HomeMy WebLinkAboutConsent Calendar #9 10-07-87AG FA.z.o 0 , �7 NO. CONSENT CALENDAR
ti`�1� 10-7-87
EWTE: OCTOBER 7, 1987
\SWV Inter - Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: TENTATIVE TRACT MAP 13038 (RANCHO ROBLES APARTMENTS)
RECOMMENDED ACTION:
It is recommended that the City Council: 1) approve Environmental Determination
project by adoption of Resolution No. 87-116, 2) approve Tentative Tract Map
No. 13038 as recommended by the Planning Commission by the adoption of
Resolution No. 87-115.
SUMMARY:
The Planning Commission at a regular meeting on September 28, 1987 recommended
to the City Council approval of Tentative Tract Map 13038 subject to conditions
;Dntained in Exhibit A to Resolution No. 2431.
The proposed tract map would subdivide a 15.5 acre site into seven (7) numbered
and five (5) lettered lots (for landscape maintenance purposes) permitting the
development of 252 multiple family dwelling units. The primary purpose of the
map is to facilitate financing of the project. However, the applicant is also
requesting at this time that the Tentative Tract Map be for condominium purposes
so that at some future date the project could be converted to condominium units
without an additional map being required.
In conjunction with the proposed project, the Planning Commission at their
meeting of September 28th also approved Conditional Use Permit 87-20 which would
authorize initial construction and occupancy of the project as apartments and
Design Review 87-13 approving the specific site plan and architectural design of
the project.
The proposed project is bordered by Irvine Boulevard on the north, Heritage Way
on the south, Myford Road on the west and a proposed neighborhood retail site
(Lot 13) to the east. Other planned or anticipated development in the vicinity
of the project includes a proposed 240 unit townhouse development to the south
across Heritage Way, a proposed high school to the west across Myford Road and a
neighborhood park to the southwest.
DISCUSSION:
Submitted development plans for the Rancho Robles
story apartment buildings on a 15.5 acre parcel.
the Medium High Density category (up to 25 dwelling
the Multi-family/Condominium District regulations.
the project is 16.3 units per acre.
project propose 54 two (2)
The project is classified in
units per acre) and follows
Actual density proposed for
City Council Report
October 7, 1987
Tentative Tract No. 13038
Page two
The predominate feature of the site plan for the project is the grouping of
units in a "U-shaped" fashion around parking courts each served off of an
internal loop system.
A more detailed description of the Rancho Robles project is discussed in the
attached "Report to the Planning Commission" dated September 28, 1987.
ANALYSIS•
As indicated in the attached Planning Commission report all requirements of the
East Tustin Specific Plan have been met. However, there are a number of issues
pertaining to the project which should be identified.
Conversion of Apartment Project to Condominiums - As a condition of approval of
tact 12763, an affordable ous ng program or East Tustin was outlined by the
Irvine Company. In that program it was demonstrated that affordable housing
would be provided in East Tustin by the development of apartment projects. The
developer was encouraged to seek financing through bond programs or other
funding sources to facilitate provision of rental units at an affordable level.
Provided Rancho Robles is constructed, and remains an apartment project, the
affordable housing mandate of the Specific Plan Development Agreement can be
met. In the event that the project is converted to condominiums, a revised
housing program will be required. Other issues to consider with this aspect of
the map involve: A future condominium plan; tenant notification; and the
establishment of Covenants, Conditions, and Restrictions (C. C. & R.'s). Staff
believes that these concerns are all addressed adequately as Conditions of
Approval in Exhibit A of Planning Commission Resolution No. 2431.
School Facilities - Correspondence has been received from the Tustin Unified
School str ct on Tentative Tract Map 13038 (see attachment).
While the Council may recall that school facilities were reserved'in conjunction
with Tract Map 12763, the School Facilities Agreement between the Irvine Company
and the Tustin Unified School District provides that the Irvine Company would
not process for approval by the City final residential builder maps until an
agreement is reached between the Company and District providing a funding
mechanism for provision of adequate school facilities in East Tustin.
In adopting the East Tustin Specific Plan, the City agreed to review the status
of the implementation of the School Facilities Agreement at subsequent levels of
project approvals, such as the approval of tentative builder residential tract
maps and would address the impact of a project on District Facilities when
tentative builder residential tract maps are submitted for approval.
Prior to filing of Tentative Tract Map 13038, the City did request information
from the District and Company on the status of School financing. While, no
Community Development Department
City Council Report
October 7, 1987
Tentative Tract Map 13038
Page three
response has been received from the District, correspondence was received from
the Irvine Company on September 21, 1987 (see attachment). As indicated in
their letter, the Company has prepared a Preliminary School Facilities and
Financing Plan for the Tustin Ranch community which was then sent to the
District on July 13, 1987. In addition, on August 14, 1987, they forwarded to
the District a Technical Supplement to the plan which provided a more detailed
explanation of the methodology used in the preparation of our Preliminary
Financing and Facility Plan.
While the Company has reached no conclusions with the District on the plan,
Staff feels that there has been a good faith effort by the Company to address
the requirements for the East Tustin Plan.
In conclusion, 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 Tentative Tract Map 13038 on
School District facilities, and reviewed changes in State law, and finds and has
determined that the impacts on School District facilities by approval of this
map are adequately addressed through the reservation of a high school site and
elementary site in conjunction with Tentative Tract Map 12763, and imposition of
school facilities fees as a condition of approval of Tentative Tract Map 13038.
Environmental Analysis - Based upon review of the subject map as well as
l: vironmenta mpact 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 City Council make the finding that requirements of the
California Environmental Quality Act have been met and that no further
environmental review is required by adoption of Resolution No. 87-114.
CONCLUSION
With the inclusion of conditions of approval listed in Planning Commission
Resolutions 2431, it is recommended that City Council approve of Tentative Tract
Community Development Department
City Council Report
October 7, 1987
Tentative Tract Map 13039
Page four
Map 13038 by the adoption of Resolution No. 87-116 and determine that EIR 85-2
adequately addresses environmental issues relative to this project by the
adoption of Resolution No. 87-115.
14
W4 g, ltk
ey av , r st neA. Shingleton,
or Panner Directory of Community Develo ment
-- JSD:CAS:ts:pef
Attachments: Resolution No. 87-115
Resolution No. 87-116
* School District Correspondence
* Irvine Company Correspondence
Planning Commission Resolutions No. 2428, 2429, 2430, & 2431
* Please reference Planning Commission Agenda (9-28-87) Item No. 3.
Community Deveiopment Department
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RESOLUTION NO. 2428
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT
REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS
ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE
TRACT MAP 13038, CONDITIONAL USE PERMIT 87-20 AND
DESIGN REVIEW 87-13 AND ALL FEASIBLE MITIGATION
MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. Tentative Tract Map 13038 and respective development plans are
considered "projects" pursuant to the terms of the California
Environmental Quality Act; and
B. The projects are covered by a previously certified final
environmental impact report for the East Tustin Specific Plan
which serves as a Program EIR for the proposed project and;
II. The East Tustin Specific Plan final Environmental Impact Report
previously certified on March 17, 1986 was considered prior to
approval of these projects. The Planning Commission hereby finds:
the(se) projects are within the scope of the East Tustin Specific
Plan previously approved; the effects of the(se) projects were
examined in the Program EIR; and all feasible mitigation measures and
alternatives developed in the Program EIR are incorporated into
the(se) projects. , The Final EIR is therefore determined to be
adequate to serve as a Program EIR for these projects and satisfies
all requirements of CEQA.
Applicable mitigation measures identified in the Final EIR have been
incorporated into the(se) projects which mitigate any potential
significant environmental effects thereof. The mitigation measures
are identified as Conditions on Exhibit A of Resolution No. 2431
approving Tentative Tract Map 13038, and Exhibit A of Resolution No.
2429.
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Resolution No. 2428
Page two
PASSED AND ADOPTED by the Planning Commissio ;of the City of Tustin at a
regular meeting held on the L;2E�)7_ day of �; 198_Z, by
the following roll call vote:
AYES: 0
NOES: <
ABSENT:
KATHY W
-� Chairman
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. was duly passed and 40opted at a regular meeting of
the Tustin Planning Commission, held on the v78dayof�,�..,�/,e4
198.
PENNIFOLEY
;ording Secretary
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RESOLUTION NO. 2429
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-13, A
PROJECT WITH 252 APARTMENT UNITS ON 15.5 ACRES TRACT
(LOT 12 OF TRACT 12763).
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, Design Review No. 87-13, was filed
on behalf of Irvine Pacific, requesting approval of an apartment
project with 252 units to be later converted to condominiums.
B. That a public hearing was duly called, noticed and held on said
application on September 28, 1987.
C. Pursuant to Section 9272 of, the Tustin Municipal Code, the
Commission finds that the location, size, architectural features
and general appearance of the proposed development will not
impair the orderly and harmonious development of the area, the
present or future development therein, the occupancy as a
whole. In making such findings, the Commission has considered
at least the .following items:
1.. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and
television antennae.
7. Landscaping, parking area design and traffic circulation.
8. Location, height and standards of exterior illumination.
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Resolution No. 2429
Page two
9. Location and appearance of equipment located outside of an
enclosed structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing
structures in the neighborhood.
12. Appearance and design relationship of proposed structures
to existing structures and possible future structures in
the neighborhood and public thoroughfares.
13. Proposed signing.
14. Development Guidelines and criteria as adopted by the City
Council.
II. The Planning Commission conditionally approves Design Review 87-13
authorizing construction of a project with 252 apartment units
subject to conditions attached hereto as Exhibit A.
PASSED AND ADOPTED ata regularmeeting of the Tustin Planning Commission,
held on the „'�L day of L 1982.
PENNI FOLEY-,
Secretary
KATHY WtlLU
Chairman
EXHIBIT A
DESIGN REVIEW 87-13
CONDITIONS OF APPROVAL
RESOLUTION NO. 2429
GENERAL
1.1 The proposed project shall substantially conform with the submitted site plan
for the project date stamped August 26, 1987 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.
1.2 Unless otherwise specified, the conditions contained in this exhibit shall be
complied with prior to the issuance of any building permit for the project,
subject to review and approval by the Community Development Department.
1.3 Design review approval shall be become null and void unless building permits
are issued within eighteen (18) months of the date on this exhibit.
1.4 At building plan check, construction plans, structural calculations, and title
24 energy calculations must be submitted. Requirements of the Uniform
Building Codes, State Handicap and Energy Requirements must be complied with
as approved by the Building Official.
1.5 At building plan check, provide preliminary technical detail and plans for all
utility installations including cable TV, telephone, gas, water and
electricity. Additionally a note on plans shall be included stating that no
filed changes shall be made without corrections submitted to and approved by
the Building Official.
1.6 At building plan check submittal of final grading and specifications
consistent with the site plan and landscaping plans and prepared by a
registered engineer for approval of the Community Development Department is
required.
1.7 Submittal of a precise soils engineering report provided by a soils engineer
within the previous twelve (12) months.
1.8 Applicants shall satisfy all Public Works Department requirements including
but not limited to all conditions contained in Resolution No. 2431.
1.9 Applicant shall comply with all requirements of the Orange County Fire Chief
including required fireflow; installation, where required, of fire hydrants
subject to approval of the Fire Department, City of Tustin Public Works
Department and Irvine Ranch Water District and compliance with all
requirements pertaining to construction.
1.10 Submittal of 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 45dBa's.
Exhibit A
Resolution No. 2429
Page two
1.11 Detailed plans for pool and spa areas must be reviewed and approved by the
Orange County Health Department. All pool and spa areas must be enclosed by a
five foot high fence with self-closing and self -latching gates with access by
key only with vertical openings no wider than 6
1.12 In recreation areas, pool and spa facilities shall be rough plumbed for solar
heating equipment.
SITE AND BUILDING CONDITIONS
2.1 All exterior colors to be used shall be consistent with materials board on
file with the Department of Community Development subject to final review and
approval of the Director of the Community Development Department. Final
elevation plans shall include materials board legend. All exterior treatments
must be coordinated with regard to color, materials and detailing and noted on
submitted plans.
2.2 A six foot high chain linked fence shall be installed around the site prior to
building construction stages. Gated entrances shall be permitted along the
perimeter of the site for construction vehicles.
2.3 Trash enclosures to have solid metal self closing; self latching gate. Said
enclosure shall be screened by a decorative wall of a minimum height of six
feet and if required a dense type landscaping. The actual location of said
areas and types of screening shall be subject to approval by the Director of
the Community Development Department.
2.4 All mechanical and electrical fixtures and equipment shall be adequately and
decoratively screened. The screen shall be considered as an element of the
overall design of the project and must blend with the architectural design of
buildings. All telephone and electrical boxes must be indicated on the
building plans and must be completely screened and located in the interior of
the building. Electrical transformers must be located toward the interior of
the project maintaining a sufficient distance from frontage of the project.
2.5 Indicate lighting scheme for project, note locations of all exterior lights
and types of fixtures, lights to be installed on building 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 Department of Community
Development and the Tustin Polic Department in accordance with the Tustin
Security Ordinance. Project shall comply with the reasonable available
control measures of the south Coast Regional Air Quality Management District
including use of energy conserving street lighting.
2.6 A detailed plan showing security installations (i.e. locks and windows) within
units shall be submitted to and approved by the Tustin Police Department
pursuant to provisions of the Security Ordinance.
Exhibit A
Resolution No. 2429
Page three
2.7 Provide final master sign plan to include: a) project identification; b)
traffic, parking and facilities for the handicap; c) all street identification
with illuminated building address numbering. Provide generalized location,
sizes, design and colors. On-site address and directional sign displays shall
be subject to review and approval of Tustin Police Department, and Community
Development Department.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
3.1 The use of Hedera Helix (English Ivy) shall be minimized. In addition, a
combination of ground cover and turf is recommended instead of the use of one
type of ground cover alone in large areas.
3.2 Final landscaping plans shall provide/highlight the buffer from the school
site on the Myford Road side. Buffer may consist of mature bermed landscape,
combination of shrubs having a hedge or fence.
3.3 Landscaping plans shall address the control of fertilizers, pesticides, and
irrigation water runoff.
3:.4 Future formal submittals shall substantially conform to the submitted
landscaping concept plan on file with the Department of Community Development,
as herein and modified or as modified by the Director of Community Development
pursuant to the City's Design Review procedures.
3.5 At plan check stages a completely detailed landscape and irrigation plan must
be submitted with whatever scale necessary to depict adequately what is
occurring. Provide summary table applying indexing identification to plant
materials in there actual location. The plan and table must list bota-ntical
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 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 quanity materials during plan
check. Note on landscaping plan that coverage of landscaping irrigation
materials is subject to field inspection at project completion by the
Department of Community Development.
Exhibit A
Resolution No. 2429
Page four
3.6 The submitted landscaping plans at plan check must reflect the following
requirements for areas not included in master landscape plan for Tract 12763:
a) Turf is unexceptable for grades over 25% a combination of planning
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 property parameter and five 5 gallon shrubs. Any
parameter parking lot tree shall be planted in planters of sufficient
width to provide a 2 1/2 foot minimum clearance for vehicle overing.
c) Provide one 15 gallon tree for each 5 parking stalls within a parking lot
and five 5 gallon shrubs per 25 lineal feet of parking lot area. At
least 5% of any parking lot area and any additional portion not actually
used for movement parking of vehicles shall be landscaped with trees,
shrubs and ground cover.
d) In multiple family project or condonimum projects provide one tree for
each two units within open space areas and around units.
e) In addition to our required street trees, provide landscaping adjacent to
structures on the site including one 15 gallon tree for every lineal foot
of exterior wall.
3.7 All newly planted trees shall be staked according to City standards.
3.8 Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8
feet on center when intended as screen planning.
3.9 Ground cover shall be planted between 8 to 12 inches on center.
3.10 When 1 gallon plant sizes are used the spacing may vary according to materials
used.
3.11 Up along fences and or walls including trash storage and equipment areas
provide landscaping screening with shrubs, and or vines and trees on plan
check drawings.
3.12 Buffer parking areas with a 30 inch minimum height buffer, wherever possible,
and provide a vision clearance at driveway access points to ensure no
restrictions on visibility.
3.13 All plant materials shall be installed in a healthy vigorous condition typical
to the species.
Exhibit A
Resolution No. 2429
Page five
3.14 All landscaping shall be enclosed by a minimum 6 inch high concrete curb where
appropriate and as determined at plan check level.
3.15 Landscaping must be maintained in a neat and healthy condition, this will
include but not be limited to triming,-mowing, weeding, removal of litter,
fertilizing, regular watering, or replacement of disease or dead plants.
3.16 In irrigation areas controller to be enclosed in lockable housing. Design
irrigation systems to provide sufficient coverage of avoiding water overspray
on buildings and sidewalks. Note of this requirement to be on plan check
drawings.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the lann ng Commission of the City of Tustin, California; that
Resolution No. was duly passed and adopted
pted at a% egu ar eting of
the Tustin Planning Commission, held on the ,�%g day of ,"���
1982.
-DFNNI FOLEY
:ording Secreta
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RESOLUTION NO. 2430
A RESOLUTION OF THE PLANNING "COMMISSION OF
THE CITY OF TUSTIN AUTHORIZING CONSTRUCTION
AND APPROVING CONDITIONAL USE PERMIT 8.7-20
OF 252 APARTMENT UNITS ON TRACT 13038 (LOT
12 OF TRACT 12763) WITHIN THE EAST TUSTIN
SPECIFIC PLAN AREA.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, Use Permit No. 87-20 has been filed
on behalf of Irvine Pacific to authorize the construction of 252
apartment units in Tract 13038 within the East Tustin Specific
Plan area.
B. That a public hearing was duly called, noticed and held on said
application.
C. That establishment, maintenance, and operation of the use
applied for will not, under the circumstances of this case, be
detrimental to the health, safety morals, comfort, or general
welfare of the persons residing or working in the neighborhood.
1. Project design and architecture is compatible with existing
surrounding urban area.
2. Project is consistent with East Tustin Specific Plan
Regulations and Development Standards.
D. That the establishment, maintenance, and operation of the use
applied for will not be injurious or detrimental to the property
and improvements in the neighborhood of the subject property,
not to the general welfare of the City of Tustin, and should be
granted.
E. Proposed development shall be in accordance with the development
policies adopted by the City Council, Uniform Building Codes as
administered by the Building Official, Fire Code as administered
by the Orange County Fire Marshal and street improvement
requirements as administered by the City Engineer.
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Proposed project is covered by the Environmental Impact Report
No. 85-2 previously certified for the East Tustin Specific Plan.
Final development plans shall require the review and approval
ofthe Community Development Department.
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Resolution No. 2430
Page two
11. The Planning Commission hereby approves Conditional Use Permit No.
87-20 to authorize construction of 252 apartment units on Tract
13038, previously Lot 12 of Tract -12763, subject to the conditions
stated on Exhibit A of Resolution No. 2429 and Exhibit A of
Resolution No. 2431.
PASSED AND ADOPTED at a regular;�,meetin of the Tustin Planning Commission,
held on the '7 day of,Lf�_ 7 -„ _ , 198Z.
renin roiey,
Recording Secretary
Kathy vie ,
Chairma
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I. PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 02 zdQ was duly passed and a opted at a gular meeting of
the Tustin Planning Commission, held on the,,,; ay of ,
1982. Ir
(��
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.NN OLE
:ording Secretary
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RESOLUTION NO. 2431
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN
CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP
NO. 13038
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That Tentative Tract Map No. 13038 was submitted to the Planning
Commission on behalf of Irvine Pacific Company for
consideration.
B. That a public hearing was duly called, noticed and held for said
map.
C. That an Environmental Impact Report (EIR 85-2 for the East
Tustin Specific Plan) has been certified in conformance with the
requirements of California Environmental Quality Act for the
subject project area.
D. 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 multiple family dwellings.
E. That 1.6632 acres of parkland required of this project was
previously dedicated with recordation of Tract 12763.
F. That the City has reviewed the status of the School Facilities
Agreement between the Irvine Company and the Tustin Unified
School District and has determined that the impact of this
Tentative Tract Map approval on District Facilities will not be
adverse and has been adequately mitigated by reservation of two
school sites, a high school site and elementary site in
conjunction with Tentative Tract Map 12763, and imposition of
school facilities fees as a condition of approval of Tentative
Tract Map 13038.
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.
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Resolution No. 2431
Page two
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 easements 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 Planning Commission hereby recommends to the City Council
approval of Tentative Tract Map No. 13038 subject to the conditions
attached hereto as Exhibit A.
PASSED AND ADOPTED ,at a regular eting of the Tustin Planning Commission,
held on the �ay of 1987.
JC I G U"I J
KATHY WE�L./
Chairman
Resolution 2431
EXHIBIT A
CONDITION OF APPROVAL FOR TENTATIVE TRACT MAP 13038
PUBLIC/PRIVATE INFRASTRUCTUE 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. Curb and gutter/cross gutters
B. Sidewalks including access facilities for physically handicapped
persons
C. Drive aprons/approach
D. Street paving
E. Street signing and paving
F. Landscaping/irrigation facilities
G. Sanitary sewer service facilities
H. Domestic water service facilities
I. Reclaimed water service facilities
J. Utility corrections (i.e. gas, electric, telephone, and cable T.V.
facilities)
K. Traffic signal systems and other traffic control devices
L. Street and trail lighting
M. Storm drains and subdrains - corrections to public facilities (the
storm drain facilities within this tract will be private drains to
be.maintained by an association
N. Undergrounding of existing and proposed utility distribution lines
0. Lot monumentation
P. Fire hydrants
Q. The amount and 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.
Resolution No. 2431
Exhibit A
Page two
1.2 All construction within a public right-of-way and/or public easement must
be shown on a separate 24" X 36" plan with all construction referenced to
applicable City, County, Irvine Ranch Water District standard drawing
numbers.
1.3 All changes in existing curbs, gutters, sidewalks and other public
improvements shall be responsibility of subdivider.
1.4 Placement of all above ground facilities, such as signing, street lights,
fire hydrants shall be behind the sidewalk when said sidewalks are
constructed adjacent to the curb within the public right-of-way.
1.5 Preparation of plans for and construction of 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.
1.6 Preparation of plans for and construction of a domestic water system to
the standards of the Irvine Ranch Water District/City of Tustin Water
Service, whichever is applicable at the time of plan preparation is
required. 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.
1.7 Proposed streets shall be designed to the following specifications:
A. All private streets shall be at least 28 ft.in width from curb to
curb.
B. All proposed streets shall be designed in substantially the same
alignment as shown on the approved tentative tract map unless
modified and approval by Director of Public Works/Director of
Community Development.
C. All private and public streets shall be constructed in accordance
with City standards for private and public streets as adopted.
D. The following streets must be posted "No Parking": Heritage Way and
Myford Road.
Resolution No. 2431
Exhibit A
Page three
1.8 The subdivider shall satisfy dedication and/or reservation requirements
as applicable, including, but limited to the following:
A. Dedication of all required street and flood control right-of-way
defined and approved as to specific location by the City Engineer
and other responsible agencies.
B. Additional right-of-way shall be dedicated where private streets
Join public streets. The right-of-way line shall follow the back
edge of the sidewalk thereby placing the curb return and adjacent
sidewalk within the public right-of-way. No embossed concrete
paving will be permitted in this area.
1.9 Prior to recordation of the Final map, subdivider shall post with the
Community Development Department a minimum $2,500 cash deposit or letter
of credit to guarantee the sweeping of streets and cleanup -of streets
affected by construction activities. In the event thisdeposit is
depleted prior to completion of development or City acceptance of public
streets, an additional incremental deposit will be required.
1.10 Any damage done to existing street improvements and utilities shall be
repaired before acceptance of the tract and/or issuance of a Certificate
of Occupancy for development on any parcel within the subdivision.
1.11 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.
1.12 Each unit shall be provided with separate electric and gas meters when
such service is supplied.
1.13 Each unit shall be equipped with separate water meters or a separate
water shutoff valve.
1.14 Private streets, storm drain, water and sewer improvement plans shall
comply with "City of Tustin Minimum Design Standards for On-site Private
Street, & Storm Drain Improvements".
1.15 Landscape Lots C and D to be the responsibility of adjoining property
owner and/or future Homeowners Association.
Resolution No. 2431
Exhibit A
Page four
GRADING/DRAINAGE
2.1 Prior to issuance of precise grading permits, a detailed
engineering geotechnical and/or soil 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
the Alquist-Priolo special studies project.
2.2 Prior to issuance of grading permits, preparation and submittal of a
final grading plan subject to approval of the Department of Community
Development delineating the following information:
A. Final street elevations at key locations.
B. Final pad/finish floor elevations and key elevations for all site
grading. All pad elevations to be a minimum of 1.0 feet above base
flood elevation as defined by FEMA.
C. Compliance with conceptual grading shown on tentative tract map.
D. All recommendations submitted by geotechnical or soil engineer and
specifically approved by them.
E. Methods of drainage in accordance with all applicable City
standards.
F. A drainage plan and necessary support documents to comply with the
following requirements:
1) 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. -
2) Elimination of any sheet flow and ponding.
3) Provision of drainage facilities to protect the lots from any
high velocity scouring action.
4) Provision for contributory drainage from adjoining properties.
G. All flood hazard areas of record.
H. 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.
Resolution No. 2431
Exhibit A
Page five
2.3 Preparation of a sedimentation and erosing control plan for all
construction work related to the subject Tract including a method of
control to prevent dust and windblown earth problems.
2.4 A precise grading permit shall be issued prior to issuance of any
building permits within the subject Tract.
2.5 Prior to the issuance of precise grading permits, the Subdivider shall
submit a construction traffic routing plan to be reviewed and approved by
the Director of Public Works.
2.6 Prior to issuance of precise grading permits, written approval must be
obtained from adjacent property owners for rights -of -entry on
construction activity across lot lines.
2.7 A qualified paleontologist/archealogist, as appropriate shall be present
during rough grading operations. If resources are found, work shall stop
in the affected area and all resources shall be excavated or preserved as
deemed appropriate or as recommended by the paleontologist/archealologist
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/archealogist shall attend the pregrade construction
meeting to ensure that this condition and necessary procedures in the
event of a "find" are explained.
2.8 All earthwork shall be preformed in accordance with the City of Tustin
Municipal Codes and grading requirements.
FIRE DEPARTMENT
3.1 The subdivider shall comply with all requirements of the Orange County
Fire Marshall, including required fire flow, installation where required
of fire hydrants subject to approval as to location by the Fire
Department, City of Tustin Public Works Department and Irvine Ranch Water
District, and compliance with all . requirements pertaining to
construction.
3.2 Prior to issuance of building permits for combustible construction,
evidence that adequate water supply for fire protection is available
shall be submitted and approved by the Orange County Fire Marshall.
3.3 A construction phasing plan shall be reviewed and approved by the Fire
Chief for the evaluation of emergency vehicles access.
3.4. The project entry access roads and the main loop street shall have "No
Parking - Fire Lane" signs and shall comply with the Uniform Fire Code
Regulations, Section 10.207 and California vehicle Code, 22658(8).
Resolution No. 2431
Exhibit A
Page six
NOISE
CCR'S
4.1 Prior to the issuance of any building permits, a final acoustical
analysis report describing the acoustical design features of the
structures required to satisfy the exterior and interior noise
standards shall be submitted to the Tustin Community Development
Department for approval along with satisfactory evidence which indicates
the the sound attenuation measures specified in the approved acoustical
report(s) have been incorporated into the design of the project. The
acoustical analysis shall be prepared by an expert or authority in the
field of acoustics.
Prior to issuance of any building permits for any project that falls
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 provide information on single event
noise measurements as generated by helicopter flyovers for information
purposes only.
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. 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.
4.2 Prior to issuance of any Certification of 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.
4.3 All construction operations including engine warm up shall be subject to
the provisions of the City of Tustin Noise Ordinance and shall take
place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through
Friday unless the Building Official determines that said activity will
be in substantial conformance with the Noise Ordinance and the public
health and safety will not be impaired subject to application being made
at the time the permit for the work is awarded or during progress of the
work.
Prior to approval of the final map, all organizational documents for the
project including any deed restrictions, covenants, conditions, and
restrictions shall be submitted to and approved by the Community
Resolution No. 2431
Exhibit A
Page seven
Development Department. 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. The City shall be included as a party to the C.C. & R's for
enforcement purposes.
B. Parking spaces shall be permanently and irrevocably assigned to
individual condominium units at a rate of 2.25/1 parking spaces
per dwelling, at least one (1) of which shaTT--e covered for 2
bedroom unit and 2 covered spaces for 3 bedroom units. An
additional 63 guest parking spaces shall be established within the
common area and shall be marked and used for guest parking only.
C. Condominium units shall not have separate television and radio
antennas. Either a central antenna shall be provided with
connections to each unit via underground or internal wall wiring, or
each unit shall be served by undergrounded cable antenna service
provided by a company licensed to provide such service within the
City.
D. Provision for effective establishment, operation, management use,
repair and maintenance of all common areas and facilities including
private drive, landscaping, utilities, recreational facilities,
common areas, walks and fences through a homeowner's association or
equivalent. Membership in said association shall be inseparable
from ownership in individual lots.
E. Architectural controls which shall include but not be limited to
provisions regulating roof materials, exterior finishes, walls,
fences, lighting, landscaping, etc.
F. Landscaping, including vegetation, irrigation systems, and earth
mounding shall be installed as provided in the Development Plan and
shall be permanently maintained in good, first-class condition;
healthy, without deterioration; and free of waste and debris. City
shall have the right to remedy any default and enter property and be
reimbursed for the cost of such remedy.
G. Declarant, the Association, and all Owner(s) shall be required to
maintain the property in good and first-class condition, and in such
a manner as to avoid the reasonable determination of a duly
authorized official of the City that a public nuisance has been
created by the absence of adequate maintenance such as to be
detrimental to public health, safety, or general welfare, or that
such a condition of deterioration or disrepair causes harm or is
materially detrimental to property or improvements within one
thousand (1,000) feet of the property.
H. Non -automotive vehicles, boats, trailers, or non -automotive storage
shall not be allowed in any parking, driveway or private street
area. Any vehicle with a width in excess of 84 inches shall not be
allowed in any parking, driveway, or private street area except for
purpose of loading, unloading, making deliveries or emergency
repairs.
Resolution No. 2431
Exhibit A
Page eight
I. No storage of any kind, including trash storage, shall be permitted
outside the building on the Property except in any outside storage
areas approved in the Development Plan. Adequate trash enclosures
shall be provided, screened, and maintained. Gates for trash
storage areas shall be kept closed at all times except when in
actual use.
J. Any construction repair, modification, or alteration of any
buildings, equipment, structures, or improvements on the property
shall be subject to the approval of the City of Tustin Community
Development Department.
K.. All utility services serving the site shall be installed and
maintained underground.
L. Declarant, the Association, and all Owner(s) shall be required to
file the names, addresses, and telephone numbers of each member of
the Association Board and/or the Manager for the project before
January 1st of each year with the City of Tustin Community
Development Department.
M. No amendments to the C.C. & R's or development plan shall be
recorded without the prior approval of the City of Tustin Community
Development Department.
N. CC&R's, shall provide section refering to legal and practical
agreements on the utilization of reciprocal easements between owners
of the different lots. Such information shall be submitted for City
review prior to issuance of Certificate of Occupancy.
TENANT/HOMEBUYER NOTIFICATION
6.1 Prior to the issuance of Certificate of Occupancy, the subdivider shall
record a document separate from the deed which will be an information
notice to future tenants/homebuyers of roadway/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.
6.2 Prior to the issuance of Certificate of Occupancy, the Subdivider shall
submit an aircraft/helicopter noise letter supplied by the Marine Corps
which shall be reviewed and approved by the Director of Community
Development. This noise letter shall contain, at minimum:
A. The location of any jet or helicopter flight paths over in the
vicinity of the proposed subdivision.
B. The distance of the project from runways in the vicinity.
Resolution No. 2431
Exhibit A
Page nine
C. The probable
aircraft.
frequency of both visual and audible impacts by
D. The type of flight activity causing impact.
E. The general hours during which such aircraft activity can be
expected.
6.3 Prior to issuance of Certificate of Occupancy, 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.
6.4 Prior to the issuance of Certificate of Occupancy, the Subdivider shall
provide the City with a copy of the approved aircraft/helicopter noise
statement which shall contain a disclosure document on aircraft
notification. Said document must be signed by each tenant/homeowner
prior to occupancy of any unit. The content of the statement shall be
approved by the Director of Community Development prior to circulation.
6.5 Prior to the issuance of Certificate of Occupancy, the developer shall
provide the City with a schools notification statement which must be
signed by each tenant/homebuyer and which shall be reviewed and approved
by the Director of Community Development with participation by he
governing school district. Said document must be signed by each
tenant/homeowner prior to occupancy of any unit. The schools
notification statement shall contain the most current available
information on:
A.
The location of existing
and proposed
elementary, middle and high
schools which will serve the subdivision
(text and map).
B.
The type of provider of
transportation
available to transport the
students to the school sites.
C.
The estimated length of
travel time
required to transport the
students to a school site
outside the boundaries
of the project.
D.
The schools notification
statement shall
further advise homebuyers
that proposed school sites
may never be
constructed.
6.6 Prior to issuance of Certificate of Occupancy, the Subdivider shall
provide the City with a statement which shall contain a comprehensive
description of all private and public improvements and developments
adjacent or in close proximity to the proposed development. Said
document must be signed by each tenant/homeowner prior to occupancy of
any unit.
Resolution No. 2431
Exhibit A
Page ten
--- FEES
6.7 Prior to issuance of Certificate of Occupancy, developer shall submit a
homebuyer information packet for the review and approval of the Director
of Community Development. This packet shall be distributed at the time
of sale of any proposed units.
6.8 Subdivider(s) obligation to notify all potential buyers of the various
assessment/maintenance district as follows:
A. Assessment District No. 85-1
B. City of Tustin 1972 Landscaping and Lighting District
6.9 Subdivider has the obligation to notify tenants at the time a
rental/lease agreement is signed, that the apartments will be later
converted to condominiums.
7.1 Prior to recordation of any Final Map, Subdivider shall pay plan check
and inspection fees for all public and/or private infrastructure
improvements within City's responsibility excluding those financed by an
Assessment District.
7.2 Prior to notification of use or occupancy, the Subdivider shall pay all
costs related to the calculation of the revised parcel assessments
(reapportionment costs), the preparation of the revised assessment
diagram and other required administrative duties related to any
Assessment Districts serving the subject subdivision.
7.3 Prior to issuance of any building permits, payment shall be made of all
required fees including:
A. Major thoroughfare and bridge fees to Tustin Public Works
Department
B. Sanitary sewer connection fee to Orange County Sanitation District.
C. Grading planchecks and permit fees to the Community Development
Department.
D. All applicable Building plancheck 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 reached and executed between the District and the
Irvine Company.
Resolution No. 2431
Exhibit A
Page eleven
GENERAL
8.1 Within twenty four months from Tentative Tract Map approval, the
Subdivider shall file with appropriate agencies, a Final Map prepared in
accordance with subdivision requirements of the Tustin Municipal Code,
the State Subdivision Map Act, and applicable conditions contained
herein.
8.2 Prior to occupancy of any units as condominiums the final subdivision map
shall be recorded in conformance with appropriate tentative map.
8.3 The Browning Corridor Aviation 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
13038 and all subsequent subdivision maps.
8.4 Prior to Final Map approval, subdivider shall submit a current title
report.
8.5 Subdivider shall conform to all applicable provisions of the City Code.
All requirements of the State Subdivision Map Act, the City's Subdivision
Ordinance and Zoning Ordinance shall be satisfied.
8.6 Subdivider shall submit a duplicate mylar of the Final Map, or 8 112 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.
8.7 Prior to release of building permits all conditions of approval of Design
Review 87-13 on the subject project shall be complied with as shown on
Exhibit A attached to Resolution No. 2429 and incorporated herein by
reference.
8.8 Adherence to all other pertinent requirements outlined in the East Tustin
Specific Plan Environmental Impact Report No. 85-2 and Developer's
Agreement for East Tustin is required.
8.9 Adherence to all pertinent requirements contained in East Tustin Specifc
Plan and Development Agreement, EIR 85-2, and Tract 12763.
8.10 Prior to recordation of a final map for condominium purposes, developer
shall provide a statement documenting how the project once converted to
condominiums will ensure compliance with the Tustin Specific Plan,
Development Agreement, EIR 85-2 and the Tustin area General Plan as it
relates to provision of affordable housing.
Resolution No. 2431
Exhibit A
Page twelve
8.11 Reciprical access (vehicular, parking and pedestrian) easements between
all lots created by Tentative Tract 13030 shall be noted on any final
map.
8.12 The cumulative number of residential units for which certificate of
occupancy may be issued shall not exceed the cumulative total or square
feet of occupied revenue generating uses as shown in the East Tustin
Specific Plan Development Agreement.
8.13 Construction of project perimeter security fencing and a security gate
shall begin prior to the first unit being sold as a condominium and
construction of said security devices shall be completed within 90 days
of the first unit being sold as a condominium. Construction of gate
shall be in conformance with Fire and Engineering standards and shall be
approved by the Community Development Department.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that 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 gular meeting of
the Tustin P1ann ng commission, held on the o day of
1982L.
NNI FOLEY
:ording Secretary
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RESOLUTION NO. 87-115
A RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF TUSTIN
APPROVING TENTATIVE TRACT MAP NO. 13038
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That Tentative Tract Map No. 13038 was submitted to the Planning -
Commission on behalf of Irvine Pacific Company for
consideration.
B. That a public hearing before the Planning Commission was duly
called, noticed and held for said map.
C. That the Planning Commission forwarded to City Council a
recommendation to approve Tentative Tract Map 13038 by the
adoption of Resolution No. 2431.
D. That an Environmental Impact Report .(EIR 85-2 for the East
Tustin Specific Plan) has been certified in conformance with the
requirements of California Environmental Quality Act for the
subject project area.
E. 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 multiple family dwellings.
F. That 1.6632 acres of parkland required of this project was
previously dedicated with recordation of Tract 12763.
G. 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 Tentative Tract Map 13038 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 through the
reservation of a high school site and elementary site in
conjunction with Tentative Tract Map 12763, and imposition of
school facilities fees as a. condition of approval of Tentative
Tract Map 13038.
H. That the site is physically suitable for the type of development
proposed.
I. That the site is physically suitable for the proposed density of
development.
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Resolution No. 87-115
Page two
J. 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.
K. That the design of the subdivision or the type of improvements
proposed will not conflict with easements acquired by the
public -at -large, for access through or use of the property
within the proposed subdivision.
L. 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 Tentative Tract Map No. 13038
subject to the conditions contained in Exhibit A of Planning
Commission Resolution No. 2431, Planning Commission Resolution No.
2430, and Exhibit A to Planning Commission Resolution No. 2429 and
incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the day of 1987.
Mary E. Wynn
City Clerk
Richard B. Edgar
Mayor
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RESOLUTION NO. 87-116
A RESOLUTION OF THE CITY COUNCIL' OF THE CITY OF
TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT
REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS
ADEQUATE TO -SERVE AS THE PROGRAM EIR FOR TENTATIVE
TRACT MAP 13038 AND ALL FEASIBLE MITIGATION MEASURES
HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. Tentative Tract Map 13038 is considered "project" pursuant to
the terms of the California Environmental Quality Act; and
B. This project is covered by a previously, certified final
environmental impact report for the East Tustin Specific Plan
which serves as a Program EIR for the proposed project and;
II. The East Tustin Specific Plan final Environmental Impact Report
previously certified on March 17, 1986 was considered prior to
approval of this project. The Planning Commission hereby finds: the
project is within the scope of the East Tustin Specific Plan
previously approved; the effect of the project was examined in the
Program EIR; and 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 these projects and satisfies all requirements of
CEQA.
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. 2431 recommending approval of Tentative Tract Map
13038, Planning Commission Resolution No. 2430, Exhibit A of Planning
Commission Resolution No. 2429 and Resolution No. 87-115 approving
Tentative Tract Map 13038.
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 7th day of October, 1987, by the following roll
call vote:
City Clerzz nn
Richard B. Edgar
Mayor
CLAYTON H. PARKER
SPENCER E COVERT
MARGARET A, CHIDESTER
CHARLES S. SCOLASTICO
VERNA P. BROMLEY
L. THOMAS KRAHELSKI
MICHELLE D. ENGLISH
ROBERT T. ANDERSEN
CONSTANCE S. NICKELL
JONATHAN J. MOTT
RACHELLE NICOLLE-WAGNER
0
LAW OFFICES
PARKER AND COVERT
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
1901 EAST FOURTH STREET SUITE 312
SANTA ANA, CALIFORNIA 92705
City Council
City of Tustin
300 Centennial Way
Tustin, CA 92680
October 1, 1987
Re: Tentative Tract Map No. 13038
Dear Members of the City Council:
AREA CODE 714
TELEPHONE 973-2137
TU -40
REF. OUR FILE
This firm represents the Tustin Unified School District
with respect to the above -entitled project. The Tustin
Unified School District objects to the Planning Commission's
recommendation to approve and the City Council's proposed
approval of Tentative Tract Map No. 13038. In particular,
the District objects to finding I -(f) contained in Planning
Commission Resolution No. 2431 adopted on September 28,
1987. Said finding states:
"That the City has reviewed the status of
the School Facilities Agreement between the
Irvine Company and the Tustin Unified School
District and has determined that the impact of
this tentative tract map approval on District
facilities will not be adverse and has been
adequately mitigated by reservation of two
school sites, a high school site and an
elementary school site in conjunction with
Tentative Tract Map No. 12763, and imposition
of school facility fees as a condition of
approval of Tentative Tract Map No. 13038."
The District objects to the Planning Commission's finding
that approval of Tentative Tract Map No. 13038 will not have
an adverse effect on the District and that reservation of
school sites and payment of school facility fees will
adequately mitigate the impact that the project will have on
the District.
0 0
LAW OFFICES
PARKER AND COVERT
City Council
October 1, 1987
Page two
After reviewing the staff report, documentations and
other materials presented in the agenda packet for the
Planning Commission, there is no evidence or other data
which will support a finding that there will be no adverse
effect on the District and that school facility fees along
with reservation of school sites will exclusively mitigate
the impact that the project will have on school enrollment.
This project contemplates construction of 252 apartment
units. Although we do not concede that the student
generation factor and other data contained in the staff
report are accurate, we shall use them for the sake of
discussion. Using the generation factors contained in the
staff report, it is anticipated that 28 elementary students,
15 intermediate students and 20 high school students will be
generated from this project. Using the allowable square
footage for each of these grade divisions as set forth in
the staff report, it is expected that approximately 1,635
square feet will be necessary to accommodate the elementary
school students who will be generated by this project; 1,210
square feet for intermediate students who will be generated
by this project; and approximately 1,835 square feet for the
high school students who will be generated by this project.
Again, using the staff report's cost per square foot of
each of these grade levels (i.e., $110.00 for K-5; $115.00
for 6-8; and $120.00 for 9-12), it is determined that
approximately $539,153 is required to construct the
facilities needed for the various students who will reside
in this project area.
This does not include the cost of land. Using the
District's requirements of 10 acres for an elementary school
site, 20 acres for an intermediate school site and 40 acres
for a high school site, in conjunction with the staff
report's cost of an acre of land in the amount of
$500,000.00, the proportionate share of land required by
this project for school facilities is approximately
$592,757.00. Consequently, the total cost of providing
adequate school facilities to the students who will be
generated from this project is approximately $1,131,910.00.
The District does not have the money to construct these
facilities. At the present moment there is no money in the
State Building Program and when funds are available, there
is no guarantee that the District will qualify for the same.
Realistically, the District is relegated to relying upon
0
LAW OFFICES
PARKER AND COVERT
City Council
October 1, 1987
Page three
school facility fees and the
between the District and the
adequate school facilities.
0
financing agreement made
Irvine Company for providing
School facility fees alone will not provide the needed
school facilities. More precisely, there are 252 apartment
units to be constructed by this project. Assuming that each
apartment unit will contain 800 square feet of habitable
area, only $302,400.00 will be generated from school
facility fees for this project. (252 units x 800 square
feet per unit x $1.50 per square foot = $302,400.00).
Clearly, there is a short -fall of approximately $829,510.00.
Funds other than school facility fees are needed to provide
the required facilities. No where in the staff report is
there any indication of where this short -fall will come
from. There is no analysis concerning the amount or
feasibility of the District obtaining State funds nor what
can be expected from the Irvine Company pursuant to their
financing agreement with the District. Thus, finding I -(f)
of Planning Commission's Resolution No. 2431 is erroneous as
it is not supported by the staff report.
Moreover, the District takes exception to the September
21, 1987 letter addressed to Ms. Chris Shingleton from the
Irvine Community Development Company. This letter has been
included in the staff report package and states in the
second paragraph:
"We have been advised by legal counsel
that the Tustin Unified School District's
school fee program effective as of March 23,
1987, under Assembly Bill 2926, constitutes
our only financial obligation to the District."
This is not correct. Government Code section 65995
states in part:
"Subdivision (a) does not apply during
the term of any contract entered into between
a subdivider or builder and a school district
. on or before the effective date of this
chapter that requires payment of a fee,
charge, dedication for construction of school
facilities as conditioned to the approval of
residential development."
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LAW OFFICES
PARKER AND COVERT
City Council
October 1, 1987
Page four
Subdivision (a) of
prohibits any other
by Government Code
said section is
development fee
section 53080.
the section that
except for that provided
It states:
"Except for a dedication or fee, or both,
required under section 53080, or pursuant to
chapter 4.7 (commencing with section 65970), no
fee, charge, dedication or other form of
requirement shall be levied by the legislative
body of a local agency against a development
project as defined by section 65928, for the
construction or reconstruction of school
facilities."
Consequently, the prohibition in section 65995(a)
against imposition of other fees or charges is not
applicable to this project in that the District and the
Irvine Company have entered into a finance agreement, the
effective date of which is prior to January 1, 1987. The
Agreement provides that adequate school facilities will be
provided before final building maps are submitted. Thus,
the anticipated short -fall must be derived from this source,
or any other source, and such a determination should be
contained in any city resolution or ordinance adopting a
tentative or final map which is covered by said agreement.
Very truly yours,
lay on 11 Parker
CHP:ijd2325