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HomeMy WebLinkAboutCC RES 94-101 1 RESOLUTION NO. 94-101 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING VESTING TENTATIVE TRACT MAP NO. 3 14934. 4 The City Council of the City of Tustin does hereby resolve as follows: 5 I. The City Council finds and determines as follows: A. That Vesting Tentative Tract Map No. 14934 was 7 submitted to the City Council by D&D Development 8 Company, Inc. for consideration. B. That a public hearing was duly called, noticed and 9 held for said map on July 25, 1994 by the Planning Commission and on August 15, 1994 by the City 10 ............. Council.- .............. 11 C. That a Negative Declaration has been prepared in accordance with the provisions of the California 12 Environmental Quality Act for the subject project. 13 D. That the proposed subdivision is in conformance with the Tustin Area General Plan and Subdivision 14 Map Act as it pertains to the development of 15 residential property. E. That the project has been reviewed for consistence 16 with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be 17 consistent or has been conditioned to be consistent 18 with the Air Quality Sub-Element. F. That Vesting Tentative Tract 14934 would not have 19 an impact on School District facilities. 20 G. That the site is physically suitable for the type of development proposed. 21 H. That the site is physically suitable for the 22 proposed density of development. 23 I. That the design of the subdivision or the proposed improvements are not likely 'to cause substantial 24 environmental damage or substantially and avoidably 25 injure fish or wildlife in their habitat. J. That the design of the subdivision or the type of 26 improvements proposed will not conflict with 27 easement acquired by the public at large, for access through or use of the property within the 28 proposed subdivision. Resolution No. 94-101 Page 2 1 2 K. That the design of the subdivision or the types of 3 improvements proposed are not likely to cause serious public health problems. 4 L. The proposed project has been reviewed for 5 conformity with the provisions of the Orange County Congestion Management Program, and the approval 6 body has determined that the additional traffic generated by the proposed project onto the CMP 7 Highway System does not cause the system to exceed the established level of service standards. 8 M. The proposed project has been determined to be 9 exempt from the provisions of Measure "M" in that the additional traffic generated by the proposed ..... 10 project onto the Arterial Highway System does not cause the roadway system to exceed the established .. 11 level of service standards. 12 N. That the dedication of right-of-way along the Newport Avenue frontage to accommodate the future 13 realignment of Newport Avenue, as well as access to the subject property and the property to the north, 14 and the construction of the cul-de-sac to the ultimate configuration to the greatest extent 15 feasible, would reduce traffic and circulation impacts to an acceptable level. In addition, the 16 City's agreement to construct future improvements on Newport Avenue along the project frontage 17 associated with the realignment of Newport Avenue would constitute a "rough proportionate" obligation 18 the City would have for right-of-way acquisition. There is a reasonable relationship between the need 19 for the dedication and the type of development proposed as the dedication area would provide 20 direct benefit to the future residents of the development by providing access to the project and 21 mitigating individual and cumulative traffic '. impacts that would be created by the development. 22 II. The City Council hereby approves Vesting Tentative Tract 23 Map No. 14934, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 3290, 24 incorpbrated herein be reference, with the exception of Condition No. 1.13 which is modified to read as follows: 25 1.13 Vehicular and pedestrian access to the Carfax Drive 26 cul-de-sac shall be limited to emergency access only except as herein provided. Pedestrian access 27 to the Carfax Drive cul-de-sac shall be eliminated from the proposed plans. All access and gate 28 details shall be subject to final review and Resolution No. 94-101 Page 3 1 2 approval of the Orange County Fire Department and 3 the Community Development Department. In the event approval from the School District can be obtained, 4 the Community Development Department shall be authorized to approve pedestrian and emergency 5 access across School District property to Service Road. In the event approval can be obtained for 6 alternate pedestrian and emergency access, 'the proposed emergency gate at the cul~de-sac terminus 7 of Carfax Drive shall be replaced with a solid property line wall by the subject development. 8 Full vehicular and pedestrian access shall be 9 permitted to the Carfax Drive cul-de-sac only during the period of construction related to the 10 ......... realignmen~f NeWport AVenu~ asdetermined'by the Public Works and Community Development Departments. 11 No construction vehicles shall be permitted through the Carfax Drive cul-de-sac access at any time. 12 The Public Works and Community Development Departments shall coordinate with adjacent home 13 owners to ensure the least disruption to their neighborhood during this period of construction. 14 PASSED AND ADOPTED at a regular meeting of the Tustin City 15 Council, held on the 15th day of August, 1994. 16 HOMAS R. ;j~ ARELLI ~ S T 19 {:~_~/~.~ ~ Mayor 20 1 ~ E. WYNN 21 Clerk 22 23 24 25 26! 27I 28 City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 94-101 Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 15th day of August, 1994, by the following vote: COUNCILMEMBER AYES: Saltarelli, Potts, Doyle, Thomas, Worley COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None M~y_3~. Wynn, City Clerk