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HomeMy WebLinkAbout02 TT MAP 15350 11-18-96 NO. 2 11-18-96 · Inter-Com DATE' NOVEMBER 18, 1996 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TENTATIVE TRACT MAP 15350 (IRVINE APARTMENT COM/4IINITIES) SUMMARY:' Tentative TraCt Map' 15350 is a request to subdivide' a 19 aCre site, located on the south side of lrvine Boulevard at Robinson' DriVe, into 14 numbered lots and 12 letteredl°ts to accommodate 316 condominium dWelling units; On October 28, 1996, the Planning COmmission recommended that the City Council approve Tentative Tract Map ~15350 by adOpting Resolution No. 3482 (Attachment A) and approved Conditional :use:Permit 96'027 to alloW the condominiums to be leased as apartments. Applicant: Irvine APartment Communities, RECOMMENDATION That the City Council: · Adopt Resolution No. _96-123 approving the Environmental Determination for the project; and, o Adopt Resolution No. 96-124 approving TentatiVe Tract Map 15350. 'FISCAL IMPACT The applicant has paid application fees to recover the cost of processing~this application. BACKGROUND DISCUSSION In November of 1995, the City Council approved Zone Change 94-004 and the Second Amendment to the East Tustin Development Agreement. These approvals changed the zoning on the subject property from Planned Community - Community Facility (part of a former high school site) to Planned Community - Residential. The East Tustin Land Use Plan was also amended to designate the property Medium Density Residential (18 dwelling units per acre). City Council Report Tentative Tract Map 15350 November 18, 1996 Page 2 On May 6, 1996, the City Council approved Tentative Tract Map 15055 which subdivided.the former high school site into five (5) numbered lots and nine (9) lettered lots. Site and Surro~ding Propertiee The site zs located in Sector 11 of the ETSP on the south side of Irvine Boulevard opposite the Robinson Drive intersection. The site is bordered by existing apartments (Rancho Mariposa) on the east, proposed single family detached homes (Tract 15316) on the south and vacant residential land on the west. ' Project Description and Site Plan The applicant proposes to subdivide a 19 gross acre site into 14 numbered lots and 12 lettered lots to accommodate 316 condominium units which will be leased as apartments. The project results in a gross density of 16.6 dwelling units per acre. The ETSP permits a maximum of 18 dwelling units per acre within the Medium Density Residential land use category. Although the project is to be leased as apartments, development standards of the ETSP related to medium density condominiums have been applied to the proposal. Please refer to Attachment A for a statistical summary of the project. - Primary access to the site will be provided from Irvine Boulevard opposite Robinson Drive by a 56-foot wide private entry. Secondary access will be provided from a cul-de-sac on Kinsman Circle via a 30-foot wide entry. Both entries include vehicle gates and provide sufficient vehicle stacking and turn around areas to accommodate the project, consistent with applicable City Engineering Division and Orange County Fire Department requirements. The circulation system within the tract will be a combination of private streets, with 48-foot rights-of way, including 28-foot vehicle travelways and 35-foot private drives with 24-foot vehicular travelways. The private street and drive rights-of-way will include 4-foot sidewalks on both sides. The project contains five different residential building types, including: six-, seven-, eight-, eleven- and twelve-unit structures. Ail building types are proposed to be two stories and 28 feet in overall height. Eleven different unit floor plans are proposed with floor areas ranging from 977-square feet to 1,224- square feet. Floor plans feature eight different two bedroom/2 bath unit types, one 2 bedroom/2.5 bath unit type and two 3 bedroom/2 bath unit types. Within the building types, the dwelling City Council Report Tentative Tract Map 15350 November 18, 1996 Page 3 units are configured as single level flats, carriage units over garage spaces or two-story townhouses. Throughout the proposed development, residential buildings are clustered in groups of four to create courtyards. Within the courtyards are pedestrian walkways, lawns, sand tot lots, concrete picnic tables with benches, and decorative lighting fixtures. The proposal also includes a recreation center with a swimming pool, spa, children's wading pool, shade structures and lounging areas. The recreation building has restrooms, fitness and children's rooms and leasing/property management offices. Since the parking requirements for condominiums exceed those for apartments, the developer has proposed parking facilities meeting the condominium standards. Parking for the project is accommodated as follows with 216 one-car garages, 100 two-car garages, 216 one- car carports, and 192 guest spaces which exceeds the minimum amount of guest spaces by 9 spaces. Architecture/Landscapinq The proposed architectural style is a contemporary interpretation of the Monterey style which is encouraged by the ETSP. All plans include architectural detaLls such as exposed eaves and rafter ends, multi-pitched roofs, tile accents at windows and gable ends, wood window trims and projecting sills, wooden balconies with spaced board rails and cut-out decorative patterns and horizontal color breaks. The proposed color palette includes the use of six main stuc6o colors consisting of tans, light browns and deep yellow-ocher. Six additional colors are proposed for wood trim including a variety of green and red-brown tones. Architectural accents, such as fascia, will be off-white. Roof tiles will be a blend of tans and browns. While a concept landscaping plan has been prepared, the plan is general in nature as to the specific location, size, quantities and materials that will be used. Final precise landscaping and irrigation plans are required at the plan check stage. The conceptual landscaping plan does include a plant palette consisting of large specimen pine, eucalyptus, and ficus trees to accent projects entries, streets, courtyards and the recreation center. Also proposed are small scale accent trees, and flowering shrubs. Additional landscape .treatments are proposed at the recreation center and leasing office. Enhanced paving consisting City Council Report Tentative Tract Map 15350 November 18, 1996 Page 4 of stamped integral color concrete is proposed at the vehicle entrance gates and to designate pedestrian street crossings. Perimeter landscaping along Irvine Boulevard will be consistent with existing portions of the street and the requirements of the Tract 15055 concept landscape treatment which include the use of Eucalyptus and Canary Island Pine trees. A 6-foot 4-inch high tubular-steel fence on a low slump block wall will be constructed along Irvine Boulevard, set back 12 to 15 feet from the edge of the street and heavily landscaped. Other perimeter treatments surrounding the development will be solid slump block walls. Due to the close proximity of the complex to the park via Kinsman Circle, no direct access will be provided. ENVIRONMENTAL ANALYSIS An Initial Study has been prepared for the project and is attached to this report. Based on review of this project, and Environmental Impact Report 85-2, as amended, it has been determined that environmental issues relating to this project have been addressed. Mitigation measures identified in EIR 85-2, as amended, are included as conditions of approval for the project; therefore, staff recommends that the Council find that the requirements of the California Environmental Quality Act have been met and that no further environmental review is required. ICP Elizabeth A.' Binsa~k Senior Planner Community'Development Director EAB :DF :br: kd/TT15350 Attachments: Location Map Attachment A - Statistical Summary TT 15350/Site Plan/Elevations Attachment B - PC Reso 3482 Initial Study Resolution Nos. 96-123 and 96-124 LOCATION NO SCALE ATTACHMENT A Statistical Summary Tentative Tract Map 15350, Conditional Use Permit 96-0027 and DR 96-038 Gross Site Area Requirement N/A Proposed 19.046 acres Total Units N/A 316 units Density Building Setbacks Private Street 18 du/ac (gross) 16.6 du/ac (gross) 10 feet minimum 10 feet minimum Private Drive 5 feet 5 feet Distance Between Structures 10 feet minimum 10 feet minimum Height 40 feet maximum 29 feet 4 inches Resident Parking Condominiums Total 0 garages 632 carports 183 open quest 815 spaces Unit Floor Plans Sq. Ft.- Plan Type Plan A 977 Plan B 1,029 Plan Bi 991 Plan C 1,068 Plan D 1,080 Plan E '1,2'21 Plan F 1,224 Plan G 1,106 Plan H 1,156 Plan J 1,092 Plan K 1,071 2 BED/2 BATH 2 BED/2 BATH 2 BED/2 BATH 2 BED/2 BATH 2 BED/2 BATH 3 BED/2 BATH 3 BED/2 BATH 2 BED/2 BATH 2 BED/2 BATH 2 'BED/2 BATH 2 BED/2 BATH 416 garages 216 carports 192 open guest 824 spaces Quantity Percentaqe 15 4.8 27 8.5 28 8.9 30 9.5 30 9.5 55 17.4 55 17.4 19 6.0 19 6.0 19 6.0 19 6.0 TOTAL 316 100.0% TOTALS 71 100% ~m c~ COz ___© Z-l- -~-n zDm 0 ~m iZ -t 0 o~ LI · Z' ..-,4 0 · ~c~ Z~,. 0 Z o~: , Z oC~ -~]0 C ]~ ~) Z z o~: ol IT! , Z oO3 !! I ! I I ! l--r- C]~ ~) Z ~_o Z ~- OZ , -~]o OZ ]On] o~ , C) Z 0"o o~ ol IT! , Z 0o3 l ! l 0 .1 I Ol i'FI , Z 0(,~ z"r' C>Z I , il r"~ 0 ii j. _._.~l ROBINSON ROAD 'i Ill! C]~ ZT 7>. >. I o~n'! z ' -I 0 I ROBINSON ROAD I ii C~ ZI Z~ C)Z 0 i I Z:~ OZ ! i 0-1 ITl Z ' '--i r-O~ 0 ITl C~ Z~ 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3482 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP NO. 15350. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Tentative Tract Map No. 15350 was submitted to the Planning Commission by Irvine Apartment Communities for consideration. m o That a public hearing was duly called, noticed and held for said application by the Planning Commission on October 28, 1996. C o That an Environmental Impact Report EIR 85-2, as modified by supplements and addenda, for the East Tustin Specific Plan has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project. m o That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan (as amended by ZC 94-004), Development Agreement (as amended by the Second Amendment), and Subdivision Map Act. E o The 2.0856 acres of parkland required for this development was previously dedicated with the recording of Tract 15055. F o That the City has reviewed the status of the School Facilities Agreements between the Irvine Company and the 'Tustin Unified School District for the impact-of Tentative Tract 15350 on School District facilities, and changes in state law. Impacts associated with this approval on School District facilities are adequately addressed. Go That the site is physically suitable for the type of development proposed. H o 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. I 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. Resolution No. 34~_ Page 2 Jo Ko That the design of the subdivision or the types of improvement proposed are not likely to cause serious public health problems. The project has been determined to be exempt from the provisions of Measure "M" because entitlements specified in the East Tustin Development Agreement entered into in 1985, and the estimated project generated traffic does not cause the roadway system to exceed established levels of service standards. 8 II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 15350, subject to the 9 conditions contained in Exhibit A, attached hereto. 10 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28th day of October, 1996 11 . 14 13 E~ LOU'BONE  Chairman ' ARBARA REY Recording Secretary 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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. 3482 was duly passed and adopted at a regular meeting of the Tustin Planning Commission BARBARA REYES ~ Recording Secretary EXHIBIT A TENTATIVE TRACT MAP 15350 RESOLUTION NO. 3482 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 1.1 Prior to recordation of the final map, the Subdivider (2) shall prepare plans for construction or post security (3) guaranteeing construction of all public and/or private, (5) infrastructure improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: ko C o D. E. F. G. H. I. J. K. L. M. Curb and gutter Sidewalks, including curb ramps for the physically disabled Drive aprons Signing/striping plan Street paving Street lighting Catch basins/storm drain Domestic water facilities Reclaimed water facilities Sanitary sewer facilities Landscaping and Irrigation Underground utility connections Traffic signal modification plan The amount of acceptable security for completion of public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. In addition, a 24"x 36" reproducible construction area traffic'control plan, prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. 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. 3482 Conditions of Approval TT 15350· Page 2 (1) 1.2 Ail construction within a public right-of-way and/or public easements must be shown on a separate 24" x 36" plan prepared by a California Registered Engineer, with all construction referenced to applicable City, County or Irvine Ranch Water District standards drawing numbers. (1) 1.3 Ail changes in existing curbs, gutters, sidewalks and (6) other public improvements Shall be responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: no Sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. m o A domestic water system must comply with the standards of the Irvine Ranch Water District/City of Tustin Water service, whichever is applicable. Improvement plans shall also be reviewed and approved by the Orange County Fire- Authority for fire protection purposes. The adequacy and reliability _of water system design and the distribution of fire hydrants will be evalUated. The water distribution system and appurtenances shall conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall comply with th~ standards as required by the Irvine Ranch Water District. C. Sewer and water facilities shall be clearly indicated as publicly maintained. Maintenance access to water facilities shall be the responsibility of the Homeowner,s Association and accommodations for such access shall be established prior to building permit issuance. (1) 1.5 Proposed streets shall be designed to the following (5) specifications: (6) Ao Ail proposed streets shall be designed in substantially the same width and alignment as shown on the approved tentative map unles's modified and Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 3 approved by the Directors of Community Development and Public Works. B o C o Ail streets and drives shall be constructed in accordance with City requirements in terms 'of type and quality of material used. Sidewalk areas shall flare around the placement of above ground facilities, such as signing, street lights and fire hydrants unless located outside of the sidewalk. m o Parking shall only be permitted on streets as approved by the Police and Fire Departments. Signage and red curbing shall be installed where appropriate. (1) 1.6 Streets, storm drain, water and sewer improvement plans (6) shall comply with- the "City of Tustin Minimum Design Standards for On-Site Street and Storm Drain Improvements", except as modified by the Building Official. (5) 1.7 The developer will be responsible for any traffic signing and/or striping along Irvine Boulevard and Robinson Drive north of Irvine Boulevard which will be required as a result of this development. A 24" x 36" reproducible signing and striping plan will be required and said plan shall be prepared by a California Registered Civil Engineer. (1) 1.8 A complete hydrology study and hydraulic calculations (5) shall be submitted for review and approval by the City prior to permit issuance. The inlet at the sump location shall accept 100 year storm Q. (5) 1.9 In addition to the normal full size plan submittal process, all final development plans, including but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, and final grading plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided drafting and design (CADD) format. The acceptable formats shall be Intergraph 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 Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 4 preparing plans in CADD, and these guidelines are available from the Engineering Division. The applicant may submit manually prepare~ plans in lieu of CADD files and pay a "processing fee" to the City to have the drawings converted into CADD format. This fee will cover the City's costs t0 transfer the information from the above noted plans to CADD so the information can be integrated into the City's infrastructure base map. The processing fee will be determined on a case by case basis after the plans have been submitted for review. (t) 1.10 Ail required modifications to the existing traffic signal at Irvine Boulevard and Robinson Drive will be the responsibility of the developer, including installation of loop detectors at the entrance street, upgrade the. existing traffic signal controller to current City Standards, and relocation of the existing pull boxes in the roadway median. Ail modifications shall be shown on a duplicate mylar of the existing traffic signal plan and the modifications shall be prepared by a California Registered Civil Engineer. A traffic signal equipment and maintenance easement will be required at the main entrance from Irvine Boulevard. (1) 1.11 Catch basins shall be provided at Irvine Boulevard and (5) the drive entrance opposite Robinson Drive with connection to the existing 54" RCP storm drain in Irvine Boulevard, to eliminate the need for a cross gutter. DEDICATIONS RESERVATIONS EASEMENTS (1) 2.1 The subdivider shall satisfy dedication and/or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street and flood (6) control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other applicable agencies. (5) 2.2 Dedication of an access easement to the City of Tustin through the property to the storm drain at the southerly end of Lot "C" (sump location) for storm drain maintenance purposes will be' required. The final location and width of the easement shall be reviewed and approved by the Public Works Department prior to approval of the final map. Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 5 (5) 2.3 Lots I and K shall be maintained by the Landscape and Lighting District and shall be equipped with a computeriZed irrigation system fully compatible with the existing system currently utilized in other areas of Tustin Ranch, subject to approval of the Director of Public Works. (5) 2.4 The developer will be required to execute a drainage agreement with the City of Tustin to accept drainage from the public right-of-way which will flow onto the private streets and into the private storm drain system. This drainage agreement must be recorded prior to, or concurrently with, recordation of the final map. (5) 2.5 A traffic signal equipment and maintenance easement will be required at the main entrance from Irvine Boulevard. Said easement must extend 30 feet southwesterly from the southwesterly line of Lot J. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of a final map, the subdivider shall (2) post with the Community Development Department a minimum (6) $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. If this deposit is depleted prior to completion of development or the appearance of public streets necessitates additional cleaning, an additional incremental deposit will be required. (1) 3.2 Any damage done to existing street improvements and (6) utilities shall be repaired before acceptance of the tract.and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 3.3 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. (5) 3.4 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized when possible. Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 6 (5) 3.5 Modify existing median including landscape and irrigation to provide a left turn pocket for entrance opposite Robinson Drfve. Design of left-turn pocket shall be based upon projected demand at the intersection. Improvement plans shall be submitted for review and approval by the Public Works Department. (5) 3.6 This development shall be phased so that all construction access will be taken through Kinsman Circle and/or "A" Street. No temporary access locations will be permitted. gRADING/GENERAL __ (1) 4.1 Prior to issuance of grading permits: (2) (6) A. A detailed soils engineering report- shall be submitted to and approved 'by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable state and local laws, regulati and requirements, ons m . The applicant shall submit a grading plan subject to approval by the Department of Community Development delineating the following information: 1. Methods of drainage in accordance with all applicable City standards; 2. Applicable recommendations submitted by geotechnical or soils engineer; 3. Compliance with conceptual grading shown on tentative tract map; A drainage plan and necessary supporting documents such as hydrology calculations to comply with the following requirements: a . Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rainfall which may be eXpected from all storms up to and including the theoretical 100 year storm Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 7 o o o and dedication of any necessary easements on the final map as required. b o Elimination of any sheet flow and ponding across lot lines. C ° Provision of drainage facilities to protect the lots from any high velocity scouring action. d o Provision for tributary drainage from adjoining properties; Ail flood hazard areas of record; A note shall be placed on the grading plan .requiring Community Development .Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter; A note shall be placed on the plans that a qualified paleontologist/archeologist, as appropriate, shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archeologist subject to review and approval by the Public Works and Community Development Departments. Ail "finds" shall be reported immediately to the Department of Community Development. The paleontologist/ archeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained; The applicant shall prepare a sedimentation and erosion control plan for all construction work, including a method of control to prevent dust and windblown earth problems. Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 8 (1) 4.2 Ail earthwork shall be performed in accordance with the (3) City of Tustin Municipal Codes and grading requirements. (5) 4.3 The applicant shall submit two copies of the Notice of Intent for the NPDES construction permits, as submitted to the State of California Water Resources Control Board (one copy to Community Development/Building Division, one copy to Public Works Department/Engineering Division). (5) 4.4 The applicant shall submit two copies of the storm water pollution prevention plan, as submitted to the State of California Water Resources Control Board (one copy to Community Development/Building Division, one copy to Public Works Department/Engineering Division). FIRE DEPARTMENT (5) 5.1 Prior to the recordation of a final tract map, water improvement plans shall be submitted to and approved by the Fire Chief to ensure adequate fire protection and financial security shall be posted for the installation. The water system design, location of valves, and the distribution for the fire hydrants will be evaluated and approved by the Chief. (5) 5.2 Prior to the issuance of any final map, the applicant shall submit evidence of the on-site fire hydrant system, and indicate if the improvements are public or private. If the system is private, provision shall be placed in the CC&R's for the repair and maintenance of the system. (5) 5.3 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker,, indicating the locations on the street or drive per the Orange County Fire Authority Standard. On private property, these markers shall be maintained in good condition by the property owner. Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 9 (5) 5.4 Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. (5) 5.5 Prior to the.issuance of any grading permits, plans for the fire alarm system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. This shall comply with Uniform Fire Code Section 14.104 (g). (5) 5.6 Prior to the issuance of any grading permits, street improvement plans with fire lanes shown shall be submitted to and approved by the Fire Chief. The plans shall show the locations of red.curbing and signage, and proposed signage with the height, stroke and color of lettering and the contrasting background color. 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) 5.7 Prior to the issuance of any grading permits, plans for all street and drives, pUblic or private, shal1 be submitted to and approved by the Fire Chief. The plans shall include sectional views and indicate the width measured flow line to flow line. Ail proPosed fire apparatus turnarounds shall be clearly marked. (5) 5.8 Prior to the issuance of any building permits, construction details for any emergency access gate shall be submitted to and approved by the Fire Chief. Contact the Orange County Fire Department at '(714) 744-6623 for a copy of the "Guidelines for Fire Department Emergency Access." See comments 5.6 and 5.7 above. (5) 5.9 Prior to issuance of any building permits, contact the Orange County Fire Department Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet" for swimming pool. chemicals. This shall be completed and submitted to the Fire Chief before the issuance of any building permits. Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 10 (5) 5.10 Prior to the issuance of any grading permits, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible chemicals. These liquids and materials are to be classified according to the "Orange County Fire Department Chemical Classification Handout,,. Provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. Ail forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. Compressed qases and compressed liquified gases are to be converte~to cubic feet. (5) 5.11 Prior to the recordation of the final tract map, two approved means of access shall be provided. NOISE (1 6.1 Prior to the issuance of any building permits: (2) (3) 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 lots and 'dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 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. (1) 6.2 Prior to issuance of any Certificate of Use or (3) Occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 11 (1) 6.3 Ail construction operations including engine warm up (5) 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) 6.4 Construction hours shall be clearly posted on the site to (5) the satisfaction of the Building Official. CC&R'S (1) 7.1 Prior to approval of the final map, all organizational 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 their recordation. CC&R's shall include but not be limited to the following provisions: A. sinCe the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of a Homeowner's Association, the City shall be included as a party to the CC&R's for enforcement purposes of those CC&R provisions in which' the City has interest, as reflected by the following B through Q. However, the City shall not be obligated to enforce the CC&R's. B. The requirement that association bylaws be established. C o Provisions for effective establishment, operation, management use repair and maintenance of all common areas and facilities including landscaped areas and lots, walls, fences and paseos. m o Membership in any Homeowner's Association shall be inseparable from ownership in individual condominium units. Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 12 E o F ° Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finished, roof materials, fences and walls, accessory structures such as patios, sUnshades, trellis awni ~s, gazebos, ngs, room additions, exterior mechanical equipment television and radio antenna. , Maintenance standards shall be provided for application items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: . Ail common area landscaping and private lawn areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. Ail planted areas other than lawns shall be free of weeds, dead vegetation and 'debris. Ail trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees.shall be pruned so that they do not intrude into neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. Ail trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks driveways and structures. , . Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been. created by the absence of adequate maintenance such as to be detrimental to public health, safety or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within the boundaries of the subdivision and Homeowner,s Association, to surrounding property or to proPerty or improvements within three hundred (300) feet of the property may also be added as alternative language. Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 13 G o I o J. Ko n o Mo Homeowners'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. Ail plans for exterior improvements shall conform to requirements set forth by the City and their CC&R's. Ail plans submitted to the City shall bear the Association's stamp and authorized signature of approval. 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 or driveway area except for purposes of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. Ail utility services serving the site shall be installed and maintained underground. 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. Perimeter project block walls and fences to be constructed on private property shall be maintained and replaced, if necessary, by a Homeowner's Association. This shall not preclude a Homeowners's Association from assessing charges to individual property owners for structural damage to the wall or fence. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce Maintenance of the common areas Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 14 N. . and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. Maintenance of all manufactured slopes on individual lots shall be the responsibility of the individual property owners. The Homeowner,s Association is responsible for monitoring and enforcing any and all parking and traffic regulations on private streets. The project cc&R,s shall include provisions to require the Association, to develop and enact an enforcement program related to enforcement of parking and traffic regulations within the private development. Said program may include provisions for levying fines, collecting fines and enforcement/ monitoring by private security companies/persons. To ensure the proper use of parking spaces within the subdivision, CC&R's shall include the following acknowledgments and restrictions, which shall also be signed as a separate notification and acknowledgement, by each new homeowner in the subdivision: 1. Project has ~92 guest spaces; individual owners shall have no right to use guest spaces for any vehicle. . o . Individual owners shall park vehicles in garage space and/or carport provided vehicles do not overhang the public or private right-of-way or sidewalk easements. Storage of'personal items may occur in the garages only to the extent that vehicles may still be able to be parked within the required garage spaces. Individual owner understands that the subdivision has strict parking regulations that will be enforced by the Homeowner,s Association. Should an individual owner own more than two vehicles, additional vehicles shall be kept outside of the subdivision boundaries. Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 15 Prior to implementation of such a program, copies of the approved HOA program shall be forwarded to the City of Tustin Police Department and Community Development Departments for review and approval. The Police Department and Community Development Departments shall also be provided with any amendments or modifications to the program~ Ail parking regulations shall be enforced at time of final occupancy of any phase of the project. TENANT/HOMEBUYER NOTIFICATION (1) 8.1 Prior to issuance of any Certificate of Occupancy: Ao A document separate from the deed, which will be an information notice to future tenants/homebuyers of aircraft noise impacting the subdivision, shall be recorded. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination shall be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. B o The subdividem shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literature for the residential project with the approved aircraft/helicopter noise statement and the approved schools notification statement. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. C o The subdivider shall provide the City with a copy of the approved aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 16 Do 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); and (2) Advice to homebuyers that proposed school sites may never be constructed. E. The future developer shall provide the City with a statement, signed by each tenant/homebuyer, containing a comprehensive description Of all private and public improvements and developments adjacent or in .close proximity to the proposed development. (1) 8.2 The subdivider shall notify all potential buyers of (5) subdivided lots and potential liens/assessments against the subdivided properties as follows: - A. Re-assessment District 95-1; and B. The City of Tustin Landscaping and Lighting District as amended. FEES (1) 9.1 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. Ao Building plan cheCk and permit fees to the Community Development Department based on the most current schedule. m . New development fees in the amount of $350 per unit plus $100 for each bedroom over 1 bedroom to the Community Development Department. Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 17 C o Required East Tustin Facility Fees, as amended, to the Community Development Department as may be adjusted annually to reflect cost of living increases: 1) 2) 3) Civic Center Expansion Fee in the amount of $35,456 Irvine Boulevard Widening Fee in the amount of $5,610 Fire Protection Facility Fee in the amount of $36,853 D o Major thoroughfare and bridge fees in the amount of $1,487 per unit to the Tustin Public Works Department. E o Payment of all applicable Re-assessment District 95-1 reapportionment costs to the Public Works Department as required by the City Engineer. Reapportionment of acreage assessments to individual subdivided lot assessment. F . School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. G o Water and sewer connection fees to the Irvine Ranch Water District. (1) 9.2 Within forty-eight (48) hours of approval of the subject (5) project, the appliCant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. Exhibit A - Resolution No. 3482 Conditions of Approval TT 15350 Page 18 GENERAL (1) 10.1 Within '24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335 08 of the Tustin Municipal Code. ' (1) 10.2 Prior to occupancy of units as condominiums, the subdivider shall record a final map in conformance with the approved tentative map. (1) 10.3 Prior to final map approval, the subdivider shall: A. Submit a current title report; B. A duplicate mylar of the Final Map, or 8~ inch by 11 inch transparency of each map sheet prior to final map approval and "as built,, grading, landscape and improvement plans prior to Certificate of Acceptance; and - C. A list of street names .to be approved by the City of Tustin Street Naming Committee. (1) 10.4 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development Agreement, and EIR 85-2. (1) 10.5 The cumulative number of residential units for which certificates of occupancy may be issued shall not exceed the cumulative total of square feet of occupied revenue generating uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. (1) 10.6 Prior to release of building permits, all conditions of approval of Design Review 96-038 of the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3484 and incorporated herein by reference. (1) 10.7 Tract 15055 shall be recorded prior to the recording of Tract 15350 or the issuance of any permits including rough grading for Tract 15350. ' COMMUNITY DEVELOPMENT DEPARTMENT $00 Centennial pi'ay, Tustin, CA 92780 (714) 573-3105 INITIAL STUDY BACKGROUND Project Title:71~/~,~ ~ ~ Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: <J ~Fd, Project Location: ~~ ~O0[F~~ ~t~T~ i --- ~ -. - Project Spo~or~s Nme ~d Address: General el~ Desi~ation: .¢[~H~ ZodngDesi~ation: ~&~m~ 00~0~ ~~~'~l. Project Description: ~0~[~ ~ Surrounding Uses: North ~,.~.d ~3't~ Other public agencies whose approval is required: Orange County Fire Authority 0r~ge County Health C~e Agency South Coast Air Quality Management District Other City oflrvine City of Santa Ana Orange County EMA Be ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. 1~ Land Use and Planning ~ Population and Housing 1~ Geological Problems 1Xi Water Air Quality Transportation & Circulation [] Biological Resources [] Energy and Mineral Resources Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources 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 en'dronment, 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 significant effect in this case because the mitigation measures described on an attached sheets have been added to the project. A NEGATIVE DECLARATION will be prepared. . . I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAy have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed 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, ff the effect is a "Potentially Significant Impact" or "Potentially Signifi~t Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to 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 this case because all potentially significant effects 1) have been analyzed adequately in an earlier E[R pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier ElK including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have.a significant effect on the envirOnment, there WILL NOT be a significant effect in this case because all potenfiallv significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Signature {,v~ [ k' "\ Printed Name ' ' t, -- Date Title D. ENVIRONMENTAL IMPACTS' ~arlier analyses used: ~l. ~_ ~F'2' Z, ~.~c..'rD~ 4}2~1~ ~JaiiaOi~ f~r r;oiew at: Ci}y of Tustin Communi~ Significant Development Department Impact Potentially Significant Un I e ss Mitigation Incorporated Less than Significant Impact No Impact 1. LAND USE & PLANNING- Would the proposal: a) Co .nflict with general plan designation or zoning? [3 b) .Conflict with applicable environmental plans or policies adopted by agencies vdth 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 low-income or minority community)7 12 [3 Cl Ul 2. POPULATION & HOUSING- Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial grov~ in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? 0 [3 0 GEOLOGIC PROBLEMS - Would the proposal result in or ' expose people to potential impacts involving: a) 'Fault rupture? b) Seismic ground shaking? - c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? f) Erosion, changes' in topography or unstable soil conditions from excavation, grading, or fill.'? g) Subsidence of land? h) Expansive soils? i) Unique geologic or physical features? 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4. WATER - llbuld the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff'?. b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxTgen or turbidiB')? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? 0 0 0 0 0 0 [3 0 0 0 f) Change in the quantity of ground waters, either through direct additions or x~4thdrawals, or through interception of an aquifer by cuts or excavations or through sUbstantial loss of groundwater recharge capability? g) Altered direction or rate of flow ofgroundx~mer? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public v,-'dter supplies? 5. AIR QUALITY - ~tbuld the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensit/ve receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause an)' change in climate? d) Create objectionable odors? TRANSPORTATION & CIRCULATION - I4~ould the proposal result in: 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)? . c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity onsite or offsite? · e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts ~5th adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle rocks)? g) RaiI, waterborne or air traffic impacts? BIOLOGICAL RESOURCES _ I~'ould the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish insects, animals, and birds? b) Locally designated Species (e.g., heritage trees)? c) Locally designated natural communities (e.g., oak forest, coastal habitaL etc.)? d) . Wetland habitat (e.g., marsh, riparian, and vernal pool)? e) Wildlife dispersal or migration corridors* ENERGY & MINERAL RESOURCES - If, buld the proposal: a) Conflict with adopted energy conservation plans? b) Use nonrenewable resources in a wasteful and inefficient manner? c) Result in the loss of availability of a known mineral resource that would be of future value !o the region? Potentially Significant Impact otentially Significant Unless Mitigation Incorporated Less than Significant Impact A:o hnpact Potentially Significant Impact olenliall3, Significant Unless Mitigation h~corporated Less than Significant Impact No Impact 9. ItAZARDS - Would the proposal invoh,e: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with emergent3' response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Ex~posure of people to existing sources of potential health hazards? e) Increased fire hazard in areas xvith flammable brush, grass, or trees? 10. NOISE - Would the proposal result in: 11. a) Increases in existing noise levelS? b) Exposure of people to severe noise levels? PUBLIC SERVICES - Would the proposal have an effect upon, or result in a need for new or altered government sera,ices in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other government services? _ 12. UTILITIES & 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 s3,stems? c) Local or regional 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 - Would the proposah a) Affect a scenic vista or scenic highway'? b) Have a demonstrable negative aesthetic effect'? c) Create light or glare? 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 mo 14. CULTURAL RESOURCES - Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological.resources? c) Have the potential to cause a physical change which would affect unique ethnic cultural values? d) Restrict exi'sting religious or sacred uses within the potential impact area? 15. RECREATION _ Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect exSsting recreational oppommities? 16. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustai~ng levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmen_tal goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have emSronmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? :denlialI. F Xig. ifica, t ?otentia/Iv Unless Less that, Significant g<fitigation Significant Impact Incorporated Itnpact No Impact o o o EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. INITSTUD. PM5 3702A ATTACHMENT A TIERED INITIAL STUDY RESPONSES EVALUATION OF ENVIRONMENTAL IMPACTS TENTATIVE TRACT 15350, CONDITIONAL USE PERMIT 96-027 AND DESIGN REVIEW 96-038 BACKGROUND The proposed project is an application by Irvine Apartment Communities requesting authorization to subdivide a 19-acre site to create fourteen (14) numbered lots and twelve (12) lettered lots to accommodate the development of a 316-unit condominium project to be leased as apartments. The subject property, Lots 1, A and G of Tract 15055, is located near the southeast corner of Irvine Boulevard and Tustin Ranch Road. The subdivision of this property is governed by the regulations included in the East Tustin Specific Plan (ETSP), as amended, and the Second Amendment to the East Tustin Development Agreement approved by the City Council in November of 1995. The East Tustin Land Use Plan designates the project site with a variety of land use designations, including Medium-Low Density Residential, Medium Density Residential and Neighborhood Park. The proposed subdivision is consistent with amendments to the ETSP (Zone Change 94-004) and Second Amendment to the East Tustin Development Agreement, including restrictions on the maximum number of units in the area. This is a tiered init°ial study that is based on and incorporates by reference, the environmental analysis included in EIR 85-2 for the ETSP (certified March 17, 1986) and subsequently amended with supplements and addenda, specifically including Addendum #5 for GPA 94-001, ZC 94-004 and Second Amendment to the East Tustin Specific Plan as it related to the subject property. In conformance with the California Environmental Quality Act, the purpose of this tiered initial study is to identify and focus the environmental analysis for the project on significant new environmental impacts that were not previously considered in the Program EIR, as amended. EIR 85-2, as amended, identified several impact categories where a Statement of Overriding Consideration was adopted by the city for the entire ETSP area. For the pUrposes of this initial study check list, these items have been checked "Potential Significant Impact" and an evaluation has been made to ensure that impacts previously identified have not been intensified. Mitigation measures identified in the Program EIR, as amended, to minimize the impacts that would be applicable to this project have been identified. EIR 85-2, as amended, also identified several impact categories where impacts could be lessened to a level of insignificance with the imposition of mitigation measures. Staff has reviewed each of Attachment A - Evaluation of Environmental Impacts TT 15350, .CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 2 these impact categories to ensure that no new project impacts associated with the project would occur that were not identified in the Program EIR, as amended. For the purposes of this initial study check list, these items have been checked "Po'tentially Significant Unless Mitigation Incorporated,, and the mitiqation measures identified in the Program EIR that would be applicable to this project that are included as part of the project have been identified. Impact categories not identified to have a potential impact in EIR 85-2, as subsequently amended with supplements and addenda, have been reviewed and identified in the initial study check list accordingly to ensure that the project would not create any additional significant impacts which were not considered by the Program EIR, as amended, and cannot be mitigated to a level of insignificance. LAND USE & PLANNIN~ Items a, b and e - "No Impact": The subject property is designated by the General Plan. Land Use Map as Planned Community - Residential. The subject property is zoned Planned Community - Residential. The East Tustin Land Use Plan identifies the site as Medium Density Residential. The proposed project is consistent with the General Plan Zoning and ETSP designations. , Item c - "Potentiall Si nificant Unl____ess ~ Inco~: EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects of residential land uses. Mitigation measures identified in EIR 85-2, as amended, have been incorporated into the project or would be required as conditions of approval which avoid or substantially lessen the significant environmental effect as identified in the Program EIR, as amended. The project will not create additional impacts than those previously identified in the Program EIR as amended. , Item d - "Potentially Siqnificant Impact',: EIR 85-2, as amended, identified that the development of the project site Would result in the gradual conversion of existing open space and agricultural uses into urban use. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the Attachment A - Evaluation of Environmental Impacts TT 15350, CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 3 o Specific Plan. Since the subject property has been identified for residential development, the project will not create additional impacts other than those previously identified in the Program EIR, as amended. Sources: Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan East Tustin Development Agreement, Second Amendment Mitigation/Monitorinq Required: Adherence to and compliance with the guidelines and provisions of the ETSP and the Second Amendment to the East Tustin Development Agreement, which addresses building height, building setbacks, parking requirements, and other site development standards and would ensure that the proposal complies with mitigation measures specified in the EIR 85-2, as amended. POPULATION & HOUSING Items a and c - "No Impact": The proposal includes the development of 316 condominium units that will be leased as apartments. Those dwelling units were authorized with amendments to the ETSP (ZC 94-004) and the Second Amendment to the East Tustin Development Agreement. The Medium Density land use designation of the site would allow up to 18 dwelling units per acre; the proposal would have 16.6 dwelling unit per acre. The project will not create additional impacts other than those previously identified in the Program EIR, as amended. Item b - "Potentially Siqnificant Impact": EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to population. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding · Considerations was adopted for the Specific Plan. Since the subject property has been identified for residential development, the project will not create additional impact other than those previously identified in the Program EIR, as amended. Attachment A - Evaluation of Environmental Impacts TT 15350, CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 4 o Sources: Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan East Tustin Development Agreement, SecondAmendment Mitiqation/Monitorinq Required: None Required. GEOLOGICAL PROBLEMS Items a c-e and i - "No ~ The project site has been previously rough graded as part of the Sector 11 improvements. The per~meter streets and sidewalks on Irvine Boulevard, Tustin Ranch Road and Heritage Way are existing. Minor grading and improvements would be required to create the individual lots, the proposed streets and drainage facilities. Items b and h - "Potentiall Si nificant Unless Miti ation Incor~_p_~ated,,: EIR 85-2, as amended, identified impacts to the project site related to the necessary grading activity that would occur to accommodate the various types of development and the resultant change to existing landform and topography of the area. Minor grading and improvements would be required to create the individual lots, the proposed streets and drainage facilities. Conditions of approval will be required to ensure that all grading activities incorporate mitigation measures identified in EIR 85-2, as amended. Item f - "Potentially Siqnificant Impact',: EIR 85-2, as amended, identified impacts to the project site related to the necessary grading activity that would occur to accommodate the various types of development ~and the resultant change to existing landform and topography of the area. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effect. A Statement of Overriding Consideration'was prepared to address necessary compromises for the overall benefit of the Specific Plan area and region. The project has been reviewed and will not worsen previously identified impacts on site and topography in the Program EIR, as amended. Sources: Field Verification Submitted Plans Tustin City Code EIR 85-2, as amended East Tustin Specific Plan Attachment A - Evaluation of Environmental Impacts TT 15350, CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 5 Mitiqation/Monitoring Required: A detailed soils'engineering report and grading plans for the site are required as a condition of approval to ensure that all grading activities on the site minimize the grading impacts. . WATER Items b-f, h and i - "No Impact": The site has been previously rough graded and is not located near any bodies of water. Items a and q - "Potentially Siqnificant Impact"- EIR 85-2, as amended, identified impacts'to surface runoff, drainage floWs, water quality and water percolation. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement 'of Overriding Considerations was adopted for the Specific Plan. The project has been reviewed and will not worsen previously identified.impacts on water quality in the. Program EIR, as amended. Applicable mitigation measures were identified in EIR 85-2, as amended, and recommended for implementation. This proposal has incorporated those measures related to surface runoff, drainage flows, water quality and water percolation into either the submitted plans or will be included in the conditions of approval, where applicable. Sources: Field Verification Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan Mitigation/Monitoring Required: Mitigation measures including plans to accommodate increased runoff flows associated with the proposed development by incorporating on-site and off-site drainage improvements, providing erosion control measures and developing appropriate pollution control plans, have been incorporated into the project as submitted or will be incorporated as conditions of approval. Erosion cOntrol measures will be developed and incorporated into final grading plans for the project to minimize potential increases in erosion and sediment transport during the short-term construction phases. Attachment A - Evaluation of Environmental Impacts TT 15350, CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 6 5. AIR QUALITY Items b, c and d - "No Impacts"- The proposal will not alter air movement, moisture, temperature or cause any changes in climate, or create objectional odors. Item a - "Potentially Siqnificant Impact"- EIR 85-2, as amended, identified impacts that will result in an incremental degradation of air quality in conjunction with other past, present and reasonably foreseeable future projects. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was prepared to address necessary compromises for the overall benefit of the Specific Plan area and region. The project has been reviewed and will not worsen previously identified impacts on Air Quality in the Program EIR, as amended. Conditions of approval, will be required for the project to meet applicable mitigation measures, as required by EIR 85-2, as amended, such as minimizing construction activity dust generated as part of this project. Sources: Field Verification Submitted Plans 'Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Mitiqation/Monitorinq Required: Construction activity dust generation shall be reduced through regular watering as required by the SCAQMD Rule 403. These measures identified in certified EIR 85-2, as amended, as applicable, have been incorporated into the project as submitted or will be incorporated as conditions of approval. . TRANSPORTATION & CIRCULATION Items b-q - "No Impact"- EIR 85-2, as amended, identified impacts related to the proposed development and the resultant negative effects to the effects on traffic safety, emergency access, demand for new parking, pedestrian circulation, and alternative modes of transportation. As all required parking would be provided on site, there would be no demand for additional parking. Surrounding streets have des'igned to accommodate peak traffic' demands and the proposed project would not have a substantial impact upon existing Attachment A - Evaluation of Environmental Impacts TT 15350, CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 7 transportation systems, nor would the present patterns of circulation or movement of people or goods be impacted. The number of residential units proposed is consistent with previous approvals. Based on review of project and Program EIR, including Addendum #5, the project will not worsen previously identified impacts on the transportation and circulation in the Program EIR, as amended. Item a - "Potentially Significant Impact"- EIR 85-2, as amended, identified impacts related to increased traffic in the vicinity. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was prepared to address necessary compromises for the overall benefit of the Specific Plan area and region. Applicable mitigation measures were incorporated into the ETSP, including a circulation plan intended to provide an adequate circulation system for specific plan traffic, and mitigate impacts on the existing circulation system. Based on review of project and Program EIR, as amended, the project will not create additional, impacts other than those previously identified on transportation and circulation in the Program EIR, as amended. Sources: Field Verification Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan Zone Change 94-004 Mitiqation/Monitoring Required: None required. o BIOLOGICAL RESOURCES Items a-e - "Potentially Siqnificant Unless Mitiqated"- EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant~negative effects to biological resources. Applicable mitigation measures were identified in EIR 85-2, as amended, and recommended for implementation. The proposed project will not create additional impacts other than those previously identified on .biological resources in the Program EIR, as amended.' Conditions of approval will be required for the project to meet applicable mitigation measures, as required by EIR 85-2, as amended, such as providing landscaping in accordance with City guidelines. Attachment A - Evaluation of Environmental Impacts TT 15350, CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 8 Sources: Field Verification Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan Mitiqation/Monitorinq Required: Mitigation measures require re-vegetation and landscaping in areas where structures or improvements are not constructed, with consideration given to the use of drought-tolerant plant materials, such as a variety of eucalyptus trees, Canary Island pine, Mexican Fan Palm trees, Hawthorne and Bougainvillea. These mitigation measures have been incorporated into the project as submitted, or will be incorporated as conditions of approval. o ENERGY & MINERAL RESOURCES Items a and c - "No Impact"- The proposed project will not worsen previously identified impacts on energy conservation or mineral resources. Item b - "Potentially Siqnificant Unless Mitiqation Incorporated": EIR 85-2, as amended, identified impacts to the ETSP related to the proposed development and the resultant negative effects to non-renewable resources. Applicable mitigation measures were identified in EIR 85-2, as amended, and recommended for implementation. This proposal has incorporated those measures related to non-renewable resources into either the submitted plans or would be included in the conditions of approval, where applicable. No additional impacts would occur beyond those identified in the Program EIR, as amended. Sources: Field Verification Submitted Plans' Certified EIR 85-2, as amended East Tustin Specific Plan Mitigation/Monitorinq Required: Mitigation measures identified by the program EIR include measures to provide open areas in the site plan where feasible and to provide vegetation that includes drought tolerant materials. Attachment A - Evaluation of Environmental Impacts TT 15350, CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 9 9. HAZARDS .Items a, b,d and e - "No Impact"- EIR 85-2, as amended, identified no impacts to the project site related to the proposed development and the resultant negative effects from hazards. Item c - "Potentially Significant Unless Mitigated": EIR 85- 2, as amended, identified impacts to the project site related to the proposed, development and the resultant negative effects to human health. Consequently, mitigation measures were identified in EIR 85-2, as amended, and recommended for implementation. This proposal has incorporated those measures related to human health into either the submitted plans or will be included in the conditions of approval, where applicable. No additional impacts would occur beyond those identified in the Program EIR, as amended. Sources: Submitted Plans Uniform Building and Fire Codes Certified EIR 85-2, as amended East Tustin Specific Plan East Tustin Development Agreement, Second Amendment Mitigation/Monitoring Required: None required. 10. NOISE Item b - "No Impact": The proposed project would not expose persons to severe noise levels. Item a - "Potentially Siqnificant Impacts"- Development of the site would result in short-term construction noise impacts, and a long-term increase in the ambient noise levels in and around the project site. These impacts were originally considered as part of certified EIR 85-2, as amended. The City Council considered the benefits of the ETSP original program EIR and balanced those benefits against the project's unavoidable effects. A Statement of'Overriding Considerations was adopted for the Specific Plan. The project has been reviewed and will not create additional impacts other than those previously identified in the Program EIR, as amended. Mitigation measures addressing the acoustic environment were identified in the program EIR, as amended, and are included in the submitted project, or would be conditions of approval. Attachment A - Evaluation of Environmental Impacts TT 15350, CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 10 Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Mitiqation/Monitorinq Required: Mitigation measures related to compliance with the City's Noise Ordinance have been incorporated into the project as 'submitted or would be incorporated as conditions of' approval. 11. PUBLIC SERVICES Item c - "Potentially Significant Unless Mitigated,,- EIR 85- 2, as amended, identified impacts related to the proposed development and the resultant negative effects to school facilities. Mitigation measures were identified in EIR 85-2, as amended, and recommended for implementation where applicable. No additional impacts would occur beyond those identified in the Program EIR, as amended. Items a, b, d, and e, - "Potentially Significant Impact"- Implementation of this project will result in an increase in the demand for and utilization of public services~ such as fire protection, police protection, infrastructure maintenance and other governmental services. However, impacts to public services were originally considered as part of EIR 85-2, as amended. The project will not worsen impacts previously identified in the Program EIR. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the Specific Plan. Additionally, mitigation measures were identified in EIR 85-2, as amended. This proposal has .incorporated those measures related to public services into either the submitted plans or they will be included in the conditions of approval, where applicable, for the subject project. Sources: Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan East Tustin Development Agreement, Second Amendment Mitigation/Monitoring Required- Mitigation measures such as: adherence to and compliance wit~ the guidelines and provisions of the ETSP and the Second Amendment to the East Tustin Attachment A - Evaluation of Environmental Impacts TT 15350, CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 11 Specific Plan, which address building height, building setbacks, parking requirements, and other site development standards; adherence to the Uniform Building and Fire Codes and all applicable city, state and federal codes as applicable; and compliance with the City of Tustin Noise Ordinance, have been incorporated into the project as submitted or will be incorporated as conditions of approval. 12. UTILITIES & SERVICE SYSTEMS Items a-g - "Potentially Siqnificant ImDact"- The ETSP will increase the demand for utilities. However, the project will not worsen impacts previously identified in the Program EIR. EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to utilities. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects on the use of utilities. A Statement of Overriding Considerations was adopted for the Specific Plan. Mitigation measures were identified in EIR 85-2, as amended, and recommended for implementation where feasible. This proposal has incorporated those measures related to utilities into either the submitted plans or will be included in the conditions of approval where applicable, 'for the subject project. ' SoUrces: Field Verification Submitted Plans Certified EIR 85-2, as amended East Tustin Specific plan Miti~ation/Monitorinq Required: Mitigation measures require that the proposed residentiai development include water conservation methods as reqUired by .statei law, energy conservation standards and building construction techniques as set forth in Title 24 of the California Administrative Code to mitigate potential effects on utilities. These mitigation measures have been incorporated into the project as submitted or will be incorporated as conditions of approval. 13. AESTHETICS Items a and b "Potentiall Si nificant Unless Miti ated": Architectural and site plan features of the proposal would b~ evaluated for compatibility with the surrounding environment Attachment A - Evaluation of Environmental Impacts TT 15350, CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 12 during the Design Review process. Further, the proposal includes a .landscape concept plan which establishes the landscape theme for the site. The concept landscape plan includes the use of various Ficus trees, shrubs, ground cover and turf consistent with the existing streetscape in the vicinity. The project will not create additional impacts other than those previously identified impacts on aesthetics. The project is within the Specific Plan area and the certified EIR 85-2, as amended, identified impacts to the project site related to the proposed development and the resultant negative effects to aesthetics. Consequently, mitigation measures were identified through design review in conjunction with EIR 85-2, as amended, and recommended for implementation. This proposal has incorporated those measures related to aesthetics into either the submitted plans or will be included in the conditions of approval, where 'applicable. NO additional impacts would occur beyond those identified in the Program EIR, as amended. Item c - "Potentially Significant Impact": The project site is within the Specific Plan area in which the program EIR addresses the impact of development and the resultant negative effects from'light and glare. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the Specific Plan. Mitigation measures were identified in EIR 85-2, as amended, and recommended for implementation. This proposal has incorporated those measures related to light and glare into the submitted plans. Mitigation measures would also be included in the conditions of approval for the project. The project has also been reviewed and will not create additional impacts other than those previously identified in the Program EIR, as amended. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan Mitiqation/Monitorinq Required': .None Required. Attachment A - Evaluation of Environmental Impacts TT 15350, CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 13 14. CULTURAL RESOURCES ! Item a, c and d - "No Impact": EIR 85-2, as amended, identified impacts to cultural resources related to the proposed development and the resultant negative effects to cultural resources. The proposal has been reviewed and will not create additional impacts other than those previously identified in the Program EIR, as amended. Item b - "Potentially Significant Unless Mitigated,,: EIR 85- 2, as amended, identified impacts to archaeological resources related to the development of the site and the resultant negative effects to cultural resources. The proposal has been reviewed and will not worsen impacts previously identified in the Program EIR, as amended, as this project is not within an area identified as an archaeological site. Sources- Field Verification Submitted Plans Certified EIR 85-2, as amended East Tustin Specific Plan. ~itiqation/Monitorinq Required: None Required. 115. RECREATION Items a and ~ - ,,~Po~ten~_ial! Si nificant Unless Miti ate~I E--~ ~512~s amended, identified impacts to the project site related to the proposed development and the resultant negative effects to recreation. The Second Amendment to the East Tustin Development Agreement provides for the developer to dedicate a 3.6-acre neighborhood park site to the City. In addition, a 1.4-acre site is to be reserved for park purposes which the City may acquire resulting in a total 5-acre park site. The dedication.and reservation of the neighborhood park site at the northeast corner of Tustin Ranch Road and Heritage Way required by the Second Amendment of the East Tustin Development Agreement was satisfied with the recording of the sector level tract map (Tract 15055). In addition, conditions of approval related to the timing and responsibility to construct the 5-acre park have been imposed on previously approved entitlements consistent with the provisions of the Second Amendment to the East Tustin Development Agreement. . · Furthermore, all other parks identified by the ETSP have been dedicated for the purpose of providing recreation. No Attachment A - Evaluation of Environmental Impacts TT 15350, CUP 96-027 and DR 96-038 (Irvine Apartment Communities) Page 14 additional impacts would occur beyond those identified in the Program EIR. Sources: Submitted Plans Tustin City Code Certified EIR 85-2, as amended East Tustin Specific Plan East Tustin Development Agreement, Second Amendment 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 achieve any short-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. The program EIR 85-2, as amended, particularly Addendum #5, addressed all of these concerns and this project is fully within the scope of that discussion. Source: As stated above. - Mitiqation/Monitorinq Required: As stated above. DF: PR: br: TT15350. ENV 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 15350 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Tentative Tract Map 15350 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and B. That the projects are covered by a previously certified Final Environmental Impact Report 85-2, as amended, for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. II. The East Tustin Specific Plan Final Environmental Impact Report (85-2), previously certified on March 17, 1986, as modified by subsequently adopted supplements and addenda, was considered prior to approval of this project. The City Council hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. Ail feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR is, therefore, determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of the California Environmental Quality Act. FUrther, the Planning Commission finds the project involves no potential for any adverse effect, either individually or cumulatively, onwildlife resources; and, therefore, makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmental effects thereof. The mitiqation measures are identified as Conditions on Exhibi~ A of Planning Commission Resolution No. 3482 recommending approval of Tentative Tract 15350 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 96-123 Page 2 and Exhibit A of Planning Commission Resolution No. 3484 approving Design Review 96-038. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 18th day of November 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. 96-123 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of November, 1996, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk 1 RESOLUTION NO. 96-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING TENTATIVE TRACT MAP NO. 15350 LOCATED ON THE SOUTH SIDE OF IRVINE BOULEVARD AT ROBINSON DRIVE. The City Council of the City of Tustin does hereby resolve as follows: I. The City council finds and determines as follows: Ao That Tentative Tract Map No. 15350 was submitted to the Planning Commission and City Council by Irvine Apartment Communities for consideration. 10 B . That a public hearing was duly called, noticed and held for said application on October 28, 1996 by the Planning Commission and on November 18, 1996 by the City Council. 11 12 13 C ° That an Environmental Impact Report EIR 85-2, as modified by supplements and addenda, for the East Tustin Specific Plan has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project. 14 15 16 m , That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan (as amended by ZC 94-004), Development Agreement (as amended by the Second Amendment) and Subdivision Map Act. ' 17 18 19 2O 21 22 23 E · F , The 2.0856 acres of parkland required for this development was previously dedicated with the recording of Tract 15055. That' the City has reviewed the status of the School Facilities Agreements between the Irvine Company and the Tustin Unified School District for the impact of Tentative Tract 15350 on School District facilities, and changes in state law. Impacts associated with this approval on School District facilities are adequately addressed. That the site is physically suitable for the type of development proposed. 24 25 26 27 28 H. I o 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. 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. Resolution No. 96-'124 Page 2 2 J. That the design of the subdivision or the types of 3 improvement proposed are not likely to cause serious public health problems. 4 K. The project has been determined to be exempt from the 5 provisions of Measure "M" because entitlements specified in the East Tustin Development Agreement entered into in 6 1985, and the estimated project generated traffic does not cause the roadway system to exceed established levels. 7 of service standards. 8 II. The City Council hereby approves Tentative Tract Map 15350 located on the south side of Irvine Boulevard at Robinson Drive, subject to the conditions contained in Exhibit A of Planning 'Commission Resolution 3482, incorporated herein by 10 reference. 11 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 18th day of November, 1996. 12 13 14 TRACY WILLS WORLEY Mayor 15 16 PAMELA STOKER, CITY CLERK 17 STATE OF CALIFORNIA ) 18 COUNTY OF ORANGE ) CITY OF TUSTIN ) SS 19 CERTIFICATION FOR RESOLUTION NO. 96-124 20 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council 21 of the City of Tustin, California, does hereby certify that the whole number of the members of the City CounCil of the City of 22 Tustin is five; that the above and foregoing Resolution No. 96-93 was duly adopted at a regular meeting of the Tustin City Council, 23 held on the 18th day of November, 1996. 24 COUNCILMEMBER AYES: COUNCILMEMBER NOES: 25 COUNCILMEMBER ABSTAINED: COUNCILMEMBER:ABSENT: 26 27 PAMELA STOKER 28 City Clerk