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HomeMy WebLinkAbout01 T.T. MAP 14447 05-16-94NO...,~ 5-16'94 DATE: NAY 16, 1994 Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEP~%ItTMENT SUBJECT: VESTING' TENTATIVE TRACT NAP 14447 COMMUNITIES) ( IRVINE APARTMENT RECOMMENDATION It is recommended that the City Council take the following' actions: .. 1. "i' Approve the Environmental Determination for the project by ~.iadopting Resolution No. 94-56; 2.//~ApproVe ~of Vesting Tentative Tract Map 14447 by adopting ~-.-"Resolution No. 94-57, as submitted or revised. ; FISCAL IMPAc? . There are no fiscal impacts associated with' this project as this 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 18.02 gross acre site into 8 numbered, lots and 6 lettered lots to accommodate 436 condominiums which Would be leased as apartments. Prior to development, the Planning Commission must recommend- approval of the Vesting Tentative Map to the City Council and approve the DeSign Review for the project pursuant to the provisions of'the East Tustin Specific Plan (ETSP). In addition, the Planning Commission must also approve a conditional use permit to authorize the occupancy of the condominiums as apartments pursuant to Section 3.6.2.A of the ETSP. Pursuant'to City Code Section 9313, the City Council has the final approval authority for the division of land and subdivisions. On April 25, 1994, the Planning Commission apprOved the Environmental Determination for the project (Resolution No. 3248), approved Design Review 93-031 (Resolution No. 3249), approved Conditional Use Permit 93-033 (Resolution No. 3250) and recommended to the City Council approval of Vesting Tentative Tract Map 14447 (Resolution No. 3251). City Council Report VTT 14447 May 16, 1994 Page 2 Located in Sector 7 of the ETSP, the site is bounded by Robinson Drive on the south, the Tustin Ranch Golf Course on the north and west, and Tract 13835 (Venturanza del Verde) consisting of ultimately 282 condominiums to the east. The future Tustin Sports Park, currently under construction, is located across Robinson Drive to the south. Please refer to the location map included as Attachment A'~'i. Development of the subject lot was previously approved with Vesting Tentative Tract 14585 in October of 1992, when Recreaction Group of Companies (RGC) submitted a tentative tract map and design review for the construction of 214 condominiums. Final maps for TT 14585 were not filed with the City and development of the property was never initiated by RGC. 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 the Police Department. The applicant was informed of the availability of a staff report on this project. PROJECT DESCRIPTION/SITE.PL~kN The proposed project is in conformance with all applicable development standards identified in the ETSP. Submitted development plans for the project propose construction of 436 three-story condominium units which are proposed to be leased as apartments. The project results in a gross density of 24.2 dwelling units per acre. The ETSP permits a maximum of 25 dwelling unitsper acr~ within the Medium-High Density Residential category. Even though the project is proposed to be leased as apartments, the development standards of the ETSP related to condominiums have been applied consistent with the Medium-Density Residential category development standards. Access to the site is provided by a 44 foot wide private entry with a 54 foot wide right-of-way width from Robinson Drive. The private entry street is proposed to include vehicle gates and would include sufficient vehicle stacking and turn around dimension to accommodate the project, consistent with applicable City Engineering Division and Orange County Fire Department requirements. The street system within the tract proposes a main loop street with a 36 foot wide curb to curb dimension and 5 foot · sidewalks on each side of the street within a 46 foot right-of-way City Council Report VTT 14447 May 16, 1994 Page 3 and would accommodate parking on both sides of the street. A 24 foot wide emergency access is proposed to connect to Robinson Drive and would be located.to the east of Building 11. Individual units are served from 24 and 25 foot private drives which access the main loop road. All streets and facilities within the development are proposed to be private and will be maintained by the property owner, or the Homeowner's Association in the event that the project is sold as condominiums in the future. The project contains two different building types. Building Type A is a 30 unit building and Building Type B is a 23 unit building. Both building types are proposed to be three-stories and 40 feet in overall height, consistent with the ETSP. Seven different floor plans are.proposed with floor areas ranging from 700 square feet to 1,108 square feet. Floor plans include three different 1 bedroom/1 bath units totaling-146 units and four different 2 bedroom/2 bath units totaling 290 units. The parking summary includes .information related to ~parking requirements for the project.both as apartments and as condominiums as the development standards of the ETSP vary slightly between the two different uses. Parking for the project is proposed to be provided initially for apartments which would require at minimum 436 carports, 363 open assigned spaces and 109 open guest spaces. The project proposes a total of 408 garages, 30 carports, 361 open assigned spaces and 109 open guest spaces which exceeds the minimum requirements of the ETSP. At the time that the project is sold as condominiums, the open assigned spaces would need to be converted to covered spaces as two bedroom condominium units r~quire two assigned covered spaces per unit. The proposed site plan identifies the locations of the required 290 future carports. Condition No. 10.4 has been provided in Planning Commission Resolution No. 3251 to provide the required additional carports prior to the sale of the units as condominiums. Please refer to Attachment B for a complete statistical summary of the project. ENVIRONMENTAL ANALYSIS Based upon review of Vesting Tentative Tract Map 14447, as well as Envir6nmental Impact Report 85-2, it's supplements and addendum, 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 City Council make the finding that City Council Report VTT 14447 May 16, 1994 Page 4 requirements of the California Environmental Quality Act have been met and that no further environmental review is required. CONDITIONS OF APPROVAL A list of conditions of approval is included within the attached Planning Commission Resolution No. 3251. Outside of specific issues discUssed in this report, conditions of approval are standard conditions required 'by either the Specific Plan, other applicable municipal codes, the approved Development Agreement for the project area, or requirements of City Departments or'outside reviewing agencies. · 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 TustinSpecific Plan, the Subdivision Map Act, as adopted, and the California Environmental Quality Act. With the inclusi6h· of conditions of approval listed 'in planning Commission Resolution No 3251, it is recommended that the City Council approve the Environmental Determination for the project and approve Vesting Tentative Tract Map 14447. Daniel Fox? AICP Senior Planner CAS:DF :br/TT14447 Christine A. Director of Community Development/ Assistant City Manager Attachments: Attachment A - Location Map Attachment B - Statistical Summary Attachment C - Tentative Tract Map 14447 and Conceptual Plans Attachment D - Planning Commission Resolution No. 3251 Attachment E - Initial Study Resolution Nos. 94-56 and 94-57 ,© Vicinity Ma~ VICINITY MAP VESTING TENTATIVE TRACT 14447 ATTACHMENT A' ATTACHMENT B Statistical Summary Vesting Tentative Tract Map 14447, Conditional Use Permit 93-033 and DR 93-031 Requirement Proposed Gross Site Area Residential (Lots 1-8) Private Streets (Lots C) Landscape / Recreation (Lots A,B,D-F) N/A 18.02 acres N/A 14.48 acres N/A 2.56 acres N/A .96 Total Units N/A 436 units Density 25 du/ac (gross) 24.2 du/ac (gross) Lot Coverage Building Setbacks Private Street 100% (less setbacks) 10 feet minimum 30% 10 feet minimum Private Drive 5 feet 5 feet Distance Between Structures 10 feet 'minimum Height. - 40 'feet maximum 10 feet minimum 40 feet Resident Parking Apartments Total 436 carports 363 open assigned 109 open quest 908 spaces 408 garages 30 carports 361 open assigned 109 open quest 908 spaces Residential Parking Condominiums Total 726 carports 73 open assigned 109 open quest 908 spaces 408 garages 320 carports 71 open assigned 109 open guest 908 spaces Unit Floor Plans Sq. Ft. Plan Type Quantity Percentaqe Plan 1 Plan-lA Plan 2 Plan 3 Plan 4 Plan 5 Plan 6 700 772 733 969 1,018 1,031 1,108 1 br/1 ba 90 20 1 bt~1 ba 30 8 1 br/1 ba 26 6 2 br/2 ba 56 13 2 br/2 ba 84 19 2 br/2 ba 60 14 2 br/2 ba 90 20 ATTA'CHMENT B ATTACHMENT C VESTING TENTATIVE · TRACT MAP 14447. AND CONCEPTUAL PLANS' ATTACHMENT C I I I IS \ I I // I I III ' ,, , I i · o c,~ ~/c~r cou~ m · · \ .. :.:' · .. ql I"iitt 'i i i ' ! i ! 'i l"" , - it ,. 'i iii ti't ~ , ' t i ;' !,, '~ I:l,; ' ~ ,! i! ,,-, III~ ,~ 'hi!i [. ii~l'!'l !illt lilt 1' I1~' Bill i ,t --',' i ~" ,, ,:., t ..... ,,, llll:t i'-i 'II I ~;1:' ~j-' i ~t I Ii- J ~ ~ [ ,,,,It! ~,ll! ,:, , ,~'I~ ilq'l~l !i' ' ' I il l ,,' , ,I'll ,il! -[, ml,- ~o z~ o~ // 't '1 i' I l r. . · o. · ! !! I e · e · · /' i J I' J"~l~ L I 0 >. 9 .. / i : I , ! ! ' [3 ~ e e i I | I! ii i 'i :! i :l I - · I I ATTACHMENT D PLANNING RESOLUTION COMMISSION NO. 3251 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3251 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 14447. The Planning Commission of the City of Tustin does hereby resolve as follows: -~. I. The Planning Commission finds and determines as follows: a. That Vesting Tentative Tract Map No. 14447 was submitted to the Planning Commission by Irvine Apartment Communities for consideration. Be That a public hearing was duly called, noticed and held for said map on April 25,1994, by the Planning Commission. 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 wit the Tustin Area General Plan, adopted East Tustin Specific Plan, ..Development Agreement and Subdivision Map Act as it pertains to the development of condominiums, f- · E. The 2.5536 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 14447 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 He That the site is physically suitable for the type of development proposed. That the site is physicallY suitable for the proposed density of development. ATTACHMENT D 10 11 13 16 17 18 19 2O 21 22 23 24 25 26 27 Resolution 3251 Page 2 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. K. That the design of the subdivision or the types of improvement proposed are not likely to cause serious public h~alth 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 ~n 1985, and the estimated project generated traffic does not cause the roadway system to exceed established level of service standards. II. The Planning Commission hereby recommends to the City Council approval of Vesting" Tentative. Tract Map No. 14447, 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 25th day of April, 1994. Recording Secretary Chairperson 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution 3251 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. 3251 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of April, 1994. Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 14447 RESOLUTION NO. 3251 CONDITIONS OF APPROVAL (2) (3) (5) (1) (5) PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS 1.1 Prior to recordation of final map, the Subdivider shall prepare plans for and construction or post security guaranteeing constrUction of all public and/or private, infrastructure improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: B. C. D. E. F. G. H. I. J. Ke L. N. Oe Curb and gutter/cross gutters. Sidewalks including access facilities for physically handicapped person. Drive aprons/approach Street paving Street signing and paving Landscaping/irrigation facilities Sanitary sewer service facilities Domestic waster 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. 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 (5) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODE/S ' (7) (4) DESIGN REVIEW *** EXCEPTION RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 2 (].) (1) (6) (1) (1) (5) (6) 1.2 Ail construction within a public right-of-way and/or public easement must be shown on a separate 24" x 36" plan as prepared by a California Registered Engineer with all construction referenced to applicable City, County or Irvine Ranch Water District standards drawing numbers. 1.3 Ail changes in existing curbs, gutters, sidewalks and other public improvements shall be responsibility of subdivider. 1.4 Preparation of plans for and construction of: ao 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. A domestic water system must be to the standards of the Irvine Ranch Water District/City~.ofTustin.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. evaluate. .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. C. Sewer and water facilities shall be clearly indicated as publicly maintained. Maintenance access to water facilities shall be the. reSpOnsibility of the Homeowner's. Association and accommodations for such access shall be established prior to building permit issuance. 1.5 Proposed streets shall be designed to the following specifications: ae Ail proposed streets shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 3 Be Ail streets and drives shall be constructed in accordance with City requirements in terms of type and quality of material used. Ce De 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. Parking shall only be permitted on streets as approved by the .Police 'and ~Fire Department. Signage and red curbing shall be installed where appropriate. (1) ~.6 Streets, storm drain,~water and sewer improvement plans (6) ~shall comply with the "City of Tustin Minimum Design Standards for On-Site Street and Storm Drain Improvements" except as modified by the Building Official. ~. (5) ~.? A 24" x 36" signing and striping plan showing all ~ modifications along~R0binson Drive as a result on this development will be Irequired. Said plans shall be prepared by a California Licensed Traffic Engineer and/or Civil Engineer experienced in this type of' plan preparation. (5) ~.8 A traffic control plan prepared by a California Registered Traffic Engineer shall be provided prior to permit issuance. (1) ~.9 A complete hydrology study and hydraulic calculations (5) shall be submitted for review and 'approval prior to permit issuance. (5) ~.~0 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 o conventions shall be followed in preparing plans in CADD, and these guidelines are available from the Engineering Division. Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 4 An option, the applicant may submit manually prepared plans and in lieu of CADD files pay a "processing fee" to the City to have the drawings converted into CADD format. This fee will cover the City's costs to transfer the information from the above noted plans to CADD so that it can be integrated into the City's infrastructure base map. The processing, fee will be determined on a case by case basis after the plans have been submitted for review. DEDICATIONS/RESERV'ATIONS/E~SE~ENTS (1) Z.~ The subdivider shall satisfy dedication and/or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street and flood (6) control right'of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. CONSTRUCTION AcTIvITIES ~D~'ACENT TO PUBLIC RI~HT-OF-W'AY (1) 3.~ 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 ofcredit 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.Z Any damage done to existing street improvements and (6) utilities shall be repaired before acceptance-of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 3.3 Prior to any work in the public right-of-way, an .Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. (~RADIN(~/(~ENER~L (1) 4.~ Prior to issuance of grading permits: (2) (6) A. A detailed soils engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable State and local laws, regulations and requirements. Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 5 Be Preparation and submittal of a grading plan subject to approval by the Department of Community Development delineating the following information: 1. Methods of drainage in accordance with all applicable City standards. 2. All recommendations submitted by ge.technical or soils engineer and specifically approved by them. 3. Compliance with conceptual grading shown on tentative tract map. 4. A drainage plan and _-necessary support documents such as hydrology calculations to comply with the following'requirements: a. bo c. de 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 finalmap as required. Elimination'of any sheet flow and ponding across lot lines.-. ~' Provision of -drainage -facilities to protect the lots from any high velocity scouring action. Provision for tributary drainage from adjoining properties. 5. Ail flood hazard areas of record. . A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevate..ns, 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 recommendedbythe paleontologist/archeologist subject to review and approval by the Department of Public Works and Community Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 6 Development. Ail "finds" shall be reported immediately to the Department of Community Development. The paleontologist/archeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. 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. (1) 4.Z Ail earthwork shall be performed in accordance with the (3) City of Tu6tin Municipal Codes and grading requirements. FIRE DEPARTMENT (5) 5.1 PriOr t° the recordation of a final tract map, water improvement plans-shall be submitted to and approved by the .Fire Chief to ensure that 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 shall be evaluated and approved by the 'Chief. (5) $.Z Prior to the issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to and approved by the Fire Chief. This letter and plan shall state that water for fire fighting purposes and an all weather fire access road shall be in place before any combustible materials are placed on the site. ? : (5) 5.3 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating 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. Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 7 (5) 5.5 Prior to the issuance of any building permits, plans for the fire alarm system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. This-shall comply with Uniform Fire Code Section 14.104(g). (5) 5.6 Prior to the issuance of any grading permits, plans for all streets and courts, public or private, shall be submitted to and approved by the Fire Chief. The plans shall include section views, and indicate the width measured flow line to flow line. Ail Proposed fire apparatus turnarounds shall be clearly marked. Contact the Fire Department at (714) 744-6623 to set up an appointment. (5) 5.? Prior to the issuance of any grading permit, street improvement plans 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. contrasting background --~.''~.~color~ . The CC&R's shall contain a'fire'lane map and provisions which prohibit-.parking in the fire lanes, a method of enforcement'shall be included. (5) 5.S Prior to the''~issuance of' any building permits, ..-construction details foranyemergency access gate'shall be submitted to and approved bythe Fire Chief. Contact the Orange County Fire Department at (714) 744-6623 for a copy of the "Guidelines for Fire Department Emergency Access." See comment 6 above. (5) 5.9 Prior to the issuance of any building permits, contact the Orange County Fire Department Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business. Information and Chemical Inventory Packet" for swimming pool chemicals. This shall be completed and submitted to the Fire Chief before the iss6ance of any building permits. (5) 5.10 Prior to the issuance of any. grading permits, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible __ materials, liquids or gases for the swimming pool chemicals. These liquids and materials are to be classified according to the "Orange County Fire Department Chemical Classification Handout". Provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 8 (5) pounds, gallons and cubic feet. Compressed gases and compressed liquified gases are to be converted to cubic feet. Prior to the recordation of the final tract map, two approved means of access shall be provided. (1) (2) (3) (3) .NOISE Prior to the issuance of any building permits: A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department forapproval 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. All residential lots~ and dwellings shall be sound attenuated against present and projected noises, which shall be the s~m 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. Prior to issuance of any Certificates of Use or 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. Ail construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday 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. Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 9 CC&R'S (1) 7.~ Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be Submitted to and approved by the Community Development .Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after 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 C0 The requirement that association bylaws be established. 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. D. Membership in any Homeowner ' s Association shall be inseparable from ownership in individual condominium units. Ee Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory st~actures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. F~ Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are 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 Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 10 cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. All planted areas other than lawns shall be free of weeds, ~dead vegetation and debris. All-.trees and shrubs shall be trimmed so they do not impede pedestrian traffic°along the walkways. Trees shall be pruned so they do not intrude into neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also beroot 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 bythe 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. Ail plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. Ail 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 Vesting Tentative Tract Map 14447 Conditions of Approval Page 11 Se 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. Ko Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. M. Perimeter project block~alls 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 commoR areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate ~r change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter ~11, shall be effective without the prior written approval of the City of Tustin Community Development Department. N. O~ Maintenance of all manufactured slopes on individual lots shall be the responsibility of the individual property owners. · he 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 enforcement program related to enforcement of parking and traffic regulations-within the private development. Said program may include provisions for levying fines, collecting fines and enforcement/monitoring by private security companies/persons. Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 12 To ensure the proper use of parking spaces within the subdivision, CC&R's shall include the following acknowledgements and restrictions, which shall also be signed as a separate notification and acknowledgement, by each new homeowner in the subdivision: Project has .25 guest spaces per unit; individual owners shall have no right to use guest spaces for any vehicle. · Individual owners shall park vehicles in garage space and/or carport provided vehicles do not overhang the public or private right- of-way or sidewalk easements. · Individual: owner understands that the subdivision has strict parking regulations that will. be enforced by the homeowner's association. · Should an individual owner own more than two vehicles, additional vehicles shall be kept outSide 'of'the' subdivision boundaries. Prior to implementation of such a program, copies of the approved HOA program shall be forwarded to the City of Tustin Police Department and Community Development Department for review and approval. The Police Department and Community Development Department shall also be provided with any amendments or modifications to the program. Ail parking regulations shall be enforced at time of final occupancy of any phase of the project. TEN~I~/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. Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 13 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 shall be submitted to the Director of Community Development for approval. 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. .D. The developer shall provide the City with a schools notification statement which shall be reviewed and approved bY the Director of Community Development and participation by the governing school district which shall indiCate:. (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). - (2) Advice to homebuyers that proposed school sites may never be constructed. E. The Subdivider shall provide the City with a statement, signed by each tenant/homebuyer, containing a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development, including the Tustin Sports Park which includes sports field lighting located across Robinson Drive. (1) 8.Z Subdivider shall notify all potential homebuyers of the (6) following potential liens/assessments against the ~ subdivided properties: A. Assessment District 86-2 Be City of Tustin 1982 Landscaping and Lighting District as amended. Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 14 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. (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. ' ~. B. Sanitary sewer connection fee to Orange County Sanitation District~i..' '" C. Grading planl.checks and permit fees to the Community Development Department. D. All applicable Building plan check and permit fees to the Community Development Department. Ee New development, fees to the Community Development Department. Fo 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 building permits: 1) civic Center Expansion Fee 2) Irvine Boulevard Widening Fee 3) Fire Protection Facility Fee He Payment of all applicable Assessment District 86-2 reapportionment costs as required by the City Engineer. Reapportionment of acreage assessments to individual subdivided lot assessment. Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval .Page 15 I e Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) pursuant to-AB 3185, Chapter 1706, Statutes of 1990, enable the City to file the Notice of Determination required under Public Resources code Section 21151 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period that the applicant has.not delivered to the Community Development Department the above- noted check, the. approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall-deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY .CLERK in the~.amount of $850 (eight hundred fifty dollars) pursuant to AB 3158,~Chapter 1706, Statutes of..1990. If this fee is imposed, the subject project, shall not be operative, vested or final unless and until the fee is paid. (~ENERAL ' (1) LO.L 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 Prior to occupancy of units as condominiums, the Subdivider shall record a final map in .conformance with appropriate tentative map. (1) ~0.3 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 14447. Exhibit A Vesting Tentative Tract Map 14447 Conditions of Approval Page 16 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. De Street names shall be approved by the City of Tustin Street Naming Committee. (1) ~0.4 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) ~0.5 The cumulative number of residential units for which (2) certificate of occupancy maybe 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. *** ~,6 Prior'to release of building permits, all conditions Of approval of Design Re¥iew~93-031 'of the subject project shall be complied with as sho~n on Exhibit A attached to Resolution No. 3249 and incorporated herein by reference. ATTACHMENT E INITIAL STUDY Ie II. Background 1. Community Development Department ENVIRONMENTAL INITIAL STUDY FOP~u 2o o 4o A_~dd__r_es~.and Phon.e ,Number '~of~Proponent 5o Enviro-mental Impacts Earth. Will the proposal result in: ao bo Unstable earth _conditions o'r in changes in geolog~c'-subStructures? Disruptions,.~ displac .ements, compaction or overcovering of the soil? Change in topography or ground surface relief features? d: The destruction, covering or modification of any unique geologic or physical features? fa Any increase in wind or water erosion of soils, either on or off the site? Changes in deposition or erosion of beach sands, or c~hanges in siltation, deposition or erosion which may modify.' the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? ~es Maybe ~o ATTACHMENT E Yes Maybe No · · ge Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? . . Will the proposal result in: a· Substantial air emission or deterioration of ambient air quality? b. The creationof objectionable odors? Co Alteration of air movement,.moisture, or temperatures, or any change in climate, either locally or regionally? Water· a· b· Will' the proposal result in: Changes in currents, or the course of direction of water movements, in either marine or fresh water? Changes in absorption rates, drainage patterns, or'the rate and amount of surface-runoff? Co Alterations'~to the-course or flow of flood waters? de Change in the amount of surface water in any water body? e· fe Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? ..~ . Alteration of the direction or rate of flow of ground waters? g· Change in' the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? o So o 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 N_9O ao Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? bo Reduction of the numbers of any unique, rare or endangered species of plants? Co Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. 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)? bo Reduction of the numbers of any unique, rare or endangered species of animals? Co Introduction of new species of animals into an area, or result in a barrier to the migration or movement of anima~ ~ do Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? be Exposure of people to severe noise levels? e · .. Yes Maybe No" 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: ae Increase in the rate of use of any natural resources? Substantial depletion of any nonrenewable ~atural ~esource? 10. 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? 11. b. Possible interference.withan emergency responseplan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? 13. Transportation/circulation. Will the proposal result in: a~ be Generation of substantial additional vehicular movement? Effects on existing parking facilities, or demand for new parking? Substantial impact upon existing transportation systems? 14. 15. 16. Yes Haybe ~o de Alterations to present patterns of circulation or movemen~ of people and/or goods? ee 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 ce d. Fire protection? Police protection? Schools? ' Parks or other recreational facilities? e. Maintenance of public facilities, including roads? ~ f. Other governmental services? Energy. Will the proposal result in: ae Use of substantial amounts of fuel or energy? b~ 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 17. e. Storm water drainage? f. Solid waste and disposal? 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 topublic view? Reoreaticn. 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? Ce Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d~ Will the proposal restrict existing religious or sacred use-s within the potential impact area? Yes Maybe No 22. Mandatory Findings of Significance. ae be 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? 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 pro~ect 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 P~tRT III - DISCUSSION OF ENVIRONMENTAL EVALUATION EXHIBIT A TIERED INITIAL STUDY RESPONSES VESTING TENTATIVE TRACT 14447, DESIGN REVIEW 93-031, CONDITIONAL USE PERMIT 93-033 LOT 18, TRACT 12870 438 APARTMENT/CONDOMINIUM DWELLINGS BACKGROUND The proposed project is an application by Irvine Apartment Communities to subdivide a 18.02 acre lot into 8 numbered lots and 7 lettered lots for the construction of 438 multiple family apartments/condominium dwellings. The improvement of this property is governed by the regulations adopted by the East Tustin Specific Plan (ETSP) and the City's Grading Ordinance. Tract 12870, the sector level map, designates the project site as residential with underlying .~Medium-High Density Residential designation. The maximum allowable density for the Medium-High Density Residential land use designation is 25 dwelling units per acre. Located in Sector 7 of- the ETSP the subject site is bounded by Tract 13835 (282 condominiums) to the east,'the Tustin Ranch Golf Course on the north and west,~' and the Future Tustin Sports Park across Robinson Drive to the south. 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 for the East Tustin Specific Plan (ETSP), In conformance with 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 Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 2 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. EAR?H Items B, and C -. "Yes": The project site is within the Specific Plan area, is a 18.02 acre site and is primarily flat. 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 against the project's unavoidable effe6t. A Statement of Overriding Consideration was prepared to address necessary compromises for the overall benefit of the Specific Plan area and region. The project has been reviewed and will not worsen previously identified impacts on site and topography in the Program EIR. Applicable conditions of approval will be required to ensure that all grading activities that would occur to accommodate the 438 apartment/condominium dwelling development incorporate mitigation measures identified in the certified EIR 85-2, its supplements and addendum. Items A,D,E,F, and G - "No": The proposed 438 apartment/condominium dwelling site 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 Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 3 e 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 438 apartment/condominium dwelling development incorporates mitigation measures identified in the certified EIR 85-2, it's supplements and addendum. Sources: FieldVerification Submitted Plans Tustin City Code Certified EIR 85-2 East Tustin Specific Plan Mitigation/Monitorinq Required: A detailed soils engineering report 'and grading plans for the site are 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. AIR Item A - "Yes": The subject Site is within the project area for which the certified EIR 85-2, it's supplement~ 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 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, and the encouraging of ridesharing will be incorporated as mitigation measures. 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 Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 4 · 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, the encouraging of ridesharing, and the inclusion of sidewalks and pedestrian paseos connecting the project to other tracts 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~ Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitiqation/Monitorinq Required: Construction activity dust generation shall be reduced., through · regular 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. 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. 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 Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 5 · either the submitted plans or will be included in the conditions of approval, where applicable. Items A, D, E, G, H and I - "No": The proposed 438 apartment/condominium dwelling 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 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 Mitiqation/Monitoring Required: 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. 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 Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 6 Se 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 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/Monitorinq ReqUired: 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, brisbane box, hawthorne, bougainvillea, and pittosporum. These mitigation measures'have been incorporated into the project as' submitted, or will be incorporated as conditions of approval.' ANIMAL LIFE Items A throuqh 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 Mitiqation/Monitoring Required: Those measures identified in certified EIR 85-2, it's supplements and addendum, including providing open space in the site plan, revegetation of the Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 7 e 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 plant materials, such as the eucalyptus, brisbane box, hawthorne, bougainvillea, and pittosporum have been incorporated into the project as submitted or would be incorporated as conditions of approval. NOISE 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. 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 conditi'ons of approval. 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 Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitiqation/Monitorinq Required: Mitigation measures identified by the program EIR include measures to identify exterior noise levels identified with the project in an Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 8 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. ; LI~HT AND GLARE "Yes": The proposed 438 Apartment/condominium dwelling development would create additional light at the presently undeveloped site. Lighting from pedestrian and street lights, decorative wall lights andoutdoor private area lights will have a significant i~pact. The project site is within .the Specific Plan area in which the program EIR addresses the impact of development and the resultant negative effect§ 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. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum ~ East Tustin Specific Plan Mitiqation/Monitoring Required: 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. Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 9 8. 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 site .was anticipated to be designated as Medium-High Density residential by the land use plan. The impacts to the site by a Medium-High Density development' allowing up to 25 dwelling units per acre was considered by certified EIR 85-2, it's supplements and amendments' However, the proposed project would only have a density of 24.3 dwelling units per acre and would, therefore,~have~less impact on the site then the project anticipated by the Program EIR. 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 of~ Overriding Considerations 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 conditions of approval which avoid or substantially lessen the significant environmental effect as identified in the program EIR. The project will not worsen impacts previously identified in the Program EIR. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tus~in Specific Plan Mitiqation/Monitorinq Required: 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 438 apartment/condominium dwelling development complies with mitigation measures specified in the certified EIR 85-2, it's supplements and addendum. NATURAL RESOURCES Items A and B - "No": The project site is within the East Tustin Specific Plan area and was anticipated t© be designated as Medium-High Density residential by the land use plan, Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 10 allowing up to 25 dwelling units per acre. The impacts to the site by a Medium-High Density development was considered by certified EIR 85-2 its supplements and amendments. However, the proposed project would only have a density of 24.3 dwelling units per acre and would, therefore, have less impact on the site then the project anticipated by the Program EIR. 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 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. Sources: Field Verification " Submitted Plans Tustin City Code· ~, Certified EIR 85-2, it's supplements and addendum East Tustin~Specific Plan · Mitiqation/Monitorinq Required: Mitigation measures identified by the program EIR include measures to provide open areas in the site plan where feasible and to provide vegetation that includes drought tolerant materials such as eucalyptus, brisbane box, hawthorne, bougainvillea, pittosporum 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. 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, i~'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 Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 11 Mitigation/Monitoring Required: None Required. 11. POPULATION 12. "Yes": The proposed project would provide 438 apartment/condominiumdwellingunits on the site. The Medium- High Density designation would permit up to 450 units pursuant to the ETSP, which allows a-maximum of 25 dwelling units per acre on the subject site. The proposed project would have 24.3 dwelling units per acre. As a result, the project will not worsen impacts previously identified 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. 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 population into either the submitted plans or would be included in the conditibns 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 Mitigation/Monitoring Required: 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 438 apartment/condominium dwelling development complies with mitigation measures specified in the certified EIR 85-2, it's supplements and addendum. HOUSING "Yes": The proposed project would provide 438 apartment/condominium dwellings or approximately 24.3 dwelling units per acre. The Medium-High Density designation permits up to 25 dwelling units per acre. Therefore, the project will not worsen impacts previously identified in the Program EIR. Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 12 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 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. Sources: Field Verification Submitted Plans Tustin City Code. Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitiqati°n/Monitorinq~Required: Adherence to and compliance with the guidelines and provisions of the ETSP, which aadress building height, building setbacks, parking requirements, and other site development standards, would ensure that the development of the proposed 438 apartment/condominium dwelling development complies with mitigation measures specified in the certified EIR 85-2, it's supplements and addendum. 13. TRANSPORTATION/CIRCULATION Item A - "Yes": The subject 438 apartment/condominium dwelling development would be accessed by a 44 foot wide private entry street off of Robinson Drive, an existing improved street with 66 feet of right-of-way width. Vehicular gates at the project entrance are proposed and are designed consistent with turn around, stacking and emergency access requirements. On-site circulation will consist of a 36 foOt wide private drive with several 24 and 25 foot private drives accessing the Private Street. Trip generation for the subject project is determined by multiplying the trip rate for multi-family residential dwelling units which is 7 Average Daily Trips (ADT) per unit by the number of units. The total trip generation for the project would be 3066 ADT. Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 13 Robinson Drive, Irvine Boulevard and Jamboree 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, Robinson 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; Irvine Boulevard and Jamboree Road in this area. Robinson Drive currently operates at LOS A. Irvine Boulevard and Jamboree Road are identified as major arterials in the City's General Plan, and are constructed to ultimate major arterial status in the location of this project. According to the General Plan, Irvine Boulevard and Jamboree Roadboth have a maximum capacity of 56,300 ADT at LOS E. Currently, traffic volume on Irvine Boulevard in the area of the project is 36,000 ADT, which represents a LOS B. Traffic volume on Jamboree Road in the area of the project is 16,000 ADT, which represents a LOS A. The program EIR identifies that ETSP will generate increased traffic in the vicinity.-- The iCity 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 notworsen 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. 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 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 Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 14 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: 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. 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 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, however, worsen impacts previously identified in the Program EIR as the impacts identified by the Program EIR anticipated that the site would Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 15 be designated as Medium-High Density by the land use plan, allowing up to 25 dwelling units per acre, resulting in a maximum of 450 units. The proposed project would provide 438 apartment/condomini%~mresidences with a density of 24.3 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 implementation. This proposal has incorporated those measures related to p~blic services into either the submitted plans or will be included in the conditions of approval, where applicable, for the~subject project. Sources: Field Verification Submitted Plans ' Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitorinq Required: 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 dedicatiom for this project have been incorporated into the project. These measures identified 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. .- 15. ENERGY Items A and B - "Yesm: 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 Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 16 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 25 dwelling units per acre, resulting in a maximum of 450 units. The proposed project would provide 438 apartment/condominium.residences with a density of 24.3 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. · Sources: Field Verification Submitted Plans Tustin city~ Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitiqation/Monitorinq Required: 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 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. 16. UTILITIES Items A throuqh 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 Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 17 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-High Density by the land use plan, allowing up to 25 dwelling units per acre,~resulting ina maximum of 450 units. The proposed project would provide 438 apartment/condominium residences with a density of~ 24.3 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.· Sources:. Field Verification · Submitted Plans Tustin City Code' Certified EIR 85-2, it's supplements and addendum East Tustin~specific Plan Mitigation/Monitorinq Required: 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. 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. 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 human health into Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 18 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. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitigation/Monitoring Required: 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 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. " 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 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 Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 19 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. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Great Western Reclamation Inc. Mitigation/Monitoring Required: 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 Ei~ 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. 19. AESTHETICS "No": The proposed 438 apartment/condominium dwelling development would consist of 3 story residences with red S- tile roofs, stucco siding in light beige tones with details such a boxed soffits, shutters and pot shelves. Design Review of the project has been completed by the Ccmmunity Development Department, and has been recommended for approval. 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. Consequently, mitigation measures were identified through design review in co~junction with EIR 85-2, it's supplements and addendum and recommended for implementation. ?his proposal has 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. Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page 20 20. 21. Sources: Field Verification~ Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitiqation/Monitorinq Required: 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. 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 r'esultant'negative effects to recreation. Parkland dedication of 2.5536 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. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan Mitiqation/Monitorinq Required: None Required. 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. Exhibit A - Initial Study TT 14447, DR 93-031 and CUP 93-033 April 14, 1994 Page21 22. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, it's supplements and addendum East Tustin Specific Plan. ~itiqation/Monitoring Required: None Requried. M~NDATORY FINDINGS OF SI~NIFIC~NC~ 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/Monitoring'Required-: As-previously stated. # PART IV - DETERMINATION EXHIBIT B INITIAL STUDY RESPONSES FOR LOT 18 OF TRACT 12870 VESTING TENTATIVE TRACT MAP 14447 DESIGN REVIEW 93-031 AND CONDITIONAL USE PERMIT 93-033 On the basis of this initial evaluation: I find that the proposed project HAS 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 ade~aate 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 document~is/q~equ_ ired.. DF:br:TTl~4?.er~ 1 RESOLUTION NO. 94-56 10 11 12 13 15 16 17 18 19 2O 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 AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 14447 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 Vesting Tentative Tract Map 14447 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. 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 94-56 Page 2 Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmental effects thereof. The mitigation measures are identified as Conditions on Exhibit A of Planning Commission Resolution 'No. 3251 recommending to the City Council approval of Vesting Tentative Tract 14447 and Exhibit A of Planning Commission Resolution No. 3249 approving Design Review 93-031 and Resolution No. 3250 approving Conditional Use Permit 93-033 respectively. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 16th day of May, 1994. ~OMAS R. SALTARELLI Mayor MARY E. WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 94-56 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. 94-56 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin city Council, held on the 16th day of May, 1994. COUNCILMEMBER AYES: COUNCILMEMBER NOES: .~ COUNCILMEMBER ABSTAINED: COUNCILMEMBER:ABSENT: MARY E. WYNN City Clerk _ 1 RESOLUTION NO. 94-57 10 11 12 13 15 16 17 18 19 20 21 22 23 2-4 25 26 _ 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 14447. 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 No. 14447 was submitted to the City Council by Irvine Apartment Communities for consideration. Bo That a public hearing was duly called, noticed and held for said map on April 25, 1994 by the Planning Commission and on May 16, 1994 by the City Council. 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 proposedsubdivision is in conformance wit the Tustin .Area General Plan, adopted East Tustin Specific Plan, Development Agreement and SubdiviSion Map- Act as it pertains to the development of condominiums. Ee The 2.5536 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 14447 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. Go That 'the site is physically suitable for the type of development proposed. He 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. 94-57 Page 2 Ie Je K. 0 That the design of the subdivision or the proposed improvements are not likely to cause subStantial environmental damage or substantiallY and avoidably injure fish or wildlife in their habitat. That the design of the Subdivision or the type Of improvements proposed wi 11 not conf 1 ict with easement acquired by the public at large, for access through or 'use of the property within the proposed subdivision. That the design of the subdivision or the types of improvement proposed are not likely to cause serious public health problems. The project has been determined to be exempt from the provisions of Measure "M" 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 level of service standards. II. The City Council hereby approves Vesting Tentative Tract Map No. 14447, subject to the conditions contained in Planning Commission 'Resolution No. 3251 incorporated herein b~ reference. ~,. PASSED AND ADOPTED at a regular meeting of the Tustin city Council, held on the 16th day of May, 1994. THOMAS R. SALTARELLI Mayor . MARY E. WYNN City Clerk