Assodiate Planner SJP :br/vtt14797.cc Attachments: Attachment A - Statistical Summary Location Map Conceptual Plans Attachment B - Planning Commission staff report Planning Commission Resolution No. 3216 Resolution Nos. 94-05 and'94-06 ATTACHMENT A - Statistical Summary Vesting Tentative Tract Map 14797 Patio Home Development Requirement Proposed Gross Site Area Building Area Street Area Open Space N/A 26.0 acres N/A 2.50 acres N/A 4.50 acres N/A 19 acres Total Units N/A 88 units Density 15 du/ac (gross) 3.38 du/ac (gross) Lot Coverage 100% (minus setbacks) 50% Building Setbacks Tract Boundary Tract Boundary adjacent to golf course Private Street Garage - Private street Private Courts/Drives Garage - Private Courts/ Drives 10 feet minimum 5 feet minimum 10 feet minimum 5 feet minimum 7 feet minimum 3 feet minimum 10 feet minimum 10 feet minimum 10 feet minimum 5 feet minimum 7 feet minimum 3 feet minimum Height 35 feet maximum 25 feet maximum Resident Parking 176 spaces ( 2 garage per unit) 176 spaces 88 (attached 2 car garages) Driveway Lengths 87 units under 9' in length 1 unit with 19' driveway length Guest Parking 44 (.5 spaces per unit) 86 spaces PLANS NO.OF UNITS PERCENTAGE SOUARE FEET DESCRIPTION 1 13 2 22 3 26 4 27 15 25 30 30 921 2 BD,2 BA 1,077 3 BD,2 BA 1,175 3 BD,2.5 BA 1,267 3 BD,3 BA LOCATION MAP ? / / /- NO SCALE ! . . . .~.~ ~,i.. , '"" " ..... 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II ti Il ,~jjlj 'i J / / ' ]l'l I I ! oO ,. · IIi .: / / ,1 " l I [ !! Ii > 0 0 > > 2n 0 0 > > 0 0 > > 0 0 > > ~ m 0 0 > 0 0 > II >. > > ,-{eport to the Planning Commission DATE= SUBJECT: APPLICANT/ LANDOWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: DECEMBER 13, 1993 VESTING TENTATIVE TRACT MAP 14797, CONDITIONAL USE PERMIT 93-010, DESIGN REVIEW 93-009 AND HILLSIDE REVIEW 93-001 CALIFORNIA PACIFIC HOMES 5 CIVIC PLAZA, SUITE 100 NEWPORT BEACH, CA 92660 LOTS 11 AND LOTS LL AND KK OF TRACT 13627 PLANNED CO~M~_UNITY RESIDENTIAL - EAST SPECIFIC PLAN, MEDIUM DENSITY RESIDENTIAL TUSTIN THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. AUTHORIZATION TO CREATE TWENTY NINE (29) NUMBERED LOTSAND FIFTY (50) LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 88 DETACHED PATIO HOME DWELLING UNITS; · APPROVAL OF A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF PATIO HOMES; · APPROVAL OF THE PROPOSED SITE PLAN AND ARCHITECTI~L DESIGN OF THE PROPOSED PROJECT; AND · DETERMINATION THAT THE PROPOSED GRADING CONCEPT, LANDSCAPE DESIGN ANDDEVELOPMENTPLAN ARE CONSISTENT WITH THE POLICIES AND GUIDELINES OF THE HILLSIDE DISTRICT REQUIREMENTS OF'THEEAST TUSTIN SPECIFIC PLAN. ATTACHMENT B Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 2 RECOMMENDATION It is recommended that the Planning Commission take the following actions: le Approve the Environmental Determination for the project by adoPting Resolution No. 3212; · Approve Hillside Review 93-001 by adopting Resolution No. 3215, as submitted or revised; '· Approve Conditional Use Permit 93-010 by adopting Resolution No. 3213, as submitted or revised; e. Approve Design Review 93-009 by adopting Resolution No. 3214, as submitted or revised; and · Recommend approval to the City Council of Vesting Tentative Tract Map 14797 by adopting Resolution No. 3216 as submitted or revised. BACKGROUND The proposed project is a request to subdivide approximately 26 acres to create 29 numbered lots and 50 lettered lots to accommodate 88 detached condominium dwelling units. It is anticipated that an additional tentative tract map would be proposed at a later date to accommodate an additional 36 detached condominiums along the western edge of the site. The westerly most portion of the site contains coastal sage scrub within the existing natural terrain. As a result of the recent listing of the California. Gnatcatcher as a "threatened species" by the U.S. Fish and Wildlife Service (USFWS), no coastal sage scrub may be removed unless specific approval is granted by the USFWS. Development of the potential additional 36 units at this time would require removal of coastal sage scrub as a result of Orange County Fire Department's required fuel modification zone adjacent to such units. The applicant is currently working with the USFWS to address the issue related to the coastal sage scrub on this property. The Land Use Plan of the East Tustin Specific Plan (ETSP) originally designated the subject site Low Density Residential Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 3 which would permit only detached single family residences up to 5 dwelling units per acre. In 1991, the Planning Commission and City Council approved Zone Change (ZC) 91-01 which amended the Land Use .Plan of the ETSP to designate the subject site as Medium Density Residential which would accommodate attached residential dwellings. A specific requirement of ZC 91-01 also limited the maximum density of this property to 10 dwelling units per acre, instead of 18 · dwelling units per acre permitted within the Medium Density Residential 'Land Use Designation. Although the patio home development standards would allow patio home developments to be developed with up to 15 dwelling units per acre, the maximum allowable density on the subject property is 10 dwelling units per acre as required by ZC 91-01. Located in Sector 2 of the East Tustin Specific Plan, the site is bordered by Jamboree Road to the east, Pioneer Road to the south and Peters Canyon Regional Park to the west and north. A Salvation Army church is under construction across. Pioneer Road. Prior to development, the Planning Commission must recommend approval of the proposed Vesting Tentative Tract Map to the City Council and approve the Design Review for the project. Additionally, pursuant to the requirements of the ETSP, the development of patio homes require the approval of a Conditional Use Permit by the Planning Commission and approval of a Hillside Review determining that the proposal is consistent with the policies and guidelines of the City's Grading Manual and Hillside District. Patio homes are defined by the ETSP as "Any residential zoning district or residential development wherein the number of permitted detached units on one building site is two (2) or more and where the dwelling units are under condominium ownership." Consequently, fences may be constructed to define spaces (rear yards) of which the apparent user does to have exclusive right of ownership, but instead a condominium interest. 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 at the Tustin Police Department. The applicant was informed of the availabi2ity of a staff report on this project. Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 4 PROJECT DESCRIPTION/SITE PLA~ The proposed site is approximately 26 acres. The ETSP designates the project site as Medium Density Residential, which would permit the development of conventional single family detached housing, attached single family dwellings, condominium projects or apartments up to a density of 10 dwelling units per acre. The p~oposed gross density of the submitted project is 3.38 dwelling units per acre, approximately 66 percent less than the allowable density under ETSP development standards. The applicant proposes to construct 88 dwelling units with the current development plans. However, the street system and grading are designed in order to ultimately accommodate 124 dwelling units if the necessary approvals can be obtained from the USFWS related to the removal of coastal sage Scrub on the property. As a result the pad areas along the western portion of the site would be graded now with the development of the current proposal for 88 units to accommodate the additional 36 units in the future. No coastal sage scrub is proposed to be removed as part of this grading operation. The graded pads along the western portion of the site would provide the required fuel modification zone until such time that the potential future units could be constructed. Staff has included a condition of approval requiring the vacant pads to be hydroseeded to satisfy the Fire Department,s fuel mOdification requirements.' If no approvals are obtained from the USFWS within three years of Final Map approval to accommodate development in the pad areas, a compete landscaping plan shall be prepared and approved to require permanent landscaping and/or recontouring would be required on the vacant pad areas. Streets As the Planning Commission is aware, the new patio home development standards include a street hierarchy system consisting of private streets, private drives, and the newly approved private courts. According to the private street standards, private streets with no parallel parking within the travel way shall have a minimum width of 28 feet. On-street parallel parking would be permitted on both sides of the street with a minimum paved width of 36 feet and limited to one side only with a minimum paved width of 32 feet. Private drives with perpendicular parking outside of the travel way shall have a minimum paved width of 24 feet. A "private court" is defined as a combination of private streets and/or private drives Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 5 which take access from a main backbone street system within a detached residential development and which serves no more than 12 dwelling units. Street widths are measured from curb face to curb face, or flow line to flow line in the event of rolled curbs. Ingress and egress to the site is proposed to be a single 48 foot wide private entry way street ("A" Street) accessed from Pioneer Road. "A" Street is proposed to be reduced in width to 28 feet beyond the entry and will provide access to the'interior street system within the subdivision. This interior backbone street system is 'comprised of private streets ("B", "C", and "E" Streets) which are 36 feet in width with parking permitted on both sides of the street. A focused Traffic Study was prepared for this project to address vehicular circulation at the intersection of "A" Street and Pioneer Road. The Study indicated a need to shift "A" Street westerly approximately 10 feet to better align with the future driveway for the Salvation Army property to the south across Pioneer Road (Attachment B). Condition No. 1.13 of Resolution No. 3216 has been included to ensure that the final entry alignment and its design are consistent with the Traffic Study. The Building official has granted a deviation from the private street standards related to the standard knuckle design for the intersections of "B"/"C" Street and "C"/"D" Street which reduces the outside curbline radius from the required 45 feet to 25 feet. The reduced knuckle radius is justified because the proposed private court vehicular circulation system does not require an expanded outside curbline radius for access to individual dwelling unit driveways. Modification to the standard knuckle design also minimizes grading impacts to help satisfy the goals of the Hillside District. Section 10.5 of the Gradin~ Manual permits modification to radii to minimize impacts. As approved, the knuckle deviation will allow adequate emergency service and resident vehicular circulation. The deviation has been determined by the Building Official to be acceptable as adequate pedestrian and vehicular circulation would still be provided. The private court standards would permit three (3) private courts, classified by the code as street and 11 private courts, classified by code as drives which wculd have access along the private street system. Of the three (3) private court streets, "C" and "H" courts are proposed to be a min±mum of 28 feet wide (flow line to flow line) with a 4.5 foot wide sidewalk located on one side, which is consistent with the newly adopted private court standards. Located Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 6 in the northeast corner of the project, a portion of "I" Court accessed from "B" Street is proposed to be 32 feet wide (flow line to flow line) with parking permitted on one side of the street, and 3.5 foot wide sidewalks on one side of the street. Perpendicular parking spaces, located outside of the travelway, are provided in "I" Court (street) and on "C" Street. The 11 private courts classified as drives would be a minimum of 24 feet wide (flow line to flow line) with no sidewalks, and would be a maximum of 150 feet in length, serving no more than six dwelling units, consistent with the newly adopted development standards. Parking The newly adopted patio home development standards require a two car enclosed garage for each dwelling with one to three bedrooms. Dwellings with four bedrooms would be required to provide 2.5 parking spaces, two of which would be an enclosed garage and the remaining .5 spaces would be an open parking space. In addition to the above, guest parking spaces must be provided at a rate of .5 spaces per dwelling unit and located within a 200 foot radius of the unit which it is intended to serve. Resident parking for this project is proposed to be provided with 88 two-car attached garages for a total of 176 garage spaces as required by the patio home development standards. All of the units have 2 to 3 bedrooms, there are no 4 bedroom units. The site plan identifies an additional 107 guest parking spaces being provided where 44 guest parking spaces would be required. The majority of the provided parking spaces are located along the four backbone streets. Each space has been determined to be located within 'a 200 foot radius of the unit which it is intended to se~we. As no parkin~ would be permitted on travel ways less than 32 feet in width from curb face to curb face or in driveways less than 19 feet in length, conditions of approval have been included regarding the enforcement of parking regulations to be included in the project's recorded CC&R's to mitigate any potential illegal parking problems. Earlier this year, the Planning Commission expressed the goal of having a majority of patio homes built with 19 foo% long driveways in order to accommodate additional parking, thouqh 5his is not a specific requirement of the patio home development standards of the ETSP. This section does require driveways to be ~ess than 9 feet or greater than 19 feet in length. This project meets those standards, however, all units except one have driYeways ~ess than Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Pa~e 7 9 feet in length. Due to the grading constraints of this site and in order to meet the requirements of the Hillside District, the applicant has indicated that it was not possible to provide 19 foot long driveways in this particular case. However, due to the street design and lot layout there are 63 additional ~on-street parking spaces that are available. Se-_backs As the Commission is aware, the newly adopted patio home setback standards were designed to provide flexibility yet maintain a desirable streetscape. On private streets, the-..minimum building seuback is ten (10) feet. A garage may be setback a minimum of five (5) feet. Living area above a garage with less than a ten (1~) foot setback would be limited to 75% of the units on that street. On private courts (streets and drives), the patio home development standards permit a minimum building setback of seven (7] feet. A garage could be setback a minimum of three (3) feet provided that no more than 50% of the length of the building frontage over the length of the court is less than seven (7) feet. The minimum distance between buildings is ten (10) feet pursuant to the patio home development standards. The distance between buildings may be reduced to a minimum of six (6) feet for a limited distance of no more than 25 feet provided that there are no windows on at least one of the elevations. The proposed project conforms with these development standards. Qpen Space The patio home standards require a minimum open space of 400 square feet per d.welling unit, excluding all structures, private streets, private drives, private courts, above ground patios and parking lo~s. A minimum of 150 square feet of area designated for private use may be included in the open space calculation, provided such area is located on a ground level and is open on three sides. The proposed project complies with this minimum open space re~airement by incorporating several large open areas in the design of 5he tract, including the recreation facility in the center of the project. Open areas in the front yard setbacks and streetscape a-so contribute to the open space calculation. In addition, the hi'!sides on the western edge of the project are also part of the o~.-erall cpen space. Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 8 Phasing The model complex is near the project entry on Private Court "E" with access to the temporary parking lot from "D" Street. The phasing begins at the east side of the project. The recreation facility would be constructed as part of Phase 1. Private recreation facilities are not required by the ETSP, however when .provided, it has been past practice to ensure that the recreation facility was complete and available with the occupancy of the first phase when such facilities are provided. HILLSIDE REVIEW The proposed site has approximately a 5-8% slope across most of the site. While the site was originally rough graded as part of the grading for Tract 13627, the sector level map, additional rough and fine grading is proposed for the project. The conceptual grading plans indicate a grade change of approximately fifty (50) feet across the site from north to south and a grade change of approximately ten (10) feet across the site from west to east along the southern portion of the site. The lowest point of grade on the site is located at the southern entrance to the site. A majority of the subject site is located within the Hillside Overlay District of the ETSP. Although portions of the site have been rough graded as part of the grading operation for the Sector level Tract 13627, the grading associated with the proposed development plans must also meet the requirements of the Hillside District and the City's Grading Manual. These regulations require the proposed grading to blend into the natural topography, to create undulating topography on man made slopes and to preserve the integrity and open space value of Peter's Canyon Ridge. The proposed grading on the site is constrained by an existing 105 foot wide water line easement which bisects the property and runs parallel to and west of Jamboree Road. There are several existing regional water transmission lines located within this easement that limit the amount of grading and development that could occur within the easement. The applicant has created a linear green belt adjacent to "A" Street in order to effectively utilize this portion of the site. Buildings and structures can not be developed within the easement. Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 9 The east and south facing hillsides of Peter's Canyon Ridge are only partially visible from Jamboree and Pioneer Roads due to the alignment of Jamboree Road and the presence of an adjacent knoll to the north and the surrounding topography. There is one view point from Jamboree Road, south of Pioneer Road, where the propOsed homes would be visible with the background of the natural hillside and Peter's Canyon Ridge. The proposed grading plans include a series of smaller pads that follow the form of the hillside. In addition, the applicant has utilized contour grading techniques along the western perimeter of the development in order to provide a smooth transition between the natural grade and the development pads. Contour grading has also been utilized on the slopes adjacent to the project entry, as well as, slopes adjacen5 to the inter~or streets. All of the major slopes and vacant pads will be maintained by the Homeowners Association as required by condition NO. 7.1 of Planning Commission Resolution 3216. They are located on separate lettered lots and many are accessible from the streets. There are some smaller slopes located within the fenced-in rear yards that will be the maintenance responsibility of the homeowner. Two areas of particular interest has been the prominent slope on Lot "AA" located at the intersection of "A"/"E" Streets and the crib wall proposed on Lot "BB" at the north end of the site. The applicant has worked with staff in these two areas in order to achieve the goals cf the Hillside District. The solution was to modify the grading ~n Lot ".AA" to include Yariable slope ratios and undulating shrub mass in order to provide a more natural appearance. In addition, a pedestrian walkway meanders through the slope to provide pedestrian access to the recreation facility. The existing slope on Lot "BB" ex~ends across the northern Tract boundaries and is approximately 100 feet in height. A portion of this slope was pre-;iously graded as part of the mass grading for Tract 13627 and the construction cf Jamboree Road. The applicant has proposed to construct a '3 fcc~ high crib wall at the toe of the existing manufactured s2ope. A crib wall is similar to a retaining wall, however, ~% kas "~ockets" in the wall that can be landscaped. Tke crib wall wcu!d ke designed to more closely align with the surround!n? terrain. The applicant's engineer has indicated that %ke crib~a!i can Le curved and slightly sloped (pitched) towar~ Lke cu5 re-aine/ h~l!side behind the proposed cribwall in ord=~ -~ ~-end in-o tke existing terrain. This can be Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 10 achieved during preparation of the precise grading plan when the detailed crib wall design is prepared. In addition, the "cells" of the crib wall would be planted with ground cover material. Trees are proposed to be planted in front of the wall to reduce its mass. Shrubs and trees would be planted on the slope above the crib wall. The proposed crib wall minimizes the visual and grading impacts on the existing slope to the north. There would be limited visibility of the crib wall from within the development as dwelling Units which are approximately 23 feet in height would be located in front of the wall crib wall. The crib wall would not be visible from off-site. Hillside District Criteria The ETSP Hillside District and the City's Grading Manual include specific design guidelines and performance criteria tha~ are to be achieved in developments within the hillside areas. Tke design of this subdivision includes development siting and grading techniques that fulfil those objectives. The City's Grading Manual requires that structures in the Hillside District be sited so that the roof slope follows the slope of the natural grade. Therefore, the units which would be v±sible from Pioneer and Jamboree Roads include the use of hip roofs %o minimize large gabled ends on the roofs that would normally be visible from off-site. The goal of the Hillside District relative tc roof slope has been met. A condition of approval (4.1 of .Planning Commission Resolution 3216) has been included to require slope landscaping to be installed and growing ~or 90 days prior to final certification of rough grading. This will ensure that man-made slopes are protected in a timely manner to minimize erosion. Additional ccnditions of approval require the use of special erosion control measures and drainage devices to protect existing landforms. Tke man-made slopes have been designed to collect storm runoff water into the one-site storm drain system. The streets within tk±s project conform to the existing topography so as to minimize grading impacts. In addition, the applicant has requested a red'aced corner radii so that roadway grading is confined to more gen%!v sloped portions of the site, as provided for in Section i'.SA of the Grading Manual. Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 11 The major sloped areas adjacent to the entry "A" Street include variable slope ratios of 3:1 and variable horizontal radii so that the slope has a more natural appearance. In addition, these slopes include a variety of plant materials that will create a visually undulating appearance to soften their appearance. Peters Canyon Ridqeline A detailed cross section and view analysis was prepared for this project in order to ensure that the ETSP requirement to preserve the open space values of the Peters Canyon ridgeline are met. The purpose of this requirement is to preclude the roof tops of homes from projecting above the ridgeline. The lowest portion of the ridgeline is 536 feet which is located adjacent to the northwestern edge of the site in a saddle area. Approximately 61% of the proposed dwelling units will be below this saddle area. The 34 units that will have roof lines that extend above the 536 foot elevation of the ridgeline saddle are located at the northeastern end of the site off of "B" Street. The City Grading Manual requires structures to be sited so they occur below the elevation'of central Peters Canyon ridgeline. In order to apply these standards to the proposed development, a series of cross sections located perpendicular to the actual ridgeline were provided by the applicant. These sections extended across the pads and homes to Jamboree Road. There is an existing 7 foot tall community perimeter wall adjacent to Jamboree Road. Although some of the dwelling units extend above the 536 foot saddle elevation, the applicant believes that the cross sections indicate that the roof will not silhouette because Jamboree Road and the community wall are at a higher elevation than the rooftops. In this area the applicant proposes to lower the existing grade in order to · ensure that structures do ncr silhouette above the ridgeline. The Planning Commission will need to concur with the · applicant's justification in this area prior to finding that the project meets the purpose of the Hillside District guidelines. Staff has included conditions of approval that preclude homeowners from modifying their structures in such a way that they no longer meet the Hillside guidelines. Deed restrictions will be placed on some of the units specifying building envelopes to limit the height of structures. Additional conditions related to building color, roof color, roof pitch, landscaping and slope maintenance have been included. Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 12 ARCHITECTURAL DESIGN The architectural style of the proposed project is a contemporary interpretation of the Monterey style. The structure would have "S" or flat concrete tile roofs, stucco walls and wood trim. Some of the architectural details include multi-pane windows, and various architectural recesses and pop-outs to provide a break in the buildingmass of the elevations. The applicant proposes to provide 13 of the unit 1 floorplan constituting 15 percent of the total number of units; 22 of the unit 2 floorplan, representing 25 percent of the total units; 26 of the unit 3 floorplans, resulting in 30 percent of the total units; and 27 of the unit 4 floorplan, representing 30 percent of the 88 total units. Floorplans 1 and 2 are one story with an approximate height of 21 feet tall, including the chimney. Floorplans 3 and 4 are two story with an approximate height of 25 feet, including the chimney. The ETSP permits a maximum height of 35 feet for patio home development. The four different floor plans providing two and three bedroom units, range in size from 921 square feet to 1,267 square feet in conformance with the patio home standards which require a minimum of 900 square feet per dwelling unit. Please refer to Attachment A, for a statistical summary of the project. The Police Department has identified security and surveillance concerns with the plan 2 entry. The applicant proposes to enhance the security of these units by adding metal door frames at the front entry. This modification would mitigate the Police Department's concern with security for the entryway which is proposed to be recessed approximately five (5) feet into the elevation of the buildinu.. Condition No. 3.10 of Resolution No. 3214 has been inclUded to ensure the applicant's compliance with this security measure. The colors proposed for this project include six base stucco colors (light terra-cotta to deep terra-cotta) with off-white to tan accents and reddish brown concrete roof tiles. Muted shades of deep sea green would provide accent on the front door, wood vents, shutters and exterior lighting. Overall, the proposed colors are consistent with existing development for this portion of East Tustin. However, in order to minimize the visual impacts of hillside developments, Condition No. 3.12 has been included in Resolution No. 3214 to eliminate the off-white color in Color Scheme 3. This base stucco color should be replaced with a darker base color to better blend with the surrounding hillsides per City Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 13 Hillside Grading Manual. The color material boards will be available for the Commission's consideration at the December 13, · 1993 meeting. LANDSCAPE/HARDSCAPE The conceptual landscape, plan meets the requirements of the ETSP and is generally consistent with the City's landscape guidelines. The proposed landscaping consists of a variety of evergreen and deciduous trees, shrubs, vines and ground covers intended to enhance the project and minimize visual.impacts. The project entry is highlighted by 48-inch box Carrotwood Trees and raphiolepis shrubs transitioning to Carrotwood and eucalyptus trees along the linear park. Each of the courts are defined by a combination of Jacaranda, Liquidamber, Brisbane Box, Crepe Myrtle, Melaleuca, Pine and Carrotwood trees. The Pioneer Road frontage would be required to be improved with sidewalk landscaping and community theme wall consistent with conceptual Landscaping Plan approved as part of Tract 13627. The existing community wall would need to be modified at the corner to ensure that the private rear yard walls are tied into and incorporated into one wall. In addition, the rear yard walls overlooking Pioneer Road, as well as "A" Street, should be designed as "view" walls incorporating wrought iron and masonry with a stucco finish. A condition of approval has been included to ensure the final wall designs provide consistency with the established design theme. The developer has indicated a desire to utilize wood frame fences with stucco finish for the fencing adjacent to the streets, and vertical board on board with wood cap fencing for all other rear yard fencing. While staff continues to have concerns and in the past has also indicated concerns about the long term maintenance issues associated with wood fences, the Planning Commission has previously approved the use of these wood and stucco fences with Tract 14782 (Lot 10 of Tract 12763) Tract 14784 (Lot 20 of Tract 12870) and Tract 13733 (Lot 13 of Tract 12870). The newly adopted patio home standards require that private courts be enhanced with decorative paving treatments such as concrete banding and asphalt, scored concrete, colored concrete and interlocking pavers. The private courts would be defined by the use of natural colored concrete banding and asphalt. Shared Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 14 driveways and banding would have a variety of scoring patterns. In order to ensure compliance with the Uniform Building Code to maintain clear and unobstructed access to each unit, a condition has been added to require provisions within the CC&R's to prohibit parking on short driveways, those measuring eighteen feet or less be equipped with "roll-up" type garage doors. A rural style mailbox detail has been identified in the conceptual landscape plans. ?he mailbox locations have been identified to be along the private loop .street. At the July 19, 1993 City Council meeting, concerns were expressed about mail security with the rural style mailboxes. Based upon previous Planning Commission actions related to mailbox locations and concerns expressed by the City Council regarding mail security, Condition No. 4.9 has been included in Resolution No. 3214 requiring that final mailbox design, location and orientation, including .methods to ensure security provisions with locking devices where an acceptable manufactured product is available, be subject to the review and approval of the Community Development Director. In determining the final location, the Director would 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/court intersection or ten (10) feet from the back of curb return, and the location of mailboxes should encourage people to walk to their mailboxes. ENVIRONMENTAL ANALYSIS An Initial Study was prepared for the project, a copy of which can be made available upon request. Based uPon review of Vesting Tentative Tract Map 14797, Design Review 93-009, Conditional Use Permit 93-010 and Hillside Review 93-001, as well as Environmental Impact Report 85-2 (as supplemented) it has been determined that the environmental issues relating to this project have previously been addressed. Also, appropriate mitigating measures identified in EIR 85-2 are included as conditions of approval for the project. With this information in mind, it is recommended that the Commission make the finding that requirements of the California Environmental Quality Ac- have been met and that no further environmental review is required. Planning Commission Report VTTM 14797, DR 93-009, CUP 93-010, Hillside Review 93-001 December 13, 1993 Page 15 CONDITIONS OF APPROVAL Conditions of approval are included within the attached resolutions. Outside of specific issues discussed in this report, conditions of approval are standard conditions required by either the ETSP, other applicable municipal codes, the approved Development Agreement for the project area, 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 East Tustin Specific Plan, the Subdivision Map Act, as adopted, and the California Environmental Quality Act. With the inclusion of conditions of approval listed in Resolution Nos. 3212, 3213, 3214, 3215 and 3216, it is recommended that the Planning Commission approve the environmental determination, Conditional Use Permit 93-010, Design Review 93-009 and Hillside Review 93-001 for the project and recommend approval of Vesting Tentative Tract Map 14797 to the City Council. ~ar~/J.. Pashalides Assd~iate Planner Christine A. Shing Assistant City Manager SJP: bt/vt t 14797 Attachments: Attachment A - Statistical Summary Attachment B - Modified Entry Plan Location map Conceptual Plans Resolution Nos. 3212, 3213, 3214, 3215 and 3215 ATTACHMENT A - Statistical S_~u~nn~_ary Vesting Tentative Tract Map 14797 Patio Home Development Gross Site Area Building Area Street Area Open Space Requirement Proposed N/A 26.0 acres N/A 2.50 acres N/A 4.50 acres N/A 19 acres Total Units N/A 88 units Density Lot CoVerage 15 du/ac (gross) 3.38 du/ac (gross) 100% (minus setbacks) 50% Building Setbacks Tract Boundary Tract Boundary adjacent to golf course Private Street Garage - Private street Private Courts/Drives Garage - Private Courts/ Drives 10 feet minimum 5 feet minimum 10 feet minimum 5 feet minimum 7 feet minimum 3 feet minimum 10 feet minimum 10 feet minimum 10 feet minimum 5 feet minimum 7 feet minimum 3 feet minimum Height 35 feet maximum 25 feet maximum Resident Parking Driveway Lengths 176 spaces (2 garage per unit) 87 units under 9' in length 176 spaces 88 (attached 2 car garages) 1 unit with 19' driveway length ~, Guest Parking 44 (.5 spaces per unit) 107 spaces PLANS NO.OF UNITS PERCENTAGE SQUARE FEET DESCRIPTION 1 13 2 22 3 26 4 27 15 25 30 3O 921 2 BD,2 BA 1,077 3 BD,2 BA 1,175 3 BD,2.5 BA 1,267 3 BD,3 BA 4 5 7 10 11 14 15 17 18 28 RESOLUTION NO. 3216 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP 14797. 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 14797 was submitted to the Planning commission by California Pacific Homes for consideration; and Be That a public hearing was duly called, noticed and held for said map on December 13, 1993, by the Planning Commission. Co That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has· been certified in confOrmance with· the requirements of the California Environmental Quality Act for the subject project area. D· That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, .Development Agreement and Subdivision Map Act as it pertains to the development of single family detached dwellings (patio homes). The 1.0584 acres of parkland required for~ this development was previously dedicated with recordation of Tract 13627. Fe That the City has reviewed the status of the School Facilities Agreements-between the Irvine Company and the Tustin Unified School District. The East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impact of vesting Tentative Tract 14797 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed. G · That the site is physically suitable for the type of development proposed. H· That the site is physically suitable for the proposed density of development. ] 3 4 5 6 7 8 9 10 11 ~3 16 · 17 18 : ! 19 20 27 28 Resolution No. 3216 Page 2 I · Se 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, access through or use of the property within the proposed subdivision. Ke That the design of the subdivision or the t'ypes of improvement proposed are not likely to cause serious public health problems. ne That the proposed project has been reviewed for conformity with the provisions of the Orange County Congestion Management Program, and it.'has been determined that the additional traffic generated by the proposed project onto the CMP Highway system does not cause the system to exceed established level of service standards. Mo That the proposed project has been reviewed for conformity with the provisions of Measure "M"/Growth Management Program, and it has been determined that the proposed project is exempt from the provisions of Measure "M" in that it has entitlement specified in a development agreement entered into in 1985, and the estimated project generated traffic does not cause the roadway system to exceed established levels of'service standards. II. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map No. 14797, subject to the conditions contained in Exhibit A attached hereto. 1 3 4 5 6 7 9 10 11 12 13 14 '15 16 17 18 19 20 21 28 Resolution No. 3216 Page 3 PASSED AND ADOPTED by the Planning .Commission of the City of Tustin, at a regular meeting on the..t3th day of December, 1993. Recording -Secretary KATHY WE~L Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3216 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of December,. 1993. Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 14797 RESOLUTION NO. 3216 CONDITIONS OF APPROVAL (2) (3) (5) (1) (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 in conformance with applicable City standards, including but not limited to the following: a. Ce D. E. F. G. H. I. J. K. 0 No O. Curb and gutter/cross gutters. Sidewalks including access facilities for physically handicapped person. Drive aprons/approach Street paving Street signing and paving Landscaping/irrigation facilities Sanitary sewer service facilities Domestic waster service facilities Reclaimed water service facilities Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities.) Traffic signal systems and other traffic control devices. Street and paseo lighting Storm drains and subdrains (*The private storm drain facilities within this tract will be maintained by homeowner' association). Undergrounding of existing and proposed utility distribution lines Lot monumentation Fire hydrants The amount of acceptable security for conduction of public improvements shall be reviewed and approved by the Public Works .Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. SOURCE CODES (1) STANDARD CONDITION ( 5 ) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW *** EXCEPTION RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 2 (1) 1.2 Ail 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, County or Irvine Ranch Water District standards drawing numbers. (1) 1.3 Ail changes in existing curbs, gutters, sidewalks and (6) other public improvements shall be responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: ae 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 Irvine Ranch Water District. Be A domestic water system must be to the standards of the Irvine Ranch Water District/City of Tustin Water service, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluate. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall be to the standards as required by the Irvine Ranch Water District. Ce Sewer and water facilities shall be clearly indicated as publicly maintained. Maintenance access to water facilities shall be the responsibility of the Hemeowner's Association and accommodations for such access shall be established prior to building permit issuance. (1) 1.5 Proposed streets shall be designed to the following · ( 5 ) speci f ications: (6) A. All proposed streets shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Wcrks. Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 3 Be Ail streets and drives shall be constructed in accordance with City requirements in terms of type and quality of material used. Ce 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. D. Parking shall only be permitted on streets as approved by the Police and Fire Department. Signage and red curbing shall be installed where appropriate. (~) ~.6 Streets, storm drain, water and sewer improvement plans (6) shall comply with they"City of Tustin Minimum Design Standards for On-Site Street and Storm Drain Improvements" except as modified by the Building Official. (5) ~.7 A traffic control plan prepared by a California Registered Traffic Engineer shall be provided prior to permit issuance. (1) ~.8 A complete hydrology study and hydraulic calculations (5) shall be submitted for review and approval prior to permit issuance. (1) ~.9 A separate 24" x 36" signing and striping plan showing all modifications along Pioneer Road which are required as a result of this development shall be submitted for City approval. This plan shall be prepared by a California Licensed Traffic Engineer. (5) ~.~0 In addition to the normal full size plan submittal process, all final development plans including but not limited to: tract maps, parcel maps, right-of-way maps,, records of survey, public works improvements, private infrastructure improvements, and final grading plans are also required to be submitted to the Public Works Department/EngineerJ~ng 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 Resolution No. 3216 Vesting Tentative Tract 14797 Page 4 The CADD files shall be submitted to the City at the time the plans are approved, and updated CADD files reflecting "as-built" conditions shall be submitted once all construction has been completed. (4) 1.11 Both horizontal and vertical intersection sight lines will need to be checked per OCEMA Standard No. 1117 for the interior Streets. The site lines need to be shown on the grading plan, and landscape plan and all landscaping within the limited use area will need to comply with OCEMA Standard No. 1117. (4) 1.12 The subdivider shall execute a subdivision/monumentation agreement and furnishing improvement/monu~entation bonds as required by the City Engineer. (4) 1.13 The Final Map shall include the modified entry which shifts "A" Street approximately 10 feet to the west in order to better align with the access drive on the south side of Pioneer Road. DEDICATIONS/RESERVATIONS/EASEMENTS ' (1) 2.1 The subdivider shall satisfy dedication and/or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street and flood (6) control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the final map, subdivider shall (2) post with the Community Development Department a minimum (6) $2,500 cash deposit or letter of credit to guarantee the Sweeping of streets and clean-up of streets affected by construction activities. 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) 3.2 Any damage done to existing street improvements and (6) utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 5 (1) 3.3 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. GRADING/GENERAL AND HILLSIDE (1) 4.1 Prior to issuance of grading permits: (2) (6) A. A detailed soils engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable State and local laws, regulations and requirements. B· Preparation and submittal of a grading plan subject to approval by the Department of Community Development delineating the following information: i · Methods of drainage in accordance with all applicable City standards· · Ail 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: a· be ce 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. Exhibit A - Conditions of Approval Resolution No. 3216 Vesting 'Tentative Tract 14797 Page 6 d· Provision for tributary drainage from adjoining properties. · Ail flood hazard areas of record. 6. A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related, matter. · 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 ~eSources 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. Ce Grading of hillside areas shall be consistent with the East Tustin Specific Plan Hillside District, Tustin Grading Ordinance and Grading Manual including all Conditions of Planning Commission Resolution No. 3214 approving Hillside Review 93-001, and including, but not limited to the following requirements: · The permanent planting bay at toe of slope and adjacent to Pioneer Road shall utilize a variety of slope ratios and horizontal radii to blend into adjoining slopes. Bay widths should be a minimum of 10 feet and planted with a combination of tree Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 7 sizes subject to approval of the Community Development Department (Refer to Appendix C, Standard B136 in Grading Manual).. e Cut and fill slopes in excess of 200 feet in length should have curvilinear configurations consistent with recommendations of the soils engineer and engineering geologist. The bank and/or top of slope shall be curved in a convex or concave manner to provide a variety of slope ratios. · A variety of slope ratios and horizontal radii shall be used to blend manufactured slopes into the adjoining natural terrain to provide adequate transition and to avoid abrupt changes between manufactured and natural slope banks. At intersections of manufactured and natural slopes, a gradual transition or rounding of contours with a minimum radius compatible with the existing natural ~errain shall be provided. · Prior to issuance of a grading permit on the site, the subdivider shall execute and implement a slope warranty program as provided in the Grading Manual in compliance with Condition 1.4 of Resolution No. 3215. (1) 4.2 Prior to issuance of a grading permit detailed landscaping and irrigation plans for planting of all slopes shall be submitted for approval by the Department of Community Development. The plans shall include a summary table with all necessary details required in the adopted City of Tustin Landscaping and Irrigation Submittal Requirements as well as the following requirements: A· Ail permanent cut slopes over five feet and fill slopes over three feet including roadside shall be protected from erosion by planting of a combination of plant materials including grasses and ground cover, shrubs and trees. S · Special Erosion Control measures which may include such items as revegetation mats shall be in place cn all slopes steeper than 4:1 prior to planting as recommended by a soils engineer and landscape architect and approved by the Community Development Department. Plants selected and planting methods shall be suitable for soil and climatic conditions Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 8 Ce De Ee Fe H o and validated by a landscape architect and soils engineer. Slopes required to be planted shall have a system of irrigation designed to cover all portions .of slope after rough Grading. Ail permanent cut slopes in excess of 5 feet and fill slopes over 3 feet shall be protected against damage by erosion, siltation and rodents prior to final certification of rough Grading pursuant to the applicant's construction phasinG plan or modifications which may be approved by the Director of Community Development. At a minimum, prior to release of production unit buildinG permits within each phase of construction, temporary irrigation and landscaping shall be installed, although the applicant'may choose at their discretion to install permanent landscapinG. Temporary landscapinG materials shall be subject to approval of the Director of Community Development , but shall at least be hydroseeded, consistent with the temporary landscapinG and irrigation standards and notes shown on the approved rough Grading plan for Tract 13627. Temporary landscaping on Lots "BB" and "EE" shall be installed prior to the issuance of the first building permit for the tract, includinG the models, as required by the original Grading permit for Tract 13627. Permanent landscaping and irrigation shall be installed along the entire Pioneer Road frontage prior to issuance of any certificate of occupancy for this trac~, including-the models. Permanent landscaping and irrigation shall be installed on all permanent cut slopes in excess of 5 feet and fill slopes over' 3 feet prior to the issuance of certificate of occupancy and release of grading bonds for each individual phase of construction. The construction phasing plan, for purposes of design and installation of permanent and zemporary landscaping and irrigation, shall be mc/ified to include all manufactured slopes within zhe Tract boundary, subject to the approval of nke Director of Community Development. Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 9 I · Condition Nos. 4.1 through 4.9 of Planning Commission Resolution No. 3214 and Condition Nos. 1.9 and 1.13 of Planning Commission Resolution No. 3215 shall be satisfied prior to issuance of any building permits for structures located within this tentative tract. ' (1) 4.3 Ail earthwork shall be performed in accordance with the (3) City of Tustin Municipal Codes and ~rading requirements. FIRE DEPARTMENT (5) 5.1 Prior to the recordation of a final tract map, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated and approved by the Chief. (5) 5.2 Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet requirements and fire- flow prior to commencing construction with combustible materials. (5) 5.3 Prior to the issuance of any building permits, a construction phasing plan shall be submitted to and approved by the Fire Chief. The purpose of this review is to evaluate the adequacy of emergency vehicle access for the number of dwelling units served. (1) 5.4 Prior to the issuance of any building permits, all underground piping for automatic fire extinguishing systems shall be approved. Plans for an automatic fire extinguishing system shall be approved by the Fire Chief prior to installation. Such system shall be operational prior to the issuance of a certificate of use and occupancy. The specific units requiring an automatic fire sprinkler system shall be determined by the Fire Chief. (5) 5.5 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per Orange County Fire Department Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 10 standards. On private property these markers are to be maintained in good condition by.the property owner. (5) 5.6 Prior to recordation of the final tract map, a note shall be placed on the map indicating proposed fire lanes which shall be approve by the Fire Chief. A plan shall'be approved by the fire department indicating the curbs to be painted red and the type of signage to be utilized. The CC&R's shall contain provision which prohibit parking in the fire lanes and provide a method of enforcement by the Home Owners Association. (5) 5.7 Prior to the issuance of any certificate of. use and occupancy, all street(s) having curb-to-curb width of less than 36 feet shall be red curbed and posted "No Parking -Fire Lane" as per 1988 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. (5) 5.S Prior to he issuance of any grading permits, a fuel modification plan and program shall be approved by the Fire Chief. The plan shall show the special treatment to achieve an acceptable level of risk in regard to the exposures of structures to flammable vegetation and shall address: The method of removal and installation; mechanical or hand labor, and provision for its continuous maintenance. The approve fuel modification plan shall be installed prior to the issuance or building permits, under the supervision of the Fire Chief, and completed prior to the issuance of applicable use and occupancy permits. NOISE (1) 6.1 Prior to the issuance of any building permits: (2) ( 3 ) A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Com~. unity Development Department for approval along witk satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design cf 5he project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustirs. Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 11 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 areas and an interior standard of 45 dBa CNEL in all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. (1) 6.Z Prior to issuance of any Certificates of Use or (3) 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. (1) 6.3 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 (1) 7.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be Submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after their recordation. CC&R's shall inClude but not be limited to the following provisions: ae 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. Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 12 Be The requirement that association bylaws be established. Ce 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. De Membership in any Homeowner's Association or Master Association Shall be inseparable from ownership in individual lots. E. Architectural controls shall be provided and maY include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. Fe Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: i · 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 shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. · 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 Resolution No. 3216 Vesting Tentative Tract 14797 Page 13 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. Ge 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. He Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking or driveway area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. I · Ail utility services serving the site shall be installed and maintained underground. Jo The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for 'the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. Ko Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. n~ Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary by a Homeowner's Association. This Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 14 shall not preclude a Homeowner's Association from assessing charges to individual property owners for structural damage to the wall or fence. Me 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. Ne Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the five-foot public utility easement behind the private street right-of-way. Where such facilities are located on private property within the utility easement, notification shall be given to those owners as to the locations, types and quantities of all facilities as it relates to their specific property. e Maintenance of all manufactured slopes within rear yards shall be the responsibility of the individual property owners. The CC&Rs shall include specific standards for the maintenance of slopes and drainage devices. Pe Maintenance of all slope areas and vacant pads and drainage devices and landscape area lettered lots shall be by the Homeowners' Association. Q~ Compliance~with Condition 4.1 shall require CC&R's to include notification t© future homeowners and purchasers of property that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner(s) unit or purchaser(s) lot, and that the City of Tustin makes no claim, warranty or guarantee that views from any unit or lot will be preserved as development of surrounding properties occur. Re Units maintaining driveway lengths of less than nineteen (19) feet shall prohibit the parking of vehicles and shall be equipped with automatic Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 15 "roll-up" garage doors. Units maintaining driveway lengths of nineteen (19) feet or greater shall be equipped with either automatic "roll-up" or "swing- out" garage doors. Se The Homeowners' Association is responsible ~or 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 use of parking spaces within the subdivision, CC&R's shall include the following acknowledgements and restrictions, which shall also be signed as a separate notification/acknowledge- ment, by each new homeowner in the subdivision: · Project has .5 guest spaces per unit; individual owners shall have no right to use guest spaces for any vehicle. · Individual owners Shall park vehicles only in garage space. In the few cases where the driveway is 19 feet or greater in length, vehicles may be parked on the driveway area provided vehicles do not overhang the public right-of-way or sidewalk easements. · Individual homeowner understands that the subdivision has strict parking regulations that wil-1 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. Prior ~o implementation of such a program, copies of the approved HOA program shall be forwarded to the City of Tustin Police Department and Community DevelcDment Department for review and approval. The Pc!ice Department and Community Development Department shall also be provided with any Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 16 amendments or modifications to the program. Ail parking regulations shall be enforced at time of final occupancy of any phase of the project. Te The CC&R's shall contain provision for the maintenance of the fuel modification zone. All dead and dying vegetation shall be removed annually. Three times a year the irrigation system shall be checked and deficiencies corrected. Ue Deed restrictions shall be recorded on all properties taking access from "B" Street (Units 19 through 54) to preclude modifications to the slope of roof or additions to the building that would extend above the 25 foot maximum height approved as part of DR 93-009. The restriction shall also prohibit modifications to roof color and stucco wall color without approval of the Director of the Community Development Department. TENANT/HOMEBUYER NOTIFICATION (1) 8.1 Prior to issuance of Certificate of Occupancy: (2) A. A document separate from the deed, which will be an information notice to future tenants/homebuyers of aircraft noise impacting the subdivision, shall be recorded. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. Be The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literature for the residential project with the approved aircraft/helicopter noise statement and the approved schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. C · The subdivider shall provide the City with a copy of the approved aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document must be signed by each tenant/homeowner prior to occupancy Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 17 of any unit. The content of the statement shall be approved by the Director of Community Development· prior to circulation. Do 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: le The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). · Advice to homebuyers that proposed school sites may never be constructed. Ze The Subdivider shall provide the City with a statement, signed by each tenant/homebuyer, containing a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. (1) 8.2 Subdivider shall notify all potential homebuyers of the (6) following potential liens/assessments against the (3) subdivided properties: A. Assessment District 86-2. Be City of Tustin 1982 Landscaping and Lighting District as amended. Ce Advise homebuyers of the presence of Mello-Roos Community Facility Act assessments for school facilities within the subdivision. FEES (1) 9.1 Prior to recordation of any final map, Subdivider shall (3) pay plan check and inspection fees for all public and/or (6) private infrastructure improvements within City's responsibility excluding those financed by an Assessment District. (ii 9.2 Prior to issuance of certificates of use or occupancy, the Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 18 required administrative duties related to any Assessment Districts applicable to the subdivision. (1) 9.3 Prior to issuance of any building permits, payment shall (3) be made of all required fees including: (6) A. Major thoroughfare and bridge fees to Tustin Public Works Department. Bo Sanitary sewer connection fee to Irvine Ranch Water District. Ce Grading plan~ checks and permit fees to the Community Development Department. De Ail applicable Building plan check and permit fees to the Community Development Department. Ee Fe New development fees to the Community Development Department. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. Ge He Required East Tustin Facility Fees as may be adjusted to reflect cost of living increases prior to issuance of building permits: 1) civic Center Expansion Fee 2) Irvine Boulevard Widening Fee 3) Fire Protection Facility Fee Payment of all applicable Assessment District 86-2 reapportionment costs as required by the City Engineer. Reapportionment of acreage assessments to individual subdiVided lot assessment. I e Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enable the City to file the Notice of Determination required under Public Resources code Section 21151 and 14 Cal. Code of Regulations 15094. If within such forty-eight hour period that the applicant has not delivere~ to the Community Development Department the adore- Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 19 noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed w~th the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. GENERAL (1) 10.1 Within 24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) 10.2 Prior to occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 10.3 Prior to final map approval: A. sUbdivider shall submit a current title report. Be Provision for landscaping maintenance of landscape lots, pas,os, and easements adjacent to project private streets shall be the responsibility of the adjoining property owners and/or Homeowner ' s Association of Tract 14797. Ce 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. De Street names shall be approved by the City of Tustin Street Naming Committee. Exhibit A - Conditions of Approval Resolution No. 3216 Vesting Tentative Tract 14797 Page 20 (1) ~0.4 Subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development Agreement, EIR 85-2, and applicable conditions for Final Map 13627. (1) ~0.5 The cumulative number of residential units for which (2) certificate of occupancy may be issued shall not exceed (5) the cumulative total of square feet of occupied revenue generating uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. *** ~0.6 Prior to release of building permits, all conditions of approval of Design Review 93-009 and Hillside Review 93- 001 of the subject project shall be complied with as shown on Exhibit A attached to Resolution Nos. 3214 and 3215, respectively, and incorporated herein by reference. sjp:br 3 4 5 6 7 $ 9 10 11 12 14 16 17 19 9.0 21 28 RESOLUTION NO. 94-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 14797 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the Cit~ of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: ae That Vesting Tentative Tract Map 14797 and respective, development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and Be That the projects are covered by a previously certified Final Environmental Impact Report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. II. The East Tustin Specific Plan Final Environmental Impact Report (85-2), previously certified on March 17, 1986 as modified by subsequently adopted supplements and addenda, was considered prior to approval of this project. The City Council hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR, is therefore determined to be adequate to serve as a Program EIR for this project and satisfied all requirements of the California Environmental Quality Act. Further, the City Council finds the project involves no potential for any adverse effect, either individually or cumulatiVely, on wildlife resources; and, therefore, makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmenSal effects thereof. The mitigation measures are identified as Conditions on Exhibit A of Planning Commission Resolution No. 3216 recommending to the City Council approval of Vesting Tentative Tract 1~797 and Exhibit A cf Planning 3 4 5 6 7 8 9 10 12 13 15 ~6 o 17 18 19 20 21 24 26 27 28 Resolution No. 94-05 Page 2 Commission Resolution NOs. 3213, 3214, and 3215 approving Conditional Use Permit 93-010, Design Review 93-009, and Hillside Review 93-001 respectively. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 3rd day of January, 1994. JIM POTTS MAYOR Mary E. Wynn, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATIONN FOR RESOLUTION NO. 94-05 MARY E.--WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 94-05 was duly passed and adopted at a regular meeting of the City Council held on the 3rd day of January, 1994, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk 1 3 4 5 6 7 9 10 11 13 15 16 17 18 19 20 21 ~6 ~7 28 RESOLUTION NO. 94-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 14797 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. 14797 was submitted to the Planning Commission and City Council by California Pacific Homes, for consideration. Be That a public hearing was duly called, noticed and held for said map on December 13, 1993 by the Planning Commission and on January 3, 1994 by the City Council. Ce That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area. De That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to.the development of single family detached dwellings (patio homes). The 1.0584 acres of parkland required for this development was previously dedicated with recordation of Tract 13627. That the City has reviewed the status of the School Facilities Agreements between the Irvine Company and the Tustin Unified School District. The East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impact of vesting Tentative Tract 14797 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed. That the site is physically suitable for the type of development proposed. 3 4 5 6 7 8 9 10 ~2 13 14 ~5 ]6 ~7 18 ! I9 20 21 28 City Council Resolution 94-06 Page 2 He That the site is physically suitable for the proposed density of development. I · That the design of the subdivision or the proposed improvements are not likely to cause sUbstantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. Je 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. K· That the design of the subdivision or the types of improvement proposed are not likely to cause serious public health problems. L· That the proposed project has been reviewed for conformity with the provisions of the Orange County Congestion Management Program, and it has been determined that the additional traffic generated by the proposed project onto the CHP Highway system does not cause the system to exceed established level of service standards. Me That the proposed project has been reviewed for conformity with the provisions of Measure "M"/Growth Management Program, and it has been determined that the proposed project is exempt from the provisions of Measure "M" in that it has entitlement specified in a development agreement entered into in 1985, and the estimated project generated traffic does not cause the roadway system to exceed established levels of service standards. II. The City Council hereby approves Vesting Tentative Tract Map No. 14797, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 3216. 1 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 19 20 21 22 27 28 City Council Resolution 94-06 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 3rd day of January, 1994. Mary E. Wynn, City Clerk JIM POTTS MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS 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 five; that the above and foregoing Resolution No. 94-06 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of January, 1994, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, .City Clerk