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HomeMy WebLinkAbout01 T.T. MAP 14883 06-06-94 NO. 1 6-6-94 In t e r-C o m ~ATE: JUNE 6t 1994 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: VESTING TENTATIVE TRACT MAP 14883 AND ZONE CHANGE 93-005 (JOHN LAING HOMES) RECOMMENDATION It is recommended that the City Council take the following actions: me Approve the Environmental Determination for the project by adopting Resolution No. 94-66; · Approve Vesting Tentative Tract Map 14883 by adopting Resolution No. 94-67, as submitted or revised; and · Either have first reading by title only and introduction of Ordinance 1127 approving Zone Change 93-005; or an alternate resolution for denial. FISCAL IMPACT This project is an applicant initiated project. The applicant has paid application fees to recover the cost of processing this application. BACKGROUND The applicant proposes to subdivide a 14.616 gross acre si~e into one numbered lot and 4 lettered lots to accommodate 223 condominiums. Prior to development, the Planning Commission has to approve the Design Review and Environmental Determination for the project pursuant to the provisions of the East Tustin Specific Plan (ETSP). The Planning Commission is granted the authority to recommend approval of the subdivisions of land, according to Tustin City Code Section 9312. Pursuant to Section 9313, the City Council has the final approval authority for the division of land and subdivisions. The applicant has also proposed an amendment to the East Tustin Specific Plan (a Zoning Code Amendment) to modify the development standards for multiple family and condominium dwellings in the ETSP. Pursuant to Section 3.14 of the ETSP, the Planning Commission may recommend approval of a zone change to the City Council, which is authorized to approve the amendment by ordinance. City Council Report VTTM 14883 & ZC 93-005 June 6, 1994 Page 2 On May 23, 1994, the Planning Commission held a public hearing and approved the Environmental Determination for the project (Resolution No. 3261); approved Design Review 93-043 (Resolution No. 3262); recommended to the City Ccuncil approval of Vesting Tentative Tract Map 14883 (Resolution No. 3263); and recommended to the City Council approval of Zone Change 93-005 (Resolution No. 3264). Located in Sector 7 of the ETSP, the site is bounded by Tract 14110 (Ventana) across Greenway Drive to the north, Tustin Ranch Golf Course to the east and south and Tract 13990 (Alicante) across Tustin Ranch Road to the west. Development of the sUbject site was previously approved with Vesting Tentative Tract Map 14068 in July of 1990, when The William Lyon Company submitted a tentative trac~ map and design review for the construction of 200 condominiums. Final maps for Vesting Tentative Tract Map 14068 were not filed with the City and development of the property was never initiated by The William Lyon Company. Subsequently, The William Lyon Company, in February, 1993, obtained approval of Zone Change 92-002, (City Council Ordinance No. 1102) which amended the land use designation density of the project site from Medium-Density (up to 18 dwelling units per acre) to Medium-High density, (up to 25 dwelling units per acre). A public hearing notice identifying the time, date and location of the public hearing on this project was published in the_Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site, at City Hall and at the Tustin Police Department. The applicant was informed of the availability of a staff report on this project. PROJECT DESCRIPTION/SITE PLAN Submitted development plans for the prcject proposes construction of 223 two-story condominium units at a maximum density of 15.69 dwelling units per acre. The ETSP would permit a maximum of 25 dwelling units per acre within the Medium-High Density Residential Category. Primary access to the site along Greenway Drive is provided by a private entry with a 50 foot wide righ~-of-way width and 40 foot curb to curb dimension width. A secondary access is also provided on Greenway Drive approximately 360 feet east of the primary City Council Report VTTM 14883 & ZC 93-005 June 6, 1994 Page 3 entrance by a 46 foot wide right-of-way and 36 foot wide curb to curb width. The street system within the project is a main loop private street with a 46 foot right-of-way which includes a 36 foot wide curb to curb dimension and 5 foot sidewalks on each side of the private street accommodating parking on both sides of the street. Individual units would be served from a court system which includes garages accessed by a 24 foot wide private drive which connects to the main loop street. All streets and facilities within the development are proposed to be private and will be maintained by the property owners, or the Homeowner's Association. The applicant proposes to construct condominium buildings around a garage court. The purpose of the garage court concept is to contain vehicular circulation to small areas, thus allowing greater movement for pedestrians. The garage courts are accessed by a minimum 24 foot wide private drive and provides vehicular access to all two car garages contained in the condominium building. Adequate turning radius is provided inside the court with a minimum distance of 36 feet. As the condominium building is designed around a garage court, the four exterior elevations of the condominium building are open for pedestrian use. The developer has designed the condominium buildings so that at least one front door of a unit is on each elevation of tke condominium building. Pedestrian access to these front doors is facilitated with pedestrian walkways which link to the sidewalk adjacent to the loop street. The project contains four different building types; a 5-unit complex, 10-unit complex, ll-unit complex and 12-unit complex. All buildings are proposed to be two-stories and 30 feet in overall height, consistent with the ETSP. Five different floor plans are proposed with floor plan areas ranging from 1,033 square feet to 1,344 square feet. Floor plans include one, 2-bedroom unit with two baths, two, 2-bedroom units with 2½ baths, and two, 3-bedroom units with 2½ baths, totaling 223 units. Parking for the project meets the requirements of the ETSP. A two- car garage is provided per each unit, totaling 446 covered parking spaces. Additionally, 113 open parking spaces are provided throughout the project to meet the ETSP's requirement of .5 open unassigned spaces per unit. The subject project would be part of ~he Master Homeowner's Association, which includes Lots 9, 10, ~1 and 12 (see vicinity map, Attachment B) and was created prinarily for the use and City Council Report VTTM 14883 & ZC 93-005 June 6, 1994 Page 4 maintenance of the private park located across Greenway Drive, east of Lot 11. This private park provides swimming facilities and playground equipment for adjacent Tracts 13734 (Lots 9 and 10) and 14110 (Lot 11). AMENDMENTS TO ~ST TUSTIN SPECIFIC PLAN (ZONE CHANGE 93-005) The app].icant proposes an Amendment to the ETSP (Zone Change 93- 005) to modify Section 3.6.3.A2.4 (Building Setbacks for Multiple Family and Condominium Dwellings) to accommodate the design of the proposed project, as the setback of the garages on both sides of the private drive garage court entry do not meet the required five foot setback specified by the ETSP. The applicant proposes that the garages be set baCk three feet. The proposed Amendments to the ETSP would allow a main building structure to be setback five feet from any private drive, and reduce the garage setback to three feet for a maximum length of 45 feet of building frontage on each side of the drive when a private drive is bounded on one, or both sides by a building, thus creating a building entrance. The main building setback of five feet would apply to any living area over garages. Further revisions would include administrative clarification of existing building setback in Section 3.6.3.A2.4 (Building setbacks for multiple family and condominium dwelling) of the ETSP. The proposed modifications to Section 3.6.3.A2.4 are identified below. Shaded areas indicate added language and strikeout areas indicate deleted language. ._ "Building Setbacks Minimum Building Setbacks: a) the minimum main building structure setback from any interior public right-of-way line shall be 10 feet. b) The minimum ~?~?~iii~i~~ii!~,i~~/~ setback from any private street drive'"'"~'~'h'~'i'i?'"'b~'"'~'~0'"f~'t for all structurc~. c) City Council Report VT_-.~ 14883 & ZC 93-005 June 6, 1994 Pa~e 5 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: e}e) The minimum horizontal distance between m~:~...~i~i~i~::~i.~i- ~ ::::::::::::::::::::::::::::::::::::: ~ ~: ~ :::::::::::::::::::::::::::::::::::::::::::::::: ...... ~~~ shall be 10 feet. ef) Structures which abut a park, greenbelt or other permanent open space may abut the co~on property line." The proposed language would allow the project to be built as proposed, and as the developer has recently constructed in the Foothill Ranch community. The garages would be permitted to be setback three feet from the private drive for a maximum of 45 feet, since the maximum length of the garages is 40 feet on the ll-unit complex and 12-unit complex buildings. In the event the Council does not wish to approve proposed amendments to the ETSP, conditions would need to be added to the attached Planning Co~ission Resolution No.'s 3262 and 3263 to re~ire modifications to buildings to comply with current ETSP retirements. An ordinance for approval has been attached and would need to be modified to make negative findings if it is the Council's desire not to amend the ETSP. ISSUES A Development Agreement providing for the applicant to make a financial contribution for development of parks in East Tu~tin was approved with Zone Change 92-002 for the site. This Agreement provides for $2,000 per unit to be paid to the City for each dwelling unit constructed over 18 dwelling units per acres. It was anticipated that approximately $92,000 was going to be received by the City to be utilized for development of parks in East Tustin. However, as the proposed density for the project is 15.69 dwelling units per acres, no contribution would be received by the City upon approval of Vesting Tentative Tract Map 14883 unless the City Council wished to request such a payment as a pre-condition to any zoning code amendment on the property. As presented to the Planning Commission on May 23, 1994, the conceptual landscape plans call for an approximately half acre orchard as a focal point across from the project entry (Attachment C). The developer's intention is to capture a sense of history tkrough the use of dwarf ornamental kumquat trees, (Nagami City Council Report VTTM 14883 & ZC 93-005 June 6, 1994 Page 6 Kumquat). Approximately 119 trees would be planted in the half acre of open area behind buildings 18 to 21. Approximately 13 trees would be planted beside unit 18, and 25 trees would be planted beside unit 21. The trees would be planted in 8 foot by 8 foot raised wood planters approximately four feet apart in a grid pattern. The dwarf kumquat trees would grow to approximately 6 feet in height at maturity. The developer intends the dwarf kumquat trees to be reminiscent of the orange groves that were present in Orange County prior to it's urban development. The extensive use of dwarf kumquat trees in a half acre of usable open space of the project was of concern to the Community Development Department. The proposed orchard would be an inefficient use of a valuable amenity, as a half acre of contiguous open space would rarely be available in most developments. The half acre could better serve the development by providing passive or interactive open Space including such amenities as tot lots, volleyball courts or horseshoe pits, for example. Furthermore, the Police Department is concerned that since the proposed project has no amenities such as tot lots or recreational opportunities on the premises, the kumquat grove will become the recreational attraction. Due to the size of the proposed grove and its potential for lack of visibility once trees have matured, it would be impossible for homeowner's to police the grove. The Police Department also anticipates nuisance complaints to the Police Department regarding the large kumquat grove behind units 18 to 21. Staff recommended to the Planning Commission that the kumquat trees be eliminated, and that the balance of the open space around these buildings be designated to be a more usable open space amenity for the residents for passive or active-recreation. However, the Planning Commission approved the project as proposed. The Commission also approved condition of approval 4.12 of Resolution No. 3262, adopting the applicant's alternative design (Attachment D) should the developer or homeowners association find it desirable to eliminate the majority of the kumquat trees in the future. The alternative landscape plan provides only 39 kumquat trees planted in a grove as previously described, located directly across from the primary entrance behind unit 19. The balance of the grove area would be sod with a group of accent trees. The Planning Commission also approved individual trash can service for the project instead of trash enclosures, based on adcpted policy interpretations of the East Tustin Policy Committee (a committee of two City Council representatives) in 1989. As two car City Council Report VTTM 14883 & ZC 93-005 June 6, 1994 Page 7 garages with internal access to the unit are provided, and as the average size of the garages are 19.2 feet by 20 feet, which is greater in area than the required minimum of 18 feet by 19.5 feet, it may be convenient for property owners to set trash out on the day of pick up. Furthermore, as trash would be set out in the garage courts, the cans would have limited visibility from the loop street, and may not obstruct pedestrian circulation nor access to each unit. Great Western Reclamation has provided a letter stating that adequate access is available and they agree to provide individual can pick up. Condition of approval 7.1R of Resolution No. 3263 has been included to require that CC&R's contain provisions that establish appropriate regulations for maintenance and appearance and which require can removal from their pickup location to the garage unit within 12 hours after pick up. Condition 1.20 has also been added to Resolution No. 3263 requiring that the pavement section of all private drives be consistent with the minimum requirement for private street sections, as required by the City's construction standards for private streets to accommodate the weight, stop and start, and street maintenance issues related to refuse truck service. ENVIRONMENTAL ANALYSIS Based upon review of Vesting Tentative Tract Map 14883 as well as Environmental Impact Report 85-2, it's supplements and addendum, including Addendum No. 4 to EIR 85-2 approving Zone Change 92-002, it has been determined that environmental issues relating to this project have previously been addressed and the initial study for the project is attached to this report. Also, appropriate mitigating measures identified in EIR 85-2 are included as conditions of approval for the project. With this information in mind, it is recommended that the Council make the finding that requirements of the Californian Environmental Quality Act have been met and that no future environmental review is required. CONDITIONS OF APPROVAL A list of conditions of approval is included within the attached Resolution No.s 3262, 3263 and 3264. Outside of specific issues discussed in this report, conditions of approval are standard conditions required by the Specific Plan, other applicable municipal codes, the approved Development Agreement for the project area, or requirements of City Department or outside reviewing agencies. City Council Report VTTM 14883 & ZC 93-005 June 6, 1994 Page 8 CONCLUSION Given the analysis conducted by the Community Development Department and in consideration of comments from other agencies and the public, it is concluded that the proposed project meets the requirements of the East Tustin Specific Plan, the Subdivision Map Act as adopted and the California Environmental Quality Act. With the inclusion of conditions of approval listed in Planning Commission Resolution No.s 3262, 3263, and 3264 it is recommended that the City Council approve the Environmental Determination for the project by adopting Resolution No. 94-66, approve Vesting Tentative Tract Map 14883 by adopting Resolution No. 94-67, and either approve Zone Change 93-005 by adopting Ordinance 1127; or an alternate resolution for denial. ~nt Planner Christ~he-A. Sh~gleton Assistant City Manager 8S:br: kbc: vtt 14883 Attachments: Attachment A - Statistical Summary Attachment B - Location map Attachment C - Landscape Plan Attachment D - Alternative Landscape Plan Vesting Tentative Tract Map 14883 Site Plan, Elevations Initial Study Planning Commission Resolution Nos. 3262, 3263, and 3264 City Council Resolution No.s 94-66, and 94-67 Ordinance 1127 ~TTACHMENT ~ Statistical Summary Vesting Tentative Tract Map 14883 Design Review 93-043 Gross Site Area Residential (Lots 1) Private Street/Drives Patio Areas Landscape including Lots A B C and D. Requirement Proposed N/A 14.616 acres N/A 4.538 acres N/A 4.336 acres N/A 1.490 acres N/A 4.284 acres Total Units N/A 223 units Density 25 du/ac (gross) 15.69 (gross) Lot Coverage Building Setbacks Private Street 100% (less setbacks) 10 feet minimum 31% 10 feet minimum Private Drive 5 feet minimum Distance Between Structures 10 feet minimum Height 40 feet maximum 5 feet, 3 feet in garage court entrance 10 feet minimum 30 feet Resident Parking 446 carports 111.5 open guest spaces 446 garages 113 open guest spaces Total 557.5 spaces 559 spaces UNIT FLOOR PLANS SQUARE FEET PLAN TYPE QUANTITY PERCENTAGE Plan A Plan B Plan C Plan D Plan E 1033 1120 1054 1351 1344 2 br/2 ba 2 br/2.5 ba 2 br/2.5 ba 3 br/2.5 ba 3 br/2.5 ba 39 17.5 64 28.67 42 18.83 39 17.5 39 17.5 LOCATION MAP~_/ NO SCALE ATTACHMENT B ATTA CliME NT C · ¢,., ATTACHME~NT D Ii I I v % II II J- 3 Y j~_L DJ Z Ill Z d Z T 0 0 i ' ! ~ Iii ! O_z .~ I O~ (.'3 n-I-- ._i -i-< o ~L § ~:::z o 2. O~ -Z 0~,- 0 -i-< o o ~o il 0 r- ITl X Z - c ~-~0 z -r Z 0 o ~o ! . --! 1I- ITl 0 -I- l!,l!li!!' Il!!: ITl -I "r' m ,,am i - i III I i i I.l.I Ie II. CITY OF TUSTIN Community Development Department ENVIRONMENTAL INITIAL STUDY FORM Background 1. Name of Proponent J~ ~~~-. 0 2. Addre~s~-9=n.~ P.hg,n.e. _Numbs. r~_o~ ProDonent Date of Checklist S~mitted ~~'~ Agency Requiring' ' Checklist' ~~ ,~~l~vl ~~q~~-~ ~ame of Proposal, if applicable · · · Environmental Impacts le Earth. Will the proposal result in: Yes Maybe No ae be ce ee fe Unstable earth conditions Or in changes in geologic substructures? Disruptions, displacements, compaction or overcovering of the soil? Change in topography or ground surface relief features? The destruction, covering or modification of any unique geologic or physical features? .. Any increase in wind 6r 'water erosion of soils, either on or off the site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may medify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Yes Maybe No · · ge Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Air. Will the proposal result in: a· Substantial air emission or deterioration of ambient air quality? b. The creation of objectionable odors? Ce Alteration of air movement, moisture, or temperatures, or any change in climate, either locally or regionally? Water. Will the proposal result in: a· Changes in currents, or the course of direction of water movements, in either marine or fresh water? be Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?~ Ce Alterations to the course or flow of flood waters? d· Change in the amount of surface water in any water body? e· Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? fe Alteration of the direction or rate of flow of ground waters? ge Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? · he Substantial reduction in the amount of water otherwise available for public water supplies? ie Exposure of people or property to water related hazards such as flooding or tidal waves? Plant Life. Will the proposal result in: Yes Maybe No · a· Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? be Reduction of the numbers of any unique, rare or endangered species of plants? Ce Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? de Reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: · a· Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? be Reduction of the numbers of any unique, rare or endangered species of animals? Ce Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? de Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a· be Increases in existing noise levels? Exposure of people to severe noise levels? · · e e 10. 11. 12. 13. Light and Glare· Will the proposal produce new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Yes Maybe No a. Increase in the rate of use of any natural resources? be Substantial depletion of any nonrenewable natural resource? Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? be Possible interference with an emergency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing, or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: a. be Ce Generation of substantial additional vehicular movement? Effects on existing parking facilities, or demand for new parking? Substantial impact upon existing transportation systems? de Alterations to present patterns of circulation or movemenf of people and/or goods? Yes Maybe No 14. 15. 16. Se Alterations to waterborne, rail or air traffic? fe Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: ao be ce de se fe Fire protection? Police protection? Schools? Parks or other recreational facilities? Maintenance of public facilities, including roads? Other governmental services? Energy. Will the proposal result in: ae Use of substantial amounts of fuel or energy? ~ be Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? Yes Maybe No Se fe Storm water drainage? - Solid waste and disposal? 17. Human Health. Will the proposal result in: ae Creation of any health hazard or potential health hazard (excluding mental health)? be Exposure of people to potential health hazards? 18. 19. 20. 21. Solid Waste. Will the proposal create additional solid waste requiring disposal by the City? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources ae Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? be Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? C~ Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? de Will the proposal restrict existing religious or sacred us6s within the potential impact area? Yes Maybe No 22. Mandatory Findings of Significance. ae 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 sustaining 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? be Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future). Ce Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) de Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. Discussion of Environmental Evaluation - See Attached IV. Determination (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measure described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ~ V~~'i~ Date Pr in~ame l:Ir iht Title forms\i ni tstud.94 PART III - DISCUSSION OF ENVIRONMENTAL EVALUATION EXHIBIT A TIERED INITIAL STUDY RESPONSES VESTING TENTATIVE TRACT 14883, DESIGN REVIEW 93-043v ZONE CHANGE 93-005 LOT 12v TRACT 12870 223 RESIDENTIAL CONDOMINIUM UNITS BACKGROUND The proposed project is an application by John Laing Homes to subdivide a 14.616 gross acre lot into one numbered lot and 4 lettered lots for the construction of 223 residential condominium units. The improvement of this property is governed by the regulations adopted by the East Tustin Specific Plan (ETSP) and the City's Grading Ordinance. Included in the project is a zone change to modify SeCtion 3.6.3.A2.4 (Building Setbacks for Multiple Family and Condominium Dwellings) of the ETSP. The zone change would allow a main building structure to be setback five feet from any private drive; and reduce the garage setback to three feet for a maximum length of 45 feet of building frontage on each side of the drive when a private drive is bounded on one, or both sides by a building, thus creating a building entrance. The main building setback of five feet would apply to any living area over garages. Further revisions would include administrative clarification of existing building setbacks in Section 3.6.3.A2.4 of the ETSP. Zone Change 92-002, which amended the ETSP Land Use Map in 1992, changed the project site's land use designation from Medium Density, allowing a maximum of 18 dwelling units per acre, to Medium-High Density, allowing 25 dwelling units per acre. The environmental impact of Zone Change 92-002 was fully evaluated in Addendum No. 4 to EIR 85-2 which found no significant changes to anticipated site conditions or project area as a result of the zone change. The proposed vesting tentative tract map proposes 223 condominium units on 14.214 net acres, resulting in a density of 15.69 dwelling units per acre, which is approximately 37.25% less than the permitted density under the ETSP. Furthermore, as the density would be less than 18 dwelling units per acre, the proposed project is consistent with the Medium Density land use designation for which EIR 85-2 previously identified impacts to the site. Located in Sector 7 of the ETSP, the subject site is bounded by Tract 14110 (Ventana) across Greenway Drive to the north, Tustin Ranch Golf Course on the east and south, and Tract 13990 (Alicante) across Tustin Ranch Road to the west. This is a tiered initial study that is based on and incorporates by reference, the environmental analysis included in EIR 85-2, which was previously certified on March 17, 1986, and subsequently amended with supplements and addenda including Addendum No. 4 to EIR 85-2 for Zone Change 92-002 for the ETSP. In conformance with Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 2 CEQA, 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. EIR 85-2 as subsequently amended with supplements and addenda 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 "Yes" and an evaluation has been made to ensure that projects previously identified have not been intensified. Mitigation measures identified in the EIR to minimize the impacts that would be applicable to this project have been identified. EIR 85-2 as subsequently amended with supplements and addenda 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 these impact categories to be sure no new project impacts associated with the project would occur that were not identified in the Program EIR. For the purposes of this initial study check list, these items have been checked "No" and the mitigation 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 also checked "No" and were also reviewed to ensure that no new impacts would be created by the project. Since the ETSP included a variety of uses, ie: residential, community facilities, and commercial use, some of the impact categories may not be applicable. 1. EARTH Items B, and C - "Yes": The project site is within the Specific Plan area, is a 14.214 net acre site and has a total grade differentiation across the 1,410 foot wide site of 22 feet, or 1.56 percent. The ultimate project grading concept will generally match the existing site condition. The site has been mass graded in accordance with Sector level map, Tract 12870. Minor grading will be required to prepare the site for construction. The City Council considered the benefits of the specific plan and balanced those benefits Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 3 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. However, the project has been reviewed and will not worsen previously identified impacts on site and topography in the Program EIR. Applicable conditions of approval will be required to ensure that all grading activities that would occur to accommodate the 223 residential condominium unit development incorporate mitigation measures identified in the certified EIR 85-2, its supplements and addendum. No additional mitigation measures are required as a result of Zone Change 92-002. Items A,D,E,F, and G - "No": The proposed 223 residential condominium unit development is within the Specific Plan area for which the certified EIR 85-2 identified impacts to the project site related to the necessary grading activity that would occur in order to accommodate the various types of development and the resultant change to existing landform and topography of the area. The site has been mass graded in accordance with the Sector level map, Tract 12870. Applicable mitigation measures were identified in EIR 85-2, it's supplements and addendum and were implemented during mass grading of Tract 12870. Minor grading will be required to prepare the site for construction. This was an activity previously considered in the Program EIR. Applicable conditions of approval will be required to ensure that all grading activities that would occur to accommodate the proposed project incorporates mitigation measures identified in the certified EIR 85-2, it's supplements and addendum. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2 East Tustin Specific Plan Mitigation/Monitorinq Required for VTTM 14883 and DR 93-043: A detailed soils engineering report and grading plans for the site ar~ required as a condition of approval to determine that all grading activities on the site incorporate applicable mitigation measures, as per the certified EIR 85-2, it's supplements and addendum. Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 4 Mitiqation/Monitorinq Required for Zone Chanqe 93-005: None required. Item A - "Yes": The subject site is within the project area for which the certified EIR 85-2, it's supplements and addendum, determined that the ETSP 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 Addendum No. 4 to EIR 85-2 for Zone Change 92-002 identified no additional impacts to the project site. However, the project has been reviewed and will not worsen previously identified impacts on Air Quality in the Program EIR. Conditions of approval will be required for the project to meet applicable mitigation measures, as required by the certified EIR 85-2, it's supplements and addendum. Mitigation measures identified in EIR 85-2, it's supplements and addendum related to air quality impacts, such as encouraging the use of alternate transportation modes will be incorporated as mitigation measures. No additional mitigation measures are required as a result of Zone Change 92-002. Items B, and C - "No": The project site is within the Specific Plan area covered by the program EIR. The certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to the proposed development and the resultant negative effects to air quality. The project has been reviewed and will not worsen previously identified impacts on air quality in the Program EIR. This proposal has incorporated those measures related to air quality such as encouraging the use of alternate transportation modes, and the inclusion of sidewalks to encourage the use of alternate transportation methods into either the submitted plans or will be included in the conditions of approval for the subject project. Sources: Field Verification Submitted Plans Tustin City Code Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 5 · Certified EIR 85-2, it's sUp~l'%~ments and addendum East Tustin Specific Plan Mitigation/Monitorinq Required for VTTM 14883 and DR 93-043: Construction activity dust generation shall be reduced through reg. ular watering as required by the SCAQMD Rule 403. Additionally, mitigation measures encouraging use of alternative transportation methods have been made available to the project as part of Tract 12870 the Sector level map. These measures identified in certified EIR 85-2, it's supplements and addendum, as applicable, have been incorporated into the project as submitted or will be. incorporated as conditions of approval. Mitigation/Monitorinq Required for Zone Change 93-005: None required. WATER Items B, C and F - "Yes": The subject project site is within the ETSP area for which the certified EIR 85-2, it's supplements and addendum 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 certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to the proposed development and the resultant negative effects to water quality. However, the project has been reviewed and will not worsen previously identified impacts on water quality in the Program EIR. Applicable mitigation measures were identified in EIR 85-2, it's supplements and addendum 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. No additional mitigation measures are required as a result of Zone Change 92-002. Items A, D, E, G, H and I - "No": The proposed 223 residential condominium unit development is within the .Specific Plan area. The certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 6 · the proposed development and the resultant negative effects to water quality. The project has been reviewed and will not worsen previously identified impacts on water quality in the Program EIR. Applicable mitigation measures were identified in EIR 85-2, it's supplements and addendum and recommended for implementation. Mitigation measures identified in EIR 85-2, it's supplements and addendum related to changes to water course direction, amount of surface water, discharge into surface waters, ground waters, reduction of amount of water, and exposure to water hazards would also be implemented at the time subsequent specific development plans are considered. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitorinq Required for VTTM 14883 and DR 94-043: Mitigation measures identified'in certified EIR 85-2, it's supplements and addendum, including plans to accommodate increase 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. Mitiqation/Monitorinq Required for Zone Chanqe 93-005: None required. PLANT LIFE Items A, B, C and D - "No": The project site has been rough graded, and is presently vacant. The certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to the proposed development and the resultant negative effects to plant life. Applicable mitigation measures were identified in EIR 85-2, it's supplements and addendum and recommended for implementation. This proposal has incorporated those measures related to plant life into either the submitted plans or will be included in the Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 7 · conditions of approval, where applicable, for the .subject project. No additional impacts would occur beyond those identified in the Program EIR. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitoring Required for VTTM 14883 and DR 93-043: Mitigation measures require revegetation on graded and cut- and-fill areas where structures or improvements are not constructed, with consideration given to the use of drought- tolerant plant materials, such as the eucalyptus, hawthorne, and bougainvillea. These mitigation measures have been incorporated into the project as submitted, or will be incorporated as conditions of approval. Mitigation/Monitoring Required for Zone Change 93-005: None required. ANIMAL LIFE Items A through D - "No": The project site is within the East Tustin Specific Plan area. The certified EIR 85-2, it's supplements and addendum identified impacts to the ETSP related to the proposed development and the resultant negative effects to animal life. Applicable mitigation measures were identified in EIR 85-2, it's supplements and addendum and recommended for implementation. This proposal has incorporated those measures related to animal life into either the submitted plans or would be included in the conditions of approval, where applicable, for the subject project. No additional impacts would occur beyond those identified in the Program EIR. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitoring Required for VTTM 14883 and DR 93-043: Those measures identified in certified EIR 85-2, it's Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 8 · supplements and addendum, including providing open space in' the site plan, revegetation of the site, revegetation on graded and cut-and-fill areas where structures or improvements are not constructed, with consideration given to the use of drought-tolerant native plant materials, such as the eucalyptus, hawthorne, and bougainvillea, have been incorporated into the project as submitted or would be incorporated as conditions of approval. Mitigation/Monitorinq Required for Zone Chanqe 93-005: None required. Item A - "Yes": 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, it's supplements and addendum. 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. However, the project has been reviewed and will not worsen impacts previously identified in the Program EIR. Mitigation measures addressing the acoustic environment were identified in the program EIR, and are included in the submitted project, or would be conditions of approval. No additional mitigation measures are required as a result of Zone Change 92-002. Item B - "No": The project site is within the Specific Plan area and the certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to the proposed development and the resultant negative effects of noise. Consequently, mitigation measures were identified in EIR 85-2, it's supplements and addendum and recommended for implementation. This proposal has incorporated those measures related to noise into either the submitted plans or would be included in the conditions of approval, where applicable, for the subject project. No additional impacts would occur beyond those identified in the Program EIR. Sources: Field Verification Submitted Plans Tustin City Code Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 9 · Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitorinq Required for VTTM 14883 and DR 93-043: Mitigation measures identified by the program EIR include measures to identify exterior noise levels identified with the project in an acoustical analysis construction of barriers used within the project site such as berms, walls or a combination of both. Landscaping materials and setbacks from the roadway are also included in the site design as mitigation measures. Interior noise impacts where determined to be greater than the level permitted by the Noise Ordinance will be mitigated by providing improved noise rated windows. In addition, the City's Noise Ordinance No. 828 has specific requirements in regard to construction noise. Those measures identified in certified EIR 85-2, it's supplements and addendum and the City of Tustin Ordinance No. 828, have been incorporated into the project as submitted or would be incorporated as conditions of approval. Mitigation/Monitoring Required for Zone Change 93-005: None required. LIGHT AND ~LARE "Yes": The proposed 223 residential condominium unit development would create additional light at the presently undeveloped site. Lighting from pedestrian and street lights, decorative wall lights and outdoor private area lights will have a 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, and 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. However, mitigation measures were identified in EIR 85-2, it's supplements and addendum and recommended for implementation. This proposal has incorporated those measures related to light and glare into the submitted plans. The mitigation measures would also be included in the conditions of approval for the project. The project has also been reviewed and will not worsen impacts previously identified in the Program EIR. No additional mitigation measures are required as a result of Zone Change 92-002. Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 10 · Sources: Field,Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitorinq Required for VTTM 14883 and DR 93-043: Conditions of approval for the project require that a lighting plan be submitted for the project, and that no lights that create any glare or have a negative impact on adjoining properties shall be permitted. Mitigation/Monitoring Required for Zone Chanqe 93-005: None required. LAND USE "No": The project site is within the Specific Plan for which the certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to the proposed development and the resultant negative effects of land use. The requested Zone Change 93-005 would not result in a substantial alteration of the planned land use of the area. The zone change would allow for an alternate configuration of building structures within the maximum density permitted for the project. EIR 85-2 requires compliance with the guidelines and provision of the ETSP in order to facilitate orderly development of the project and mitigate the potential for land use conflicts. The proposed zone change is consistent with the provisions of the ETSP. The site was anticipated to be designated as Medium-Density residential by the land use plan. The impacts to the site by a Medium- Density development allowing up to 18 dwelling units per acre was considered by certified EIR 85-2, it's supplements and amendments. The project will have a density of only 15.69 dwelling units per acre, consistent with the original ETSP land use designation. The program EIR identified that the development of the project site would result in the gradual conversion of existing open space 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 5f Overriding CoDsiderations was adopted for the specific plan. However, mitigation measures identified in EIR 85-2, it's supplements and addendum have been incorporated into the project or would be required, as Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 11 · conditions of approval which avoid or s~bstantially lessen the significant environmental effect-asi~entified in the program EIR. The project will not worsen impacts previously identified in the Program EIR. No additional mitigation measures are required as a result of Zone Change 92-002. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitiqation/Monitoring Required for VTTM 14883 and DR 93-043: Adherence to and compliance with the guidelines and provisions of the ETSP, which address building height, building setbacks, parking requirements, and other site development standards, would ensure that the development of the proposed 223 residential condominium unit development complies with mitigation measures specified in the certified EIR 85-2, it's supplements and addendum. Mitiqation/Monitoring Required for Zone Change 93-005: None required. NATURAL RESOURCES The project site is within the East Tustin Specific Plan area designated as Medium-High Density by Zone Change 92-002, allowing up to 25 dwelling units per acre. The Addendum No. 4 to EIR 85-2 for Zone Change 92-002 determined that there would be no significant changes to natural resources for the ETSP project area associated with the Medium-High Density designation. The certified EIR 85-2, it's supplements and addendum identified impacts to the ETSP related to residential development and the resultant negative effects to natural resources. Applicable mitigation measures were identified in EIR 85-2, it's supplements and addendum and recommended for implementation. This proposal has incorporated those measures related to natural resources into either the submitted plans or would be included in the conditions of approval, where applicable, for the subject project. No additional impacts would occur beyond those identified in the Program EIR. No additional mitigation measures are required as a result of Zone Change 92-002. Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 12 Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitoring Required for VTTM 14883 and DR 93-043: 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 such as eucalyptus, hawthorne, and bougainvillea, and revegetating graded and cut and filled areas where feasible. These mitigation measures have been incorporated into the project as submitted, or will be incorporated as conditions of approval. Mitigation/Monitorinq Required for Zone Change 93-005: None required. 10. RISK OF UPSET Items A and B - "No": The project site is within the Specific Plan area for which the certified EIR 85-2, it's supplements and addendum identified no impacts to the project site related to the proposed development and the resultant negative effects from risk of upset. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitoring Required for VTTM 14883 and DR 93-043: None required. Mitiqation/Monitorinq Required for Zone Chanqe 93-005: None required. 11. POPULATION "Yes": The proposed project would provide 223 residential condominium units on the sit~. The Medium-High Density designation would permit up to 355 units pursuant to the ETSP, which allows a maximum of 25 dwelling units per acre on the Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 13 subject site. However, the proposed project would only have 15.69 dwelling units per acre. As a result, the project will not worsen impacts previously identified in Zone Change 92-002 or in the Program EIR. The project site is within the Specific Plan area for which the certified EIR 85-2, it's supplements and addendum 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. Mitigation measures were identified in EIR 85-2, it's supplements and addendum and recommended for implementation. This proposal has incorporated those measures related to population into either the submitted plans or would be included in the conditions of approval, where applicable, for the subject project. No additional mitigation measures are required as a result of Zone Change 92-002. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitoring Required for VTTM 14883 and DR 93-043: None required. Mitigation/Monitoring Required for Zone Change 93-005: None required. 12. HOUSING "Yes": The proposed project would provide 223 residential condominium units or 15.69 dwelling units per acre. The Medium-High Density designation permits up to 25 dwelling units per acre. The Addendum No. 4 for EIR 85-2 for Zone Change 92-002 determined that there would be no significant changes to anticipated housing units for the ETSP project area associated with the Medium-High Density designation. However, the project would have less dwelling units per acre than the maximum number (18) for the Medium-Density designation which was the designation evaluated by EIR 85-2. Therefore, the project will not worsen impacts previously identified in the Program EIR. The project site is within the specific plan Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 14 area, and the Certified EIR 85-2, it's supplements and addendum identified impacts to the project.site related to the proposed development and the resultant negative effects to housing. 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. Consequently, applicable mitigation measures were identified in EIR 85-2, it's supplements and addendum and recommended for implementation where feasible. This proposal has incorporated those measures related to housing into either the submitted plans or would be included in the conditions of approval, where applicable, for the subject property. No additional mitigation measures are required as a result of Zone Change 92-002. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitoring Required for VTTM 14883 and DR 93-043: None required. Mitigation/Monitoring Required for Zone Change 93-005: None required. 13. TRANSPORTATION/CIRCULaTION Item A - "Yes": The subject 223 residential condominium unit development would have primary access from a 40 foot wide private entry off of Greenway Drive, an existing improved street with 60 feet of right-of-way width. This 40 foot wide entrance would align with Colonial Drive which provides access to Tract 14110 on the north side of Greenway Drive. Secondary access to the tract would be provided by a 36 foot wide private entry street off of Greenway, approximately 360 feet east of the primary entrance. On-site circulation will consist of a 36 foot wide private loop street, accommodating parking on both sides. Twenty 24 foot wide drives would provide access to the garage courts which contain an attached, two car garage for each condominium unit. Trip generation for the subject project is determined by multiplying the trip rate for multiple family dwellings Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 15 projects which is 7 Average Daily Trips (ADT) per unit by the number of units. The total trip generation for the project would be 1,561 ADT. Greenway Drive and Tustin Ranch Road were designed for critical peak loads, which are on weekdays between 7:00 t 9:00 a.m. and 4:00 to 6:00 p.m. According to the General Plan, Greenway Drive is a local street designed to accommodate local traffic at an acceptable level of service and distribute this traffic to the City's arterial roadway system. Greenway Drive currently operates at LOS A. Tustin Ranch Road is identified as a major arterial in the City's General Plan, and is constructed to ultimate major arterial status in the location of this project. According to the General Plan, Tustin Ranch Road has a maximum capacity of 56,300 ADT at LOS E. Currently, traffic volumes on Tustin Ranch Road is 5,500 ADT, which represents a LOS A. The program EIR identifies that the ETSP will generate 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 and chose to adopt a Statement of Overriding Considerations. 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, the project will not worsen previously identified impacts on the transportation/ circulation in the Program EIR. This proposal has incorporated applicable measures related to transportation/circulation into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. No additional mitigation measures are required as a result of Zone Change 92-002. Items B, C, D, E, and F - "No": The project site is within the Specific Plan area for which the certified EIR 85-2, it's supplements and addendum identified impacts related to the proposed development and the resultant negative effects to transportation/circulation, including: the effects on existing parking facilities, or demand for new parking; substantial impact upon existing transportation systems; alterations to present patterns of circulation or movement of people and/or goods; alterations to waterborne, rail or air traffic; and Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 16 increase in traffic hazards to motor vehicles, bicyclists or pedestrians. As all required parking would be provided on site, there would be no demand for additional parking. As the surrounding roads have been designed to accommodate peak traffic demands the proposed project would not have a substantial impact upon existing transportation systems, as discussed above, nor would it impact the present patterns of circulation or movement of people and/or goods. As the site, plan is designed to the specifications of the ETSP, and the Tustin City Code, traffic hazards to motor vehicles, bicyclists or pedestrians would be mitigated. No additional impacts would occur beyond those identified in the Program EIR. Mitigation measures were identified in EIR 85-2, it's supplements and addendum and recommended for implementation. This proposal has incorporated those measures related to transportation/circulation into either the submitted plans or would be included in the conditions of approval, where applicable, for the subject project. Sources: Field Verification Submitted'Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitiqation/Monitorinq Required for VTTM 14883 and DR 93-043: Conditions of approval require that the private street system and residential development on the site shall meet the requirements of the ETSP, and the Tustin City Code. Also, a condition of approval requires that a street improvement plan be provided for all construction within the public right-of- way. Furthermore, adherence to and compliance with the guidelines and provisions of the East Tustin Specific Plan will ensure that the development of the subject project complies with mitigation measures specified in the certified EIR 85-2, it's supplements and addendum. Mitiqation/Monitoring Required for Zone Change 93-005: None required. 14. PUBLIC SERVICES Items A, B, C, D, E, and F, - "Yes": Implementation of this project will result in an increase in the demand for and Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 17 utilization of public services, such as fire protection, police protection, infrastructure maintenance and other governmental services, schools, parks and recreational facilities. However, impacts to public services were originally considered as part of EIR 85-2, its supplements and addendum. The project will not worsen impacts previously identified in the program EIR as the impacts identified by the Program EIR anticipated that the site would be designated as Medium Density by the land use plan, which would allow a maximum of 18 dwelling units per acre. The proposed project would provide 223 residential condominium units with a density of 15.69 units per acre. The subject site is within the Specific Plan area for which the certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to the proposed development and the resultant negative effects to public services. 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, it's supplements and addendum and recommended for implemen- tation. This proposal has incorporated those measures related to public services into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. No additional mitigation measures are required as a result of Zone Change 92-002. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitorinq Required for VTTM 14883 and DR 93-043: Measures identified in certified EIR 85-2, it's supplements and addendum, such as; stating the project sponsor shall work closely with the Police Department, the Orange County Fire Department and other governmental services to ensure adequate security, safety and services for the project; a street improvement plan required for all construction in the public right-of-way; and a parkland dedication for this project have been incorporated into the project. These measures identified Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 18 in the certified EIR 85-2, it's supplements and addendum, as applicable have been incorporated into the project as submitted or will be incorporated as conditions of approval. Mitigation/Monitorinq Required for Zone Chanqe 93-005: None required. 15. ENERGY Items A and B - "Yes": The ETSP will increase the demand for and.consumption of energy. The project site is within the Specific Plan area for which certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to the proposed development and the resultant negative effects to energy. However, the project will not worsen impacts previously identified in the Program EIR as the impacts identified by the Program EIR anticipated that the site would be designated as Medium Density by the land use plan, allowing up to 18 dwelling units per acre. The proposed project would provide 223 residential condominium units with a density of 15.69 units per acre. 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. Consequently, mitigation measures were identified in EIR 85-2, it's supplements and addendum and recommended for implementation. This proposal has incorporated those measures related to energy into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. No additional mitigation measures are required as a result of Zone Change 92-002. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitiqation/Monitorinq Required for VTTM 14883 and DR 93-043: Mitigation measures identified in certified EIR 85-2, it's supplements and addendum, require that building construction shall comply with the Energy Conservation Standards set forth Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93'005 April 23, 1994 Page 19 in Title 24 of the California Administrative Code, that energy conservation techniques be considered, that insulation of walls, ceiling and floors be required, and that energy efficient lighting be used. These mitigation measures related to energy, as applicable, have been incorporated into the project as submitted or will be incorporated as conditions of approval. Mitiqation/Monitoring Required for Zone Change'93-005: None required. 16. UTILITIES Items A through F - "Yes": The ETSP will increase the demand for utilities. However, the project will not worsen impacts previously identified in the Program EIR. The subject site is within the Specific Plan area for which the certified EIR 85- 2, it's supplements and addendum identified impacts to the project site related to the proposed development and the resultant negative effects to utilities. The project will not, however, worsen impacts identified by the Program EIR as the impacts identified by the Program EIR anticipated that the site would be designated as Medium Density by the land use plan, allowing up to 18 dwelling units per acre. The proposed project would provide 223 residential condominium units with a density of 15.69 units per acre. 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, it's supplements and addendum 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. No additional mitigation measures are required as a result of Zone Change 92-002. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 20 Mitiqation/Monitorinq Required for VTTM 14883 and DR 93-043: Mitigation measures identified in certified EIR 85-2, it's supplements and addendum, require that water conservation methods as required by state law, energy conservation standards and building construction techniques as set forth in Title 24 of the California Administrative Code, energy conservation techniques, insulation of walls, ceiling and floors, and that energy efficient lighting be implemented 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. Mitigation/Monitorinq Required for Zone Chanqe 93-005: None required. 17. HUMAN HEALTH Items A and B - "No": The project site is within the Specific Plan area for which certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to the proposed development~ and the resultant negative effects to human health. Mitigation measures were identified in EIR 85-2, it's supplements and addendum 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, for the subject project. No additional impacts would occur beyond those identified in the Program EIR. No additional mitigation measures are required as a result of Zone Change 92-002. Sources: Field Verification Submitted Plans Tustin city Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitorinq Required for VTTM 14883 and DR 93-043: Those measures identified in certified EIR 85-2, it's supplements and addendum, related to human health such as; adherence to and compliance with the guidelines and provisions of the ETSP, which address building height, building setbacks, open space requirements, parking requirements, and other site development standards; adherence to the Uniform Building Code and all applicable city, state and federal codes as Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 21 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. Mitigation/Monitoring Required for Zone Change 93-005: None required. 18. SOLID WASTE "No": The development site is within the Specific Plan area for which the certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to the proposed deVelopment and the resultant negative effects of solid waste. This proposal has incorporated those measures required by the Program EIR related to solid waste into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. Pursuant to the City of Tustin Municipal Code, the subject project will be required to contract for trash removal services with the City's contracted hauler. The solid waste product is transported by the hauler to the Material Recovery Facility (MRF). Once at the MRF, the waste is manually and mechanically separated and the recyclable materials are recovered. This program has been implemented by the City in effort to meet the State requirements identified in the Source Reduction and Recycling Element related to. the 25 and 50 percent diversion requirements. It is anticipated that the amount of solid waste will be accommodated within the City's existing solid waste handling programs and Will not have a significant impact on the City's Solid Waste Handling services. The City's existing solid waste handling program and contracts have been established to accommodate the development and expansion of new businesses and residential developments within the City. No additional impacts would occur beyond those identified in the Program EIR. No additional mitigation measures are required as a result of Zone Change 92-002. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 22 East Tustin Specific Plan Great Western Reclamation Inc. Mitiqation/Monitorinq Required for VTTM 14883 and DR 93-043: Those measures identified in certified EIR 85-2, it's supplements and addendum, related to the removal of solid waste, have been incorporated into the project as submitted or will be incorporated as conditions of approval. Mitigation measures identified in EIR 85-2, it's supplements and addendum related to solid waste will be conditioned with this project and will also be implemented at the time subsequent specific development plans are considered. These mitigation measures woUld include the future to contract for a fee with the City' contracted solid waste hauler. Mitiqation/Monitorinq Required for Zone Chanqe 93-005: None required. 19. AESTHETICS "No": The proposed 223 residential condominium unit development would consist of 2 story residences above a ground floor garage. Exterior materials would include red S-tile roofs, stucco siding in light beige tones with details such a exposed rafters, shutters and projecting window trim. Design Review of the project has been completed by the Community Development Department, andhas been recommended for approval. The requested Zone Change 93-005 would not result in the obstruction of any scenic vistas or view open to the public, nor will it result in the crating of any aesthetically offensive site open to public view. The zone change wold allow for an alternate configuration of building structures within the maximum density permitted for the project. EIR 85-2 requires compliance to the guidelines and provision of the ETSP in order to facilitate orderly development of the project and mitigate the potential for land use conflicts. The proposed zone change is consistent with the provision of the ETSP. The project is within the Specific Plan area and the certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to the proposed development and the resultant negative effects to aesthetics. Mitigation measures were identified through design review in conjunction with EIR 85-2, it's supplements and addendum and recommended for implementation. This proposal has Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 23 incorporated those measures related to aesthetics into either the submitted plans or will be included in the conditions of approval, where applicable, for the subject project. No additional impacts would occur beyond those identified in the Program EIR. No additional mitigation measures are required as a result of Zone Change 92-002. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitoring Required for VTTM 14883 and DR 93-043: Those measures identified in certified EIR 85-2, it's supplements and addendum which relate to this development such as those stating that grading reflect the natural topography of the site, and architectural and site design reflect the Urban Design Guidelines section of the ETSP have been incorporated into the project. Mitigation/Monitorinq Required for Zone Change 93-005: None required. 20. RECREATION "No": The subject site is within the Specific Plan.area and the certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to the proposed development and the resultant negative effects to recreation. Parkland dedication of 1.8732 acres has been provided by the site to adequately provide parkland as required by the ETSP. Furthermore, all parks identified by the ETSP have been reserved for the purpose of providing recreation in the ETSP. No additional impacts would occur beyond those identified in the Program EIR. No additional mitigation measures are required as a result of Zone Change 92-002. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Exhibit A - Initial Study VTTM 14883, DR 93-043, ZC 93-005 April 23, 1994 Page 24 Mitiqation/Monitorinq Required for VTTM 14883 and DR 93-043: None required. Mitigation/Monitorinq Required for Zone Change 93-005: None required. 21. CULTURAL RESOURCES Items A throuqh D - "No": The subject site is within the Specific Plan area and the certified EIR 85-2, it's supplements and addendum identified impacts to the project site related to the proposed development and the resultant negative effects to cultural resources. This project is not within an area identified as an archaeological site. Sources: Field Verification Submitted Plans Tustin city Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan. Mitigation/Monitorinq Required for VTTM 14883 and DR 93-043: None required. Mitiqation/Monitorinq Required for Zone Chanqe 93-005: None required. 22. 14ANDATORY FINDINGS OF SIGNIFICANCE Items A, B, C and D - "No": 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, it's supplements and addendum, addressed all of these concerns and this project is fully within the scope of that discussion. Source: Submitted plans As previously stated Mitigation/Monitorinq Required: As previously stated. PART IV - DETEI~INATION EXHIBIT B INITI~ff., STUDY RESPONSES FOR LOT L2 OF TINCT L2870 VESTING TENTATIVE TI~CT I~P ~4883 DESIGN REVIEW 93-043, JOHN L~ING HOMES On the basis of this initial evaluation: I find that the proposed project ~AS utilized all feasible mitigation measures as identified in Final Environmental Impact Report 85-2 certified on March 17, 1986, and subsequently adopted supplements and addenda. The program EIR 85-2, it's supplements and addendum for the East Tustin Specific Plan is adequate to serve as the program EIR as significant impacts were identified and corresponding mitigation measures were recommended to be incorporated into the approval process for individual projects. Therefore, no additional documentation is required. SIGNATURE Assistant Planner BS: br: vtm14883, env !,: ..P L A N N ! NG~COM' MISS IO N..iR ESQLUTI ONS~ .............. 1 RESOLUTION NO. 3261 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION 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, INCLUDING ADDENDUM NO. 4 TO EIR 85-2 FOR ZONE CHANGE 92-002) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 14883, DESIGN REVIEW 93-043, AND ZONE CHANGE 93-0Q5 AN~ ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae That a Vesting Tentative Tract Map 14883, Design Review 93-043, and' Zone Change 93-005 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and Be That the projects are covered by a previously certified Final Environmental Impact Report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project, and includes Addendum No. 4 to ~EIR 85-2. 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 Planning Commission hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects -of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. All feasible mitigationmeasures 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 satisfied 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, on wildlife 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 mitigation measures are identified ad 10 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 28 Resolution No. 3261 Page 2 Conditions on Exhibit A of Planning Commission Resolution No. 3263 recommending approval of Vesting Tentative Tract 14883 and Exhibit A of Planning Commission Resolution No. 3263 approving Design Review 93-043. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 23rd day of May, 1994. KATHY WEIL Chairperson BARBARA REYE'~ Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3261 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of May, 1994. BARB~RA REYES '" Recording Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3262 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 93-043 FOR A 223 RESIDENTIAL CONDOMINIUM DWELLING DEVELOPMENT ON TRACT 14883. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae That a proper application, Design Review 93-043 was filed by John Laing Homes requesting approval of a 223 residential condominium dwelling development to be constructed on a 14.616 acre site identified as Lot 12 of Tract 12870. Be That the said application was considered by the Planning Commission on May 23, 1994. Ce Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that t~e location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the- occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. · Size and spacing of windows, doors and other openings. · Towers, chimneys~ roof structures, flagpoles, radio and television antennae. · Landscaping, parking area design and traffic circulation. · Location, height and standards of exterior illumination. 10 11 12 ~4 15 16 17 18 19 20 21 22 23 24 25 z7 28 Resolution No. 3262 Page 2 e Location and appearance of equipment located outside of an enclosed structure. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structure to existing structures and possible feature structures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted by the City Council. II. The Planning Commission hereby conditionally approves Design Review 93-043 authorizing construction of a 223 residential condominium dwelling development subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the city of Tustin, at a regular meeting on the 23rd day of May, 1994. Recording Secretary KATHY/WE~IL Chairperson 10 11 12 13 14 '15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3262 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3262 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of May, 1994. Recording Secretary EXHIBIT ~ RESOLUTION NO. 3262 CONDITIONS OF APPROVAL DESIGN REVIEW 93-043 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped May 23, 1994 on file with the Community Development Department as herein modified or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the East Tustin Specific Plan. (1) 1.2 Unless otherwise specified, the conditions contained in the Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design review approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit. (1) 1.4 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.5 The applicant and property owner shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. (1) 1.6 Approval of Design Review 93-043 and Vesting Tentative Tract Map 14883 is contingent upon approval by the City Council of Zone Change 93-005 amending the East Tustin Specific Plan. Should Zone Change 93-005 not be approved, the project shall be modified to comply with the applicable requirements of the East Tustin Specific Plan, subject to the review of ~he Director of Community Development. SOURCE CODES (1) STANDARD CONDITION (S) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A - Conditions of Approval Design Review 93-043 Resolution No. 3262 Page 2 PLAN SUBMITTAL 2.1 At building plan check the following shall be submitted: (3) A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. (2) B. (3) (2) (3) (2) (3) (2) (3) (2) (3) (2) Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas water and electricity. Additionally, a note on plans shall be included stating that no field.changes shall be made without corrections submitted to and approved by the Building Official. C.. Final grading and specification consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval by the Community Development Department. Subject grading submittal shall comply with all requirements of Condition 4.1 and 4.2 contained in Exhibit A of Planning Commission Resolution No. 3263. D~ Information, plans and/or Specifications t° ensure satisfaction of Condition-l.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9 and 1.10 of Exhibit A of Planning Commission Resolution No. 3263. Final soils report prepared by a registered civil engineer for approval by the Building Division. Information, plans and/or specifications to ensure compliance with Conditions 5.1, 5.2, 5.3, 5.4, and 5.5 of Exhibit A of Planning Commission Resolution No. 3263. Ge A detailed acoustical noise study prepared by a qualified acoustical expert shall be subject to review and approval by the Community Development Department to insure that interior noise levels do not exceed a maximum of 45 dBa's and that the Exhibit A - Conditions of Approval Design Review 93-043 Resolution No. 3262 Page 3 exterior noise levels shall not exceed a maximum of 65 dBa's. The report and any subsequent field inspection shall comply with CoDdition 6.1 and 6.2 of Exhibit A of Planning Commission Resolution No. 3263. (1) 2.2 Submitted construction drawings shall be in conformance with all development standards as applicable in the East Tustin Specific Plan. Conceptual approval of locations of structures shall not constitute final approval. Any administrative adjustments are subject to review and approval by the Director of Community Development. (5) 2.3 No temporary construction fencing shall be permitted to encroach into the required travelways of the private streets or private courts. (1) 2.4 Submitted construction drawings shall reflect all dimensions consistently between vesting tentative tract map, site plan, landscape plan, model plan and architectural plans. SITE AND BUILDING CONDITIONS (1) 3.1 Provide exact details of all exterior door and window (4) types, including but not limited to such information as frame color and glass tint. (1) 3.2 Ail exterior colors to be used shall be subject to review (4) and approval of the Director of the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (1) 3.3 Note on final plans that a six-foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.4 Ail mechanical and electrical fixtures and equipment (4) shall be adequately and decoratively screened. The screen shall be considered as an element of the overall Exhibit A - Conditions of Approval Design Review 93-043 Resolution No. 3262 Page 4 design of the project and shall blend with the architectural design of buildings. Ail telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining sufficient distance to minimize visual impacts from Greenway Drive. (1) 3.5 Exterior elevations of the buildings shall indicate any (4) fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. (1) 3.6 On-site subdivision walls shall be constructed by subdivider including property line or common area dividing fencing (between units) within interior of project. Provide drawings indicating wall materials, cap and other decorative treatments and color. Walls must be consistent with wall concepts approved for Tract 12870. Interior property line dividing walls which do not also serve.as perimeter walls for project shall be consistent with main building treatments. Retaining walls shall have exterior treatments consistent with other subdivision walls. Provide wall/fence legend on site plan including retaining walls. (1) 3.7 Provide legible grade numbers with a minimum of .40% grade information on the tract map and grading plan. (1) 3.8 Show three inch (3") stripping details of parking spaces. (1) 3.9. Automatic garage doors are required. (1) 3.~0 Each dwelling shall have separate gas and electrical meters. ~. (1) 3.~ The site plan shall be revised to provide six-inch continuous curbs and minimum 2.5 foot landscape planters in front of the following head-in parking spaces: spaces 6-9, 19-23, and 112-114. (5) 3.~Z The setback from the private drive at the garage court entrance shall be modified to indicate a minimum 3-foot setback from the private drive to t~e garage. Exhibit A - Conditions of Approval Design Review 93-043 Resolution No. 3262 Page 5 ?.a_NDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 4.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location and quantity of the plant materials proposed. Show planting and beaming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler'type, spacing and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and irrigation plan, .public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check. Note on landscaPing plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 4.2 The submitted landscaping plans at plan check shall reflect the following requirements: ae Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas alone is not acceptable. Be Shrubs shall be a minimum of 5 gallon size and shall, be spaced a minimum of 5 feet on center. Ce Ground cover shall be planted between 8 to 12 inches on center. De Fences, walls and equipment areas, shall be screened with shrubs and/or vines and trees. Ze Ail plant materials shall be installed in a healthy vigorous condition typical to the species and must be maintained in a neat and healthy condition. Exhibit A - Conditions of Approval Design Review 93-043 Resolution No. 3262 Page 6 Maintenance includes but is not limited to trimming, moving, weeding, removal of litter, fertilizing, regular watering and replacement of diseased or dead plants. Fe Buffer driveway and parking areas with landscaping berms when possible. Ge A thickly planted landscape shall be installed along the edge of the project. Use natural landscaping and other architectural detailing to soften their visual appearance. He Major points of entry to the project, courtyards and pedestrian internal circulation routes shall receive specimen trees to create an identification theme. I · Landscape adjacent to the right-of-way, shall be coordinated with parkway landscaping. Perimeter walls should be treated with vines in order to relieve large expanse of walls with greenery and color. Vine should be informally grouped with raining devices installed. (1) 4.3 The landscape treatment along Greenway Drive shall be (7) consistent with the approved landscape concept for Sector (4) 7. This treatment includes the use of Desert and Spotted Gum Eucalyptus trees, Pittosporum. Tobira and Jasminum Humile shrubs, Lonicera, Vinca and Turf ground covers and Bougainvillea vines. (I) 4.4 Screening adjacent to roadways, whenever possible, shall (7) compliment the architecture, color and construction (4) materials of primary buildings on the site. (1) 4.5 Ail walls, fences or landscaping adjacent to streets (7) should be designed to provide adequate sight distance for (4) vehicles exiting the tract via the private streets. (1) 4.6 Provide details, colors and materials for all exterior (4) walkways, stairs and walls. Design interior walkways to create a pedestrian corridor with accessory landscaping treatment. Exhibit A - Conditions of Approval Design Review 93-043 Resolution No. 3262 Page 7 (1) 4.7 Entryway to the project site should be focal points. In (4) addition to larger tree treatments these areas should be provided with a variety of color and treatment of landscaping as well as an incorporation of special decorative signage or pavement treatment (i.e., walls, gates, lighting, etc.) (1) 4.8 A complete, detailed project sign program including design, location, sizes, colors and materials shall be approved by the Irvine Company then submitted for review and approval by the Community Development Department. The sign program shall include temporary project identification, addressing and street signs. Address signs shall be automatically illuminated. (1) 4.9 Indicate lighting scheme for project, note locations of all exterior lights and types of fixtures. Lights to be installed on buildings shall be a decorative design. No lights shall be permitted which may create any glare of have a negative impact on adjoining properties. The location and types of lighting shall be subject to the approval of the Director of Community Development. (4) 4.10 Mailboxes shall include methods to ensure security provisions with locking devices where an acceptable manufactured product is available, subject to the review and approval of the Community Development Director. Said mailboxes shall also meet the requirements of the postmaster. (5) 4.1~ A weed barrier shall be placed below the dwarf kumquat grove wherever gravel is utilized as a planting base around kumquat trees, subject to the approval of the Community Develcpment Department. At any future, point in time as determined by the developer or future Homeowner's Association, the alternate landscaping plan provided as Attachment D in the Planning Commission staff report dated May 23, 1994, may be implemented without the need for any additional design review subject to issuance of any permits required by the Uniform Building Code. ~ Exhibit A - Conditions of Approval Design Review 93-043 Resolution No. 3262 Page 8 FEES (1) 5.1 Payment of all fees is required in accordance with Condition 9.1, 9.2 and 9.3 of Exhibit A of Planning Commission Resolution No. 3263. RESOLUTION NO. 3263 10 11 12 13 16 17 18 19 2O 21 22 23 24 25 26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 14883. The Planning Commission of the CitY of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae That Vesting Tentative Tract Map No. 14883 was submitted to the Planning Commission by John Laing Homes for consideration; and Be That a public hearing was duly called, noticed and held for said map on May 23, 1994, by the Planning Commission. Ce That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area. De That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific. Plan, Development Agreement and Subdivision Map Act as it pertains to the development of condominium dwellings. Ee The 1.8732 acres of parkland required for this development was previously dedicated with recordation of Tract 12870. Fe That the City has reviewed the status of the School Facilities Agreements between the Irvine Company and the Tustin Unified School District. The East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impact of vesting Tentative Tract 14883 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed. Ge That the site is physically suitable for the type of development proposed. That the site is physically suitable for the proposed density of development. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3263 Page 2 I e 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. Je That the design of the 'subdivision or the type of improvements proposed will 'not conflict with easement acquired by the public at large, for access through or use of the property within the proposed subdivision. Ke That the design of the subdivision or the types of improvement proposed are not likely to cause serious public health problems. L. ~ The project has been determined to be exempt from the provisions of Measure "M" in that it has ~entitlement specified in a 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. II. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map No. 14883, subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 23rd day of May, 1994. / 4. ; I ./ ./ .c.~',.'~.'?,.'.-~- BARBARA REY~S Recording Secretary Chairperson Resolution No. 3263 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3263 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of May, 1994. BARBARA REYES Recording Secretary (2) (3) (5) EXHIBIT A VESTING TENTATIVE TRACT MAP 14883 RESOLUTION NO. 3263 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE INPROVEM~NT8 1.1 Prior to recordation of final map, the Subdivider shall prepare plans for and construct, or post security guaranteeing construction of all public and/or private, infrastructure improvements within the boundary of said ~ract map in conformance with applicable City standards, including but not limited to the following: A® Ce D. E. F. G. H. I. J. Ke ne Ne Oe Curb and gutter/cross gutters. Sidewalks including access physically handicapped person. Drive aprons/approach Street paving Street signing and paving Landscaping/irrigation facilities Sanitary sewer service facilities Domestic water service facilities Reclaimed water service facilities Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities.) Traffic signal systems and other traffic control devices. Street and paseo lighting Storm drains and subdrains (The private storm drain facilities within this tract will be maintained by homeowner' association). Undergrounding of existing and proposed utility distribution lines Lot monumentation Fire hydrants Bus stops and other facilities such as bus shelters and benches. facilities for The amount, of acceptable security for conduction 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. SOURCE CODES (1) STANDARD CONDITION ( $ ) (2) CEQA MITIGATION ( 6 ) (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW *** EXCEPTION RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 2 (1) 1.Z A separate 24" x 36"street improvement plan shall be submitted showing all proposed improvements within the public right-of-way . Said plan shall.be prepared by a California Registered Civil Engineer. (1) 1.3 Ail changes in existing curbs, gutters, sidewalks and (6) other public improvements shall be responsibility of subdivider. (1) ~.4 A separate 24" x 36" reproducible traffic control plan prepared by a California Licensed Traffic Engineer and/or Civil Engineer experienced in this type .of plan preparation shall be submitted. (1) ~.5 Proposed streets shall be designed to the following (5) specifications: (6) A. All proposed streets shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved bythe Directors of~Community Development and Public Works. Be Ail' streets and drives shall be constructed in accordance With City requirements in terms of type and quality of material used. Ce Sidewalk areas shall flare around the placement of all above ground facilities, such as signing, street lights and fire hydrants unless located outside of sidewalk widths within public .utility easement areas. De 'Ail sidewalks at street intersections shall be provided with curb ramps for the handicapped per City standards. Ze Elevations at center line of streets shall be leveled with the top of curb elevations. F® Parking shall only be permitted on streets as approved by the Police and Fire Department. Signage and red curbing shall be installed where appropriate. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 3 (1) ~.6 Preparation of plans for and construction of: ae Ail 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. Be A domestic water system must be to the standards of the Irvine Ranch Water District/City of Tustin Water service, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall be to the standards as required by the Irvine Ranch Water District. Ce 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) ~.7 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. (1) ~.8 A complete hydrology study and hydraulic calculations (5) shall be submitted for review and approval prior to permit issuance. (1) ~.9 Preparation of a sedimentation and erosion control plan (5) for all work related to the tract shall be submitted for review and approval prior to permit issuance. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 4 (1) ~.10 Applicant shall prepare and submit a final grading plan (5) delineating the following information:~ a. Final street elevations at key locations; be Fina!0~ .pad/finished floor elevation and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA; and c. Ail flood hazards of record. (5) 1.~ 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 compute 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 preparing plans in CADD, and these guidelines are available from the Engineering Division. The CADD files shall be submitted to the City at the time the plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. (5) ~.~Z Construction of catch basin, storm drain laterals and junction structures at the two drive entrances will be required to eliminate the need for cross gutters. (5) 1.~3 The developer will be responsible for any traffic signing and/or striping along Greenway Drive 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 Traffic Engineer. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 5 (5) 1.14 Preparation and submittal of a final grading plan delineating the following information: . a) b) c) Final street elevations at key locations. Final pad/finished floor elevation and key elevations for all site grading. All pad elevations to-~be a minimum of 1.0 foot above base flood elevation as defined by FEMA. All flood hazards of record. (5) 1.15 Dedication of all required street right-of-way, vehicular access rights, flood control easements, sewer easements, and water easements as defined by the CitY Engineer. (5) 1.16 Preparation of sanitary sewer and reclaimed water plans to the standards of the Irvine Ranch Water District. (5) 1.17 Preparation of domestic water plans to the standards for the Irvine Ranch Water District. (5) 1.18 Developer(s) obligation to make potential buyers of subdivided lots aware of potential liens/assessments against the subdivided properties as follows: a) b) Assessment District 86-2. City of Tustin Landscape and Lighting District. (5) 1.19 Sight distance lines shall be shown on the final landscape plans at both access drives along Greenway Drive per OCRMA Standard No. 1117. (5) 1.Z0 The pavement section of all private drives shall be consistent with the minimum requirement for a private street section as required by the City's construction standards for private streets to accommodate the weight, stop and start, and street maintenance issues related to refuse truck service. 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 b~ the City Engineer and other reasonable agencies. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 6 CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1)' 3.1 Prior to recordation of the final map, -subdivider shall (2) post with the Community Development Department a minimum (6) $2,500 cash deposit or letter of credit to guarantee the Sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of- development or City appearance of public streets, an additional incremental deposit will be required. (1) 3.2 Any damage done to existing street improvements and (6) utilities shall be ~epaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 3.3 Prior to any work in the public right-of-way, an Excavation Permit must be obtained from and applicable fees paid to the Public Works Department. 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 '0f the Uniform Building Code, City Grading Requirements, and all other applicable State and local laws, regulations and requirements. Be Preparation and submittal of a grading plan subject to approval by the Department of Community Development delineating the following information- le · · · Methods of drainage in accordance with all applicable City standards. All recommendations submitted by geotechnical or soils engineer and specifically approved by them. Compliance with conceptual grading shown on tentative tract map. A drainage plan and necessary support documents such as hydrology calculations to comply with the following ~equirements: Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 7 ao Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. be Elimination of any sheet flow and ponding across lot lines. Ce Provision of drainage facilities to protect the lots from any high velocity scouring action. de Provision for tributary drainage from adjoining properties. 5. Ail flood hazard areas of record. Se 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. · Note on plans that a qualified paleontologist/ archeologist, as appropriate, shall be present during rough grading operations. If resources' are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archeologist subject to review and approval by the Department of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/archeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 8 Preparation of a sedimentation and erosion control plan for all construction work related to the subject tract including a method of control to prevent: dust and windblown earth problems. Ce Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. (1) 4.Z Ail earthwork shall be performed in accordance with the (3) City of Tustin Municipal Codes and grading requirements. FIRE DEP~.R~ (5) 5.1 Prior to the recordation for a final tract/parcel map, water improvement plans shall be submitted to and approved by the Fire Chief to ensure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Chief. (5) 5.2 Prior to the issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to'and approve by the Fire Chief. This letter and plan shall state that water for fire fighting purpose and an all weather fire access road shall be in place before any combustible materials are placed on the site. ( Submit plans with .a scale and separately from the screen check.) (5) 5.3 Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" 'indicating its location on- the street or drive per the Orange County Fire Department Standard. On private property these markers are to be maintained in good condition by the property owner. (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, all according to ordinance. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 9 (5) 5.5 Prior to the issuance of any grading permits, plans for all streets and courts, public or private, shall 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. All proposed fire apparatus turnarounds shall be clearly marked. (5) 5.6 Prior to the issuance of any grading permit, street improvement lanes with fire lanes shown shall be submitted to and approved by the Fire Chief. Indicate the locations of red curbing and signage. Provide a drawing of the proposed signage with the height, stroke and color of lettering and the contracting 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 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". (5) 5.8 Prior to the issuance of any building permits contact the Orange County Fire Department Hazardous Material Disclosure Office at (714) 744-0563 to obtain a "Hazardous Material Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. (5) 5.9 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~ materials, liquids or gases. 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. All forms of materials are to be converted to units of measure in pounds, gallons, and cubic feet. Compressed gases and cOmpressed liquified gases are to be converted to cubic feet. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 10 NOISE (1) 6.~ Prior to the issuance of any building permits a final (2) acoustical analysis report describing the acoustical (3) 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.Z Prior to issuance of any Certificates of Use or (3) Occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (1) 6.3 All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. CC&R'S (1) 7.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be Submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall b~ borne by the subdivider. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 11 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: ae 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. Be The requirement that association bylaws be estab- lished. Ce Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences and paseos. De Membership in any Homeowner's Association and Master Association shall be inseparable from ownership in individual lots. Ze Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as .patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechani6al equipment, television and radio antenna. Fe Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: (1) 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. All planted areas other than lawns shall be ~ree of weeds, dead vegetation and debris. All trees and shrubs shall be trimmed so they do not impede Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 12 pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. Ge (2) 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. Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. All plans submitted to the City shall bear the Association's stamp and authorized signature of approval. He 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 purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. I · Ail utility services serving the site shall be installed and maintained underground. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 13 Je Ke ne Me N. Oe 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 to be constructed on private property shall be maintained and replaced, if necessary by a Homeowner's Association. This shall not preclude a Homeowner's Association from assessing charges to individual property owners for structural damage to the wall or fence. 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, 6r to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the five-foot public utility easement behind the private street right-of-way. Where such facilities are located on private property within the utility easement, notification shall be given to those owners as to the locations, types and quantities of all facilities as it relates to their specific property. Maintenance of all manufactured slopes on individual lots shall be the responsibility of the individual property owners. Units maintaining driveway lengths of less than 19 feet shall prohibit the parking of vehicles. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 14 Qo The Homeowners' 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 enforce- ment 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. Prior to implementation of such a program, copies of the approved H0A program shall be forwarded to the City of Tustin Police Department and Community Development Department for review and approval. The Police Department and Community Development Department shall also be provided with any amend- ments or modifications to the program. All parking regulations shall be enforced at time of final occupancy of any phase of the project. R. Ail trash cans shall be stored in garage/units. Trash cans shall be removed from public view and placed in storage within 12 hours of trash pick-up. TENANT/HOMEBUYER NOTIFICATION (1) 8.1 Prior to issuance of Certificate of Occupancy: (2) A. A document separate from the deed, which will be an information notice to future tenants/homebuyers of aircraft noise impacting the subdivision, shall be recorded. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination to be made as architectural drawings becOme available and/or where field testing determines inadequate noise insulation. Be The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literature for the residential project with the approved aircraft/helicopter noise statement and the approved schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval sh~ll be"submitted to the Director of Community Development for approval. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 15 Ce 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. The developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district · which shall indicate: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). (2) Advice to homebuyers that proposed school sites may never be constructed. (3) Advice to the homebuyers of the presence of Mello-Roos Community Facilities Act assess- ments within the subdivision. Ee The Subdivider shall provide the City with a statement, signed by each tenant/homebuyer, containing a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. (1) 8.Z Subdivider shall notify all potential homebuyers of the (6) following assessments: A. Assessment District 86-2 Be City of Tustin 1982 Landscaping and Lighting District as amended. FEES (1) 9.1 Prior to recordation of any final map, Subdivider shall (3) pay plan check and inspection fees for all public and/or (6) private infrastructure improvements within City's responsibility excluding those financed by an Assessment District. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 16 (1) 9.2 Prior to issuance of certificates of use or occupancy, (6) the Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to any Assessment Districts applicable to the subdivision. (1) 9.3 Prior to issuance of any building permits, payment shall (3) be made of all required fees including: (6) A. Major thoroughfare and bridge fees to Tustin Public Works Department. Be Sanitary sewer connection fee to Orange County Sanitation District. Ce Grading plan checks and permit fees to the Community Development Department. De Ail applicable Building plan check and permit fees to the Com]~unity Development Department. Ee New development fees to the Community Development Department. Fe School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. Ge Required East Tustin Facility Fees as may be adjusted to reflect cost of living increases prior to issuance of any permits, including rough grading. 1) civic Center Expansion Fee 2) Irvine Boulevard Widening Fee 3) Fire Protection Facility Fee He Payment of all Assessment District No. 86-2 reapportionment fees prior to recordation of final tract map. Reapportionment of acreage assessment to individual subdivided Lot assessment. I · Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Departmen~ a cashier's check payable to the COUNTY CLERK, in the amount of twenty-five dollars ($25.00) to enable the City to file with the County Clerk the appropriate Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 17 environmental documentation pursuant to the California Environmental Quality Act. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars) if an EIR was prepared or $1,250 if a Negative Declaration was prepared. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. ~ENEI~.L (1) ~0.~ Within 24 months from tentative map approval, the Subdivider shall~file with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) ~0.Z ~rior to occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) ~0.$ Prior to final map approval. ae Be Subdivider shall submit a current title report. Provision for landscaping maintenance of landscape lots, paseos and easements adjacent to .project private streets shall be the responsibility of the adjoining property owners and/or Homeowner ' s Association of Tract 14168. Exhibit A, Conditions of Approval VTTM 14883 Resolution No. 3263 Page 18 Ce Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance. (1) 10.4 Subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development Agreement, EIR 85-2,. and applicable conditions for Final Map 12870. (1) 10.5 The cumulative number of residential units for which (2) certificate of occupancy may be issued shall not exceed (5) the cumulative total of square feet of occupied revenue 'generating uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. *** ~0.6 Prior to release of building permits, all conditions of approval of Design Review 93-043 of the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3262 and incorporated herein by reference. BCS: br/3263, reso 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3264 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 93- 005 TO AMEND SECTION 3.6.3.A2.4 OF THE EAST TUSTIN SPECIFIC PLAN TO MODIFY THE BUILDING SETBACKS FOR MULTIPLE FAMILY AND 'CONDOMINIUM DWELLINGS IN THE EAST TUSTIN SPECIFIC PLAN The Planning Commission of the City of Tustin does hereby resolve as follows: .~ Ie The Planning Commission finds and determines as follows: ae That an application has been filed by John Laing Homes, requesting approval of Zone Change 93-005 to amend Section 3.6.3.A2.4 of the East Tustin Specific Plan to modify the building setbacks for multiple family and condominium dwellings in the East Tustin Specific Plan. Be That a public hearing was duly notice, called and held on said application by the Planning Commission on May 23, 1994 Ce That an EnVironmental Impact Report (EIR 85-2 as amended and addenda) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project. De Proposed Zone Change 93-005 would be consistent with setbacks in other sections of the East Tustin Specific Plan and would allow the orderly development of multiple.family and condominium dwellings. II. The Planning Commission hereby recommends approval to the City Council of Zone Change 93-005, amending Section 3.6.3.A2.4 of the East Tustin Specific Plan to modify the building setbacks for multiple family and condominium dwellings in the East Tustin Specific Plan, subject to the conditions contained in Exhibit A and amendments as shown in Exhibit B attached hereto and incorporated herein by reference. 10 11 12 13 16 17 18 19 2O 21 22 23 24 25 26 Resolution No. 3264 Page 2 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 23rd day of May, 1994. BARBARA REYEU Recording Secretary KATHY WEIL ~ Chairperson 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. 3264 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of May, 1994. BARBARA REYES ¢' Recording Secretary GENEI~L EXHIBIT A RESOLUTION NO. 3264 CONDITIONS OF APPROVAL ZONE CHANGE 93-005 (1) 1.1 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the property, subject to review and approval by the Community Development Department. (1) 1.2 The applicant shall sign and return an Agreement to Conditions Imposed form prior to the issuance of building permits. (1) 1.3 The developer shall'hold and defend the City of Tustin harmless for all claims and liabilities out of City's approval of the entitlement process for this project. PLAN SUBMITTAL *** 2.1 Within 30 days of approval, the applicant shall submit 15 copies of the East Tustin Specific Plan with the Revised Section 3.6.3,A2.4. FEES (2) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enabling the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE (4) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY REQUIREMENT 10 11 12 13 16 17 18 19 2O 21 22 23 24 25 26 Exhibit A Resolution No. 3264 Page 2 In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. EXHIBIT B RESOLUTION NO. 3264 ZONE CHANGE 93-005 EAST TUSTIN SPECIFIC PLAN AMENDMENT Section 3.6.3.A2.4, Building Setbacks for Multiple Family and Condominium Dwellings, of the East Tustin Specific Plan shall be amended as follows: "Buildinq Setbacks" Minimum Building Setbacks: a) the minimum main building structure setback from any interior public right-of-way line shall be 10 feet. b) The minimum ~~ setback from any private street drive .................................................................................................... shaII ]~e 10 feeT~'='"-:~':~.,.,.,.,. ,~.,..,." ....-~--'-~~. ..... c) e d) The minimum horizontal distance between ~~~ shall be 10 feet. e f) Structures which abut a park, greenbelt or other permanent open space may abut the common property line. CITY COUNCIL RESOLUTIONS 1 RESOLUTION NO. 94-66 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ANDADDENDA, INCLUDING ADDENDUM NO. 4 TO EIR 85-2 FOR ZONE CHANGE 92-002) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 14883, AND ZONE CHANGE 93-005 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: ae That a Vesting Tentative Tract Map 14883, and Zone Change 93-005 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 for the East Tustin Specific Plan which serves as a Program EIR for the proposed project, and includes Addendum No. 4 to EIR 85-2. 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. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR, is therefore determined to be adequate to serve as a Program EIR for this project and satisfied all requirements of the California Environmental Quality Act. Further, the City Council finds the project involves no potential for any adverse effect, either individually or cumulatively, .on wildlife resources; and, therefore, makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmental effects thereof. The mitigation measures are identified as conditions in Exhibit A of Planning Commission No. 3262 10 11 12 13 ~4 15 16 17 18 19 20 21 22 23 24 25 26 28 Resolution No. 94-66 Page 2 approving Design Review 93-043, Exhibit A of Planning Commission Resolution No. 3263 recommending approval of Vesting Tentative Tract 14883 and Exhibit A of Planning Commission Resolution No. 3264 recommending approVal of Zone Change 94-005. PASSED AND ADOPTED by the city Council of the City of Tustin, at a regular meeting on the 6th day of June, 1994. THOMAS R. SALTARELLI Mayor Mary E. Wynn, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 94-66 ~ MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 94-66 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin city Council, held on the 6th day of June, 1994. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER:ABSENT: MARY E. WYNN city Clerk 1 RESOLUTION NO. 94-67 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING VESTING TENTATIVE TRACT MAP 14883 The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: ae That Vesting Tentative Tract Map 14883 was submitted to the City Council by John Laing Homes for consideration; S · That a public hearing was duly called, noticed and held for said map on May 23, 1994 by the Planning Commission and on June 6, 1994 by the City Council; C , That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area; D , That the proposed subdivision is in conformance with the TustinArea General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of condominium dwellings; E · The 1.8732 acres of parkland required for this development was previously dedicated with recordation of Tract 12870; F · That the City has reviewed the status of the School Facilities Agreements between the Irvine Company and~the Tustin Unified School District. The East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impact of Vesting Tentative Tract 14883 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed; That the site is physically suitable for the type of development proposed; 28 ~ 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 28 Resolution No. 94-67 Page 2 That the site is physically suitable for the proposed-density of development; I . That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; J. That the design of the subdivisiOn or the type of improvements proposed will not conflict with easement acquired by the public at large, for access through or use of the property within the proposed subdivision; and Ke That the design of the subdivision or the types of improvement proposed are not likely to cause serious public health problems. II. The City Council hereby approves Vesting Tentative Tract Map 14883, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 3263, incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 6th day of June, 1994. THOMAS R. SALTARELLI Mayor MARY E. WYNN City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I · ORD~N~CE NO. LL27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 93-005 TO AMEND SECTION 3.6.3.A2.4 OF THE EAST TUSTIN SPECIFIC PLAN TO MODIFY THE BUILDING SETBACKS FOR MULTIPLE FAMILY AND CONDOMINIUM DWELLINGS IN THE EAST TUSTIN SPECIFIC PLAN The City Council of the City of Tustin does hereby ordain as follows: The City Council finds and determines as follows: A. That an application has been filed by John Laing Homes, requesting approval of Zone Change 93-005 to amend Section 3.6.3.A2.4 of the East Tustin Specific Plan to modify the bUilding setbacks for multiple family and condominium dwellings in the East Tustin Specific Plan. Be That a public hearing was duly notice, called and held on said application by the Planning Commission on May 23, 1994, and the City Council on June 6, 1994. Ce That an Environmental Impact Report (EIR 85-2 as amended and addenda) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project. De Proposed Zone Change 93-005 would be consistent with setbacks in other sections of the East Tustin Specific Plan and would allow the orderly development of multiple family and condominium dwellings.. II. NOW, THEREFORE, the City Council of the City Council of the City of Tustin DOES HEREBY ORDAIN 'as follows'. Section 3.6.3.A2.4, Building Setbacks for Multiple Family and Condominium Dwellings, of the East Tustin Specific Plan shall be amended as follows: "Buildinq Setbacks Minimum Building Setbacks: a) the minimum main building structure setback from any interior public right-of-way line shall be 10 feet. 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 28 Ordinance No. 1127 Page 2 b) The minimum ~i~iiiiiii::i~i~i~~:~::::::::ii::::~~~ setback from any private ~'~:~'~:':':':':~:~"{'~'~'"'"'"'~{~'Ii'"'b'~ ..... ~"0 feet f~r all .-.:.::::'..:.:.:. e d) The minimum horizontal distance between ~i~ii~~~ shall be 10 feet· ~ ~)The minimum horizontal distance between a e f) Structures which abut a park, greenbelt or other permanent open space may abut the common property line." III. The City Council hereby approves Zone Change 93- 005, amending Section 3.6.3.A2.4 of the East Tustin Specific Plan to modify the building setbacks for multiple family and condominium dwellings in the East. Tustin Specific Plan, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 3264, incorporated herein by reference. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1127 Page 3 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 6th day of June, 1994. THOMAS R. SALTARELLI Mayor MARY E. WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1127 MARY E. WYNN, City Clerk and ex-officio clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1127 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 6th day-of June, 1994. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER:ABSENT: MARY E. WYNN City Clerk