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HomeMy WebLinkAboutPH 2 E. T. PLND COMM. 03-03-86A ^ I'"1 ! ...... PUBLIC HEARING DATE: MARCH 3. 1986 TO: FROM: SUBJECT: APPLICANT: LO~TION: HONORABLE MAYOR AND CITY COUNCIL HEMBERS COI~NITY DEYELOPMENT DEPARTMENT EAST TUSTIN PLANNED COI~UNITY (TUSTIN RANCH) TIlE IRVINE COMPANY THE SUBOECT AREA IS BOUNDED BY THE SANTA ARA FREEWAY TO THE SOUTH; EXISTING RESIDENTIAL DEVELOPMENT IN THE CITY OF TUSTIN AND THE UNINCORPORATED COI~UNITIES OF LEMON HEIGHTS AND CO#AN HEIGHTS TO THE WEST; UNINCORPORATED LAND TO THE NORTH; AND UNINCORPORATED AREA WITHIN THE SPHERE OF INFLUENCE LINE (HYFORD liON)) FOR THE CITY OF IRVINE TO THE EAST ENVIRONMENTAL STATUS: A OI~ EN¥IRONIE~TAL ~MPACT REPORT HAS BEEN PREPARED AND SUBMITTED FOR THIS PROOECT. L RECOI~ENDATION: The East Tustin Steering Committee submitted a recommended plan to the Planning Commission, who in turn approved seven separate resolutions (enclosed), recommending adoption of the East Tusttn Planned Community to the City Council. In keeping with these actions, the following draft Council Resolutions and Ordinances will adopt the East Tusttn Planned Community: 2. 3. 4. 5. 6. 7. Resolution 86-28, certify Draft EIR (85-2) as ftnal EIR (85-2). Resolution 86-29, GPA 86-1a, Land Use Element. Resolution 86-30, GPA 86-1b, Circulation Element. Resolution 86-31, GPA 86-1c, Seismic Safety Element. Ordinance 966, Zone Change 86-1, East Tusttn Area. Resolution 86-32, East Tustin Specific Plan No. 8, Section 1.0 and 2.0. Ordinance 967, East Tustin Specific Plan No. 8 Section 3.0. BACKGROUND: A complete background on the East Tusttn planntng process ts located In the attachments under the January 13th Planning Commission staff report. In summary, the process began approximately three years ago with the Company's request to commence planning in the area. A Steering Committee made up of City and Company officials was formed and a total of stx separate consultant firms were retained to perform the work. At a point where the land use plan was still flexible yet developed to a sufficient level of detail, It was presented at a Town Hall meeting. Subsequently, the plan was modified where possible and the accompanying documents prepared. ~_~//~Ctty Council Report East Tusttn page two The Planning Commission held a series of advertised workshops on the plan tn the .month of December [985, and subsequently went to Public Hearing on the project on January [3, [986. This meeting was held for public input on issues and was conttnuedto January 27, [g86.. Additional issues were brought up at the January 27th meeting, and the heartng was continued until February [0, [986 to allow the E[R review pertod to end and for the Commission to read and consider the comments and responses. .This information was presented to the Commission at thetr February loth meettng. The Commission considered these comments and ultimately adopted Resolutions 2294 through 2300 which recommends 'the adoption of the East Tusttn Planned Community to the City Council. These resolutions have been enclosed for your review. DISCUSSION: The East Tusttn plan has been a comprehensive process, resulting in' numerous documents, staff reports and attachments. No short summary can grasp the amount of information and regulations that make up this planning effort. The following synopsis endeavors only to present the key elements of the plan and a summary of current changes from the Comatsston along with current issues arising out of the Planning Commission hearings. The overall East Tusttn process includes four key elements, the Environmental Impact Report (E[R), General Plan Amendments, Zone Change, and Specific Plan. The draft E[R was prepared for the proposed actions (GPA, Zone Change, Specific Plan) and represents the body of information that describes the envtronmontal effects of the proposed project. The document was distributed for a 45 day public review period; the public comments and city responses are now enclosed for your review. Staff and the consultants have prepared a set of draft findings in accordance with C£QA, and these represent the measures that will be taken to mitigate these affects. Where mitigation is not possible, a statement of overriding considerations is submitted. The General Plan Amendments either lay a foundation for further actton or supplement existing elements with additional information. They provide the opportunity to consider the Zone Change and Specific Plan and although they do not represent entitlement for the project, the ability to consider the Specific Plan is contingent upon the enactment of the general plan amendments. The Zone Change reflects the level of planning to date by delineating between Residential, Commercial or [nsttttttonal instead of the overall Planned Con~nuntty. The proposed zoning is st111 contingent on the enactment of the Specific Plan. The Specific Plan represents the policies and regulations that will guide development in the East Tustin area. It limits the amount and density of residential development, setbacks, height, and allowable uses in each district. The area is divided into twelve sectors, and policies and regulations are proposed that recognize the individual aspects of each sector. Community Development Department City Counc11 Report East Tusttn page three Although the specific plan has been developed to a high level of detM1, this level of planning cannot answer all issues. Consequently, there are further reviews of not only each sector, but any development within each sector. Given the nature of a program E[R, staff wtll submit an environmental determination on each discretionary action to ensure it meets with the requirements of the program E[R. [f tt does .not, further environmental work will be required. The January 27, 1986 Planning Commission staff report details this revte~ process. Additional Comments: As a result of the Planning Commission hearings, proposed changes to the project are in Resolution No. 2297 and 2298. Two key changes to the plan include the removal of Racquet Hill Drive as a connector to "Future Road" and the reduction of La Colina Avenue to a two lane secondary road. One component of the Specific Plan that has not been completed to date is the Development Agreement. This is an implementation tool that provides assurances to both the City and the Company regarding fiscal performances, 'infrastructure phasing, and entitlement assurances. The Development .Agreement will not alter the content or regulations of the Specific Plan, but provides a greater level of detail in regard to infrastructure and fiscal issues. Since the Agreement is not forthcoming, the Commission recommended that the East Tustin Plan be conditioned that no development can take place until the Development Agreement is in place. In essence, an approval of the East Tusttn Plan would put the General Plan and Zoning in place, but nothing can be implemented until such time that the Development Agreement is approved. At such time as the Development Agreement is adopted, all components of the plan will be in place and development could proceed. A concise fiscal impact report was prepared for the Specific Plan and stated that the proposed plan can be fiscally balanced. Further, a preliminary infrastructure financing plan was prepared and shows how infrastructure can be provided. The Development Agreement essentially is a further refinement on the information contained in the documents. During the Planning Commission process, the hours of public testimony were reviewed by staff and a summary was presented to the Commission. This summary is also enclosed in the Council report, and has been broken 'down into three areas, the Specific Plan, EIR, and project implementation. It is the intent of this summary to identify all issues brought up by the public and indicate how the Specific Plan does or could respond to that concern. At this time, staff is currently reviewing certain aspects of the Specific Plan with residents adjoining the project area. These conversations could result in recommended changes to the Specific Plan (either text or land use plan), but it is not possible to determine the extent of those changes prior to the submittal of th~s staff report. If agreement can be reached, staff will verbally present recommended changes to the City Council at its March 3rd meeting. Community Development Department City Council Report East Tusti n page four At this time, the City Attorney ts reviewing the proposed Tusttn Unified agreement with The Irvine Company and the condition proposed for inclusion into the Specific Plan. The Planning Commission altered the wording of the condition, as shown in' Resolution No. 2298 No. 13. Staff will be presenting a verbal presentation regarding this issue at the March 3rd meeti rig. Director of Community Development EITWARD M. KNIGHT Senior Planner EK:do Attach: Resolution 86-28 Resolution 86-29 Resolution 86-30 Resolution 86-31 Ordinance 966 Resolution 86-32 Ordinance 967 FEIR, Technical Appendices, Comments and Responses East Tustin Specific Plan Planning Commission Resolutions Planning Commission Staff Reports Community Development Department Z O~ u Z ZZ ~° LU LU U z z ~z w o o o z z z Z U4 n, --_ RESOLUTION NO. 86-28 REGARDING THE EAST TUSTIN EIR WILL BE DELIVERED UNDER SEPARATE COVER 1 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. 86-29 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF TUSTIN, ADOPTING GENERAL PLAN AMENDMENT 86-1a, AMENDING THE LAND USE ELEMENT TEXT AND DIAGRAM OF THE TUSTIN AREA GENERAL PLAN FOR THE AREA BOUNDED BY THE SANTA ANA FREEWAY (I-5) TO THE SOUTH: EXISTING RESIDENTIAL DEVELOPMENT IN THE CITY OF TUSTIN AND THE UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS AND COWAN HEIGHTS TO THE WEST: UNINCORPORATED LAND TO THE NORTH: AND UNINCORPORATED AREA WITHIN THE SPHERE OF INFLUENCE LINE (MYFORD ROAD) FOR THE CITY OF IRVINE TO THE EAST: ENCOMPASSING APPROXIMATELY 1,740 ACRES COMMONLY KNOWN AS EAST TUSTIN (EXHIBIT "A" AI-FACRED HERETO) The City Council of the city of Tustln does hereby resolve as follows: I. The City Council finds and determines as follows: Ae That Section 65358 of the Government Code of the State of California provides that when it is deemed to be in the public interest, the legislative body may amend a part of the General Plan. That a Joint application was filed by the city of Tustin, and Montca Flortan on behalf of The Irvine Company requesting amendment to the Tusttn Area General Plan. That in accordance with Section 65358 of the Government Code of the State of California, a public hearing before the City Council was duly called, noticed and held for the purpose of amending the Land Use Element text and diagram concerning the property identified on the attached Exhibit A. Specially, the following changes will be made: Exhibit A will be incorporated in the Tusttn Area General Plan diagram as the land use plan for the East Tustin area. The following text will be added to the Land Use Element of the Tusttn Area General Plan. Under General Concerns and Considerations, letter C. East Tustin Area. The land use element currently provides for a use designation known as Planned Community. The P.C. use is a method to assure the compatibility of land uses with the character of surrounding developments and provide for a vehicle to ensure precise development plans are reviewed and approved prior to development. One of the purposes of the land use element is to provide for flexibility and integration of land use for transitional properties by classification as Planned Community. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 26 27 28 Resolution No. 86-29 page two It is the tntentifi-the East Tusttn area to utilize Planned Community as a land use tool in general and specific planning. · The majority of the area is divided into three Planned Community designations: P.C. Residential; P.C. Commercial; and P.C. Mixed Use. The Planned Community Residential area is anticipated to have a density range from two dwelling units per gross acre to 25 dwelling units per gross acre. It is anticipated that the subject area will support a total residential dwelling unit count of 7,g$0 units for the 1,740 acre site. At. the city of Tustin's current population rate per unit (1980 census) of 2.43 person/unit, the population densi~ of the East Tustin area may be approximately 19,440 people, a 47.63 percent increase over the 1985 population of 40,815. Dwelling unit types shall range from single family, detached to multiple family, apartments. Portions of East Tustin located in hillside areas shall maintain a maximum density not to exceed two dwelling units per gross acre. Portions of East Tustin on · level terrain and adjacent to existing residential .areas shall be single family detached and maintain a character of development co~atible with existing development. Outside of these requirements, remaining areas may have residential densities ranging from two dwelling units per gross acre to 25 dwelling units per gross acre. While residential unit limitations are imposed, the location, designation and. density range of residential units will be determined at such time that the area undergoes specific planning. The location of planned community residential areas are consistent with the goals of the land use element and internally consistent with other elements of the general plan. To ensure that density ranges are internally consistent, specific planning will allow these densities to be studied against the goals and objectives of the other elements. To ensure that the entire subject area is considered, one specific plan for the entire area will be prepared. The land use diagram will serve as the base to determine location of residential units and the entire project area will not exceed approximately 7,950 dwelling units. Both the specific plan, and the general plan, will be used in future consistency findings in the East Tustin area. Planned Community Commercial will support all retail commercial uses with support office uses. Planned Community Mixed Use can support retail commercial uses or office/research and development uses. The recreational use shown on the diagram is designated as exclusively for a golf course. 1 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. 86~29 page three That pursuant to the California Environmental Quality Act Final EIR 85-2 has been prepared, certified and considered .which adequately addresses the general environmental setting of the proposed project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed project. The City Council, having final approval authority over this project has reviewed and considered the information contained in Final EIR 85-2 prior to approval of this project. Changes or alterations have been incorporated into the project which mitigate or avoid certain of the significant environmental effects thereof. Pursuant to Sections 15091 and 15092 of the State CEQA Guidelines all significant environmental effects and corresponding mitigation measures together with the requisite findings and facts related thereto have been comprehensively set forth in Attachment A to Resolution 86-28-whtch is incorporated herein by this reference. Conditions have been adopted as part of this project or will be incorporated at the appropriate level of development review which incorporate all of the mitigation measures identified in the EIR. The benefits of the project have been balanced and considered against its possible unavoidable environmental risks and against the project alternatives identified in the final environmental impact report and those benefits are found to be overriding, all as set forth in Attachment A to ResolutiOn 86-28, which is incorporated herein by this reference. That General Plan Amendment 86-1a would be in the public interest and not detrimental to the welfare of the public or the surrounding property owners based upon the following: 1) That the requirement of specific planning insures internal consistency with other general plan elements. 2) That the use of the Planned Community designation will provide flexibility while ensuring compatibility with adjacent residential areas. 3) The land use diagram will provide for sufficient school and park sites in accordance with the city of Tustin ordinances and Tustin Unified School District requirements. 4) The plan shows commercial locations to provide support to the future population and existing surrounding residential areas. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 IlO 21 22 23 25 26 27 28 Resolution No. 86-29 page four s) The plan will expand the employment opportunities within the city of Tustin by providing for office/research and developnmnt uses in the Mixed Use area. That the Planning Comission approved Resolution No. 2294, recon~nding to the City Council that GPA 86-1a be adopted. II. The City Council does hereby adopt General Plan A~mndnmnt 86-1a, amnding the land use elenmnt textland diagram of the Tustin Area General Plan for properties within the East Tustin Specific Plan Project area identified on Exhibit "A" attached hereto. PASSED AND ADOPTED at a regular nmettng of the Tusttn City Council on the day of , 1986. Attest: FRANK GREINKE, MAYOR MARY E. WYNN, CIl~ CLERK LAND USE DIAGRAM Tustin Area General Plan EXHIBIT 2 3 4 5 6 7 8 9 10 11 12' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 86-30 A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF TUSTIN, ADOPTING GENERAL PLAN AMENDMENT 86-1b, AMENDING THE CIRCULATION ELEMENT OF THE TUSTIN AREA GENERAL PLAN FOR THE AREA BOUNDED BY: THE SANTA ANA FREEWAY (I-S) TO THE SOUTH; EXISTING RESIOENTIAL OEVELOPMENT IN THE CITY OF TUSTIN AND THE UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS AND COWAN HEIGHTS TO THE WEST; UNINCORPORATED LAND TO THE NORTH; ANO UNINCORPORATEO AREA WITHIN THE SPHERE OF INFLUENCE LINE (MYFORD ROAO) FOR THE CITY OF IRVINE TO THE EAST ENCOMPASSING APPROXIMATELY 1,740 ACRES, COMMONLY KNOWN AS EAST TUSTIN (EXHIBIT "A" ATTACHED HERETO). The City Council of the city of Tusttn does hereby resolve as follows: I. The City Council finds and determines as follows: Ae That Section 65358 of the Government Code of the State of California provides that when it is deemed to be in the public interest, the legislative body may amend a part of the General Plan. That a joint application was filed by the city of Tustin, and Montca Flortan on behalf of the Irvine Company requesting amendment to the Tustin Area General Plan. That in accordance with Section 65358 of the Government Code of the State of California, a public hearing before the City Council was duly called, noticed and held for the purpose of amending the Circulation Element of the Tusttn Area General Plan concerning the property identified on the attached Exhibit A. Specifically, the following changes are to be made: 1. The extension of La Colina, from Browning Avenue east to Future Road as a secondary road. Included in the Circulation Element text: Although La Coltna road is designated as a secondary highway from Browning Avenue to Future Road, the roadway will be restricted to the improvement of only two lanes of traffic within the city of Tustin. This condition will remain in effect until such time that the county of Orange or other appropriate public entity improves the roadway from Newport Avenue to Browning Avenue to secondary standards. If the county removes the secondary status for La Colina from Newport Avenue to the city boundary, the city will consider this amendment in its circulation element and diagram. This section will also be added to the Sector 8 and 9 policies, located in Section 2.14.3 of the East Tustin Specific Plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~5 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 86-30 Page two Em The inclusion of Myford Road, north of the I-5 Freeway as a major highway to Portola Parkway, and as a primary highway from Portola Parkway to the northern city boundary. The upgrading of the status of E1 Camino Real/Laguna Road from a commuter highway to a secondary highway from Red Hill Avenue east to Myford Road. The inclusion of a full directional interchange on the I-5 Freeway at Jamboree. That pursuant to the California Environmental Quality Act Final EIR 85-2 has been prepared, certified and considered which adequately addresses the general environmental setting of the proposed project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed project. The City Council, having final approval authority over this project has reviewed and considered the information contained in Final EIR 85-2 prior to approval of this project. Changes or alterations have been incorporated into the project which mitigate or avoid certain of the significant environmental effects thereof. Pursuant to Sections 15091 and 15092 of the State CEQA Guidelines all significant environmental effects and corresponding mitigation measures together with the requisite findings and'facts related thereto have been comprehensively set forth in Attachment A to Resolution 86-28 which is incorporated herein by this reference. Conditions have been adopted as part of this. project or will be incorporated at the appropriate level of development review which incorporate all of the mitigation measures identified in the EIR. The benefits of the project have been balanced and considered against its possible unavoidable environmental risks and against the project alternatives identified in the final environmental impact report and those benefits are found to be overriding, all as set forth in Attachment A to Resolution 86-28, which is incorporated herein by this reference. The proposed amendments to the circulation element ~hall be submitted to the County of Orange Environmental Management Agency in order to amend the Master Plan of Arterial Highways to reflect the city's amendments. That General Plan Amendment No. 86-1b would be in the public interest and not detrimental to the welfare of the public or the surrounding property owners based upon the following: ! 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~8 19 20 21 22 23 24 25 26 27 28 Resolution No. 86-30 Page three The .proposed amendments to the circulation system along with other planned improvements will support East Tustin development, will provide capacity for other traffic, and will also provide traffic relief for other existing city streets. Costs of construction of Improvements permitted by General Plan Amendment 86-1b will be provided wholly or in fair-share proportion by development projects approved within the East Tusttn Specific Plan Area. Adequate right-of-way areas will be reserved within the East Tustin Specific Plan Area prior to development, ensuring availability of land for construction . of circulation systems. 4. All projects wtthtn the East Tusttn Specific Plan area shall meet air qualtty requirements in compliance with "reasonable available control measures" of the South Coast Air Qualtty Management Plan. Such measures include but are not ltmited to increased use of bicycle/pedestrian facilities and traffic stgnal synchronization. 5. Noise generated in association with newly constructed circulation systems will be mitigated by the use of barrier walls. Such walls will be berm, wall or a combination of berm and wall, the final'type and configuration of which wtll be determined when final grading plans showing lot locations, structure setbacks and precise butldtng pad elevations are developed. G. That the Planning Commission approved Resolution No. 2295, recommending to the City Council that. GPA 86-1b be adopted. TI. The City Council does hereby approve General Plan Amendment 86-1b, amending the circulation element of the Tustin Area General Plan for properties within the East Tustin Specific Plan Project Area identified on Exhibit "A" attached hereto. PASSED AND ADOPTED at a regular meeting of the Tusttn Ctty Council, held on the day of , 198 . Attest: FRANK GREINKE, Mayor MARY E. WYNN, Ctty Clerk I ~:GI:ND CIRCULATION DIAGRAM Tustin Area General Plan l j- EXHmn' A 1 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 9.1 ~3 ~6 ~7 RESOLUTION NO. 86-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING GENERAL PLAN AMENDMENT 86-1c, AMENDING THE SEISMIC SAFETY ELEMENT OF THE TUSTIN AREA GENERAL PLAN FOR THE AREA BOUNDED BY: THE SANTA ANA FREEWAY (I-5) TO THE SOUTH; EXISTING RESIDENTIAL DEVELOPMENT IN THE CITY OF I~ISTIN AND THE. UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS AND COWAN HEIGHTS TO.THE WEST; UNINCORPORATED LAND TO THE NORTH; AND UNINCORPORATED AREA WITHIN THE SPHERE OF INFLUENCE LINE {MYFORD ROAD) FOR THE CITY OF IRVINE TO THE EAST ENCOMPASSING APPROXIMATELY 1,740 ACRES, COMMONLY KNOWN AS EAST TUSTIN (EXHIBIT "A" ATTACHED HERETO). The City Council of the city of Tustin does hereby resolve as follows: The City Council finds and determines as follows: That Section 65358 of the Government Code of the State of California provides that when it is deemed to be in the public interest, the legislative body may amend a part of the General Plan. That a joint application was filed by the city of Tustin and Montca Florian on behalf of the Irvtne Company requesting amendment to the Tustin Area General Plan. Ce That in accordance with Section 65358 of the Government Code of the State of California, a public hearing before the City Council was duly called, noticed and held for the purposes of amending the Seismic Safety Element of the Tustin Area General Plan concerning the property identified on the attached Exhibit A. Specifically, the following changes are to be made: Chapter 3 of the adopted Seismic Safety Element, as it pertains to the Norwalk and E1 Modena Faults (pages 24 and 25) is hereby amended to read as follows: Norwalk and E1Modena Faults The Norwalk Fault is suggested to be a high-angle reserve fault dipping to the north. The fault is approximately 16 miles long, roughly trending northwest, and has been thought to be an accurate trace between Buena Park and the unincorporated area to the northeast of Tusttn. There is much speculation regarding the exact location of the Norwalk Fault. Its exact location easterly of the intersection of Commonwealth and Euclid in Fullerton is unknown, although several locations have been postulated. 1 5 6 7 8 9 10 11 12 ' 13 14 15 16 17 18 19 2O 21 2~ 27 28 Resolution No. 86-31 Page two A number of petroleum geologists have expressed doubt as to 1ts locatton east of Fullerton stnce thetr attempt at dr1111ng to ftnd otl trapped on such a fault has revealed no good evidence. The County has stated that some surface exposures led them to belteve that the fault extsts and may form a ground water barrter, but agatn evtdence ts not good. Fteld work tn a cooperat!ve program between Orange County and the State to be undertaken durtng the comt ng year mtght shed more deffnttfve Information. As noted In Draft Environmental Impact Report 85-2 prepared tn conjunction wtth development of the East Tusttn Spectftc Plan, a portton of .the E1 Modena Fault ts located wtthtn the Peter's Canyon area of the ctty of Tusttn. (See Exhtbtt A.) Based upon Information presented tn DEIR 85-2, the E1 Modena Fault has characteristics that indicate the fault was at one ttme acttve. However, based upon preliminary ftndtngs of a geotechntcal analysis, the fault may not be acttve at thts ttme (see OEIR 85-2, Appendtx C). Should additional study reveal that the E1 Modena Fault ts acttve, development occurring near the fault could be exposed to the potential for surface rupture. Such potential for adverse impact could be reduced by the establishment of a structural setback zone on etther stde of the mapped trace of the fault. Future development could also be exposed to secondary tmpacts associated wtth setsmtc acttvtty Including: expansive soils, weakened rock materials which perform poorly in cut slopes, and perched groundwater whtch can cause seepage In graded areas adjacent to faults. However, such tmpacts can be controlled by special foundation destgn or overexcavatton, buttressing or laytng back cut slopes, and subdralnage, respectively (DEIR 85-2). That the attached Exhibit "A" be Included as exhibit in the Seismic Safety Element. That a Chapter 8 be added to the Seismic Safety Element establishing policies to be observed in conjunction with development within the East Tustin Specific Plan Area. The additional text shall read as follows: 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 Resolution No. 86-31 Page three Chapter 8 Policies To mtntmtze the potential for adverse impacts to development tn the East Tusttn Specific Plan area resulting from various seismic activities, the following poltctes are hereby established as a part of the Seismic Safety Element: Oetatled geotechnical and soils engineering reports shall be prepared subsequent to development of preliminary design layouts and ftnal gradtng plans (e.g., at the tentative tract map preparation stages). This report wtll provide further, more detailed measures for treatment -of excavattonal (ripping) difficulties, surftclal matertal removals, cut and fill slopes, expansive soils, faults and liquefaction hazards (Influencing the destgn of roadway stream crossings). Additionally, a slope stability analysts which includes identification of bedding planes and sltp planes, locatton of ancient landslides, and provisions for surface and subsurface drainage control. Prior to development In the Upper Peter's Canyon area a geotechntcal analysis shall be conducted to determine the exact status of the E1Modena fault. If it is concluded that the fault can be considered acttve, additional detailed analysts shall be conducted to determine the exact locatton and extent of the fault. This study will serve to define the locatton and width of any structural setback zone made necessary by the fault. Ce Al1' structures to be constructed in the project area shall be designed in accordance with the seismic design provisions of the Uniform Butldtng Codes adopted by the city to maximize safety in the event of an earthquake. That pursuant to the California Environmental Quality Act Final EIR 85-2 has been prepared, certified and considered which adequately addresses the general environmental setting of the proposed project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed project. The City Council, having final approval authority over this project has reviewed and considered the information contained in Final EIR 85-2 prior to approval of this project. O 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 Resolution No. 86-31 Page four Changes or alterations have been incorporated into the project which mitigate or avoid certain of the significant environmental effects thereof. Pursuant to Sections 15091 and 15092 of the State CEQA Guidelines all significant environmental effects and corresponding mitigation measures together with the requisite findings and facts related thereto have been comprehensively set forth in Attachment A to Resolution 86-28 which is incorporated herein by this reference. Conditions have been adopted as part of this project or will be incorporated at the appropriate level of development review which incorporate all of the mitigation measures identified in the EIR. The benefits of the project have been balanced and considered against its possible unavoidable environmental risks and against the project alternatives identified in the final environmental impact report and those benefits are found to be overriding, all as set forth in Attachment A to Resolution 86-28, which is incorporated herein by this reference. That General Plan Amendment 86-1c would be in the public interest and not detrimental to the welfare of the public or the surrounding property owners based upon the following: The proposed amendment provides information not presently contained within the Seismic Safety Element that further identifies and appraises potential seismic hazards in the East Tustin Area as required by Section 65302(f) of the Government Code of the State of California. That policies established by the proposed amendment ensure that maximum effort be taken to minimize potential adverse impacts of seismic activity. That the Planning Commission approved Resolution No. 2296, recommending to the City Council that GPa 86-1c be adopted. II. The City Council does hereby approve General Plan Amendment No. 86-1c, amending the Seismic Safety Element of the Tustin Area General Plan. PASSED AND ADOPTED at a regular meeting'of the Tustin City Council, held on the day of , 198 Attest: FRANK GREINKE, Mayor MARY E. WYNN, City Clerk 1 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2~ 25 26 27 28 ORDINANCE .NO. 966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REZONING FROM PLANNED COMMUNITY TO PLANNED COMMUNITY/RESIDENTIAL; PLANNED COMMUNITY/COMMERCIAL; PLANNED COMMUNITY/MIXED USE AND PLANNED COMMUNITY/COMMUNITY FACILITIES FOR THE AREA BOUNDED BY: THE SANTA AHA FREEWAY (I-5) TO THE SOUTH; EXISTING RESIDENTIAL DEVELOPMENT IN THE CITY OF TUSTIN AND THE UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS AND COWAN HEIGHTS TO THE WEST; UNINCORPORATED LAND TO THE NORTH; AND UNINCORPORATED AREA WITHIN THE SPHERE OF INFLUENCE LINE (MYFORD ROAD) FOR THE CITY OF IR¥INE TO THE EAST ENCOMPASSING APPROXIMATELY 1,740 ACRES, COMMONLY KNOWN AS EAST TUSTIN (EXHIBIT "A" ATTACHED HERETO). The City Council of the City of Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: Ae That a proper application (Zone Change No. 86-1) has been filed upon direction of the City Council and by Montca Florian on behalf of the Irvine company for the purposes of changing the zoning designation for the property shown in Exhibit "A" attached hereto from Planned Community 'to: Planned Community/Residential (PCR); Planned Community/Commercial (PCC); Planned Community/Mixed Use (PCMU); and Planned Community/CommUnity Facilities (PCCF) as delineated on the same Exhibit A. B. That a public hearing before the City Council to consider Zone Change 86-1 was duly called, noticed and held. Ce That pursuant to the California Environmental Quality Act Final EIR 85-2 has been prepared, certified and considered which adequately addresses the general environmental setting of the proposed project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed project. The City Council, having final approval authority over this project has reviewed and considered the information contained in Final EIR 85-2 prior to approval of this project. Changes or alterations have been incorporated into the project which mitigate or avoid certain of the significant environmental effects thereof. Pursuant to Sections 15091 and 15092 of the State CEQA Guidelines all significant environmental effects and corresponding mitigation measures together with the requisite findings and facts related thereto have been comprehensively set forth in Attachment A to Resolution 86-28 which is incorporated herein by this reference. Conditions have been adopted as part of this project or will be incorporated at the appropriate level of development review which incorporate all of the mitigation measures identified in the EIR. The benefits of the project have been balanced and considered against its possible unavoidable environmental risks and against the project alternatives identified in the final environmental impact report and those benefit~ are found to be overriding, all as set forth in Attachment A to Resolution 86-28, which is .incorporated herein by this reference. 1 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 Ordinance No. 966 Page two D. That a zone change should be granted for the following reasons: This comprehensive zone change would be consistent with goals and objectives of the city of Tustin calling for a balance of residential, commercial, employment, educational and recreational land uses. This comprehensive zone change will provide a mechanism by which the East Tustin Specific Plan can be implemented. As proposed the East Tustin Specific Plan is more consistent with the Housing Element of the Tusttn Area General Plan than existing zoning in that a variety of housing types would be permitted and owner occupied housing will be encouraged. Under existing zoning, residential development would be in direct conflict with agreements between the city and the United State Marine Corps as they pertain to air corridor easements. These agreements specifically prohibit residential uses in the corridor areas south of Bryan Avenue. 5. The adoption of this comprehensive zone change would be consistent with the Tusttn Area General Plan as amended. e That no development will be allowed within the project area prior to the adoption of the East Tustin Specific Plan. II. E. That the Planning Commission approved Resolution No. 2299, recommending to the City Council that Zone Change 86-1 be adopted. The City Council does hereby approve Zone Change 86£1 changing the zone designation for the property shown in Exhibit "A" attached hereto from Planned Communtiy to: Planned Community/Residential (PCR); Planned Community/Commercial (PCC); Planned Community/Mixed Use (PCMU); and Planned Community/Community Facilities (PCCF) as delineated on the same Exhibit "A". PASSED AND ADOPTED at a regular meeting of the Tusttn City Council, held on the day of , 198 Attest: FRANK GREINKE, Mayor MARY E. WYNN, City Clerk ZONING EXHIBIT A 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 2t 25 26 1!7 28 RESOLUTION NO. 86-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RECOMMENDING TO THE CITY COUNCIL ADOPTION, BY RESOLUTION OF THE COUNCIL, SECTIONS 1.0 AND 2.0 OF THE EAST TUSTIN SPECIFIC PLAN (SPECIFIC PLAN NO. 8). The City Council of the city of Tustln does hereby resolve as follows: TUSTIN The City Council finds and determines as follows: That a joint application was filed by the city of Tustin, and Monica Florian on behalf of the Irvine Company for the purposes of adopting a comprehensive land use plan for the property indicated in Exhibit A attached hereto, commonly known as East Tustin. That a comprehensive land use study covering the subject property was commissioned and completed. That as a result of the land use study, a Specific Plan was prepared in accordance with Sections 65450 through 65457 of the California Government Code. The plan is detailed in Exhibit B attached. That a public hearing before the City Council to consider the Specific Plan was duly called, noticed and held. That pursuant to the California Environmental Quality Act Final EIR 85-2 has been prepared, certified and considered which adequately addresses the general environmental setting of the proposed project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed project. The City Council, having final approval authority over this project has reviewed and considered the information contained in Final EIR 85-2 prior to approval of this project. Changes or alterations have been incorporated into the project which mitigate or avoid certain of the significant environmental effects thereof. Pursuant to Sections 15091 and 15092 of the State CEQA Guidelines all significant environmental effects and corresponding mitigation measures together with the requisite findings and facts related thereto have been comprehensively set forth in Attachment A to Resolution 86-28 which is incorporated herein by this reference. Conditions have been adopted as part of this project or will be incorporated at the appropriate level That establishment and implementation of the plan as submitted, of development review which incorporate all of the mitigation measures identified in the EIR. The benefits of the project have been balanced and considered against its possible unavoidable environmental risks and against the project alternatives identified in the final environmental impact report and those benefits are found to be overriding, all as set forth in Attachment A to Resolution 86-28, which is incorporated herein by this reference. 1 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. 86-32 Page two That establishment and implementation of the plan as submitted, under the circumstances of this case, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: The proposed residential and commercial development is consistent with the Tustin Area General Plan as adopted. Reasonable alternatives to the plan and their implications have been considered. The.scope and depth of plan analysis are commensurate with the level of detail contained in the plan and the specificity of land use entitlement its adoption authorizes. The various components of the plan as well as the .plan in its entirety are sensitive to the environmental and public policy impacts of the proposed development. Appropriate mitigation measures are incorporated in the plan to ensure that concerns identified at this level of planning are resolved as part of the more detailed site plan review which must be completed before private development may proceed. Administration of the plan is thoroughly integrated into the city's development processing system. All subjects required in a specific plan by the California Government Code and applicable city ordinances are appropriately and.adequately covered. e Adequate time and opportunities have been afforded interested organizations and members of the public to comment on or propose changes to the plan if they so desired. That the establishment, maintenance, and operation of the plan as submitted will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the city of Tustin, and should be approved. That Sections 1.0 and 2.0 of the East Tusttn Specific Plan as prepared {Exhibit B) are intended to be informational in nature, to provide conformance with specific plan regulations, yet also establish policy guidelines by which the project area should be developed. As such Sections 1.0 and 2.0 should be adopted by Resolution of 'the City Council, subject to the recommended changes enclosed as Attachment "A". 1 2 3 4 5 6~ 7 8 9 10 11 12 13 14 ~5 16 17 18 19 20 22 23 24 25 26 27 28 Resolution No. 86-32 page three That the Planning Commission approved Resolution No. 2297, recommending the adoption of Section 1.0 and 2.0 of the East Tusttn Specific Plan by resolution by the City Council. II. The City Council hereby adopts Secttons 1.0 and 2.0 of the East Tusttn Specific Plan as presented tn Exhibit "8" attached hereto and adopted as a policy document, subject to the changes enclosed as Attached "A". PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the day of , lg8 Attest: FRANK GREINKE, MAYOR MARY E. WYNN, CITY CLERK Attachment "A" EAST TUSTIN SPECIFIC PLAN AMENDMENTS AS REQUESTED BY TUSTIN CITY COUNCIL 3e Page 1-6, Second "bullet" under Seismic Safety. Change fire retardant to fire resistant roofing, as defined by the Underwrlter's Laboratory, Chicago, Illinois. Page 2-16, Change "stucco or woodenslding" to read "off-white or earthtone stucco and/or woodensidtng." Page 2-16, Letter B Change to read "Fire resistant roofing materials must be used on structures occurring within the Hillside District." "Class A minimum as rated by the Underwrtter'.s Laboratory, Chicago, Illinois." Page 2-19, Add to second "bullet" which begins "Include only ..." "fire resistant plant materials, where feasible." Page 2-43, Add to Letter C, "The Planning Commission should prepare a plan stipulating and regulating the hours when sports lights can be used." That no' sector plans, tentative tract maps, or building permits be issued in the East Tustin Specific Plan area until a Development Agreement for said area is considered and adopted by the city of Tustin. That Racquet Hill Drive shall be deleted from the Land Use Map for the East Tusttn Specific Plan. Council hereby authorizes staff to correct typographic errors and clarifications in the Specific Plan text. Staff shall not be authorized to alter any policy, regulation or use as a result of these corrections. Community Development Department 1 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 ORDINANCE NO. 967 AN ORDINANCE OF THE CITY COUNCIL OF THE TUSTIN ADOPTING SECTION 3.0 OF THE EAST SPECIFIC PLAN (SPECIFIC PLAN NO. 8) AND "C" AS THE LAND USE PLAN. CITf OF TUSTIN EXHIBIT The City Council of the city of Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: That a jo!nt application was filed by the city of Tustin, and Monica Flortan on behalf of the Irvine Company for the purposes of adopting a comprehensive land use plan for the property indicated in Exhibit "A" attached hereto, commonly known as East Tustin. B. That a comprehensive land use study covering the subject property was commissioned and completed. That as a result of the land use study, a Specific Plan was .prepared in accordancewith Sections 65450 through 65457 of the California Government Code. The plan is detailed in Exhibit "B" attached, along with Exhibit "C". D. That a public hearing before the City Council to consider the Specific Plan was duly called, noticed and held. That pursuant to the California Environmental Quality Act Final EIR 85-2 has been prepared, certified and considered which adequately addresses the general environmental setting of the proposed project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed project. The City Council, having final approval authority over this project has reviewed and considered the information contained in Final' 85-2 prior to approval of this project. Changes or alterations have been incorporated into the project which mitigate or avoid Certain of the significant environmental effects thereof. Pursuant to Sections 15091 and 15092 of the State CEQA Guidelines all significant environmental effects and corresponding mitigation measures together with the requisite findings and facts related thereto have been comprehensively set forth in Attachment A to Resolution 86-28 which is incorporated herein by this reference. Conditions have been adopted as part of this project or will be incorporated at the appropriate level of development review which incorporate all of the mitigation measures identified in the EIR. The benefits of the project have been ~balanced and considered against its possible unavoidable environmental risks and against the project alternatives identified in the final environmental impact report and those benefits are found to be overriding, all as set forth in Attachment A to Resolution 86-28, which is incorporated herein by this reference. 1 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 Ordinance No. 967 Page two That a draft environmental impact report (DEIR 85-2) has been prepared in conformance with the requirements of the California Environmental Quality Act. That establishment and implementation of the plan as submitted, under the circumstances of this case, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: The proposed r~stdential and commercial development is consistent with the Tusttn Area General Plan as amended and adopted. 2. Reasonable alternatives to the plan and their implications have been considered. The scope and depth of plan analysis are commensurate with the level of detail contained in the plan and the specificity of land use entitlement its adoption authorizes. The various components of the plan as well as the plan in its entirety are sensitive to the environmental and public policy impacts of the proposed development. Appropriate mitigation measures are incorporated in the plan to ensure that concerns identified at this level of planning are resolved as part of the more detailed site plan review which must be completed before private development may proceed. 6. Administration of the plan is thoroughly integrated into the city's development processing system. 7. All subjects required in a specific plan by the California Government Code and applicable city ordinances are appropriately and adequately covered. Adequate time and opportunities have been afforded interested organizations and members of the public to comment on or propose changes to the plan if they so desired. That the establishment, maintenance, and operation of the plan as submitted will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the city of Tustin, and should be approved. 1 3 6 7 8 9 10 11 ~13 14 15 1¢ 17 18 19 20 21 22 23 2~ 25 26 27 28 Ordinance No. 967 page three That Sectton 3.0 of the East Tusttn Spectftc Plan as prepared ts tntended to establish land use regulations and development standards, as well as administrative procedures necessary to Implement satd regulations and standards for residential and commercial development wtthtn the East Tusttn Spectftc Plan Area. Further, Exhtbtt "C" ts established as the land use plan, by Ordinance, and shall present the development guide for the East Tusttn Area. That the Planntng Commission approved Resolution No. 2298, recommending to the Ctty Counctl that Sectton 3.0 of the East Tusttn Spectftc Plan be adopted by ordinance by the Ctty Counctl. II. The Ctty Counctl hereby adopts Section 3.0 of the East Tustln Spectftc Plan as presented tn Exhtbtt "B" and Exhtbtt "C" attached hereto as the regulatory documents for the East Tustln Area, subject to the changes enclosed as Attachment "A". PASSED AND ADOPTED at a regular meettng of the Tusttn Ctty Counctl, held on the day of , [986. ATTEST: FRANK H. GREINKE, MAYOR MARY E. NYNN, CZTY CLERK 10. 11. 12. ATTACHMENT "A" EAST TUSTIN SPECIFIC PLAN AMENDMENTS BY TUSTIN CITY COUNCIL Page 3-6, Change Lot, Width to read "the width of the front of the lot measured at the setback of the main structure." Page 3-12, Change 4 to read "any re~ision to increase the number of dwelling units by a total of 15 percent or less .... " Page 3-22, Section A-l, Change to read "permitted density, maximum dwelling units per gross acre." 'Page 3-26, Section B2, letter C5, Change to read "garages that have rear access from a private drive or alley shall maintain a minimum 3 foot setback from property line and include an automatic garage door opener; and" Page 3-29, Change Cl. to "Table C1." Page 3-30, Under open space, Change the last sentence to read "areas retained as permanent open space shall be maintained by a mandatory private homeowners association. Page 3-34 Letter "H", Change to read "A certificate of compliance with applicable . . "" . will be issued by the homeowners association and will be required .... Page 3-35 letter h. Department stores, change to permitted in General Commercial, letter q. Liquor stores, change to use permit in General Commercial. Page 3-39 Letter 3.7.4.E. Change,, to read "A certification of compliance with applicable . . . Page 3-19, add letter. R. The use of outdoor speakers, buzzers, music, or other devices with noise amplification outside of the interior of the structure is strtctly forbidden in the entire planning area, except in the case Of spectal events, and these wtll require a temporary use permit. That no sector plans, tentative tract maps, or building permits be issued in the East Tustin Specific Plan area until a Development Agreement for said area is considered, and adopted by the city of Tustin. That Racquet Hill Drive shall be deleted from the Land Use Map for the East Tustin Specific Plan. Community Development Department Exhibit "A" page two 13. 14. 15. 16. Page 3-19 letter O. Change to: Plans for the noise attenuation of units located near arterial highways or freeways or under the Browning Corridor which insure that interior and exterior noise levels do not exceed the city of Tusttn noise ordinance, shall be submitted for review and approval at the time of builder's tentative tract consideration for residential development. Page 3-46. Change: Medium Low and Medium & Medium High 1. Detached; the credit for guest on-street parking from 100% to 50%. Page 3-46. Change:' 3. Multiple Family (apartments) 2 bedroom; from 1.8 required parking spaces to 2.0 required parking spaces. Council hereby authorizes staff to correct typographic errors and clarifications in the Specific Plan text. Staff shall not be authorized to alter any policy, regulation or use as a result of these corrections. Community Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2300 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING CERTIFICATION OF DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) 8S-2, PLUS COMMENTS AND RESPONSES, AS FINAL EIR 85-2 The Planning Commission of the city of Tusttn does hereby resolve as follows: The Planning Commission finds and determines as follows: That an Environmental Impact Report would be required due to potential effects identified in an initial questionnaire done for the General Plan Amendment, Zone Change, and Specific Plan for the East Tustin area. That a Draft Environmental Impact Report for the proposed project has been prepared by Michael Brandman Associates, for the city of Tustin. That dtstrtbuti, on of the. Draft EIR was made to interested public and private agencies with a solicitation of comments and evaluation.' That a public hearing was duly called, noticed and held on the Draft [IR. That the public review period for the draft EIR ended on January 31, 1986 and that comments received by the public, Commission, staff and other agencies have been addressed to this date. That the subject Draft EIR is a program EIR and subject to the following provisions as shown in the California Environmental Quality Act. That subsequent activities shall be examined in the light of the program EIR to determine whether an additional environmental document must be prepared. The city shall use an tnttt&l questionnaire to document the evaluation of subsequent activities to determine whether the environmental effects of the program are covered in the EIR. That the Draft EIR was prepared in compliance with the California Environmental Quality Act, State Guidelines, and the policies of the city of Tustin. That the City Council of the city of Tusttn shall be, as described in CEQA, the body responsible for the certification of EIR 85-2 as a final EIR. I.. That the Draft EIR was distributed to the Planning Commission and that they reviewed this document, received public testimony and considered comments on Draft EIR and responses thereto in their review o~ the subject actions involving the East Tustin area. 2 3 5 6 ?! 8~ 10 17 18 27 Resolution No. 2300 page ~o II. It is therefore resolve~--that the Draft .EIR 85-2, the comments and responses thereto are reco,,.,ended to the City Council for their consideration and certification as a final EIR for the actions involving the East Tustin area. PASSED AND ADOPTED ~t a reg l~L~.~/me~.:ng of the.~Tustin Planning Commission held on the /~)i~Tt day of --O/~,f~;~.x/' , 1986. 'DONNA ORR, RECOR1)ING SECRETARY KAll(Y WEIL CHAIRMAN RATIONALE FOR P~G COMMII]SION RECOMMI~ID&TION FOR CITY COUNCIL CONSIDRR&TION OF EAST TUSTIN SPECIFIC PLAN leu (SS-It) The environmental documentation process for the ~st Tustin Specific Plan began in June 1983, with the initiation of the early planning studies and preparation of the environmental baseline description for the project area. Alternative plans developed for the project area were evaluated for potential impacts using the environmental baseline document in 1984 and 1985. In May 1985, a Notice of Preparation (NOP) was prepared and mailed to responsible public ngencies, the State Clearinghouse, local affected agencies and interested community organizations. The NOP was distributed again in November 1985 to allow for additional comments and/or updating comments on the earlier NOP. The NOP provided a description of the proposed Fast Tustin Sgecific Plan, general identification of possible environmental impacts and requested that comments concernin~ issues that should be addressed in the draft BIR be submitted to the city by December 1, 1985. On December 18, 1985, the draft EIR and draft Fast Tustin Specific Plan were made available for a 45-day pubUe review period, which ended on January 31, 1986. The draft EIR identified the foUowing potential impacts and recommended mitigation measures for the ETSP: Alternative 6.1, eno P~jeeta. would prevent any development from' occurring onsite and would effectively preserve the ex/stin& ageieultueal and open spare land uses at the site foe a Umited number of years. The continued use of the site foe aqTfeultural open spare uses is not a v/able lone-term use of the site, nee it is considered with the existir~ general plan which designates the site for tu~an uses. In that all environment~l impeets would be avoided under this altetmative, is is clearly considered to be an environmentally superior option to the proposed project. This alternative was rejected, however, because it fails to provide foe the objective established for the project, and is contrary to the goals, objectives and p~ovtsions of the Tustin General Plan which designate the project site foe urban development. Altet~mtive 6.2, gzistin~ C mneml Plan would allow the project site to be develo9ed under, the existin~ general plan land use designat/ons. Compared to the etueent project proposal, the development of uses of a lower intensit7 would dfoed the advantages of l~t_~ tra/fie, noise and air quality imparts as well aa reduced demands on public serv/ees and utilities. Second to ~he "no peojeet~ alte~mtive, this alternative may be considered to be the environmentally supoeioe alternative. However, the existing general plan land use designat/ons provide foe vet7 little commercial, employment and reereat/on uses to support the residential development allowed, thus creating an "unbalaneedw communitT. Based on land use balance considerations, this alternative was rejected in favor of the current proposal. Alternative 6.3~ Maximum Vaesidential Development provides foe a greater number of residential units and lesa commercial uses than the eurrentiy proposed project. The relative advantages would include le~ traffic generation especially during peak travel hours, less mobile sourer air and noise ponution and a greater contribution .in the number and tTpe of units added to the city's extstiag housing stork. The dtsadvantages include greater impeets on public serv/ees and utilities el~oe~i~lly [~Mblie ~oO]a, greater demands on Hmited existing commercial and employment land uses and the exposure of more dweIling units to ex/sting noise sourers pa~. tie~!nely military aircraft noise. A~ the apparent disadvantages exceeded the advantages, this alternative was rejected in favor of the current project proposal. 11 Alteem~ti~-6o4~ M~xim~m Commeeel~l Dmrelopme~t provides loc more eommero/al and less residential development than the current proposal The primary advantages of this alternative include geeater local employment and shopping opportunities for project residents and less of a demand on pubUe schoois. The disadvantages, which serve as the reasons for rejecting this alternative, include increased traffic generation especially during peak travel hours~ increased mobile source air and noise pollution and a higher intensity development character than that of the local area. Du~ng the draft ~ pubUe review period, two noticed pubUe hearings were held before the Tustin Planning Commt-~rion to receive pubUe testimony regarding the draft ~ ~md Specific. ~ (see comments A-1 through A-9 and H-1 through H-28 in the Eespon~e to Comments document for summaries of comments received at the hea~inp). Ove~ five hours of pubUe hearing testimony and a total of 26 letters ineo~orating approximately 300 separate comments (inelu. ding ors/comments) were received on the draft The City of Tustin has prepared written responses to comments ~eeeived du~ng the gr~ pubUc ~'eview period. The Planning Commission has received direct pubUe testimony, reviewed the draft grr~and the eommonts and responses thereto~ in consideration of the proposed aetiom involving the East Tustin area. This review proeass has invelved each environmontal category and issues required by CEQA and the State EIB guidelines. In recognition of this review, and the comprehensive evaluation of environmental impacts contained in the HIE, the Tustin Planning Commission recommends that the City Council consider the draft EIlt)eomments and responses thereto as a final ~.r~ for their review and certification as provided in Section 15090 of the State ErR guidelines. 12 .1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 28 RESOLUTION NO. 2294 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT 86-1a, AMENDING THE LAND USE ELEMENT TEXT AND DIAGRAM OF THE TUSTIN AREA GENERal PLAN FOR THE AREA BOUNDED BY THE SANTA ANA FREEWAY (I-5) TO ll~E SOUTH: EXISTING RESIDENTIAL DEVELOPMENT IN THE CITY OF TUSTIN AND THE UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS AND COWAN HEIGHTS TO THE WEST: UNINCORPORATED LAND TO THE NORll4: AND UNINCORPORATED AREA WII~IN THE SPHERE OF INFLUENCE LINE (MYFORD ROAD) FOR THE CITY OF IRVINE TO THE EAST: ENCOMPASSING APPROXIMATELY 1,740 ACRES COMMONLY KNOWN AS EAST TUSTIN (EXHIBIT "A" ATTACHED HERETO) The Planning Commission of the city of Tustin does hereby resolve as follows: I. The Planntng Commission finds and determines as follows: Ae That Section 65358 of the Government Code of the State of California provides that when it is deemed to be in the public interest, the legislative body may amend a part of the General Plan. That a joint application was filed by the city of Tustin, and Monica Flortan on behalf of The Irvine Company requesting amendment to the Tustin Area General Plan. Ce That in accordance with Section 65358 of the Government Code of the State of California, a public hearing before the Planning Commission was duly called, noticed and held for the purpose of amending the Land Use Element text and diagram concerning the property identified on the attached Exhibit A. Specially, the following changes will be made: 1. Exhibit A will be incorporated in the Tustin Area General Plan diagram as the land use plan for the East Tusttn area. The following text will be added to the Land Use Element of the Tusttn Area General Plan. Under General Concerns and Considerations, letter C. East Tusttn Area. The land use element currently provides for a use designation known as Planned Community. The P.C. use is a method to assure the compatibility of land uses with the character of surrounding developments and provide for a vehicle to ensure precise development plans are reviewed and approved prior to development. One of the purposes of the land use element is to provide for flexibility and integration of land use for transitional properties by classification as Planned Community. 1 .21 5 6 $ 9 10 11 14 15 16 17 18 19 20 21 26 28 Resolution t4o. 2294 page two It is the intent in-the East Tustin area to utilize Planned Community as a land use tool in general and specific planning. The majority of the area is divided into three Planned Community designations: P.C. Residential; P.C. Commercial; and P.C. Mixed Use. The Planned Community Residential area is ant-ictpated to have a density range from ~o dwelling units pe~ gross acre to 25 dwelling units per gross acre. It is anticipated that the subject area will support a total residential dwelling unit count of 7,950 units for the 1,740 acre site. At the city of Tustin's current population rate per unit (1980 census) of 2.43 person/unit, the population density of the East Tustin area may be approximately 19,440 people, a 47.63 percent increase over the 1985 population of 40,815. Dwelling unit types shall range from single family detached to multiple family apartments. Portions of East Tustin located in hillside areas shall maintain a maximum density not to exceed two dwelling units per gross acre. Portions of East Tustin on level terrain and adjacent to existing residential areas shall be single family detached and maintain a character of development compatible with existing development. Outside of these requirements, remaining areas may have residential densities ranging from two dwelling units per gross acre to 25 dwelling units per gross acre. While residential unit limitations are imposed, the location, designation and density range of residential units will be determined at such time that the area undergoes specific planning. The location of planned community residential areas are consistent with the goals of the land use element and internally consistent with other elements of the general plan. To ensure that density ranges are internally consistent, specific planning will allow these densities to be studied against the goals and objectives of the other elements. To ensure that the entire subject area is considered, one specific plan for the entire area will be prepared. The land use diagram will serve as the base to determine location of residential units and the entire project area will not exceed approximately 7,960 dwelling units. Both the specific plan, and the general plan, will be used in future consistency findings in the East Tusttn area. Planned Community Commercial will support all retail commercial uses with support office uses. Planned Community Mixed Use can support retail commercial uses or office/research and development uses. The recreational use shown on the diagram is designated as exclusively for a golf course. 1 5 6 7 8 9 10 11 19. 13 14 15 16 17 18 19 20 21 22. 24 25 26 27 28 Resolution No. 2294 page three That a draft envt~6amental impact report (DEIR 85-2) for the subject general plan amendment has been prepared in conformance with the California Environmental Quality Act. That General Plan Amendment 86-1a would be in the public interest and not detrimental to the welfare of the public or the surrounding property owners based upon the following: l) That the requirement of specific planning insures internal consistency with other general plan elements. 2) That the use of the Planned Community designation will provide flexibility while ensuring compatibility with adjacent residential areas. 3) The land use diagram will provide for sufficient school and park sites in accordance with the city of Tustin ordinances and Tustin Unified School District requirements. 4) The plan shows commercial locations to provide support to the future population and existing surrounding residential areas. S) Re plan will expand the employment opportunities within the city of Tustin by providing for office/research and development uses in the Mixed Use area. II. The Planning Commission does hereby recommend to the City Council that General Plan Amendment 85-1a be approved thereby amending the land use element text and diagram of the Tusttn Area General Plan for properties within the East Tustin Specific Plan Project area identified on Exhibit "A" attached hereto. PASSED AND 6~TED at ~k reg61ax meeting the Tustin Planning Commission 'DONNA ORR, Recording Secretary KAll~Y WEIL, ,y LAND USE DIAGRAM Tustin Area General P!an 1 2 3, 4 5 6 7 8 9 10 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2295 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE CIl~ COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT 86~1b, AJ4ENDING THE CIRCULATION ELEMENT OF THE TUSTIN AREA GENERAL PLAN FOR TIffS-AREA BOUNDED BY: THE SANTA AHA FREEWAY (I-5) TO THE SOUTH; EXISTING RESIDENTIAL DEVELOPMENT IN THE CIl~ OF TUSTIN AND THE UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS AND COWAN HEIGHTS TO THE WEST; UNINCORPORATED LAND TO THE NORTH; AND UNINCORPORATED AREA WITHIN THE SPHERE OF INFLUENCE LINE (MYFORD ROAD) FOR THE CIl~ OF IRVINE TO THE EAST ENCOMPASSING APPROXIMATELY 1,740 ACRES, COMMONLY KNOWN AS EAST TUSTIN (EXHIBIT "A" ATTACHED HERETO). The Planning Commission of the city of Tusttn does hereby resolve as follows: The Planning Commission finds and determines as follows: That Section 65358 of the Government Code of the State of California provides that when it is deemed to be in the public interest, the legislative body may amend a part of the General Plan. That a Joint application was filed by the city of Tusttn, and Montca Florian on behalf of the Irvine Company requesting amendment to the Tustin Area General Plan. That in accordance with Section 65358 of the Government Code of the State of California, a public hearing before the Planning Commission was duly called, noticed and held for the purpose of amending' the Circulation Element of the Tusttn Area General Plan concerning the property identified on the attached Exhibit A. Specifically, the following changes are to be made: The extension of La Coltna, from Browning Avenue east to Future Road as a secondary road. Included in the Circulation Element text: Although La Colina road is designated as a secondary highway from Browning Avenue to Future Road, the roadway will be restricted to the improvement of only two lanes of traffic within the ci'ty of Tustin. This condition will remain in effect until such time that the county of Orange or other appropriate public entity improves the roadway from Newport Avenue to Browning Avenue to secondary standards. If the county removes the .secondary status for La Colina from Newport Avenue to the city boundary, the city will consider this amendment in its circulation element and diagram. This section will also.be added to the Sector 8 and g policies, located in Section 2.14.3 of the East Tustin Specific Plan. 1 4 9 10 11 12 13 14 1,5 16 17 18 19 20 21 Resolution No. 2295 Page 'cwo The incluston~T Myford Road, north of the I-5 Freeway as a . major highway to Portola Parkway, and as a primary highway from Portola.Parkway to the northern city boundary. The upgrading of the status of E1 Camino Real/Laguna Road from a commuter highway to a secondary highway from Red Htll Avenue east to Myford Road. 4. The Inclusion of a full directional interchange on the I-5 Freeway at Jamboree. That a draft environmental impact report (DEIR 85-2) for the subject general plan amendment has been prepared in conformance with the California Environmental Quality Act. The proposed amendments to the circulation element shall be submitted to the County of Orange Environmental Management Agency in order to amend the Master Plan of Arterial Highways to reflect the ctty's amendments. That General Plan Amendment No. 86-1b would be tn the publlc tnterest and not detrimental to the welfare of the publlc or the surrounding property owners based upon the following: The proposed amendments to the circulation system along with other planned improvements will support East Tustin development, will provide capacity for other traffic, and will also provide traffic relief for other existing city streets. Costs of construction of improvements permitted by General Plan Amendment 86-1b will be provided wholly or- in fair-share proportion by development projects approved within the East Tustin Specific Plan Area. Adequate right-of-way areas will be reserved within the East Tusttn Specific Plan Area. prior to development, ensuring availability of land for construction of circulation systems. All projects within the East Tustln Specific Plan area shall meet air quality requirements in compliance with "reasonable available control measures" of the South Coast Air Quality Management Plan. Such measures include but are not limited to increased use of bicycle/pedestrian facilities and traffic signal synchronization. 1 2 4 5 6 7 8 9 10 11 19. 15 14 1§ 16 17 18 19 20 21 9.6 27 28 Resolution No. 2295 Page three Noise generat:-~ in association with newly constructed circulation systems wtll be mitigated by the use of barrter walls. Such walls wtll be be~m, wall or a combination be~m and wall, the ftnal type and conftgurat.ton of which wtll be determined when fln&l grading plans showtng locations, structure setbacks and precise butldtng pad elevations are developed. I1. The Planning Commission does hereby recommend to the Ctty Council that General Plan Amendment 86-1b be approved thereby amending the circulation element of the Tusttn Area General Plan for properties wtthtn the East Tusttn Specific Plan Project Area Identified on Exhibit "A" attached hereto. PASSED AND ADOPT~D~t a regular ~eeDtng of the~Tusttn Ple/nning Commission, held on the y/L//~'~ day of ~3'~J~/~/J , 198_~Z- 'DONNA ORR, Recording Secretary Chat r~n E LEC'-.I~D CIRCULATION DIAGRAM Tustin Area General Plan EXHIBrr A 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 28 RESOLUTION NO. 2296 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT 86-'1C, AMENDING THE SEISMIC SAFETY ELEMENT OF THE TUSTIN AREA GENERAL PLAN FOR THE AREA BOUNDED BY: THE SANTA ANA FREEWAY (I-$) TO THE SOUTH; EXISTING RESIDENTIAL DEVELOPMENT IN THE CITY OF TUSTIN AND THE UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS AND COWAN HEIGHTS TO THE WEST; UNINCORPORATED LAND TO THE NORTH; AND UNINCORPORATED AREA WITHIN THE SPHERE OF INFLUENCE LINE {MYFORD ROAD) FOR THE CITY OF IRVIN£ TO THE EAST ENCOMPASSING APPROXIMATELY 1,740 ACRES, COMMONLY KNOWN AS EAST TUSTIN (EXHIBIT "A" ATTACHED HERETO). The Planning Commission of the city of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: That Section 65358 of the Government Code of the State of California provides that when it is deemed to be in the public interest, the legislative body may amend .a part of the General Plan. That a joint application was filed by the city of Tustin and Montca Flortan on behalf of the Irvine Company requesting amendment to the Tusttn Area General Plan. That in accordance with Section 65358 of the Government Code of the State of Caltfornta,.a public hearing before the Planning Commission was duly called, noticed and held for the purposes of amending the Seismic Safety Element of the Tustin Area General Plan concerning the property identified on the attached Exhibit A. Specifically, the following changes are to be mmde: Chapter 3 of the adopted Seismic safety Element, as it pertains to the Norwalk and E1 Modena Faults {pages 24 and 25) is hereby amended to read as follows: Norwalk and E1 Modena Faults The Norwalk Fault is suggested to be a high-angle reserve fault dipping to the north. The fault is approximately 16 miles long; roughly trending northwest, and has been thought to be an accurate trace between Buena Park and the unincorporated area to the northeast of Tusttn. There,is much speculation regarding the exact location of the Norwalk Fault. Its exact location easterly of the intersection of Commonwealth and Euclid in Fullerton is unknown, although several locations have been postulated. 1 2. 3 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22. 2~ 9.6 27 28 Resolution No. 2296 Page two A number of petroleum geologists have expressed doubt as to its location east of Fullerton since their attempt at drilling to find oil trapped on such a fault has revealed no good evidence. The County has stated that some surface exposures led them to believe that the fault exists and may form a ground water barrier, but again evidence is not good. Field work in a cooperative program between Orange County and the State to be undertaken during the coming year might shed more definitive information. As noted in Draft Environmental Impact Report 85-2 prepared in conjunction with development of the East Tustin Specific Plan, a portion of the E1 Modena Fault is located within the Peter's Canyon area of the city of Tustin. (See Exhibit A.) Based upon information presented in DEIR 85-2, the E1 Modena Fault has characteristics that indicate the fault was at one time active. However, based upon preliminary findings of a geotechntcal analysis, the fault may not be active at this time (see OEIR 85-2, Appendix C). Should additional study reveal that the E1 Modena Fault is active, 'development occurring near the fault could be exposed to the potential for surface rupture. Such potential for adverse impact could be reduced by the establishment of a structural setback zone on either side of the mapped trace of the fault. Future development could also be exposed to secondary impacts associated with seismic activity including: expansive soils, weakened rock materials which perform poorly in cut slopes, and perched groundwater which can cause seepage in graded areas adjacent to faults. However, such impacts can be controlled by special foundation design or overexcavation, buttressing or laying back cut slopes, and subdrainage, respectively (DEIR 85-2). That the attached Exhibit "A" be included as exhibit in the Seismic Safety Element. That a Chapter 8 be added to the Seismic Safety Element establishing policies to be observed in conjunction with development within the East Tustin Specific Plan Area. The additional text shall read as follows: 1 2 3 4 5 6 7 8 9 10 11~ 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 Resolution No. 2296 Page three Oe Chapter 8 Policies To mtntmtze the potential for adverse impacts to development in the East Tusttn Specific Plan area resulting from various seismic activities, the following policies are hereby established as a part of the Seismic Safety Element: Detailed geotechntcal and soils engineering reports shall be prepared subsequent to development of preliminary design layouts and final grading plans (e.g., at the tentative tract map preparation stages). This report will provide further, more detailed measures for treatment of excavattonal (ripping) difficulties, surftctal material removals, cut and fill slopes, expansive soils, faults and liquefaction hazards (influencing the design of roadway stream crossings). Additionally, a slope stability analysis which includes identification of bedding planes and slip planes, location of ancient landslides, and provisions for surface and subsurface drainage control.. Prior to development in the Upper Peter's Canyon area a geotechntcal analysis shall be conducted to determine the exact status of the E1Modena fault. If it is concluded that the fault can be considered active, additional detailed analysis shall be conducted to determine the exact location and extent of the fault. This study will serve to define the location and width of any structural setback zone made necessary by the fault. All structures to be constructed in the project area shall be designed in accordance with the seismic design provisions of. the Uniform Building Codes adopted by the city to maximize safety in the event of an earthquake. That a draft environmental impact report (DEIR 85-2) for the subject general plan amendment has been prepared in conformance with the California Environmental Quality Act. 1 2 5, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2296 Page four That General Plan Amendment 86-1c would be in the public interest and not detrimental to the welfare of the public or the surrounding property owners based upon the following: The proposed amendment provides information not presently contained within the Seismic Safety Element that further identifies and appraises potential seismic hazards in the East Tusttn Area as required by Section 65302{f) of the Government Code of the State of California. That policies established by the proposed amendment ensure that maximum effort be taken to minimize potential adverse impacts of seismic activity. II. The Planning Commission does hereby recommend to the City Council that General Plan Amendment No. 86-1c be approved thereby amending *the Seismic Safety Element of the Tustin Area General Plan. PASSED AND ADOPTED.~t a reglar~et~Fng of .the Tusttn Pl.~nntng Commission, held on the /L~l.~ day of -(T/Y~-~/~/y, 198_~.. DONI~ ORR, Recording Secretary Chairmen Geology EAST TUSTIN 5PEOF~ PLAN City of Tus'dn 1 5 ? 9 10 11 12 14 15 16 17 18 19, 2~ 28 RESOLUTZON NO. 2299 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENOING TO THE CITY COUNCIL THE REZONING FROM PLANNED COMMUNITY TO PLANNED COMMUNITY/RESIDENTIAL; PLANNED COMMUNITY/COMMERCIAL; PCANNEO COMMUNITY/MIXED USE AND PLANNED COMMUNITY/COMMUNITY FACILITIES FOR THE AREA BOUNDED BY:THE SANTA ANA FREENAY (X-S) TO THE SOUTH; EXISTING RESIDENTIAL . OEVELOPMEHT IN THE CZTY OF TUSTIN AND T~E UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS ANO CONAN HEIGHTS TO THE NEST; UNINCORPORATEO LANO TO THE NORTH; ANO UNINCORPORATED AREA WITHIN THE SPHERE OF INFLUENCE LINE (MYFORO ROAO) FOR THE CITY OF IRVINE TO THE EAST ENCOMPASSING APPROXIMATELY 1,740 ACRES, COMMONLY KNOWN AS EAST TUSTIN (EXHIBIT "A" A~TACHEO HERETO). The Planning Coltsston of the City of Tusttn does hereby resolve as follows: The Planntng Commission ftnds and determines as follows: AD That a proper application (Zone Change No. 86-1) has been ftled upon direction of the ¢tty Counctl and by Montca Florlan on behalf .of the Irvtne company for the purposes of changing the zontng designation for the property sho~n in Exhtbtt ~A" attached hereto fro~ Planned Community to: Planned Community/Residential (PCR); Planned Coluntty/Commerctal (PCC); Planned Community/Mixed Use (PCt4U); and Planned ¢oemntty/Coemuntty Fa¢t11.ttes' (PCCF) as delineated on the same Exhtbit A. B. That a public hearing before the Planntng Commission to constder Zone Change 86-1 was duly called, noticed and held. That a draft envfronmantal tmpact report (DEIR 85-g) was prepared for this project in conformance with the California Environmental Quality Act. O. That a zone change should be granted for the following reasons: e e This comprehensive zone change would be consistent wtth goals and objectives of the city of Tusttn calltng fo~ a balance of residential, commercial, employment, educational and recreational !and uses. This comprehensive zone change will provide a mechanism by which the East Tustln Spectftc Plan can be fmplemented. As proposed the East Tusttn Spectftc Plan ts more conMstent with the Housing Element of the Tusttn Area General Plan than extsttng zontng in that a variety of houstng types would be permitted and o~ner occupied houstng wtll be encouraged. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 2~ 25 26 28 Resolution No. 2299 Page two Under existtn~-'2ontng, residential development would be in direct conflict with agreements between the city and the United State Marine Corps as they pertain to air corridor easements.' These agreements specl fi ca 11 y proht bi t residential uses in the corridor areas south of Bryan Avenue. 5. The adoption of this comprehensive zone change would be consistent with the Tustin ARea General Plan as amended. 6. That no development will be allowed within the project area prior to the adoption of the East Tusttn Specific Plan. II. The Planning Commission does hereby recommend to the City Council approval of Zone Change 86-1 changing the zone designation for the property shown in Exhibit "A" attached hereto from Planned Communtty to: Planned Community/Residential (PCR); Planned Community/Commercial (PCC); Planned Community/Mixed Use' (PCMU); and Planned Community/Community Facilities (PCCF) as delineated on the same Exhibit "A". Tustin P1)nning Commission, PASSED AND ADOPTE.~ at a regla~J~/me~ttngof~he held on the .~/0~ day ofj~, 198_~_. ffONNA~ORR, Recordtng Secretary Chairman ZONING EXNI~IT A 1 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 9.1 23 24 25 26 28, -RESOLUTION NO~ 2297 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE CITY COUNCIL ADOPTION', BY RESOLUTION OF THE COUNCIL, SECTIONS 1.0 ANO 2.0 OF TNE-EA~T TUSTIN SPECIFIC PLAN (SPECIFIC PLAN NO. 8). The Planning Commission of the city of Tusttn follows: I. The Planning Commission finds and determines does hereby resolve as as follows: Oe That a joint application was filed by the city of Tusttn, and Monica Florian on behalf of the Irvine-Company for the purposes of adopting a comprehensive land use plan for the property indicated in Exhibit A attached hereto, commonly known as East Tustin. That a comprehensive land use study covering the subject property was commissioned and completed. That as a result of the land use study, a Specific Plan was prepared in accordance with Sections 65450 through 65457 of the California Government Code. The plan is detailed in Exhibit B attached. That a public hearing before the Planning Commission to consider the Specific Plan was duly called, noticed and held. That a draft environmental impact report (DEIR 85-2) has been prepared in conformance with the requirements of the California Environmental Quality Act. That establishment and implementation of the plan as submitted, under the circumstances of this case, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: The proposed residential and commercial development is consistent with the Tusttn Area General Plan as amended and adopted. e Reasonable alternatives to the plan and their implications have been considered. The scope and depth of plan analysis are commensurate with the level of detail contained in the plan and the specificity of land use entitlement its adoption authorizes. The various components of the pl'an as well as tie plan in its entirety are sensitive to the environmental and public policy impacts of the proposed development. 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 Resolution No. 2297 Page Appropriate m~t~gation measures are incorporated in the plan to ensure that concerns Identified at this level of planning are resolved as part of the more detailed site plan review which must be completed before private development may proceed. 6. Administration of the plan is thoroughly integrated into the city's development processing system. All subjects required in a specific plan by the California Government Code and applicable city ordinances are appropriately and adequately covered. Adequate time and opportunities have been afforded interested organizations and, members of the public to comment on or propose changes to the plan if they so desired. That the establishment, maintenance, and. operation of the plan as submitted will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the city of Tusttn, and should be approved. II. That Sections 1.0 and 2.0 of the EaSt Tusttn Specific Plan as prepared (Exhibit B) are intended to be informational in nature, to provide conformance with specific plan regulations, yet also establish policy guidelines by which the project area should be developed. As such Sections 1.0 and 2.0 should be adopted by Resolution of the City Council, subject to the recommended changes enclosed as Attachment "A". The Planning Commission hereby recommends to the City Council that Sections 1.0 and 2.0 of the East Tustin Specific Plan as presented in Exhibit "B" attached hereto be approved as policy documents and adopted by a Resolution of the City Council. PASSEDheld onANDtheADOPTED'atdaya reg~lar~eee~ing of the , 198~.. UON)~A ORR, Recording Secretary Attachment "A" EAST TUSTIN SPECIFIC PLAN RECOMMENDED AMENDMENTS AS' REQUESTED BY TUSTIN PLANNING COMMISSION Page 1-6, Second ?bullet" under Seismic Safety. Change fire retardant to fire resistant roofing, as defined by the Underwrtter's Laboratory, Chicago, Illinois. Page 2-16, Change "stucco or woodensidtng" to read "off-white or earthtone stucco and/or woodenstding." Page 2-16, Letter B Change to read "Fire resistant roofing materials must be used on structures occurring within the Hillside District." "Class A minimum as rated by the Underwrtter's Laboratory, Chicago, Illinois." Page 2-19, Add to second "bullet" which begins "Include only ..." "fire resistant plant materials, where feasible." Page 2-43, Add to Letter C, "The Planning Commission should prepare a plan stipulating and regulating the hours when sports lights can. be used." That the Planning Commission recommends that no sector plans, tentative tract maps, or building permits be issued in the East Tusttn Specific Plan area until & Development Agreement for said area is considered and adopted by the city of Tustin. That Racquet Hill Drive shall be deleted from the Land Use Map for the East Tusttn Specific Plan. eom munity Development Department 2 $ 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 22 96 9-7 28 RESOLUTION NO. 2298 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE CITY COUNCIL THE AOOPTION, BY ORDINANCE, OF SECTION 3.0 OF THE EAST TUSTIN SPECIFI~'-PLAN (SPECIFIC PLAN NO. 8) AND EXHIBIT "C" AS THE LAND USE PLAN. The Planning Commission of the city of Tusttn does hereby resolve as follows: The Planning Commission finds and determines as follows: That a Joint application was filed by the city of Tustin, and Monica Flortan on behalf of the Irvtne Company for the purposes of adopting a comprehensive land use plan for the property indicated in Exhibit "A" attached hereto, commonly known as East Tusttn. B. That a comprehensive land use study covering the subject property was commissioned and completed. That as a result of the land use study, a Specific Plan was prepared in accordance with Sections 65450 through 6S4S7 of the California Government Code. The plan is detailed in Exhibit "B" attached, along with Exhibit "C". That a public hearing before the Planning Commission to consider the Specific Plan was duly called, noticed and held. That a draft environmental impact' report (DEIR 8S-2) has been prepared in conformance with the requirements of the California - Environmental Quality Act. That establishment and implementation of the plan as submitted, under the circumstances of this case, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed- use, evidenced by the following findings: The proposed residential and commercial development is consistent with the Tusttn Area General Plan as amended and adopted. 2. Reasonable alternatives to the plan and their implications have been considered. The scope and depth of plan analysis are commensurate with the level of detail contained in the plan and the specificity of land use entitlement its adoption authorizes. e The various components of the plan as well as the plan in its entirety are sensitive to the environmental and public policy impacts of the proposed development. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 9.4 25 28 Resolution No. 2298 Page two 5. Appropriate mitigation measures are incorporated in the plan to ensure that concerns identified at this level of planning are resolved as part of the mere detailed site plan review which must be completed before private development may proceed. 6. Administration of the plan is thoroughly integrated into the city's development processing system. All subjects required in a specific plan by the California Government Code and applicable city ordinances are appropriately and adequately covered. Adequate time and opportunities have been afforded interested organizations and members of the public to comment on or propose changes to the plan if they so desired. That the establishment, maintenance, and operation o~ the plan as submitted will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the city of Tustin, and should be approved. That Section 3.0 of the East Tusttn Specific Plan as prepared is intended to establish land use regulations and development standards, as well as administrative procedures necessary to implement said regulations and standards for residential and commercial development within the East Tustin Specific Plan Area. Further, that said regulations, standards and procedures should be adopted by Ordinance of the City Council. Further, Exhibit "C" is established as the land use plan, by Ordinance, and' shall present the development guide for the East Tusttn Area. II. The Planning Commission hereby recommends to the City Council that Section 3.0 of the East Tusttn Specific Plan as presented in Exhibit "B" and Exhibit "C" attached hereto-be approved as the regulatory documents for the East Tustin Area and that it be adopted by an Ordinance of the City Council, subject to the recommended changes enclosed. PASSED AND ADOPTE_~O at a regu rl~?~ee!~ing of the T~stin P)~nntng Commission, held on the //~ day of (~L/.~ ~z/~jY~L~ , 198~_. 'DONNA ORR, Recordtng Secretary Chairman -® . ATTACI~MENT "A" EAST TUSTIN SPECI:FIC PLAN RECOMMENDED AMENDMENTS AS REQUESTED BY ~qJSTIN PLANNING COMMISSION Page 3-$, Change Lot, Width to read "the width of the front of the lot measured at the setback of the main structure." Page 3-[2, Change 4 to read "any revision to increase the number of dwelling units by a total of 15 percent or less .... " Page 3-22, Section A-l, Change to read "permitted density, maximum dwelling units per gross acre." Page 3-25, Section B2, letter C5, Change to read "garages that have rear access from a private drive or alley shall maintain a minimum .3 foot setback from property line and tnclude an autometlc garage door opener; and" Page 3-29, Change C:t. to ~Table Ct." Page 3-30, Under open space, Change the last sentence to 'read "areas retained as permanent open space shall he maintained by a mandatory private homeowners association." e Page 3-34 Letter "1~ ", Change to read "A certificate of compliance with applicable . . ." ". · · will be tssued by the homeowners association and will be required .... " Page 3-35 letter h. Oeparl=nent stores, change to permitted tn General Commercial, letter q. Liquor stores, change to use per,fit tn General Coemerctal. Page 3-39 Letter 3.7.4.E. Change to read "A-certification of compllance wtth applicable .... " Page 3-[9, add letter R. The use of outdoor speakers, bUzzers, mustc, or other devtces wtth notse an~ltftcatton outstde of the tntertor of the structure is strtctly forbidden in the enttre planntng area, except in the case of spectal events, and these wtll requtre a teeporary use perett. That the Planntng Comtsston recommends that no sector plans, tentative tract maps, 'or butldlng permtts be tssued tn the East Tusttn Spectftc Plan area unttl a Oevelopment Agreement for satd area is considered, and adopted by the ctty of Tusttn. [2. That Racquet Htll Ortve shall be deleted from the Land Use Map for the East Tust~n Spectftc Plan. [3. Page 3-[9, add letter S. The Tusttn Untfted School Otstrtct and The Irvtne Company shall enter into the necessary agreements to enable the school dtstrtct to obtain financing for the acquisition,' construction and/or use of school facilities necessary to accomeodatee the students generated by the East Tusttn residential development. Ftnal approval of the residential maps shall be contingent upon thts agreement or tn the absence of such an agreement upon the determination of the City Counct1. Corn munity Development Department 14. 15. 16. Page 3-19 letter O. Change to: Plans for the notse attenuation of units located near arterial higl~ays or freeways or under the Browntn~ Corridor which insure that interior and exterior notse levels do not exceed the ct~ of Tusttn noise ordinance, shall be submitted for review and approval at the time of builder's tentative tract consideration for residential development. Page 3-46. Change: Medium Low and Medium & Medium High 1. 'Detached; the credit for guest on-street parking from 10u% to 50 . Page 3-46. Change: 3; Multiple Family (apartments) 2 bedroom; from 1.8 required parking spaces to 2.0 required parking spaces. Corn munity Development Department Report to the Planning Commission SUB,]ECT: APPLICANT: LOCATION: ZONING: FEBRUARY ~O. ~986 EAS'r TUS'T'ZN PI. ANNEJ) (:OI~gdlUNZ'r'Y (I'USTIN P.J~NCH) (CONTINUED PUBLIC HEARING FROH 1/27/86) THE IRYINE COMPANY AND THE CITY OF' TUSTIN THE SUB&ECT AREA IS BOUNDED BY THE SANTA ANA FREEHAY TO THE SOUTH; .EXISTING RESIDENTIAL DL'YELOPI~NT IN THE CITY OF TOSTIN AND THE UNINCORPORATED COIdB~UNITIES OF LEJtON HEIGHTS AND COIgAN HEIGHTS TO THE NEST; UNINCORPORATED LAND TO THE NORTH; AND UNINCORPORATED AREA NITHIN THE SPHERE OF INFLUENCE LINE (HYFORD ROAD) FOR THE CITY OF IRYINE TO THE FAST. (PC) PLANNED COII~JNITY ENYXROIOIENTAL STATUS: A UNJ~'T EN¥IRONPI[NTAL ~14PACT REPORT HAS HEENIpREPARED AND SUBNTTI-LD FOR THIS PROdECT~ REC0114ENDED ACTION: Upon the closure of the public hearing, following resolutions in order to allow the East Tusttn Specific Plan considered by the Citl/ Council: staff recommends the adoption of the to be 1. Resolution No. 2300, EIR 85-2 2. Resolution No. 2294, GPA 86-1a 3. Resolution No. 2296, GPA 86-1b Resolution No. 2296, GPA 86-1c 5. Resolution No. 2299, ZC 86-! 6. Resolution No. 2297, Specific PlanNo. 8 7. Resolution No. 2298, Specific Plan No. 8 BACKGROUND: The public hearing for the East Tusttn Specific Plan was continued until the Februar~ [0, 2986 meeting, primarily to allow the Commission to receive and review comments submitted by the public during the EIR review period. The review period for the EIR ended January 32, 1986. _ DISCUSSION: All comments received by the January 31 deadline have been reviewed and responses are enclosed for Commission review. In some cases, a response may be further elaborated on for the City Council, but the responses as currently submitted provide enough information for Commission consideration and reco~m¥~ndatton of the plan to the Council. These responses provide a framework for further Council consideration. , Corn munitv Devetoom._enT. Pe_Partme. n...t ........................... . feast Tusttn February lO, 1986 page two As an advisory body, the Planntng Commission does not certify the EIR as a ftnal document. The Commission will be making a recommendation on the draft EIR, but ultimately .it is the City Counctl that must review the total record, make findings and certtfy the draft E~R as a final EIR. Enclosed in this staff report are comments from the city of Irvine, which arrived at the city of Wednesday, February $, 1986. In accordance with CEQA, these comments are considered late, and the city has no legal requirement to address them. The city of Irvine is an adjoining public agency to Tustin, and therefore the comments will be addressed for final Council consideration of the EIR. Due to the lateness of the comments, a comprehensive review and response cannot be prepared, but a preliminary review of the comments show that most of Irvtne's issues are similar to other comments that have been addressed for Con~ntssion consideration. The comments are enclosed for Commission review and consideration. SPECIFIC PLAN: In keeping with a Commission request, a list of issues raised by the public has been categorized and enclosed for Commission review. The format identifies the issue, a city staff response, a response from The Irvtne Company and a recommended action. It is the intent of this issues list to provide the Commission with a concise description of all concerns and how the specific plan does or could respond to that concern. The MOU between the. Tusttn Unified School District and The Irvine Company is enclosed for Commission review. In accordance with this agreement, the following condition is recommending for inclusion into Section 3.0 of the Specific Plan: letter S, under General Development Standards; Final residential maps shall not be approved by the city until such time as Tustin Unified School District and The Irvine Company have entered into the necessary agreements to enable TUSD to obtain financing for the acquisition, construction or use of the necessary school facilities to accommodate students generated by residential development of that map. In regard to the Racquet Hill Drive connection, staff has included a condition in the draft resolutions for the specific plan that would delete Racquet Hill Drive from the land use plan. Additionally, concerning the status of the La Colina connection into the proposed "Future Road", the EIR states that no more than two lanes of roadway is required on La Colina as a result of this project. In accordance with this recommendation, the following language has been added to the draft resolution for the Circulation Element amendment: "Although La Coltna road ts designated as a secondary highway from Drowning Avenue to Future Road, the roadway will be restricted to the improvement of only two lanes of traffic within the.city of Tustin. This condition will remain in effect until such time that the county of Orange or other Community Development Department East Tusttn February 10, 1986 page three appropriate public entity improves the roadway from Newport Avenue to Browning Avenue to secondar7 standards. If the county removes the secondary status for La Colina from Newport Avenue to the city boundary, the city will consider this amendment in its circulation element and diagram. This section will also be added to the Sector 8 and 9 policies, located in Section 2~14.3 of the East Tusttn Specific Plan." This language has been added in order to minimize thru traffic on La Coltna~and limit the roadway to two lanes. Also included in this staff report is a letter from The Irvtne Company, and each member of the Commission has been given a copy of a petition of north Tustin residents opposing the Lower Lake connection. Senior Planner EK:do Community Development Department THE IRVINE COMPANY February 7, 1986 Mrs. Kathy Well, Chairperson Tustin Planning Commission 300 Centennial Way Tustin, California 92680 Dear Chairperson Weil= On Monday evening, you will be considering action on the East Tustin Specific Plan. Considerable consultant and community testimony has been received regarding this plan over the past eight weeks, and as a participant in the formulation of the plan, we would like to cogent on several subjects ~hat have been raised during the hearing process. We offer these comments in writing in recognition of the Conission's desire to focus attention at the next meeting on Commission discussion and action. It is our hope that the Co~mission will be able at that time to conclude its deliberations and act on the Specific Plan. As you weigh the wealth of evidence you have received, we believe you will conclude that a tremendous amount of thought has been given to the formulation of this plan by the City, the consultant team, the con-unity and The Irvine Company. We believe you will see a sensitive, cohesive, balanced plan in which all the pieces fit together in their proper places. We hope you will conclude that this plan fulfills the challenge originally set forth by the City Council and that you will recommend it to them for adoption. Benefits of the Plan some people have questioned what benefit is received by the City from approval and implementation of the East Tustin Specific Plan. The answer to this question, we believe, lies with the primary objectives for theplan originally established by the City Council three years ago and how well the Specific Plan now meets those objectives. 550 Newport Center Drive, P.O. Box I, Newport Beach, California 92658-8904 · (714) 720-2000 Page Two When we began this Joint process, the City Council clearly stated its directives for the East Tustin area= to ensure development of a quality community which would reinforce the desirable image of the city~ to improve the City's tax base and ensure that East Tustin development was self supporting~ to provide for a circulation system that not only met the needs of new development but benefitted the existing community, as well~ to provide a first-class golf course and other recreation opportunities that could be enjoyed by the entire community; and to create a plan that was economically feas.ible to develop so that these objectives could indeed become realities, not Just plans· We believe the plan before you measures up well to these high standards and in doing so, provides a host of benefits to the existing community, both City and County residents: · 18-hole high-quality golf course open to the community. · 66 acres of neighborhood and co--unity parkland. A provision for 360 acre Peters Canyon Regional Park and connecting biking, hiking and equestrian trails. (125 acres of the park will be in East Tustin.) A mix of retail uses which provide services to the whole community while generating sufficient revenues to make the new community pay for itself. A major circulation system providing additional arterial capacity and freeway interchanges and overcrossings that alleviate traffic generated by new development and help reduce traffic congestion on existing streets. Improved flood control facilities to implement important segments of a much needed regional drainage system.' A compatible interface.with adjacent residents in which new housing is limited to single-family detached homes ranging in density from 2 to 5 units per acre. Reservation of school sites to meet the needs of new students. Page Three Why vary from the General Plan The question has also been asked, why is the Specific Plan different from ~he current General Plan. Though most attention has been focussed on ~he addition of 1,000 units over the existing General Plan, there are several other important differences including the addition of a golf course, a regional park, and the retail and hotel program. The reason for these changes stems in major part from the Council directed objectives for the plan. It also stems from our mutual objective that the plan be economically feasible to implement so that those objectives can be met. To be economically feasible to develop, the plan must provide development opportunities that match market demand, it must be flexible enough to respond to changing market and economic forces over time, it must be financeable, and it must provide adequate financial retu=n to justify our major commitments to the significant road, flood control, recreational, park and development standards reflected in the plan. Looking at the plan as a whole, we believe ~t achieves the City's objectives, while-also being realistic and feasible from a developers point of view. Infrastructure Phasin= and Fiscal The suggestion has been made by some that in approving this Specific Plan, the Planning Commission is acting with less than the traditional a~ount of information regarding infrastructure phasing and fiscal impact. It has also been suggested that in approving the Specific Plan, the Commission is abandoning any further control over infrastructure development and. fiscal balance in East Tustin. Neither of these concerns are valid. First, significantly more comprehensive information exists regarding infrastructure adequacy, capital improvement requirements and fiscal impact for the build out of the Specific Plan than the Conission would normally see if it acted incrementally over time on smaller parts of the area. The fiscal impact analysis shows that the plan generates a positive revenue to the City. Capital financing analysis shows that there are significant ways to fund capital improvements at no cost to existing residents. The EIR traffic study shows that the proposed circulation system is adequate to handle traffic generated. Page Fou~ Secondly, under the Specific Plan, the Planning Commission still retains its traditional rights of review. At the time of s~division map approval, the Planning Commission is empowered by .City and Stats law to specify exact infrastructure requirements from the project and consider the fiscal impacts of the actual development. Under the Specific Plan, the Planning Commission will also be reviewing Conditional Use Permits for several types of use, including apartments, cluster development and some types of retail uses. Thirdly, the City will gain added assurances through the Development Agreement process already underway. Recognizing the importance early on of infrastructure phasing and fiscal balance, the City Council requested that a Development Agreement be formulated to govern implementation of the Specific Plan. This Development Agreement adds to the-traditional powers of the City to regulate infrastructure phasing and fiscal balance by securing a comprehensive agreement with t_he developer regarding both funding responsibilities and phasing. The Irvine Company has supported the idea of pursuing a Development Agreement since it was first suggested by the City Council many months ago. An agreement which identifies mutual objectives and cements.specific commitments from each party will greatly facilitate coordinated implementation of the Specific Plan. The Development Agreement will help assure the City that its goals will be achieved as planned and assure the developer that the approved plan can be built. RespoB~in= to Community Needs During the hearing process, we have heard some people ask the Commission not to approve the plan until it is modified to respond to community concerns. We believe that a tremendous effort has been made over the three year planning process to respond to community concerns. In addition to addressing the specific objectives established by the City Council, which in our view reflect community concerns, the plan has undergone many changes: · A lid of 7950 units was established. · Densities in Sector 10 were reduced to low. Restriction of housing type to single family detached homes in Sectors 1, 4, 5, 8, 9 and the low density area of Sector 10. Page Five And several staff recommended changes -- which we endorse -- are pending in response to more recent public input: · Deletion of Racquet Hill. Requirement for a Development Agreement prior to Subdivision Map approval· RequirAment for Specific School facilities and financing plan prior to final Subdivision Map approval for residential development. Additionally, independent of the Specific Plan but in pursuit of its objectives, The Irvine Company has executed a Memorandum of Understanding with the Tustin Unified School District outlining a joint program for providing necessary school facilities to meet the needs created by East Tustin Development. Also, the City working with the Irvine Company, the City of Orange, and the County of Orange has concluded a Joint agreement to establish a 360 acre regional park in Peters Canyon, as envisioned by the Specific Plan. 'We appreciate the opportunity to be a part of the joint planning process for East Tustin. We hope our comments ars of benefit to you as you review the Specific Plan. We believe this plan meets both the City's and Company's goals and provides a comprehensive plan for East Tustin development. We recommend you approve the proposed plan with modifications recommended by staff on Racquethill, school facilities, and the development agreement· ncerely, "fr Monica Florian Vice President Policy Management and Entitlement MF:ta January 31, 1986 ..... ,':..:"~ The Honorable Frank'"G~einke,"M~,yor and City Council Members CITY OF TUSTIN 300 Centennial Way Tustin, CA 92680 Dear Mayor and Councilmembers: EAST TUSTIN SPECIFIC PLAN EIR 1986 Thank you for the opportunity to review the East Tustin Specific Plan draft EIR, Our comments on the document are included in the enclosed attachment. Considering the regional significance of the proposed development and the magnitude of potential impact on the City of Irvine, we have some concerns regarding the project's implementation. It is important that the Specific Plan document be accurate and detailed and that the EIR adequately address all potential environmental impacts. I lock forward to your prompt response to our concerns. It is hoped that our respective staff can get together immediately to resolve the issues identified. Ail contact for the City of Irvine should be coordinated through Ed Moore, Principal Planner of Environmental Services (660-3784). Sincerely, C. DAVID BAKER Mayor CDB:MR:jh Attachment Ed Moore, Principal Planner Transportation Commission Planning Commission EAST TUSTIN SPECIFIC PLAN DRAFT EIR City of Irvine Comments 1. ERRORS AND OMISSIONS 3.1 Landforms/TonoaraDhv None :3.2 eolc v None 3.3 Hvdroloav/Water0ualitv The City of Tustin, City of Irvine, and The Irvine Company ate proposing to enter into an agreement for the development of a Master Plan of Drainage for the San Diego Creek watershed, which includes Peters 'Canyon Wash. Any proposed improvements should be compatible with the proposed master plan. Due to the downstre.m effect of any increased flows from the proposed improvements, the City of Irvine should have ~he opportunity to review drainage proposals and mitigation measures at the tentative t~-ac~--map level. Due to downstream constrictions, an~proposed drainage improvements should include retention facilities such ~hat there is no increase in flows south of the I-§ Freeway. The drainage studies should include an analysis of the entire reach of Peters Canyon Wash and to include Santiago Creek downstream to the San Diego Freeway (I-405). The calculated discharges flowing into Peters Canyon Wash Channel (page.il3, Technical Appendices) did not take into consideration the time of concentration differences between the main channel flow and the side chan~el flows, therefore, side channel flows are understated. The Technical Appendices needs an exhibit showing the location of the facilities referenced (F07, F07P08, F0?P35, F07S04 and F07S02). The SIR should discuss =he proposed new Hydrology Manual being prepared by EMA. Ail drainage studies should be based on or revised when ~he new manual is approved. 3.6 The Jurisdictional land use map on page 83 shows land uses in City of Irvinets sphere of influence correctly. However, the discussion on page 88 omits the rural and estate density, and on page 93, omits the rural classification. (Planning Commission) Acreage, dwelling unit and population counts vary ~hroughout the report. o Total dwelling units for the existing general plan are listed as 6,700 (page 223) and 6,960 (page 11). O Approved allowable DU's for the East Tustin Residential- Project are listed as 1,218 (page 212) and as 1,050 (page 215 and 75). Population estimates for the project range from 19,053 (page 170) to 19,319 (page 215). current population of Tustin is listed approximately 9.,000 to high at 49,815 (page 109) (Plaru~ing Commission). The unlimited flexibility to transfer DU densities generates concern that the transporation system is inadequate. Shifting the dwelling units could have a significant impact on road design requirements (Planning Commission). 3.7 Relevant Plannin~ 3.8 3.9 The 208 Water Quality Program should be expanded to discuss local 208 program and Upper Newport Bay. A=ricultural Resources None Socioeconomic~ Page 118 of the EIR indicates ~hat the project proposal does not include specific provisions for the development of affordable housing. Page 120 lure_her states that the T~stin Housing Element includes an objective for t_he construction of 600 affordable units in East Tustin. Is this nu~er of units, representing less than 8% of the total units in t. he project area, an adequate supply of affordable ~/~its? Will the proposed emplo!rment opportunities in t. he project area create a demand for more affordable units? The specific plan includes 121 acre mixed uses area at the northwest corner of the Santa Aha Freeway and Myford Road. The EIR should describe in more detail the types of uses proposed for this area. 3.10 TransDortation/Circu%at%°~ Tustin General Pla~ versus Proposed East Tustin Specific Plan The circulation element of the General Plan analyzed in this report is incorrec~ because it includes an additional arterial between the Eastern Transportation Corridor (ETC) and Jamboree (Tustin) that is not in the circulation element of Tustin, Irvine, or the Orange County Master's Plan of Arterial Highways (MPAH)-. This would suggest tha~ the comparison being made is not valid. The assumption of the second arterial greatly distorts the true relationships between the two plans and minimizes the true impact of t_he proposed Specific Plan. Area of Analysis The analysis area should be extended eastward from the Tustin City line to and including Culver. This should include intersection analyses for the extended area to show impaots of the proposal on the circulation system in Irvine. Intersection Capacity Utilization ¢ICU1 Analysis The document uses 1.0 as a basis for ICU calculations rather than 0.9. However, 0.9 should be used as it is the accepted Orange County standard and it provides for ~he uncertainties in traffic forecasting. In addition, past observations of the ICU methodology used in this report have shown inconsistencies as compared to the generally accepted prec,:ice. Until specific intersection diagrams are provided, it is not possible to determine the extent of such concerns. Arterial Hiahwav Capacity Analysis As compared to the Tus=in General Plan Post-2000 ADT volumes, the Specific Plan ADT volumes put several arterial highways in Irvine over the capacity threshold. These include Pothole, Irvine Boulevard, and Bryan. Further analysis indicates a Level of Service (LOS) "E" has been used in the traffic analysis., This is a deviation from the residential standard for the City of Irvine planning which uses LOS-"D". It is suggested that the traffic analysis be modified to use LOS "D". The volumes projected on Red Hill and Myford at I-5 show these bo~hbeing over capacity even at LOS "E". Of t. he APT shown, the report has 41,000 of ~he Red Hill vehicles and 31,000 of the Myford vehicles generated by the analysis area. The V/C is .not a satisfactory service level for any of these five highways and requires luther mitigation. Trip GeDeration Rates There appears to be & major discrepancy between trip generation s,~mmaries as presented in Table 17 (page 127) and Tables II-4 and 5 (pages 237-8 of the Technical Appendices). When compared to data in the Technical Appendices, the General Plan ADT shown in Table 17 appears to be in error. Using the land use and trip generation data found in Appendix A, it is possible to replicate only Table II-5 and approximate Table II-4. Table II-4 contains apparent errors pertaining to the Residential - Medium/Low and Community Park entries. In addition, =he Auto Center rate is 50% of the rate used by Irvine and documented in the San Diego Traffic Generators Report. This difference accounts for roughly 7,500 ADT, or a 6% addition to traffic. City of Irvine Impact Analysis The ana-lysis for the impact on the City of Irvine does not show nor discuss the differences in volumes between the General Plan and the proposed Specific Plan although the same is provided for the City of Tustin. Irvine volumes should be included in Figure IV-1 and IV-2 of the Technical Appendices. Miti=ation ~easu~e~ The document lacks adequate mitigation measures to address capacity problems on Portola, Irvine Boulevard, Bryan, Myford, and Red Hill. This report indicates the East Tustin traffic share on t. he Myford/Jamboree Extension is 14%. Partial funding for this facility should also be included as a mitigation measure based on fair share allocation. Eastern TransPortation Corridor The placement of this facility is of great concern to the City of Irvine. The conceptual alignment of the ETC should be consistent with discussions underway between Tustin and Irvine. Specifically, the City is concerned that the plan under review would preclude alignments F-1 and G-1 and would reduce the likelihood of the ETC being the mutual city line. Bottleneck Study Due to the location of East Tustin within the Bottleneck Study area, provisions should be made so that the proposed Specific Plan does not preclude alternatives currently under review by the Orange County Transportation Commission. The report's assumption that the Bottleneck traffic'demands would be satisfied with an expanded I-S of 12 lanes is flawed since a 12 lane freeway at LOS of "E" reaches capacity at 240,000 vehicles per day, far less than the 284,000 vehicles shown in the report for POST-2000. Since the "Direct Connector" concept would transverse East Tustin, the proposed Specific Plan should address the need to reserve a potential corridor until the Bottleneck issue is resolved. The ssme concern is held for arterial alternatives through the same area (i.e., La Colina). Circulation System Phasin~ With a project of this scope, there is a need during interim stages of the project, to balance local land use with the circulation system. A mechanism which relates development phasing to a circulation improvement strategy would be an appropriate way to ensure such a balance. Alt. hough the 1990 time frame is used "for convenience", this horizon is only four years away and does not provide much insight to the circulation needs and impacts over the next 20 years. Other Comments o ADT Volume Maps - "Moulton should be labeled "Walnut" o Exhibit 36/Figure IV-10 - Does not include nor discuss Red Hill - "Moulton" should be labeled "Irvine Center Drive" - Location of volume on Myford above Irvine Center Drive is probably not correct. o There is a need to expand in greater detail the traffic study for ~he project to include analysis of ADT, Volume/Capacity, and intersection capacity utilization for the following points in time: 1. Existing conditions (APT, V/C, and ICU analysis). 2. Buildout of existing zoning (ADT, V/C, and ICU analysis). 3. Buildout existing zoning plus project (ADT, V/C, and ICU analysis). 4. Buildout of existing general plan (ADT and V/C analysis). 5. Buildout existing general plan (ADT and A/C analysis). ~ Diagrams and tables summarizing the V/C and ICU analysis should be included in the body of the EIR. Land use assumptions utilized for the traffic analysis should be based on the City of Irvine General Plan in the Irvine Planning Area, not on the Orange County General Plan (page 127-8). c The projec~ traffic could significantly impact existing residential areas in the City of Irvine. Exhibit 36 indicates that the project wiI1 contribute 15% of the traffic on Harvard Avenue, 13% on Bryan Avenue, 8% on Irvine Boulevard, 7% on Trabuoo Road, 4% on Culver Drive, and 4% on Walnut Avenue. However, the EIR does not address the impacts of this'traffic. o On Page 235 of the Technical. Appendix, Table 2-2, in the note at the bottom of the Table, a reference is made to District 3. Please identify what area i~ included in District 3. (Transportation Commission) o What happens if the Bryan, Por~ola Parkway, and Jamboree interchanges with the Easte=n Transportation Corridor do not occur? The traffic study should analyze the impact on the circulation system if these links are not included in the study. Also, the EIR needs to discuss the spacing and configuration of the~ interchanges necessary to accommodate those three roadways, as shown on Figure 4-2 of the Technical Traffic Study, interchanging with the Eastern Transportation Corridor. (Transportation Commission) o The Specific Plan should not foreclose any of the options currently under consideration as part of the Bottleneck Study. More specifically, the Specific Plan should make allowances for a direct connection from the Foothill Corridor to the existing freeway system at a location north of the Santa Aha FreewaY. (Transportation Commission) S .11 on page 19 of the,Summary under t~.e level of significance after mitigation ~D_~ have a significant regional air quality,, sho,.~ =- ~ .impact on consistant wi~h ---~-4~-=~J~-ue cnan~ed t0 ~ have to be page 246. -..~vv~u=u~m adverse Impacts .statements on 3.12 Acoustical Environment Th? EIR does not adequately address the impacts of ro ~olse on Irvine. Altho.._~ ....... adway indicate that some road~-~ ~e~9nlcal Appendix does zo ~9 xrv~ne were studied, key roadways adjacent to'residentlal areas, such as and Culver, were not studied. Harvard 3.13 Public Services and Utilitie~ Page 10 mentions ~hat the County's Master Plan for Regional Parks shows a regional park in the vicinity of Peters Canyon..There is no mention of this park in the Relevant Planning or Public Services and Facilities Sections. In addition, the DU density for the area should be adjusted accordingly. No mention is made of the Open Space corridor along Peters Canyon Wash. IRWD Master Plan projections reflect demand for current general plan which is less than specific plan. If this need is met here, where will %he shortage surface? The EIR does not adequately address the mitigation of the impact on t_he school system. Although the specific plan allocates acreage for.seven school sites, the more important aspect of financing these schools is left open as possible altern~tives with no in-de~t~ ~--~--: .... ,uause areas cz our cl=y s sphere of influence are in the TUSD and the students wo~ld be lmpacted by school facility shortages (Planning Co~zssion). Alternative 6.2, Existing General Plan, is summarily rejected, based on its creating an "unbalanced,, co--unity. The EIR goes on to s~ate, "...the public revenues/cost ratio associated with this alternative could wel~ be.negative.,, Where is the data supporting this ~onuept~on~ page 4 states that Stanley R. Hoffman ~socl~mes w_~s res~on~le for fiscal impact analysis and z~nanc~ng, where xs als report? Thers is a question of adequacy reIative to the cummulative ~mpact section given a recent cou~ decision (San Franciscans For Reasonable Growth vs. City/County of San Francisco). Analysis should include surrounding projects in Irvine and County which also impact this area and vice-versa. Section 1 of the EIR should summarize, allowable development (acres, sq. ft., GP/zoning and proposal for all uses. in tabular form, du's) existing 2. THE EIR, AS CIRCULATED, IS INCOMPLETE A very serious pr?blem with the completeness of the EIR relates_t~.the ~lsslon of the relevant documents for the propose= u~scre=~onary actions. The EIR states on page 1 that the EIR is intended to address the potential impacts of the following proposed discretionary actions: (1) General Plan Amendment, (2) Zone Change, (3) adoption of a Specific Plan, and (4) approval of a Development Agreement. However, none of these documen=s appear in the EIR or in the Technical Appendices, nor were they furnished or available as part of the review process. Section 15147 of the CEQA Guidelines states that while the EIR should summarize technical data, in this case the General Plan Amendments, Zone Changes, Specific Plan and Development Agreement, this information should be included in the technical appendix of the EIR thereby making it readily available for public examination. (Note: The draft EIR (10 copies) were received by the Environmental Services Section the afternoon of December 18, 1985. A single copy of the specific plan was received by the Current Planning Section on January 9, 1986.) 3. TH~ EIR IS INAPPROPRIATELY DESIGNATED AS A PROGRAM EIR. The designation of a program EIR for the Tustin Specific Plan, appears to be premature at this time as the ,, necessary supporting technical studies are not presently available. Consequently, any conclusions reached concerning the nature and magnitude of the impacts are highly speculative making the proposed mitigation measures of questionable value. Consequently, the validity of the document as a program EIR is in doubt. As stated on page 1 of the Draft EiR, the program EIR is intended to serve as t_he sole environmental document for the proposed SPecific Plan and all the individual projects which are undertaken pursuant to, and in conformance with, the proposed Specific Plan. No subsequent environmental documents are proposed for individual site and building development plans which conform'to the standards and guidelines contained in the proposed specific plan. Section 15146 of the CEQA Guidelines states that the level of specificity in the EIR should relate to the degree of specificity required for the underlying activity. With this EIR, it is the City of Tustin's intent to prepare no additional environmental documents during the implementation of the project. Given the lack of de~ailed analysis in the EIR, we feel that the use of the existing draft Program EIR is inappropriate. A list of technical studies in process or necessary for adequate evaluation of impacts is contained in Exhibit 1. Should the City of Tustin desire to continue development planning prior to completion of these studies, a tiered EIR would be more appropriate. This class of EIR would allow concept approval by requiring environmental review downstream after technical studies have been completed and detailed plans are available for analysis. EAST TUSTIN SPECIFIC PLAN Technical Studies in Process or Necessary for Impact Analysis .6. 7. 8. Flood Con~rol System Master Plan and Implementation Program Cities of Irvine and Tustin and the Irvine Company The Bottleneck Study (Impact of the termination of the Foothills Corridor at ~he Eastern Transporation Corridor) Eastern Transportation Corridor alignment Schedule of Development Program and Infrastructure installation Review and'evaluation of Historic District documentation relative to ~he Irvine Ranch Headquarters Geologic Study of the Modena Fault Dedication for Regional Park Biotic studies of the regional significance of the Riparian habitat. (1603. permit process} Streambed Alteration Agreement - State Department of Fish and Game) Archaeological Studies EXHIBIT 1 ~,ND A~owm~le A~ ~d .Use ~8ximum ~n~t~ Units flinty de~ o~y) X~'~ LOX SO M~umo~O~ty Ki~ti~ 6~ ~ty ~md~U~ 5 d~me rmm~y ~ ~y) ~amRy detaefled ~y) family d~a~ o~y) 2x9 31 ~ ~m~ Ommm~ f~Ry ~ ~Y) 10~ ~ 34~ 39 ~7 46 ~ity ~tIM 5 du/ae 405 ~ '-~--~ ~y ~t C~m~ ~ t, S40 121 ~ I Total, ILl, owe/Mi numMr of ~t. miRmd tmt~ wl~n a ~ ~ may ~ i~ 2 ~ ~ ~m ~mat~ti~ f~ ~ ~tt ~, ~ ~ ~ aM ~a~ in ~ ~ may ~ H~ev~, ~e totat s~ ~ ~t ~t in t~ s~ ~ ~t t~ i~ ~ into ~ti~ ~. .,~ts School Facilities Agreement is entered fats ss of January 27, 1986, by sad between ?he lrvine Company (71C) & Michigan corporation, sad the ?ustin Unified School District (?USD) & public unified school district. Recttals : ?IC proposes to develop property in the East Tustin s~ectfic Plan (E?SP) area shown as Exhibit A and within the ~urtsd~ctton of TUSDo ?USD and TIC desire to maintain the quality of school facilities throughout the ~IJSD. It is of mutual benefit to TIC and ?USD that the reputation of excellence in education and facilities continue, and that the E?SP area develop into a highly successful community for adults and children. C. TIC acknowledges that providing TUSD early information regarding the 'development is necessary to facilitate TUSD decision-making process. D. ?USD and TIC desire to establish a method of financing school .? facilities necessary to serve the student population generated by development. E. TIC and TUSD acknowledge and agree'that school facilities plan~ sad mitigation agreement or agreements are necessary and should be based upon sound demographic data, consideration of a number of financing options, studies of current facilities, and pro~ected development phasing. Agreement In consideration of the above premises and the following terms and conditions, TIC and TUSD agree a~' follows: A~reement to Provide Necessar~ Facilities TUSD and. TIC will provide for necessary school facilities in time to meet the demands created by the development as outlined herein. A~reement to Seek ?undtn~ TIC and TUSD acknowledge that at the current time state funding may not be available to fund school facilities when they are needed for pro~ected growth, however, all sources of revenue including state funding will be explored to fund the acquisition of land and facilities. Notwithstanding the present uncertainty regarding State funding, TUSD will pursue State funding. be TUSD and TIC will cooper&re in preparing &pplJcstions for grant funding from the State of California, TIC wtll~ at its cost retain consultants satisfactory to TUSD as necessary to assist with grant applications. TUSD will provide appropriate expertise from the educational perspective. Page c. TUSD and TIC agree to explore other sources of revenue to func the refurbishment of existing schools~ acquisition of land and construction of facilitSes if State funding is not available. Financial &lternatives including but not limited to lease-purchase agreements, Mall.oR.os community facilities districts, and builder fees shall be considered.: A~reement....to Prepare School Facilities Plan a. TUSD agrees to prepare a school facilities plan (School Facilities Plan or Plan) to house students generated by residential development which shall be an exhibit to the Mitigation Agreement, as that term is defined in Section 5a below~ or agreements as necessary. ?he Plan shall be based on assumptions of growth in existing schools as well as pro~ected growth in the ETSP area. The Plan shall also be based on the use of existing facilities as well as new facilities to house the student popul&tton generated by development. The School Facilities Plan shall consider those matters set forth on Exhibit S attached hereto. TUSD and ?lC will work together developing demographic and other data to be used for the development of the School Facilities Plan and grant applications. These data will include, but not be limited to, facility capacities, fiscal data concerning capital outlay, deferred maintenance and leasing programs. Co ?lC will provide to.?USD information on planned residential product types and related development phasing schedules for use by ?USD in preparing the School Facilities Plan and grant &ppltcattons. ?USD and ?lC agree to review the School Facilities Plan at least annually for the housing of students generated by the ETSP area development. After the School Facilities Plan has been developed, TUSD will consult with .TIC regarding the design of facilities financed by any assessment or fee. TIC shall have the opportuni.ty to revie~ and comment upon plans for such facilittes~ however, final design responsibility and decisions will rennin vtth TUSD. ?USD and TIC agree to the student generation rates set forth Jn Exhibit ¢ attached hereto as initial assumptions for school facility planning. TIC and TUSD agree to further refine stude~ generation rates to be used in development of the School Facilities Plan. TIC and TUSD acknowledge that certain assumptions may change due to unforseen circumstances. When this occurs the generation rates will be adjusted accordingly by TIC and ?USD. Regarding those facilities for which state funding is specifically sougt:t or developer financed, ?USD agrees to maintain complisnce ~tth the State building program in terms of srchJtectu&l guidelines, cost smd student loading factors. .? ~ge Three 9. In the development of the School Facilities Plan, TIC end TUSD agree to consider a mix of permanent, modular, and portable facilities as well as refurbishment of existing facilities vhtle maintaining existing TUSD standards of quality, to meet the student housing needs. : Reservation of sites &. TIC and TUSD agree that eight school sites shall be reserved in the ETSP as shown on Exhibit A. The number, location and size of school sites sufficient to meet the needs of the proposed student population shall be agreed upon in the Mitigation Agreement, or agreements ss necessary and reviewed annually. If TIC and TUSD mutually agree that any of the reserved sites are unnecessary as determined by the School Facilities Plan, such sites shall be released to TIC for disposition or use as determined by TIC. The Mitigation Agreement will also address the provision of additional sites if necessary. The method of acquiring school sites and facilities, including but not limited to leasing, lease purchases, or other public or private mechanisms will be agreed upon by TIC and TUSD in the Mitigation Agreement or agreements ss necessary° TIC and TUSD agree that if school facilities funded by TIE serve 'areas or students beyond the demands of the ETSP ares TIC shall receive credit for purposes of satisfying student housing requirements foe future TIC residential development. The metho6 of determining that credit will be estsblished in the' Mitigation Agreement or agreements as necessary. S. ~Jti~atJon A~re'ement TIC and TUSD will cooperate in the expeditious completion of a mitigation agreement which shall provide for housing of students generated by the ETSP area (Mitigation Agreement). Should this Mitigation Agreement not be completed prio£ to the first tentative tract map approvalt TUSD and TIC agree to cooperate in developing a ~epar&te mitigation sgreement covering the development which is the Sub~ect of the first tentative tract map which will satisfy the condition as outlined in 5c below. Should the Mitigation Agreement not cover all areas of the ETSP, TIC and TUSD will cooperate to develop subsequent mitigation agreements ss necessary. )age Four c, TIC and TUSD sgree that · condition be Included in the B?SP by the City of Tusttn that final residential maps shall not be approved by the City-until such tine es TUSD and TIC have entered into the necessary agreements to enable ?USD to obtain financing for the ·equtstton~ construction or use o! the necessary ·shoo! facilities to accommodate students generated by residential development of that map. TUSD agrees: that its &pprovnl wiX! not be unreasonably withheld, - TUiTIN UNIFIED SCHOOL DISTRICT Clerk. Board ~ January 27, 1986 Tttl~ B:I:R~BXT · · :d. r.'.: :_.. LAND USE PLAN ~ITY OF I'I~N Exhil:):J ~ B ~'he School F~ctlittes Plan will include but not be limited to the :.ollowJ ng: ~STP Area Schools - AssUmptions of student growth including new dwelling units, utilization of transportation programs,-student generation factors, projected increases Jn student popul&tion~ - School capacities, including permanent and temporary~ - Size of schoolsw square footage allowances - Construction costs per square foot and total construction cos~s~ - School facilities requtred~ - Estimated schedule for school construction. .f- Existing Schools Identification and evaluation of current facility utilization including existing and surplus schools! Identification and evaluat'lon of current facility capac~ty~ Identification and evaluation of existing conditions and needed improvements of current ~nd surplus school facilities~ Cost estimates to make i~provementa of existing facilities; projections of student growth or decltnej Identification of existing schools with potential for use by students generated by the new developmentj Identification and value of properties that are underutilized and could potentially provide capital resources. S~nSlo fm~y Detached · .so-·.ss o.o0-o, zs o.zs-o.~s · ..*·.so o.os-o.,o.os*o.:o O. lO-O.6O o.o~o.1:0.03-0.:0O. ltoO.72 UE~ ScboX my operoto ss · K-8 och~, iud b.ed upou tb ropr.en~.~ou k~ ~e l~ue ~8u7 iht onXy l,~0 dveXXXus m~to ~XI ko developed ruder tb SpecLf/c ff~u, tb totaX u~er of addLtL~aX ochooXo o~d be: : luce~td~atez 1 I~Sh Scboo~z I frou hrbr ·ud Covert for T~D Repor to the Planning Commission ITEM NO. 3 DATE: SUBdECT: APPLICANTS: LOCATIO#: ZONTNG: ENVIRONMENTAL STATUS: dANUARY 27, 1986 EAST THSTIN PLANNED COI~4UNZTY (TUSTZN RANCH) (Continued publtc heaMng from 1/13/86) DRAFT ENYZRONMENTAL ]]4PACT REPORT NO. 85-2 GENERAL PLAN N4ENOMENT 86-1A, B, C ZONE CHANGE 86-1 SPECTFTC PLAN NO. 8, EAST THSTXN SPECTFTC PLAN THE ZNV~NE COMPANY AND THE CZTY OF TUSTZN THE SUBJECT AREA TS BOUNDED BY THE SANTA ANA FREEWAY TO THE $Olfl];EXISTI#G RESIDENTIAL DEYELOPRENT IN THE CITY OF TUSTIN AND THE U#XNCORPORATED COPIqUNITXES OF LEMON HEIGHTS AND CO#AN HEIGHTS TO THE ia'ST;UNINCORPORATED LAND TO THE NORTH;AND UNINCORPORATED AREA lirrHlM THE SPHERE OF INFLUENCE LINE (MYFORD ROAD) FOR THE . CITY OF XNVZNE TO THE EAST. (PC) PLANNED COMPflJNrrY A DRAFT ENVIROBIENTAL IMPACT REPORT HAS BEEN PREPARED AND SUBMX~ITD FOR THIS PROdECT. REC0~IENDED ACTXON: Upon the closure of the public hearing, staff recommends the adoption of the following resolutions in order to allow the East Tustin Specific Plan to be considered by the City Council: 1. Resolution No. 2300, £IR 85-2 2. Resolution No. 2293, GPA 86-1a. 3. Resolution No. 2295, GPA, 86-1b. 4. Resolution No. 2296, GPA 86-1c. 5. Resolution No. 2299, ZC 86-1 6. Resolution No. 2297, Specific Plan No. 8 7. Resolution No. 2298, Specific Plan No. 8 BACKGROUND: The Planning Commission held 1ts first publlc heartng regarding the East Tusttn Specific Plan on January 13, 1986, at which time staff and consultants presented a comprehensive report on this plan. After this presentation, the public hearing was opened for public and Commission input. Since many speakers requested a response to their comment, staff and the consultant team have attempted to answer each of the inquiries and enclose tt as a part of this staff report. Planning Commfsston East Tustin page ~o DZSCUSSZON: Answers to vartous wrttten questions or fnqutrtes have been enclosed, and have been broken down to etther the draft Environmental [mpact Report or Spectftc Plan text. Responses were gtven to those questions that had sufficient detail or focus to'allow staff' to analyze and prepare a valid response. Comments dtrected to the draft £nvtronmentsl [mpact Report can still be sent to the city unttl January 3[, [986, at whtch potnt the revtow pertod wtll expire. Comments can sttll be expressed beyond thts deadline as a part of the Ctty Council public heartng process. Some Commissioners submitted comments regarding the content of the Specific Plan, wtth recommendations for change. Some of these comments have been incorporated tnto the draft resolutions for the Spectftc Plan with a recommendation to either tnclude or replace porttons of the Spectflc Plan. Additional comments wt11 be presented to the Commission as a part of staff's presentation at the January 27th meettng. The mechanism to finance public facilities and infrastructure in the East Tusttn plan w~11 be reviewed. Additionally, staff should have more tnformetton regarding the status of Racquet Htll Road, and some preliminary comments regarding phasing of improvements and ftscal balance. Severe1 comments presented by both the Commission and the public questioned the limitation and revtew processes of the Planned Community. Although covered tn the attachments, staff feels some regulatory portions should be covered In this staff report. These tnclude: 1. What limitations are imposed on the number of residential units: a) There ts a maxtmum cetitng of 7,950 units for the total East Tusttn area. Wtth the exception of untts transferred from Tentative Tract 12345, thts number ts an absolute maxtmum. b) There ts a maxtmum number of untts for each sector. c) Each land use dtstrtct sets a maxtmum number of dwelltng untts per acre. As shown on pages 2-23, 3-22, and 3-29, the maximum number of d~e111ng untts per acre ts estsbltshed. d) Units may be transferred from sector to sector tn keeping with Section 3.4.3. of the Spectftc Plan (pg. 3-11). Thts transfer does not tncrease the untt cap of 7,950 unfts, any transfer of units tnto a sector must be decreased tn another sector. Community Development Department Planntng Commission East Tusttn page three 2. Further regulatory aspects: Se a) b) c) Htllstde Otstrlct Guidelines, Spectal guidelines destgned to regulate development tn hillsides, tncludes preservation of rtdgeltnes, vegetation, dralnage, and land form. Sector Policies, each sector has establfshed poltctes related to spectftc requirements, such as vegetation (Eucalyptus .groves, Redwood grove), dratnage (Peters Canyon and E1Modena), golf course, etc. Section 3.0 establishes specific setback, hetght, denstty restrictions and allowable uses for residential district. Spectal restrictions apply to areas adjacent to extsttng residential. Htllstde areas, Sectors l, 2, 4, and 5 Htllstde areas located tn these sectors are 11mtted to Estate denstty, a maxJmum of t~o dwelling untts per gross acre. Although Sectton 3.0 may allow lots as small as 8,000 square feet, the denstty 11mtt cannot exceed thts 2 du maxtmum. There must be either.larger lota or common open space tn order to achteve the.density limitation. The 8,000 square foot lot allows flexlbtllty tn a htllstde situation, and cannot be used to allow a greater denstty than allowed. Revtew Process: Subsequent to thts Planned Community process, the Planntng Commission wtll be receJvtng development plans and subdivision maps at several separate stages unttl the bulldout'of the East Tustln area. These tnclude: a) Sector Processing, tntttal plans for an entire sector wtll be submitted to the Planntng Commission. Thts Includes: l) Intttal subdtvl, ston map for the enttre sector, which ts a discretionary 1rem by Commission. 2) Sector Plan; tncludes circulation, gradlng, drainage, geology, tratl destgn, and median and parkway landscape. A non-discretionary revtew by Commission. As part of the subdivision map, the Plannlng Commission must make a ftndtng that the map and sector plan are tn conformance wtth pollctes tn Sectton 2.0, and the means to Implement these poltctes has been fdenttfted. b) Oevelopmant Plan Processing Individual projects wtthtn a sector that has an approved sector plan and subdivision map. Thts Includes: May have another subdivision map to further dtvtde land use areas. Corn munity Development Department Planning Commt sston East Tustt n page four z) Could be a discretionary project, such as CUP for apartments, or the project could be non-discretionary, such as design review for a single family home project. Applicants must submit a site plan, elevations, signing, and landscape plans. The Planning Commission may ask for further information as deemed necessary. The program EIR requires that at each discretionary step (subdivision maps, CUP's) staff will examine the program to determine whether the action is covered in the EIR or additional environmental documents must be prepared. Senior Planner £K:.do attach: Answer sheets Resolutions Staff report Jan. 13, 1986 Community Development Department i J To-Comments of 1113186 Planning Commission Hearing EAST TUSTIN Job No. 3NI02.0~ I. Will this Specific Plen propo~i correct this existing imbalance of renter to owner availability? (F.C,,A.) It is expected that the Specific Plan will have significantly less renter units as a percentage than the existing city. Any apartments that are proposed within the Specific Plan are subject to a canditianal use permit and must be approved by the Planning Commission through a public hearing process which provides a vehicle through which the percentage of rental units can be controlled. How are residential land use acreages adjusted to allow for the actual community and public neighborhood park acreages that will be required? (Refer to page 2-12 in Specific Plan) (Kathy Weil) The acreage of community and neighborhood public parks will be determined when the tract maps are submitted for approval of each sector. If the actual number of units and their corresponding papulcrtian establish either more or less parkland is required from that which is shown on the Specific Plan, then this difference in acre- age will either be added to or taken away from the land use designation that immediately surrounds the park as shown on the Specific Plan Land Use Map. Such an adjustment in acreage' may result in an increase or decrease in units for that land use area, however, such a change will still have to correspond with the controls that are stipulated in the Specific Plan. The controls include.' (I) the distribution of the number of dwelling units permitted within a sector; (2) the maximum number of dwelling units permitted for the overall plan; and (3) the maximum density within a land use area. Changes. could include shifting locations or acreage of public neighborhood parks within the sector from one land use area to another or between sectors or the actual elimination of a public neighborhood park. Changes cannot include altering the locations that are shown for community parks on the Land Use Plan nor can such changes decrease individual parks below the minimum site size standards established in the city's park ordinance. 3. What are the policies regulating the sectors? (iRon White) There are a series of policies which apply to the various sectors within the Specific Plan. Develoment rhust be consistent with these policies. This consistency will be determined at all levels of review including Sector Plan Review/Initial Sector Sub- division Review, Commercial Sector Conceptual Site Plan Review, Development Project/Subdivision Map I~evJew, and Design Review. The specific policies are iden- tiffed for each sector within Section 2. I./~.3. The policies are intended to provide guidance for the development within each sector in order to assure that the devel- opment will be consistent with the individual sector characteristics as well as indi- vidual sector development objectives. The policies specifically deal with intensity of development compatibility with adjacent uses, development compatibility with the sector's natural physical characteristics, and specific sector processing require- ments. Policies for Sectors 1, 2, 6,, and 5 are also directly tied to the Hillside Dis- trict Guidelines in Section 2.13 which deal wi-th landform modification and natural feature protection within the hillside areas. The policies regarding density transfer are explained in the answer to Question ~'tS. What is the development package that will be provided to the Planning Commis- sian? (Ran White-c~d F.C.A.) Per the development regulations in Section 3.0 the Planning Commission is to review the Sector Plans, including plans for the Hillside District, Subdivision Maps with individual "Development Projects", Conceptual Site Plans for the Commercial areas, and general design proposals determined significant enough by Community Develop- ment Staff to warrant Planning Commission Review. Further, ali development projects shall be subject to Planning Commission review as either a nan-discretionary project if permitted by right in the specific land use area or discretionary project (public hearing) if subject to a conditional use permit. Plenning Delxaiment should not approve any incrense in dwelling units; all requests should come to the Plenning Commission and City Council. (John McCarthy) Transfers of dwelling units between sectors are not an increase in units or density. Sector unit maximums found in the Statistical Analysis are intended to be a means to account far all allowable units and to ensure that the maximum of 7,950 is not exceeded. Thus, the sector units are not a regulatory maximuml density categories within the sector serve that function. Each time a unit transfer is made, the Statis- tical Analysis will be revised to show how all 7~'~50 units are allocated to sectors. This system was deemed to be more useful than the practice of allocating a range of units to each sector. How does density transfer occur ~ how is it accounted far? (Ren White, Kathy Well, c~d F.C.A.) The Specific Plan stipulates a maximum number of dwelling units that can be devel- oped within each sector. If a sector is not developed to its maximum, than the dif- ference between the maximum number permitted and the actual number developed can be allocated to other sectors as credit for the loss. The amount of proposed transfers will be reviewed and determined when individual tentative subdivision maps or site plans are submitted far projects within each sector. If a transfer to a sector is proposed and if the transfer is 15 percent or less than the total units assigned to the sector! then such a transfer will be approved by the Director of Community Development. If the proposed transfer is greater than IS percent, then the transfer must be approved by the Planning Commission (see also ~'t5 above). All increases to be allowed must result in conformity with the criteria'established on pages 3-11 and 3-12, Section 3.6,.3, paragraph 3. Also, density transfers are res- tricted overall to the maximum 7,950 units allowed in the Specific Plan. The only way that the 7,950 units may be exceeded is by transferring units from Tentative Tract 1236,5 or by amending the Specific Plan. e All proposed unit transfers will be accounted for in a revision to the East Tustin Sta- tistical Analysis.' Upon approval of a unit transfer the Director of Community Development will amend the Statistical Analysis found on page 3-13 to reflect the new allocation of units to each sector caused by those transfers. Is the wording on Page 3-12 of the Specific Plan, paragraph 4 inaccurate? (Kathy Wall) Yes, the wording on page 3-12 of the Specific Plan, paragraph b, is inaccurate and should be changed to the following: "An,/ revision to increase the number of dwelling units by I$ percent or less in any sector shall be approved by the Director of Community Development." 8. What is meant by inclining ~ roads on page 2-20? (Kathy Well) Any access roads climbing slopes are to vary in gradient so as not to create a con- stant monotonous incline. What happens to develol~nent surrounding the geologic faults? As determined by the Alquist-Priolo Act, no structures will be permitted within $0- feet of the centerline of on active fault. As part of the Sector Review Process, a detailed geologic i'nvesfigation is required to determine fault activity and precise location. As detailed project development plans are proposed for each sector the land uses will be specifically sited relative to active faults. It is not anticipated that the active fault will have any impacts on density within the sector. I0. How do existing densities match proposed Specific Plan densities along the edge of the Specific Plan Area? (Ran White) Along the western edge of the project the existing densities vary. Between Bryan and Irvine the density is approximately b,.5 du/ac. Between Irvine and La Colina the density is approximately 3.32 du/ac; Between La Colina and Racquet Hill the density is approximately 2.77 du/ac, in the flatland and 1.25 to 1.5 du/ac, in the hillside. Between Racquet Hill and Foothill the density is approximately 1.85 du/ac. Between Foothill and Lower Lake Drive the density is I.b,7 du/ac. (This does not include one large lot just south of Lower Lake Drive which has a density of .23 alu/ac.). From Lower Lake north the density is approximately I.b,0 du/ac. I I. How ~'e proposed 8~(~0 square feet (.5 du/ac.) lots compatible with the ~a'ea adjacent fo Red Hill Ridge where lots ~e 23,000 square feet.(2 du/ac.). The Red Hill Ridge Area with a density of two du/ac, has larger lot sizes because it is part of the hillside' area. It is ed]acent to and overlooks existing residential lots in the flatland area along Browning where the density is higher and the lots are smaller. Sector 8 is also in the flatland area. The development proposed for this area is compatible with the existing flatland development as it includes only Single Family Detached (SFD) units with similar setback restrictions and height limitations. 12. There is reference to noise abatement procedures applying to all residential proper- ties an page 3-3~, paragraph 3.TJI-D. Isn't this a typo that should c{mmu~e residential to commercial? (KathyWeil) Yes -- the text should be changed to read commercial not residential. Unlike the existing General PIm, there is no maximum density for gross project acres as m absolute ceiling. The~ofore, whut ore the maximum ceilings or limita- ti(ms on density proposed far the plan? (F.C.A.) The proposed Specific Plan has the following limitations which affect density: a. It establishes a total ceiling of 7,950 units; b. It distributes the number of units within each sector; c. It establishes specific residential density maximums for each land use area throughout the plan; d. It establishes specific development policies for the various sectors and specific development standards and controls for each land use type in order to assure that development is compatible with existing adjacent uses and is compatible internally within the plan area. The combination of the above provides for a much greater level of control than is provided by the existing Ceneral Plan. To insure that the plan goals and objectives are achieved. I~. Why is there no number designation far the table an page 3-2~?. (Kathy Well) 15. None of the tables in Section 3.0 have numeric designations as they are considered part of the text of the regulations. Why was the number of allowable housing units raised from 8,000 to ~,000 dwelling unit? . The increase of units is part of the balance achieved by the proposed plan in meeting a wide variety of public and private goals. For exc,-nple, the proposed units ensure that the costs of major public improvements, such as roads, a freeway interchange, flood control channels, etc., can be reasonably bom by the new development. In most cases, such major infrastructure is needed regardless of the number of units built in East Tusfin and serves larger regional needs in addition to local needs. The proposed units also help to make new open space, such as the golf course, possible. Why, if you multiply each the total aer_,~__~ of residential category by its gross density do the total number of units in,the plan add to I 1,517. whereas the maximum ceiling is supposed to be 7,950? (John McCarthy) The maximum allowable units the Specific Plan will be permitted 'to generate is 7,D50. The density categories ore designated by a maximum number of units. The proposed development projects can generate a number of units less than or equal t° that maximum. Because there is a ceiling on the number of units for the whale site area, we established an average density for each category, enabling, the plan to encompass the maximum allowable 7,950 units. When this density average was determined, we used it to establish the distribution of units among sectors, which totals 7~g50 units. The proposed project cannot exceed the density category maxi- mum nor can the total number of projects proposed for each sector exceed the total number of units allowed for that sector unless a density transfer occurs os described in the Specific Plan. 17. Where is Table 2.5? (J. McCcrthy) This is a typographical error, it should be referred to os Table 2.fl,. There is no Table 2-$° 18. If density transfers between sectors are proposed in the (k, velopm~nt review process whys in all cases, are they not subject to review by the Planning C~mmission? (J. McO'.'tby) A transfer, if less than J5 percent above the designation in any sector was proposed, would not signicantly alter the basic character of development nor would it alter the basic infrastructure requirements far any sector. Therefore, it is proposed that increases of less than 15 percent would be approved by the Director of Community Development, so long as the increases met the criteria established on pages 3-11 and 3-12, Section 3.~.3, paragraph 3a, b, and c. 19. In the estate area why is the ~vernge lot size stated es lO,000 SClu~re feet when at 2 d.u./om lots should be I/2-acre or 21,780 squ~re feet? (John McCcrthy) Overall gross density of two dwelling units per acre does equate to 21,780 square foot per unit. Gross density consists of several factors such as local streets, flood control devices, parks and open space elements, slopes, trails, and other permitted uses. Net residential lot area excludes these elements, therefore the net lot size will be less than 21,780 square foot. The 10,000 square foot average lot size established for the 'estate areas is a minimum average size. Due to hillside slope areas, variation in terrain and preservation of natural features the sizes of the lots will vary. There mo,/ be lots os Iow as 8,000 square feet and lots that are greater than I/2-ocre in size due to these various factors. The minimum average 10,000 net square footage is established os an overall average control for the estate density areas. · 20. If an inareese is ~roved in the ~llowoble number of units in one sec'tar, then a like decreese will be required from onothe~ sector to conform to the maximum allowable units of 7,950 es stated on page 7. (John McArthy) Yes. This would be accomplished by the method of density transfer described in Sections 2. I and 3./~.3 of the Specific Plan. 21. In the Specific Plan why are there discrepancies far the total project ~creage between the Specific Plan ~d EIR? (F.C.A.) The discrepancies regarding site acreage are a result of changing data. These ~imJres are close aooroximations. The site is currently comprised of approximately 1"~7=~0 acres. The Ph' 'ase I Area consists of approximately 170 acres and the Myford interchange is planned to cover approximately 20-acres. Together this totals approximately 1,930-acres that were annexed to the City. The I,~88-acres addressed on page 83 of the Ella:, is a figure from a 2-I/2 year old study; the new figures are more accurate. The 1,820-ocres addressed on page I of the Specific Plan is a typographical error, it should read as I,T6,0-acres. 3e Given the flexibility to change Sector bounclories, density tromfer unknowns, the Browning CO~Tidor stipulation, the unknown size ~ location for the regiorml p~k, and others, then why aren't all sector plans subject fo review by the Planning darn- mission? (F.C.A.) All Sector plans are subject to review by the Planning Commission as established on pages 3-15 and 3-16, Section 3.5, paragraph C~ "Sector Plan Processing." Any changes in boundaries ar other changes are all subject to the controls and limitations that have been established for the sectors under sector policies in Section 2.0 and Development Standards in Section 3.0 of the Specific Plan, and all changes found must be found consistent with those policies and standards. When specific sector site plans are proposed with permanent sector boundaries why aren't the maximum d~elling units for the sector established at th~ time? (F.C.~.) Sectors are bounded by fixed property lines established by the Specific Plan area boundary~ arterial roads and defineable physical features of the land. Adjustments to those boundaries would occur through specific detailed alignments of the arterial roads. These adjustments would be minor in nature. Such adjustments will not affect the maximum number of units allowed in the Sector, the Sector Land Use Area Densities, Sector Policies nor the Development Standards. 2~. Why haven't church sites been provided for in this plan? (M. Brooks And I. Trocy) The Specific Plan Regulations allow churches to-occur in all of the residential land use areas os well as in the neighborhood and general commercial land use areas sub- ject to a conditional use peri,it. Zoning of property typically and appropriately plans far locations of broader categories of land use such as residential, commercial and industrial. Zoning does not typically regulate site specific locations for the variety of the many types of uses that might occur within the city. Individual uses are normally identified as specific uses w. hich are permitted within certain zoning categories, or in the case of East Tustin Specific Plan, a land use area. Individual uses such as church organizations normally find locations and acquire sites based on their own individual needs and requirements such as number of facilities, size, Ioca- tional preference and cost of land. To predetermine and regulate specific sites for all of this individual uses that may occur within the plan would not be practical nor will it guarantee that the individual needs and requirements of these organizations will be met. An important consideration in planning for these uses is to provide the broadest possible opportunity for them to occur and not to specifically regulate their size and location. This opportunity has been provided in the East Tustin Specific Plan by allowing chu.rches to occur within almost all of the land use areas. Irvine anti Orange developments should pay for circulation improvements in Tustin which benefit them, e.g. N-S crtoriai. (John McCcrthy) New developments in East Tustin, as well os major new developments in most other cities~ fund roads to serve their traffic. In addition~ they fund a part of the regional circulation system which provide traffic capacity to residents from other cities. However~ there is no exact accounting system to balance the contribution to the regional system amang cities. In the case of the N-S arterial~ it is anticipoted that Tustin~ Orange and Irvine development will all contribute to construction. For that portion abuting the Irvine- Tustin boundary, the costs will be shored equally. In the canyon portion of Tustin, Irvine will have no direct access to the N-S arterial. Orange development will con- struct the entire roadway through its area. Ple~s for noise ullenuat|en of units located within the Browning Corridor should be required in the Specific PIm. (Kathy Well) Noise levels in the Browning Corridor do not exceed the City of Tustin noise ordinance ar any established noise standards. BD 2/I ~n3~. EAST TUSTIN RJ~PONSES TO COMMENT~ L On Psge 117 of the .RFR the phase li of the ]~ft Ttmtin development of 1,050 homes appears not to be considered in the oversll i'~m~. (John J. MeC. urthy) It is sssumed that this comment is referrin~ to Phase I of the ~t Tustin development area which consists of 1,050 dwellir~ units and was processed as a seperate project in 1985. The population and housin~ figures for the Phase I development are not included with the discussion on Da~e .117 of the P4~t Tustin Specific Plan FIR because this section pertains only to the Specific Plan. However, the population and housin~ characteristics of Phase I are ineluded in Section 4.0, nCumulative Impacts,~ of the FIR. development under the eol~idoe is sufficiently protected? Are the noise level reedinp "cue event" or cum,n-rive? How high above the ground will the The City of Tustin currently does not require aircraft noise levels to be tested after Development under the eo~idor is considered to be sufficiently protected when indoor noise levels do not exceed 45 CNF. L and outdoor noise levels do not exceed 65 CNEL (These standards are consistent with the noise guidelines of the Marine Corps Air Station, Department of Aeronautics, and Federal Aviation Adminisi~ation.) As discussed on pa~e 154 of the FIR, the East Tustin area is definitely outside the 65 CNBL impact are for helieopter operations. The helicopter noise levels delineated within the East Tustin Specific Plan reflect cumulative noise levels based on the daily average number of flights. The guidelines of the Air Installation Compatible Use Zone Study (AICUZ) indicates that outbound aircrafts are to maintain a minimum altitude of 2,000 feet above sea level and the inbound aircrafts maintain a minimum altitude of 2,500 feet above sea level. However, under speeiel circumstances such as heavy f~ or heavy ~ain, inbound aircrafts may be permitted to reduea their elevations to 1,500 feet above Elevations within the study area farce from approximately 715 feet above sea level in the northeast corner to 75 feet above sea level where the El Modena Channel ornssas under the Santa Ana Freeway. Therefore, outbound helicopters would be permitted to fly approximately 1,285 to 1,925 feet above the project site depending on the topography while inbound aircrafts would be permitted to fly approximately 1,785 to 2,425 feet above the project area. B~tus~ ti2 ET3P project ~ place further bur~ o~ existi~ ~ faefliti~ (p~g~ 16~), ~itig~tim m~ should be requir~ (FAC) The additional use of existing library facilities does not necessarily constitute a si~mifieant impact. The County of Orange is responsible for library facilities and services within the City of Tustin, and was provided copies of the Draft FIR for the projeet. The discussion of library impacts has been or will be reviewed by the County and specific mitigation measures may be recommended as appropriate. Inadequate compliance with CICA GuicU,-~lnes to furnish the public and offie~]-~ with complete doeumentatic~ Over 80 copies of the ElR and technical appendices were distributed to a~eneies, local officials and the ~eneral public durin~ the week of December 18, 1985. This distribution included forwerdin~ copies of the m~t and appendices to loeel homeowners associations, via certified mail Also, copies were forwarded to local libraries and are available for public review. Similarly, eopies are available for public review at Tustin City Hall. Additional copies of the EIB and appendices were forwarded to local libraries on January 14, 1986 to further facilitate public review. CBQA does no__~.t ~luire that doeumantation associated with an EIB (i.e., a specif, ie plRa) be circulated elon~ with the ~ durin~ the public review period. However, copies of the East Tnstin Specific Plan were made available for public review at Tustin City Hsll~ and were forwarded to local officials, at the time of the Draft EIB distribution. Se How does the fact that drainage/flooding mitigafiom will not be ~ unta4 later in the epp~oval ~ affect the l~a]~ty and t~lity o~ ~ 1/!~? The pro,am ~TR for the East Tustin Specific Plan provides mitigation measures based on the level of project planning eurrentiy being considered. The mitigation measure on page 52 of the EIR acknowledges that at future more preeise levels of p~qning, detailed hydrology/draina~ studies will be prepared and will serve to mitigate the potential for flooding hazards. The mitigation measure in the program ~TR is not intended to prealude the project from future environmental review to ensure that such studies and accompanying mitigation does occur, (See response to comment No. 9--). This approach is in accordance with the letter and intent of CEQA. As stated in Section 3.13.2 of the DEIR, development in the I~111.qide District shall be subject to the guidelines of the 1976 Fire Protection Planning Task Force Report. This report provides for several measures for fire protection landscape treatments at open space/urban development interface areas. Would increasing the watee supply 'to the onsite fr~s~hwatee marsh present a l~atar potaatial fcc health and safety ha--n-ds than eme~ntly es/sts? (Kathy Such potential health and safety hazards as well as measures to mitigate such potential hazards are issues which would be assessed in detail at more precise levels of project planning. imuffleieat specific de~n ~) be a Specific ~1.n_ Theeefoee ina~ropriate desigaatim as a 1' r.m with no ,,tNwqueat vub]Je review. IBob ] reak) The level of det~f] required for a speeifie plan is at the discretion of the affected jurisdietion. A specific plan serves as a guide for development, and is intended to provide for the systematic implemention of general plan policies. A program evaluates the overall impacts of a series of interrelated actions which Comprise a "project", as in the case of a specific plan (see additional discussion below). As such it is appropriate to catagorize the East Tustin Specific Plan EIR as a program EIR. The Bsst TUstin Specific PlAn ~ is a Prcqram ~ defined on p~e 1 ss ~ntel~ded to serve ss the sole e~vh, munental doemnent for the propesed specific L~-n_ No onvironmontal impart report or negative declaration need be filed [au~mnt to Division 13 fee any s~bsequent individual site and bufldi~ [x.c~xx~t si~eeifle pzA,,_,, C~or~i~, ]~'tmme~t~l qe~lit7 Act (C~,q~ Gu~delinss require a minimum of 45 da~ review. The PCA respectfully requests that this [cN~riod be extended a minimum of 90 days from today snd that additiomll sets of the three volumes be made available at the public librer~ ss a real otgpcrtmfity for review and eommont. Section 15165 of the Guidelines also states that: There individual projects are, or a phased project is, to be undertaken and where the total undertaking comprise a project with a significant environmental effect, the Lead Agency sbA]l pr.epare a single program ~ for the ultimate project as described in Section 15168. As noted in section 1516'8 of the CEQA Guidelines, a program EIR is an El~t which may be prepared in a series of actions that can be characterized as one la~e project and are related either: geographically; es logical parts in the chain of contemplated actions; in connection with issuance of rules regulations, plans, or other general criteria to govern the conduct of a continuing program; or as individual activities carried out under the same authority end having generally similar environmental effects which can be mitigated in similar ways. Although a p~o~ram BI11 may be appropriate for projects meeting only one of the criteria noted above, the "project" as addressed in the East Tustin S~ecific Plan Ell1 basically reflects all of the criteria. The advants~e of a pro,ram BI~, as described in the Guidelines, is that is allows a more comprehensive analysis of the Overall impacts aasoeiated with a series of actions than would otherwise not occur with individeual F_~s for eaeh project action. A pro, ram EIR does not, however, preclude subsequent individual activities within a project from the requirement for additional environmental analysis, if appropriate. As speeifieR]ly stated in Section 15168(e) of the GuideHnesl nSubsequent antivtties in the program must be examined in light of the program to determine whether an additional environmental document must be prepared. If a later activity would have effects that were not examined in the program 1=.1'R, a new Initial Study would need to be prepared leading to either and ~IR or a Negative Declaration.' As such, CEQA specifically provides for additional environmental analysis and subsequent puiblie review following a program EIR, if and as appropriate. CEQA Guidelines stipulate a minimum 30 days review period for all Rll~s, a minimum 45 day review period for projects involving state agencies and a maximum review period of 90 days for alt P~IRs. The length of the review period, aside from meeting minimum requirements, is at the discretion of the lead agency. The City of Tustin the lead agency for the East Tustin Specific Plan project and considers a 45 day review period to be appropriate for the subject EIR. Additional copies of the and appendices were forwarded to local libraries on January 14, 19863 and additional copies have been provided to interested parties, including local' homeowners associations. It should be noted that this additional distribution fonows the extensive original distribution which occurred in December 1985 (see response to comment no. 4). 10. The 1tm reflects ineomlisteneies and subje~ti~it~ i~.~peogriate foe a research doeumenL Example: Air qualit7 ~ma~ have a significant im~et Oil eeg~ollal qualit~ (l~ge 19) but it is also stated of Air ~/vality, ~ojeet implemeatatica ~ ~mllt in the gemeatice of air poll~nt~..that ~11 eoutribute to the ellmnl~tive degra~tioll of the ambieat air quality~ (page 246). Seeond example: It is stated that ETSP is aestheti~ny eomistent ~with existing and planned reminding land usea,~ but fee the ~me City of lrvine Gene~l Plan ~ea it ~vld be hilly sgeeulative~ (page ~12) to try to nssees eam,~]m~ive impacts. Neve~dml~e% the transpcetatica data lndieates a 50 ~ increase in poplxlatiea 89d TO pelq~slt inefealse ill teaffie volume with this Gene~l PIRn develepmeat Just east of the ETSP Peojeet~ (~CA) With respect to the first example, it is hereby noted that the subject statement on page 19 of the DEIR is incorrect, and should reflect the fart that the project will have a significant impact on regional air quality. Regarding the second point, the discussion of cumulative impacts on aesthetic resources which occurs on page 220 of the DEIR refers to the faet that development of the project site and surrounding areas will change the visual character from open space to urban uses. This change in land use and aeeompanying change in visual/aesthetic character is anticipated in the existing local general plans, and is therefore not eousidared to be significant. The statement on page 212 of the refers to the speculative nature of attempting to identify speeifie uses east of the project, at a similar level of deatfl to the projects listed in Table 40. The two subject disc~_J~ions (page 212 and page 220) deal with completely different leveis of analysis, are not analogous. Part of the intent of the cumulative impacts analysis is to quantify impacts to the extent possible. Such quantification can be provided for projects with some delineation of the specific nature and extent of uses, as in the case of the projects identified in Table 40. Although the general nature of uses east of the project site is known, a clear understanding of the actual uses to occur would be very difficult at this time, especially considering that this area will not even begin development for several years. For this reason~ it was considered that a eum~_qative assessment would be speeulative. As for the traffic and population data which is cited for the area east of the project site, this data is based on city and county regional projeetions and may not actually be specific to the subject area. 11. The approved -nowable dwellings fee the ]bmr Tustin Residential Project are listed as 1218 (p. 9.12) and as 1050 (p. 215 and 75). WTdeh flguro was used fee eum-lAtive impact study? Gelleeated pO~fl~tiOll f"lgtte~ fOl~ the project range from 19,05a (p. 170) to 19,319 (p. 215) and current population of Tustin at 49,815 (p. 109) is listed 9,000 too high. (la'AC) The delineation of 1218 units for the East Tustin Residential Project as shown on page 212 is a typographical error. The correct number is 1050 units, which was utilized in the cumulative impacts analysis. The population figure at 19~319 on page 215 is based on an average population density of 2.43 as indicated by the City Planning Department. The population figure of 19,053 on pa~e 170 is based on population factors delineaqted in the City~ park ordinance which are specific to housin~ density categories (also shown on page 170). The population factor of 49,815 as shown on page 109 is a typographical error and the correct number is 40,815. RESPONSE TO COMMENTS EAST TUSTIN HOMEOWNER ASSOCIATIONS All development should have mandatory membership in a homeowner's association. (Kathy Weil) It is anticipated that many of the residential developments will have homeowner associations as needed for maintenance of common landscaped, open space, or recreational areas. Membership will be mandatory for those residents living in developments with homeowner associations. PRIVATE STREETS Do the private street standards eliminate guest parking? (Kathy Well) Parking requirements are determined according to the district {i.e., low, medium-low, etc.) and will not be affected by private or public street designation. If private street standards eliminate required parking, it will need to be provided elsewhere in the development. PARKING REQUIREMENTS A two-bedroom apartment should have two spaces required. (Kathy Weil) The Specific Plan requirement of 1.8 spaces, plus .25 guest spaces, for a two-bedroom apartment is consistent with the Phase I - Residential. Adequacy of parking is as much a function of good site planning as it is of the number of spaces. All multiple family developments in East Tustin will require a conditional use permit as part of the approval p~ocess. The planning commission will have an opportunity to evaluate the parking solution for each development at that time. - 2 - GOLF COURSE How does the plan assure that the golf course will remain open to the public? (Kathy Weil) The Specific Plan states on Page 2 - 37 that the golf course will be privately owned and managed but be open to the public. As.a privately owned and managed course, it is not a municipal course and thus the liability will not be the city's. SET-BACKS The medium density attached residential front set-back should be modified to be consistent with the Phase I Residential standards. {Kathy Well) The medium density front set-back standards are consistent with or greater than the Phase I Residential standards. DEFINITIONS How is lot width defined if there is no garage in front? (Kathy Well) The definition as written applies to cul-de-sac or unevenly shaped lots. The intent is to assure that there is an acceptable width at that point where a structure is built. It is recoi,,,,ended that the definition of lot width be modified to read: "The width at the front of the lot measured at the set-back of the building." FIRE HAZARD GUIDELINES Change "fire retardant" to "'fire resistant" and add after class "A" minimum~ "as rated by the Underwriter's Lab~ Chicago~ IL." (Kathy Well} It is recommended that the above change be made as suggested. MCE:wb 1/22/86 EAST TUSTIN SPECIFIC PLAN Response to written commen~s, 1/22/86 SOURCE: SUBJECT: RESPONSE: SOURCE: SUBJECTS: RESPONSES: SOURCE: SUBJECT: RESPONSE: SOURCE: SUBJECT: RESPONSE: Tustin Gold Key Association Letter, Jan. 10, 1986 Bryan Avenue The East Tustin Specific Plan does not propose any change to Bryan Avenue. FCA, comment #4 North-south route, La Co]ina, ADT, construction traffic - The north-south route is already on Arterial Highway Plans and no change is proposed. - La Colina extends beyond Browning in the City of Tustin Arterial Highway Plan. - The 122,977 ADT.for the east Tustin area under the General Plan is correct and a check is being made on the portion of this in the East Tustin Specific Plan area (the Auto Center and Residential Phase I need to be deducted from the 122,977 ADT). - At the subdivision level, an access plan for construction traffic is approved by the City Engineer. FCA, comment #8 Western Connections This is a County issue, and apart from Racquet Hill, the connections are included so as to be in conformance with City or County arterial highway plans. Ron White East/West Road Connections Benefits of these roads can be summarized as follows: 1. Goods and services available in East Tustin can be more easily accessed by adjacent residential areas. 2. Fire access to parts of east Tustin will be from the adjacent area o 3. Neighborhood continuity provides more flexibility for the school district. 4. Traffic is diverted from other streets such as Newport Avenue, Red Hill, Browning, and Irvine Blvd. EAST TUSTIN SPECIFIC PLAN Response to written comments, 1/22/86 Page Two SOURCE: SUBJECT: RESPONSE: SOURCE: SUBJECT: RESPONSE: FCA Lack of Compliance with MPAH Plan does comply with City and County Arterial Highway Plans. Inclusion of collector roads such as Racquet Hill connection does not imply non-conformance, since collector roads are not normally included on the MPAH. FCA ETC Alignment The generalized conceptual alignment shown in the traffic study con£o~rns with the current MPAH as modified by the Memorandum of Understanding between the Cities of Tustin and Irvine. If the eventual corridor alignment differs sign/ficantly from this, it will not affect the East Tustin Specific Plan. EAST'TUSTINISPECIFIC PLAN RESPONSE TO ISSUES AND QUESTIONS JANUARY 21, 1986 The following are responses to questions generated by the Tustin Planning Commission as outlined in the attached letter dated January 17, 1986. Will all construction in the East Tustin Development be on City sewers? (John J. McCarthy/. The development area will ultimately be served by a gravity sewerage system, however, interim use of leach fields and septic tanks may be considered in estate areas to a limited extent until trunk facilities are extended into the northern portions of the development area. Development within the East Tustin Specific Plan Area is currently master planned to be served by wastewater facilities provided by Irvine Ranch Water District. Will the ultimate flood control improvements take care of a lO0-year frequency flood? (Kathy Weil1 Regional flood control facilities, those owned and operated by the Orange County Flood Control District including the E1Modena Channel, will be designed to convey the discharge from a lO0-year storm. Local facilities, those facilities operated by the City of Tustin which typically are found on the interior of the residential subdivisions, will be designed to carry discharges from lO-year and 25-year storms depending on their location in the watershed. This level of flood protection is typical of that required of developments throughout Orange County. Does the Orange County Flood Control District have money for upstream improvements? (John J. McCarthy) The Orange County Flood Control District has currently allocated funds for the design of a portion of the E1 Modena-Irvine Channel from Bryan Avenue to the Redhill-La Colima Channel during the calendar year 1986. These efforts will also include design of the Redhill Channel (Fl3) and La Colima-Redhill Channel (F07SO1) from the E1 Modena Channel to Irvine Boulevard. No funds are currently allocated for construction of these facilities. When will the box culvert crossin9 of Bryan Avenue be constructed? (John J. McCarthyI The construction of the box culvert bridge crossing of Bryan Avenue will commence upon completion of th~ bypass channel and tie-in facilities, which is scheduled for mid-February, 1986. It is anticipated that the bridge will take approximately two to three months to construct. BELLE~CK CO~IUNITY ASSOCIATION Poet Office Box 861 Tustin, California 92681 Ms.'Kathy Well Chairman City of Tustin Planning Commission City Center 300 Centennial Way Tustin, California 92680 December 24, 1985 Dear Commissioner Weil; On behalf of the Board of Governors of the Be'llewick Community Association, I wish to inform you of our Board's approval and support of the Proposed Land Use Plan of the East Tustin Specific Plan. Our support of the Plan derives in large part from the interest, cooperation, and flexibility exhibited by the Irvine Company. As originally presented, there were several items in the Plan'(especially those relating to housing densities), with which members of our 80 home community took exception. Representatives of the Irvine Company met several times with representatives from our community, listened to their comments and suggestions, and were flexible enough to modify the Plan to accommodate their concerns. The coop- eration of the Irvine Company with our and other involved homeowners associa- tions has resulted in a land use plan which exhibits an orderly, attractive, and functional development which is, at the same time, comparable with the existing residential areas which it borders. It is inevitable that the East Tustin area will be developed. We are pleased that the Irvine Company has listened to our requests, and has acted in a conscientious and cooperative manner to insure the comparability of the East Tustin development with the existing neighborhoods and co~amunity. Sincerely, Gerald Feldman Chairman, Board of Governors Bellewick Community Association cc: Members of Tustin City Council Members of Tustin Planning Commission Chairman, The Irvine Company Repor the Plannin Commission ITEM NO. 5 DATE: SUBdECT: APPLICANTS: LOCATION: ZONINg:' ENYIRONIqENTAL STATUS: ~ANUARY 13, 1986 EAST TUSTIN PLANNED COFBtUNI"TY (TUSTZN RANCH) DRAFT ENYIROIO4ENTAL IHPACT REPORT HO. 85-2 GENERAL PLAN AI4ENOf4ENT 86-1A, B, C ZONE CflANGE 86-1 SPECIFIC PLAN NO. 8, EAST THSTIN SPECIFIC PLAN THE IRYZNE COHPANY AND THE CITY OF TUSTTN THE SUBdECT AREA TS BOUNDED BY THE SANTA ANA FREEt~AY TO THE SOUTH;EXISTING RESIDENTIAL DEYELOPHERT ZN THE CITY OF' TUSTIN AND THE UNINCORPORATED COI~UNITTES OF L.DION HEIGHTS AND CO#AN HEZGHTS TO THE NEST;UNINCORPORATED LJUID TO THE NORTH;AND UNINCORPORATED AREA I~ITHZN THE SPHERE OF TNFLUENCE LINE (RYFORD .ROAD) FOR THE :crrY OF' IRYINE TO THE EAST. (PC) PLANNED (:OlmU#ITY A DRAFT ENYIRONI~NTAL II, PACT REPORT HAS BEEN PREPARED AND SUBI4TI'rED FOR THIS PRO~IECT. RECOIIqENDED ACTION: Staff recommends the folio~tng acttons: 1. Accept staff report presentation. 2. Accept project manager and consuTtant presentation. 3. Conduct the publtc heartng and receive publtc testimony. 4. Conttnue the subject applications ~o the Commission's next meettng on January 27, 1986, thereby allo~tng s~aff and project consultants adequate ttme to research and answer questions ratsed by the CommJsston and community. BACKGROUND: The area known as. East Tusttn geographically located east of Bro~ntng Avenue and north of I-5 was annexed to the ctty In the late 1970's. The property ts o~ned by The'[trine Company and whtle annexed under agricultural preserve status was originally planned and zoned to be developed for restdentJal and support commercial, publlc and servtce factlttles. ~'~Planntng Commission East Tusttn page ~o Since the agricultural preserve status on the majority of property expired in lg84 and January, 1986, the property owner has requested permission to commence development. Responding to The Irvine Company request, it is the city's intention that East Tusttn be planned from its inception and not permitted to develop in a piecemeal unplanned fashion. To implement this policy, a public-private partnership was formed by estebllshment of a Steering Committee to direct preparation of the East Tusttn plan. The East Tustin Steering Committee was formed in March lg83 and originally comprised of the following members: Don Saltarellt, Councilman; Richard Edgar, Councilman; Jim Sharp, Planning Comndsst6n Chairman; Bill Huston, City Manager; Don Lamm, Director of Community Development; Montca ;lortan, Vice President, The Irvine Co.any; Rick Cermack, Director, The Irvtne Company; and, Coralee Newman, Manager, The 1trine Company. The Steering Committee retained a consultant team under direction of Larry Webb, J.L. Webb Planning, project manager, and monitored ongoing preparation of the land plan and support documents. The city Community Development staff provided a secondary overview of the consultant team and (mplemented Steering Committee direction. After 2-1/2 years of preparation, a concept land use plan was brought forth to the public in a "Town Hall Meeting" on March 27, 19B5. Responding where possible to community concerns, the land use plan has been modified over that viewed at the Town Hall Meeting. Secondly, the specific plan text has now been prepared along with the necessary draft Environmental Impact Report and its support technical studies. Lastly, a development agreement contractually binding Irvtne Company commitments and city approvals, while not submitted at this time, w111 ultimately be presented to the Planning Commission and Council for consideration. During the month of December, 1985, Planning Commission study sessions were conducted to review the background and substance of the East Tusttn plan. The purpose of the Commission's meeting on January 13th is to receive staff, consultent and publtc testimony and eventually formulate a ~ecommended position to the City Counctl. Whlle draft EIR ~85-2 is submitted for Commission consideration, the public review period remains open until January 31, 1986. Therefore, the Commission will not make a final recommendation concerning the EIR but refer it to Council with opinions concerning it's ultimate certification. Any member of the community still wishing to address the adequacy of the environmental document may do so prior to January 31, ~986. PLAN ANALYSIS: The processing of the East Tusttn Specific Plan is actually composed of several individual procedures. Attached to this staff report is a copy of the public hearing notice outlining General Plan Amendment 86-! A, B, and C which proposes  mendments to the Land Use, Circulation and Seismic Safety Elements. These CommunityDevelopment Department Planning Commission East Tusttn page three amendments are necessary to ensure conststancy between the city's General Plan and ultimate zoning and development of the property. Secondly, Zone Change 86-1 is proposed incorporating minor changes to the' property zoning from 1ts present designation of (PC) Planned Community to Planned Community-Residential, Commercial, Community Facilities and Mtxed Use. The Zone Change is simply a refinement of the present Planned Community zoning. Specific Plan No. 8 is the actual land use regulatory document containing policy statements of the city in Section 2 of said document and zoning development standards in Section 3. It is this plan that more definitively indicates types and density of residential development and approximate locations of community parks, schools, an 18 hole golf' course, support commercial shopping centers and office complexes. Lastly, draft EIR 85-2 provides the environmental analysis for the General Plan Amendment, Zone Change and Specific Plan applications. Due to the extensive detail presented in the specific plan and environmental documents, a comprehensive presentation will be made at the Commission's meeting on January 13th. Staff and consultants will be prepared to address the Commission's questions at that time. Hopefully to address as many advance questions as possible, members of the consultant team and Steering Committee mot with community groups that expressed interest in the project. Meetings were conducted with the Foothill Community Association of North Tustin, the North Tustin Municipal Advisory Council, the Tusttn Chamber of Commerce Legislative Committee, the Belwtck Homeowners Association and additional meetings are planned with other homeowner associations adjoining the East Tustin area. In addition, 340 public hearing notices were mailed in accordance with State law to all property owners within 300 feet adjoining the East Tustin project area. Newspaper articles have been published announcing the meeting on January 13th and the availability of the Specific Plan and environmental documents at the Tustin Branch Library, City Hall and Police Department. While the plan may be purchased at City Hall, a summary report is available free of charge. CONCLUSIONS: Development of East Tusttn will obviously impact surrounding communities in both Tustin .and the County area of north Tusttn. However, the subject area has had an urban designation status since 1973, and the expiration of the agricultural preserve would mean the ultimate conversion of the land to urban uses in accordance with a master plan. Reacting to this fate, the city/Steering Committee has strived to produce a plan with the proper balance of land uses and one whose fiscal impact will not be detrimental to Tustin. The balanced land use plan includes public and private parks whose acreage is nearly double that existing in Tustin. Sites are also being reserved for public Corn munity Development Department Pl annl ng Commission East, Tust,t n page four schools and commercial shopping centers to provide convenient services to t,hose ne~ residents of our community. The majority of heavier commercial and employment based businesses (research and development) are locat,ed adjoining the T-5 free~ay. Th~s balanced plan, therefore, provtdes both local employment, and a vartety of housing opportunities from rental apart~nents to estate stze homes t n the footht 11 s. The East Tusttn plan represents countless hours of staff, property owner and consul:ant time over the past three years, t4htle it cannot address every single concern raised by the community, hopefully Jt ts the best and most practical alternative. Therefore, the East Tusttn Steering Committee recommends adoption of this plan by both the Planning Commission and Ctty Council subject, to substantial mitigation measures and contractual obligations between' the ctty and The [rvtne Company. Director of Community Development Sentor Planner OOL:do attach: land use map project summary publlc hearing nottce OE[R wtth appendices ETSP Community Development Department ~F LAND USE PLAN PRO~]ECT SUlMARY The proposed land use plan encompasses approximately 1,740 acres of level and htlly terratn. Over 70 percent of the stta is relatively flat (0 to 5 percent slope) or 1,218 acres, wlth the remaining 522 acres made up of htllstde terrain with slopes ranging from 5 to over 30 percent slope. Level portions are situated in the southern acres, with hilly l~rrain in the northern acres. The east and west branch of the Peters Canyon Wash extend from the northern reaches of the area, exiting into the City of Irvlne sphere of influence northerly of Irvtne Boulevard. At this time, the area is completely undeveloped, primarily supporting agricultural uses. The stettsttcal summary of the proposed plan includes: Land .U. se Designation Residential Estate (up to 2 du/ac) Low (upto 5 du/ac) Medtum Low (up to 10 du/ac) Medtum (up to 18 du/ac) Medium-High (up to 25 du/ac) Open Space Publtc Neighborhood Parks* Community Parks Golf.Course Acreage 415 287 50 239 178 14 37 150 Commrctal/Bustness getghborhood Commercial General Commercial Mixed Use 10 31 121 Institutional £1emantery Schools* Intermediate Schools High School 58 15 40 Other Uses Roads (arterial and major only**) 101 Certain park and school site acreages have not been established. Such acreage wtll be taken from residential land use area. Acreage for all roads other than arterial and major roads, has been included in the acreage for the surrounding land uses. The proposed plan would permit a maximum of 7,950 dwelling units divided among twelve separate sectors. Ten of the sectors permit residential development, and each is divided into land use types with a maximum density allowable for each type. Additionally, each sector is given a total number of dwelling units, although units may be transferred from sector to sector, subject to certain criteria. With the exception of units transferred by Tentative Tract 12345, the maximum number of dwelling units for the specific plan area can not exceed 7,950 units.