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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 I AEB:nm/ttM14397.rpt o\,LN) ICE .: o ` a 1 lit W S� � t a6 W i- � � �' ■ : � � �0 If tt lid. C rpt c w sg Y—� IN a iSS�i st w lid. s tr,�a I_ E." z i S Z Q s f - J a C� �1z o Qs , oc -n O IK Ac t � E Wg� U W z O U � ; PLANT LEGENO cs�.—j FENCING LEGEND s sco"W"torlity we* FE NOTES1-0 CowaosomMy View Fes GENERAL 9 . - .. Qs opt hl O � �1 Imre,. .�•��•� •s IA�� � I q /� ♦�'.� O ry61�/ r 7 .(11 q 1 a 'Y'�/ G O" �y ✓�� ♦ �•�•-•I , " mpr••o•001"m WIN LOTS 9 AND 10 LANDSCAPE TUSTW RANCH CONCEPT PLAN *IWFWWCaV F�IAtVY sir -z •UlE 1••100'O' +AMJARY 25. 1991 J14.114111 FO.M�•ug1f RY1Y t1191N RN01lI�rU9C.r1'E OOrtL7sf IR/�1IO19 •�10.ONE Iw-�r •Ofr WM• 7_ „u �z 0 Z� �z W. 9 vCLOC&000 L91 '"AS SLIEMX3 A JIN3 N71dAL IW W -0913d Xl t-6►6'0'M •J. fry ( VOR •J. r•rl 2I33NOId r,. Q 3 c a - F Q nqi 1'. 21' 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6, 71 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2I' 3 4 5 61 7II 8I 91 10 11 121 13 I'1 14' I 15i 161' 17! 18 191 20 21 22 23' 24'. i 25 26 27 28 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 2 ;4 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2111 22 23' 24 25, 26 27 28 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. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 2i 2E 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-