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02 P.H. T.T. MAP 13733 06-15-92
PUBLIC 6-15-92 A G. ITE: JUNE 15 1992 � { s � � . - C O M TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TENTATIVE TRACT MAP 13733 RECOMMENDATION It is recommended that the City - Council take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 92-73; and 2. Approve Tentative Tract Map 13733 by adopting Resolution No. 92-74. BACKGROUND At their regular meeting on May 26, 1992, the Planning Commission adopted Resolution No. 3038 recommending approval by the City Council of Tentative Tract Map 13733. The Planning Commission, in conjunction with this action, also adopted Resolution No. 3039 approving Design Review 91-32. Tentative Tract 13733 proposes to subdivide an approximate 16.06 - acre site into thirteen numbered and four lettered lots for the purpose of developing 234 condominium dwelling units. Located in Sector 7 of the East Tustin Specific Plan (ETSP) , the site is bordered by the Tustin Ranch Golf Course to the north and east; Robinson. Drive is immediately to the south with Tract 13746 • consisting of medium-high density, multiple family, attached units; Lot 15 of Tract 12870 - a potential elementary school site and Lot 17 of Tract 12810, the future Community Park across Robinson Drive. Bordering on the west of the site is Irvine Boulevard with Lot 8 of Tract 12763, a potential high school site to the south across Irvine Boulevard (see Attachment A). A public hearing notice identifying the time, date and location of the public hearing on this project was published in the Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site and the Police Department. The applicant was informed of the availability of a staff report on this project. City Council Report Tentative.Tract Map 13733 June 15, 1992 Page 2 DISCUSSION PROJECT DESCRIPTIONISITE PLAN The ETSP designates the project site as Medium Density Residential. Generally, maximum allowable density for this land use designation would be up to 18 dwelling units per acre, with no minimum required lot size. The proposed density is 14.57 dwelling units per gross acre approximately.19 percent less than the allowable density. Access -to the site is proposed from a singular, 40 -foot wide private street along Robinson Drive which -provides access to a private interior loop street. This private loop street varies in. width from 32 feet wide with parking on one side to 36 feet wide with parking permitted on both sides of the street. The private loop street would provide 122 guest parking spaces along the main loop with 'an additional parking area located in the southwest. corner of the site. All other required parking would be provided by 234 two -car enclosed garages (or 468 parking spaces). The internal circulation system to each of the proposed buildings on the site would be provided by a motor courts concept. The two -car garage, for each condominium unit; is located interior to the building product type and is accessed by the interior motor court. A statistical summary for the project is provided as Attachment B. The grading for the site is unique in that -the proposed product building type is designed to be perceived as two story from the exterior elevations; however, the product has basement level, tuck - under garages, which makes for three levels on the interior motor court elevations. While some excavation is necessary, earth quantities on the site will be balanced to the largest degree possible. The conceptual grading plan identifies no major retention of earth nor slopes in excess of a 2:1 ratio. ARCHITECTURAL DESIGNILANDSCAPELHARDSCAPE The product type for the project proposes attached condominium units arranged around a central motor court to form a major building. Due to the modular nature of each individual condominium unit, the buildings can be varied to better adapt to the site. With this flexibility of the units, the orientation of the buildings, and ultimately the individual units, can maximize the available exposure along the golf course edge. In all, there are five major building types. Three of the major buildings consist of eight condominium units per building and two of the major buildings consist of seven condominium units per building. City Council Report Tentative Tract Map 13733 June 15, 1992 Page 3 The project proposes a centrally located recreation facility and open space. The open space area also incorporates the project's focal point and marketing namesake, the 'Campanile' tower. The Campanile, as a design element, further strengthens the overall architectural theme of a Spanish colonial "community." Providing a traditional architectural expression of the community's meeting place, the.Campanile is to be of the medium and dark peach color scheme. The maximum height of the condominium buildings being proposed is approximately 39 feet, which is consistent with the maximum building height permitted of 40 feet. The project's focal point tower is 40 feet in height. The architectural style of the proposed buildings is a modified interpretation of Spanish Colonial. The building's colors range from a light beige to a medium tan. A light and medium peach are also proposed. The accent colors are somewhat darker in shade and range from medium tan to a light terra cotta. The conceptual landscape plan generally meets requirements of the ETSP.. -The project entry is highlighted by accent trees and the streets are lined with a variety of species to designate primary loop street and smaller_ focal trees for the motor courts. Slumpblock community walls will be provided in accordance with standard details approved under sector -level Tract 12870. PARKLAND DEDICATION REQUIREMENT Through a Letter of Understanding between the Irvine Company and the City of Tustin and as subsequently modified, the Irvine Company agreed to provide a two -acre private park in conjunction with the subdivision of Lot 13 of Tract 12870. The development of this park was not an East Tustin Specific Plan nor Quimby Act requirement dedication for the Irvine Company but rather a concession to the City for relocating the community park site from Sector it to Sector 7. During the design review process of this project, the City Council amended the Letter of Understanding to provide that the Company would fulfill this park requirement through an in lieu payment. This payment is equal to $2,OOOper residential unit created in any subdivision of Lot 13, to be placed into the park development fund for East Tustin. A condition of approval regarding the payment of this in lieu payment has been incorporated as Condition No. 9.4 of Planning Commission Resolution No. 3038. City Council Report Tentative Tract Map 13733 June 15, 1992 Page 4 ENVIRONMENTAL ANALYSIS Based upon the review of the subject map, as well as Environmental Impact Report 85-2 (as supplemented), issues relating to this project have been addressed previously. Also, appropriate mitigation measures identified in EIR 85-2 have been included as conditions of approval where applicable. With this information in mind, it is recommended that the City Council make the finding that the requirements of the California Environmental Quality Act have been met and that no further environmental review is required. CONCLUSION Given the analysis conducted by staff and in consideration of comments from other agencies and the public, it is concluded that Tentative Tract Map 13733 meets the requirements of the East Tustin Specific Plan, the Subdivision Map Act as adopted, the California Environmental Quality Act and. the City's Grading and Excavation Code. With the inclusion of conditions of approval listed in the Planning Commission Resolution No. 3038 for the project, it is recommended that the City Council adopt Resolution Nos. 92-73 and 92-74 approving Tentative Tract Map 13733. Joann M. S. Associate r Christine A. Shingl t n Assistant City Manager Community Development Attachment(s): A - Vicinity Map B - Statistical Summary Photo Reduction of Tentative Tract 13733 and Conceptual Plans Planning Commission Resolution Nos. 3038 and 3039 Resolution Nos. 92-73 and 92-74 JP:rxn/tW3733. rpt ATTACHMENT A vicinity Map Vesting Tentative Tract Map 13733 and DR 91-032 VICINITY MAP ATTACHMENT B Statistical Summary Vesting Tentative Tract Map 13733 and DR 91-032 Requirement Proposed Gross Site Area N/A 16.06 acres Condominium Lots N/A 15.14 acres Landscape (Lots A,B & C) N/A .36 acres Recreation area (Lot D) N/A .53 acres Public Street dedication N/A .03 acres Total Units maximum 289 units 234 units Density 18 du/ac (gross) 14.57 du/ac (gross) Lot Coverage 100%(minus setbacks) 28.3% Open space 400 sq. ft. /unit 1,336 sq. ft. /unit Building Setbacks Front Yard 5 feet minimum Distance Between Structures 10 feet minimum Distance to an Accessory Structures 5 feet minimum Height 40 feet maximum Resident Parking 468 spaces Guest Parking Driveways: Between 9 & 19 feet 9 feet or less 19 feet or more (2 covered and assigned spaces per unit) 117 on -street spaces (.50 per unit) N/A N/A N/A Unit Floor Plans Sq. Ft. Plan Type 1 1, 430 2 br/2 i ba 2 11463 2 br/22 ba 3 1r681 3 br/2 2 ba 4 11897 3 br/2 2 ba 5 1f840 3 br/2 i ba 5 feet minimum 10 feet minimum 5 feet minimum 39 feet maximum 468 spaces (2 car garage per unit) 122 on -street spaces N/A N/A N/A Ouantity Percentage 40 17.1 60 25.6 54 23.1 40 17.1 40 17.1 7 Ti J1 I, �-# I- t.> /�' ��i' •—. — �—+• ~ � _ — -- — ' .-.rte - f. C -._— ., , '•, �' ----- sw, u Howes aer'co. , coftmwi rc K S 1 Tiif -1 �� ��� i'' t. le 1 E �� 1 i l� I� ,. •�:I,I:I, i I I � �i�l� I I I I r \�♦ O (n �; b C �1,.= e U fi�� � i ,iF� {!�t „� �!! �3 NE ,! !.!� Ilii ! tt EE t !', i �' �' i I N r4iltrnhlrh Irplrnh h �•.IS ii:(�1�ill �i(�� 7 Ti J1 I, �-# I- t.> /�' ��i' •—. — �—+• ~ � _ — -- — ' .-.rte - f. C -._— ., , '•, �' ----- sw u Noww : awmAm . tlMiO/ 1K K � � I ;; iy + �� t c�ii,i,1 t • �:. ,, ,� i tf ;, 't. 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LaLa z 'a e •F ■111 ► =_�� ;��-` Mimi =�� TijZ �11j_= �►fAl �III'� ISI • � I . � y N• Q J w a a � r 1 2 3 4 5 6 7 8 9 10 11 1211 13 14 .15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP 13733 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Vesting Tentative Tract Map 13733 was submitted to the Planning Commission by California Pacific Homes for consideration. B. That a public hearing was duly noticed, called and held for said map on May 26, 1992. C. That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area. D. That the proposed subdivisic:-i is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as- it pertains to the development of 234 condominium dwelling units. E. The 1.9320 acres of parkland required for this development was previously dedicated with recordation of Tract 12870. F. That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impacts of Vesting Tentative Tract 13733 on School District facilities, and -reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed. G. That the site is physically suitable for the type of development proposed. 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 cause substantial 1 2 3 4 J; 6i i 8 9 10� 11' i 12'1 14 i 1C) i 18' I 1911 I� 20 21 22 23 24 25 26 27.1 28] Resolution No. 3038 Page 2 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 -at -large, 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. II. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map 13733 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, helm on the 26th day of May, 1992. KATHLEEN CLANCY Secretary r f f c 1( 1; 1` 1: 1� 1t 11 1' 1� 1' 21 2' 2' 2; 2 2 2 2 2 Resolution No. 3038 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN I. KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3038 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of May,. 1992. THLEEN CLANCY Recording Secretar EXHIBIT A VESTING TENTATIVE TRACT MAP 13733 RESOLUTION NO. 3038 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 1.1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and construct or post security (3) guaranteeing construction of all public and/or private, 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 and paving; 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. Street and paseo lighting; L Storm drains and subdrains (* The storm drain facilities within this tract will be private' drains to be maintained by homeowner's association); M. Undergrounding of existing and proposed utility distribution lines; N. Lot monumentation; and O. Fire hydrants; (1) 1.2 The amount of acceptable security for construction of (6) public improvements shall be also 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. --------------------------------------------------------------- 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 - Conditions of Approval Resolution 3038 Page 2 (1) 1.3 All construction within a public right-of-way and/or public easement must be shown on a separate 24" X 36" plan with all construction referenced to applicable City, County, or Irvine Ranch Water District standard drawing numbers. Improvements to be shown on these plans shall include, but not be limited to the following: A. Street paving B. Curb and gutter C. Sidewalk D. Domestic water facilities E. Reclaimed water facilities F. Sanitary sewer facilities G. Storm drain' facilities H. Landscaping/irrigation I. Street lights (1) 1.4 All changes in existing curbs, gutters, sidewalks and other public improvements shall be responsibility of subdivider. (1) 1.5 Preparation of plans for and construction of: (2) 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. Terminal sewer manholes shall be provided at property line, plus master water metering at the entryway. B. A domestic water system must be to the standards of the Irvine Ranch Water District/City of Tustin Water Service, 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 be to the standards as required by the Irvine Ranch Water District. Exhibit A - Conditions of Approval Resolution 3038 Page 3 (1) 1.6 Proposed private streets shall be designed to the (5) following specifications: A. All proposed streets 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 private streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used. C. Parking shall not be permitted on private streets other than as approved by the Police and Fire Departments. Signage and red curbing shall be installed where appropriate. D. Street names are subject to approval of the Tustin Street Naming Committee and Community Development Department. (1) 1.7 Private streets, storm drain, water & sewer improvement plans shall comply with the "City of Tustin" Minimum Design Standards for on-site Private Street and Storm Drain Improvements. DEDICATIONS%RESERVATIONS/EASEMENTS (1) 2.1 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'specif is location by the City Engineer and other appropriate agencies. (1) 2.2 Preparation of a hydrology and hydraulic study for this (2) development will be required. (5) 2.3 The subdivider shall execute a drainage agreement to (4) accept the drainage from the public right-of-way which will flow onto the private entrance street and be discharged through the private storm drain system. (1) 2.4 Subdivider's execution of a subdivision/monumentation (5) agreement and furnishing improvement/ monumentat ion bonds as required by the City Engineer. Exhibit A - Conditions of Approval Resolution 3038 Page 4 (4 ) 2.5 Prior to issuance of any permits or approval of the Final (5) Map, whichever occurs first, the subdivider shall provide: A. Proof of abandonment of the easement in favor of the United States of America for underground pipeline purposes located in the southwest corner of the project. B. Proof of recordation of quitclaim for the Southern California Edison Company utility easement located in the southwest corner of the project. CONSTRUCTION ACTIVITIES ADJACENT. TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the final map, subdivider shall ,(2) post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to guarantee the b Sweeping of streets and clean-up of streets affected y 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) 3.2 Any damage done to existing street improvements and ` 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) 3.3 Prior to any work in the public right-of-way, an Excavation Permit must be obtained from and applicable fees paid to the Public Works Department. (4 ) 3.4 Preparation of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way GRADING/GENERAL (1) 4.1 Prior to issuance of grading permits: (2) 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. Exhibit A - Conditions of Approval Resolution 3038 Page 5 B. Preparation and submittal of 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. All recommendations submitted by geotechnical or soils engineer and specifically approved by them. 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 haza-d 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 across lot lines. C. Provision of drainage facilities to protect the lots from any high velocity scouring action. d. Provision for tributary drainage from adjoining properties. 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. Exhibit A - Conditions of Approval Resolution 3038 Page 6 *** 7. Note on plans that a qualified paleontologist/ archeologist, as appropriate, shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/ archeologist subject to review and approval by the Department of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/archeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. 8. Preparation of 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. C. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. (1) 4.2 All earthwork shall be performed in accordance with the (3) City of Tustin Municipal Codes and grading requirements. FIRE DEPARTMENT (1) 5.1 Prior to the recordation of a final tract map, water (4) improvement plans shall be. submitted to and approved by ( 5 ) the Fire Chief f or adequate f ire protection and f inancial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated in accordance with Insurance Services office suggested standards contained in the "Grading Schedule" for Municipal Fire Protection. (1) 5.2 Prior to the issuance of building permits for combustible (4) construction, evidence that adequate water supply for (5 ) fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet required f ire -f low prior to commencing construction with combustible materials. Exhibit A - Conditions of Approval Resolution 3038 Page 7 (1) 5.3 Prior to the issuance of any building permits, a (4) construction phasing plan shall be submitted to and approved by the Fire Chief. The purpose of this review is to evaluate the adequacy of emergency vehicle access for the number of dwelling units served. (1) 5.4 Prior to the issuance of any building permits, all (4) underground piping for automatic fire extinguishing (5) systems shall be approved. Plans for an automatic fire extinguishing system shall be approved by the Fire Chief prior to installation. Such systems shall be operational prior to -the issuance of a certificate of use and occupancy. All residential structures are to have automatic fire sprinkler systems. (1) 5.5 Prior to the issuance of any certificates of use and (4 ) occupancy, the private streets, as shown on the submitted ,(5) site plan, shall be red curbed and posted No Parking Fire Lane" as per 1988 Uniform Fire Code, Section 10.207, in a manner meeting the approval of the County Fire Chief. (1) 5.6 A manual and automatic fire alarm system and fire (4) sprinklers shall be installed as required by the 1988 (5) Uniform Fire Code Section, as amended. (1) 5.7 Prior to the recordation of a final tract map, (4) fire protection access easement shall be approved by the (5) Fire Chief and dedicated to the County of Orange. The CC&R's shall contain provisions which prohibit obstructions within the fire protection access easement and also required Fire Chief approval for any modifications such as speed bumps, control gates, or changes in parking plan within said easement. (1) 5.8 Prior to the issuance of any certificates of use and (4) occupancy, all fire hydrants shall have a "Blue (5) Reflective Pavement Marker" indicating its location on the street or drive per Orange County Fire Department Standard. On private property these markers are to be maintained in good condition by the property owner. (1) 5.9 Access between buildings may be obstructed due to (4) landscaping. The Fire Department needs the ability to (5) raise ladders between buildings. Landscaping and tree locations shall be subject to review and approval by the Fire Department and the Conmunity Development Department. Exhibit A - Conditions of Approval Resolution 3038 Page 8 NOISE (1) 6.1 Prior to the issuance of any building permits: (2)As A final acoustical analysis report describing the (3) acoustical design features of the structures required to satisfy the exterior and interior noise Tustin standards shall be submitted to Community Development Department f or approval per svalatlong with satisfactory evidence which specified in the the sound attenuation have been approved acoustical report(s) incorporated. into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise .erioreting the standard project, so as not to exceed an ex 65 dBa CNEL in outdoor lighting areas and an interior standard of 45 dBa CNEL in 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. (1) 6.2 Prior. to issuance of any Certificates of Use or ( 3 ) Occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. �. 6.3 All construction operations, including engine war Tustin ) shall be subject to the provisions of the City of Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m... Monday through Friday; or other times that the Building official determines will be in -substantial conformance with the Noise Ordinance and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. Exhibit A - Conditions of Approval Resolution 3038 Page 9 CC&R'S (1) 7.1 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 Off ice. 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 their recordation. CC&R's shall include but not be limited to the following provisions: A. Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of a Homeowner's Association, 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 by the following B through N. 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 and infrastructure (i.e., walks, sewer and water), and paseos. D. Membership in any Homeowner's. Association shall be inseparable from ownership in individual units. 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 Exhibit A - Conditions of Approval Resolution 3038 Page 1'0 shown below: 1. All common area landscaping and private lawn areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. All planted areas other than lawns shall be free of weeds, dead vegetation and debris. 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 property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. 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. 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 the boundaries of the subdivision and Homeowner's Association, to surrounding property, or to property or improvements within three hundred ed (3 0 0 ) feet of the property may also . be 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 Exhibit A - Conditions of Approval Resolution 3038 Page 11 shall conform to requirements set forth by the City and the CC&R's. All plans submitted to the City shall bear the Association's stamp and authorized signature of approval. H. Residents shall not store or park any non -motorized vehicles, trailers or motorized vehicles that exceed seven feet high, seven feet wide and 19 feet long in any parking, 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. Additionally, no non -motorized vehicles, trailers or motorized vehicles shall be allowed to overhang onto any public or private street within the development. There shall be no parking of any vehicles permitted within building motor courts. I. Four hundred sixty eight (468) parking spaces shall be permanently and irrevocably assigned to individual condominium units at a rate of two parking spaces per dwelling. A minimum of an additional one hundred seventeen (117)- guest parking. spaces shall be established (.5 parking spaces per dwelling unit) and maintained within the common area and -shall be used for guest parking only. J. condominium -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. Maintenance of all landscaped areas adjacent to Robinson Drive shall be by the Homeowners Associates of subject tract. Maintenance of all landscaped areas adjacent to Irvine Boulevard shall be by the Tustin Lighting and Landscape Maintenance District. L. The Association shall be responsible for establishing and following procedures for providing access to the public utilities for maintenance of Exhibit A - Conditions of Approval Resolution 3038 Page 12 their facilities within the project area, subject to those agencies' approval. M. All utility services serving the site shall be installed and maintained underground. N. 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. o. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. P. Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary by a Homeowner's Association. This shall not preclude a Homeowner's Association from assessing charges to individual property owners for structural damage to the wall or fence. Q. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall 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 effective without the prior written approval of the City of Tustin Community Development Department. TENANT/HOMEBUYER NOTIFICATION (1) 8.1 Prior to issuance of Certificate of Occupancy: (2) A. A document separate from the deed, which will be an information notice to future tenants/homebuyers of aircraft noise impacting the subdivision, shall be recorded. The notice shall further indicate that additional building upgrades may be necessary for Exhibit A - Conditions of Approval Resolution 3038 Page 13 noise attenuation. This determination to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. B. The Subdivider shall submit for review and approval of content by the Director of Community Development,- a copy of rental/sales literature for the residential project with the approved aircraft/helicopter noise statement and the approved schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. C. The subdivider shall provide the City with a copy of the approved aircraft/helicopter noise statement which shall contain a. disclosure document on aircraft notification. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. D. 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. Notice to homebuyers that proposed school sites may never be constructed. E. The Subdivider shall provide the City with a statement, signed by each tenant/homebuyer, containing a comprehensive description of all private and public improvements and developments adjacent to or in close proximity to the proposed development. (l) 8.2 Subdivider shall notify all potential homebuyers of the following Assessment/Maintenance Districts affecting the property: Exhibit A - Conditions of Approval Resolution 3038 Page 14 A. Assessment District 86-2 B. City of Tustin 1982 Landscaping and Lighting Maintenance District as amended. FEES (1) 9.1 Prior to recordation of any final map, Subdivider shall (3) pay plan check and inspection fees for all public and/or private infrastructure improvements within City's responsibility excluding those financed by an Assessment District. (1) 9.2 Prior to issuance of certificates of use or occupancy, 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 any Assessment Districts applicable to the subdivision. (1) 9.3 Prior to issuance of the first permit for the project, (3) including but not limited to rough grading permits and foundation permits, payment shall be made of all required fees including: A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Irvine Water Ranch District. C. Grading plan checks and permit fees to the Community Development Department. D. All applicable Building plan check and permit fees to the Community Development Department. E. New development fees to the Community Development Department. F. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. G. Required East Tustin Facility Fees as may be adjusted to reflect cost of living increases prior Exhibit A - Conditions of Approval Resolution 3038 Page 15 to issuance of any permits; including but not limited to issuance of rough grading permits: 1. Civic Center Expansion Fee 2. Irvine Boulevard Widening Fee 3. Fire Protection Facility Fee H. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enable the City to file the Notice of Determination required under Public Resources code Section 21151 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period that the applicant has not delivered to the Community Development Department the above - noted check, the approval for the project granted herein shall be considered automatically null and void. 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. *** 9.4 Pursuant to the Letter of Understanding between the City of Tustin and the Irvine Company dated March 11, 1989, with subsequent modifications and amendments, the subdivider shall comply with the following conditions: A. No credit will be given to a builder for provisions of any on-site recreational facilities in conjunction with a multiple family development in order to offset or discount the required payment of $2,000 per unit. B. The City shall collect the $2,000 per unit payment Exhibit A - Conditions of Approval Resolution 3038 Page 16 at time building permits are issued by phase for the project. In the event that permits for all units have not been issued prior to May 1, 1995, then the remaining balance of the in lieu payment equal to $2,000 per multiple family unit shall immediately become due and payable on May 1, 1995. Failure to make said remaining payment by May 1, 1995 will be considered late and the City shall affix an annualized penalty fee of 15% computed on a daily basis on the unpaid balance. C. City will commit to spend funds collected under this agreement for recreation facilities in Tustin Ranch but City makes no commitment as to timing of said expenditures or specific facilities to be funded. D. It is mutually agreed that the in lieu payment of $2,000 per multiple family residential unity does not constitute any precedent for any purpose other than this agreement as to the amount of any future local park fees, establishment of land value or other related issues. GENERAL (1)' 10.1 Within 24 months from tentative map approval, the Subdivider shall file 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) 10.2 Prior to'occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 10.3 Prior to final map approval. A. Subdivider shall submit a current title report. B. Provision for landscaping maintenance of landscape lots, paseos and easements adjacent to project private streets shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 13733. Exhibit A - Conditions of Approval Resolution 3038 Page 17 C. Subdivider shall submit a duplicate mylar -of the Final Map, or 8 1/2 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. (1) 10.4 Subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City'sSubd vision ordinance, in the East Tustin Specific d applicable n and Development Agreement, EIR 85-2, conditions for Final Map 12870. (1) 10.5 The cumulative number of residential units for which shall not exceed s (5) certificate of occupancy may efeetissued of occupied revenue the cumulative total of quare generating uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. 1o.6 Prior to release of building permits, all conditions of approval of Design Review 91-032 of the subject t project shall be complied with as shown on Exhibit A ched to Resolution No. 3039 and incorporated herein by reference. However, applicant will be permitted to obtain building permits for model unit construction prior to approval of Final Map 13733 provided all Building Code requirements have been met including Public Works, Fire Department and Community •Development Department requirements and approvals. JP:nm 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. 3039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, CONDITIONALLY APPROVING DESIGN REVIEW 91-032 FOR A PROJECT WITH 234 CONDOMINIUM 'DWELLING UNITS ON 16.06 ACRES ON TRACT 13733 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Design Review 91- 032 was filed by California Pacific Homes requesting approval of a 234 unit condominium project on an 16.06 -acre site identified as Tract 13733. B. That a public hearing was duly noticed, called, and held on said application on May 26, 1992. C. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or- future development therein, or the occupancy as a whole. In making such -findings, the Commission has considered at least the following items: 1. Height, bulk and area of building 2. Setbacks and site planning 3. Exterior materials and colors 4. Type and pitch of roofs 5. Size and spacing of windows, doors and other openings 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae 7. Landscaping, parking area design and traffic circulation 8. Location, height and standards of exterior illumination 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19I 20 21 22 23 24 25 26 27 28 } Resolution No. 3039 Page 2 9. Location and appearance of equipment located outside of an enclosed structure 10. Physical relationship of proposed structures to existing structures in the neighborhood 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares 12. Development Guidelines and criteria as adopted by the City Council II. The Planning Commission hereby conditionally approves Design Review 91-032 authorizing construction of a 234 unit condominium project subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 26th day of May,. 1992. Van cv/�_ ii _ ..�<< 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. 3039 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3039 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of May, 1992. KATHLEEN CLANCY Recording Secretary EXHIBIT A DESIGN REVIEW 91-032 CONDITIONS OF APPROVAL RESOLUTION NO. 3039 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 26, 1992 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the East Tustin Specific Plan. (1) 1.2 Unless otherwise specified, all conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design review approval shall become null and void unless all building permits are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. (1) 1.4 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. PLAN SUBMITTAL 2.1 At building plan check the following items shall be submitted: (3) A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. --------------------------------------------------------------- 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. 3039 Page 2 (2) B. Preliminary technical detail and plans for all (3) utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (2) C. Final grading and specifications consistent with the (3) site plan and landscaping plans and prepared by a registered civil engineer for approval by the Community Development Department. Subject grading submittal shall comply with all requirements of Condition 4.1 and 4.21 contained in Exhibit A of Planning Commission Resolution No. 3038. (2) D. Information, plans and/or specifications to ensure (3) satisfaction of Conditions 1.11 1.2, 1.3, 1.41 1.51 1.6 and 1.7 of Exhibit A of Planning Commission Resolution No. 3038. (2) E. Information, plans and/or specifications to ensure (3) compliance with Conditions 5.11 5.21 5.31 5.41 5.51 5.6, 5.71 5.8 and 5.9 of Exhibit A of Planning Commission Resolution No. 3038. (2) F. A model complex plan identifying all temporary (3) fencing, landscaping, elevation alterations, parking facilities and other temporary model complex facilities subject to approval of.. Community Development Department. (2) G. A detailed acoustical noise study prepared by a (3) qualified acoustical expert shall be subject to review and approval by the Community Development Department to insure that interior noise levels do not exceed -a maximum of 45 dBa's. The report and any subsequent field inspection shall comply with Condition 6.1, 6.2 and 6.3 of Exhibit A of Planning Commission Resolution No. 3038. (1) 2.2 Applicant sh and building approval of requirements Department requirements all be permitted to obtain grading permits permits for model unit construction prior to Final Map 13733 provided all Building Code have been met including Public Works, Fire and Community Development Department and approvals. Exhibit A Resolution No. 3039 Page 3 (1) 2.3 Architectural plans shall not be submitted for plan check unless accompanied by a letter approving the proposed design by the Irvine Company. SITE AND BUILDING CONDITIONS (1) 3.1 All exterior colors to be used shall be subject to review (4 ) and approval of the Director of the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (1) 3.2 Note on final plans that a six -foot -high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.3 All mechanical and electrical fixtures and equipment (4) shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of buildings.. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining a sufficient distance to minimize visual impacts on entry points along Robinson Drive. Air conditioning units shall be screened from view by architectural features where visible from the loop road or motor courts. (1) 3.4 Exterior elevations of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. (1) 3.5 All on-site perimeter walls shall be constructed by (3) subdivider. Provide drawings indicating wall materials, (4) cap and other decorative treatments, and color. Walls must be consistent -with wall concepts approved for Tract 12870. (1) 3.6 The applicant shall provide a letter from Great Western (5) Reclamation indicating that the proposed design of the trash enclosures would accommodate future recycling efforts which are anticipated by Great Western l Exhibit A Resolution No. 3039 Page 4 Reclamation. The enclosures shall utilize materials and finishes complimentary to the architecture of the project. LANDSCAPING GROUNDS AND HARDSCAPE ELEMENTS (1) 4.1. Submit at plan check complete detailed landscaping and (7) irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table identifying plant materials. Landscaping plans must be approved prior to issuance of any building permits. The plant table shall list botanical and common names, sizes, spacing, location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 4.2 The submitted landscaping plans at plan check shall reflect the following requirements: A. Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas along is not acceptable. B. Provide a minimum of one 15 -gallon size tree and five 5 -gallon shrubs for every 30 feet of property line on the property perimeter. C. Shrubs shall be a minimum of five -gallon size and shall be spaced a maximum of five feet on center. D. Ground cover shall be planted between a maximum of eight to 12 inches on center. �1 Exhibit A Resolution No. 3039 Page 5 E. Fences, walls and equipment areas, shall be screened with shrubs and/or vines and trees. F. All plant materials shall be installed in a healthy vigorous condition typical to the species and must be maintained in a neat and healthy condition. Maintenance includes but is not limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. G. Buffer driveway and parking areas with landscaping berms when possible. H. Earth mounding is essential and must be provided to applicable heights whenever it is possible in conjunction with the submitted landscaping plan. Earth mounding should be particularly provided at project entries. I. Major points of entry to the project, courtyards and pedestrian internal circulation routes shall receive specimen trees to create an identification theme. J. Landscape adjacent to the golf course shall be coordinated with golf course landscaping. Perimeter walls should be treated with vines e th ordorder to relieve large expanses of wall i adding greenery and color. Vine should be informally grouped with training devices installed. (1) 4.3 Screening adjacent to roadways, whenever possible, shall (7) compliment the architecture, color and construction (4) material of primary buildings on the site. (1) 4.4 All walls, fences or landscaping adjacent to streets (7) should be designed to provideadequate sight distance for (4) vehicles exiting the tract via the private street .All walls shall be designed in accordanceheight standards as identified in the ETSP and City Code where applicable. (1) 4.5 Provide details, colors, and materials for all exterior (7) walkways, stairs and walls. Design interior walkways to (4) create a reinforced pedestrian corridor with accessory landscaping treatment. Exhibit A Resolution No. 3039 Page 6 (1) 4.6 Entryways to the project site should be focal points. In (7) addition to larger tree treatments theseareas realtreshould of landscaping as tment be (4) provided with awellasan variety f color incorporation of special decorative signage or pavement treatment (i.e., walls, gates, lighting, etc.). (1) 4.7 A complete, detailed project sign program sincludlnq shall be (4) design, location, sizes, colors, then submitted for review approved by the Irvine Company and approval by the Department of Community Development. The sign program shall include temporarypermanent poject identification, addressing and street Address signs shall be automatically illuminated. 1 4.8 Indicate lighting scheme for project', note locations of ( ) all exterior lights and types of fixtures, lights to be installed on buildings shall be a decorative design. No lights shall be permitted which may create any glareor have a negative impact on adjoining propertie s. he location and types of lighting shall be subject to the approval of the Director of Community Development. FEES (1) 5.1 Payment of all fees required in Exhibit A of Planning (6) Commission Resolution No. 3038. J P : rxn 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. 92-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-21 AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 13733 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Vesting Tentative Tract Map 13733 is considered a "project" pursuant to the terms of the California Environmental Quality Act; and B. That the project is covered by a previously certified Final Environmental Impact Report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. II. The East Tustin Specific Plan Final Environmental Impact Report (85-2), previously certif ied on March 17, 1986 as modified by subsequently adopted supplements and addenda, was considered prior to approval of this project. The City Council hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR, is therefore determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of the California Environmental Quality Acta Further, the City Council finds the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources; and, therefore, makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. 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 2G 27 2E Resolution No. 92-73 Page 2 Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmental effects thereof. The mitigation measures are identified as Conditions on Exhibit A of Planning Commission Resolution No. 3038 recommending approval of Vesting Tentative Tract Map 13733. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 15th day of June, 1992. LESLIE A. PONTIOUS Mayor Mary E. Wynn, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 92-73 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 of the City of Tustin is five; that the above and forgoing Resolution No. 92-73 was passed and adopted at a regular meeting of the City Council held on the 15th day of June, 1992, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 - 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING OF VESTING TENTATIVE TRACT MAP 13733 TO CREATE THIRTEEN (13) NUMBERED LOTS AND FOUR (4) LETTERED LOTS FOR AN ATTACHED CONDOMINIUM RESIDENTIAL PROJECT LOCATED ON LOT 13 OF TRACT 12870. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Vesting Tentative Tract Map 13733 was submitted to the City Council by California Pacific Homes for consideration. B. That a public hearing was duly noticed, called and held for said map on May 26, 1992 by the Planning Commission and on June 15, 1992 by the City Council. C. That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area. D. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of 234 condominium dwelling units. E. The 1.9320 acres of parkland required for this development was previously dedicated with recordation of Tract 12870. F. That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impacts of Vesting Tentative Tract 13733 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed. G. That the site is physically suitable for the type of development proposed. Resolution No. 92-74 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 cause 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 -at -large, 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. II. The City Council hereby approves Vesting Tentative Tract Map 13733 subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 3038 incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 15th day of June, 1992. LESLIE A PONTIOUS, Mayor Mary E. Wynn, City Clerk