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HomeMy WebLinkAboutPH 3 T.T. MAP 13733 01-03-94PUBI, 1C ItI:2AI~ N{; N(). 2~ 1-3-94 TO: WILLIAM A. HUSTON, CITY'MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJEC~ AMENDMENT TO VESTING TENTATIVE TRACT MAP 13733 (CALIFORNIA PACIFIC HOMES) RECOMMENDATION It is recommended that the City Council take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 94-03; and 2. Approve Amendment to. Vesting Tentative Tract Map 13733 by adopting Resolution No. 94-04, as submitted or revised ..... BACKGROUND On August 23, 1993, the Planning Commission adopted Resolution No. 3185 recommending to the City Council approval of Vesting Tentative Tract Map 13733 for 138 detached condominiums on. the property located at the northwest corner of Irvine Boulevard and Robinson Drive (Attachment A). The City Council subsequently adopted Resolution No. 93-96 approving TT 13733 on September 7, 1993. After discussions with the City's Engineering Division and the Orange County Fire. Department, the applicant is requesting that Condition 5.7 of Planning Commission Resolution No. 3185 be deleted related to the requirement to provide traffic signal pre-emption equipment for emergency vehicle response at the intersection of Irvine Boulevard and Robinson Drive. On December 13, 1993, the Planning Commission adopted Resolution No. 3218 recommending to the City Council that Condition No. 5.7 be eliminated (Attachment B). Located in Sector 7 of the East Tustin Specific Plan (ETSP), the site is bordered by the Tustin Ranch golf course to the north and east; Robinson Drive is immediately to the south with Tract 13746 consisting of medium-high density, multiple family, attached units; Lot 15 of Tract 12870 - a future elementary school site; and Lot 17 of Tract 12870, the future Community Park across Robinson Drive. Bordering on the west of the site is Irvine Boulevard with Lot 8 of Tract 12763, a potential high school site to the south across Irvine Boulevard. A public hearing notice identifying the time, date and location of City Council Report Amendment to TT 13733 January 3, 1994 Page 2 the public hearing on this project was published in the Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site, at City Hall and at the Tustin Police Department. The applicant was informed of the availability of a staff report on this project. DISCUSSION Condition No. 5.7 which was recommended for inclusion with the tentative tract map approvals by the Orange County Fire Department required traffic signal pre-emption systems at the intersection of Irvine Boulevard and Robinson Drive. A pre-emption system is a system which enables an authorized vehicle to select and activate signalized intersections for momentary right-of-way. This is accomplished ~thr0ugh either optical, electrical or radio transmitted signals activated from the authorized vehicle t© the equipped signal. Once the authorized vehicle crosses the intersection, the intersection returns to its routine sequencing. Currently, the City of Tustin Public Works Department and City Council have taken the position that emergency vehicle traffic signal pre-emption is not essential for the safety and welfare of the City. There are concerns with the impacts of a traffic signal pre-emption system on a sophisticated, coordinated traffic signal system such as the system currently in place in the City of Tustin~ Also, there could be liability issues that the City would be concerned with if a traffic signal pre-emption system was implemented citywide. The City Manager's office, in a letter (Attachment C) prepared to the Orange County Transportation Authority, has requested further analysis of the need for traffic signal pre-emption prior to a commitment by the City to implement emergency vehicle traffic sign pre-emption citywide. The Director of Public Works/~ity Engineer has also communicated this concern to the Orange County Fire Department (Attachment D). In response to these discussions, the Orange County Fire Department has agreed to eliminate the requirement for the pre-emption device at this intersection. The Fire Department is considered a responsible agency in the review of subdivision proposals and has the ability to recommend conditions and design solutions. The Fire Department's condition for pre-emption equipment is not considered a Fire Code requirement; therefore, the Planning Commission and City Council have full discretion on this matter. Cit'=' Council Report A~en~ment to TT 13733 January 3, 1994 Page 3 ENVIRONMENTAL ANALYSIS . . . . An Initial Study was prepared for the project which was considered by the Planning Commission when the project was originally approved in August of 1993. A copy of the Initial Study can be made available upon request. Based upon review of Vesting Tentative Tract Map 13733, Design Review 93-013, Conditional Use Permit 93- 014 and Variance 93-005, as well as Environmental Impact Report 85- 2 (as supplemented) it has been determined that the environmental issues relating to this project have previously been addressed. 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 Commission make the finding that requirements of the California Environmental Quality Act have been met and that no further environmental review is · required. CONCLUSION Based upon the above analysis, it is recommended that the City Council approve Amendment to Tentative Tract 13733 by adopted Resolution No. 94-04, as submitted or revised. Senior Planner CAS:DF :~or/t t 13733. amd Christine n Assistant City ~anager Attachments: Attachment A - PC Reso No. 3185 Attachment B - PC Reso No. 3218 Attachment C - Orange County Transportation Authority correspondence Attachment D - Orange County Fire Department correspondence Resolution Nos. 94-03 and 94-04 ] 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 ,16 17 18 19 20 21 22 23i 2,t 25 26 27 28 RESOLUTION NO. 3185 FILE COPY A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP 13733. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae Be That Vesting Tentative Tract Map 13733 was . submitted to the Planning Commission by California! Pacific Homes for consideration; and That a public hearing was duly called, noticed and held for said map on August 23,, 1993, by thei Planning-Commission. Ce That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area. De That the proposed subdivision is in conformance with the Tustin. Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single family detached dwellings (patio homes). Ee The 1.1592 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 13733 on School District facilities~ and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed. Ge That the site is physically suitable for the type of development proposed. H. That the site is physically suitable for the proposed density of development. I. That the design of the subdivision or the proposed ATTACHMENT A 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 ! 17 18 19 20 21 23 24- 25 26 27 28 Resolution No. 3185 Page 2 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 l~kely to cause serious public health problems. II. The Planning Commission hereby recommends to the City Council approval of vesting Tentative Tract Map No. 13733, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the planning Commission of 'the City of Tustin, at a regular meeting on the 23rd day of August, 1993. Chairperson KATHLEEN CLANCY ~7 . Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3185 was duly - passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of August, 1993. KATHLEEN CLANCY ~ Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 13733 RESOLUTION NO. 3185 CONDITIONS OF APPROVAL (1) (2) (3) (5) (5) PUBLIC,PRIVATE INFRASTRUCTURE IMPROVEMEntS 1.1 Prior to recordation of final map, the Sublivider 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 Ciuy standards, including but not limited to the following: ao Ce D. E. F. G. H. I. J. Ke ne Ne Oe Curb and gutter/cross gutters. Sidewalks including access factlities 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 pasco 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 The amount of acceptable security for conduction of public improvements shall be reviewed and approved by the Public Works Department. The a~unt 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 - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 2 (1) 1.Z 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) 1.3 Ail changes in existing curbs, gutters, sidewalks and (6) other public improvements shall be responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: ae Ail sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. Bo A domestic water system must be to the standards of the Irvine Ranch Water District/City of Tustin Water service, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will beevaluate. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall be to the standards as required by the Irvine Ranch Water District. Ce Sewer and water facilities shall be clearly indicated as publicly maintained. Maintenance access to water facilities shall be the responsibility of the Homeowner's Association and accommodations for such access shall be established prior to building permit issuance. (i) 1.5 Proposed streets shall be designed to the following (5) specifications: (6) A. All proposed streets shall be designed in substantially the same width-and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 3 Be Ail streets and drives shall be.-constructed in accordance with City requirements in terms of type and quality of material used. Co Sidewalk areas shall flare around the placement of all above ground facilities, such as signing, street lights and fire hydrants unless located outside of sidewalk widths within public utility easement areas. De 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) %.7 A traffic control plan prepared by a California Registered Traffic Engineer shall be provided prior to permit issuance. (1) %.8 A complete hydrology s~udy and hydraulic calculations (5) shall be submitted for review and approval prior to - permit issuance. (1) %.9 A traffic signing and striping plan as prepared by a California Registered Traffic Engineer shall be required. The plan shall include "A" Street to Robinson Drive Road along with any required modifications to the signing and striping in Robinson Drive.- (5) %.%0 In addition to the normal full size plan submittal process, all fin~l development plans including bu~ 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 conventicns shall be followed in preparing plans in CADD, Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 4 and these guidelines are available from-the Engineering Division. 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 bedetermined on a case by case basis after the plans have been Submitted for review. DEDiCATIONS~RES~RVATIONS/EASEMENT~ (1) 2.1 The subdivider shall satisfy, dedication and/or (2). reservation requirements as applicable, including, but not (5) limited to dedication of all required street and flood (6) control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the final map, subdivider shall- (2) post with the Community Development Department a minimum (6) $2,500 cash deposit or letter of credit to guarantee the Sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City appearance of public streets, an additional incremental deposit will be required. (1) 3.2 Any damage done to existing street improvements and (6) utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the suk~ivision. (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. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 5 GRAD'rNG/~ENERZ~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. Be Preparation and submittal of a grading plan subject to approva 1 by the Department of Community Development delineating the following information: le Methods of drainage in accordance with all applicable City standards. · Ail recommendations submitted by geotechnical or soils engineer and specifically approved by them. · Compliance with conceptual grading shown on tentative tract map. · A drainage plan and necessary support documents such as hydrology calculations-to comply with the following requirements: -a. be Ce 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 exFected frem all storms up to and including the theor~ticai 100 year storm and dedication of any necessary easements on the final map 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 ~roper~ies. 5. All flood hazar= areas of record. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 6 . A note shall be placed on -the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of' elevations, slope gradients, etc. and may require certification of'any grading related matter. 7. Note on plans that a qualified paleontologist/ archeologist, as appropriate, shall bepresent during rough grading operations. If resources are found, work shall stop in the affected ~- area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archeologist subject to review and approval by the Department of Public Works and Community Development. All "finds" shall 'be reported immediately to the Department of Community Development. The paleontologist/archeologist shall attend the'pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. .v 8. Preparation of a sedimentation and erosion control plan for all60nstruction work related to the subject tract including a method of control to prevent: dust and windblown earth problems. (1) 4.Z All earthwork shall be performed in accordance with the (3) City of Tustin Municipal Codes and grading requirements. FIRE DEPARTMENT (5) 5.1 Prior to the recordation of a final tract map, water improvement plans shall be submitted to and approved by the Fire chief for-adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated and approved by the Chief. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 7 (5) 5.2 Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet requirements and fire- flow prior to commencing construction with combustible materials. (5) 5.3 Prior to the issuance of any building permits, a construction phasing plan shall be submitted to and approved by the Fire Chief. The purpose of this review is to evaluate the adequacy of emergency vehicle access for the number of dwelling units served. (1) 5.4 Prior to the recordation of a final tract map, (4) fire protection access easement shall be approved by the. (5) Fire Chief and dedicated to the County of Orange. The CC&R's shall contain provisions which prohibit obstructions within the fire protection access easement and also required Fire Chief approval for any ' modifications such as speed bumps, control gates, or changes in parking plan within said easement. (5) 5.5 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 Orange County Fire .Department standards. On private property these markers are to be maintained in good condition by the property owner. (5) 5.6 Prior to recordation of the final tract map, a note shall be placed on the map indicating proposed fire lanes which shall be approve by the Fire Chief. A plan shall be approved by the fire department indicating the curbs to be painted red and the type of signage to be utilized. The CC&R's shall contain provision which prohibit parking in the fire lanes and provide a method of enforcement by the Home Owners Association. (5) 5.7 Prior to the recordation of the applicable final tract/parcel map as determined by the Fire Chief, the subdivider shall enter into an agreement with the city of Tustin for the installation o'f traffic signal preemption equipment for the following location(s): Irvine Blvd. & Robinson Drive. Said agreement shall be accompanied by financial security. After one (1) year from the date of Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 8 the agreement, the. Fire chief shall determine whetherthe traffic signal preemption is to be installed per the agreement or the financial security released. 'Language to this effect shall be included in the agreement. This requirement may' not be waived or modified and the approximate cost is ten thousand dollars. NOISE (1) 6.1 Prior to the issuance of any building permits: (2) (3) A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory eVidence which indicates that the sound attenuat.ion measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. Ail residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard. 65 dBa CNEL in outdoor areas and an interior standard of 45 dba CNEL in. all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. (1) 6.2 Prior to issuance of 'any Certificates of Use or (3) Occupancy, field testing in accordance with the Title 25 regulations may be required by the Building official to verify compliance with STC and IIC design standards. (1) 6.3 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 - Conditions of Approval Resolution No. 31~5 Vesting Tentative Tract 13733 Page 9 (1) 7.1 Prior to approval of the final map, all organizational (3) documents for the project, including any deed restrictions, covenants, conditions, and restrictions shall be Submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall 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 The requirement that association bylaws established. be Ce Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences and paSeos. De Membership in any Homeowner's Association or Master Association shall be inseparable from ownership in individual lots. Ee Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. Fe Maintenance standards shall be provided for applicable items listed in Section C abcYe in CC&R's. Examples of maintenance standards are shc~n below: Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 10 Ail common area landscaping-and private lawn areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. All planted areas other than lawns shall be 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. Ail trees shall also be roOt pruned to eliminate exposed surface roots and damage to sidewalks~ driveways and structures. ~ Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly-authorized official of the city that a public nuisance has been created 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. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. All plans submitted to the City shall bear the Association's stamp and authorized signature of approval. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 11 He Je Ko ne 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. Ail utility services serving the site shall be installed and maintained underground. The Association shall be required to file the names, addresses, and telephone numbers of at least one member ~of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. · Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary by a Homeowner's Association. This shall not preclude a Homeowner's Association from assessing charges to individual property owners for structural damage to the wall or fence. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has mn interest, as noted above, or to alter: modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. Exhikit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 12 Ne Oe P~ Qe Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the five-foot public utility easement behind the private street right'of-way. Where such facilities are located on private property within the utility easement, notification shall be given to those owners as to the locations, types and quantities of all facilities as it relates to their specific property. Maintenance of all manufactured slopes on individual lots shall be the responsibility of the individual property owners. Units maintaining driveway lengths of less than eighteen (18) feet or less shall prohibit the parking of vehicles.. Units maintaining driveway lengths of eighteen (18) feet shall be equipped with automatic "roll-up" garage doors. Units maintaining driveway lengths of nineteen (19) feet or greater shall be equipped with either automatic "roll-up" or ,,swing-out" garage doors. The Homeowners' Association is responsible for monitoring and-enforcing any and all parking and traffic regulations on private streets. The. project CC&R's shall include provisions to require the Association, to .develop and enact an enforcement program related to enforcement of parking and traffic regulations within the private development. Said program may include provisions for levying fines, collecting fines and enforcement/monitoring by private security companies/persons- To ensure the proper use cf parking spaces within the subdivision, CC&R's shall include the following acknowledgements and restrictions, which shall also be signed as a separate notification/acknow!ed~e- ment, by each new homeowner in the subdivision: 1. Project has .5 guest spaces per unit; individual owners shall have no right to use guest spaces for any vehicle. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 13 e Individual owners, shall park vehicles in garage space or on driveWay area provided vehicles do not overhang the public right-of- way or sidewalk easements. e 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. All parking regulations shall be enforced at time of final occupancy of any phase of the project. TENANT/HOMEBUYER NOTIFICATION (1) 8.1 Prior to issuance of 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. 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. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 14 C. The subdivider shall provide the ·City with a copy of the approved aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document nust 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. (1) S.2 Subdivider shall notify all potential homebuyers of the (6) following potential liens/assessments against the (3) subdivided properties: A. Assessment District 86-2. Bo City of Tustin 1982 Landscaping and L~ghting District as amended. Advise homebuyers of the presence of Mello-Roos Community Facility Act assessments for school facilities within the subdivision. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 15 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. Be Sanitary sewer connection fee to Irvine Ranch Water District. Ce Grading plan checks and permit fees to the Community Development Department. De Ail applicable Building plan check and permit fees to the Community Development Department. Ee New development fees to the Community Development Department. F~ School facilities fee to the ~stiD Unified School District subject to any agreement reached and executed between the District and the Irvine Company. G~ Required East Tustin Facility Fees as may be adjusted to reflect cost of living increases prior to issuance of building permits: 1) Civic Center Expansion Fee 2) Irvine Boulevard Widening Fee 3) Fire Protection Facility Fee Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 16 · . 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. 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 periodthatthe applicant has not delivered to the Community Development Department the above- noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require'payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars)' pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. *** 9.4 Prior to issuance of Building permits, including grading permits, The Irvine Company shall amend the Letter of Understanding between the City of Tustin and the irvine Company dated March 11, 1989, with subsequent modifications and amendments dated October 21, 1991, to comply with the following conditions: A. No credit will be given to a builder for provisions of any on-site recreational facilities in conjunction with a patio home development in order to offset or discount the required payment of $3,400 per unit. Exhibit A - Conditions of Approval Resolution No. 3185 vesting Tentative Tract 13733 Page 17 Be The City shall collect the $3,400 per unit payment at time building permits are issued by phase for the project. In the event that permits for all units have not been issued prior to May 1, 1995, then the remaining balance of the in lieu payment equal to $3,400 per patio home residential dwelling unit shall immediately become due and payable on May 1, 1995. Failure to make said remaining payment by May 1, 1995 will be considered late and the City shall affix an annualized penalty fee of 15% computed on a daily basis on the unpaid balance. Ce city will commit to spend funds collected under this agreement for recreation facilities in Tustin .Ranch but City makes no commitment as to timing of said expenditures or specific, facilities to -be funded. ~ De It is mutually agreed that the in lieu payment of $3,400 per patio home residential dwelling does not constitute any precedent for any purpose other than this agreement as.to the amount of any future local park fees, establishment of land value or other related issues. GENERAL (1) 10.1 Within 24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Actj and applicable conditions contained herein unless an extension is granted pursuant to Section 9335°08 of the Tustin Municipal Code. (1) 10.2 Prior to occupan~y~.of units, the Subdivider shall record a final map in ~onformance with appropriate tentative map. (1) 10.3 Prior to final map approval: A. Subdivider shall submit a current title report. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 18 .o B. Provision for landscaping maintenance of landscape lots, paseos and easements adjacent to 'project private streets shall be the responsibility of the adjoining property o~ers and/or Homeowner's Association of Tract 13733. C.. Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance. D. Street names shall be approved by the City of Tustin Street Naming Committee. (1) 10.4 Subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the city's Subdivision Ordinance; in the East Tustin Specific Plan and Development Agreement, EIR 85-2, and applicable conditions for Final Map 12870. (1) 10.5 The cumulative number of residential units for which (2) certificate of occupancy may be issued shall not exceed (5) the cumulative total of square feet of occupied revenue generating uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. *** ~0.6 Prior to release of building permits, all conditions of approval of Design Review 93-013 of the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3183 and incorporated herein by reference. Jt:br 1 3 4 5 6 7 9 10 11 12 13 14 15 16 17 '18 19 20 RESOLUTION NO. 3218 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF AMENDMENT TO VESTING TENTATIVE TRACT MAP 13733. The Planning Commission of the City Of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae That Amendment to Vesting Tentative Tract Map 13733 was submitted to the Planning Commission by California Pacific Homes for consideration; and Be That a public hearing was duly called, noticed and held for said amendment on December 13, 1993, by the Planning Commission. Ce D~ 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. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single family detached dwellings (patio homes). Ee The 1.1592 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 13733 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed. G. That the site is physically suitable for the type of development proposed. H. That the site is physically suitable for the proposed density of development. ATTACHMENT B Resolution No. 3218 Page 2 5 6 7 8 9 10 11 12 13 14 16 o 17 ' 18 19 20 21 :24I I. That the design of the subdivision or the proposed improvements are not likely, to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. J. That the design of the subdivision or the type of improvements proposed will not conflict with easement acquired by the public at large, for access through 6r 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 health problems. II. The Planning Commission hereby recommends to the city Council approval of Amendment to Vesting Tentative Tract Map 13733 to eliminate Condition No. 5.7 of Planning Commission Resolution No. 3185. ~ PASSED AND ADOPTED by the Planning Commission of the city of Tustin, at a regular meeting on the 13th day of December, 1993. Recording Secretary chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersi9ned, hereby certify that I am the Recording Secretary of the Planning Commission of the city of Tustin, california; that Resolution No.3218 was duly passed and adopted at a regular meeting of the Tustin ~Planning Commission, held on the 13th day of December, 1993. Recording Secretary Office of the City Manager September 13, 1993 Ms. Lisa Mills Orange County Transportation Authority 1055 North Main Street, St.' 516 Santa Ana, California 92701-3627 SEP I ,4 t993 ~ PUBLI.~ o, 300 Centennial Way Tu.stin. CA 92680 (714) 573-3010 FAX (714) 832-0825 Dear Ms. Mills: I am responding to your letter regarding the Authority's proposal to develop a countywide traffic signal pre-emption system. As you may be aware, the question as to the necessity of a pre-emption system was raised within the past year. I recall that several cities, including Tustin, questioned the need. Our concerns were, and continue to be: . ,2. The impact.of a traffic signal pre-emption.system, on traffic signal coordination systems. Many traffic engineers believe that pre-emption systems disrupt computerized traffic, control systems. There could be significant liability exposure to public agencies because of a "false" sense of security caused by a pre-emption system. There are Police Chiefs who do not support pre-emption systems because they can tend to cause emergency personnel to rely too much on a pre-emption system rather than making sure an intersection is clear through careful observation. It seems to me that the Authority should work with City.Managers, City Engineers, Police Chiefs, Fire Chiefs and City Attorneys in carefully assessing all the implications of traffic pre-emption systems. There appears to be factors that offset any of the benefits perceived to be gained by a pre-emption system. Rather than asking cities whether they do or do not support the Authori~y's propgsal, I would suggest that there first be further analysis of the need and the cost/benefits. Thank you for your consideration. Sincerely,. . / illiam A. Huston City Manager cc' Dave Ream, Orange County Ci~':' Manager's Association B. Ledendecker D. Franks ATTACHMENT C Public Wc-<s / Engineering November 17, 1993 City Of Tustin 15222 Del Amo Avenue Tustin, CA 92680 (714) 544-8890 FAX (714) 832-0825 Chief B. O'Niell Orange County Fire Department Planning & Development 180 South Water Street Orange, CA 92666 subject: Emergency Vehicle Traffic Signal Pre-emption (P.W. File No. 1093) Dear Chief O'Niell' The City of Tustin has recently taken the position that emergency vehicle traffic signal pre-emption is not essential for the welfare of the City. There are concerns with the impacts of a traffic signal pre-emption system on a sophisticated, coordinated traffic signal system such as Tustin's. Also, there could be liability issues concerning the City if a traffic signal pre-emption system was implemented citywide. The City Manager's office, in a letter (attached) prepared to the Orange Coqnty Transportation Authority, has requested further analysis o~ ~.the need for traffic signal pre-emption prior to a commitment by the City to implement emergency vehicle traffic signal pre-emption citywide. The Orange County Fire Department has recently required, through conditions of approval, the implementation of emergency vehicle traffic signal pre-emption at several City of Tustin arterial roadway intersections adjacent to projects located within the East Tustin Specific Plan area. The City is sensitive to the desires of the Fi_re Department to access public roadways and will review, on a case-by-case basis, the need for traffic signal pre-emption to directly access City roadways from Fire Station locations. However, the city is not supportive of citywide emergency vehicle traffic signal pre-emption at this time. We request that the Orange County Fire Department remove conditions of approval from City of Tustin projects that stipulate a requirement for installation of emergency vehicle traffic signal pre-emption. It is also requested that the Fire Department coordinate the future review of potential locations for traffic signal pre-emption with the City as projects develop. ATTACHMENT D Chief O'Niell Emergency Vehicle Traffic Signal Pre-emption November 17, 1993 Page 2 Thank you for your attention in this matter. Please do not hesitate to contact me at (714) 573--3150 if you desire to ~disc~ss · this further. Sincerely, Robert S. Ledendecker Director of Public Works/City Engineer Attachment RSL :OA:ktb:pcempt I cc: t/ittiam k. tluston Christine A. Shingteton Dana R. Kasdan Doug[as. R. Anderson Jerry Ot tesOn Dan Fox PACIFIC -IOMES =ost-lt": brand fax t~ansmiltal memo 767,1 Dept. ~'" :n,q I ~q4- 77,,u3 November 8, 1993 Ms. Elaine Dees Orange County Fire Department 180 South Water Street Orange, California 92666 Re: Conditions of Approval - Tract 13733 REVISED Dear Elaine: ' · . This letter is.intended to summarize my .understanding of the. Orange Count)' Fire Dep~'-tmer t's ("ocFb") position on certain conditions of approval of Vesting Tentative Tract M~_ 13; 33 located in the City of Tustin. Conditions 5.1 thru 5.7 were placed On the map by the OC .32) and will be discussed in this letter. Your signature below will provide the City of Tm ~ confamation that the information stated below is, in fact, the position of the Orange County, F Lre Department. Condition 5.1 This condition has been satisfied by the presence of the Orange Cou ny Fire Department's signature on the water improvement plans for Tx ~_ct 13733 which have been submitted to the City of Tustin. Condition 5.2 :.~ · :. This.condition has been met vAth the approval that was gained from ;he OCFD on the "Fire Protection Plan During Model Construction." 'I als plan has been approved by OCFD and Irvine Ranch Water District. Condition 5.3 This condition has been met with the approval that was gained for He Phasing Plan for the project for the OCFD. Condition 5.4 This condition states that the Chief will approve "fire protection acc ~ss easement and shall be approved by the fire chief and dedicatcd to ~he County of Orange.~ This condition is fully satisfied by the presence of the fi.re access on the street improvement plans which have been appro ,ed by OCFD. Conditon 5.5 This condition will be met by the construction of the improvemen-'-' as indicated on the OCFD approved improvement plans. IX'D-.TOle C Er, xC}l, CAL1FO?~x [,~ 92(.'(~o 7:4:7-__9-;773~. F;O': 7~,.'044-7723 Elaine Does November 8, 1993 Page 2 Condition 5.6 Condition 5.7 This condition has been met with a note on the Produ~,fion Prec se Grading Plan and the Street Improvement Plans that identifies all stre ;ts as fire lanes. In addition, the S~reet Improvement Plan! identify ,he locations of the curbs that will paL. ated red and the locatio'.n of the "i 40 Parking" fire lane signs. A copy of the "No Parldng" fir6 'lane sign is attached for your approval. This is the same sign that wa.q'"..approved br Tracts 14567, 14381, and 14748, Pr~idio. As requested in the condifi,,n, the CC&..R's contain a provision wh/ch prohibits parMng in .the fire la~ :es and provides a method of enforcement by the I-Iomeowner'si!Associati, ,n. A copy of this provision is attached for your use. The City of Tustin is maintaining a position against pre-eroSion cleric .~s. It is my understanding that the OCFD will release Califtmia Pad tic Homes from this condition upon m:__eipt of a letter from th~, City stat ng its opposition to the pre-emption device. Thank you for your assistance in this matter. 'with yOur signature below you 'are ',&rallying t nat' - ~. ': OCFD concurs with the statements above. '" Sincerely, CALIFORNIA PACIFIC HOMES, INC. Douglas Woodward Project Manager DSW:nlr ACKNOWLEDGED and AGREED' Elaine Dees Orange County Fire Department Orange Counb, Fire Oepanfmcn'. Fire Prevention Sureau REVI EW,:_D Approval subject to field inspection and recuifed test. notations hereon, conditions in correspondence and conf o rrran~ with ,-.,. z::,,-,',-.[ ~, r eg u iatio n s. The stamping of'~h.?.5 e plans shall:not be held to permit or a.pF;'ove the violation of any law. c~,--~_z'-__,¢-;,--- ¢:'. 7 ~ ~ ~-~._. ,a~ ..,2~,,.~' ~" ~..':5'.:_.~- 8y Bate _' :,,/,.4.... 1 3 4 5 6 7 8 9 10 11 12 15 14 '15 16 o 17 18 19 20 21 24 28 RESOLUTION NO. 94-03 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 AMENDMENT TO VESTING TENTATIVE TRACT MAP 13733 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN "~NcoRPORATED 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 Amendment to Vesting Tentative Tract.Map 13733 and respective development plans are' considered ,projects" pursuant to the terms of the California Environmental Quality Act; and Be That the projects are covered by a previously certified Final Environmental Impact Report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. II. The East Tustin Specific Plan Final Environmental Impact '~':'~ Report (85-2), previously certified on March-17, 1986 as. modifiedby subsequently adopted supplements and addenda, was considered prior to approval of this project. The Cit~ 'Council hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR, is therefore determined to be adequate to serve as a Program EIR for this project and'satisfied all requirements of the California Environmental Quality Act. Further, the City Council finds the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources; and, therefore, makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmental effects thereof. The mitigation measures are identified as Conditions on Exhibit A of Planning Commission Resolution No. 3185 recommending to the City Council approval of ! 3 4 5 6 7 8 9 10 11 12 13 14 -15 17 18 19 20 21 24 26 27 28 Resolution No. 94-03 Page 2 Vesting Tentative Tract 13733 and Exhibit A of Planning Commission Resolution No. 3182, 3183, and 3184 approving Conditional Use Permit 93-014, Design Review 93-013, and Variance 93-005 respectively. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 3rd day of January, 1994. JIM POTTS MAYOR Mary E. Wynn, City Clerk · STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATIONN FOR RESOLUTION NO. 94-03 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify· that the whole number of the members- of the'City Council of the City of Tustin is five; that the above and foregoing Resolution No. 94-03 was duly passed and adopted at a regular meeting of the City Council held on the 3rd day of January, 1994, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk 3 4 5 6 10 11 12 '1.-5 16 20 ~6 9.8 RESOLUTION NO. 94-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTiN, APPROVING AMENDMENT TO VESTING TENTATIVE TRACi MAP 13733. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as-follows: ae That Amendment to VestingTentative Tract Map 13733 was submitted to the Planning Commission and City Council by California Pacific Homes for consideration; and Bo C~ That a public hearing was duly called, noticed and held for said amendment on December 13, 1993 by the Planning. Commission and on January 3, 1994 by the City Council.. That an Environmental Impact Report (EIR 85-2 for the East ~T~.~.stin .Specific.. Plan) has been certified in conformance -with the requirements of the Ca 1 ifornia Environmenta 1 Qua 1 ity Act for the subject project area. De That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Deveiopment Agreement and Subdivision Map Act as it pertains to the development of single family detached dwellings (patio homes). .. Ee The 1.1592 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 13733 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed. Ge That the site is physically suitable for the type of development proposed. 3 4 5 6 7 9 10 11 12 13 14 -15 16 17 18 19 20 21 24 26 27 28 Resolution No. 94-04 Page 2 H. That the site is physically suitable for the proposed density of develOpment. - I..~ That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental dgmage 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. That the design of the subdivision or the types of improvement proposed are not likely to cause serious public health problems. II. The City Council hereby approves Amendment to Vesting Tentative Tract Map 13733 to eliminate Condition No. 5.7 of Planning Commission Resolution No. 3185. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 3rd day of January, 1994~ JIM POTTS MAYOR Mary E. Wynn, City Clerk