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CC 15 T.T. MAP 13735 11-20-89
~ ? // 11-20-89 Inter- Com DATE' NOVEMBER 2 0, 19 CONSENT CALENDAR NO. 15 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT MAP 13735 (REGIS CONTRACTORS) RECOMMENDATION It is recommended that the City Council: i · Approve the Environmental Determination for the project by adopting Resolution No. 89-168; and · Approve Vesting Tentative Tract Map 13735, as recommended by the Planning Commission, by adopting Resolution No. 89-169. BACKGROUND At their regular meeting on October 23, 1989, the Planning Commission adopted Resolution No. 2694 (attached), recommending approval of Vesting Tentative Tract Map 13735 to the City Council. Vesting Tentative Tract Map 13735 proposes to subdivide a 10.0 acre site into six numbered lots and eight lettered lots (lettered lots are for landscape and recreational purposes) permitting the development of 238 apartment units. The proposed tract map facilitates financing of the project and would also permit the -applicant to convert the apartments to condominiums at a future date. At the October 23rd meeting, the Planning Commission also approved Conditional Use Permit 89-32, authorizing initial construction and occupancy of the project as apartments, and Design Review 88-46, approving the specific site plan and architectural design o'f the project. Located in Sector 11 of the East Tustin Specific Plan, the proposed project is bordered by Heritage Way to the south, Myford Road to the east, Irvine Boulevard to the north and a future high school site to the west. Existing and anticipated development in the vicinity of the project includes a future neighborhood park across Heritage Way to the south, an existing 252 unit apartment project across Myford Road to the east, a future 316 unit apartment project across Irvine Boulevard to the north and a future high school immediately to the west. City Council Report Tract Map 13735 November 20, 1989 Page 2 PROJECT DESCRIPTION Submitted development plans for the project propose development of 11 three-story apartment buildings and two (2) two-story apartment buildings, for a total of 238 dwelling units, plus recreation and laundry buildings. The proje6t site is designated within the Medium High Density residential land use category which permits up to 25 dwellings units per acre. Actual proposed density for the project is 23.8 dwelling units per acre. One major ingress/egress point is proposed for the project, located midway along the Myford Road frontage directly opposite one of the two main ingress/egress points for the existing 252 unit Rancho Tierra apartment project. This access point provides for both left and right turn movements. Two secondary ingress/egress points are also proposed, one located on Myford Road between the main entry and Irvine Boulevard, and the second on Heritage Way. The internal circulation system consists of primary loop drives running lengthwise through the center of the prbject with a series of smaller private drives that access the main loops and form private auto courts. The majority of guest parking spaces are located adjacent to the main loop as perpendicular parking spaces. In the northern half of the site, the private courts provide the majority of open and covered (carports and garages) parking spaces for the project's residents, while in the southern half open and covered parking spaces are split approximately 50-50 between the private auto courts and a central island in the main loop drive. A total of 45 parking spaces are provided including 259 covered spaces (carports and garages) and 192 open spaces. The 259.covered parking spaces exceeds the minimum 238 covered spaces required for apartments; however, 359 covered spaces would be required should the project be converted to condominiums in the future (see attached statistical survey). Consequently, a condition of approval was included in Exhibit A of Planning Commission Resolution No. 2694, requiring the subdivider to install an additional 100 covered spaces prior to conversion. Plans for said spaces are required to be submitted at building plan check for the project. Three building types are proposed for the project that include 52 studio, 65 one bedroom and 121 two bedroom units. All three building types contain garages on the first floor. Community Development Department City Council Report Tract Map 13735 November 20, 1989 Page 3 Two recreation areas are provided, located in the middle and north end of the project adjacent to the future high school site. These facilities include a leasing office, kitchen, weight room, laundry room, restrooms and pool and spa. A statistical summary of the project is attached to this report for reference. ARCHITECTURAL DESIGN The proposed architectural design of the project is early California-Monterey style in character. The buildings are proposed to have two-tone terra-cot{a colored spanish tile roof treatments with off-white and beige stuc6o. Mass is broken up with projecting windows, balconies and stairways. Projecting eaues, exposed wo6d rafter tails, corbels, shutters, wood railings and multi-paneled wood garage doors characterize the detail of the architecture. . The proposed architecture is. consistent with the desired Tustin Ranch style and is compatible with .existing, surrounding developments. ENVIRONMENTAL ANALYSIS Based upon review of the subject map as well as Environmental Impact Report 85-2 (as supplemented) it has been determined that 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 Council make the finding that requirements of the California Environmental Quality Act have been met and that no further environmental review is required. Community Development Department City'Council Report Tract Map 13735 November 20, 1989 Page 4 CONCLUSION Given the analysis conducted by staff and consideration of comments from other agencies and the public at the Planning Commission hearing, it is concluded that the proposed project meets the requirements of the East Tustin Specific Plan, the Subdivision Map Act as adopted and the California Environmental Quality Act. With the inclusion of conditions of approval listed in Planning Commission Resolution No. 2694, it is recommended that the City Council approve Vesting Tentative Tract Map 13735. Steve Rubin, Associate Planner christine A Shlngle~n, Director of Community Development SR:CAS:kbc Attachments: Statistical Summary Site Plan Vesting Tentative Tract Map 13735 Resolution No.s 2693, and 2694 Resolution No.s 89-168 and 89-169 Commun.ity Development Department Page 1 STATISTICAL SUMMARY Project: Tentative Tract Map 13735/DR 88-46/UP 89-32 Gross Site Area (including landscape lots) Building Coverage Setback from Irvine Blvd. C/L Setbacks from perimeter property lines Height (in feet) (number of stories) Gross Living Area Total Units Density Open Space Parking Spaces (not counting guest) Covered parkin'g * Guest parking * Requirement N/A 100% maximum minus setbacks & landscaping 81 feet minimum 10 feet minimum 40 feet maximum N/A N/A 25 units/acre maximum 2.19 acres 392 spaces · 238 spaces (apartment-s) 359 spaces (condominium) 60 spaces (25 s'paces/unit) Proposed 10.0 acres 26.5% 90 feet minimum 10 feet minimum 34 feet maxi mum 202,948 square feet 238 uni ts 23.8 units/acre 3.31 acres 391.5 spaces 259 spaces N/A** 59.5 spaces See page 2 of Statistical Summary for breakdown of parking. See proposed Conditions of ApprOval for the project which will require construction of additional carports prior to-conversion to con.dominiums. J~d~S~Cd~ ~ummary Tentative Tract Map 137~- Page two Unit Floor Plans A B1 B2 C D Studio I bedroom, I bath I bedroom, i bath 2 bedroom, 2 bath 2 bedroom, .2 bath Quantity 52 32 33 55 66 Li vi n~ Area 550 square feet 750 square feet 790 square feet 990 square feet 1058 square feet Unit - Typ. e ..... Parkin~ Require~nts Analysis {occupant only) Spaces Covered Requi red Spaces - Apt. Per un'it' Total Per Unit Total A Studio I 52~ I 52 B1 I bedroom 1.5 48 i 32 B2 I bedroom 1.5 .50 I 33 C 2 bedroom 2 110 ~.1 55 D 2- bed room 2 132 I 66 Covered Spaces -~ Condo Pe'r Unit Total i 52 i 32- I 33 2 110 2 132 *. does not include guest spaces calculated at .25. .0 -.OC 7' Z · I~ z ~ 7 - U z o - 0 U z Z · 'l- Z ® ,ii z /. · . , ' ~r.,.~ ~ · z 0 [,.) Z 0 z I I-1 '.__iL_, I Il. / ,/ ..:. · . ,,' 7 0 ~ 0 Z Z . Z .1 z Z Z Z z © "r' Z 7 Z· ~ z m Z z Z. ....-- 1 Z © -r- U Z · 1 '2 4 5 8 9 10 11 12' 14 15 18 i9 24 2B 27 ?E?31. UTiO:i ,";0. 269'3 TUSTIII. Cr~i,i)IT~OtI...LL( ^PPRI:¥IPC 12ESIGN RE',~I'-'' "" ' AND USE PEak.lIT ,~n-~2 FOP A ~""'?(;T ;;ITM OUELLINGS 0"' 10 0 ~CRES 0~ p~".'rEl. 1 OF' ~aPC£L ~.~I,' 88-3].5 The Planning Ccmmissicn of the City. of Tustin rices hereby resolve -' fol 1 ows' I. The Planning Commission finds and determines as follc¥~s' A. That proper applications, Desien Review No. 88-46 and Use Per 89-32, were Filed by Regis Contractors, requestina approval ':' 238 unit apartment project on a 10.0 acre site identif'ie,' Parcel i of Parcel Map 88-315. B. That a public hearing was duly called, noticed and held on .,.'.,'~.d application on October 23, 1989. C. Pursuant to Section 9291 of the Tustin t,!unicipal Code, Commission finds the following' 1. That establishment, maintenance, and operation of the applied for 'Will not, under'the circumstances of this c~s'~. be detrimental to the health, safety, morals, cemfcr.~ 'r general welfare of the persons residino or ',.;orkin,(] in · neighborhood since the pro,iect design and archit~..'-ct.ur;. compatible with existing surrounding urrJan a;'w'. pro.iect is also consistent with ti~e East T~.:stin Sc.'::,:':' Plan Regulations and Development Standar:.:s ,:'.nd 'the , Tustin Development A_r,r,:: .... nt 2. That the establishment, maintenance, arid operation ~,.~¢ use applied for will not be injurious or detri~e, ntal t,'., property and improvements in the neighborhoo,d cf the sut" property, nor to the general welfare of the City of and should be granted· D. Pursuant to Section 9272 of the Tustin Municipal Co'de, the Co~,misslon finds that the location, size, architectural ~ea and general appearance of the proposed develop,zent will impair the orderly and harmonious developmen~ of tn, ~re~.~, present or future develop~rent therein, or the occ~pancy whole. In making such findings, the Commission has at least the following items' 1. Height, bulk and area of building 2. Setbacks and site planning. 1 2 4 5 6 8 10 11 12 13 14 15 1 (] i9 2(! 23 '24 26 27 28 Resolution No. 2693 Page two 3. Exterior materia'ls and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio television antennae. 7. Landscaping, parking area design and tr~'ffic circul:.',icn. 8. Location, height and standards of exterior illt~minaticn. Location and appearance of equipment located outsi~e enclosed structure. 10. Physical relationship of proposed strucr~ures to exist". structures in the neighborhood. _ r 11. Appearance and design relationship, of oror~.,~ed existing structures and possible future neighborhood and public thorougnfares' 12. ~evelopment Guidelires ancJ critr~r~a as Council. ii. The Planning Commission hereby conditionally 89-32 and Design Rev'i-cw ~!8-46, unit ap)rt..merit project subject to the conditions A attached hereto. PASSED AND ADOPTED at a regular meeting cf the Tustin Planning Commissi~:-~, held on tl:e 23ra day of October, ,i9~. .. Recording Secretary Leslie Anne,~n~ous Chai rm.a r, STATE OF CALIFORNIA COUtlTY OF ORA~IGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Pl.anning Commission of the City of Tustin, California; that Resolution No. _,, ~ was duly passed and adopted at a regular n~e~ing of ~the Tustin Planning C~o~mission, held on the :aay of '~' , 198 . -- PE~INI FOLEY Recording Secretary EXHIBIT A DESIGN REVIEW 88-46 AND USE PERMIT 89-32 CONDITIONS OF APPROVAL RESOLUTION NO. 2693 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 23, 1989 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Communi.ty Development may al so approve subsequent minor modifications ~to plans during plan check if such modifications are to be cosistent with provisions of the East Tustin Specific Plan. (1) 1.2 Unless otherwise specified, the conditions contained in thi's Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design review 2pproval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Resolution. (6) 1.4 Rental unit tenants shall be notified of potential condominium conversion as required by Condition 8.1C of Exhibit A of Planning Commission Resolution No. 2694 and the Subdivision Map Act. i) 1.~ The lease agreements for the studio units (Plan A) shall restrict occupants to (5) a maximum of one vehicle per unit within the project. A draft of said lease agreement restrictions shall be submitted to the Community Development Department for approval prior to Certificate of Occupancy with a letter from Irvine Pacific and th~ property'management company to require all tenants of studio apartments to sign. 1.6 The subdivider shall submit information to ensure compliance with Condition number 10.12 of Exhibit A of Ploanning Commission Resolution No. 2694. PLAN SUBMITTAL 2.1 At building plan check submittal: (3) A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform' Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. (2) B. (3) Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on pl'ans shall be included stating that no field changes shall be made without corrections submitted to--and approved by the Building Official. SOURCE CODES (1) STANDARD CONDITION EIR MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY Exhi bit A Resolution No. 2693 ~a ge two (2) (3) C. Final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval of the Community Development Department. Subject grading submittal shall comply with all requirements of Condition 4.1, contained in Exhibit A of Planning Commission Resolution No. 2584. D. Information, plans and/or specifications to ensure satisfaction of Conditions 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 of Exhibit A of Planning Commission Resolution No. 2694. E. Information to ensure compliance with Conditions 5.1, 5.2, 5.3, 5'.4 and 5.5 of Exhibit A of Planning Commission Resolution No. 2694. (2) (3) F. A detailed acoustical noise study prepared by a qualified acoustical expert shall be subject to review and approval by the Community Development Department to insure that interior noise levels do not exceed a maximum of 45 dBa's. The report and any subsequent field inspection shall comply with Condition 6.1 and 6.2 of Exhibit A of Planning Commission Resolution No. 2694. (3) G. Detailed plans for pool and spa areas shall be reviewed and approved by the Orange County Health Department. All pool and spa-areas shall be enclosed by a five (5)' foot high fence-'with self-closing and latching gates with access by key only and with vertical openings no greater than 41! · (1) (6) H. Each unit shall be provided, with separate electric and gas meters' whe~ such service is supplied. (1) (6) I. Each unit shall be equipped with separate water meters or a separate water shutoff. (1,2) (6) j. Information to ensure compliance with Conditions 4.1 and 4.2 of Planning Commission Resolution No. 2694. (1) 2.2 Rough plumbing shall be installed to retain future solar heating options for (2) recreati'on buildings. Copper shall be installed from hot water closet and~-the (8) hot water closet shall be adequate in size to accommodate a solar water heater and addition of a 110v electrical outlet. 2.3 Architectural plans shall not be submitted for plan check unless accompanied by a letter approving proposed design by the Irvine Company. SITE AND BUILDING CONDITIONS 3.1 The site plan shall be modified as follows: Exhibit A -Resolution No. 2693 ~ge 'three A® The primary project entry for vehicular access shall be revised to clearly define a 20 foot wide ingress lane and a 24 foot wide egress lane, subject to approval of the Community Development Department and Public Works Department. Be Include the 100 additional covered parking space details and schedule for construction that shall be required to be constructed upon conversion of rental units to condominiums as stated in Condition 10.4 of Exhibit Ate Planning Commission Resolution No. 2694. Ce Where they occur, guest parking spaces shall be readily visible. Suct~ sPaces shall also be labeled as "Guest Parking" spaces (provide details for such marking and labeling). De A total of 452 parking spaces shall be provided, including 392 assigned spaces and 60 guest spaces (plans currently show 451 spaces). E. Indicate 1.ocation of 60 CNEL noise contour on site plan. F® All transformers shall be located off main loop systems and out of required building setbacks. ' 3.2 Modify building elevations and proposed exterior materials as follows: A® Provide exac~ details and exterior door and window types and treatments (i.e., framing color glass tint), depth of mullions, rafter tails, wood trim, etc. Be Gas and water heater compartments if not integrated into unit shall be integrated into main building design. C. Show all downspouts and gutters. D · The mix Of two-tone roof tiles shall incorporate a minimum of 80% dark ti.les and a maximum of 20% light tiles. (1) 3.3 All exterior colors to be used shall be subject to review and approval of the (4) .Director of the Community Development Department. All exterior treatments - must be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (1) 3.4 Note on final plans', that a six foot high chain link fence' shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. Exhibit A _ _Resolution No. 2693 ~ge four (1) 3.5 All mechanical and electrical fixtures and equipment shall be adequately and (4) decoratively screened. The screen shall' be considered as an element of the overall design of the project and shall blend with the architectural design of buildings. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining a sufficient distance from frontage of the project. 3.6 Exterior elevations of the buildings shall indicate any fixtures of equipment to be located on the roof of the building, equipment heights and type of screening. All parapets shall be at least six inches above rooftop equipment (if any) for purposes of screening. ~ (3) (4) (1) 3.7 Submit detail for all on-site walls to be constructed by developer including screening walls within the project. Show type of wall' cap and type of color, exterior materials on walls which should be consistent with wall concepts approved for Tract 12763 and decorative treatment of all exposed wall-s. Walls and fences which do not also serve as perimeter walls for project shall be consistent with main building treatments. A protective rail or guard shall be 'installed on top of retaining walls where there is more than a thirty (30) inch drop. Check the building code and provide details for such treatment. Provide wall/fence legend on site plan. (1) 3.8 Submit mailbox architectural detail indicating color and exterior treatment (4) (number of coats of paint, wear and durability features) for review and approval of Director of Community Development. ) 3.9 'Automatic garage door openers shall be provided on all garages. · 3.10 Adequate size trash enclosures with sol id metal framed, self closing, self-latching gates shall be provided. Said enclosures shall be screened by a decorative wall of a minimum height of six feet. The actual location of said enclosures and types of screening shall be subject to approval by the Director of Community Development. .. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (7) 4.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Exhibit A Resolution No. 2693 ~ge. five Irrigation Submittal Requirements. Provide summary table applying indexing identification to plant materials, in their actual location. The plan and table must list botantical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check. Note on landscaping plan that coverag~ of landscaping irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 4.2 The submitted landscaping plans at plan check shall reflect the following requirements: A. Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas alone is not acceptable. - -' B. Provide a minimum of one 15 gallon size tree for every 30 feet of property line on the p. roperty perimeter and five 5 gallon shrubs. C. Provide one 15 gallon 'tree for each 5 parking spaces within an open parking area. D. ShruBs shall be a minimum of 5 gallon size and shall be spaced a minimum of 5 feet on center when intended as screen planning. E. Ground cover shall be planted between 8 to 12 inches on center. F. When I gallon plant sizes are used the spacing may vary according to materials used. G. Up along fences and/or walls and equipment areas, provide landscaping screening with shrubs and/or vines and trees on plan check drawings. H. All plant material.s shall be in'stalled in a healthy vigorous condition typical to the species and landscaping must~ be maintained in a neat and 'healthy condition, this will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. I. Buffer driveway and parking areas with landscaping berms when possible. Exhibit. A Resolution Ho. 2693 age six (1) 4.3 (7) (4) (1) 4.4 (7) (4) (1) 4.5 (7) (4) (1) 4.6 (7) (4) _(1)"4.7 7) ,4) 0 Earth mounding is essential and must be provided to applicable heights whenever it is possible in conjunction with the submitted landscaping plan. Earth mounding should be particularly provided along Keller Drive and Robinson Drive for buffering across from a proposed school and active community park site. me A thickly planted landscape shall be installed along the edge of the project. Use natural landscaping and other architectural detailing and use of materials to border structured parking areas and soften their visual appearance. ke' Major poin circulatio identifica ts of entry to the project, courtyards and pedestrian internal n routes shall . receive specimen trees to create an ti on' theme. Me Landscape adjacent to the right-of-way shall be coordinated with parkway landscaping. Perimeter walls should be treated with vines in order to relieve large .expanses-of walls by adding greenery and color. Vines should be informally grouped with training dev',ces installed. Ne Mail box locations shall be treated as social nodes and shall include a bench and trash can with appropriate landscape and hardscape. Screening architect site. adjacent to. roadways, whenever possible, shall compliment the ure, color and construction mater.iai of primary buildings on the Pedestrian walkways should be separated from traffic areas where possible to provide a separate ci.rculation system. When necessary and practical, the separation should include landscaping and other barriers. Walkways, whenever possible, shall pass through the interiors of blocks; where they cross street corners, adequate site distance shall be provided. The use of decorative pa.ving techniques such as is encouraged, particularly for pedestrian paths systems. Decorative paving shall also 'be used provide a more aesthetic appearance. stamped and co. l ored concrete and alon. g major street loop around landscaped areas to Provide details, colors, and materials for all walls. Design interior walkways to create a wi th accessory landscaping treatment. exterior walkways, stairs and reinforced pedestrian corridor All walls, fences or landscaping adjacent to provide adequate sight distance for private streets. to loop streets should be designed vehicles exiting the tract' via the Exhibit A Resolution No. 2693 'age seven (1) 4.8 Entryways to the project site should be focal points. In addition to larger (7) tree treatments these areas should be provided with a variety of color and (4) treatment of landscaping as well as a incorporation of special decorative signage or pavement treatment (i.e., walls, gates, lighting, etc.). (1) 4.9 A complete, detailed project sign program including design, location, sizes, (4) colors, and materials shall be submitted for review and approval by the Department of Community Development. The sign program shall include project identification, addressing and directional signs to direct autos to proper access, parking and loading. Address signs shall be automatically ill iuminated. ZES 4.10 Indicate lighting scheme for project, note locations of all exterior lights and types of fixtures, lights to be installed on buildings shall ~ be a decorative design. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The location and types of lighting shall be subject to the approval of the Director of Community Development. (1) 5.1 Payment of all fees required in Condition 9.3 of Exhibit A of Planning (6) Commission Resolution No. 2694. S R' kbc 1 4 5 6 7 8 9 10 11~ 12 13 14 15 17 ] ¢' i 9 2O 21 22 23 24 26 27 28 A RESOLUTIO~I OF Tt~E PLANi'I[NG CO,~IMISSION OF T~IE C.[TY OF TUSTiN RECOM~-iEIIDiIIG TO THE TUST!N C!TY ~.~..,,. ~:C I L APPROVAL OF VESTING TENTATIVE TRACT ~AP NO. 137SS The Planning Commission of the City of Tustin does hercoy resc.'Ive "' follc~s' I. The Planning Commission finds and determines as follows' A. That Vesting Tentative Tract !,lap No. 13735 was submitted to ti: Planning Commission by Regis Contractors, Inc. f.-_' ~ consideration· B · That a public hearing w,is duly called, noticed and held for s~ map on October 23, 1989. Ce That an Environmental ImDac't Repert (EIR 85-2 for Tustin Specific Plan). has been certifi.ed in conformance with requirements of California Environmental Oualir. y Ac'*, for subject project area. D. That the proposed subdiv, ision-'is in conformance with the Tus~:: Area 1Seneral Plan, adopted .East Tustin S~eciFic Pl~.~n ,,,.~i amendments, Development Agreeme:~t and Subdivision pertains to the development o~ single family d::yellin.~s. E. ' The 1. 6236 acre parkland requirment' of this project previously dedicated with Parcel Map ~g-316. F. That the City has reviewed the status of tile School Facilit)-.}s Agreemen~ between The Irvine Com.~ny and ~he.. ~:~:in... ,~r .:~: .... School District, the East Tustin SpeciFic Plan E~ S5-Z ~.~I''' subsequently adopted supplements and addenda, the impacts ~r Vesting Tentative Tract Map 13735 on School ~Sistrict facilities. and reviewed changes In 'State law, and ~ind$ and de~rmine.s ~z:'~' %he impacts on School District facilities by approval of qt-~ map have been adequately addressed. ~ . G. That %he site is physically suitable for %he type of develop~e~",~. proposed. That the site is physically su]lable fer thc proposed density '~- development. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 G 17 !, i9 ~2 25 26 28 Resolution Ne. 2694 Pa ge I. That the desien of the subdivision or ~he proposed are not likely to cause substantial environmental ~ama.?e substantially and avoidably injure fish or wildlife in habitat. J. That the design of the subdivision or the type of improvement:~, proposed will not conflict with easements acquired by public-at-large, for access through or use of the proper','' within the proposed subdivision. K. That the design of the s~bdivisioq er the types o-f improvem?~''' proposed are not likely to cause serious public health II. The Planning Commission hereby recommends to the City Ccunc~i approval of Vesting Tentative Tract MaD No. 13735 subject to th~ conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commissicn. held on the 23rd day of October, 1989. Leslie Anne Pontieu2 Chairman Secretary STATE OF CALIFORNIA COUNTY OF ORAHGE CITY OF TUST[N o. I, PENNI FOLEY, the undersigned, hereby certify tha: I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. - was duly passed and adopted at a regular n~eting of the Tusl:in Planning 'Commission, held on the .i~ay of , ,i 198 . - ..... P E I'i'NI FOLEY Recording Secretary (2) (3) (6) (6) EXHIBIT A VESTING TENTATIVE TRACT MAP 13735 RESOLUTION NO. 2694 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS 1.1 Prior to recordation of final map, the Subdivider shall prepare plans for and construct or post security guaranteeing construction of all public and/or private, infrastructure improvements.within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: A® B. C. D. E. F. G. H. I. J. Ke Ne Curb and gutter/cross gutters Sidewalks including, access facilities for physically handicapped Drive aprons/approach Street paving Street si~ning and paving Landscaping/irrigation facilities Sanitary sewer service facilities Domestic water service facilities Reclaimed water service facili'ties Utility' connections (i.e., gas, electric, telephone, and cable facilities) Traffic signal systems and other traffic control devices Street and paseo lighting Storm drains and subdrains (* The storm drain' facilities .within tract will be private drains to be maintained) Undergrounding of existing and proposed utility distribution lines Lot monumentation Fi re hydrants A hydrology and hydraul.ic study shall be prepared for this project. persons ToV, this The amount of acceptable security for construction 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. (1) 1.2 All construction within a public right-of-way and/or public easement muSt be .o SOU R(.,E CODES (1) STANDARD CONDITION (5) (2) EIR MITIGATION (6) DESIGN REVIEW 8) *** EXCEPTION (9) SPECIFIC PLAN RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC' POLICY OTHER MUNICIPAL CODE REQUIREMENT Resolution No..2694 Exhibit A - Page two (6) shown on a separate 24" X 36" plan with all construction referenced to applicable City, County, or Irvine Ranch Water District standard drawing numbers. (1) 1.3 All changes in existing curbs, gutters, sidewalks and other public (6) improvements shall be responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: (2) (6) A. All 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. B. 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 o.f plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants .will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall be to the standards as required by the Irvine Ranch Water District. (1) 1.5 Proposed public streets shall be designed to' the following specifications: (5) - (6) A. All proposed streets and drives shall be designed in substantially thc~ 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. 1) The primary loop roadway shall be considered a private drive and shall be at least 25 feet in width from curb to curb, and shall include a 5 foot sidewalk, street trees, and street lights. B. All pr.~i.vate streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used. ReSolution No. 2694 Exhibit A Page three Sidewalk areas shall flare around the placement of all above ground facilities, such as signing, street lights and fire hydrants. Parking shall only be permitted along on-site private streets and private drives as identified on approved plans. 'Signage and red curbing shall be installed where appropriate. (1) 1.6 Private streets, storm drain, water & sewer improvement plans shall comply (6) with the "City of Tustin" Minimum Design Standards for on-site Private Street (8) and Storm Drain Improvements. DED I CATI ONS/RESERVATI ONS/EASEMENTS (1) 2.1 The subdivider shall satisfy dedication and/or reservation requirements as (2) applicable, including but not limited to dedication of all required street and (5) flood control right-of-way easements, vehicular access rights, sewer easements (6) and water easements defined and approved as to specific location by the City (8) Engineer and other reasonable agencies. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY kl) 3.1 Prior to recordation of the final map, subdivider shall post with the (2) Community Development Department a minimum $2,500 cash deposit or letter of (6) 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 utilities shall be (6) 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 Excavation Permit must be obtained and applicable fees paid from the Public Works Department. GRADING/GENERAL i (1) 4.1 Prior to issuance of grading permits: (2) (6) A. A detailed soi. 1 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. Resolution No. 2694 Exhibit A .... Page~ four Preparation and submittal of a grading plan subject to approval of the Department of Community Development del ineating the following information: · · 0 Be Methods of drainage in accordance with all applicable City standards. All recommendations submitted by geotechnical or soils engineer and specifically approved by them. Compliance with conceptual grading shown on tentative tract map. A drainage pl'an and necessary support documents such as hydrology calculations to comply with the following requirements: a. Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be · expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow between lots and ponding. c. Provision of drainage facilities to ,protect the lots from any high velocity scouring action. - d. Provision for tributary drainage from adjoining properties. All flood hazard areas of record. ® o A note shall be placed on the grading plan requiring Community Development Department approval of rough gradin'g prior to final clearance for 'foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. · Note on plans that a qualified paleontologist/archealogist, as appropriate shall be present at a pre-grading contractor conference to provide inforation about what to look for during rough grading operations that might indicate the presence of paleontological or archealogical resources. If resources are found, work shall stop in the affected area, the paleontologist/archeologist shall be notified and all resour~ces shall .be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archealologist subject to review and approval by the Department of Public'Works and Community Development. All "finds" shall be reported immediately to t he De pa rtme nt o f Commu n i ty Dev el o pment. The paleontologist/archealogist 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. Resolution No. 2694 Exhibit A - Page five' C. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. (1) 4.2 All earthwork shall be performed in accordance with the City of Tustin (3) Municipal Codes and 'grading requirements. FIRE DEPARTMENT 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 in accordance with Insurance' Services Office suggested standards contained.in the "Grading Schedule" for Municipal Fire Protection. 5.2 P~io, r to the issuance of any building permits for combustible construction, evidence that. a water supply for fire protection is available shall be be submitted to and approved by the' Fire Chief. Fire hydrants shall be in place and operational to meet rec~ired firE-flow prior to commencing construction with combustible materials. 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 se'rved. 5.4 Prior to the issuance of any building permits, plans for an a~utomatic fire extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. 5.5 Prior to the issuance of any certificates of use and occupancy, the private streets shall be red curbed and posted "No Parking-Fire Lane" as per 1985 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. Resolution No. 2694 Exhibit A Page six NOISE (1) 6.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared b~y 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 sum of all noise impacting the project, so as not to exceed an exterior standard 65 dba CNEL in outdoor living 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. B. Provide an acoustical study at plan c'h~c'k for units adjacent to the future high school site, identifying any and all necessary mitigation measures to ensure interior noise levels of 45 dba CNEL and exterior noise.levels of 65 dba CNEL. C. Due to the project's location under the Browning Corridor, a complete noise study shall be conducted and submitted to the City for review. In addition to Community Noise Equivalency Levels (CNEL) said study provides information on single event noise measurements as generated by helicopter flyovers for information purposes only. (1) 6.2 Prior to issuance of any Certificates of Use or Occupancy, field testing in (3) accordance with the Title 25 regulations shall be required by the Building Official to verify compliance with STC and IIC design standards. (1) 6.3 All construction operations including engine warm up shall be subject to the (9) 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. Resolution No. 2694 Exhibit A Pa ge sev..en CCR'S (1) 7.1 Prior to approval of the final map, all organizational documents for the (3) project including any deed restrictions, covenants, conditions, and (8) restrictions shall be submitted to and approved by the Community Development (9) 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. CCR's shall include but not be limited to the following provisions: A® Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of a Homeowner's Association, the City shall be included as a party to the CCR's for enforcement purposes of thos6 CC&R provisions in which the City has interest, as reflected by the following B through O. However, the City shall, not be obligated to enforce the CCR's. B. The requirement that association bylaws be established. Ce Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, recreation areas, pools and spas, wall.s and fences, private roadways (i.e., walks, sidewalks, trails) and paseos .' D. 'Membership in any Homeowner's 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 exter'ior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. Fo Maintenance standards shall be provided for applicable items listed in Section C above in CCR's. Examples of maintenance standards a-re shown below: (1) All 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 shal'l 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 be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. Resolution No. 2694 Exhibit A Page eight (2') All private roadways, sidewalks and paseos shall be maintained so that they are safe 'For users. Significant pavement cracks, pavement distress, excessive' slab settlement, abrupt vertical variations and debris on travel ways should be removed or repaired promptly. (3) Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disre-pair cause harm or is materially detrimental to property values or improvements within the boundaries of the subdivision and Homeowner's Association, tosurrounding property, or to property or improvements within three hundred (300) feet of the property may also be added ar alternative language. G. 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 CCR's. H. 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, driveway or private street area except for purpose of loading, unloading, making deliveries or emergency, repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. I. Parking spaces shall be permanently and irrevocably assigned to individual condominium units at rates of one space per studio unit , 1.5 spaces per one bedroom unit, and two spaces per two bedroom unit. A total of 60 guest parking spaces shall be established and maintained within the common area and shall be marked and used~.~or guest parking only. J. ~The occupants of the studio ~ units (Plan A) shall be restricted to a maximum of one vehicle .per unit within the project. K. Condominium units shall not have separate external television and radio antennas. Either a central antennae shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be prewired and served by an underground cable antenna service provided by a company licensed to provide such service within the city. L. All utility services serving the site shall be installed and maintained underground. Resolution No. 2694 'Exhibit A Page nine M. 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 & P, violations. N. Disclosure information shall be provided related to aircraft noise. impacting the subdivision, as approved by the City of Tustin Community Development Department. O. Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary by a Homeowner's As.sociation. This shall not preclude a Homeowner's Association assessing charges 'to individual property owners for structural damage to the wall or fence. P. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. Q. Owners of units adjacent to the boundary between Parcel 1 and Parcel 2 of Parcel Map 88-315 shall be informed of potential development of a high school on Parcel 2. TENANT/HOMEBUYER NOTIFICATION (1) 8.1 Prior to issuance of Certificate of Occupancy: A. A document separate from the deed shall be recorded which will be an information notice to future tenants/homebuyers of aircraft -noise impacting the subdivision. 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. B. The Subdivider shall submit for review and approval of content by the Director of Community Devel'opment, 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. Resolution No. 2694 Exhibit A Da ge ten C. The subdivider shall submit for review and approval by the Director of Community Development, a copy of the "Notice to Prospective Tenants of Intent to Convert to Condominiums" that shall be provided to all prospective tenants prior to acceptance of any rent or deposit, in order to comply with Section 66452.51 of the Subdivision Map Act. D. The Subdivider shall provide the City with a copy of the approved aircraft/helicopter noise statement whic'h 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. E. The developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director oi~ 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 homeb~yers that prop6sed school sites may never be constructed. F. The Subdivider shall provide the City with a statement which must be signed by each tenant/h'omebuyer which ih'all contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. (1) 8.2 Subdivider shall notify all potential homebuyers of the following (6) Assessment/Maintenance Districts affecting the property: A. Assessment District 85-1 B. City of Tustin 1982 Landscaping and Lighting District as amended. FEES (1) 9.1 Prior to recordation of any final map, Subdiv.ider shall pay plan check and (3) inspection f-ees for all public and/or private infrastructure improvements (6) within City's responsibility excluding those' financed by an Assessment (9) District. 9.2 Prior to issuance of certificates of use or occupancy, 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. Resolution No. 2694 Exhibit A --~age el even (1) 9.3 Prior to issuance of any building permits, payment shall be made of all (3) required fees including: (6) (9) A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. Ce Grading plan checks and permit fees to the Community Development Department. De All applicable Building plan check and permit fees to the Community Development Department. E. New development fees to the Community Development Department. F.. School facilities fee to the Tustin Unified School District subject to any agreement Peached and executed between the District and the Irvine Company. G.. East Tustin Facility Fees for Civic Center Expansion, Irvine Boulevard widening and Fire Protection' Facility/Equipment (as revised o~ November 1, 1989) based on methodology established in Resolution No. 88-12. GENERAL (1) 10.1 Within 24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance v~ith subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant · to Section 9335.08 of the Tustin Municipal Code. (1) 10.2 Prior to occupancy of any units as condominiums, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 10.3 Prior to final map approval. ? A. Subdivider shall submit a current title report. -... Be Provision for landscaping maintenance and ownership of landscape lots along Myford Road and Heritage ~'~ay shall be the responsibility of tile adjoining property oWners and/or Homeowner's Association of Tract 13735. (1) 10.4 Prior to actual conversion of rental units to condominium units for sale, the subdivider shall complete construction and obtain final .b. uilding permit approval for 100 additional covered parking space structures required by the East Tustin Specific Plan (two covered parking spaces per each two bedroom unit compared to one covered space per two bedroom unit for apartments.) An estimated schedule for construction of said structures shall be submitted for review by the Community Development Department prior to final map approval. Resolution No. 2694 Exhibit A -~Page twelve C'. Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/_~ inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to certificate of acceptance. (1) 10.4 Subdivider shall conform to all applicable requirements of the State (9) Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin (5) Specifc Plan and Development Agreement, EIR 85-2, and applicable cond, itions (2) for Final Parcel Map 88-315, as contained in Planning Commission Resolution No. 2627, incorporated herein by reference. (1) 10.5 The cumulative number of residential units for which certificates of occupancy (5) may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development. Agreement. 10.6 The Browning Corridor Aviation Easement and G.C.A. Easement as outlined in the Memorandum of Understanding dated july, 1985 between the United States Marine Corps, the City of Irvine and the City of Tustin, shall be indicated on Tract Map 13735. 10.7 Prior to release of building permits, all conditions of approval of Design Review 88-46 and Conditional Use Permit 89-32 for the subject project shall be complied with as shown on Exhibit A attached to Resolution 2693 and incorporated herein by reference. 10.8 Reciprocal access (vehicular, parking and pedestrian) easements between .all lots created by Vesting Tentative Tract 13735 shall be noted on any final map. 10.9 Applicant shall sign and return an Agreement to Conditions Imposed form prior to issuances'of any permits. 10.10 Prior to issuance of any permits, the subdivider shall submit a list of proposed street names for review and approval by the City's Street Naming Committee. 10.11 Approval of this Vesting Tentative Tract Map shall be subject to City Council · ~approval of Fin. al Parcel Map 88-315. ., 10.12 Within 90' days of completion of a high school, the subdivider shall install security gates at all vehicular entries. Plans for said gates shall be reviewed and approved by the Community Development Department prior to installation. SR:kbc 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 · 18 i9 20 21 22 23 2~ 25 26 27 28 RESOLUTION NO. 89-168 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 13735 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Counciff of the City of Tustin does hereby resolve as follows: I · The City Council finds and determines as follows: ae The Vesting Tentative Tract Map 13735 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 fo'r 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 satisfies all requirements of the California Environmental Quality Act. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 1(; 17 18 i9 2O 21 22 23 2~ 25 26 27 28 Resolution No. 89-168 November 20, 1989 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. 2694 recommending approval of Vestin~ Tentative Tract Map 13735' and Exhibit A of Planning Commission Resolution No. 2693 and City Council Resolution No. 89-169 approving Vesting Tentative Tract Map 13735. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 20th day of November, 1989. URSULA E. KENNEDY, Mayor MARY WYNN, City Clerk 1 2 3 4 5 6 8 9 10 ll 12' 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 13735 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. 13735 was submitted to the Planning Commission by Regis Contractors, Inc. for consideration. Be That a public hearing before the -Planning Commission was duly called, noticed and for said Map on October 23, 1989. Ce That an Environmental Impact Report (Final 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 with amendments, Development Agreement and Subdivision Map Act as it pertains to the development of single family dwellings. E® The 1. 6236 acre of parkland requirement of this project was previously dedicated with recordation of Tract Map 12870. F® That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85~2, the impacts of Vesting Tentative Tract Map 13735 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 have been adequately~addressed. ] 2 4 5 6 8 9 10 11 12 13 14 15 1(~ 17 18 i9 2O 21 23 2~ 25 26 27 28 Resolution No. 89-169 Page two Ge 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. 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 ~asements 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 improvements proposed are not likely to cause serious public health problems. II. The City Council hereby approves Vesting Tentative Tract Map No, 13735 subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 2693 and Exhibit A of Planning Commission Resolution No. 2694, incorporated herein. by reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 20th day of November, 1989. MARY WYNN, City Clerk URSULA E. KENNEDY, Mayor