HomeMy WebLinkAboutCC 12 TT MAP 14397 08-05-91FINCONSENT CALENDAR NO. 12
Aa - o 8-5-91
n i d r — C 0111
ATE: AUGUST 5, 1991 r" s A
TO: WILLIAM A. HUSTON, CITY MANAGER
F:R C►rt: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: TENTATIVE TRACT MAP 14397
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the environmental determination for the project by
adopting Resolution No. 91-102; and
2. Approve Tentative Tract Map 14397 by adopting Resolution No.
91-103.
BACKGROUND
At their regular meeting on July 22, 1991, the Planning Commission
adopted Resolution No. 2916 recommending approval of Tentative
Tract Map 14397. The Planning Commission, in -conjunction with this
action, also adopted Resolution No. 2915 approving Hillside Review
91-01 and adopted Resolution No. 2921 approving Design Review 90-
50.
Tentative Tract 14397 proposes the subdivision of approximately
63.6 acres of currently undeveloped land in the East Tustin
Specific Plan area into 117 numbered lots and 44 lettered lots.
The project will result in the creation of individual building
sites for the future development of single-family detached dwelling
units at a density of 1.84 dwelling units to the acre.
Located in Sector 2 of the East Tustin Specific Plan (ETSP) , the
site is bounded by the Peter's Canyon Ridgeline and the -proposed
regional park site on the west, Pioneer Road on the east, a
proposed single-family development site identified as Lots 7 and 8
of Tract 13627 on the south and Lot 11 of Tract 13627 on the north.
DISCUSSION
The ETSP designates the project site as Estate Density Residential
and the applicant's proposal for 1.84 dwelling units to the acre is
in conformance. The applicant is proposing a custom and quasi -
custom, single-family development by creating individual building
City Council Report
Tentative Tract Map 14397
August 5, 1991
Page 2
pads. The improvements to the site are limited to the grading of
finished lots to accommodate each of the 117 single-family home
sites to be purchased by individual homeowners. The builder will
also be providing the private street system, common area and slope
landscaping, and street scape design throughout the tract.
Access to the site is proposed from two ingress/egress points on
Pioneer Road. The first combines to form a four-way intersection
at Pioneer Road and Patriot Way. From there, the main loop road,
"A" Drive, winds northerly through the tract and meets Pioneer Road
again at approximately 3,200 feet north of the intersection of
Pioneer Road and Patriot Way. Both of these ingress/egress points
are proposed to maintain unmanned gates for vehicular access.
The site maintains a private street system with the main loop
roadway, "A" Drive, developed to a paved width of 36 feet to
accommodate on -street parking on both sides for guests. The
remaining private streets, "B" through "J" Drives, are developed as
mostly cul-de-sac roadways with a proposed width of 32 feet to
accommodate on -street parking on at least one side for guests.
Overall, the street system complies with the City's adopted Private
Street Standards.
ENVIRONMENTAL ANALYSIS
Based upon the review of the subject map, as well as Environmental
Impact Report 85-2 (as supplemented), issues relating to this
project have been addressed previously.- Also, appropriate
mitigation measures identified in EIR 85-2 have been included as
conditions of approval where applicable. With this information in
mind, it is recommended that the City Council make the finding that
the requirements of the California Environmental Quality Act have
been met and that no further environmental review is required.
CONCLUSION
Given the analysis conducted by staff and in consideration of
comments from other agencies and thepublic, it is concluded.that
Tentative Tract Map 14397 meets the requirements of the East Tustin
Specific Plan, the Subdivision Map Act as adopted, the California
Environmental Quality Act and the City's Grading and Excavation
Code.
City Council Report
Tentative Tract Map 14397
August 5, 1991
Page 3
With the inclusion of conditions of approval listed in the Planning
Commission Resolution No. 2916 for the project, it is recommended
that the City Council adopt Resolution Nos. 91-102 and 91-103
approving Tentative Tract Map 14397.
an E. Bonner
Assistant Planner
Christine A. ShinVeton
Assistant City Manager
Community Development
Attachment(s): Photo Reduction of Tentative Tract 14397 and
Conceptual Plans
Resolution Nos. 91-102 and 91-103
Planning Commission Resolution No. 2916
Planning Commission Staff Report - June 24, 1991
Planning Commission Staff Report - July 22, 1991
Planning Commission Minutes - July 22, 1991
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RESOLUTION NO. 91-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, FINDING THAT FINAL
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST
TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS
MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS
AND ADDENDA) IS ADEQUATE TO SERVE AS THE
PROGRAM EIR FOR TENTATIVE TRACT MAP 14397 AND
ALL FEASIBLE MITIGATION MEASURES HAVE BEEN
INCORPORATED AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustin does hereby
resolve as follows:
I. The City Council finds and determines as follows:
A. That Tentative Tract Map 14397 and respective
development plans are considered "projects"
pursuant to the terms of the California
Environmental Quality Act; and
B. 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
170, 1986 as modified by subsequently adopted
supplements and addenda, was considered prior to
approval of this project. The City Council hereby
finds: this project is within the scope of the
East Tustin Specific Plan previously approved; the
effects of this project, relating to grading,
drainage, circulation, public services and
utilities, were examined in the Program EIR. All
feasible mitigation measures and alternatives
developed in the Program EIR are incorporated into
this project. The Final EIR, is therefore
determined to be adequate to serve as a Program EIR
for this project and satisfies all requirements of
the California Environmental Quality Act. Further,
the City Council finds the project involves no
potential for any adverse effect, either
individually or cumulatively, on wildlife
resources; and, therefore, makes a De Minimis
Impact Finding related to AB 3158, Chapter 1706,
Statutes of 1990.
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Resolution No. 91-102
Page 2
Applicable mitigation measures identified in the
Final EIR have been incorporated into this project
which mitigates any potentially significant
environmental effects thereof. The mitigation
measures are identified as Conditions on Exhibit A
of Planning Commission Resolution No. 2916
recommending approval of Tentative Tract Map 14397;
Exhibit A of Planning Commission Resolution No.
2921, approving Design Review 90-50; and Planning
Commission Resolution No. 2915, approving Hillside
Review 91-01.
PASSED AND ADOPTED by the City Council of the City of
Tustin at a regular meeting held on the 5th day of
August, 1991.
Mary E. Wynn, City Clerk
Charles E. Puckett, Mayor
RESOLUTION NO. 91-103
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP NO. 14397
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
A. That Tentative Tract Map No. 14397 was submitted to
the City Council by Foothill Community Builders
(The Irvine Company), for consideration.
B. That a public hearing was duly called, noticed and
held for said map on June 24, 1991, continued to
July 8, 1991 wherein the item was continued again
to July 22, 1991 before the Planning Commission.
C. That an Environmental Impact Report (EIR 85-2 for
the East Tustin Specific Plan) has been certified
in conformance with the requirements of the
California Environmental Quality Act for the
subject project area.
D. That the proposed subdivision is in conformance
with the Tustin Area General Plan, adopted East
Tustin Specific Plan, Development Agreement and
Subdivision Map Act as it pertains to the
development of single family detached dwellings.
E. The .7812 acres of parkland required for this
development was previously dedicated with
recordation of Tract 13627.
F. That the City has reviewed the status of the School
Facilities Agreement between the Irvine Company and
the Tustin Unified School District, the East Tustin
Specific Plan, EIR 85-2 with subsequently adopted
supplements and addenda, the impacts of Tentative
Tract 14397 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
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Resolution No. 91-103
Page 2
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.
J. That the design of the subdivision or the type of
improvements proposed will not conflict with
easements 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
improvements proposed are not likely to cause
serious public health problems.
II. The City Council hereby approves Tentative Tract Map No.
14397 subject to the conditions contained in Exhibit A of
Planning Commission Resolution No. 2916, incorporated
herein by reference.
PASSED AND ADOPTED by the City Council of the City of Tustin
at a regular meeting held on the 5th day of August, 1991.
Mary E. Wynn, City Clerk
Charles E. Puckett, Mayor
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RESOLUTION NO. 2916
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE
TRACT MAP NO. 14397
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. That Tentative Tract Map No. 14397 was
submitted to the Planning Commission by
Foothill Community Builders (The Irvine
Company), for consideration.
B. That a public hearing was duly called, noticed
.and held for said map on June 24, 1991,
continued to July 8, 1991 wherein the item was
continued again to July 22, 1991.
C. That an Environmental Impact Report (EIR 85-2
for the East Tustin Specific Plan) has been
certified in conformance with the requirements
of the California Environmental Quality Act
for the subject project area.
D. That the proposed subdivision is in
conformance with the Tustin Area General Plan,
adopted East Tustin Specific Plan, Development
Agreement and Subdivision Map Act as it
pertains to the development of single family
detached dwellings.
E. The .7812 acres of parkland required for this
development was previously dedicated with
recordation of Tract 13627:
F. That the City has reviewed the status of the
School Facilities Agreement between the Irvine
Company and the Tustin Unified School
District, the East Tustin Specific Plan, EIR
85-2 with subsequently adopted supplements and
addenda, the impacts of Tentative Tract 14397
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.
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Resolution No. 2916
Page 2
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.
I. That the design of the subdivision or the
proposed improvements are not likely to cause
substantial environmental damage or
substantially and avoidably injure fish or
wildlife in their habitat.
J. That the design of the subdivision or the type
of improvements. proposed will not conflict
with easements 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 improvements proposed are not likely
to cause serious public health problems.
II. The Planning Commission hereby recommends to the
City Council approval of Tentative Tract Map No.
14397 subject to the conditions attached hereto as
Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 22nd day of July, 1991.
KATHLEEN CLANCY,
Secretary
DONALD LE
Chairman
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Resolution No. 2916
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
2916 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 22nd day of
July, 1991.
C-A&�
THLEEN CLANCY
Recording Secretary
r
EXHIBIT A
TENTATIVE TRACT MAP 14397
RESOLUTION NO. 2916
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 1.1 Prior to recordation of final map, the Subdivider shall
(2) prepare plans for and construct or post security guaranteeing
(3) construction of all public and/or private, infrastructure
(6) improvements within the boundary of said tract map in
conformance with applicable City standards, including but not
limited to the following:
A. Curb and gutter/cross gutters
B. Sidewalks including access facilities for physically
handicapped persons
C. Drive aprons/approach
D. Street paving
E.- Street signing and paving
F. Landscaping/irrigation facilities
G. Sanitary sewer service facilities
H. Domestic water service facilities
I. Reclaimed water service facilities
J. Utility connections (i.e., gas, electric, telephone,
and cable T.V. facilities)
K. Traffic signal systems and other traffic control
devices
L. Street and Paseo lighting
M. Storm drains and subdrains (* The private storm drain
facilities within this tract will be maintained by
homeowner's association)
N. Undergrounding of existing and proposed utility
distribution lines
O. Lot monumentation
P. Fire hydrants
Q. Bus stops and other facilities such as bus shelters and
benches
(1) The amount of acceptable security for construction of public
(6) improvements shall be reviewed and approved by the Public
Works Department. The amount and acceptable security for
private improvements shall be reviewed and approved by the
Building Official.
SOURCE CODES
(1)
STANDARD CONDITION
(5)
RESPONSIBLE AGENCY REQUIREMENT
(2)
CEQA MITIGATION
(6)
LANDSCAPING GUIDELINES
(3)
UNIFORM BUILDING CODE/S
(7)
PC/CC POLICY
(4)
DESIGN REVIEW
(8)
PUBLIC WORKS REQUIREMENT
***
EXCEPTION
t
-Txhibit ,
esolutiop No. 2916
Page 2 ;/
(1) 1.2 All construction within -a public right-of-way and/or public
easement must be shown on a separate 24" X 36" plan with all
construction referenced to applicable City, County, or Irvine
Ranch Water District standard drawing numbers.
(1) 1.3 All changes in existing curbs, gutters, sidewalks and other
(6) public improvements shall be responsibility of subdivider.
(1) 1.4 Preparation of plans for and construction of:
(2)
(6) A. All 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.
B. A domestic. water system must be to the standards of the
Irvine Ranch Water District/City of Tustin Water Service,
whichever is applicable at the time of plan preparation..
Improvement plans shall also be reviewed and approved by
the Orange County Fire Department for fire protection
purposes. The adequacy and reliability of water system
design and the distribution of fire hydrants will be'
evaluated. The water distribution system and
appurtenances shall also conform to the applicable laws
and adopted regulations enforced by the Orange County
Health Department. Any required reclaimed water systems
shall be to the standards as required by the Irvine Ranch
Water District.
C. Sewer and water facilities shall be clearly indicated as
publicly maintained. Maintenance access to water
facilities shall be the responsibility of the homeowner's
association and accommodations for such access shall be
established prior to building permit issuance.
(1) 1.5 Proposed streets shall be designed to the following
(5 ) specifications:
(6)
A. All proposed streets shall be designed in substantially
the same width and alignment as shown on the approved
tentative map unless otherwise noted herein or modified
and approved by the Directors of Community Development
and Public Works. Any and all mitigation measures
identified in the traffic study in accordance with
Condition 1.7 contained in this exhibit shall be
incorporated into the project.
r
-- Exhibit' -A
tesolution No. 2916
Page 3
B. The centerline radii of "B" - "J" Drives shall be
designed to accommodate a design speed of 20 m.p.h. which
would require a centerline radius to not be less than 190
feet with a 2% negative super elevation.
C. All streets and drives shall be constructed in accordance
with City requirements in terms of type and quality of
materials used.
D. 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.
E. Parking shall only be permitted on streets as approved by
the Police. and Fire Departments. Signage and red curbing
shall be installed where appropriate.
F. Street names are subject to approval of the Tustin Street
Naming Committee and Community Development Department.
(1) 1.6 Streets, storm drain, water and sewer improvement plans
(6) shall comply with the "City of Tustin" Minimum Design
(8) Standards` for on-site Street and Storm Drain
Improvements.
(1) 1.7 A focus traffic study, prepared by a California Licensed
(8) Traffic Engineer, will be required and paid for by subdivider
prior to the issuance of rough grading permits, which will
need to address, but not be limited to, the following:
A. The locations of the private entries;
B. Lane requirements, lane widths, geometrics, design, etc.
for private streets; and
C. All intersections with respect to location, visibility,
sight distances, traffic control devices, etc.
(1) 1.8 A traffic signal will be required at the intersection of
( 8 ) Patriot Way/ "A" Drive and Pioneer Road. The estimated cost of
this signal is $150,000 and is to be shared as follows:
Tract 14397 50% or $75,000
Tract 14381 25% or $37,500
Tract 14294 250 or $37,500
r
'xhibit A
asolutiop No. 2916
Page 4 %
._The developer -will be required to provide the City with a cash
deposit or surety for ten years, subject to approval by the
Director of Public Works, in the amount of $75,000 prior to
recording the final map.
DEDICATIONS/RESERVATIONS/EASEMENTS
(1) 2.1 The subdivider shall satisfy dedication and/or reservation
(2) requirements as applicable, including but not limited to
(5) dedication of all required street and flood control
(6) right-of-way easements, vehicular access rights, sewer
(g) easements and water easements defined and approved as to
specific location by the City Engineer and other reasonable
agencies.
*** 2.2 Once the location of the Regional Park boundary (Parcel "B",
(8) Tract 13627) is resolved, subdivider will be required to
adjust Tract 14397 boundary, as required by the City, and any
costs associated for a lot line adjustment will be borne by
the subdivider.
*** 2.3 The developer will be required to execute a drainage agreement
(8) to accept the drainage from the Regional Park, which will be
discharged through the private storm drain system within Tract
14397.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 3.1 Prior to recordation of the final map, subdivider shall post
(2) with the Community Development Department a minimum $2,500
(6) cash deposit or letter of credit to guarantee the Sweeping of
streets and clean-up of streets affected by construction
activities. In the event this deposit is depleted prior to
completion of development or City appearance of public
streets, an additional incremental deposit will be required..
(1) 3.2 Any damage done to existing street improvements and utilities
(6) shall be repaired before acceptance of the tract and/or
issuance of a Certificate of Occupancy for the development on
any parcel within the subdivision.
(1) 3.3 Prior to any work in the -public right-of-way, an Excavation
Permit must be obtained from and applicable fees paid to the
Public Works Department.
,
-- Exhibit"A
Zesolution No. 2916
Page 5 /
GMINGIGENERAL 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:
1. Methods of drainage in accordance with all
applicable City standards.
2. All recommendations submitted by geotechnical or
soils engineer and specifically approved by them.
3. Compliance with conceptual grading shown on
tentative tract map.
4. A drainage plan and necessary support documents
such as hydrology calculations to comply with the
following requirements:
a. Provision of drainage facilities to remove any
flood hazard to the satisfaction of the City
Engineer which will allow building pads to be
safe from inundation from rain fall which may
.be expected from all storms up to and
including the theoretical 100 year storm and
dedication of any necessary easements on the
final map as required.
b. Elimination of any sheet flow and ponding
across lot lines.
C. Provision of drainage facilities to protect
the lots from any high velocity scouring
action.
d. Provision for tributary drainage from
adjoining properties.
5. All 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
Exhibit�'A
.esolutiqn No. 2916
Page 6 f
� related matter.
*** 7. Note on plans that a qualified paleontologist/
archeologist, as appropriate, shall be present
during rough grading operations. If resources are
found,* work shall stop in the affected area and a l l
resources shall be excavated or preserved as deemed
appropriate or as recommended by the
paleontologist/ archeologist subject to review and
approval- by the Department of Public Works and
Community Development. All "finds" shall be
reported immediately to the Department of Community
Development. The paleontologist/ archeologist shall
attend the pregrade construction meeting to ensure
that this condition and necessary procedures in the
event of a "find" are explained.
8. Preparation of a sedimentation and erosion control
plan for all construction work related to the
- subject tract including a method of control to
prevent: dust and windblown earth problems.
C. Submittal of a construction traffic routing plan to be
reviewed and approved by the Director of Public Works.
D. Grading of hillside areas shall be consistent with the
Tustin Grading Ordinance and Grading Manual including,
but not limited to the following requirements:
1. Permanent planting bays 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 a maximum of 100 -feet with 250 feet
maximum spacing between openings subject to
variations consistent with Hillside Guidelines as
may be approved by the Community Development
Department. Planting bays should be further
contained and planted with a combination of tree
sizes subject to approval of the Community
Development Department (Refer to Appendix C,
Standard B136 in Grading Manual).
2. Cut and fill slopes in excess of 200 feet in length
should have curvilinear configurations consistent
with recommendations of the soil engineer and
engineering geologist. The bank, and/or top of
slope shall be curved in a convex or concave manner
x
--F.xhlbit A
:solution No. 2916
,eage 7 ;i
.. to provide a variety of slope ratios. The radius
at� the toe of slope shall be no greater than 300
feet subject to variations consistent with Hillside
Guidelines as may be approved by the Community
Development Department.
3. 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 of rounding or contours with a
minimum radius compatible with the existing natural
terrain shall be provided. Manufactured slope
banks, intersecting at or near right angles should
be rounded with a radius at any corner location of
no less than 25 feet subject to variations
consistent with Hillside Guidelines as may be
approved by the Community Development Department
(Refer to Appendix C, Standards B137 and B138 in
the Grading Manual).
4. Where manufactured slope banks approach roadways at
or near right angles above the elevations of the
roadway, the slope should be flattened at the point
of intersections to a slope ratio of 3: 1 or f latter
through the curb returns (Refer to Appendix C,
Standard B139 in the Grading Manual).
5. 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
2915.
6. Submittal of detailed landscaping and irrigation
plan for planting of all slopes. The plan should
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. All permanent cut slopes over five feet and
fill slopes over three feet including
roadsides shall be protected from erosion by
planting of a combination of plant materials
including grasses and ground cover, shrubs and
k
• Y
1•
__ 7xhibit �A
esolution No. 2916
Page 8 .�
trees .
b. Special Erosion Control measures which may
include such items as revegetation mats shall
be in place on all slopes steeper than 4:1
prior to planting as recommended by a soil
engineer and landscape architect and approved
by the community Development Department.
Plants selected and planting methods shall be
suitable for soil and climatic conditions and
validated by a landscape architect and soil
engineer.
C. Slopes required to be planted shall have a
system of irrigation designed to cover all
portions of slope after rough grading.
d. Prior to final certification of rough grading
and before release of grading bond, all
planting shall be installed, established and
growing on slopes for a period of at least 90
days pursuant to Section 11.2(c) of the Tustin
Grading Manual with evidence of effective
rodent control to minimize erosion and
siltation.
e. Prior to approval of the final map or issuance
of a precise grading permit for individual
building pads, a declaration of covenants,
conditions and restrictions provided for the
development and maintenance of slopes and
drainage shall be submitted to and approved by
the Community Development Department and the
City Attorney's office. A copy of the final
documents shall be submitted to the Community
Development Department after recordation.
E. A performance bond shall be posted with the Building
Official pursuant to Section 8914 of the City Code and
the amount shall be based upon the estimated costs of the
grading work, plus the cost of all drainage or other
protective devices and erosion control facilities being
constructed or installed under the permit, and will be
determined by the Building official.
F. All drainage devices shall be designed in accordance with
Section 5.5 of the City's Grading Manual, particularly
related to Subsection C and D and shall utilize earthtone
Mx
F y
---exhibit A
:solution No. 2916
,eage 9
�. coloring and berming.
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.
(5) 5.4 Prior to the issuance of any certificates of use and
.occupancy, all street(s) having a 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, or shall be
widened to provide 30 feet of travelway, curb -to -curb, within
a 48 -foot right-of-way, in a manner meeting the approval of
the Manager, Subdivision Division:
(5) 5.5 Prior to the issuance of any building permits, construction
details for any controlled entry access shall be approved by
the Fire Chief. These details shall include width, clear
height, and means of emergency vehicle override. Installation
of controlled entry access will have an impact on emergency
vehicle response times.
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
}
. 1
--exhibit A
:solution No. 2916
?age 10 J
exterior and interior noise standards shall be submitted to
the Tustin Community Development Department for approval along
with satisfactory evidence which indicates that the sound
attenuation measures specified in the approved acoustical
report(s) have been incorporated into the design of the
project. The acoustical analysis shall be prepared by an
expert or authority in the field of acoustics.
All residential lots and dwellings shall be sound attenuated
against present and projected noises, which shall be the sum
of all noise impacting the project, so as not to exceed an
exterior standard 65 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) 6.2 Prior to issuance of any Certificates of Use or Occupancy,
_(3) 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 All construction operations including engine warm up shall be
(9) subject to the provisions of the City of Tustin Noise
Ordinance and shall take place only during the hours of 7:00
a.m. until 6:00 p.m., Monday through Friday unless the
Building Official determines that said activity will be in
substantial conformance with the Noise Ordinance and the
public health and safety will not be impaired subject to
application being made at the time the permit for the work is
awarded or during progress of the work.
CC&R'S
(1) 7.1 Prior to approval of the final map, all organizational
(3) documents for the project including any deed restrictions,
(8) covenants, conditions, and restrictions shall be submitted to
(9) and approved by the Community Development Department and City
Attorney's office. Costs for such review shall be borne by
the subdivider. A copy of the final documents shall be
submitted to the Community Development Department after their
recordation. CC&R's shall include but not be limited to the
following provisions:
A. Since the City is interested in protecting the public
health and safety and ensuring the quality and
r
_.Exhibit lY
asolutio4 No. 2916
_ age 11 ,%
maintenance of common areas under control of a
Homeowner's Association, the City shall be included as a
party to the CC&R's for enforcement purposes of those
CC&R provision:s in which the City has interest, as
reflected by the following B through N. However, 'the
City shall not be obligated to enforce the CC&R's.
B. The requirement that association bylaws be established.
C. Provisions for effective establishment, operation,
management, use, repair and maintenance of all common
areas and facilities including landscaped areas and lots,
walls and fences and paseos.
D. Membership in any Homeowner's Association and Master
Association shall be inseparable from ownership in
individual lots.
E. Architectural controls shall be provided and may include
but not be limited to provisions regulating exterior
finishes, roof materials, fences and walls, accessory
structures such as patios, sunshades, trellises, gazebos,
awnings, room additions, exterior mechanical equipment,
television and radio antenna.
F. Maintenance standards shall be provided for applicable
items listed in Section C above in CC&R's. Examples of
maintenance standards are shown below:
(1) All common area landscaping and private lawn areas
visible from any public way shall be properly
maintained such that they are evenly cut, evenly
edged, free of bare or brown spots, free of debris
and free of weeds above the level of the lawn. All
planted areas other than lawns shall be free of
weeds, dead vegetation. and debris. All trees and
shrubs shall be trimmed so they do not impede
pedestrian 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.
(2) Common areas shall be maintained in such a manner
as to avoid the reasonable determination of a duly
authorized official of the City that a public
ky
--':xhibit A
asolution No. 2916
,eage 12 ,f
nuisance has been created by the absence of
adequate maintenance such as to be detrimental to
public health, safety, or general welfare, or that
such a condition of deterioration or disrepair
cause harm or is materially detrimental to property
values or improvements within the boundaries. of the
subdivision and Homeowner's Association, to
surrounding property, or to property or
improvements within three hundred (300) feet of the
property may also be added as alternative language.
G. Homeowner's Association approval of exterior improvements
requiring a building permit shall be obtained prior to
requesting a building permit from the City of Tustin
Community Development Department. All plans for exterior
improvements shall conform to requirements set forth by
the City and the CC&R' s . All plans submitted to the City
shall bear the Association's stamp and authorized
signature of approval.
H. Residents shall not store or park any non -motorized
vehicles, trailers or motorized vehicles that exceed 7
feet `high, 7 feet wide and 19 feet long in any parking or
driveway area except for purpose of loading, unloading,
making deliveries or emergency repairs except that the
Homeowner's Association may adopt rules and regulations
to authorize exceptions.
I. All utility services serving the site shall be installed
and maintained underground.
J. The Association shall be required to file the names,
addresses, and telephone numbers of at least one member
of the Association Board and where applicable, a Manager
of the project before January 1st of each year with the
City of Tustin Community Development Department for the
purpose of contacting the association in the case of
emergency or in those cases where the City has an
interest in CC & R violations.
K. Disclosure information related to aircraft noise
impacting the subdivision, as approved by the City of
Tustin Community Development Department.
L. Perimeter project block walls to be constructed on
private property shall be maintained and replaced, if
necessary by a Homeowner's Association. This shall not
r
- Exhibit 1�
tesolution No. 2916
Page 13-/
preclude a Homeowner's Association from assessing
damageges
to
to individual property owners for structural
the wall or fence.
o alter, modify, terminate or change the
Homeowner's
M. No
amendment
As ociation's obligation to maintain the
common areas and the project perimeter wall eorother noted
provisions in which the City has
interest,
a t aor change the
above, or to alter, modify,
City's right to enforce maintenance of the commonareas
and maintenance of the project perimeter wall,
approval shall be
of the City
of Tustin Community Development effective without the prior Departent.
N. Provisions shall be made to specifically identify ocated
that
street light standards and mailboxes may
within the three foot public utility easement uch lbehind
are
private street right-of-way.Where he utility easement,
located on private property within
notification shall be given to those owners as to the
locations, types and quantities of all facilities as it
relates to their specific property.
O. Maintenance of all manufactured slopes on individulots
ty
shall be the responsibility of the individual property
owners.
P. Maintenance of slope areas and landscape areas lettered
Lot "A" , "B"r "C" If "D" and "I" shall be by the
wners
Association.
Q.
Compliance with Condition 4.1 D.6.e shall require'CC&R's
to include notification to future homeowners an
purchasers of property ert 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
ws
from any unit or lot will be preserved as development of
surrounding properties occur.
TENANT/HOMEBIIYER NOTIFICATION
(1) 8.1 Prior to issuance of Certif icate of Occupancy:
(2) A. A document separate from the deed, which will be an
information notice to future tenants/homebuyers of
r
__ Exhibit %A
Zesolutign No. 2916
Page 14J
._ 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.
B. The subdivider shall provide the City with a copy of the
approved aircraft/helicopter noise statement which shall
contain a disclosure document on aircraft notification.
Said document must be signed by each tenant/homeowner
prior to occupancy of any unit. The content of the
statement shall be approved by the Director of Community
Development prior to circulation.
C. The developer shall provide the City with a schools
notification statement which shall be reviewed and
approved by the Director of Community Development and
participation by the governing school district which
shall indicate:
(1) The location of existing and proposed elementary,
middle and high schools which will serve the
}subdivision (text and map).
(2) Advice to homebuyers that proposed school sites may
never be constructed.
D. 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 Assessment/Maintenance Districts affecting the
property:
A. Assessment District 86-2
B. City of Tustin 1982 Landscaping and Lighting District as
amended.
FEES
(1) 9.1 Prior to recordation of any final map, Subdivider shall pay
(3) plan check and inspection fees for all public and/or private
}
C
__._Exhibit -A
asolutiop No. 2916
age 15/
(6) � infrastructure improvements within City's responsibility
(9) excluding those financed by an Assessment District.
(1) 9.2 Prior to issuance of certificates of use or occupancy, the
(6) Subdivider shall pay all costs related to the calculation of
the revised parcel assessments, the preparation of the revised
assessment diagram and other required administrative duties
related to any Assessment Districts applicable to the
subdivision.
(1) 9.3 Prior to issuance of any building permits, payment shall be
(3) made of all required fees including:
(6)
(9) A. Major thoroughfare and bridge fees to Tustin Public Works
Department.
B. Sanitary sewer connection fee to Orange County Sanitation
District.
C. Grading plan checks and permit fees to the Community
Development Department.
D. All applicable Building plan check and permit fees to the
Commuhity Development Department.
E. School facilities fee to the Tustin Unified. School
District subject to any agreement reached and executed
between the District and the Irvine Company.
F. Required East Tustin Facility Fees as may be adjusted to
reflect cost of living increases prior to issuance of
building permits for an individual residence:
1) Civic Center Expansion Fee
2_) Irvine Boulevard Widening Fee
3) Fire Protection Facility Fee
H. Within forty-eight (48) hours of approval of the subject
project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
COUNTY CLERK in the amount of $25.00 (twenty-five
dollars) pursuant to AB 3185, Chapter 1706, Statutes of
1990, enable the City to file the Notice of Determination
required under Public Resources code Section 21151 and 14
Cal. Code of Regulations 15094. If within such forty-
eight (48) hour period that the applicant has not.
delivered to the Community Development Department the
above -noted check, the approval for the project granted
herein shall be considered automatically null and void.
r,
1 .
---Exhibit'A
.esolution No. 2916
Page 16J
In addition, should the Department of Fish and game
reject the Certificate of Fee Exemption filed with the
Notice of Determination and require payment of fees, the
applicant shall deliver to the Community Development
Department, within forty-eight (48) hours of
notification, a cashier's check payable to the COUNTY
CLERK in the amount of $850 (eight hundred f ifty 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.
(1) 9.4 Payment of all Assessment District No. 86-2 reapportionment
(8) fees prior to recordation of the final map for this tract.
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.
B. Provision for landscaping maintenance of landscape lots,
paseos and easements adjacent to project private streets
shall be the responsibility of the adjoining property
owners and/or Homeowner's Association of Tract 14295.
C. Subdivider shall submit a duplicate mylar of the Final
Map, or 8 1/2 inch by 11 inch transparency of each map
sheet prior to final map approval and "as built" grading,
landscape and improvement plans prior to Certificate of
Acceptance.
(1) 10.4 Subdivider shall conform to all applicable requirements of the
State Subdivision Map Act, the City's Subdivision Ordinance,
in the East Tustin Specific Plan and Development Agreement,
EIR 85-2, and applicable conditions for Final Map 13627.
r
ti.
Exhibit "A
esolutian No. 2916
_,age 17 t�
(1) 10.5,_._The cumulative number of residential units for which
(9) certificate of occupancy may be issued shall not exceed the
(5) cumulative total of square feet of occupied revenue generating
(2 ) uses; or equivalents as shown in the East Tustin Specific Plan
Development Agreement.
10.6 Prior to release of building permits, all conditions of
approval of Design Review 90-50 and Hillside Review 91-01 of
the subject project shall be complied with as shown on Exhibit
A attached to Resolution Nos. 2921 and 2915, respectively, and
incorporated herein by reference.
AEB:nm
ITEM #3 � � _�'
ep onUS
to the T
;�
Planning Commission
DATE: JUNE 24, 1991
SUBJECT: TENTATIVE TRACT MAP 14397, DESIGN REVIEW 90-50 AND
HILLSIDE REVIEW 91-01
APPLICANT/
OWNER: FOOTHILL COMMUNITY BUILDERS
550 NEWPORT CENTER DRIVE
NEWPORT BEACH, CA 92658
LOCATION: LOTS 9, 10, Y, DD AND A PORTION OF PARCEL B OF
TRACT 13627
ZONING: ESTATE DENSITY RESIDENTIAL/HILLSIDE DISTRICT
EAST TUSTIN SPECIFIC PLAN
- ENVIRONMENTAL
STATUS: THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED
EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO
ADDITIONAL ENVIRONMENTAL DOCUMENTATION IS REQUIRED.
REQUEST: 1. AUTHORIZATION TO CREATE 118 NUMBERED LOTS AND
44 LETTERED LOTS BY SUBDIVIDING APPROXIMATELY
63.6 ACRES FOR THE ULTIMATE DEVELOPMENT OF
SINGLE-FAMILY DETACHED DWELLINGS.
2. APPROVAL OF THE CONCEPTUAL LANDSCAPE PLANS AND
RELATED SITE IMPROVEMENTS.
3. APPROVAL OF THE CONCEPTUAL GRADING PLANS FOR
CONFORMANCE WITH THE REQUIREMENTS OF HILLSIDE
REVIEW.
RECOMMENDATION
It is recommended that the Planning Commission take the following
actions:
1. Continue these items to a date certain and provide direction
to staff and the applicant to make revisions to the conceptual
grading plans that would incorporate the feasible mitigation
measures identified in certified EIR (85-2) for the East
Tustin Specific Plan and those requirements stated for
Hillside Review in City Code Section 8914(c)(8), the East
r
Planning Commission Report
TTMT14397, DR 90-50, Hillside Review 91-01
June 24, 1991
Page 2
Tustin S ecific Plan Section 2.13 and 2.14 and the City's
p
Grading Manual Section 10.0; and
2. Request est that the applicant agree on the public record ti
which requires
waive
the 50 -day time limit, as required by Section 6445 that a
the California Government Code, Commission) take action
recommending body (the Tustin Planning application was
on a tentative map within 50 days from the a time frame for the
accepted as complete, which establishes
Planning Commission to render a decision on thWaproject hbs
g
July 17, 1991. Should the applicant decline g
requirement, it is recommended that the Planning Commission
continue the item to July 81 1991 to render a decision.
BACKGROUND
The applicant proposes to subdivide an approximately 63.6 -acre site
into 118 numbered and 44 lettered lots for the ultimate development
of single-family detached dwellings.
Located in Sector 2 of the East Tustin Specific Plant (ETSro, the
proposed
site is bounded by the Peter's Canyon Ridgeline and pon the east, a proposed
regional park on the west,Pioider Road as Lots 7 and 8 of Tract
single-family development site of Tracts 13627 on the north.
13627 on the south and Lot
Prior to development, the Planning Commission must t recomm end
approval of the proposed Tentative Tract Map to the y Council,
approve a Design Review and Hillside Review of the Code. project
Planning
pursuant
to the provisions of the ETSP and City
Commission must also determine that the certified EIR d(that all
b
adequate to serve as the program EIR h
feasible mitigation measures have been incorporated into the
project.
A public hearing notice identifying the time, date ain the tion or
P published
in
the public hearing on this project was p
News. Property owners within 300 feet of the site weren of ed o
f
the hearing by mail and notices were po
ty
Halland the Police Department. The applicant was informed of the
availability of a staff report on this project.
PROJECT DESCRIPTION/ SITE PLAN
The ETSP designates the project site as Estate Density Resod ntisltwo
The maximum allowable density for this land use design
,r
. s
Planning Commission Report
TTM�l14397, DR 90-50, Hillside Review 91-01
June 24, 1991
Page 3
dwelling units per acre. The proposed density is 1.85 dwelling
units per acre, approximately eight (8) percent less than the
allowable density.
The applicant is proposing a custom and quasi -custom single family
development by creating individual building pads. The improvements
to the site are limited to the grading of finished lots to
accommodate each of the 118 single family home sites to be
purchased by individual builders for resale or by individual
homeowners. The builder will also be providing the private street
system and street scape design throughout the tract.
Access to the site is proposed from two ingress/egress points on
Pioneer Road. The first combines to form a four-way intersection
at Pioneer Road and -Patriot Way. From there, the main loop road,
"A" Drive, winds northerly through the tract and meets Pioneer Road
again at approximately 3,200 feet north of the intersection of
Pioneer Road and Patriot Way. Both of these ingress/egress are
proposed to maintain unmanned gates for vehicular access.
The site maintains a private street system with the main loop
roadway, "A" Drive, developed to a paved width of 36 feet, which
would allow parking on both sides of the street. The remaining
private streets, "B" - "J" Drives, are developed as mostly cul-de-
sac roadways with a proposed paved width of 32 feet; which would
accommodate parking on at least one side of the street. Overall,
the street system complies with the City's Private Street
Standards; however, the applicant is requesting to deviate from the
required design speed of 25 m.p.h. to 20 m.p.h. for "B" - "J"
Drives. Staff has reviewed these requests with the City's plan -
check consultant and has determined that the request is reasonable
and that it is within the Planning Commission's purview pursuant to
Section 10.5 of the City's Grading Manual, through the
discretionary authority, to consider these requests as a finding
can be made that these road alignments, with the exception of "F"
Drive, will help minimize grading impacts in that the center line
radii proposed conforms closely to the existing topography.
LANDSCAPING/HARDSCAPE
The conceptual landscaping plan meets the requirements of the ETSP
and is generally consistent with the City's landscaping guidelines.
The proposed landscaping consists of a variety of evergreen and
deciduous trees, shrubs, vines and groundcovers. The main project
entry and main loop roadway theme tree is proposed to consist of
California Pepper trees. The secondary private street theme tree
is proposed to consist of a Eucalyptus species, Red Flowering Gum.
S
,1•
Planning Commission Report
TTM -T14397, DR 90-50, Hillside Review 91-01
Jun 24, 1991
Page 4
Numerous pines and Eucalyptus are also used throughout the site in
addition to the landscaped lots adjacent to Pioneer Road which will
be installed by Foothill Community Builders.
Since the landscaping plan is only illustrative, actual quantities,
species, locations and sizes of plant materials would be determined
during building plan check. All perimeter walls and boundary
landscaping proposed is consistent with the approved treatment for
Tract 13627 and include both the standard community wall treatment
as well as "view" fencing similar to that used in Phase III around
the golf course. Additionally, the design for the gated entrances
is compatible with the approved perimeter walls.
HILLSIDE REVIEW
The site has been partially rough -graded as part of the grading for
Tract 13627. The grade changes approximately 155 feet through the
site from the northerly building pad, lot 1 to the southeasterly
building pad, lot 54, of the site. Extensive grading is proposed
to create building pads and roadways. Standard retaining walls and
crib walls are utilized throughout the site and vary in height from
four feet to ten feet. These walls occur most often adjacent to
the private streets and include landscape elements to help soften
their impact.
Overall, the proposed conceptual grading plan has been designed in
accordance with those criteria and guidelines for projects within
the Hillside District established in Section 10.0 of the City's
Grading Manual, Section 2.13 of the East Tustin Specific Plan and
Section 8914 et seq of the City Code. In considering the approval
of this Hillside Review application, the Planning Commission must
consider whether the project is consistent with all of the
applicable objectives stated in Section 8914(c)(8) of the City
Code, a copy of which is provided as Attachment A. In order to
make these findings, compliance with the Grading Manual needs to be
assured.
Section 10.0 of the Grading Manual is broken down into guidelines
and criteria addressing land modification, design, siting,
drainage, vegetation and planting, circulation and architectural.
In reviewing this project with each of these sections, staff is
able to identify many areas of the plan where the guidelines have
been incorporated into the proposed grading. Provided in the
following discussion are two examples:
° Section 10. 1(b) (3 ) and 10. 1 ( a) (2 ) provide direction that
where manufactured slopes meet natural slopes, adequate
r
Planning Commission
TTM 714397, DR 90-50,
June 24, 1991
Page 5
Report
Hillside Review 91-01
transitions have been provided through the use of a variety of
slope ratios and horizontal radii providing contours which
blend and undulate with the character of the hillside.
Evidence of this can be found in those manufactured slope
areas depicted in Lots H and C.
Most of the roadways throughout
topography and climb along the
thereby providing open slope arc
pad siting, as indicated in Sec
this is most obvious in the siti:
tract. This roadway curves and
topography.
the tract conform to existing
slopes, varying in gradient
as and complimentary building
tion 10.1(a) (8) . Evidence of
Zg of "A" Drive throughout the
climbs in relationship to the
Section 10.2(f.) and (g) require the preservation of the
central Peter's Canyon ridge by requiring that structures
adjacent to the ridgeline be sited so that the top of roof
lines occur below this elevation. Evidence of this can be
demonstrated in the building envelope criteria that requires
that lots 1 through 15 and lots 116 through 118 indicate
grades and respective building heights that will not impact
the view to the ridgeline. A condition of approval would be
included and each of the individual developments of these lots
would be compared to the profile sections provided by the
applicant to determine impacts and permissible grading.
As previously stated, the overall conceptual grading plan has
incorporated the various guidelines stated. However, staff has
been unable to resolve inconsistences related to that area of the
project identified as "F" Drive, numbered lots 64 through 71 and
lettered lot "CC." The impacts related to the proposed grading in
this portion of the tract are found to be insensitive to the
requirements under Hillside Review. The most basic reason for this
is related to the grading technique being utilized, that being
"flat -topping" a knoll hilltop which is specifically stated in the
grading manual as a technique to be avoided. This area presently
maintains slopes between approximately 7% to almost 30%, averaging
25%; and the proposed grading would result in areas with 1% slope,
which is relatively flat. Because of this, several inconsistencies
with the City's Grading Manual are found and include the following:
1. Sections 10.1(a) (1) , (5) and (7) : Related guidelines for land
modification specify that use of a series of smaller pads that
conform to the natural contour and follow the form of the
hillside rather than utilization of large, square-shaped pads.
Additionally, development should be clustered to minimize
grading impacts and/or retain natural features and roadways
k
A,
Planning Commission Report
TTM ,,14397, DR 90-50, Hillside Review 91-0.1
June 24, 1991
Page 6
should conform to existing topography. Grading should
incorporate open slope areas which are landscaped and provide
a natural, hillside appearance. The project is not in
compliance in that the existing knoll hilltop within this
tract is proposed to be leveled flat to accommodate a roadway
and eight building pads resulting in a significant change in
the topography.
2. Sections 10.2(b), (d) and (h): Related guidelines for siting -
specify that development should be planned in a way so as to
preserve or enhance overall landform character; particularly
those seen from public spaces. Additionally, typical padded
lot solutions should be avoided to minimize grading by
providing pads and roadways that conform to the natural
topography. The grading of ridgelines other than the central
Peters Canyon ridge should be minimized to avoid negative
visual impacts by retaining a rounded natural terrain
appearance. No excessive, f lat-plained reconstruction shall
occur. The project is not in compliance in that the existing
knoll hilltop within this tract will.be significantly altered
due to the significant change in elevation from the highest
point presently at 532 feet to an approximate elevation of 475
feet, a difference in grade of almost 60 feet over an area
covering three (3) acres. In order for the Commission to
visualize these dimensions, building heights of 60 feet can be
observed at the Tustih Market Place and the proposed
neighborhood park site at the corner of Heritage Way and
Myford Road is approximately three acres in size.
ENVIRONMENTAL ANALYSIS
Based upon review of Tentative Tract Map 14397, Design Review 90-50
and Hillside Review 91-01, as well as Environmental Impact Report
85-2 (as supplemented), where significant environmental impacts
were identified and corresponding mitigation measures were
developed related to development within the Hillside District, it
can be determined that EIR 85-2 is adequate to serve as the program
EIR for this project. However, pursuant to Section 15168(c)(3) of
the California Environmental Quality Act, the Planning Commission
is required to assure that all feasible mitigation measures stated
in the program EIR have been incorporated, into the submitted
project or can be included as conditions of approval. The
following mitigation measures are still considered feasible for
this project and should be addressed on the submitted plans:
EIR 85-2, page 28: All applicable policies of the Hillside
District Guidelines in regard to landform modifications will
4 .
Planning Commission
TTM ---,14397, DR 90-50,
June 24, 1991
Page 7
Report
Hillside Review 91-01
be applied in order to achieve a design concept that minimizes
grading and landform alternative impacts (See Section 2.13 and
2.14 of the Specific Plan text for a complete listing of
applicable policies). A partial listing of such concepts
includes the following:
Cluster development to minimize grading impacts and/or
retain natural features.
- Design roadways to conform to existing topography, where
feasible; consider modified road standards to reduce
adverse grading impacts.
Grading should incorporate open slope areas which are
landscaped and provide an appearance of a natural
hillside.
° EIR 85-2. pages 210-211: In the hillside area, measures set
forth in the East Tustin Specific Plan, Hillside District
Guidelines, will be implemented with the project development.
The objective of design guidelines is to enhance the visual
harmony between existing landform and the new development.
The summary below provides those district guidelines directly
applicable to visual resources. The Hillside District
Guidelines can be found in their entirety in Section 3.13 of
the East Tustin Specific Plan.
- Consideration should be given to the preservation or
enhancement of significant natural features which can be
seen from public places.
- On -slope areas generally steeper than 25 percent, typical
padded lot solutions should be avoided.
- Minimize grading by carefully siting buildings and
roadways to conform with natural topography.
- Where feasible, grading and siting practice should
reflect the natural topography of the land, and minimize
creation of excessively large level areas by grading.
With this information in mind, it is recommended that the Planning
Commission provide direction to the applicant regarding these
outstanding mitigation measures as these measures are duplicated
and reinforced into the City's Grading Manual, Section 10.0 and the
East Tustin Specific Plan Section 2, 13. Therefore, as demonstrated
in the discussions provided in Hillside Review included herein, it
Planning Commission
TTM: -14397, DR 90-50,
June 24, 1991
Page 8
Report
Hillside Review 91-01
i
has been determined that the project is not implementing these
measures.
ISSUES
The outstanding issues related to this project warrant careful
consideration by the Planning Commission. As a result of the
discussions provided there are several options available to the
Planning Commission at this time:
1. Continue these items to a date certain to allow the applicant
to address these outstanding issues, including the request
that the applicant waive the 50 -day time period ruling. This
would allow for the Commission to consider a revised proposal
that could be found consistent with all of the applicable
criteria discussed within this report.
2. Should the applicant refrain from agreeing to a waiver of the
50 -day time period ruling, the Planning Commission should
adopt Resolution 2915 and 2916 as submitted, denying the
Hillside Review and Tentative Tract Map. Additionally, the
Planning Commission should table the Design Review. This
would assure that a timely decision was made regarding the
tentative map. However, it would also open the item for
consideration by the City Council in the event that an appeal
is filed
3. Should the applicant not agree with a continuance of the item,
the Planning Commission should adopt Resolutions 2915.and 2916
as submitted and table the Design Review. The results of this
action would be the same as those in #2 above.
4. Should the Planning Commission disagree with staff's analysis
of the project, and find that the outstanding mitigation
measures of EIR 85-2 related to Hillside Review discussed are
not feasible related to this project, direction should be
provided to staff to bring resolutions for approval of the
subject requests back for the Planning Commission's adoption.
This action requires that the Commission state in the public
record that those remaining mitigation measures discussed
within this report are not feasible for this project and,
therefore, determine that all feasible mitigation measures
have been included in the project as submitted.
Jr
Planning Commission
TTM x14397, DR 90-50,
Jun6 24, 1991
Page 9
CONCLUSION
Report
Hillside Review 91-01
Given the analysis conducted by the Community Development
Department, it is concluded that this project fails to meet the
requirements of the East Tustin Specific Plan, Section 2. 13 and the
California Environmental Quality Act, Section 15168 (c) (3) . It is,
therefore, recommended that the Planning Commission take the
following actions:
1. Continue these items to a date certain and provide direction
to staff and the applicant to make revisions to the conceptual
grading plans that would incorporate the feasible mitigation
measures identified in certified EIR (85-2) for the East
Tustin Specific Plan and those requirements stated for
Hillside Review in City Code Section 8914(c)(8). the East
Tustin Specific Plan Section 2.13 and 2.14 and the City's
Grading Manual Section 10.0; and
2. Request that the applicant agree on the public record to waive
the 50 -day time limit, as required by Section 66452.1(a) of
the California Government Code, which requires that a
recommending body (the Tustin Planning Commission) take action
on a tentative map within 50 days from the application was
accepted as complete, which establishes a time frame for the
Planning Commission to render a decision on the project by
July 17, 1991. Should the applicant decline waiving this
requirement, it is recommended that the Planning Commission
continue the item to July 8, 1991 to render a decision.
Bonner
Assistant Planner
Attachments:
AEB:nm
Resolution Nos.
Initial Study
Attachment A -
0j; C *)16;2 --
Christine . Shing eton
Assistant City Manager
Community Development
2915 and 2916
Tustin City Code 8914(c)(8)
ITEM #3
:eport_Ao the
Planning Commission
DATE: JULY 22, 1991
SUBJECT: TENTATIVE TRACT MAP 14397, DESIGN REVIEW 90-50 AND
HILLSIDE REVIEW 91-01
APPLICANT/
OWNER: FOOTHILL COMMUNITY BUILDERS (THE IRVINE COMPANY)
550 NEWPORT CENTER DRIVE
NEWPORT BEACH, CA 92658
LOCATION: LOTS 9, 10, Y, DD AND A PORTION OF PARCEL B OF
TRACT 13627
•ZONING: ESTATE DENSITY RESIDENTIAL/HILLSIDE DISTRICT
EAST TUSTIN SPECIFIC PLAN
ENVIRONMENTAL
STATUS: THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED
EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO
ADDITIONAL ENVIRONMENTAL DOCUMENTATION IS REQUIRED.
REQUEST: 1. AUTHORIZATION TO CREATE 117 NUMBERED LOTS AND
44 LETTERED LOTS BY SUBDIVIDING APPROXIMATELY
63.6 ACRES FOR THE ULTIMATE DEVELOPMENT OF
SINGLE-FAMILY DETACHED DWELLINGS.
2. APPROVAL OF THE CONCEPTUAL LANDSCAPE PLANS AND
RELATED SITE IMPROVEMENTS.
3. APPROVAL OF THE CONCEPTUAL GRADING PLANS FOR
CONFORMANCE WITH THE REQUIREMENTS OF HILLSIDE
REVIEW.
RECOMMENDATION
It is recommended that the Planning Commission take the following
actions:
1. Approve the environmental determination for the project by
adopting Resolution No. 2920;
2. Approve Hillside Review 91-01 by adopting Resolution No. 2915,
as submitted or revised;
f'
•• 1
Y
Planning Commission Report
TTM :14397, DR 90-50 and Hillside Review 91-01
Jul 22, 1991
Page 2
y
3. Approve Design Review 90-50 by adopting Resolution No. 2921,
as submitted or revised; and
4. Recommend to the City Council approval of Tentative Tract Map
14397 by adopting Resolution No. 2916, as submitted or
revised.
BACKGROUND
The subject project was continued from the Planning Commission
meeting of July 8, 1991 to provide additional time for the
applicant to prepare the necessary exhibits and revisions to the
tentative map in accordance with the direction provided by the
Planning Commission at their meeting of June 24, 1991. The
applicant was directed to bring a revised proposal depicting a
design solution that provided a more sensitive grading technique as
it was determined that the area depicted as "F" Drive maintained
several inconsistencies with the guidelines and criteria stated in
the City's Grading Manual. The discussion in this staff report is,
therefore, limited to the manner in which grading issues in the
vicinity of "F" Drive have been addressed. Please refer to the
attached staff report dated June 24, 1991 for additional discussion
on other areas of the project.
Because this item was continued
public noticing was required for
informed of the availability of
DISCUSSION
HILLSIDE REVIEW
to a date certain, no additional
this project. The applicant was
i staff report on this project.
The original proposal, submitted before the Commission on June 24,
1991, included a conceptual grading plan that was found to be
deficient in meeting several of the applicable objectives stated in
Section 8914(c)(8) of the City Code. More specifically, the
project in the vicinity of the proposed "F" Drive, was found to be
inconsistent with several subsections of Section 10.0 of the City's
Grading Manual (see the attached June 24, 1991 staff report).
As a result of the direction provided by the Commission, the
applicant has revised their. subdivision map and conceptual grading
plans to provide a more sensitive grading technique. The following
summarizes the modifications made in the vicinity of "F" Drive, and
Planning Commission Report
TTM A43971 DR 90-50 and Hillside Review 91-01
Jul 22, 1991
Page 3
how these changes demonstrate conformance with the guidelines
stated for Hillside Review in the Grading Manual:
1. The cul-de-sac roadway length of "F" Drive has been shortened
from approximately 350 feet to 250 feet measured from its
intersection with "A" Drive which results in a need to grade
less of the natural terrain to accommodate the roadway. The
location of the roadway will be mostly concentrated in the
"saddle" portion of the landform where the slope is less steep
and averages 7%. This modification provides for the roadway
to be sited in such a way that closer conformance with the
underlying terrain is achieved, which is encouraged in
Sections 10.1(a)(1) and (6) of the Grading Manual.
2. The number of lots and building pads has been reduced from
eight to seven fronting on "F" Drive, eliminating the original
lot proposed at the terminus of the cul-de-sac which was
causing the "flat-topped" appearance resulting in the most
negative visual impact. This modification will allow for more
of the natural terrain to remain as it presently exists which
is strongly encouraged in Sections 10.1(a)(1) and 10.2(b) of
the Grading Manual.
3. By eliminating one of the lots and shortening the cul-de-sac,
a great amount of land area would retain the natural slope
feature on the southeast face of the hilltop landform while
accommodating a manufactured slope. The manufactured slope
area utilizes recontouring that will vary in gradients to
provide a natural undulating appearance on the northwest face
of the hilltop rather than providing a straight, hard edge 2:1
slope condition. This modification results in retaining the
soft, natural ridgeline feature which is so prominent, thereby
satisfying the objectives of the guidelines stated in Sections
10. 1(a) (5) , (7) and 10.2(b) and (h) .
The applicant. is requesting a minor deviation from the typical
slope section provided as detail B141 in the City's Grading Manual
related to how a manufactured slope is graded for that area
depicted in Section A -A on the conceptual grading plan. Throughout
the development, the applicant is proposing to use detail B141,
where applicable, thereby creating an undulating topography that
blends well with existing terrain. However, in order to
accommodate"A" Drive and to minimize the amount of grading on the
knoll, the applicant is proposing to utilize only 2:1 slopes
between terraces rather than graduating between terraces beginning
at 5:1, 3:1, 2:1, 3:1 and back to 5:1 as the slope rolls upward.
The applicant is still proposing to utilize a ten -foot vertical
c
Planning Commission Report
TTM T14397, DR 90-50 and Hillside Review 91-01
Jul 22, 1991
Page 4
y
curve detail providing the rounded appearance to obscure the view
of the terrace drain. In order to retain as much of the natural
slope on the knoll feature, it is appropriate for the Commission to
authorize this deviation for that slope area depicted in Section A-
A on the conceptual grading plan on Landscape Lot B by including a
condition of approval within the resolution approving Hillside
Review 91-01.
ISSUES
There are no outstanding issues related to the project, other than
those previously identified and addressed in either the revised
plans or proposed as conditions of approval.
ENVIRONMENTAL ANALYSIS
Based upon review of revisions to Tentative Tract Map 14397, Design
Review 90-50 and to the conceptual grading plan for Hillside Review
91-01, it has been determined that all feasible mitigation measures
identified in EIR 85-2 have been implemented or will be
incorporated as conditions of approval for this project.
Therefore, it can be determined that EIR 85-2 can serve as the
program EIR for this project and it is recommended that the
Commission make the finding that requirements of the California
Environmental Quality Act have been met and that no further
environmental review is required.
CONDITIONS OF APPROVAL
A list of conditions of approval is included within the attached
resolutions. Outside of specific issues discussed in this report,
conditions of approval are standard conditions required by either
the ETSP, other applicable municipal codes, the approved
Development Agreement for the project area, or requirements of City
departments or outside reviewing agencies. Staff will respond to
any questions concerning listed conditions at the July 22, 1991
meeting.
CONCLUSION
Given the analysis conducted by the Community Development
Department and in consideration of the comments from other agencies
and the public, it is concluded that this project meets the
requirements of the East Tustin Specific Plan, the Subdivision Map
Act, as adopted, The City's Grading Manual and the California
Environmental Quality Act. It is, therefore, recommended that the
- Planning Commission Report
TTM -14397, DR 90-50 and Hillside Review 91-01
Jul- i 22, 1991
Page 5
Planning Commission approve Hillside Review 19-01 and Design Review
90-50 and recommend the approval to the City Council of Tentative
Tract Map 14397.
e Bonner
Assistant Planner
Christine A. Shing on
Assistant City Manager
Community Development
Attachments: Resolution Nos. 2915, 2916, 2920 and 2921
AEB:nm
Planning Commission Minutes
July 22, 1991
Page 4
allowable sign area by adopting Resolution No. 2922 revised
follows:
Exhibit A, page 1, item 1.5: "Yorba Street" should be c gsd to
"the Enderle Center parking area".
Exhibit A, page 1, item 1.6: "the Enderle Cente parking area"
should be changed to "Yorba Street".
Add a new item 1.8 to read: "The totalsiness identification
wall sign area for the restaurant shall limited to a maximum of
114 square feet." and re -number the numbers that follow
accordingly.
Exhibit A. page 2, the new i
"north front".
Motion carried 5-0.
.10: "east" should be changed to
Commissioner Kasparian moved Baker seconded to approve Conditional
Use Permit91-1 aadouthorizing the sale of beer and wine for on-site
consumption pting Resolution No. 2923, as submitted. Motion
carried 5-
S�gioner Kasparian moved, Baker seconded to approve the use of
ed neon lighting for signs by adopting a Minute Order. Motion
ed 5-0.
3. Tentative Tract Map 14397, Design Review 90-50 and Hillside
Review 91-01
APPLICANT/
OWNER:
FOOTHILL COMMUNITY BUILDERS (THE IRVINE COMPANY)
550 NEWPORT CENTER DRIVE
NEWPORT BEACH, CA 92658
LOCATION:
LOTS 9, 10, Y, DD AND A PORTION OF PARCEL B OF
TRACT 13627
ZONING:
ESTATE DENSITY RESIDENTIAL/HILLSIDE DISTRICT -
EAST TUSTIN SPECIFIC PLAN
ENVIRONMENTAL
STATUS:
THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED
EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO
ADDITIONAL ENVIRONMENTAL DOCUMENTATION IS REQUIRED.
REQUEST:
1. AUTHORIZATION TO CREATE 117 NUMBERED LOTS AND
44 LETTERED LOTS BY SUBDIVIDING APPROXIMATELY
Planning Commission Minutes
July 22, 1991
Page 5
63.6 ACRES FOR THE ULTIMATE DEVELOPMENT OF
SINGLE-FAMILY DETACHED DWELLINGS.
2. APPROVAL OF THE CONCEPTUAL LANDSCAPE PLANS AND
RELATED SITE IMPROVEMENTS.
3. APPROVAL OF THE CONCEPTUAL GRADING PLANS FOR
CONFORMANCE WITH THE REQUIREMENTS OF HILLSIDE
REVIEW.
Recommendation - It is recommended that the Planning Commission
take the following actions:
1. Approve the environmental determination for the project by
adopting Resolution No. 2920; 2. Approve Hillside Review 91-
01 by adopting Resolution No. 2915, as submitted or revised;
3. Approve Design Review 90-50 by adopting Resolution No.
2921, as submitted or revised; and 4. Recommend to the City
Council approval of Tentative Tract Map 14397 by adopting
Resolution No. 2916, as submitted or revised.
Presentation: Anne E. Bonner, Assistant Planner
Staff made changes to Resolution No. 2916, as moved.
Commissioner Shaheen asked if the revisions were made that -were
required at the previous meeting.
Staff affirmed.
Commissioner Baker asked if a letter of credit or a bond would be
considered in lieu of a deposit.
Staff replied that the Conditions of Approval were required by the
Public Works Department.
The Director responded that a surety would be acceptable.
The Public Hearing opened at 7:23 p.m.
Norm Smith, Irvine Company, was available for comments and thanked
staff for helping them find a solution to the problem.
The Public Hearing was closed at 7:24 p.m.
Planning Commission Minutes
July 22, 1991
Page 6
Commissioner Baker noted that this illustrates that staff is able
to work with applicants in negotiating problems; and that both
sides did a great job on this issue.
Commissioner Le Jeune agreed that it was a good effort of everyone
trying to work together to resolve an issue.
Commissioner Baker moved, Shaheen seconded to approve the
environmental determination for the project by adopting Resolution
No. 2920. Motion carried 5-0.
Commissioner Baker moved. Kasparian seconded to approve Hillside
Review 91-01 by adopting Resolution No. 2915, as submitted. Motion
carried 5-0.
Commissioner Baker moved, Kasparian seconded to approve Design
Review 90-50 by adopting Resolution No. 2921, as submitted. Motion
carried 5-0.
Commissioner Baker moved. Kasparian seconded to recommend to the
City Council approval of Tentative Tract Map 14397 by adopting
Resolution No. 2916, revised as follows:
Exhibit A,
page 4, item 1.8: "The developer will be required to
provide the
City with a cash deposit or surety for ten years,
subject to
approval by the Director of Public Works, in the amount
of $75,000
prior to recording the final map. Motion carried 5-0.
4. Amendment Conditional Use Permit 88-15
APPLICANT:
GRAPHIC SOLUTIONS
1750 KETTNER BOULEVARD
SAN DIEGO, CA 92101
OWNER:
THE IRVINE COMPANY
550 NEWPORT CENTER DRIVE
NEWPORT BEACH, CA 92658-8904
LOCATION:
TUSTIN MARKET PLACE
ZONING:
MIXED USE - EAST TUSTIN SPECIFIC PLAN
ENVIRONMENTAL
STATUS:
THE PROPOSED AMENDMENTS ARE CATEGORICALLY EXEMPT
PURSUANT TO SECTIONS 15303 (CLASS 3) AND 15311(a)
(CLASS 11) OF THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA).
REQUEST:
TO ALLOW EMBELLISHMENTS, CONSISTING OF ACCENT
WEDGES WITH NEON LIGHTING AND INTERNALLY-