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HomeMy WebLinkAboutZA 97-012/AMEND TTM 15380INDEX APN No.: Lot 27 of Tract 13627 Project No.: ZA Action 97-012 REFERENCE FILES FOR ADDITIONAL DATA: VTTM 15380, FTM 15380, DR 96-050, TTM 15380, GPA 96-003, ZC 96-003 East Tustin Development Agreement Rev 3 Addendum 6 to Final EIR 85-21 Approved/Denied/Withdrawn Date: 11-17-1997 Address: Tustin Ranch Rd on the north & west; Portola Parkway on the south; Jamboree Rd on east 1. ❑ Notice of Discretionary Approval 2. ❑ Agreement to Conditions Imposed 3. ® Resolution(s) / ZA Action 4. Exhibits: ❑ 4 — Plans ❑ 4 — Photos ❑ 4— Samples of Materials 5. ❑ Staff Report(s) /Director's Approval Letter 6. ❑ Environmental Postings 7. ❑ Correspondence 8. ® Legal Notice/Radius Map/ 9. ❑ Title Report Mailing Labels 10. Application: ❑ 10. Campaign Statement ❑ 10. Development Application Form ❑ 10. Environmental Assessment Form INDEX CROSS REFERENCE APN No.: Lot 27 of Tract 13627 Project No.: ZA Action 97-012 RTI N FTM 15380, VTTM 15380, DR 96-050, GPA 96-003 ZA Action 97-012, ZC 96-003, East Tustin Development Agreement Rev 3, Addendum 6 to Re -Certified Final EIR 85-21 Sector Plan 6 with Approved Conditions Location: Tustin Ranch Rd on the north & west; Portola Parkway on the south; Jamboree Road on the east. FOR ELECTRONIC DATA SEE FTM 15380 / DR 96-050 / ZA Action 97-012 1 2 ZONING ADMINISTRATOR ACTION 97-012 AMENDMENT TO CONDITIONS OF APPROVAL 3 NOVEMBER 17, 1997 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 I . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 II. 20 21 22 23 24 25 26 27 28 The Zoning Administrator finds and determines as follows: A. That on July 14, 1997, the Planning Commission adopted Resolution No. 3529 recommending that the City Council approve Vesting Tentative Tract Map 15380. The City Council approved Vesting Tentative Tract Map 15380 on July 21, 1997 by adopting Resolution No. 97-58. B. That Conditions 3.2 and 8.1(P) of Resolution No. 3529 state that landscape maintenance of 'all perimeter lots shall be the responsibility of the Homeowner's Association. C. That the amendment will revise the responsibility of maintenance of the perimeter landscaping Lots C through J and M through P from the Homeowner's Association to the City'S Landscape and Lighting District, consistent with the requirements for the District to maintain landscape adjacent to arterial highways. D. Pursuant to Tustin City Code section 9299b(4) (d), the Zoning Administrator may consider requests for amendments to conditions of approval established by the Planning Commission or City Council which are determined to be minor in nature and do not alter the original intent of' the project. The Zoning Administrator hereby approves an amendment to the Conditions 3.2 and 8.1(P) of Planning Commission Resolution No. 3529 to read as follows: Condition 3..2 "Landscape maintenance of perimeter Lots C through J and M through P shall be the respons'ibility of the Tustin Landscape and Lighting District and shall be equipped with a computerized irrigation system fully compatible with the existing systems currently utilized in other areas of East Tustin, subject to approval of the Director of Public Works Department." Zoning Administration Action 97-012 Page 2 1 2 Condition 8.1(P) 3 4 "Lots C through J and M through P shall be mainta.ined by the Tustin Landscape and Lighting District. Landscape maintenance of all other lettered lots shall be by the Homeowner's Association." 5 6 All conditions of Planning Commission Resolution No. 3529 7 originally approving Tentative Tract Map 15380, with the exception of Conditions 3.2 and 8.1(P), which are superseded 8 by this action, shall remain in full force and effect. 9 10 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 17th day of November, 1997. R:L~ 11 12 13 ~:~y~ Recording Secretary RICK BROWN, C.B.O. Zoning Administrator Designee 16 STATE OF CALIFORNIA 17 COUNTY OF ORANGE CITY OF TUSTIN 18 19 I, BARBARA REYES, the undersigned, hereby certify that I am the 20 Recording Secretary of the Zoning Administrator of the city of Tustin, California; that Zoning Administrator Action No. 97-012 was 21 duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 17th day of November, 1997. 22 23 24 BARBARA RE~ Recording Secretary 25 26 27 28 SUPPORTING DATA REGARDING THE ZONING ADMINISTRATOR'S ACTION ( ZA ACTION 97-012 ) APPROVING AN AMENDMENT TO THE "CONDITIONS OF APPROVAL" RELATED TO THE PLANNING COMMISSION'S RESOLUTION NO. 3529 DATED 7-14-1997 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 ZONING ADMINISTRATOR ACTION 97-012 1MENDMENT TO CONDITIONS OF APPROVAL NOVEMBER 17, 1997 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That on July 14, 1997, the Planning Commission adopted Resolution No. 3529 recommending that the City Council approve Vesting Tentative Tract Map 15380. The City Council approved Vesting Tentative Tract Map 15380 on July 21, 1997 by adopting Resolution No. 97-58. B. That Conditions 3.2 and 8.1(P) of Resolution No. 3529 state that landscape maintenance of all perimeter lots shall be the responsibility of the Homeowner's Association. C. That the amendment will revise the responsibility of maintenance of the perimeter landscaping Lots C through J and M through P from the Homeowner's Association to the City's Landscape and Lighting District, consistent with the requirements for the District to maintain landscape adjacent to arterial highways. D. Pursuant to Tustin City Code Section 9299b(4)(d), the Zoning Administrator may consider requests for amendments to conditions of approval established by the Planning Commission or City Council which are determined to be minor in nature and do not alter the original intent of the project. Il. The Zoning Administrator hereby approves an amendment to the Conditions 3.2 and 8.1(P) of Planning Commission Resolution No. 3529 to read as follows: Condition 3.2 "Landscape maintenance of perimeter Lots C through J and M through P shall be the responsibility of the Tustin Landscape and Lighting District and shall be equipped with a computerized irrigation system fully compatible with the existing systems currently utilized in other areas of East Tustin, subject to approval of the Director of Public Works 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 Zoning Administration Action 97-012 Page 2 Condition 8.1(P) "Lots C through J and M through P shall be maintained by the Tustin Landscape and Lighting District. Landscape maintenance of all other lettered lots shall be by the Homeowner's Association." All conditions of Planning Commission Resolution No. 3529 originally approving Tentative Tract Map 15380, with the exception of Conditions 3.2 and 8.1(P), which are superseded by this action, shall remain in full force and effect. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 17th day of November, 1997. pa, aAt�, RICK BROWN, C.B.O. Zoning Administrator Designee /C� BARBARA REYES Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 97-012 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 17th day of November, 1997. BARBARA REYES Recording Secretary I RESOLUTION NO. 97-58 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECERTIFYING FINAL ENVIRONMENTAL IMPACT 3 REPORT 85-2, AS MODIFIED BY ADDENDUM N0. 6 RELATED TO GENERAL PLAN AMENDMENT 96-003, ZONE CHANGE 96-003, 4 THIRD AMENDMENT OF THE TUSTIN DEVELOPMENT AGREEMENT VESTING TENTATIVE TRACT MAP 15380 AND DESIGN REVIEW 96- 5 050 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 6 The City Council of the City of Tustin does hereby resolve as 7 follows: 8 I. The City Council finds and determines as follows: 9 A. That an application has been'filed by the Irvine Company, requesting approval of General Plan 10 Amendment 96-003, Zone Change 96-003, Amendments to the East Tustin Specific Plan, and Third 11 Amendment to the East Tustin Development Agreement. In addition, an application has been 12 filed by Richmond American Homes requesting approval of Vesting Tentative Tract Map No. 15380 13 and Design Review 96-50. 14 B. That an Initial Study was prepared during the review process which determined that no 15 significant environmental impacts beyond that previously considered would occur as a result of. 16 the proposed project and that an addendum to Environmental Impact Report (EIR) 85-2 would be 17 required for this project. 18 C. That Addendum No. 6 to EIR 85-2 was prepared in compliance with Section 15164 of the California 19 Environmental Quality Act (CEQA). 20 D. That pursuant to CEQA, EIR 85-2 has previously been prepared and certified and adequately 21 addresses the general environmental setting of the project, significant environmental impacts, and 22 the alternatives and mitigation measures related to each significant environmental effect and that 23 no additional environmental impacts or mitigation measures were identified in Addendum No. 6 to EIR 24 85-2. 25 E. That Addendum No.6 to EIR 85-2 prepared for the project addresses only minor technical changes or 26 additions and none of the conditions described in Section 15162 of the CEQA Guidelines have 27 occurred. 28 Resolution No. 97-58 Page 2 1 2 3 II. The Irvine Company shall pay City':s defense costs (including attorneys' fees) and indemnify and hold City 4 harmless from and against any claims, losses, liabilities or damages assessed or awarded,against City 5 by way of judgement, settlement or.stipulation ' (including awards for costs, attorneys' fees, and 6 expert witness fees), arising from actions filed against the: City challenging the City's approval of 7 Addendum No. 6 to EIR 85-2. 8 III. The East Tustin Specific Plan Final Environmental Impact Report (8572), previously certified on March 17, 9 1986, as modified by subsequently adopted supplements and addenda, was considered prior to the City Council 10 approval of this project. The City Council hereby finds: this project is within the scope of the East it Tustin Specific Plan previously approved, the effects of this project, related to grading,.drainage, 12 circulation, public services and utilities, were examined in the.Program EIR, particularly in.the 13 traffic analysis contained in the technical Appendices. of said EIR, as modified by subsequently approved 14 supplements and addenda, and Addendum No. 6 to EIR 85-2 addressing the.proposed amendments incorporated herein 15 by.reference. All feasible mitigation measures and . alternatives developed in the Program EIR, are 16 therefore determined to be adequate to serve as a Program EIR for this project and satisfies all 17 requirements of the California Environmental Quality Act. 18 Applicable mitigation measures identi.fied.in the Final 19 EIR have been incorporated into this project which mitigates any potentially significant environmental 20 effects thereof. The mitigation measures are identified as Conditions of Approval related to the 21 Third Amendment to the East Tustin Development Agreement, Vesting -Tentative Tract Map No. 15380 and 22 Design Review 96-050. 23 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 21st day of July, 19 24 25 Y A. THOMAS MAYOR 26 A/J�AUC1�L (� 27 MELA STOKER CITY CLERK 28 Resolution No. 97-58 Page 3 1 2 STATE OF CALIFORNIA ) 3 COUNTY OF ORANGE ) SS CITY OF TUSTIN ) 4 5 CERTIFICATION FOR RESOLUTION NO. 97-58 6 PAMELA STOKER, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify 7 that the whole _number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution. 8 No. 97-58 was duly adopted'at a regular meeting of the Tustin City Council, held on the 21st day of July, 1997. 9 COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, Potts, Worley 10 COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED:None 11 COUNCILMEMBER ABSENT: None 12 13 PAMELA STOKER CITY CLERK 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JULY 21, 1997 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Thomas at 7:06 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Potts. INVOCATION The Invocation was given by Rev. Christopher Heath, St. Cecilia Is Catholic Church. ROLL CALL Council Present: Jeffery M. Thomas, Mayor Thomas R. Saltarelli, Mayor Pro Tem Mike Doyle Jim Potts Tracy Wills Worley Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager Elizabeth Binsack, Director of Com. Development Steve Foster, Acting Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Martin Pastucha, Field Services Manager Valerie Crabill, Chief Deputy City Clerk Sara Pashalides, Associate Planner Joe Meyers, Administrative Assistant Dave Gottlieb, Senior Project Manager Dan Fox, Senior Planner Bettie Correa, Senior Personnel Analyst Approximately 35 in the audience PROCLAMATIONS 1996 WOMAN OF THE YEAR - JUANITA LOVRET Mayor Thomas read and presented a proclamation honoring Juanita Lovret as the 1996 Woman of the Year. Juanita Lovret accepted the proclamation; remarked on the Tustin landmarks depicted on the proclamation; thanked Council for the recognition; and stated it was an honor to have been recognized for her volunteer work. 1996 MAN OF THE YEAR - DONALD SALTARELLI Mayor Thomas read and presented a proclamation honoring Donald Saltarelli as the 1996 Man of the Year. Donald Saltarelli thanked Council for the proclamation, wished Council continued success and commended them on the remarkable dedication and service they were providing for the City. PACIFIC BELL Mayor Thomas read and presented a proclamation to Pacific Bell for donating $5,500 to help underwrite costs for the 1997 Concerts in the Park. Pam Phelps, Pacific Bell, thanked Council for the proclamation and stated Pacific Bell was pleased to support the Concert Series and pledged sponsorship for future City events. CITY COUNCIL MINUTES Page 2, 7-21-97 ORANGE COUNTY VECTOR CONTROL BY FABIE COMBS Fabie Combs, Vector Control representative, reported that the per property Vector Control 1997/98 assessment would remain at the current rate; presented an informational video program, "The Bug Stops Here"; stated she would continue to report Vector Control information to the City; requested a proclamation recognizing Orange County Vector Control's 50th Anniversary on August 21, 1997; and invited Council to the event. Councilmember Doyle commented on Vector Control's prompt, courteous, and informative response to residents' calls for service. PUBLIC INPUT TUSTIN MEADOWS SIGN INSTALLATION Fabie Combs, representing Tustin Meadows Association, requested installation of a sign structure, to be used for homeowner association information and activities, at the Oxford and Roanoke Avenues entrance to the Tustin Meadows development. Council concurred to refer the matter to staff. CITIZEN COMPLAINT Onnolee Elliott, Tustin, addressed Council regarding a claim she had filed and requested termination of specified employees. Mayor Thomas stated that Council had been listening to the same comments from the speaker for years; the employees referred to - would not be terminated; and unless issues were raised that Council could review, the speaker's remarks were unnecessary. Councilmember Doyle noted his displeasure with the speaker's comments regarding staff and encouraged residents dissatisfied with where they reside to relocate. PUBLIC HEARING (ITEMS 1 THROUGH 2) 1. PUBLIC HEARING TO CONSIDER A FEE ADJUSTMENT FOR SOLID WASTE COLLECTION FOR THE FISCAL YEAR 1997/98 Ronald Nault, Director of Finance, reported that Waste Management had submitted calculations to staff regarding proposed rate adjustments to be placed on the 1997/98 tax roll; explained the fees included in the calculations; stated staff was working with Waste Management to verify the rates; said that a final recommendation would be presented at the August 4, 1997 Council meeting; and noted that the tax roll increase would be approximately 5% annually. Council/staff discussion followed regarding staff's review of the proposed fee increase prior to the next public hearing. Mayor Thomas opened the Public Hearing at 7:43 p.m. There were no speakers on the subject. It was moved by Potts, seconded by Worley, to continue the Public Hearing to the August 4, 1997 Council meeting. Motion carried 5-0. 400-10 2. GENERAL PLAN AMENDMENT 96-003, ZONE CHANGE 96-003, THIRD AMENDMENT TO EAST TUSTIN DEVELOPMENT AGREEMENT AND VESTING TENTATIVE TRACT MAP 15380 (THE IRVINE COMPANY AND RICHMOND AMERICAN HOMES) Sara Pashalides, Associate Planner, reported that the applicants were proposing to change the land use designation for a 31 -acre site located between Jamboree Road, Tustin Ranch Road, and Portola Parkway; a 12 -acre portion of this site would be changed from M� CITY COUNCIL MINUTES Page 3, 7-21-97 commercial use to medium -low residential designation; the remaining 19 acres of the site would be changed from high density residential to medium -low density residential; 162 single-family detached units were proposed on the site; the Third Amendment to the East Tustin Development Agreement would require The Irvine Company to make financial contributions to the City's Park Development Fund and convert and maintain an existing grapefruit orchard to a lemon grove; and the Planning Commission recommended approval of the project and its concept, site and architectural plans. She explained that the proposed change to medium -low density residential would permit a maximum of 310 dwelling units; the land use designation change would decrease traffic due to elimination of the commercial use and the reduction of density for the entire site; the East Tustin Development Agreement amendment provided that Lot 27 would be developed by Richmond American; additional standards were included in the Development Agreement to provide more restrictive development standards than the medium -low density development standards of the East Tustin Specific Plan; and the Development Agreement required that side and rear elevations facing perimeter streets would include additional architectural variety details and enhancement. Mayor Thomas opened the Public Hearing at 7:50 p.m. The following member of the audience spoke in favor of General Plan Amendment 96-003, Zone Change 96-003, Third Amendment to East Tustin Development Agreement and Vesting Tentative Tract Map 15380: Mike LeBlanc, The Irvine Company Mayor Thomas questioned how the developer planned to vary the roof elements. Mel Mercado, Richmond American Homes, responded that a meeting with staff would be scheduled to refine the roof elements and elevations. Council/speaker Mercado discussion followed regarding architectural variety, roof elevations, and setbacks. There were no other speakers on the subject and the Public Hearing was closed at 7:53 p.m. Councilmember Worley stated she residential land use rather than use; remarked on the benefit of the proposed lower density; and orchard would remain. supported single family detached the original proposed commercial the 77% traffic reduction due to stated she was pleased the fruit Mayor Pro Tem Saltarelli noted that The Irvine Company promoted the aesthetic value of homes to their retail builders; commented on the plain architectural style of the 1960s and 1970s; and supported attractive features for the rear of dwelling units viewed from Jamboree Road, the primary entrance to the tract. Mayor Thomas supported an aesthetic architectural view of the tract from Jamboree Road; encouraged landscaping with mature trees; noted the significance of the 77% reduction in traffic; stated this was a good project; and welcomed Richmond American Homes to Tustin. Council/staff discussion followed regarding revised project plans submitted by Richmond American Homes would be reviewed by staff. It was moved by Potts, seconded by Worley, (1) to adopt the following Resolution No. 97-58 recertifying final EIR 85-2 as modified by Addendum No. 6 prepared for this project; (2) to adopt the following Resolution No. 97-59 approving General Plan Amendment 96-003, (3) have first reading by title only and introduction of Ordinance No. 1183; (4) have first reading by title only and introduction of Ordinance No. 1182; and (5) adopt the following Resolution No. 97-73 approving Vesting Tentative Tract No. 15380: CITY COUNCIL MINUTES Page 4, 7-21-97 RESOLUTION NO. 97-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 85-2, AS MODIFIED BY ADDENDUM NO. 6 RELATED TO GENERAL PLAN AMENDMENT 96-003, ZONE CHANGE 96-003, THIRD AMENDMENT OF THE TUSTIN DEVELOPMENT AGREEMENT, VESTING TENTATIVE TRACT MAP 15380 AND DESIGN REVIEW 96-050 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 97-59 - A RESOLUTION OF THE CITY COUNCIL OF THE _ CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 96- 003 TO CHANGE THE LAND USE DESIGNATION OF THE CITY'S GENERAL PLAN LAND USE MAP ON LOT 27, TRACT 13627 WITHIN THE EAST TUSTIN SPECIFIC PLAN AREA RESOLUTION NO. 97-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 15380 LOCATED ON THE SOUTHWEST CORNER OF JAMBOREE ROAD AND TUSTIN RANCH ROAD 615-20 610-60 Motion carried 5-0. fJO-10 600-70 The City Clerk read the following Ordinance Nos. 1183 and 1182 by title only: ORDINANCE NO. 1183 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 96-003 TO CHANGE THE ZONING DESIGNATION AND THE EAST TUSTIN SPECIFIC PLAN LAND USE PLAN ON LOT 27, TRACT 13627 WITHIN THE EAST TUSTIN SPECIFIC PLAN AREA, INCLUDING TEXT AND STATISTICAL SUMMARY REVISIONS TO THE EAST TUSTIN SPECIFIC PLAN ORDINANCE NO. 1182 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT, AS DEFINED BY SECTION 65865.2 OF THE CALIFORNIA GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN AND THE IRVINE COMPANY PERTAINING TO DEVELOPMENT WITHIN THE EAST TUSTIN SPECIFIC PLAN AREA CONSENT CALENDAR (ITEMS 3 THROUGH 12) Item No. 8 was removed from the Consent Calendar by Mayor Thomas. It was moved by Potts, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES - JULY 7, 1997 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 7, 1997. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,338,698.90 and ratify Payroll in the amount of $360,204.30. 380-10 360-82 5. RESOLUTION NO. 97-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE SYCAMORE AVENUE STORM DRAIN AND BLOCK WALL PROJECT BETWEEN NEWPORT AVENUE AND THE SR -55 FREEWAY, AND AUTHORIZING ADVERTISEMENT FOR BIDS (CIP NO. 700149 RDA) Recommendation: Adopt Resolution No. 97-65 approving the plans and specifications for the Sycamore Avenue Storm Drain and Block Wall Project between Newport Avenue and the SR -55 Freeway and authorizing and directing the City Clerk to advertise for bids, subject to approval by the Tustin Community Redevelopment Agency as recommended by the Public Works Department/Engineering Division. 400-45 6. RESOLUTION NO. 97-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "A" STREET AND MOUNTAIN VIEW DRIVE RECONSTRUCTION PROJECTS BETWEEN FIRST STREET AND IRVINE BOULEVARD (CIP NOS. 700145 AND 700146) Recommendation: Adopt Resolution No. 97-72 approving the plans and specifications for the "A" Street and Mountain View Drive reconstruction projects between First Street and Irvine Boulevard and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering CITY COUNCIL MINUTES Page 5, 7-21-97 Division. 400-45 7. AWARD OF CONTRACT FOR THE NEWPORT AVENUE REHABILITATION PROJECT (CIP NOS. 7001260 700129 AND 700153) Recommendation: Declare that Sequel Contractors and Hillcrest Contractors bids are non-responsive and award the Newport Avenue Rehabilitation Project contract to R.J. Noble Company, in the amount of $697,611.55 (the lowest responsive bid) as recommended by the Public Works Department/Engineering-Division. 400-45 9. APPROVAL OF SPECIFICATIONS AND AUTHORI2ATION TO BID FOR HVAC SERVICES Recommendation: Approve the specifications for Heating, Ventilating, Air Conditioning Systems (HVAC) Maintenance and Repair Programs, and authorize staff to solicit bids from qualified vendors to provide this service as recommended by the Public Works Department/Field Services Division. 400-45 10. PROGRESS REPORT ON CEDAR GROVE PARK (PROJECT 400041) AND HERITAGE WAY PARR (PROJECT NO. 400042) Recommendation: Receive and file as recommended by the Community Services Department. 920-05 11. RESOLUTION NO 97-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE INDUSTRIAL DISABILITY OF CHARLES CARVAJAL Recommendation: Approve Resolution No. 97-74 finding and determining the industrial disability retirement of Charles Carvajal as recommended by Personnel Services. 520-60 12. PLANNING COMMISSION ACTION AGENDA - JULY 14, 1997 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of July 14, 1997. 120-50 CONSENT CALENDAR_-1TEM NO. S - APPROVAL OF ADVERTISING BUS SHELTER LOCATIONS PURSUANT TO TUSTIN CITY CODE SECTION 9404 Mayor Thomas requested staff examine transferring bus shelter advertising revenue to the City's Park Development Fund. It was moved by Worley. seconded by Doyle, to approve eleven additional locations proposed for advertising bus shelters Motion carried 5-0. REGULAR BUS3319BB (ITEMS 13 THROUGH 16) 690-35 13. ORDINANCE NO..1184, ADDING CHAPTER 9 TO ARTICLE 5 RELATED TO THE ABATEMENT OF NUISANCE SHOPPING CARTS AND AMENDING SECTION 1132 RELATED TO CITATION PROCEDURES Mayor Thomas noted written comments had been received from the California Grocers Association requesting language modification to Ordinance No. 1184. He stated the ordinance could be amended in the future to accommodate their request if the Council desired. It was moved by Potts. seconded by Saltarelli, to have second reading by title only and adoption of Ordinance No. 1184. The City Clerk read the following Ordinance No. 1184 by title only: ORDINANCE NO. 1184 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 9 TO ARTICLE 5 OF THE TUSTIN CITY CODE RELATING TO THE ABATEMENT OF SHOPPING CART NUISANCE AND AMENDING SECTION 1132 -OF THE TUSTIN CITY CODE Motion carried 5-0 (roll call vote). 440-10 CITY COUNCIL MINUTES Page 6, 7-21-97 14. ORDINANCE NO. 1181, PAINTING OF EXTERIOR MATERIALS USED TO SECURE OPENINGS WITHIN BUILDINGS It was moved by Doyle, seconded by Saltarelli, to have second reading by title only and adoption of Ordinance No. 1181. The City Clerk read. the following Ordinance No. 1181 by title only: ORDINANCE NO. 1181 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 5, PUBLIC SAFETY, CHAPTER 5, PROPERTY MAINTENANCE AND NUISANCE ABATEMENT REGULATIONS AND STANDARDS, SECTION 5502 OF THE TUSTIN CITY CODE Motion carried 5-0 (roll call vote). 440-10 15. SERVICE AUTHORITY FOR THE ABATEMENT OF ABANDONED VEHICLES (SAAV) PROGRAM It was moved by Saltarelli, seconded by Doyle, to authorize the Community Development Department to apply to the orange County Transportation Authority (OCTA) through the service Authority Abandoned Vehicles (SAAV) program for funding for the purchase of a new code enforcement vehicle to support the City's Abandoned Vehicle Program; and to approve appropriation of funds to the Community Development Department Passenger Vehicle Account if the funds are received. Motion carried 5-0. 390-60 16. QUARTERLY INVESTMENT REPORT ENDING JUNE 30, 1997 It was moved by Potts, seconded by Worley, to receive and file subject report. Motion carried 5-0. 355-50 PUBLIC INPUT - None OTHER BUSINESS ADDITION TO CLOSED SESSION AGENDA Mayor Thomas announced that it was necessary to add real property negotiations regarding Marine Corps Air Station, Tustin, as an urgency matter, to the Closed Session Agenda. It was moved by Doyle, seconded by Potts, that an immediate need for action regarding real property negotiations for Marine Corps Air Station, Tustin, came to the attention of staff after posting of the agenda. Motion carried 5-0. It was moved by Potts, seconded by Worley, to add real property negotiations for Marine Corps Air Station, Tustin, to the Closed Session Agenda as an urgency matter. Motion carried 5-0. WASHINGTON, D.C. LEASE NEGOTIATION RESULTS Councilmember Doyle reported that his tirade at the last meeting against the Federal Government due to the failed lease agreement apparently was effective because Council and staff reported their recent trip to Washington, D.C. appeared to have been successful. Councilmember Worley reported she and staff made what appeared to be a successful trip to Washington D.C., and met with elected and military officials regarding resolution of the failed lease agreement, Army Reserve request for housing, Moffett Trenches clean-up, and various other base closure matters. CITY COUNCIL MINUTES Page 7, 7-21-97 ORANGE COUNTY VECTOR CONTROL VIDEO Councilmember Potts noted the importance of Vector Control in the County, but voiced his disapproval with political commentary at the end of Vector Control's video, "The Bug Stops Here." DOGS IN PARRS Mayor Pro Tem Saltarelli requested Council review the ordinance that controls dogs in parks; he had observed dog owners not complying with the leash law and failing to clean-up after their pets at the Tustin Sports Park; and he requested installation of proper signs and the issuance of citations. PUBLIC COMMENTS Mayor Pro Tem Saltarelli noted that all citizens were entitled to address the Council; however, defamation of character and personal attacks against staff would not be tolerated. Mayor Thomas stated he would not allow verbal attacks against staff at future Council meetings. WEED ABATEMENT - JAMBOREE ROAD MEDIAN Mayor Thomas requested median weed abatement on Jamboree Road near the bridge overcrossing. William Huston, City Manager, responded that the median was located in the City of Irvine and staff would forward a request for abatement. TUSTIN THUNDER - AUGUST 1-3, 1997 Mayor Thomas encouraged residents to attend the Tustin Thunder event on August 1-3, 1997. 17TH STREET DESALTER DEDICATION Mayor Thomas encouraged residents to attend the July 22, 1997, 17th Street Desalter dedication ceremony. BUDGET WORKSHOP - AUGUST 4, 1997 Mayor Thomas suggested Council conduct a budget workshop on August 4, 1997, at 5:30 p.m. Council concurred. JOINT MEETING - TUSTIN UNIFIED SCHOOL DISTRICT Mayor Thomas suggested Council host a joint meeting with the Tustin Unified School District Board on September 29, 1997, and requested staff forward a letter of invitation to the Board. COMMITTEE REPORTS - None CLOSED SESSION Mayor Thomas announced that the City Council shall convene in closed session to confer with the City Attorney regarding: (1) pending litigation to which the City was a party; W.D. Franks vs. City of Tustin, et. al. (WCAB-AHM 0040436); (2) the claims of Gloria Young, Claim No. 97-26 and D.S. Richards (Claim No. not assigned); and (3) real property negotiations on interim leasing and ultimate land sale between the U.S. Navy, City of Tustin, and HON HAI/FOX CONN for property defined as Planning Area No. 11 on the MCAS Tustin site in the vicinity of Red Hill Avenue and Barranca Parkway pursuant to Government Code Section 54956.8, the negotiations concern price and other terms of the proposed lease and sale. Mayor Thomas adjourned the meeting at 8:20 p.m. The City Council scheduled a budget workshop on August 4, 1997, at 5:30 p.m.; and the next regular meeting of the City Council was scheduled for Monday, August 4, 1997, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. CITY COUNCIL MINUTES Page 8, 7-21-97 CLOSED SESSION It was move and seconded to deny the claim of Gloria Young, Claim No. 97- 26, and direct the City Clerk to send notice to the claimant and the claimant's attorney. Motion carried 5-0. JEWAM Jr. THOMAS v LA STOKERr CITY CLERK 1 RESOLUTION NO. 3529 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL 3 APPROVE VESTING TENTATIVE TRACT MAP NO. 15380 LOCATED ON LOT 27, TRACT 13627. 4 The Planning Commission of the City of Tustin does hereby 5 resolve as follows: 6 I. The Planning Commission finds and determines as 7 follows: 8 A. That Vesting Tentative Tract Map No. 15380 was submitted to the Planning Commission by Richmond 9 American Homes, Inc. for consideration; 10 B. That a public hearing was duly called, noticed and held for said map on July 14, 1997 by the 11 Planning Commission; 12 C. That Environmental Impact Report 85-2, as modified by Addendum # 6 for the East Tustin 13 Specific Plan, has been recommended for certification in conformance with the 14 requirements of the California Environmental Quality Act for the subject project; 15 b. That General Plan Amendment 96-003, Zone Change 16 96-003 and third Amendment to. the East Tustin Devleopment Agreement have been recommended for 17 approval so that the proposed subdivision will be in conformance with the Tustin Area General Plan, 18 adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains 19 to the development of single-family dwellings; 20 E. The 1.6524 acres of parkland required for this development was previously dedicated with 21 recordation of Tract 13627; . 22 F. That the City has reviewed the status of the School Facilities Agreement between the Irvine 23 Company and the Tustin Unified School District, for the'impact of Vesting Tentative Tract 15380 24 on School District facilities, and changes in State law. The impacts associated with this 25 approval on School District Facilities are adequately addressed; 26 G. That the site is physically suitable for the type 27 of development proposed; !3: 0 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. 3529 Page 2 H. That the site is physically suitable for the proposed density of development; I. That the design of the subdivision or the proposed improvements are not likely to cadse substantial environmental damage or substantially and avoidably injure fish .or wildlife. in their habitat; J. That -the design of the subdivision or the type of improvements proposed will not conflict with. easements acquired by the public, for access through or use of the property within the proposed subdivision; K. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; and, L. The project has been determined to be exempt from the provisions of Measure "M" because entitlements specified in the East Tustin Development Agreement entered into in 1985, and the estimated project generated traffic does not cause the roadway system to exceed established levels of service standards. M. That the proposed dedication of additional right- of-way on Jamboree Road is necessary to satisfy the mitigation measures included in EIR 85-2 as it relates to the required circulation plan. II. The Planning Commission hereby recommends that the City Council approve Vesting Tentative Tract Map No. 15380, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED Planning Commission, at a regular meeting of the Tustin held on the 14th d of July, 1997. LOU BONE Chairman BARBARA REYES Recording Secretary 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 M Resolution No. 3529 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3529 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of July, 1997. B�ARA REY- E Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 15380 RESOLUTION NO. 3529 CONDITIONS OF APPROVAL GENERAL (1) 1.1 Within 24 months from tentative map approval, the Subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) 1.2 Prior to release of building permits, all conditions of approval of Design Review 96-050 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3528 and incorporated herein by reference. However, the applicant will be permitted to obtain building permits for model home construction prior to approval of a final map provided approvals have been obtained from the Community Development, Public works and Fire Departments. (1) 1.3 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development Agreement (and amendments thereto), EIR 85-2, and applicable conditions for Tentative Tract Map 13627. (1) 1.4 The cumulative number of residential units for which (2) certificates of occupancy may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in'the East Tustin Specific Plan Development Agreement. (5) 1.5' The subdivider shall be required to execute Subdivision/ Monumentation Agreements and provide improvement /monu- mentation Bonds to the City prior to recordation of the final map. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC.POLICY (4) DESIGN REVIEW *** EXCEPTION. Exhibit A Resolution No. 3529 Page 2 (1) 1.6 Prior to final map approval, the subdivider'shall submit: A. A current title report; B. A duplicate mylar of the Final Map, or 8% inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance; and C. A list of street names to be approved by. the City of Tustin Street Naming Committee. (4) 1.7 'Approval of Vesting Tentative Tract Map 15380 is contingent upon the execution of the Third Amendment to the East Tustin Development Agreement and approval of General Plan Amendment 96-003 and Zone Change 96-003 by the City Council. (1) 1.8 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 2.1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and construct or post security (3) guarantying construction of all public and/or private, (6) infrastructure improvements within the boundary of said tract map in"conformance with applicable City standards, including but not limited to the following: A. Curb and gutter/cross gutters B. Sidewalks including access facilities for physically handicapped persons C. Drive aprons/approach D. Street paving E. Street signing F. Landscaping/irrigation facilities G. -Sanitary sewer service facilities H. Domestic water service facilities I. Reclaimed water service facilities J. Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities) K. Traffic signal systems and other traffic control devices L. Street and paseo lighting M Exhibit A Resolution No. 3529 Page 3 M. Storm drains and subdrains, the storm drain facilities within this tract will be private drains to be maintained by the Homeowner's Association.. N. Undergrounding of existing and proposed utility distribution lines O. Lot monumentation P. Fire hydrants The above plan shall. be prepared by a California Registered Civil Engineer. In addition, prior to the issuance of any permits, the developer shall submit a 24" x 36" reproducible work area traffic control plan, prepared by a California Registered Traffic Engineer or Civil Engineer experienced with this type of plan preparation. (1) 2.2 The amount of acceptable security for construction of (5) public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. (1) 2.3 A separate 24" X 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all 'construction within the public right-of-way. All construction shall be referenced to applicable City, County, or Irvine Ranch Water District standard drawing numbers. Said plan shall include, but not be limited to the following: 1. Curb and gutter 2. Sidewalks, including curb ramps for the physically modifications drain laterals/connection to system. In addition, a..24" X 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. (5) 2.4 The street improvement plan shall also include striping and signing plans to modify existing striping on Tustin Ranch Road, Portola Parkway'and Jamboree Road. disabled 3. Drive aprons 4. All signing/striping 5. Street paving 6. Street lights 7. Catch basins/storm existing storm drain modifications drain laterals/connection to system. In addition, a..24" X 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. (5) 2.4 The street improvement plan shall also include striping and signing plans to modify existing striping on Tustin Ranch Road, Portola Parkway'and Jamboree Road. Exhibit A Resolution No. 3529 Page 4 (1) 2.5 All changes in existing curbs, gutters, sidewalks (5) and other public improvements shall be the responsibility of subdivider. (1) 2.6 Preparation of plans for and construction of: (2) (5)" A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a 'gravity flow system per standards of the Irvine Ranch Water District. B. A domestic water system must be designed and installed to the standards of the Irvine Ranch Water District or City of Tustin Water Department, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform.to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall meet the standards as required by the Irvine Ranch Water District. C. Sewer and water facilities shall be clearly indicated as publicly maintained. Maintenance access to water facilities shall be the responsibility of the Homeowner's Association, and accommodations for such access shall be established prior.to building permit issuance. (1) 2.7 Proposed streets shall be designed to the following (5) specifications: (6) A. All proposed streets and drives shall be designed in substantially the same width and. alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. B. All streets shall be constructed in accordance with City requirements in terms of type and quality of materials used where practical. Exhibit A Resolution No. 3529 Page 5 C. Parking shall be prohibited within cul-de-sacs, curves and along entry Streets "A" and "G". Signage and/or red curbing shall be installed where appropriate. (1) 2.8 Existing sewer, domestid water, reclaimed water and storm drain service laterals shall be utilized. (5) 2.9 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CARD) format. The acceptable formats shall be Integraph DGN or Autocad DWG file format, but in no case less than DXF file format. The City of Tustin CADD conventions shall be followed in preparing plans in CADD, and these guidelines are available from the Engineering Division. The CADD files shall be submitted to the City at the time the plans are approved, and updated CARD files reflecting "as built" conditions shall be submitted once all construction has been completed. (5) 2.10 The Subdivider shall submit two (2) copies of the Notice of Intent for the NPDES construction permit, as submitted to the State of California Water Resources Control Board (one copy to Community Development Department/Building Division and one to the Public Works Department/Engineer- ing Division). (5) 2.11 An additional typical section for Jamboree Road will need to be shown on the tentative map for the area of the street widening. (5) 2,12 Existing utility/storm drain service laterals will need to be utilized for this development The proposed storm drain lateral -from the end of the cul-de-sac of Street "C" to the existing 18" storm drain on Jamboree Road will not be permitted. The proposed storm drain will need to be located in the lettered lots "E" and "F" and connected to the proposed storm drain in Lot "E" from the end of the cul-de-sac of Street "B". Exhibit A Resolution No. 3529 Page 6 (5) 2.13 Additional detail is needed with respect to the drainage through the intersection of Street "A" at Portola Parkway. It appears that execution of a drainage agreement may be required - (5) 2.14 The entry area detail shown on the conceptual landscape plan needs to be modified as follows: • The median nose needs to be located 15' behind the M delta of the curb returns. • The call box needs to be relocated to provide a minimum 60' of stacking distance between the call box and the crosswalk at the intersection. • Identify if this detail is typical for both entry areas. DEDICATIONS/RESERVATIONS/EASEMENTS (1) 3.1 The subdivider shall satisfy dedication and/or (2)reservation requirements as applicable, including but not - (5) limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other agencies. (1) 3.2 Landscape maintenance of all perimeter lots shall be the (5) responsibility of the Homeowners Association. (5) 3.3 Dedication of an additional five feet of street right-of- way along the Jamboree Road frontage from Portola Parkway to approximately 650 feet northerly of Portola Parkway and tapering from that point and joining the existing right -of way line at approximately 950 feet northerly of Portola Parkway. This dedication is required in order to provide for a consistent three 12' wide southbound travel lanes, an 8' wide bike lane and a 9' wide parkway along this frontage. Exhibit A Resolution No. 3529 Page 7 CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 4.1 Prior to recordation of the final map, subdivider shall (2) post with the Community Development Department a minimum (5) $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City appearance of public streets, an additional incremental .deposit will be required. (1) 4.2 Any damage done to existing street improvements and (5) utilities shall. be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1)' 4.3 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. (5) 4.4 The developer will be required to construct the following improvements along the Jamboree Road frontage: a) widen the westerly side of Jamboree Road to provide for a consistent three 12 foot wide southbound travel lanes, 8 foot wide bike lane, 9 foot wide parkway including sidewalk within the limits stated in Item No. 3.3 above. b) All traffic signal, signing and striping modifications, median nose modification on Portola Parkway at Jamboree Road, as well as storm drain, street lights, and utilities modification required along Jamboree Road as a result of the Jamboree Road street widening. (5) 4.5 The developer will be responsible for all costs associated with modifications to the traffic signal/interconnect at Tustin Ranch Road and Pioneer Way along with all signing/striping modifications and any required intersection modifications. (5) 4.6 If this development occurs after the Assessment District installs the traffic signal at Portola Parkway and the entrance to the parksite, the developer will be responsible for all costs associated with modifications to the traffic signal/interconnect along with all signing/striping modifications and any required intersection modifications. Exhibit A Resolution No. 3529 Page 8 GRADING/GENERAL (1) 5.1 Prior to issuance of grading permits: (2) (5) A. A detailed soils engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City grading requirements, and all other applicable State and local laws, regulations and requirements. B. The applicant shall submit a grading plan subject to approval by the Department of Community Development delineating the following information: 1. Methods of drainage in accordance with all applicable City standards. 2. Recommendations submitted and approved by a geotechnical or soils engineer. 3. Compliance with conceptual grading shown on tentative tract map. 4. A drainage plan and necessary support documents, such as hydrology calculations, to comply with the following requirements: a. Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe'from inundation from rain fall which may be expected from all storms- up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow and ponding. C. Provision of drainage facilities to protect the lots from any high velocity scouring action. d. Provision for tributary drainage from adjoining properties. Exhibit A Resolution No_ 3529 Page 9 5. All flood hazard areas of record. 6. A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. 7. A note shall be placed on the plans that a qualified paleontologist/archaeologist, as appropriate shall be present during rough grading operations. If resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/ archaeologist subject to review and approval by the Departments of Public works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/ archaeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. C. The applicant shall prepare a sedimentation and erosion control plan for all construction work related to the subject Tract including a method of control . to prevent dust and windblown earth problems. ,Said plan shall be reviewed and approved by the Community Development Department. D. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. All construction access shall be through either Street "A" or Street "G" as no other temporary construction access will be permitted. E. The applicant shall prepare a hydrology and hydraulic calculations for this subject tract. Said plan shall be reviewed and approved by the Public Works Department. (1) 5.2 All -earthwork shall be performed in accordance with the (3) .- City of Tustin Municipal codes and grading requirements. Exhibit A Resolution No. 3529 Page 10 (1) 5:3 Prior to the recordation of a final map, the applicant (5) shall submit for approval by the Community. Development and Public Works Departments, a Water Quality Management Plan (WQMP) that identifies the application and incorporation of those routine structural and non- structural Best Management Practices (BMPs) and detailing implementation of the BMPs not dependent on specific land uses. (1) 5.4 Prior to issuance of grading, grubbing and clearing or (5) paving permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Storm water Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this has been obtained shall be submitted to the Building official. FIRE DEPARTMENT (5) 6.1 Prior to the recordation of a subdivision map, the subdivider shall submit water improvement plans to the Fire Chief for review and approval to ensure adequate fire protection and financial' security is posted for the installation. The water system design, location of Valves, and the distribution of the fire hydrants will be evaluated and approved by'the Fire Chief. (5) 6.2 Prior to the recordation of any subdivision map or the issuance of any building permits, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether. it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (5) 6.3 Prior to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the City. The deed restrictions shall contain provisions which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications, such .as speed bumps, control gates or other changes within said easement. Exhibit A Resolution No. 3529 Page 11 (5) 6.4 Prior to issuance of any grading -permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with, the Manager and Traffic Engineering. The plans shall include the plan view, sectional view and indicate the width of the street or court measured from flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when dead-end street exceeds 150 feet or when other conditions require it. (5) 6.5 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the location of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. (5) 6.6 Prior to the issuance of the certificate. of use and occupancy, the approved fire lane marking plan shall be installed. The CC&R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (5) 6.7 Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for fire fighting purposes will be placed on the site. An all weather fire access road shall be in place and operational as .required by the Uniform Fire Code -before any combustible materials are placed on the site. (5) 6.8 Prior to the issuance of building permits, an Orange County Fire Authority. Water Availability form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. Exhibit A Resolution No. 3529 Page 12 (5) 6.9 Prior to the issuance of building permits, the applicant shall submit a Fire Safety Site Plan for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety Site/Architectural notes to be placed on the plans. (5) 6.10 Prior to the issuance of any building permits on those lots(s)/parcel(s) determined applicable by the Fire Chief, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation.- This system shall be operational prior to the issuance of a certificate of use and occupancy. (5) 6.11 Prior to the issuance of certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating their locations on the street or drive, per the Orange County Fire Authority Standard, and approved by the Fire Chief. On private property these pavement markers are to be maintained in good condition by the property owner. (5) 6.12 Prior to the issuance of any grading. permits, the applicant shall submit and obtain the Fire Chief's approval of the construction details for any access gate. Contact the Orange County Fire Authority Plan Review Section at (714) 744-0403 for a copy of the "Guidelines for Fire Authority Emergency Access." NOISE (1) 7.1 Prior to the issuance of any -building permits: (2) (3) A. A final acoustical, analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. Exhibit A Resolution No. 3529 Page 13 All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. B. Due to the project's close proximity to the Browning Corridor, said study shall provide information on single event noise measurements as generated by helicopter flyovers for information purposes only. (1) 7.2 Prior to issuance of any Certificates of Use or (2) Occupancy, field testing in accordance with the Title 25 (3) regulations may be required by the Building Official to verify compliance with STC and IIC design standards: (1) 7.3 All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance, and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturdays, unless otherwise determined by the Building Official. (1) 7.4 Construction hours shall be clearly posted on the site to the satisfaction of the Building Official.' CC&R'S (1) 8.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after recordation. CC&R's shall include but not be limited to the following provisions: Exhibit A Resolution No. 3529 Page 14 A. The City shall be included as a party to the CC&R's for enforcement purposes of -those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&R's. B. The requirement that association bylaws be established. C. Provisions for effective -establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails) and paseos. D. Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. E. Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. F. Maintenance standards shall ' be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: 1_ All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris and weeds. All trees and shrubs shall be trimmed .so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. Exhibit A Resolution No_ 3529 Page 15 2. All private roadways, sidewalks and paseos shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel ways should be removed or repaired promptly. In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times. 3. Common. areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property may also be added as alternative language. G. Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. H. Residents shall not store or park any non -motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking space, driveway or private street area except for purpose of loading, unloading,. making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. There shall be no parking of any kind on driveways that are less than 19 feet in length. I. A total of 324 parking spaces shall be permanently maintained at a rate of two garage spaces per each dwelling unit. An additional minimum of 162 unassigned guest spaces (on -street or on third -car driveway area) shall also be permanently provided. Exhibit A Resolution No. 3529 Page 16 J. Individual .units shall not have separate external television and radio antennas. Either a central antenna shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be prewired and served by an underground cable antenna service provided by a company licensed to provide such service within the city. K. All utility services serving the site shall be installed and maintained underground. L. The Association shall be required to file the names, addresses, and telephone numbers of at least one member. of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. M. Disclosure information related to aircraft noise - impacting the subdivision, as approved by the City of Tustin Community Development Department. N.. The Association shall be responsible for establishing and following procedures for providing entry gate access to the public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. O. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall (include if the wall is located on private property) or other CC&R provisions in which 'the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the - common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. P. Maintenance of Lots A through JJ shall be by the Homeowners Association. Exhibit A Resolution No. 3529 Page 17 Q. Disclosure to all future homeowners and purchasers of property that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner's unit, and that the City of Tustin makes no claim, warranty or guarantee that views from. any unit will- be preserved as development of surrounding properties occurs. R. Maintenance of all slopes and drainage devices on individual lots within fenced yard areas shall be the responsibility of the individual property owner. S. Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement. T. Individual property owners shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be able to be parked within the required garage spaces. U. Disclosure.to all future homeowners and purchasers of property that E1 Toro Marine Base .may be developed with a commercial airport which may effect the project with aircraft overflights. V. Disclosure to all future homeowners and purchasers of property that any use of the individual residences for a business shall be subject to the City's requirements for a Home Occupation Permit. HOMEBUYER NOTIFICATION (1) 9.1 Prior to issuance of Certificate of Occupancy: A. A document separate from the deed shall be prepared which will be an information notice to future homebuyers of aircraft noise impacting the subdivision. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. Exhibit A Resolution No_ 3529 Page 18 B. The developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicate: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). (2) Advice to homebuyers that proposed school sites may never be constructed. C. The Subdivider shall provide the City with a statement which must be signed by each homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development, including the Eastern Transportation Corridor. - D. The developer shall provide the City with an information notice to future homeowners of lots that have above ground utilities or structures (such as light standards and fire hydrants) located within a public utility easement identifying the type of structure and their locations. E. The developer shall provide the City with 'an information notice, as approved by the City Attorney, indicating that .E1 Toro Marine Base may be developed with a commercial airport which may effect the project with aircraft overflights. F. The developer shall provide the City with an -informational notice, as approved by the City Attorney, indicating that any use of the individual residences for a business shall be subject to the .City's requirements for a Home Occupation Permit. (1) 9.2 Subdivider shall notify all potential homebuyers of -the (5) following liens and Assessment/Maintenance Districts affecting the property: A. Reassessment District No. 95-2 B. City of Tustin Landscaping and Lighting District as amended. -- n m1,�r 1-1,u ,,,-.,�c.,t- , � l..r.>e-e.i ...; ♦1.: ,, > Mel l., v.,...., Exhibit A Resolution No. 3529 Page 19 FEES (1) 10.1 Prior to recordation of any final map, Subdivider shall pay plan check and inspection fees for all public and/or private infrastructure improvements within the City's responsibility excluding those financed by an Assessment District. (1) 10.2 Prior to recordation of the final map, the Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to Reassessment District No. 95-2. (1) 10.3 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in . effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. Grading plan check and permit fees to the Community Development Department. C. New development fees to the Community Development Department. D. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. E. Major thoroughfare and bridge fees to the Tustin Public Works Department. F. Water and sewer connection fees to the Irvine Ranch Water District. Exhibit A Resolution No_ 3529. Page 20 (1) 10.4 All properties within the subject map will be subject to Reassessment District 95-2 fees to be determined as a result of land use change. The subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to Reassessment District 95-2 as a' result of the subdivision. (1) 10.5 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the -California Environmental Quality Act could be significantly lengthened. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver, to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. M I N U T E S TUSTIN PLANNING COMMISSION CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: Commissioners REGULAR MEETING JULY 14, 1997 w•ew• 7:00 p.m., City Council Chambers Commissioner Vandaveer Rev. Kathy Sizer Present: Lou Bone, Chairman David Vandaveer Steve Kozak Howard Mitzman Leslie Pontious Staff Present: Elizabeth Binsack, Community Development Director Daniel Fox, AICP, Senior Planner Lois Bobak, Deputy City Attorney Doug Anderson, Traffic Engineer Bradley Evanson, Assistant Planner Sara Pashalides, Associate Planner Barbara Reyes, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) CONSENT CALENDAR: (ALL MATTERS LISTED UNDER THE CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of the June 23, 1997 Planning Commission Meeting. Commissioner Pontious moved Vandaveer seconded, approval of the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 2. Conditional Use Permit 96-034(A APPLICANT: ABILITY PLUS SCHOOL MS. BETH MC DADE 333 SOUTH PROSPECT AVENUE ORANGE, CALIFORNIA 92859 OWNERS: NANCY F. FEINSTEIN 7665 E. SILVER DOLLAR LANE ANAHEIM, CALIFORNIA 92808 ARTHUR R. SMITH 5591 CLUB VIEW DRIVE YORBA LINDA, CALIFORNIA 92886 (VACANT LOT/PLAYGROUND SITE) LOCATION: 200 AND 220 EL CAMINO REAL ZONING: CENTRAL COMMERCIAL - PARKING OVERLAY (C2 -P) CULTURAL RESOURCES OVERLAY Planning Commission Minutes July 14, 1997 Page 2 ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1, MINOR ALTERATIONS TO EXISTING PRIVATE FACILITIES) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO ESTABLISH A KINDERGARTEN THROUGH EIGHTH GRADE SCHOOL FOR GIFTED AND ABOVE-AVERAGE STUDENTS Recommendation That the Planning Commission adopt Resolution No. 3532, approving Conditional Use Permit 96-034(A). Presentation: Bradley J. Evanson, Assistant Planner The Public Hearing opened at 7:07 p.m. Commissioner Bone asked if the parking, noise level and open space conditions were the same as those approved for Edgewood School and if there was a signed lease. Bradley Evanson affirmed that the conditions were the same and that there is a signed lease. Beth McDade, Executive Director of Ability Plus School, said she read the staff report and will comply with the conditions. Paul H. Parilla, attorney for Ability Plus School, requested approval of the Conditional Use Permit with the (A) subdivision so that the two permits could run concurrently. Commissioner Bone asked the number of students in each of the grade levels. Beth McDade stated there are now 50 students with an estimate to 65 with September enrollment. The student breakdown includes: Kindergarten - 14, First grade - 16, Second grade - 6, Third grade - 11, Fourth grade - 7, Fifth grade - 3, Sixth grade - 2, Seventh grade - 2 and Eighth grade - 2. David Ure, adjacent property owner of 250 E1 Camino Real and 195 "C" Street, stated that the subject property is sandwiched between the two properties which he owns. His two properties have adequate parking and his tenants also enjoy the available street parking. The building at 250 E1 Camino Real is fully occupied and the 90 available parking spaces are used to the maximum with 15 of those spaces for the use of 220 E1 Camino Real. The front portion of 220 E1 Camino Real is occupied by a hair salon which requires 11 parking spaces, leaving only 4 spaces for the school. Using the spaces at Stevens Square is not practical and he believes school staff will use street parking. The property owner constructed a parking lot on the vacant lot with 8 spaces which has been represented as the loading and unloading area; however, there are picnic tables in the parking lot. He stated that he believes the enrollment capacity of Ability Plus is 78 students and that his tenants are not being considered. His tenants have also raised concern about the noise which the school will create. Beth McDade stated that the picnic tables have been stored temporarily in the parking lot because they could not yet be placed on the newly planted sod. She noted that Ability Plus has not requested 78 students. Commissioner Kozak asked where the number 78 came from. Beth McDade stated she did not know. She felt confident that the parking is workable. Planning Commission Minutes July 14, 1997 Page 3 Darran Jones, 14251 Clarissa Lane, stated that his sons attend Ability Plus School. He stated that the parking will not be a problem since students are dropped off and picked up at different times during the day. Bill Greenwalt, on the Board of Ability Plus School, stated that arguments against use of the property by Ability Plus would hold equally true for any tenant occupying the property where the parking requirements are the same. He stated that Mr. Ure's attorney, Cameron Darby, suggested at a prior hearing that the owner provide additional parking on the vacant lot as a solution to the parking problem. Thomas Penna, owner of Salon Gallery at 220 E1 Camino Real, stated that his business does not use the 11 required parking spaces at any given time and he is in full support of the permit. Commissioner Vandaveer asked for clarification of the number of spaces required for the school. Bradley Evanson stated that at the original approval of the building in 1976 nine spaces were set aside at the Stevens Square facility. There were also 17 spaces set aside in the adjacent parking, which was amended reducing the parking spaces to 15. The property owner developed eight designated spaces on the vacant lot providing a total number of parking spaces for any use at 220 E1 Camino Real to 32. Not counting the street parking, the salon takes 11 spaces and the school 16 leaving an excess of five spaces. Commissioner Pontious complimented the property owner for providing the additional parking spaces on the vacant lot and believed that Condition 2.4 provides a way to solve concerns regarding noise and traffic. The Public Hearing closed at 7:26 p.m. Commissioner Pontious moved, Vandaveer seconded, to adopt Resolution No. 3532, approving Conditional Use Permit 96-034(A) amended as follows: Condition 1.5 shall read, "The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project." Motion carried 5-0. 3. General Plan Amendment 96-003, Zone Change 96-003, Third Amendment to East Tustin Development Agreement, Vesting Tentative Tract May 15380 and Design Review 96-050. APPLICANT: RICHMOND AMERICAN HOMES, INC. 17310 RED HILL, #320 IRVINE, CA 92714 ATTN: MR. MEL MERCADO OWNER: THE IRVINE COMPANY P.O. BOX I NEWPORT BEACH, CA 92658-8904 ATTENTION: MR. DAVID CONLEY LOCATION: LOT 27 OF TRACT 13627; WEST SIDE OF JAMBOREE ROAD, BETWEEN TUSTIN RANCH ROAD AND PORTOLA PARKWAY ZONING: MEDIUM-HIGH DENSITY RESIDENTIAL AND GENERAL COMMERCIAL - EAST TUSTIN SPECIFIC PLAN (ETSP) Planning Commission Minutes July 14, 1997 Page 4 ENVIRONMENTAL STATUS: ADDENDUM NO. 6 TO FINAL ENVIRONMENTAL IMPACT REPORT 85-2 (EIR 85-2) HAS BEEN PREPARED FOR THIS PROJECT PURSUANT TO SECTION 15164 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST:. A. General Plan Amendment 96-003 (The Irvine Company) -A request to change the Land Use Designation on the City's General Plan Land Use Map on a 12 -acre portion of the property located at the northwest corner of Jamboree Road and Portola Parkway from Planned Community Commercial Business to Planned Community Residential. B. Zone Chanae 96-003 (The Irvine Company) -A request to: 1. Change the Zoning Designation on the City's Zoning Map on a 12 -acre portion of the property located at the northwest corner of Jamboree Road and Portola Parkway from Planned Community Commercial to Planned Community Residential; 2. Change the Land Use Designation on the East Tustin Specific Plan Land Use Plan on a 19 -acre portion of the property located at the southwest corner of Jamboree and Tustin Ranch Roads from Medium -High Density Residential, and on a 12 -acre portion of the property located at the northwest corner of Jamboree Road and Portola Parkway from General Commercial to Medium -Low Density residential which would allow up to 10 dwelling units per acre; and 3. Amend the East Tustin Specific Plan text and statistical summaries to reflect the above noted changes to provide consistency between the Land Use Map and the text of the Specific Plan document. C. Third Amendment to the East Tustin Development Agreement (The Irvine Company) - A request to amend the East Tustin Development Agreement to: 1. Provide that Lot 27 will be developed with a single-family detached residential project; 2. Convert the existing grapefruit orchard into a lemon orchard on Lot 23 of Tract 12870 and maintain the orchard for a minimum of five years; and, 3. Make a financial contribution to the East Tustin Park Development Fund. D. Sector Plan (The Irvine Company) - A request to approve a conceptual site access, circulation and landscaping plan for Sector 6 of the ETSP. E. Vestina Tentative Tract Map 15380 and Design Review 96-050 (Richmond American) - A request to subdivide the 31 -acre site into 162 numbered and 19 lettered lots for the purpose of constructing 162 single-family dwellings. Planning Commission Minutes July 14, 1997 Page 5 Recommendation That the Planning Commission: 1. Adopt Resolution No. 3525 recommending that the City Council recertify final EIR 85-2 as modified by Addendum No. 6 prepared for this project; 2. Adopt Resolution No. 3526 recommending that the City Council approve General Plan Amendment 96-003; 3. Adopt Resolution No. 3527 recommending that the City Council approve Zone Change 96-003; 4. Adopt Resolution No. 3528 approving Design Review 96-050; and, 5. Adopt Resolution No. 3529 recommending that the City Council approve Vesting Tentative Tract Map 15380. 6. Provide input to the City Council on the Third Amendment to the East Tustin Development Agreement. Presentation: Sara Pashalides, Associate Planner Sara Pashalides distributed colored photo booklet examples of the types of architecture existing along Tustin Ranch Road for the Commission's consideration. Two existing projects, La Montana and E1 Dorado, facing onto Pioneer Road do not have as much architectural relief and detail on their rear elevations. The Director noted in response to questions by the Commission that Lot 23 is owned by the City. Staff views the grafting from grapefruit to lemon trees and the maintenance of the trees for five years as a financial benefit to the City. Commissioner Bone asked what staff was looking for as input to the City Council on the Third Amendment to the East Tustin Development Aareement as noted in recommendation No. 6. The Director stated that the Planning Commission does not enter into development agreements but this development agreement goes hand in hand with the discretionary applications being considered. If there was Commission concern of a significant departure from the development agreement proposed, the Commission should recommend changes. Commissioner Kozak inquired what the issue of a conversion from grapefruit to lemon trees had to do with the Third Amendment to the East Tustin Development Agreement. The Director stated that in response to staff concerns on the change in land use from commercial to residential and the loss of recurring revenues, The Irvine Company developed the reports attached to the staff report and proposed providing $100,000 toward the park improvement fund and offered the maintenance of the trees for five years. The developer and the City entered into an agreement for the maintenance of the trees when the City accepted the land in fee. Thereafter either party could discontinue the agreement. The Irvine Company no longer wishes to maintain the grapefruit trees. It is a benefit to the City to have the knoll of citrus in the park and for the grove to be converted into a potentially viable fruit crop. Commissioner Kozak asked if it were correct that Lot 23 was to be developed as a park. The Director stated that is the planned use of the site although there is not current funding for park improvements. Daniel Fox, Senior Planner, stated that the park has always been envisioned to be more of a cultural/community center rather than a recreationally active type park. Commissioner Kozak asked if the $100,000 would be used for development or improvement of that park. Planning Commission Minutes July 14, 1997 Page 6 The Director stated that the City Council would designate where the funds would be focused but funds should be used for the East Tustin area as included in the development agreement. Commissioner Bone asked why the $100,000 was for the East Tustin Specific Plan area only when there was a general park fund. Since Tustin is one City he did not realize that certain.sections of the City had different types of parks and he does not like seeing funds split up for specific parts of the City. The Director stated that this $100,000 proposal was to go for a focus toward improving parks in East Tustin and there are other funding mechanisms for parks throughout the community. Community Development Block Grant funds have been used in some of the older parks but grant funds cannot be used for East Tustin. Commissioner Pontious stated that using the $100,000 funding for East Tustin frees up other funds in the general fund. She does not see this as a problem since Council will make decisions based on the needs throughout the City. Commissioner Bone asked if there had been any input from any of the residents in the East Tustin area. The Director stated that public notices were provided and that Mr. LeBlanc of The Irvine Company could specifically address that issue. Commissioner Kozak asked what the $100,000 would provide for the park at Lot 23 and with approval of the Third Amendment would some park facilities come on line faster. The Director stated that there were other parks proposed to come on line sooner that have a higher priority. She stated she would provide a report for the Commission on what priority Council has set as far as parks are concerned. Daniel Fox stated that the Tree Park site is ready to begin construction and this money could be used to supplement that contract. Heritage Way park is also ready to construct so there are two parks in the immediate vicinity that will directly serve this particular subdivision as the opening phases come together. The Director stated there was a significant financial and visual benefit for the City to have The Irvine Company maintain those trees. Currently, the trees are not being maintained, the fruit is dropping which will create nuisance conditions. A lemon orchard is more commercially viable if the City is desirous of taking over the grove after five years. Grafting the trees and providing water for them is a significant cost providing the City with a benefit of over $12,000 per year and there are eight acres. Commissioner Pontious noted that the builder is offering a home office as an option and asked to have included in the CC&R's that all City regulations regarding home office use be complied with. She requested that in the near future the Commission review the regulations on home office use for updating. Concerning the condition on noticing of aircraft noise, she suggested making specific mention of the E1 Toro closure and the potential of overflights. Commissioner Bone inquired if the mailboxes were to be located behind the sidewalks. Daniel Fox affirmed a curb adjacent to the sidewalk which would place the mailboxes behind the sidewalks. planning Commission Minutes July 14, 1997 Page 7 Commissioner Kozak asked for discussion for a consensus of the issue of the rear elevation architectural treatments. Daniel Fox stated it would be appropriate to hear input from the developer before this discussion. Michael LeBlanc, representing The Irvine Company, stated that Lot 27 has evolved into the plan before the Commission today since this particular lot was one of the sites originally proposed for an apartment and neighborhood commercial site. When the City decided not to allow further apartment development The Irvine Company entered into negotiation with Richmond American. He stated that they have come up with a good use of this land. The use represents a significant down -zoning to the Medium -Low density and a 77 percent reduction in the traffic from the site. With staff concern of the loss of revenues associated with a commercial site, The Irvine Company provided a retail and fiscal impact study using the model that has been used in Tustin Ranch from the beginning. The $100,000 contribution is suggested for use in Tustin Ranch and the grapefruit conversion provides an important benefit to the City. After 5 years and a productive crop, The Irvine Company anticipates that there will be additional revenues the City can gain. Also the development agreement provides a further restriction on the use of this land below the medium low density category should Richmond American not complete the project for any reason. The Irvine Company supports the Richmond American proposal and believes they have been cooperative with respect to the design issue concerns. Mr. LeBlanc would like to see a conclusion to the rear elevation issue this evening so that Richmond American can go forward with their building proposal and The Irvine Company can move forward with the conversion of the orchard, completing the grafting process during the hot season. Mel Mercado, Project Manager with Richmond American, thanked staff for working with them on the design process and presented an overview of the design concept. Richmond American Homes has worked in conjunction with The Irvine Company to produce an aesthetically pleasing site plan. Commissioner Pontious stated that the concern was not on the whole perimeter but specific areas where there are a large number of units are unbroken by a cul-de-sac. She suggested that the roof line may have more impact than a pop -out and that shutters would also help. Commissioner Kozak inquired how close staff was in terms of numbers of units in those areas where agreement on improvements need to be reached. The Director stated that staff does not concur with any proposal as yet, but a median point in what they are proposing and what staff would like to see is shown in the Palo Vista and Malaga examples. Commissioner Kozak asked how many units were being considered for improvement along the public right-of-way. Mel Mercado stated they all are and in regards to the proposed additional modifications improvements would reflect in all the units interior and exterior. Planning Commission Minutes July 14, 1997 Page 8 Jeff Weber, Richmond American, clarified that from the beginning they have always been very sensitive to the units that back up onto the major streets. He believed that the maximum units that back up to any major arterial in any one given stretch is only 12 to 13. With three different floor plans and three elevations, only one or two units in the stretch would be a concern. They believe that with roof brakes, pop -outs, replotting, the addition of decks and additional rear yard setbacks Richmond American can address staff concerns. Commissioner Vandaveer asked what the construction entrance would be for the phasing plan and what the buildout time would be. Mel Mercado stated the construction entrance initially will be located off Portola and subsequently the entrance will be located at Tustin Ranch Road and Pioneer. He anticipated the build -out time would be soon. Commissioner Mitzman asked how flowers are to be watered on the second floor. Mel Mercado stated that the windows can be designed to open so that it was physically possible to water plants; however, the purpose is to provide color to complement the windows and many people use decorative flowers. Richmond American will be happy to work with staff. Commissioner Pontious asked what the time frame might be to accomplish resolution on this issue. The Director stated that this resolution was scheduled for hearing by the City Council and the issue could be deferred to staff at a plan check level. Daniel Fox stated the Planning Commission has the ability to approve the design review resolution. Council will not necessarily be acting on the Design Review component of this project, but will have the benefit of this information when considering the larger elements of the project. Commissioner Pontious asked if the Commission could pass the action with the recommendation to Council that they look at this design issue. The Director stated that the design issue was included in the development agreement as a provision and staff can work with the applicant to come to a conclusion before the City Council meeting. The higher discretionary permits can still go forward. Jeff Weber stated that Richmond American has no problem working with staff. Commissioner Kozak asked if the units along Tustin Ranch Road could be identified as to what architectural treatments could be accomplished. Daniel Fox stated that because of the variety of photo examples it may be a good idea for the Commission to suggest some of the specific photos that would be good examples of what would be acceptable. Commissioner Kozak noted that if all the photos were acceptable each will have a different fiscal impact. He suggests that it be a matter of discussion between staff and developer as to 'which treatments can be incorporated into the rear elevations. Planning Commission Minutes July 14, 1997 Page 9 The Director stated staff could provide a copy of the photo booklets to the applicant to use as a guide. Mel Mercado stated that Richmond American does not want to get into complete redesign of building masses to accommodate staff or Commission. They are trying to provide a product within a certain price range and designing to that end. There is such a limited number of units to consider that he is sure the matter can be worked out with staff. Mr. weber requested that Resolution No. 3528, Condition 3.2, concerning trim surrounds, be amended to only reflect 58 lots along the perimeter. Daniel Fox stated staff could not support that request since Condition 3.2 is related to all units and at minimum all units should have some type of decorative trim around the glazing to be consistent with all the projects in Tustin Ranch to date. Condition 3.11 deals specifically with the lots along the perimeter of the site. Mel Mercado requested that Condition 4.11, page 7, of Resolution No. 3528 reflect a change modifying the condition to include Lots "P" and "Q" while deleting Lots "N" and "O" since Richmond American does not own those lots. The Public Hearing opened at 9:00 p.m. The Public Hearing closed at 9:05 p.m. Commissioner Pontious moved, Vandaveer seconded adopting Resolution No. 3525 recommending that the City Council recertify final SIR 85- 2 as modified by Addendum No. 6 prepared for this project. Motion carried 5-0. Commissioner Pontious moved, Vandaveer seconded adopting Resolution No. 3526 recommending that the City Council approve General Plan Amendment 96-003. Motion carried 5-0. Commissioner Pontious moved, Vandaveer seconded adopting Resolution No. 3527 recommending that the City Council approve Zone Change 96- 003. Motion carried 5-0. Commissioner Pontious moved, Vandaveer seconded adopting Resolution No. 3528 approving Design Review 96-050 amended as follows: Exhibit A, Condition 1.5 shall read, "The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project". Condition 3.11 shall read, "The side and rear elevations that face Jamboree Road, Tustin Ranch Road and Portola Parkway shall be modified to include architectural variety, design details, staggered building mass and varied roof elements similar to the front elevations to provide relief from the flat wall appearance, subject to approval of the Director of Community Development". Condition 4.11 shall read, "Prior to the issuance of Certificate of occupancy for the Model Complex, the developer shall install all landscaping on perimeter Lots "A" through "E" and Lots "P" and "Q". Motion carried 5-0. Commissioner Pontious moved. Vandaveer seconded, to adopt Resolution No. 3529 recommending that the City Council approve Vesting Tentative Tract 15380 modified as follows: Exhibit A, add Condition 1.8 to read, "The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project". Condition 2.1, last paragraph, "California Registered Civil Engineer" should be changed to read,"California Registered Traffic Engineer". Condition 2.4 shall read, "The street improvement plan Planning Commission Minutes. July 14, 1997 Page 10 shall also include striping and signing plane to modify existing striping on Tustin Ranch Road, Portola Parkway and Jamboree Road". Condition 2.5 shall be eliminated with following conditions re- numbered. Condition 2.15, first bullet shall read, "The median nose needs to be located 15' behind the % delta of the curb returns". Condition 3.4 shall be eliminated. Condition 4.4(a) last line, change "Item No. 1 above" to read, "Item No. 3.3 above". Condition 5.1, Item "F" shall be eliminated. Condition 8.1, add Item "U" to read, "Disclosure to all future homeowners and purchasers of property that E1 Toro Marine Base may be developed with a commercial airport which may affect the project with aircraft overflights". Add Item, "V" to read, "Disclosure to all future homeowners and purchasers of property that any use of the individual residences for a business shall be subject to the City's requirements for a. Home occupation Permit". Condition 9.1, add Item "E" to read, "The developer shall provide the City with an information notice, as approved by the City Attorney, indicating that E1 Toro Marine Base may be developed with a commercial airport which may effect the project with aircraft overflights". Add Item "F" to read, "The developer shall provide the City with an information notice, as approved by the City Attorney, indicating that any use of the individual residences for a business shall be subject to the City's requirements for a Home occupation Permit". Condition 9.2(A) shall read, "Reassessment District No. 95-2". Condition 10.2 last line shall have "No. 95-1" changed to read, "No. 95.2". Condition 10.3 shall eliminate Item "E" and reletter the remainder of the items. Motion carried 5-0. The Commissioners agreed to staff recommendation to provide input to the City Council on the Third Amendment to the East Tustin Development Agreement. REGULAR BUSINESS: 4. Advertising Bus Shelter Locations APPLICANT: ELLER MEDIA COMPANY 1539 ORANGEWOOD AVENUE ORANGE, CA 92668 ATT: MR. DANA OUELETTE PROPERTY CITY OF TUSTIN OWNER: 300 CENTENNIAL WAY TUSTIN, CA 92780 LOCATION: CITYWIDE ENVIRONMENTAL THIS PROJECT IS DETERMINED TO BE CATEGORICALLY STATUS: EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: APPROVAL OF ADVERTISING BUS SHELTER LOCATIONS PURSUANT TO TUSTIN CITY CODE SECTION 9404 Recommendation: That the Planning Commission review the additional locations proposed for advertising bus shelters and recommend approval of these locations to the City Council. Presentation: Doug Anderson, Traffic Engineer Commissioner Kozak asked if there were guidelines for advertising on the shelters in the franchise agreement. Doug Anderson affirmed, stating that this was previously approved by the Planning Commission in 1996 and advertising of liquor or tobacco was prohibited. Commissioner Mitzman asked if there had been any vandalism or maintenance problems so far on the existing facilities. Planning Commission Minutes July 14, 1997 Page 11 Dana Ouelette, Eller Media, stated there have been no more than the _. usual maintenance problems. Commissioner Bone asked the reason for using glass as opposed to plexiglass. Dana Ouelette stated glass is easier to clean and has less breakage. Commissioner Bone asked why the bench at walnut and Red Hill had been removed. Doug Anderson stated that the City is removing the wooden benches due to deterioration and that particular bench had rotted due to landscaping and water damage. There are plans to install a concrete bench at that location. Commissioner Pontious is pleased that there are additional sites in the industrial areas. Commissioner Bone stated that OCTA needs to reassess their locations. Doug Anderson stated there has been concern expressed on the City's behalf about some of the locations particularly related to the requirement for distance of trees and spacing to accommodate some of the disabled facilities in conjunction with the bus. Commissioner Pontious moved, Vandaveer seconded, to approve staff recommendation to review additional locations proposed for advertising bus shelters and recommend approval of these locations to the City Council. Motion carried 5-0. STAFF CONCERNS: S. Report on Actions taken at the July 7, 1997 City Council Meeting. Presentation: Elizabeth Binsack, Community Development Director The Director reported on the subject agenda. COMMISSION CONCERNS: Commissioner Pontious - None Commissioner Mitzman - None Commissioner Kozak Commended Associate Planner, Sara Pashalides, for the work done on Agenda Item No. 2. Reported a dead tree on E1 Camino Real across from the Tustin High School parking lot. - Noted an article from the Orange County Register, applauding the City's work on the base re -use and offered copies to anyone interested in reviewing the article. Commissioner Vandaveer - Stated that he has enjoyed his two years on the Commission and wished the continuing Commissioners and the two newly appointed Commissioners much success. Planning Commission Minutes July 14, 1997 Page 12 Commissioner Bone - Reported Kaufman and Broad, human arrow signs at Tustin Ranch Road and Irvine. He also reported that the traffic signals were out at that location on Sunday. Inquired what happened to the Ralph's recycle bins at Walnut and Red Hill. The Director stated that the bins were not in compliance with the approved Conditional Use Permit and the City requested immediate compliance. At this time they are operating in compliance however, the Director noted that the situation is being monitored. Inquired about progress on an Ordinance for cementing of front yards. The Director stated work has not begun on this Ordinance. Shared a magazine article concerning "City sleepers" being used in San Francisco. ADJOURNMENT: to adjourn the at 9:21 p.m. Motion carried 5 - The next regularly scheduled meeting of the Planning Commission is on July 28, 1997 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. �4 4nQ LOU BONE Chairman BARBARA REYES Recording Secretary Z O Q 0 J LLJ uiW 000 Ln LLG LLIZ 7A itO LL GJ u C L 03 ,0 E L 4- dA C ._ ui L .0 a z H m 2 i H oc O LL M N H ® 0 Ln 00 z CO d1 I= M L a W Mai %( O 1L yof cia LU -- z J c0 i — LAM o E tw 00 Irft 0 H Ln J � O �iLimU. Q p � W G! co = Q FM w � W � O N o M UL Ln o o � cn O1 N N W