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HomeMy WebLinkAbout01 TT MAP 15326 10-07-96 NO. 1 10-7-96 Inter-Com DATE: OCTOBER 7, 1996 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT TENTATIVE TRACT MAP 15326 $~Y: ApprOval of Tentative Tract Map 15326 WouM allow the conversion of an'existing 64,Unit apartment ~. complex ~. (Laguna.. Gardens) to .. owner-occUpied cOndominium units. The properly is lOcated at 1361 El Camino Real Applicant: Vista Equities, Owner: Salomon Investment Company RECOMMENDATION That the City Council: 1. Approve the Environmental Determination for the project by adopting Resolution No. 96-101; and, 2. Approve Tentative Tract Map 15326 by adopting Resolution No. 96-102. FISCAL IMPACT The applicant for this project has paid application fees to recover the cost of processing the proposed entitlement. The Redevelopment Agency has previously approved a Disposition and Development Agreement to provide $1,174,000 in Town Center Redevelopment Project Area Set-Aside funds for the project. The Agency will also be responsible for approximately $500,000 in relocation costs. BACKGROUND The applicant is requesting approval of a Tentative Tract Map to subdivide a five-acre site into one (1) numbered lot to convert the existing 64 apartment units into condominium ownership. On September 23, the Tustin Planning Commission recommended that the City Council approve the Tentative Tract Map. The Commission also approved a Conditional Use Permit, Design Review and Variance to: City Council Report Tentative Tract Map 15326 October 7, 1996 Page 2 o Authorize the conversion from apartments to condominium units with related site and building improvements (Tustin City Code Section 9224b(1)); and, . Allow a perimeter fence to exceed three (3) feet in height within the front yard setback area (TCC Section 9271i(1) (b)); reduce the minimum amount of required parking spaces from 144 spaces to 133 spaces (TCC Section 9224g(7)); and, modify the type and amount of relocation assistance (TCC Section 9274e(4) (a)). The Redevelopment Agency, at a regular meeting on September 3, 1996, approved a Disposition and Development Agreement (DDA) between the RedevelOpment Agency and the applicant. The purpose of the Agency's assistance is to further the goals of the Town Center Redevelopment Project Area by financially assisting the developer in the acquisition, rehabilitation, conversion to owner-occupied condominium units, and the maintenance of affordability of 14 dwelling units for the life of the Redevelopment Plan. The total amount of Agency assistance to the developer in the DDA is $1,174,000 ($489,000 permanent subsidy; $685,000 loan). Ail assistance Will be provided from Housing Set-Aside funds accumulated in the Town Center Project Area. In addition, the Agency's action on the DDA will result in additional relocation costs to the Agency pursuant to California Redevelopment Law estimated at $500,000. PROJECT DESCRIPTION/SITE PLAN The applicant is proposing to convert the existing 64-unit apartment compIex to condominium ownership. No new units will be created. The development includes 16 single-story buildings, each with four (4) units of approximately 1,050-square feet. The units contain two bedrooms and one bath, and also include a living room, nook, kitchen and private patio. Circular ion/Parking Access to the'site is proposed via a new 26-foot wide private entry from E1 Camino Real near the westerly property line. The private entry drive is proposed to include vehicle gates, adequate vehicle stacking, a guest call box and turn around accommodations. A secondary gated exit drive is proposed from E1 Camino Real, at the existing easterly driveway. The existing driveway on E1 Camino City Council Report Tentative Tract Map 15326 October 7, 1996 Page 3 Real in the center of the property is proposed to be removed and replaced with standard curb, gutter and sidewalk. Due to the close proximity of the proposed westerly driveway and the existing driveway on the Tustin High School property immediately to the east, residents may experience difficulty exiting the site in the morning with the students, pedestrian and vehicular traffic entering the High School site. To avoid potential conflicts, conditions have been included on the project to restrict exiting from the proposed westerly driveway between the hours of 7:00 a.m. - 9:00 a.m on school days. The site presently has 64 covered parking spaces and 47 open spaces for a total of 111 parking spaces, The proposed plans include 64 garage spaces and 69 open spaces for a total of 133 spaces. Per the Zoning Code, a total of 128 covered assigned spaces and 16 guest spaces for a total of 144 spaces are required (City Code Sections 9274a(3) and 9224g(7)) . Due to the uniqueness of the project, the Planning Commission approved a Variance to reduce the required number of covered, assigned spaces and the overall number of spaces provided. Architecture/Landscapin~ The applicant is proposing to renovate the existing Structures by: - RePlacing the existing gravel roof with a new asphalt shingle roof; - Replacing existing wood fascia; - Adding masonite wood siding to portions of the elevations; · - Adding lattice trim to gabled ends and fences; - Adding garage doors to the existing carports; - Adding wood trim to windows and doors; and, - Replacing existing light fixtures. The proposed color palette includes the use of two main building and accent color schemes of tans and golden tans, off white trim and grey/green doors and wrought iron. The roof material is proposed to be dark grey and black asphalt shingles. A concept landscaping plan has been prepared to augment the existing landscaping, particularly adjacent to E1 Camino Real, along the new driveway entrance and along the main east/west.drive. The conceptual landscaping plan includes a plant palette consisting City Council Report Tentative Tract Map 15326 October 7, 1996 Page 4 of Peppermint and Honey Locust trees adjacent to E1 Camino Real, Queen Palms along the new entrance drive, and Queen Palms with Golden Trumpet accent trees on the main east/west drive. A variety of shrubs and ground covers will also be added to the project. Enhanced paving treatment is proposed at the new main entrance and the main intersection within the development. There is an existing pool facility in the northwest corner of the property. A new tot lot facility and fencing will be added adjacent to the pool area. A 6'-0" perimeter fence is proposed adjacent to E1 Camino Real. The fence consists of a combination wrought iron and stucco pilaster and is setback between zero-feet and approximately 10 feet from the front property line along E1 Camino Real. The Planning Commission approved a Variance to allow the height of'the fence to be increased from three feet to six feet within the 20-foot front yard setback area. Housinq/Relocation Requirements The Tustin Community Redevelopment Agency's .adoption of a Disposition and Development Agreement (DDA) requires the preparation of a Relocation Plan consistent with California Redevelopment Law which defines the required relocation assistance that must be provided to all tenants. A Variance was approved by the Planning Commission to modify the actual dollar amount of relocation assistance which is to be equal to twice the last month's rent paid or a minimum of $750 (City Code Section 9274e(4) (a)) · While TTC Section 9274e(4) (a) currently requires relocation in the amount of twice the last month's rent paid or a minimum of $750, this was to provide benefits to tenants where a Redevelopment Project was not being pursued. In accordance with California Community Redevelopment Law, the applicant will be required by the DDA to provide 14 affordable units to satisfy the requirements of Redevelopment Law. Of these, four (4) will be affordable to very low income households, five (5) will be affordable to low income households, and five (5) will be affordable to moderate income households. Each of these units will have recorded deed restrictions ensuring the units will remain affordable through the life of the Redevelopment Plan, which will terminate on November 23, 2016. City Council Report Tentative Tract Map 15326 October 7, 1996 Page 5 ENVIRONMENTAL ANALYS IS A Negative Declaration has been prepared'for this project · The attache~ Init~a% Study discusses . . ~~prm~te mitigation measures, ~~s_mmpac~ categories and ~r~i~f. ~ased upon~ this review, i~ hao ~_the. issues discussed ~u~nn~a± ' . . · ~ o ~n de~ermined that an mm gation measures have been included as Conditions of Approval ' i impacts can be mitigated to an acceptable level and suc~t for the project. Attachments: Community Development Director Location Map Statistical Summary Site Plan/Elevations Planning Commission Resolution Nos. 3473, and 3475 Negative Declaration/Initial Study Resolution Nos. 96-101 and 96-102 E~:DF:PR:br:kbm\ccreport\TT15326.DF 3474 Statistical. Summary -- Amendment to Vesting Tentative Trace Map 15326. R~equirement_ ~ Gross Site Area Building Area Total'Units Density Lot Coverage Building Setbacks Maximum Height Resident Parking 217,633 s.f. N/A .(4.9 acres) No Change N/A 70,470 s.f. No Change N/A 64 apartments 64 condominiums 25 du/ac (gross) 12.81 No Change 65% maximum 32% No Change N/A No Change No Change 35 feet 13 feet No Change 128 covered, 64 cover.ed 64 garage assigned spaces spaces spaces 15 open spaces 47 open spaces 69 open spaces LOCATION MAP 2 / NO SCALE z .o "11I©I ~U I II i '7 ., ~Z- ~ ZU~ - ~ ~ 7 <,<.o mO, -' °i ,~OOE · . o . i0 i! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3473 A RESOLUTION OF THE PLANNING COMMISSION OF-THE CITY OF TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR TENTATIVE TRACT MAP 15326, CONDITIONAL USE PERMIT 96-013, VARIANCE 96- 005 AND DESIGN REVIEW 96-026 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows- I. The Planning Commission finds and determines as follows- Ao The request to approve Tentative Tract Map 15326, Conditional Use Permit 96-013, Variance 96-005 and Design Review 96-026 are considered "projects" pursuant to the terms of the California Environmental Quality Act (CEQA) . m o A Negative Declaration has been prepared for this project and has been distributed for public review. C o Whereas, the Planning Commission of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. m , The Planning Commission has evaluated the proposed final Negative Declaration and determined it to be adequate and complete. The project as mitigated will not. have a significant impact on the environment. E , The mitigation measures identified in the Negative Declaration are incorporated into ResolutiOn Nos. 3474 and 3475 recommending approval of Tentative Tract Map 15326 and approving Conditional Use Permit 96-013, Variance 96-005 and Design Review 96-026 respectively. A mitigation reporting-and monitoring program to assure all mitigated measures are fulfilled has been incorporated as a condition of approval. !0 !1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3473 Page 2 II. A Final Negative Declaration has been completed in compliance with CEQA and state guidelines. The Planning Commission has received and considered the information contained in the Negative Declaration prior to approving the proposed project, and found that it adequately discussed the environmental effects of the proposed project. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, heId on the 23rd day of September, 1996. LOU BONE Chairman 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 Planning Commission of th'e City of Tustin, California; that Resolution No. 3473 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1996. Recording Secretary !0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3474 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP NO. 15326. The Planning Commission of the City of Tustin does hereby resolve as follows: I o The Planning Commission finds and determines as follows: Ao That Tentative Tract Map No. 15326 was submitted to the Planning Commission by Vista Equities for consideration; and, m o That a public hearing was duly called, noticed and held for said map on September 23, 1996 by the Planning Commission; and, C. That potential significant effects were identified, but revisions have been included in the project plans and-agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. A Negative Declaration has been prepared;' and, m o That the proposed subdivision is in conformance with the Tustin Area General Plan and Subdivision Map Act as 'it pertains to the development of residential development; and, E . That the site is physically suitable for the type of development proposed; and, F . G. That the site is physically suitable for the proposed density of development; and, That the design ~f 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; and, 'H. 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; and, !0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3474 Page 2 I o 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 that the City Council approve Tentative Tract Map No. 15326, 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 23rd day of September, 1996. ~Secretary LOU BONE Chairman 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. 3474 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, Recording Secretary · . EXHIBIT A TENTATIVE TRACT MAP 15326 'RESOLUTION NO. 3474 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 provisions of the Tustin City Code. (1) 1.2 Prior to release of building permits, all conditions of approval of Conditional Use Permit 96-013, Design Review 96-026 and Variance 96-005 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3475 and incorporated herein by reference. However, the applicant will be permitted to obtain building permits for rehabilitation and creation of model homes 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 and the city's Subdivision Ordinance. (1) 1..4 Prior to final map approval, the subdivider shall submit' A. A current title report; and 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. SOURCE CODES (1) STANDARD gONDITION (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. 3474 Page 2 PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS *** 2.1 Exiting from the proposed westerly driveway shall be prohibited between the hours of 7:00 a.m. and 9-00 a.m. on school days' Signs'shall be clearly posted indicating this r~striction and instructing vehicles to exit at the easterly driveway. Details of such signs shall be subject to review and approval by the Community Development and Public Works Departments. *** 2.2 Signs shall be posted clearly indicating that the easterl~ dri.veway is "Exit Only" and not an entrance. Details of such signs .shall be subject to review and approval by the Community Development and Public Works Departments. (!) 2.3 The existing westerly driveway to be removed shall be (5) ~replaced w~th curb, gutter and sidewalk constructed to City Standards. Prior to recordation of final maD, the Subdivider shall prepare plans for and construct o~ post security guaranteeing construction of all public and/or private, infrastructure improvements within the boundary of said tract map.in conformance with applicable City standards. 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 Civil Engineer or Civil Engineer experienced with this type of plan preparation. (1) 2.4 The existing easterly driveway, apron shall be reconstructed and the new westerly driveway shall be constructed to meet current Americans with Disabilities Act (ADA) requirements. The maximum ramp slope of the drive apron shall be 10 percent and a 4-foot wide sidewalk with a maximum cross slope ~f 2 percent shall be consfructed at the back of the drive apron. Additional street right-of-way dedication will be required to accommodate this construction. (1) 2.'5 The amount of acceptable~ security for construction of (5) Public improvements shall be reviewed and approved by the Public Works Department. ' Exhibit A Resolution No. 3474 Page 3 (1) 2.6 Ail construction within a public right-of-way and/or (5) public easement must be shown on a separate 24" x 36" plan with all construction referenced to applicable City and County, standard drawing numbers. (1) 2.7 Proposed private streets shall be designed to the (5) following specifications: (6) A. All proposed streets and drives shall be designed in substantially the same width and alignment as shown on the approved Tentative Map unless modified and approved by the Directors of Community Developm.ent and Public Works Departments. B. All private streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used where'practical. .C. Placement of all above-ground facilities, such as signs, street lights and fire hydrants shall be behind the sidewalk when said sidewalks are constructed adjacent to the curb within the street right -of -way. Sidewalks shall flare around all above ground facilities as required by the Building Division. (5) 2.8 In addition to the normal full size plan submittal process', the following plans are also required to be submitted' to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format: a. B. C. D. E. Final Tract Map - Right-of-Way maps, Public Works ImProvements Private Infrastructure Improvements Final Grading Plans and Site Plans 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 CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. Exhibit A Resolution No. 3474 Page 4 DEDICATIONS/RESERVATIONS/EASEMENTS (1) 3.1 The subdivider shallt satisfy dedication and/or (2) reservation requirements as identified in Condition 2 4 above. - (1) 3.2 The proposed development will require annexation to the City of Tustin Landscape and Lighting District. The Public Works Department will require a letter from the property.owner stating that this annexation will not be protested. (1) 3.3 The subdivider will be requried to execute Subdivision and Monumentation Agreements and Provide Improvement and Monumentation Bonds. CONSTRUCTION ACTIViTIEs ADJ___ACENT TO P___UBLIC ~IGHT-OF-WAY (1) 4.1 Any damage done to existing street improvements and (5) utilities shall be repaired befor~ acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 4.2 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. BUILDING/PLAN CHECE (5) 5.1 The Redevelopment Agency shall review and approve all construction drawings, and changes thereto, prior to the issuance of permits, aS.-requir~d by the Disposition And Development Agreement between the Redevelopment Agency and the Developer. . (5) 5.2 Prior to the re-occupancy or sale of an individual, unit, all necesSary corrective/replacement work identified in the Buildings Condition Report prepared by The Le Plastrier Companies shall be required, subject to the approval of the Building Official. Said report did not address the conditions of appliances, All appliances shall be replaced, including ovens, cook tops, vent hoods, garbage disposal, dishwashers and water heaters. During the course of construction, should it become apparent that further'corrective work is necessary to. correct detrimental components of the structures, ..additional repair work shall be required, subject to the · approval of the Building Official. Permit's and Exhibi~ A Resolution No. 3474 Page 5 Inspections shall be required for all removal and replacement construction. (5) 5.3 Prior to the re-occupancy or sale. of an individual'unit, all.necessary corrective work identified in the Pest Inspection Report prepared by Bug Tech Exterminators, Inc. date stamped received June 5, 1996 shall be completed to the satisfaction of the Building official. During the course of construction, should it become apparent that further corrective work is necessary to correct termite, dry rot, roach or other insect damage, additional repair work shall be required to free the structures from infestation, subject to the approval of the Building official. Permits and Inspections shall be required for all removal and replacement construction. (1) 5.4 At building plan check the following shall be submitted' ao Construction plans and calculations shall be submitted for any new construction or remodeling of existing construction. All plans and calculations shall demonstrate compliance with applicable City and State building regulations. Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Addition- ally, 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. Ce Final grading and specific"ation consistent with the site plan and landscaping plans and prepared by a Registered civil Engineer for approval by the Community Deve!opmen~ Department. Do Final street improvement plans consistent with the .site plan and landscaping plans and prepared by a Registered civil Engineer for approval by the Community Development Department. Fe Landscape and'Irrigation plans consistent with the City's Landscape and Irrigation Guidelines. Model complex plans identifying all temporary fencing, landscaping, elevations, parking facilities and other temporary, model complex facilities. Exhibit A Resolution No. 3474 Page 6 G · 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. FIRE AUTHORITY (5) 6.1 Prior t0 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. Provision 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) 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 locations 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. Be Prior to'the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. The CC&R's ~hall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (5) 6.3 Prior to the issuance of any grading permits, construction details shall be provided in the construction drawings for the access gate consistent with the approved concept plan. (5) 6.4 Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be'completed and submitted to the Fire Chief before the issuance of any building permits. Exhibit A Resolution No. 3474 Page 7 (5) 6.5 Prior to approval of a site development/use permit, or the issuance of a building permit, whichever occurs first, the applicant shall submit plans 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) 6.6 Prior to the issuance of any Certificates of Use and Occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. 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 wit~ satisfactory evidence which' indicates that the sound attenuation measures specified in the approved acoustical rep°rt.(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. Ail residential 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. . (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. Exhibit A Resolution No. 3474 Page 8 (1) 7.3 Ail 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 ~.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' ae Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas, under contr61 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 in the following provisions. However, the City shall not be obligated to enforce the .CC&R's. Be The requirement that association bylaws be established. Ce 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. Ee Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. 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, Exhibit A Resolution No. 3474 Page 9 F~ sunshades, trellises, gazebos; awnings, room additions, exterior mechanical equipment, television and radio antenna. . Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below- · Ail 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. · Ail 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 mai~ project'entry shall remain open and accessible ~o the public at all ~imes. · 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 ~aterially detrimental to property values or improvements within three hundred (300) feet of the property may also be added as alternatiVe language. Exhibit A Resolution No..3474 Page 10 Ge He I e 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. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and'!9 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' 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. J. Disclosure information, related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Deyel~pment Department. K. 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. 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 Exhibit A Resolution No. 3474 Page 11 M o maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. Maintenance of all landscaped areas adjacent to E1 Camino Real shall be by the Homeowners Association. No 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. o Disclosure to all future homeowners of the specific location and type of structures which ,will be lodated within the public utility easement. HOMEBUYER NOTIFICATION (1) 9.1 Prior to issuance of Certificate of Occupancy: no A document separate from the deed sha~l be prepared which will be an information notice to future homebuyer~ 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. - C . 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). 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 development, s adjacent or in close proximity to the Exhibit A Resolution No. 3474 Page 12 developments adjacent or in close proximity to the proposed development. (1) 9.2 Subdivider shall notify all potential homebuyers of the (5) following Assessment/Maintenance Districts affecting the property: a. City of Tustin Landscaping and Lighting District as amended. AFFORDABLE HOUSING PROGRAM (5) 10.1 The applicant shall prepare an.aff°rdable housing program in compliance with applicable provisions of California Community Redevelopment Law consistent with the provisions of the Disposition and'Development Agreement between the Redevelopment Agency and the Developer. FEES (1) 11.1 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. ae Street improvement, grading and landscaping plan check and permit fees to the Community Development Department based upon the most current schedule'. . Building plan check and permit fees to the Community Development Dep~rtment based on the most current schedule. (1) 11.2 Within forty-eigh~ (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-eighto(48) hour period that applicant has not delivered to the Community Development Department the above-noted ~heck, 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. Exhibit A Resolution No. 3474 Page 13 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, ~ested or final unless and until the fee is paid. 10 I! 12 13 14 15 16 17 18 19 2O 21 22 23 ~24 25 26 27 28 RESOLUTION NO. 3475 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 96-013, DESIGN REVIEW 96-026 TO AUTHORIZE THE CONVERSION OF THE EXISTING 64 UNIT APARTMENT COMPLEX TO COA~OMINIUM UNITS WITH SITE AND BUILDING RELATED IMPROVEMENTS, AND VARIANCE 96-005 TO ALLOW A PERIMETER FENCE TO EXCEED THREE FEET IN HEIGHT WITHIN THE FRONT YARD SETBACK AREA, REDUCE THE AMOUNT'OF REQUIRED PARKING FROM 144 SPACES TO SPACES, AND MODIFY THE AMOUNT AND TYPE OF RELOCATION ASSISTANCE, ON THE PROPERTY LOCATED AT 1361 EL CAMINO REAL. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: .- Ao That proper applications, Conditional Use Permit 96-013, Design Review 96-026 and Variance 96-005, were filed by Vista Equities to authorize the conversion of the existing 64 unit apartment complex to condominium units with site and building related improvements, and to allow a perimeter fence to exceed three feet in height within the front yard set'back area, reduce the amount of required parking from 144 spaces to 133 spaces, and modify the amount and type of relocation assistance, on the property located at 1361 E1 Camino Real; and, _ m . That a public hearing was duly called,' noticed and held for said applications on September 23, 1996 by the Planning Commission; and, That est'ablishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or'working in the neighborhood of such proposed use, nor to the general welfare of the City of Tustin in that the conversion of existing apartment !0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Resolution No. 3475 Page 2 units to .condominium units .is appropriate given the existing site design, including building arrangement, open space and recreation facilities. With the proposed building and site improvements, including garage parking, the development will offer a level of amenities which is conducive to home ownership. m . That because of special cirCumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. That any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized' shall not constitute a grant of special privilege inconsistent with. the limitations upon other properties in the vicinity and district in which the subject property is situated. There are' special circumstances, with respect to the location, shape and surroundings of the project site creating the need to increase the fence height within the front .yard setback. The property is designed with dwelling unit entrances oriented toward E1 Camino Real. Locating the'fence outside of the 15 foot front yard setback- area 'would be impractical and would negatively impact those dwelling unit entrances. The proximity of the high school immediately to the west results in a high volume of pedestrian traffic adjacent to the project which necessitates a higher level of safety and security as this is the only residential development within the vicinity. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3475 Page 3 . The property is developed and has functioned with 111 parking spaces, the physical constraints of the site will only allow 22 additional spaces to be provided which is proposed as part of the project, the total number of parking spaces would improve the existing conditions and move closer to the Tustin CitY Code requirements since no new dwelling units are proposed. . Redevelopment Agency funds are being provided for the project which requires conformance with California Redevelopment Law. California Redevelopment Law requires specific relocation benefits which must be made available to existing tenants which are more generous ~ ~ and flexible that those benefits required by the Tustin City Code. m o 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: !. Height, bulk and area of buildings. 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. 9. Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. !0 1! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 27 28 Resolution No. 3475 Page 4 12. Appearance and design relationship of proposed structures to existing~ structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. II. The Planning Commission hereby approves Conditional Use Permit 96-013, Design Review 96-026 and Variance 96-005 authorizing the conversion of the existing 64 unit apartment complex to condominiumunits with site and building related improvements, and to allow a perimeter fence to exceed three feet in height within the front yard setback area, reduce the amount of required parking from 144 spaces to 133 spaces, and modify the amount and type of relocation assistance, on the property located at 1361 E1 Camino Real, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1996. LOU BONE Chairman Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, B~BARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3475 was duly passed and adopted at a-r~gular meeting of the Tustin Planning Commission, held on the 23rd day of Septe~er,.1996. Recording Secreta~ EXHIBIT A CONDITIONAL USE PERMIT 96-013, DESIGN REVIEW 96-026 & VARIANCE 96-005 CONDITIONS OF APPROVAL RESOLUTION NO. 3475 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date 'stamped September 23, 1996 on file with the Community Development Department, as herein modified, or as modified by the Director of the 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 Tustin City Code 'or other applicable regulations. (1) 1.2 Unless otherwise specified, the 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 The subject project approval shall become null and void unless permits for the proposed project are issued within twenty four (24) months of the date of this Exhibit and substantial construction, is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of (CUP 96-013, DR 96-026 and VAR 96-005) is contingent upon the applicant'and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant, shall hold and defend the City of Tustin harmless from all claims and liabilities arising out of the City's approval of the entitlement process for this project. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CE. QA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A CUP 96-013, DR 96-026, VAR 96-005 Resolution-No. 3475 Page 2 PLAN SUBMITTAL 2.1 At building plan check, the following items shall be submitted: (3) A. (5) (2) B. (3) Information, plans and/or'specifications to ensure satisfaction of all applicable Conditions of Approval in Exhibit A of Planning Commission Resolution No. 3474. A detailed acoustical noise study prepared by a qualified acoustical expert, subject to review and approval by the Community Development Department, to insure'that interior noise levels do not exceed a maximum of 45 dB CNEL and exterior noise levels shall not exceed a maximum of 65 dB CNEL. The report and any subsequent field inspection shall comply with C~ndition 7.1 and 7.2 of Exhibit A of Planning Commission Resolution No. 3474. SITE AND BUILDING CONDITIONS (i) 3.1 The building plans shall provide exact details for exterior doors and window types and treatments (i.e., framing color, glass tint). Architectural details shall be provided for all building elevations. The appearance and design of said details shall be subject to the approval of the Community Development Department. (1) 3.2 Ail final exterior colors to be used shall be subject to review 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. (1) 3.3 The applicant shall note on final plans that a sixvfoot high chain linked fence shall be installed around the area of construction within the project site prior to construction stages of each phase or effected area of construction' subject to review and approval of the Director of Community Development. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.4 The applicant'shall provide a photometric study for the property to demonstrate compliance with the City's Security Ordinance which requires a minimum of one (!) footcandle of illumination on the street and parking Exhibit A CUP 96-013, DR 96-026, VAR 96-005 Resolution No. 3475 Page 3 surface, and a minimum of .25 footcandles on sidewalks¥ pool area and other pedestrian areas, subject to the review and approval of .the Director of Community Development' (1) 3,5 Address signs shall be illuminated consistent with the City's Security Ordinance. (4) 3.6 Manufacturer fixture'details of all exterior lighting fixtures shall be p~ovided to the Community Development Department for review and approval. All fixtures shall be architecturally compatible with the design of the project. Fixtures should direct light rays downward and not produce light or glare which negatively impacts adjacent units, properties or public right-of-way. *** 3.7 Automatic garage door openers shall beprovided in all garages. (4) 3.8 Trash enclosures shall be finished in stucco and painted to match the buildings. Details of the trash enc~_osures shall be provided and include solid masonry fencing and solid metal gates architecturally consistent with the project. (1) 3.9 Final mailbox architectural details indicating color and (4) exterior treatment shall be included in the working drawings, and subject to review and approval of the Community Development Department during plan check. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 4.1 The applicant shall submit at plan check complete detailed, landscaping and irrigation plans for all landscaping areas, including the 'model complex, consistent with adopted City of Tusti.n Landscaping and Irrigation Guidelines. Landscaping .plans shall be ~ppr~ved by the Community Development Department p~ior to issuance of any building permits. Provide a 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 plantihg and berming details, soil preparation, staking, etc. The irrigation plan. .shall show location and control of backflowoprevention Exhibit A CUP 96-013, DR 96-026, VAR 96-005 Resolution No. 3475 Page 4 devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and i~rigation 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. (1) 4.2 All walls, fences or landscaping adjacent to streets (7) should be designed to provide adequate sight distance for (4) vehicles exiting the tract via the p~ivate streets. (1) 4.3 A complete, detailed project sign program 'including (4) design, location, sizes, colors, and materials shall be submitted for review and approval by the Department of Community Development. The 'sign program Shall include temporary and permanent project identification, addressing and street signs. FEES (1) 5.1 Payment of all fees required in Condition 11.1 through (6) 11.2 of Exhibit. A of Planning Commission Resolution No. 3474. NEGATIVE Filed in the County of Orange, CalZfornza Gary I., Granville, Clerk/Recorder Illlllllllllllllt' 19968001]730 2' 15pm 856 5050181 05 45 , Z01 1 38.00 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way. Tustin, CA 92780 (714) 573-3105 DECLARATION ?rojectTide: TENTATIVE TRACT 15326, CONDITIONAL USE PERMIT 96-O13_~_VARIANCE 96-00~, DESIGN REVIEW 96-026 AND DISPOSITION - ' ?i'ojectLocauon: __1361 EL CAMINO REAL AND DEVELOPMENT AGREEMENT (VISTA EQUITIES) ?r°jectDescripdon: CONVERSION OF A 64 UNIT APARTMENT COMPLEX TO coNDOMINIUM OWNERSHIP Project Proponent: VISTA EQUITIES -- Lead'Agency Contact Person: DANIEL FOX, SENIOR PLANNER Telephone: (714) 573-3115 The Community Development DePartment has conducted an Initial Stud3, for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Env/ronmental Qua. liB, Act, and on the basis of that study hereby finds: [~ That there is no substantial evidence that the project may have a significant effect on the envirbnment_ Date AUGUST 14, 1996 That potential si~maificant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. ., Therefore, the preparation of an Environmental Impact Report is not required. The Initial Stud3, which provides the basis for this determination is attached and is On file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon revi~v by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P'M. ON SEPTEMBER 3, 1996 - .. Elizabeth A. BinsaCk P 0 S T E D°mrnunityDevel°pmentDirector NEGDEC.PM5 3704.A AUG 1995 GARY L. G~NVILLE, Clerk-Recorder By .,~ 165 DEPUI~' FILED · AUG 1996 GARY L.f~,~IVILLE. Cle:k-Ro¢oi'jJei, B),~ DEPUTY COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (7~4) 57S-S~OS INITIAL STUDY A~ BACKGROUND Pro~ectTitle: TENTATIVE TRACT 15326, CONDITIONAL USE PERMIT 96-013, VARIANCE 96-005, DESIGN REVIEW '96-026 AND DISPOSITION AND DEVELOPMENT AGREkI~ENI Lead Agency: 'City of Tustin 300 Centennial Way Tustin, California 92780. Lead Agency Contact Person: DANIEL FOX, SENIOR PLANNER Project Location: 1361 'EL CAMINO REAL Phone: (714) 573-3115 Project Sponsor's Name and Address: VISTA EQUITIES 5000 BIRCH STREEI, SUI1E 940U NEWPORT BEACH, CA ATT: CHANLk5 General PlanDesignation: HIGH DENSITY RESIDENTIAL Zx)ningDesignation: R-3 (MULTIPLE-FAMILY RESIDENTIAL) Project Description: TO CONVERT AN EXISTING 64 UNIT APARTMENT COMPLEX TO CONDOMINIUM OWNERSHIP Surrounding Uses: NorTh TUSTIN HIGH SCHOOL East RETAIL Souih SANTA ANA FREEWAY Other public agencies whose approval is required: []] Orange Count)' Fire Authority [] Orange Count), Health Care Agency [] South Coast Air Quality Management District []] Other West TUSTIN HIGH SCHOOL City oflrvine I-I City of Santa Ann [] Orange County EMA Be ENVIRONMENTAL F,ACTORS POTENTIALLY AFFECTED Tile environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impac(' as indicated by the checklist in .section D below. [2] Land Use and 'Plann/ng ~ Population and Housing ~ Geological Problems E] Water 121 Air Qual/ty I]2] Transportation & Circulation ~ Biological Resources [2] Energy and lvfine~ Resources Q Hazards 12] Noise []]] PubIic Services E] · Utilities and Service Systems Aesthetics Cultural Resources E] Recreation []] Mandatory Findings of Significance Ce DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a si .gyfi/imm effect in this case because the mitigation measures descn'bed on an attached sheets have been added to the project. A NEGATIVE DEO-.ARATiON will be p~ I find that the proposed project MAY have a sitmificant effect on the en;'h'onment, and an ENNqRONMENTAL IMPACT REPORT is required. '" . I fi. nd that the proposed project MAy have a significant effect(s) on the environment, but at least one effect 1) has been adequately anal)zed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if thc effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated., An ENVIlq. ONrMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain lo be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in ti'ds case because all potent/ally significant effects 1) have been anal.s~zed adequately' in an'earlier E[R pursuant to applicable standards, and 2) have been avoided or mitigated pursUant to that earlier ErR, including rex-isions or mit/gat/on measures that are imposed upon the proposed proj~t. . I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in th. is case because all potentially significant effects I) have been ana132ed adequately in an earlier I"rffGATI\rE DECL.~>,_&TION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier N'EGATI\rE DECLARATION, ihcluding rexqsions or mitigation measures th.at are imposed upon the proposed projec, t"-"" $io. qnature ,- Printed Name Title D~ . ENVIRONMENTAL Earlier analyses used' IMPACTS: d vailablefor review at: City of Tustin Community Development Department . 1. LAND USE & PLANNING - Wouid the proposal: a) Conflict with general plan designation or zoning7 b) Conflict with applicable environmental plans or policies. adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land uses in the vicinity? d) Affect agricultural resources or operations? e) Disrupt or divide the physical arrangement of an established community (including a Iow-income or minority communit)97 2. POPULATION & HOUSING - Wouldthe'proposah a) Cumulatively exceed official' regional or local population projections? b) Induce substantial grox~zh in an area either directly or indirectly (e.g., through projects in an undeveloped area or ex-tension of major ~cture)? c) Displace existing housing, especially affordable housing? GEOLOGIC PROBLEM. S - WouM the proposal result in or expose people to potential impacts involving:. a) Fault rapture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mud.flows? f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill7 g) Subsidence of land? h) Expansive soils? i) unique geologic or physical features7 4. WATER - Would the proposal reSUlt in: a) Changes in absorption rates, drainage pauems, or the' rate and amount of surface runoff?. .' b) Exposure of people or propem.' to x~mer related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved ox-)'gen or turbidity)? d) Changes in thc amount of surface water in an)- water body? c) Changes in currents, or thc course or direction of watcr movcmcnts? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact 0 0 0 0 0 E] 0 0 0 0 0 0 0 0 0 0 0 0 0 E] 0 E] 0 0 © 0 0 0 0 0 0 © 0 s~ 0 Change in the quantit3, of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability7 g) Altered direction or rate of flow ofgroundwater7 h) Impacts to groundwater quality7 i) Substantial reduction in the mount of groundwater otherwise awailable for public water supplies? AISR QUALITY - Would the proposal: a)' Violate any air quality standard or contribute to an existing or projected air quality ,,4olation7 b) Expose sensitive receptors to pollutants7 c) Al. ter air movement, moisture, or temperature, or cause any change in climate7 d) Create objectionable odors7 . _ TRANSPORTATION & CIRCULATION- Wouldthe proposal result in: c) d) f) a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or. incompatible uses (e.g., farm equipment)? . - Inadequate emergency access or access to nearby uses? Insufficient parking .capacity omite or off_site? Hazards or barriers for pedem/am or bicyclist7 Conflicts x~-ith adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, x~aterbOme or air u'affic impacts? BIOLOGICAL RESOURCES -. Would the proposal rea~ult in impacts to: a) Endangered, threatened or rare species or their habitats (inclUding but not limited to plants, fish, insects, animals, and birds7 b)' Locally designated species (e.g.,-herimge trees)7 c) Locally designated, natural communities (e.g., oak forest, coastal habitat, etc.)? d) \Vetland habitat (e.g., marsk, riparian, and vernal pool)? e) Wildlife dispersal or migration corridors? ' ENERGY & MINEtL. kL REsOuRcES - Would the proposal: a) Conflict with adopted energy conservation plans? b) Usc nonrenewable resources in a xx~steful and inefficient lnanner:~ c) Rcsul~ in the loss of availability ora known mineral resource lhat would be of fiflure value lo lhc region'? Potentially Significant Impact Po~,,lially Significant 'Unless Mitigation Incorporated Less than $ig~i. nca~t Impact Ato bnpact 0 0 [3 [3 E] E3 [3 0 0 E3 0 0 O- E3 E] 0 E3 E3 0 -0 O' © 0 O 0 © 9. HAZA~S - Would the proposal involve: 10o' 11. a) A risk of accidental explosion or release of hazaxdOus - substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference xvith emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health l~7-~rd7 d) Expos~e of people to e26sfing sources of potential health · e) Lncre~ fire hazard in areas with flammable brusk, grass, or trees2 NOISE - Would the proposal result in: a) Increases in existing noise levels7 · b) Exposure of people to severe noise levels? PUBLIC SERVICES - Would the proposal hm,e an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other govenunent services? UTELITIES & SERVICE SYSTEMS - Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: -. a) Power or natural gas? b) Communications systems? c) Local or re,anal water treatment or distribution facilities? · d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? 13. AESTHETICS - ll.buld the proposal: a) .Affect a scenic vista or s6enic highway7 b) Have a demonstrable negative aesthetic effect2 c) Create light or glare7 l'otential(v Significant Impact t'otcntiall), Significant Unless Mitigation Incorporated Lc.rs than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 © 0 0 0 0 0 0 0 0 0 m. 14. 15. CULTURAL RESOURCES _ Wouldthe prot~osal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Have the potential to cause a physical change which would affect unique ethnic oalntm/values? d). Restrict existing religious or sacred'/rSks within thc potential impact area? RECREATION _ Would the proposal: l'c Sigmjicant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated .Impact AIo bnpacl [3 0 0 a) Increase the demand for neighborhood or regionaI park~ or other recreational facilities? b) Affect existing recreational opportunities? 16. MANDATORY FTNDINGS OlV SIGNIFICANCE . a) Does the project have the potential to degrade the quality of the environment, subs/antialIy reduce the habitat ora fish or wildlife species, cause a fish or vdldlife population to drop below self-sustaining lex,els, threaten to el/m/~te a plant or animal communib; reduce the number or restrict the range of a rare or endangered plant or animal or el/minate important examples of the major periods of Cal/fomia history or prehistory7 b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? -- c) Does the project have impacts that are incLix4dtmlly limited, but cumulatively considerable7 ("Cumulatively considerable" means that the in&emental effects of a project are considerable when viewed in connection the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have em'ironmental effects which cause substantial adverse effects on human beings, either directh- or indirecth,? 0 0 0 EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. ' NITSTUD. PM5 3702A ATTACffMENT A INITIAL STUDY RESPONSES TENTATIVE TRACT 15326, CONDITIONAL USE PERMIT 96-013, VARIANCE 96-005, DESIGN REVIEW 96-026 AND DISPOSITION AND DEVELOPMENT AGREEMENT (VISTA EQUITIES) BACKGROUND The proposed project is a request to covert an existing 64 unit apartment complex 'to condominium ownership and includes the following: · Tentative Tract 15326 - to subdivide an approximate 5 acre site ,into one lot to accommodate 64 Condominium units; Conditional Use Permit 96-013 and Desiqn Review 96L026 - to authorize the conversion from apartments to condominium units with related site and building improvements; · Variance 96-005 - to allow a perimeter fence to exceed three feet in height within the front yard setback area, reduce the minimum amount of required parking from 144 spaces to 133 spaces, and modify the amount and type of relocation assistance; and, e Disposition and Development Agreement - to identify the extent of Redevelopment Agency and Developer obligations with respect to implementing the project. The subject site is located on the north side of E1 Camino Real, west of Red Hill .Avenue at 1361 E1 Camino Real. The site is bordered by Tustin High School on the west and north, commercial uses on the east and the Santa Ana (I-5) Freeway on the south. 1 LAND USE & PLANNING Items a throuqh'e - "No Impact"- The subject property is designated by the General Plan Land Use Map as High Density Residential (up to 25 dwelling units per acre). The subject property is zoned Multiple Family Residential (R-3) which allows condominiums with the approval of a conditional use permit. The site is currently developed with 64 apartments at a density of 12.8 dwelling unit per acre. The existing density is consistent with the General Plan 'Land Use and Zoning Designations. The project does not propose to add-new or remove existing units and would not alter existin~ or future land uses. Sources- Submitted Plans Tustin General Plan & Zoning Code A~tachment A - Initial Study Responses TT 15326 August 14, 1996 Page 2 ~ Miti ation Monitorin Re ired: POPULATION & HOUSINC __ None Required. Items a an~d b - ,,~: The existing development. includes a total of 64 apartment units which are proposed to be converted to condominium ownership. The Project does not propose to add new units or remove existing unit's. Item C - "Potentiall Si nificant Unless ~ ~: The conversion of the existing apartment units to condominium ownership will not result in the 10ss or addition of any residential units. It is 'anticipated that some of-the existing tenants will purchase within the project. However, some of the existing tenants may choose to relocate from the existing complex. The Tustin Community Redevelopment Agency's 'action of a Disposition'and Development Agreement (DDA) requires the preparation of a Relocation Plan consistent withCalifornia Redevelopment Law which defines the relocation assistance for those tenant who wish to relocate. AVariance is proposed to modify the' actual dollar amount of relocation assistance whiCh is to be equal to twice the last month's rent paid or'a minimum of $7.50 (City Code Sect The Relocation~Plan required by California ion 9274e(4)(a)). Redevelopment Law Will provide more benefits and overall assistance to those residents who wishes to relocate, from the project than the City Municipal Code. Calif°rnia'C°mmunity Redevelopment Law.requires that at least 15 percent of the units developed in a project by public or private entities other than the Redevelopment Agency (including such entities receiving Agency assistance) must be affordable to low and moderate income persons and households. Of those units, 40 percent must be affordable to very low income households. The units must remain affordable.for the longest time feasible, but not less than the period of 'the land use controls established in the Redevelopment Plan, which would be enforced through CC&R'.s and deed restrictions on the specific units. Policy 1.4 of the Housing Element promotes ~ispersion and integration of housing for low and very low income families throuqhout a community as opposed to within a particular geographic'area or neighborhood.. .Based upon 64 proposed units, ten (10) units (15 percent) would need to be identified as affordable to satisfy the requirements of Redevelopment Law. Of those ten units, four (4) units (40 percent) would need to be affordable to very low Attachment A - Initial Study Responses TT 15326 August 14, 1996 Page 3 income households. However, the proposal will provide fourteen (14) units to identified as affordable. Of these, four (4) will be affordable to very low income households, five (5) will e affordable to-low income households, and five (5) will be affordable to moderate income households. Affordable expenses are defined to include principal and interest, insurance, taxes, utilities and association fees. 'The State Department of Housing and Community Development (HCD) publishes figures which are the accepted standards to determine income eligibility requirements. -Moderate income groups would.be those households with incomes between 81 percent and 120 percent of area median; Low income groups between 51 percent and 80.~percent of area median; and Very LOw income groups below 50 percent of area median. Based upon published HCD figures as of January 1996, the median income for a family of four in Orange County-is $61,300. Based upon the median income, the affordable units would need to be affordable to those households of four with the incomes as follows: Moderate Income $73,550 Low Income $41,600 Very Low $30,650 These HCD figures vary depending upon household size and'are adjusted to reflect the change in median income over time. The most curreht HCD figures would be used for each particular unit .at the time building permits are issued for 'each respective unit. Sources: Tustin General Plan,Housing Element California Community Redevelopment Law U.S. Department of Housing and Urban Development Mitiqation/Monitoring Required: An Affordable Housing Program consistent with California Community Redevelopment Law shall be prepared and implemented. Selected units to satisfy affordable requirements shall be dispersed throughout the development so as to not concentrate the selected units in any one portion of the project based upon Policy 1.4' of the General Plan Housing Element. Provisions shall be made in the CC&R's for the development and separate deed restrictions recorded on each selected unit identifying the Affordable Housing Program, including income restrictions and time limits Attachment A - Initial Study Responses TT 15326 August 14, 1996 Page 4 under the program. Details of the Affordable Housing Program and provisions contained in-the CC&R's and deed restrictions shall be subject to the approval of the Community Development Department and Redevelopment Agency Attorney prior to the issuance of any permits for the project or approval of the final map which ever occurs first. .. In addition, through the DDA, the Tustin Community Redevelopmeht Agency will provide $1,174,000 to assist in providing the fourteen, affordable units as required by Redevelopment .Law, as well as, maintaining affordabili~y of all units in the project. The $1,174,000 includes a permanent subsidy in an amount equal to $498 000 and' a loan in the amount of $685,000. ' ~ GEOLOGICAL PROBLEMS Items a through e, q throuqh'i - "No impact": -The proposed development, will not expose people to potential" fault ruptures, liquefaction, volcanic hazards 'or mudflows. The site is developed and free of any unique geologic structures. Item f - "Less thanSi nificant Impact"- Minor grading and site improvements are proposed related to conversion of the existing units to condominium ownership, including a new entry driveway on the westerly portion of the site and .other mOdificatiOns to the existing private street improvements. Sources: Field Verification Submitted Plans Tustin City Code Mitigation/Monitoring Required-. Grading, Erosion Control and Street Improvements Plans are required as a condition of approval to ensure th&t all grading activities on the site minimize grading impacts. e WATER Items a through i - "No Impact"- The proposed project development will 'not 'change absorption rates, drainage patters, or flooding. The project site is not location around any standing bodies of water. Attachment A - Initial Study Responses TT 15326 August 14, 1996 Page 5 Sources: Field Verifi'cation Submitted Plans' Tustin City Code Mitiqation/Monitorinq Required: None Required. 5. AIR OUALITY .. Items a through d - "No Impacts": The conversion of the existing apartment units to condominium ownership and related site improvements will not alter air movement, moisture, temperature or cause any changes in .climate, or create objectional odors. No units are proposed to be added or removed from~the site. Sources: Field Verification Submitted Plans Tustin City Code Mitigation/Monitoring Required:_ None Requried. e TRANSPORTATION & CIRCULATION Item b and e - "Potentially Significant Uhless Mitigation Incorporated,,: Access to the site is proposed by a new 26 foot wide private entry from E1 Camino Real near the westerly Property line. The private entry.drive is propose'to include vehicle gates and would include acceptable vehicle stacking, guest spaces and turn around accommodations for the project. A secondary'gated exit drive is proposed from E1 Camino Real at the existing easterly driveway. The existing driveway on E1 camino Real in the center of the property is proposed to be removed and replaced with standard curb, gutter and sidewalk. The street system within the development will be modified to accommodate the new entry drive on the westerly property line. A 32 foot wide private street, with parking on one side is Proposed to connect with the existing main east/west drive. The existing median located in the east/west drive will be removed to accommodate parking on each'side of the street. · . . The Engineering Division has identified potential conflicts with'the morning peak operations of the proposed westerly driveway and its proximity to the existing driveway on the Tustin High School property immediately to the west. Due to Attachment A - Initial Study Responses TT 15326 August 14, 1996 Page 6 the close.proximity of the two driveways, residents exiting the site will likely conflict with the students pedestrian and vehicular, entering the High School site in the morning. Conditions have been included to restrict exiting from the proposed westerly driveway between the hours of 7:00 - 9:00 a.m on school days. Item d - ,,Less ~icant ~ The site presently has 64 covered parking spaces, 47 open spaces for a total of 111 parking spaces. A total 'of 128 covered assigned spaces and 16 g~est spaces for a total of 144 spaces are required (City Code Sections 9274a(3), 9224g(?)). Although additional parking is proposed to be added to the project, a Variance is requested to reduce the number of covered assigned spaces and overall number of spaces provided. The proposed plans include 64 covered spaces, 64 open spaces and 5 guest spaces for a total of 133 spaces. No additional units are proposed for the project which would create a higher parking demand than currently exists. The addition parking will improve existing parking conditions, al  "No ~ The site is currently P ~ with 64 apartment units and no additional' units are proposed. The conversion to condominium ownership will not increase vehicular trips or~ traffic congestions on the surrounding street system. E1 Camino Real has been designed and improved to Secondary Arterial standards and can accommodate the anticipated peak hour demand of the project. Sources- Field Verification Submitted Plans Tustin City Code Tustin General plan, Circulation Element Public Works/Engineering Division Mitl atlon Monitorin Required: A. Due to the proximity of the proposed westerly drivewaY to the existing driveway on the adjacent High School site, exiting from the proposed westerly driveway will be prohibited between .the hours of 7'00.a.m. and 9:00' a.m. on school days. Signs shall be posted clearly indicating this restriction and instructing vehicles to exit at the easterly driveway. Attachment A - Initial Study Responses TT 15326 August 14, 1996 Page 7 Be Ce De Be Signs shall be posted clearly indicating the easterly driveway is "Exit Only" and not an entrance. A separate. 24" x 36" Street Improvement Plan, as prepared by a California Registered Civil Engineer, will be required. Construction or replacement of any missing or damaged public' improvements adjacent to this d.evelopment will be required which shall include, but not be limited to, the following: a) b) c) d) Curb and Gutter Sidewalk Drive Aprons Underground Utility Connections A 24" x 36" repr. oducible work area traffic control plan will be required. This plan shall be prepared by a California Registered Traffic Engineer or Civil Engineer experienced with this type of plan preparation. The existing easterly driveway apron ~ shall be reconstructed and the new westerly driveway shall be constructed to meet the current ADA .requirements. The maximum ramp slope of the. drive apron shall be 10% and a four (4) foot wide sidewalk with a maximum cross slope of 2% shall be constructed at the back of each drive apron. Additional street right-of-way dedication will be required to accommodate this construction. ~ BIOLOGICAL RESOURCES Items a-e - "No Impact": The project site is in an urban area and is currently developed with 64 apartment units, including a variety of ornamental landscaping. Additional ornamental landscaping is proposed throughout the project to supplement and a6gment the existing landscaping. Sources- ,Field Veri-fication Submitted Plans Mitiqation/Monitoring Required- None Required. Attachment A - Initial Study Respbnses TT 15326 August 14, 1996 Page 8 · ENERGY & MINERAL RESOURCES Items a throuqh c - "No Impact": The proposed conversion of the existing .apartments to condominium ownershi~ will not create impacts on energy conserVation or mineral resources with respect to adopted energy-conservation plans, demand for energy, or loss of available known'mineral resoUrces. No additional units are proposed. All utilities°are presently in place to service the project. Sources- Field Verification - Submitted Plans .. _- Public Works/Engineering Division Mitiqation/Monitoring Required: None Required. . HAZARDS Items a throuqh e - "No Impact": The proposed project will not risk accidental explosion, release of hazardous substances, or interference with emergency response plans.' Given the scope and nature of the residential development, the conversion of the project to condominium ownership would not create or expose any pearson to health hazards. The project site is not adjacent to any wildlands. Sources- Submitted Plans Uniform Building and Fire codes Orange County Fire Authority Mitiqati~n/Monitorinq Required- None required. 10. NOISE · Item a - "No Impact"- The proposed project would not add any noise sources into the area as the site is presently developed with 64 apartment units. Item b - "Potentially Siqnificant Unless Mitiqation Incorporated"- Construction activity related to the minor site improvement and building improvements will resuIt in short term construction noise impacts. Compliance with the City's Noise Ordinance related to construction hours will be required. Attachment A - Initial Study Responses TT 15326 August 14, 1996 Page 9 The existing noise levels along E1 Camino Real adjacent to the project are identified in the Tustin General-Plan Noise Element to be approximately 70 dBa CNEL. All residential units will need to be sound attenuated against present and projected noises so not to ekceed 65 dBa CNEL in outdoor living areas and an interior standard of ~5 dBa CNEL in all habitable rooms. An Acoustical Report prepared by 'Colia Acoustical Consultants indicates that the first row of buildings which face the freeway (Units 7, 8, 15, 16, 23, 24, 27 and 28) will need to have entry door and living and dining room window upgrades. · Sources- Submitted Plans Tustin City Code Acoustical Report, Colia Acoustical Consultants, February 28, 1996' Mitiqation/Monitoring Required- 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 Dep~rtment 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. Bo Ail residential 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 dBa CNEL in outdoor areas and an interior standard of 45 dba 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. Ail construction operations, including engine warm-up, deliveries of materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during-the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and Attachment A - Initial Study Responses TT 15326 August 14, 1996 Page 10 9:00 a.m. to 5:00 p.m~ on Saturday unless the Building Official determines that said activity will be in substantial~conformance with the Noise Ordinance and that 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. No Sunday or Holiday construction shall be permitted. Construction hours'shall be clearly posted on the project site to the satisfaction.of the Building Official. 11. PUBLIC SERVICES Items a throuqh e - "No ImDact": The project is a conversion of 64 existing apartment units to condominium ownership. No new development is proposed that would create a demand for new public services. 12. Sources- Field Verification Submitted Plans Public Works/Engineering 'Division Police Dep~rtment Orange County Fire Authority Mitiqati°n/Monitorinq Required: None Required. UTILITIES & SERVICE SYSTEMS Items a through g - "No Impact"- The project is a conversion of 64 existing apartment units to condominium ownership. No new development is proposed that would create a demand for new public utilities. All utilities are existing and adequate to serve the development. Sources- Field Verification Submitted Plans Public Works/Engineering Division Mitiqation/Monitorinq Required- None required. Attachment A - Initial Study Responses TT 15326 August 14, 1996 Page 11 13. AESTHETICS Items a and b -"No Impact"- Proposed plans include a variety of interior and exterior improvements to repair structural defects and to make the buildings marketable for condominium ownership. Some of the interior' improvements include new kitchen counters and appliances, new paint and carpet, new fixtures and door hardware. Some of the exterior improvements include replacing the Existing rock roof with asphalt singles, reaping and replacing eaves, adding garage doors to the existing carports,.repairing private yard f~nces and adding trim detail around windows and doors. The proposed improvements will improve the overall appearance of the project. Item c - "Potentiall Si nificant Unless ~ Incorporated,,: New site lighting will need to be provided to comply with the City's Security Ordinance with respect to minimum lighting requirements. A minimum of one (1) footcandle will need to be provided in the vehicular areas and .25 footcandles will need to be provided in the pedestrian areas. Sources- Field Verification Submitted Plans Tustin City Code Mitigati°n/M°nitorinq Required: a~ A photometric study for the property shall be prepared to demonstrate compliance with the City's Security Code which requires a minimum of one (1) footcandle, of illumination on the street and parking surface, and a minimum of .25 footcandles on sidewalks, pool area and other pedestrian areas. B. No ligh'ts shall create any glare or have a negative impact on adjoining properties shall be permitted. 14. CULTURAL RESOURCES Item a throuqh d - "No. Impact": The project is existing within an urban ~area and is not Within an area 'identified as an archaeological site. Attachment A - Initial Study Responses TT 15326 August 14, 1996 Page 12 Sources- Field Verification Submitted Plans Tustin General Plan, Conservation Element .Mitigation/Monitorinq Re'quired: None Required. 15. RECREATION Items a and b - "Potentiall Si ificant Unless~ted,,: The project is a conversion of existing apartment units to condominium ownership. No new units are proposed to be constructed which would affect existing recreational facilities. Sources: Submitted Plans Tustin City Code .Mitiqation/Monitorinq Required: None Required. 16. MANDATORY FINDINGS OF SIGNIFICANCE Items a-d - "No Impact": The project in and of itself will not cause negative impacts to wildlife habitat, nor limit the achievement of any long-term environmental goals, nor have impacts which are potentially individually'limited but are cumulatively considerable and could potentially have an indirect adverse impact on human beings. Sources- As Previously Stated Mitiqation/Monitoring Required- As previously Stated. DF:br:~?15326~E~V 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR TENTATIVE TRACT MAP 15326 LOCATED AT 1361 EL CAMINO REAL INCLUDING REQUIRED FINDINGS PURSUANT TO 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. The request to approve Tentative Tract Map 15326 is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA). m . A Negative Declaration has been prepared for this project and has been distributed for public review. C . Whereas, the ~City Council of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. m . The City Council has evaluated the proposed final Negative Declaration and determined it to be adequate and complete. The project as mitigated will not have a significant impact on the environment. E , The mitigation measures identified in the Negative Declaration are incorporated into Resolution No. 96-102 approving Tentative Tract Map 15326. F . A mitigation reporting.and monitoring program to assure all mitigated measures are fulfilled has been incorporated as a condition of approval. II. A Final Negative Declaration has been completed in comp%iance with CEQA and state guidelines. The City Council has received and considered the information contained in the Negative Declaration prior to approving the proposed project, and found that it adequately discussed the environmental effects of the proposed project. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 101 Page 2 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 7th day of October, 1996. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 96-101 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of October, 1996, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, CITY CLERK 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP NO. 15326 PERMITTING THE CONVERSION OF AN EXISTING 64-UNIT COMPLEX INTO OWNER-OCCUPIED CONDOMINIUM UNITS LOCATED AT 1361 EL CAMINO REAL. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Tentative Tract Map No. 15326 was submitted 'to the Planning Commission and City Council by Vista Equities for consideration; and, m . That the Planning Commission duly called, noticed and held a Public Hearing for said map on September 23, 1996 and recommended approval of said Tentative Tract Map to the City Council; and, C . That a public hearing was duly called, noticed and held for said Tentative Tract Map on October 7, 1996 by the City Council; and, m . That potential significant effects were identified, but revisions have been included in the project plans and agreed'to by th~ applicant that would avoid or mitigate the effects to a point where no significant effects would occur; therefore, a Negative Declaration has been prepared; and, E . That the proposed subdivision is in conformance with the Tustin Area General Plan and Subdivision Map Act as it pertains to the development of residential development; and, That the site is physically suitable for the type of development proposed;and, That the site is physically suitable for the proposed density of development; and, He 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; and, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 96-102 Page 2 I . J o 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; and, 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 Tentative Tract Map No. 15326, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 7th day of October 1996. Tracy Wills Worley Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 96-102 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of October, 1996, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOESi COUNCI,LMEMBER ABSTAINED: COUNCILMEMBERABSENT: PAMELA STOKER CITY CLERK EXHIBIT A TENTATIVE TRACT MAP 15326 RESOLUTION NO. 96-102 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 provisions of the Tustin City Code. (1) · 1.2 Prior to release 6f building permits, all conditions of approval of Conditional Use Permit 96-013, Design Review 96-026 and Variance 96-005 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3475 and incorporated herein by reference. However, the applicant will be permitted to obtain building permits for rehabilitation and creation of model homes 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 and the City's Subdivision Ordinance. (1) 1.4 Prior to final map approval, the subdivider shall submit: A. A current title report; and 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. 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. 96-102 Page 2 PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS *** 2.1 Exiting from the proposed westerly driveway shall be prohibited between the hours of 7:00 a.m. and 9:00 a~m. on school days. Signs shall be clearly posted indicating this restriction and instructing vehicles to exit at the easterly' driveway. Details of such signs shall- be subject to review and approval by the Community Development and Public Works Departments. *** 2.2 Signs shall be po~ted clearly indicating that the easterly driveway is "Exit Only" and not an entrance. Details of such signs shall be subject to review and approval by the Community Development and Public Works Departments. (1) 2.3 The existing westerly driveway to be removed shall be (5) replaced with curb, gutter and sidewalk constructed to City Standards. Prior to recordation of final map, the Subdivider shall prepare plans for and construct or post security guaranteeing.construction of all public and/or private, infrastructure improvements within the boundary of said tract map in conformance with applicable City standards. 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 Civil Engineer or Civil Engineer experienced with this type of plan preparation. · (1) 2.4 The existing easterly driveway apron shall be reconstructed and the new westerly driveway shall be constructed to meet current Americans with Disabilities Act (ADA) requirements. The maximum ramp slope of the drive apron shall be 10 percent and a 4-foot wide sidewalk with a maximum cross.slope of 2 percent shall be constructed at the back of the drive apron. Additional street right-of-way dedication will be required to accommodate this construction. (1) 2.5 The amount of acceptable security for construction of (5)' public improvements shall be reviewed and approved by the Public Works Department. Exhibit A 'Resolution No. 96£102 Page 3 (1) 2.6 Ail construction within a public right-of-way and/or (5) public easement must be shown on a separate 24" x 36" plan with all construction referenced to applicable City and County, standard drawing numbers. (1) 2.7 Proposed private streets shall be designed to the (5) following specifications: (6) A. Ail proposed streets and drives shall be designed in substantially the same width and alignment as shown on the approved Tentative Map unless modified and approved by~ the Directors of Community Development and Public Works Departments. m o Ail private streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used where practical. C o Placement of all above-ground facilities, such as signs, street lights and fire hydrants shall be behind the sidewalk when said sidewalks, are constructed adjacent to the curb within the street right-of,way. Sidewalks shall flare around all above ground facilities as required by the Building Division. (5) 2.8 In addition to the normal full size plan submittal process, the following plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format: A. B. C. D. E. Final Tract Map Right-of-Way maps, Public Works Improvements Private Infrastructure Improvements Final Grading Plans and Site Plans 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 CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. Exhibit A Resolution No. 96-102 Page 4 DEDICATIONS/RESERVATIONS/EASEMENTS (1) 3.1 The subdivider shall satisfy dedication and/or (2)' reservation requirements as identified in Condition 2.4 above. (1) 3.2 The proposed development will require annexation to the City of Tustin Landscape and Lighting District. The Public Works Department will require a letter from the property owner stating that this annexation will not be protested. (1) 3.3 The subdivider will be required to execute Subdivision and Monumentation Agreements and provide Improvement and Monumentation Bonds. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 4.1 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) 4.2 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. BUILDING/PLAN CHECK (5) 5.1 The Redevelopment Agency shall review and approve all construction drawings, and changes thereto, prior'to the issuance of permits, as required by the Disposition And Development Agreement (DDA) between the Redevelopment Agency and the Developer. (5) 5.2 Prior to the re-occupancy or sale of an individual Unit, all necessary corrective/replacement work identified in the Buildings Condition Report prepared by The Le Plastrier Companies shall be required, subject to the approval of the Building Official. Said report did not address the conditions of appliances. All appliances shall be replaced, including ovens, cook tops, vent hoods, garbage disposal, dishwashers and water heaters. During the course of construction, should it become apparent that further corrective work is necessary to correct detrimental components of the structures, additional repair work shall be required, subject to the approval of the Building Official. Permits and Inspections shall be required for all removal and replacement construction. Exhibit A Resolution No. 96-102 Page 5 (5) 5.3 Prior to the re-occupancy or sale of an individual unit, all necessary corrective work identified in the Pest Inspection R.eport prepared by. Bug Tech Exterminators, Inc. date stamped received June 5, 1996 shall be completed to the satisfaction of the Building Official. During the course of construction, should it become apparent that further corrective work is necessary to correct termite, dry rot, roach or other insect damage,. additional repair work shall be required to free the structures from infestation, subject to the approval of the Building Official. Permits and Inspections shall be required for all removal and replacement construction. (1) 5.4 At building plan check the following shall be submitted: no Construction plans and calculations shall be submitted for any new construction or remodeling of existing construction. All plans and calculations shall demonstrate compliance with applicable City and State building regulations. Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Addition- ally, 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. C , Final grading and specification consistent with the site plan and landscaping plans and prepared by a Registered Civil Engineer for approval by the Community Development Department. D , Final street imProvement plans consistent with the site plan and landscaping plans and prepared by a Registered Civil Engineer for approval by the Community Development Department. E . Landscape and Irrigation plans consistent with the City's Landscape and Irrigation Guidelines. F , Model Complex plans identifying all temporary fencing, landscaping, elevations, parking facilities and other temporary model complex facilities. Exhibit A Resolution No. 96-102 Page 6 G. 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. FIRE AUTHORITY (5) 6.1 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. Provision 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) 6.2 A. 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 locations 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. m . 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) 6.3 Prior to the issuance of any grading permits, construction details shall be provided in the construction drawings for the access gate consistent with the approved concept plan. (5) 6.4 Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714.) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet" This shall be completed and submitted to the Fire Chief before the isSuance of any building permits. Exhibit A Resolution No. 96-102 Page 7 (5) 6.5 Prior to approval of a site development/use permit, or the issuance of a building permit, whichever occurs first, the applicant shall submit plans 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) 6.6 Prior to the issuance of any Certificates of Use and Occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. 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. Ail residential 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 ~oning regulations shall be provided. , (1) 7.2 Prior to issuance of any ~ertificates 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. Exhibit A Resolution No. 96-102 Page 8 (1) 7.3 Ail 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: 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 in the following provisions. However, the City shall not be obligated to enforce the CC&R's. m o 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. m , Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. Exhibit A Resolution No. 96-102 Page 9 m . 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. Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: . Ail 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. Ail 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. Ail trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. 2. Ail 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. . 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. Exhibit A Resolution No. 96-102 Pagel0 G. H. I . Jo K. Lo Homeowner's Association approval of exterior improvements requiring a'building permit shall be obt&ined prior to requesting a building permit from the City of Tustin Community Development Department. Ail plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. 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. 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. Disclosure. information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. 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. 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. Exhibit A Resolution No. 96-102 Page 11 M. Maintenance of all landscaped areas adjacent to E1 Camino Real shall be by the Homeowners Association. No O , 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. Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement. 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. . 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). 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. Exhibit A Resolution No. 96-102 Page 12 (1) 9.2 Subdivider shall notify all potential homebuyers of the (5) following Assessment/Maintenance Districts affecting the property: A, City of Tustin Landscaping and Lighting District as amended. AFFORDABLE HOUSING PROGRAM (5) 10.1 The applicant shall prepare an affordable housing program in compliance with applicable provisions of California Community Redevelopment Law consistent with the provisions of the Disposition and Development Agreement between the Redevelopment Agency and the Developer. FEES (1) 11.1 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. no Street improvement, grading and landscaping plan check and permit fees to the Community Development Department based upon the most current schedule. Building plan check and permit fees to the Community Development Department based on the most current schedule. (1) 11.2 Within forty-eight (48) hours of approval of the subject (5) project the applicant shall de~iver 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. Exhibit A Resolution No. 96-102 Page 13 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.