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HomeMy WebLinkAboutCC RES 04-103 RESOLUTION NO. 04-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP 16507 TO SUBDIVIDE 36.84 ACRES TO DEVELOP 189 RESIDENTIAL UNITS, INCLUDING 138 SINGLE FAMILY DETACHED HOMES AND 51 PATIO HOMES, WITHIN PLANNING AREA 21 OF THE MCAS TUSTIN SPECIFIC PLAN The City Council of the City of Tustin does hereby resolve as follows: I. A. The City Council finds and determines as follows: Final Tract Map 16507 was submitted by John Laing Homes (WL Homes LLC) requesting subdivision of a 36.84-acre area into 143 numbered lots and thirty-six (36) lettered lots for the purpose of developing a private residential project with 138 single family detached residential units and 51 patio homes within Planning Area 21 of the MCAS Tustin Specific Plan, generally bounded by Harvard Avenue to the east, Edinger Avenue to the north, the Peters Canyon Flood Control Channel to the west, and Moffett Avenue to the south; B. The Planning Commission recommended that the City Council approve Vesting Tentative Tract 16507 on August 25, 2003, and the City Council approved Vesting Tentative Tract 16507 on September 15, 2003; C. The proposed subdivision is in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan, State Subdivision Map Act, the City's Subdivision Code, and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element; D. That the MCAS Tustin Specific Plan process included public conveyance of approximately 35 acres of City parks and 85 acres of an Urban Regional Park and individual developers were relieved of the requirement to dedicate land for park purposes; however, the developer is required to pay a parkland dedication in-lieu fee subject to the parkland dedication requirements (Tustin City Code Section 9331), which permits a credit for public recreational open space if affordable housing is being provided. The subdivider is providing 1.7 acres of parkland in the proposed subdivision and has requested a waiver of parkland dedication fees pursuant to Section 9931 d. of the Tustin City Code for the 40 affordable housing units to be provided in the subdivision and a credit for a minimum one (1) acre of parkland and park facility improvements that will be Resolution No. 04-103 Page 1 of 4 provided and accessible to the public through public easements on the development site; E. That the proposed subdivision would not have an impact on school district facilities within the Irvine Unified School District in that school impacts for development were considered in the MCAS Reuse Plan and in a 1996 "Agreement between the City of Tustin and Irvine Unified School District Regarding Transfer of School Site and other Mitigation Measures" which identified a school facility site that will be conveyed to the Irvine Unified School District by the Federal Department of Education to serve development of property at the former MCAS Tustin. The Agreement, the MCAS Tustin Specific Plan, and the Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the Irvine Unified School District prior to issuance of certificates of use and occupancy, which will be collected prior to issuance of building permits in accordance with the City's procedures; F. That the site is located in Planning Area 21 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential (1-7 du/acre) development and is physically suitable for the type of development and proposed density of development; G. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, cause serious public health problems, or substantially and avoidably injure fish or wildlife in their habitat; H. The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area dated August 9, 2002; I. The applicant is required to provide funding of the project's fair share of Tustin Legacy backbone infrastructure as required by Disposition and Development Agreement 03-03 approved by the City Council on October 6, 2003; J. All necessary easements and dedications have been shown on the map and associated improvements are approved to be installed; that development of the site would require fee title dedications for corner cut- offs at the intersection of Harvard Avenue and Edinger Avenue and Harvard Avenue and Moffett Avenue, three (3) feet of additional street right-of-way along Harvard Avenue for street widening, and additional right-of-way along Moffett Avenue as may be required for street alignment. There is a reasonable relationship between the need for the Resolution No. 04-103 Page 2 of 4 dedications and the type of development proposed as the dedication area would provide direct benefit to the future residents of the development by providing access to the project and mitigating individual and cumulative traffic impacts as identified in the FEIS/EIR that could be created by development; and, K. That although final subdivision maps are Statutorily Exempt pursuant to Section 15268 of California Code of Regulations, Title 14, Chapter 3, (Guidelines for the California Environmental Quality Act), the City Council adopted Resolution No. 03-112 finding that the project, including the subdivision of land, is within the scope of development evaluated by the Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR), that all potential impacts of the project were addressed by the certified FEIS/EIR, and that no additional impacts have been identified; all applicable mitigation measures in the FEIS/EIR have been included as conditions of approval. II. The City Council hereby approves Final Tract Map 16507 for the subdivision of a 36.84-acre site into 143 numbered lots and thirty-six (36) lettered lots for the purpose of developing a private residential project with 138 single family detached residential units and 51 patio homes, subject to final approval by the City Engineer prior to recordation. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 6th day of December, 2004. fþ/J<{ LOU BONE Mayor ~rnuýQ~ PAMELA STOKER~ City Clerk Resolution No. 04-103 Page30f4 STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) ss I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 04-103 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day of December, 2004, by the following vote: COUNCILMEMBER AYES: RONF T1AVFRT AMANTF HAC',FN KAWASHIMA COUNCILMEMBER NOES: NONE COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: NONE !'i) (0) (0) (0) ~oQ~ PA STOKER City Clerk Resolution No. 04-103 Page 4 of 4