HomeMy WebLinkAboutPH 7 TENT T.M. 12345 07-01-85AGENDA
Inter- Corn
OATE: July 1, 1985
TO:
FROM:
SU BJ ECT:
APPLICANT:
LOCATION:
REQUEST:
HONORABLE NAYOR AND CITY COUNCIL
COt~UNITY DEVELOPHENT DEPARTI~NT
TENTATIVE TRACT NO. 12345
THE IRVINE COHPANY
AREA BOUNDED BY INTERSTATE 5, BROgNING AVENUE, BRYAN AVENUE AND
JAMBOREE ROAD EXTENDED NORTHERLY OF INTERSTATE 5
TO SUBDIVIDE APPROXIMATELY 107 ACRES OF LAND PROVIDING FOR
DEYELOI~ENT OF SPECIFIC LAND USES PURSUANT TO THE PHASE I PLANNED
COI~UNITY ZONING REGULATIONS
RECOI~ENDED ACTION:
Staff recommends Council open and continue the public hearing to Council's next
regularly scheduled meeting on July 15, 1985.
BACKGROUND:
The Irvtne Company submitted the attached Tentative Tract Map No. 12345 for
subdivision of properties within their East Tustin Phase 1 residential project.
The map was approved by the Planning Commission on June 10, 1985 subject to a
maximum of 1,050 dwelling units.
Pursuant to government code section 66452.2, upon receipt of the tentative map
by City Council, the Council must approve, conditionally approve or deny the map
within thirty days or said map is deemed approved.
PROJECT SUI~IARY:
Attached to this transmittal are copies of staff's reports to the Planning
Commission on May 13th and June 10th. These reports provide specific
discussions concerning project analysis, issue analysis and responses to
requested changes from The Irvine Company concerning map conditions.
The majority of issues were resolved at the Planning Commission, however
remaining for Council are the two issues of park land dedication acceptance and
resolution of Tustin Unified School District's opposition to the plan.
Specifically, the Council by ordinance shall make the final determination
concerning the percentage of acreage dedicated, fees paid in-lieu and/or credit
for park land improvement. Condition No. 28 in Planning Commission Resolution
No. 2226 addresses the requirements recommended for this subdivision.
Concerning the school issue, the District disagrees with the City's
interpretation of state law which restricts our ability to exact fees from the
City Council Report
Tentative Tract 12345
page two
developer. The district desires a condition on the map requiring The Irvine
Company to satisfy district needs for school facilities prior to recordation of
the map. However, the city has determined that exaction of fees for other than
interim school facilities conflicts with state law leaving the City exposed to
potential liability.
In an effort to resolve the district's needs, city staff, Irvtne Company and
district administrative staff met following the June 10, 1985 Planning
Commission hearing. It was agreed that all parties would explore each other's
concerns and attempt to produce an equitable resolution. Since additional time
is needed, staff is recommending continuation of this subdivision map to the
next regular meeting or thereafter as necessary. The map however, may not be
continued for more than thirty days without the applicant's written concurrance
or said map is deemed approved in accordance with state law.
~I~ALD D. ['AMM, ~/
Director of Community Development
DDL:do
attach:
Tentative Map No. 12345
Final Planning Commission Resolution 2226 with conditions
Staff report to the Planning Commission May 13, 1985
Staff report to the Planning Commission June 10, 1985
Community Development Department
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RESOLUTION NO. 2226
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF TENTATIVE TRACT MAP NO. 12346
The Planning Commission of the city of Tustin does hereby resolve:
The.Planning Commission finds and determines as follows:
A. That Tentative Tract Map No. 12345 was submitted to the Planning
Commission by Monica Fl orian on behalf of The Irvine Company for
the purpose of creating a-27 lot (8 numbered and 19 lettered)
subdivision from a portion of lots 21, 22, 27, 28 of Block 44 of
Irvine's subdivision as shown filed in Book-l, page 88 of
Miscellaneous Record Maps, in the office of the County Recorder
of said Orange County, California.
B. That a public hearing was duly called, noticed and held for said
map.
C. That an Environmental Impact Report has been prepared in
conformance with the requirements of the California
Environmental Quality Act for the subject project, and has been
recommended to the City Council for certification by the
adoption of Resolution No. 2223.
D. The proposed subdivision is in conformance with applicable
ordinances, policies and standards of the city of Tustin,
evidenced by the following findings:'
1. That the proposed map is consistent with the Tustin Area
General Plan.
That a Development Plan with Planned Community Zoning
regulations has been adopted for this project, ind this map
is in conformance with the Plan and regulations.
3. That the site is physically suitable for the type of
development.
4. That the site is physically suitable for the proposed
density of development.
That an ordinance requiring the dedication of land for
parks is in conformance with the Recreation Element of the
Tustin Area General Plan.
That pursuant to state law, Tustin Unified School District was
forwarded Tentative Tract No. 12345 to seek the District's
determination of school facility need based upon projected
student population.
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Resolution No. 2226
page two
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The Tustln Unified School District requests conditioning of
Tentative Tract No. 12345 causing the subdivider to provide said
district with both interim classroom facilities for the Tustin
High School campus and payment of fees to refurbish the Utt
Intermediate School prior to recordation of a final map or
creation of a building parcel.
That Tract NO. [2345 may create conditions of overcrowding
within the Tustin Unified School District attendance area, but
such finding by the District Board of Trustees has not been
"supported by clear and convincing evidence" in 'the District's
Resolution No. 01-02-85 pursuant to Government Code Section
65971. Should documented evidence be submitted by the District
supporting their findings in Resolution No. 01-02-85,
specifically attributable to Tract No. 12345, the developer -
shall be responsible for mitigating overcrowding conditions by
providing interim classrooms and related facilities pursuant to
Government Code Section 65974 at such time development occurs.
Until such time, the Tustin Unified School District should
continue to examine available options as granted by state law
and outlined in Final EIR 84-3. The applicant/developer (The
Irvine Company) shall assist and work with the School District
in evaluating these options, and submit a report to the Planning
Commission within 90 days of approval of this tentative tract
outlining feasible mitigation measures for documented
overcrowding within the Tustin Unified School District
attendance area.
That under the School Facilities law, Government Code Section
65970 et. seq. developer fees are limited to mitigating
conditions of immediate overcrowding and can only be.imposed
after all other reasonable methods of mitigating conditions of
overcrowding have been evaluated and found infeasible .by the
District which has not yet been done.
That under the School Facilities law, residential projects can
only be conditioned upon the payment of a specific fee amount
reasonably related and limited to the need for schools caused by
the project, and fees collected can only be used for temporary
facilities (maximum of five years) whereas the District's
request is not so limited.
That approval and recordation of Tract No. [2345 is not the
final discretionary approval for this project. Additional maps
will be required prior to construction of single family detached
and attached homes, and as a result adequate opportunities exist
for the district to explore all reasonable methods and funding
sources for mitigating the impacts of this project on the
District school system.
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Resolution No. 2226
page three
II. The Planning Commission hereby recommends to the City Council
approval of Tentative Tract Map No. 12345, subject to conditions
outlined in Exhibit "A" and made a part of this Resolution.
PASSED AND~AD~PTED at a re~lar meeting of the Tustin Planning Commission
on the~l/~day of ~ , 1985.
· ~ -
Recording Secretary
RONALD H. WHITE,
Chairman
EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 12345
Approval of Tentative Tract Map No. 12345 is subject to the following
conditions. These conditions shall be satisfied prior to final map recordation
if not otherwise determined by City staff to be satisfied'after map recordation:
Provision for landscape maintenance and ownership of Lots A through S~
with the exception of Lot G, H, and 8, which will be maintained by the
city, to be the responsibility of the adjoining homeowners' associations,
if not included within a lighting/landscape maintenance district. The
city shall be responsible for Lots G, H. and 8 only until the Browning
Avenue overpass proposal is finalized.
Landscape maintenance responsibility for those areas within the public
right-of-way between the curb and meandering sidewalks shall not become
the responsibility of the City, except Lots G and H. These areas shall be
included within the maintenance of adjoining lots A through S, excepting
Lots G and H, shall be for ultimate maintenance by a homeowners'
association or lighting/landscape maintenance district. The city shall be
responsible for Lots G and H only until the Browning Avenue overpass is
finalized.
Control data shall be established to adequately delineate the southerly
tract boundary with respect to right-of-way needs for the following
improvements:
a. Santa Aha freeway widening.
b. Jamboree Road interchange.
c. Collector distributor roads
connection.
for future Eastern Corridor/I-5
The typical section (G-G) on the map indicates a distance of 230 + feet
from freeway centerllne to tract boundary. The scaled distances Tn the
plan view section of the map reflects a range of 175 + ft. to 215 + ft.
The preliminary freeway geometrics delinete a need fora scaled di~ance
of 175 + feet maximum for the proposed freeway widening and a northbound
on-ramp-~or the Jamboree Road interchange.
These needs shall be clarified at the earliest feasible date prior to map
recordation. This clarification will also be needed for the
determination of the Laguna Road alignment/location.
Dedication of adequate right-of-way shall be provided on Lots 3 and 4 to
accommodate the greatest extent of right-of-way requirements for the
Jamboree Road/Interstate 5 interchange as determined by the City
Engineer. Building Permits will not be issued for any structure on Lot 4
and the southern portion of Lot 3 as determined by the Community
Development Director and City Engineer~ until such time the ultimate
right-of-way needs have been determined. Any decrease in area for Lots 3
and 4 from that shown on the tentative map will result in an equalivalent
decrease in the number of dwelling units.
~ Communi~'¥ Development Department ' J
Conditions of Approval
Tentative Tract No. 12345
page two
5. Preparation and submittal of a final grading, plan delineating the
following information:
10.
Final street elevations at key locations.
Final pad/finish floor elevations and key elevations for all site
grading. All final pad elevations to be a minimum of 1.0 ft. above
the base flood elevation as defined by FEMA.
Location and elevations of all flood protection berms related to
Tract No. 12345.
All flood hazard areas of record.
Preparation of a sedimentation and erosion control plan for all
construction work related to Tract No. 12345.
Provision for maintenance and ownership of the flood protection berms and
associated landscaping to be the responsibility of the adjoining
homeowners' association, lighting/landscape maintenance district and/or
the city of Tusttn, with said determination to be made prior to recording
the final map.
Provision for irrevocable easements for the required term of all flood
protection berms in.favor of the adjoining Association and/or the city of
Tustin, with said determination to be made prior to recording the final
map.
Annexation of land within this development into an appropriate street
lighting district to provide for on-going maintenance and energy cost of
said system.
Preparation of plans for and construction of full improvements for all
streets within the boundary of said tract map. These improvements shall
include the widening of the easterly half of Browning Avenue, the
southerly half of Bryan Avenue to its ultimate alignment and all required
transitions, and Streets A and B. Improvements will include, but not be
limited to, the following as determined by the City Engineer:
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Curb and gutter/cross gutters
Sidewalk
Drive aprons
Street paving
Street signing and striping
Landscaping/facilities
Sanitary sewer service facilities
Domestic water service facilities
Reclaimed water service facilities
Gas, electric, telephone, cable t.v. facilities
Traffic signal facilities - Laguna Rd./Jamboree Rd. - 25% of cost
Bryan Ave./Jamboree Rd. - 66 2/3 % cost
Bryan Ave./Browning Ave.- 50% of cost
Browning Ave./Laguna Rd.- 33 1/3%of cost
k~ ,. Community Development Deparlment J
Conditions of Approval
Tentative Tract 12345
page three
11. Existing perimeter streets, Browning Avenue and Bryan Avenue, shall be
slurry seal coated the full pavement width from curb face to curb face
prior to restrtping the widened street improvement.
12. Preparation of plans for and construction of all sanitary sewer facilities
as required by the City Engineer. These facilities shall include a
gravity flow system pursuant to standards of the Irvtne Ranch Water
District.
13. Dedication of all required street and flood control right-of-way as
defined by the City Engineer.
14. Placement of all above ground roadway appurtenances such as signing,
street lights and fire hydrants behind the sidewalk when said sidewalks
are constructed adjacent to the curb.
15. Preparation of plans for and construction of a domestic water system to
the standards of the Irvine Ranch Water District/City of Tustin Water
Service, whichever is applicable at the time of plan preparation. Any
required reclaimed water systems shall be constructed to the required
standards of the Ir¥ine Ranch Water District.
16. Preparation of a hydrology and hydraulic study of the tributary area
impacting the proposed development. Preparation of plans for and
construction of all storm drain facilities as required by the City
Engineer and Caltrans.when applicable and pertaining to their facilities.
17. Cash/surety deposit, if deemed necessary by the City Engineer, for the
reconstruction of Street "B" at locations adjacent to temporary flood
protection berming to return roadway ~nterim profiles to long term grades
when berms are no longer required for flood protection purposes.
18. Dedication of all vehicular access rights to Jamboree Road, Bryan Avenue
and Browning Avenue except at designated street openings. Dedication of
all vehicular access rights to Laguna Road, except at approved driveway
openings, as designated on the final development site plan subject to the
City Engineer's approval.
19. Reservation as determined by the City Engineer of adequate right-of-way
for future Interstate 5 Santa Aha freeway widening.
20. Relocation of the sub-grade fuel line facility within this tract to the
satisfaction of the City Engineer and the San Diego Pipeline Company.
21. Removal of the abandoned railroad right-of-way easement within the tract
boundary.
Community Development Department
Conditions of Approval
Tentative Tract 12345
page four
22. Payment of all required Orange County Sanitation District No. 7 sewer
connection fees that may be required as a result of the interim connection
to the District ? facilities, at the time initial building permits are
issued.
23. Prior to the recordation of a final map for any portion of, or all of
the land delineated in Tentative Tract No. 12345, the subdivider shall
enter into an agreement with the city of Tustin for participation in a fee
program (if adopted by the Tustin City Council) for implementation of the
Eastern/Foothill Transportation Corridor. Said agreement shall provide
that:
a. The fee shall not' exceed that amount as established by the nine
participating agencies within the area of benefit.
b. Subdivider or Builder obligations to pay fee would only commence
after the city establishes a fee program but not prior to issuance
of building permits.
c. Subdivider or Builder obligations to pay fee would cease if the fee
program were not established within three years of the issuance of
building permits or recordation of final tract map.
24. As detailed in the Final Environmental Impact Report No. 84-3, an earth
berm topped with a masonry wall shall be constructed along the Interstate
5 freeway right-of-way of Lots 3, 4, 5 and 7 where directly exposed to the
freeway as determined by city staff. The final cross section design,
height and. construction materials shall be determined by an acoustical
engineer subject to city Planning Commission approval prior to
construction of the buffer or issuance of any building permit on these
lots.
25. Pursuant to City Code, the new development tax shall be paid prior to
recordation of future builder subdivision maps on any individual Lot or at
building permit issuance where a future subdivision map is not required.
26. Tract No. 12345 may create conditions of overcrowding within the Tustin
Unified School District attendance area, but such finding by the District
Board of Trustees has not been "supported by clear and convincing
evidence" in the District's Resolution No. 01-02-85 pursuant to Government
Code Section 65971. Should documented evidence be submitted by the
District supporting their findings in Resolution No. 01-02-85,
specifically attributable to Tract No. 12345, the developer shall be
responsible for mitigating overcrowding conditions by providing interim
Community DeveLopment Department
Conditions of Approval
Tentative Tract 12345
page fi ye
classrooms and related facilities pursuant to Government Code Section
65974 at such time development occurs. Until such time, the Tustin
Unified School District should continue to examine available options as
granted by state 1 aw and outli ned i n Fi hal EIR 84-3. The
applicant/developer (The Irvine Company) shall assist and work with the
School District in evaluating these options, and submit a report to the
Planning Commission within go days of approval of this tentative tract
outlining feasible mitigation measures for documented overcrowding within
the Tustin Unified School District attendance area.
27. Pursuant to the city's Parkland Dedication Ordinance, this tract shall
provide for the dedication of 8.8 acres of land and/or improvements for
park purposes. The proposed 4.25 acre park site shall be dedicated to the
city with the remaining 4.75 acre obligation satisfied through land
dedication elsewhere in the East Tustin Specific Plan area or offer of
dedication secured by separate agreement between the city and The Irvine
Company and/or an offer of dedication of land and improvements for private
recreational facilities within the tract. The distribution of the total
amount of acreage for this tract will follow the proportions established
t n the city ' s Recreati on E1 ement between publ t c community and
private/public neighborhood facilities.
The 4.25 acre park site in compliance with the Parkland Dedication
Ordinance shall be rough graded free of obvious rock of construction
by-product material with the following public improvements provided to the
satisfaction of the City Engineer and Director of Community Services:
a. Full street improvements along Laguna Road and Street B including
but not limited to curb, gutter, sidewalk, street lighting and
signing.
b. Public utility laterals of a sufficient size including water,
electricity, sewer, storm drain, natural gas and telephone
communication shall be installed to the park site property line.
28. Development density shall be regulated by the adopted Planned Community
Zoning Regulations for Phase I Residential/East Tustin. The density
calculations provided on the subdivision map are for informational
purposes only and are superceded by the zone regulations.
29. All applicable mitigation measures detailed in Final EIR 84-3 are hereby
incorporated as conditions of approval for Tract No. 12345 and subsequent
tracts recorded within this project boundary.
30. Prior to the issuance of a grading permit, a storm drain phasing plan that
addresses interim flood protection in the Browning Avenue area shall be
prepared by the Irvine Company and reviewed and approved by the City
Engt neet.
Community Development Department
STAY~ OF CALIFORNIA)
COUNTY OF ORANGE' )
CITY OF TUS?iN )
DONNA ORR, the undersigned, hereby certify that I am the Recording
Secret~r~ of the Planning Commission Of, the City of Tustin,
California; ~t Resolution ~o. ~ was duly passed and adopted, a~
r~gul~r m~eting of the Tus~i~~g Co~ission, held on the ~
DONNA ORR
Recording Secretary
pl nnin Cornrniss[on
DATE: MAY 13, 1985
SUB,,1ECT:
TERTATTYE' TRACT ND. 12345
PHASE I RESIDENTIAL, EAST TOSTlll
APPLICANT: TRE,ZRYINE CORPANY
LOCATION:
AREA BOUNDED BY INTERSTATE 5, BROggING AVENUE, BRYAN AVENUE AND
JA~glOREE ROAD EXTENDED NORTHERLY OF INTERSTATE 5 ZONING:
REQUEST:
TO SUBDIYIDE APPROXIMATELY 107 ACRES OF LAND PROVIDING FOR
DEVELOPMENT OF SPECIFIC LAND USES PURSUANT TO THE PHASE I PLANNED
COPI~UNITY ZONING REGULATIONS.
RECOPI~ENDED ACTION:
Staff recommends the Planning Commission forward to City Council approval of
Tentative Tract No. 12346 by the following action:
Adopt Resolution No. 2226 recommending approval of Tentative Tract No.
12345 subject to conditions in attachment "A" to the resolution.
APPLICATION-SUI~U~RY:
The Irvine Company has submitted the attached subdivision map implementing the
development plan proposed in Zone Change No. 85-4. Speciflcially, the map
proposes precise alignments for the improvement of Browning Avenue, Bryan
Avenue, Jamboree Road, Laguna Road and to be named Streets A and B. The map
further delineates a proposed 4.25 acre public park site. The remaining large
lots will ultimately be sold to merchant builders for development.
PROJECT ANALYSIS:
The impact on the environment resulting from subdivision of the subject property
has been analyzed in Draft EIR No. 84-3. The property development plan as well
was analyzed in staff's report for General Plan Amendment No. 84-4 and Zone
Change No. 86-4.
The physical design of Tentative Tract No. 12345 was determined primarily by the
circulation system in relation to the adjoining developed community and the
proposed East Tustin Specific Plan.
The map further delineates the maximum number of dwelling units per lot
permitted by the particular zone density factor. The precise unit count for
each lot could be slightly greater or smaller dependent upon the ultimate lot
area.
Corn munity Development Department
Planning Commission Report
Tentative Tract 12345
page two
Lots A through S represent setback and reserve areas to be landscaped and
dedicated for maintenance by either the City, property owners' association or
maintenance district. Maintenance by the city could be accomplished pursuant to
a landscape and lighting assessment district.
The City's Parkland Dedication Ordinance requires dedication of three acres of
land per 1,000 population. Pursuant to a ratio of housing units and the
estimated population of each household, 8.8 acres of parkland will be required
for the Phase I project. At this time however, a 4.25 acre site is being
offered for dedication with the remaining obltgatlon to be satisfied at a future
date.
Phase I public infrastructure will be improved as a condition of the subdivision
map. Improvements include roadway paving, curb, gutter, sidewalk, storm drains,
street lighting, sewers, water mains and miscellaneous public utilities. Major
improvements not considered local improvements will be funded through assessment
district financing during the early years of Phase I construction.
ISSUE ANALYSIS:
Principal issues associated with this subdivision primarily concern conditions
of approval which are necessary to implement EIR mitigatioh measures. The two
prominent environmental issues are related to flood control and circulation
system improvements.
A combination of interim improvements to the E1 Modena/Irvine Channel and
Browning Avenue are deemed acceptable by the City 'Engineer to accommodate
increases in storm water runoff caused by both the Tustin Auto Center and Phase
I Development. Eventually, the City created assessment district will proceed
with construction of ultimate flood control facilities.
Proposed improvements to the local circulation system are considered adequate to
accommodate Phase I impacts. The cross section design of roadways within.
the project and surrounding community provide necessary capacity to accommodate
project demands.
Dedication of the public park site while both desirable and mandatory presents
several issues; those being what acreage is adequate to serve this subdivision,
what shall become of the balance obligation, and who will finance park site
improvements and maintain them. In this case The Irvine Company has proposed a
partial dedication of land with the balance obligation to be credited through
improvement of the public park site and private parks to be built in areas one,
two and three. From a staff perspective, we recommend maximizing the
availability of park land and financing of public park improvements through
Community Development Department
Planning Commission Report
Tentative Tract 12345
page three
alternative means. However, staff does not have a specific proposal for
financing but is exploring alternatives such as assessment districts or use of
development fees. Regardless of which financing method is ultimately selected,
staff recommends acceptance of the 4.25 acre park with the balance obligation
dedicated elsewhere in East Tusttn.
A remaining issue is that of providing adequate school facilities for this
project. Pursuant to state law, Tustin Unified School District was forwarded
Tentative Tract No. 12345 to seek the District's determination of school
facility need based upon projected student population. The District requests
both interim (ten~orary facilities) for the Tusttn High School campus and
developer payment to refurbish the Utt Intermediate School. The District
correspondence is included in the Draft EIR "Comments and Responses" document.
While the City is not responsible for providing school facilities, we are
responsible for conditioning this map to the extent necessary yet permissible by
state law. The environmental l~act report proposes measures which the district
can and should consider for adoption.
The District, however, has requested imposition of the following condition as a
further ndtigatton of project i~acts:
"Prior to recordation of a flnal tract map or other creation of a building
parcel, the project proponent shall provide certification from the Tustin
Unified School District that fees for providing school facilities have
been paid. For the purpose of complying with this condition, the project
proponent may provide certification from the Tustin Unified School
District of compliance with this condition, or certification that the
project proponent has agreed in writing to complying with this condition."
Staff considers this proposed condition to be unreasonable for the following
reasons:
Under the School facilities law, government code section 65970 et. seq.,
fees are limited to mitigating conditions of immediate overcrowding and
can only be imposed after all other reasonable methods of mitigating
conditions of overcrowding have been evaluated and found infeasible by the
District which has not yet been done;
Under the school facilities law, residential projects can only be
conditioned upon the payment of a specific fee amount reasonably related
and limited to the need for schools caused by the project, and fees
collected can only be used for temporary facilities, (maximum of five
years) whereas the District's proposed.condition is not so limited; and
Community Development Department
Planning Commission Report'
Tentative Tract 12345
page four
The condition requested by the Dtstrtct is based upon current enrollment
figures and funding sources, and projection for the next school year,
whereas the first residences in the project will not be available for
occupancy until 1987, providing sufficient time to explore alternative
mitigation methods through cooperative communication.
Additionally, approval and recordation of Tract No. 12345 is not the finalI
discretionary approval for this project. Additional maps will be required prior
to construction of single family detached and attached homes, and as a result
adequate opportunities exist for the district to explore all reasonable methods
and funding sources for mitigating the impacts of this project on the District
school system. Overall, the state law only provides that a school district may
seek temporary school facilities when immediate overcrowding will occur.
Concerning permanent school facilities, it is not the responsibility of a
developer to dedicate land or construct schools without compensation.
Government Code Section 66478 clearly limits a city's ability to require land
dedication for school sites. Pursuant to this code section, upon adoption of a
local ordinance, a city may only require dedication of an amount of land which
would not make the project economically unfeasible. Secondly, if a city
requires dedication, the local school district within .30 days after the
requirement is imposed by' the city, must enter in~o a binding commitment 'with
the subdivider to accept the dedication. "The school district shall, in the
event that it accepts the dedication, repay to the subdivider or his successors
the original cost to the subdivider of the dedicated land, plus a sum equal to
the total of any improvements to the land, taxes assessed against the dedicated
land from the binding commitment date and any other costs incurred by the
subdivider in ma4ntenance of such dedicated land, including interest costs
incurred on any loan covering such land."
Both the City and The Irvine Company recognize the School District's needs and
budgetary constraints in purchasing land and constructing new schools in East
Tustin. The Irvine Company will work with District administrators to seek
available financing for new schools needed in East Tusttn.
Addressing current District needs, staff proposes the following condition be
imposed on Tentative Tract 12345:
Tract No. 12345 may create conditions of overcrowding within the~
Tustin Unified School District attendance area, but such finding
by the District Board of Trustees has not been "supported by clear
and convincing evidence" in the District's Resolution No. 01-02-85
pursuant to Government Code Section 65971. Should documented
evidence be submitted by the District supporting their findings in
Resolution No. 01-02-85, specifically attributable to Tract No.
12345, the developer shall be responsible for mitigating overcrowding
Community Development Department
Planning Commission Report
Tentatlve Tract 12345
page fi ve
conditions by providing interim classrooms and related facilities
pursuant to Government Code Section 65974 at such time development
occurs. Unttl such time, the Tusttn Unified School District should
continue to examine available options as granted by stata law and
outlined tn Ftnal EIR 84-3. The applicant/developer (The Irvlne
Company) shall assist and work with the School District in
evaluating these options, and submit a report to the Planning
Commission within gO days of approval of this tentative tract
outlining feasible mitigation measures for documented overcrowding
within the Tustin Unified School District attendance area.
The remaining issue requiring discussion is that of open space maintenance. As
indicated on the map, there are substantial landscape parkways provided along
Browning and Bryan Avenues, Jamboree Road, Laguna Road, Streets A, B, and the
Interstate 5 freeway. The unresolved issue is city acceptance and maintenance
of these greenbelts at city wide taxpayer expense.
The subdivision map proposes these landscape areas as individual lots subject to
common maintenance provisions. It is staff's position that the city not be
responsible and further that these areas be accepted by a common homeowners'
association or landscape maintenance district.
CONCLUSZON:
In conclusion, staff is submitting the proposed conditions of approval which
address major issues and mitigation measures proposed .in the Draft EIR. Should
the Planning Commission approve the property owner's requested general plan
amendment and zone change it would be approp~.iate to approve this subdivision
map as well.
D~ALD D. L-AMM, C/
Director of Community Development
DDL:do
attach:
Tentative Tract Map No. 12345
Resolution No. 2226
Conditions of Approval "Exhibit A" to the Resolution
Community Development Department
Planning Commission
DATE:
SUBJECT:
APPLICANT:
JUNE 10, 1985
TENTATIVE TRACT gO. 12345
PHASE ! RESIDENTIAL, EAST TUSTIN
THE IRVINE COMPANY
LOCATION:
/,REA ROUleED BY INTERSTATE 5, BROHIIING AVENUE, BRYAN MENUE AND
JN~OREE ROAD EXTENDED RORTHERLY OF INTERSTATE 5
REQUEST:
TO SUBDIVIDE APPROXIHATELY 107 ACRES OF LAND PROVIDING FOR
DEVELOPMENT OF SPECIFIC LAND USE PURSUANT TO THE PHASE I PLANNED
COMMUNITY ZONING REGULATIONS
BAC~GROU#D:
In response to the conditions prepared for the draft resolution of Tentative
Tract Hap 12345, The Irvine Company submitted a letter to staff recommending
certain changes. These changes were tentatively reviewed by staff and given to
the Planning Commission for their review on the Hay I3, I985.
Since the proposed project was continued until the June i0, 1985 meeting, staff
has further reviewed and considered these proposed changes. The discussion
section of this report includes the original condition, the proposed change by
The Irvtne Company, and the staff recommendatlon.
Any proposed change recommended by staff has been amended in the draft
resolution (No. 2226) for Tentative Tract No. 12345. '
DISCUSSION:
1. A) Exist Condition
Provision for landscape maintenance and ownership of Lots A through S to be
the responsibility of the adjoining homeowner's association, if not
included within a lighting/landscape maintenance district.
B) Proposed Condition
Provision for landscape maintenance and ownership of Lots A through S
exceptint Lot G and H which will be maintained by the City, to be the
responsibility of the adjoining homeowners association, if not included
within a lighting/landscape maintenance district.
Community Development Department
Planning Commission Report
Tentative Tract 12345
page two
C) Recommended Change
Lots G and H and Lot 8 fall within the area reserved for a possible
overpass of Browning Avenue over the I-5 freeway. Until such time that
either the overpass is constructed or the proposal is eliminated, the area
will be maintained in a weed free condition. The City Engineer feels the
city is the most responsible entity to ensure maintenance of not only Lots
G and H, but Lot 8 as well. Therefore, staff would recommend that the
proposed condition be accepted, with the inclusion of Lot 8.
Provision for landscape maintenance and ownership of Lots A through S,
with the exception of Lot G, H, and 8, which will be maintained by the
city, ~o be the responsibility of the adjoining homeowners
association, if not included within a lighting/landscape maintenance
district. The city shall be responsible for Lots G, H, and 8 only
until the Browning Avenue overpass proposal is finalized.
2. A) Exist Condition #2
LandsCape maintenance responsibility for those area.s within the public
right-of-way between the curb and meandering sidewalks shall not become the
responsibility of the 'city. These areas shall be included within the
maintenance of adjoining Lots A through S for ultimate maintenance by a
homeowner's association or lighting/landscape maintenance district.
B) Proposed Condition #2
Landscape maintenance responsibility for those areas within the public
right-of-way between the curb and meandering sidewalks shall not become the
responsibility of .the city except on Lots G and H. These areas in Lots A
through S excepting Lots G and H shall be for ultimate maintenance by a
homeowners association or lighting/landscape maintenance district.
C) Recommended Change
The proposed condition accounts for the remaining ares not covered under
Condition Number 1. Staff recommends that the proposed condition be
accepted, wi th the addition of the following sentence: The city shall be
responsible for Lots G and H only until the the Browning Avenue overpass
proposal is finalized.
3. A) Exist Condition #4
Execution of an irrevocable offer of dedication of all required
right-of-way adjacent to said map for the construction of the proposed
Jamboree Road interchange, subject tO approval of Caltrans for interchange
construction.
Community Development Department
Planning Commission Report
Tentative Tract 12345
page three
B) Proposed Condition
Propose the deletion of Condition #4. Below we have outlined changes to
Condition #5 which we feel fully covers this condition. Additionally this
condition may conflict with the recordation of the final map.
C) Recommended Change.
Staff feels that Condition #5 can adequately cover this issue, and that
Condition #4 can be deleted.
4. A) Exist Condition
Dedication of adequate right-of-way shall be provided on Lots 3 and 4 to
accommodate the greatest extent of right-of-way requirements for the
Jamboree Road/Interstate $ interchange as determined by the City Engineer.
Building Permits will not be issued for any structure on Lots 3 and ¢ until
such time the ultimate right-of-way needs have been determined. Any
decrease in area for Lots 3 and 4 from that shown on the tentative map will
result in an. equivalent decrease in the number of dwelling units.
B) Proposed Condition'#5
Dedication of adequate right-of-way shall be. provided on Lot ¢ to
accommodate the greatest extent of right-of-way requirements necessary for
the construction of Jamboree Road/Interstate 5 interchange with the timing
of said dedication to be determined by the City Engineer. Building permits
will not be issued on Lot 4 until such time the ultimate right-of-way needs
have been determined by the City Engineer. Any decrease in area for Lot 4
from that shown on- the tentative map will result in an equivalent decrease
in the number of dwelling units.
C) Recommended Change
After review and consideration, the City Engineer feels that the majority
of the Jamboree Road/I-5 interchange can be accommodated on Lot 4, with the
possibility of a minor dedication on Lot 3. Staff recommends that the
condition remain as existing, with the change that building permits cannot
be issued on the southerly portion of Lot 3 as determined by the Community
Development Director and City Engineer.
Proposed change: Building permits will not be issued for any structure on
Lot 4 and the southern portion of Lot~3 as determined by the Community
Development Director and City Engineer, until such time as the ultimate
right-of-way needs have been determined.
Community Development Department
Planning Commission Report
Tentative Tract 12345
page four
5. A) Exist Condition #19
Dedication of all vehicular access rights to Jamboree Road, Bryan Avenue
and Browning Avenue except at designated street opening. Dedication of all
vehicular access rights to Laguna Road, except at approved driveway
Openings, as designated on the final development site plan subject to the
City Engineer's approval.
B) Proposed Condition #lg
Dedication of all vehicular access rights to Jamboree Road, Bryan Avenue
and Browning Avenue except at designated street openings.
This revised condition will allow flexibility for other needed access
points on Laguna Road.
C) Recommended Change.
Staff does not recommend any change to the existing condition.
6. A) Exist Condition' #20
Reservation or dedication as determined by the City Engineer of adequate
right-of-way for future Interstate 5 Santa Aha freeway widening and Eastern
Corridor collector/distributor roads.
B) Proposed Condition #20
Reservation for future acquisition of adequate right-of-way for future I-5
Santa Aha Freeway.widening and Eastern Corridor collector/distributor roads
as determined by the City Engineer.
C) Recommended Change
Staff does not recommend a change to the existing condition.
7. A) Exist Condition #22
Removal of the abandoned railroad right-of-way easement between Interstate
5 and Bryan Avenue.
B) Proposed Condition #22
Removal of the abandoned railroad right-of-way easement within the tract
boundary.
Community Development Department
Planning Commission Report
Tentative Tract 12345
page five
C) Recommended Change
Staff recommends that Condition #22 be amended to reflect the proposed
condition by The Irvine Company.
A) Exist Condition ~25
As detailed in the Final Environmental Impact Report No. 84-3, an earthberm
topped with a masonry wall shall be constructed along the Interstate 5
freeway right-of-way of Lots 3 and 4 and additionally along the southerly
property line of Lot 5 and 8 where directly exposed to the freeway as
determined by city staff. The final cross section design, height and
construction materials shall be determined by an acoustical engineer
subject to city Planning Commission approval prior to construction of the
buffer or issuance of any building permit on these lots.
B) Proposed Condition ~25
As detailed in the Environmental Impact Report No. 84-3, an earth berm
topped with a masonry wall shall be constructed adjacent to the Interstate
5 freeway right-of-way on Lots 3, 4, 5 and 7 where directly exposed to the
freeway as determined 'by city staff. The final cross section design,
height and construction materials shall be determined by an acoustical
engineer subject to city Planning Commission approval prior to construction
of the buffer o~.issuance of any building permit on these lots.
C) Recommended Change
Staff recommends that Condition ~25 be modified to reflect The Irvine
Company's proposed condition.
9. A) Exist Condition #28
Pursuant to the city's Parkland Dedication Ordinance, this tract shall
provide for the dedication of 8.8 acres of land for park purposes. The
proposed 4.25 acre park site shall be dedicated to the city with the
remaining 4.75 acre obligation satisfied throughland dedication elsewhere
in the East Tustin Specific Plan area or offer of dedication 'secured by
separate agreement between the city and The Irvlne Company.
The 4.25 acre park site in compliance with the Parkland Dedication
Ordinance shall be rough graded free of obvious rock of construction
by-product material with the following, public improvements provided to the
satisfaction of the City Engineer and Director of Community Services:
Full street improvements along Laguna Road and Street B including but
not limited to curb, gutter, sidewalk, street lighting and signing.
~ Community Development Department '~/
Planning Commission Report
Tentative Tract 12345
page six
Public utility laterals of a sufficient size including water.,
electricity, sewer, storm drain, natural gas and telephone
communications shall be installed to the park site property line.
B) Proposed Condition ~28
Pursuant to the city's Parkland Dedication Ordinance, this tract shall
provide for the dedication of 8.8 acres of land and/or improvements for
park purposes. The proposed 4.2S acre park site shall be dedicated to the
city with the remaining 4.75 acre obligation to be satisfied through land
dedication elsewhere in the East Tustin Specific Plan area secured by a
separate agreement between the city and The Irvine Company and/or an offer
of dedication of land and improvements for public park or private
recreational facilities within the tract.
C) Recommended Change
Staff recommends that the proposed condition would be appropriate with
selected amendments. A 4.25 acre public neighborhood park is proposed for
this tract and the city would not be interested in any additional public
parkland in this tract. Further, the city is concerned that the
proportions of public Community. and neighborhood and private recreational
facilities be maintained in accordance with the city's Recreation Element.
Those proportions include that 50~ of the available land be utilized as
public community, with the remaining 50% divided between public
neighborhood and private facilities. Within this tract, this equates to
4.4 acres of community level, and 4.4 acres of public neighborhood and
private facilities with a maximum of 2.2 acres for private facilities.
Since a 4.25 acre public park is proposed, a total of .15 acres of private
facilities could be credited to the tract, with the remaining land credited
to public community elsewhere in the East Tustin area.
Therefore the recommended changes would be the removal of the words
"...public park or..." and the addition of the following sentence: "The
distribution of the total amount of acreage for this tract will follow the
proportions established in the city's Recreation Element between public
community and private/public neighborhood facilities.
10. A) Exist Condition #30
All applicable mitigation measures detailed in Final EIR 84-3 are hereby
incorporated as conditions of approval for Tract No. 12345 and subsequent
tracts recorded within this project boundary.
B) Proposed Condition #30
We feel that all of the mitigation measures as detailed in the EIR 84-3
have been incorporated into the zoning and conditions and therefore
condition #30 should be deleted.
Community Development Department
Planntng Commission Report
Tentative Tract [2345
page seven
C) Recommended Change
Staff recommends that the existing condition remain unchanged.
Senior Planner
EK:do
Community Development Department
Planning Commission Minutes
June 10, 1985
page eight
9. TENTATIVE TRACT MAP NO. [2345
Applicant: Monica Florian on behalf of The Irvine Company
Location: An area bounded by the I-5 freeway, Bryan Avenue, Browning
Avenue and the proposed Jamboree Road.
Request: To subdivide approximately 107 acres of land providing for
development of specific land uses pursuant to the Phase I
Planned Community zoning regulations.
Presentation:
Chairman White opened the public hearing at 10:00 p.m.
Donald D. Lamm, Director of Community Development
Brad Olson, The Irvine Co,any, referred to the June 10th staff report. He
questioned item 6, existing condition 20, proposed language ". · . reservation or
dedication as determined by the city engineer of adequate right-of-way for future
Interstate 5 .. . ." The Company proposed" . . reservation for future acquisition
of adequate right-of-way · " Dedication im~lies a gift. He thought how the
acquisition of the right-of-way takes place is between The Company and Caltrans.
Clayton Parker, TUSD, expressed the same' concerns as with the Phase 'I. They do not
think the map should be recorded until the district certifies that adequate school
facilities are available or the developer has provided mitigation as requested by tt
school district in its letter addressed to the city dated March 21, 1985.
Carol Taylor, 13532 Farmington, asked Mr. Parker when Utt school would be reopened.
Mr. Parker responded that one of the requests of mitigation is to open Utt school.
The District does not have the funds to reopen.
Staff addressed Mr. Olson's concern with item 6. Reservation means Caltrans pays for
the land; dedication means they do not have to. We worded the condition so the City
Engineer had the option in working with Caltrans.
Seeing no one further wish to speak, Chairman White closed the hearing at 10:10 p.m.
White moved approval of Tentative Map 12345, Puckett second. McCarthy amended that
no grading or berming in the Phase I area be allowed until the E1 Modena Channel is
complete. Wail seconded the amendment. Well moved to amend item 6 to read
"reservation". McCarthy second.
Discussion ensued concerning increased flooding potential during construction of the
auto center and the Company request that the berm improvement be at the discretion of
the City Engineer.
Weil withdrew her second to the motion.
White moved, Puckett second to approve Tentative Map 12345 with the density
reflecting that in the Planned Community Zone Regulations, Puckett second. Motion
carried 4-0. First amendment: Wail moved, Puckett second to require a storm dra
phasing plan shall be processed through the City Engineer and approved by him to show
that the construction of this project shall not in any way make the flooding
situation worse before it gets better on Browning Avenue. Motion carried 3-1.
Second amendment: amend item ~ delete the word "dedication" and replace it with
"reservation". Motion carried 4-0."~ _~