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HomeMy WebLinkAboutConsent Calendar #5 11-02-87~ ~ ~m ~ki I ~ I_~ ~ CONSENT CALENDAR ,..)ATE: NOVEMBER Z, lgB? ~~,~lm~/ ~'~,t~A~, Co,r~,) TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTHENT SUBJECT: TEIITATXVE TRACT HAP 13094 (BRANALEA) RECOMENDED ACTXON: It is recommended that the City Council: 1) approve the Environmental Determination for the project by adoption of Resolution No. 87-124, 2) approve Tentative Tract Map No. 13094 as recommended by the Planning Commission by the adoption of Resolution No. 87-125. SIJI~IARY: The Planning Commission at a regular meeting on September 28, 1287 recommended to the City Council approval of Tentative Tract Map 13094 subject to conditions contained in Exhibit A to Resolution No. 2442. The proposed tract map would subdivide a 20.47 acre site into 103 numbered and four (4) lettered lots (for landscape maintenance purposes) permitting the development of 103 single family detached dwelling units. In conjunction with the proposed project, the Planning Commission at their meeting of September 28th also approved Design Review 87-16 approving the specific site plan and architectural design of the project. The project site is bordered by Browning Avenue on the west, a Southern California Edison substation and Lot 15 of Tract 12763 to the south, Park Center Lane to the east, an existing single family development to the northwest, and Lot 3 of Tract Map 12763 to the northeast. Planned and anticipated development in the vicinity include a proposed church to the south on Lot 15 (subject to future approval of a Conditional Use Permit) and a proposed 118 unit single family detached development to the northeast immediately adjacent to the project. PROJECT DESCRIPTION/SXTE PLAN: Submitted development plans for the project propose construction of 103 two-story single famtly detached dwelling units on lots approximately 5,000 square feet in size. The project contains three unit types -- 25 four bedroom (or three bedroom plus a den) units, 36 five bedroom units and 42 four bedroom units with family room and bonus room. Units will range in size from approximately 2,573 square feet to approximately 2,914 square feet. The overall density of the project is proposed at five dwelling units per acre with twenty Ct ty Council Report ~ovember 2, 1987 Tentative Tract Map 13094 Page two foot mtntmum front set~acks proposed for the project. Although the Spectftc Plan recommends a minimum rear setback of 25 feet and an average of 30 feet adjacent to existing'single famtly: dwellings to the' north, development plans propose setbacks whtch range between 27 - 67 feet with an average setback of 40 feet far in excess of the minimum setback requtred in the East Tusttn Spectftc Plan. In conjunction wtth the proposed project, the applicant proposes construction of seven public streets all of which wtll be butlt at a public street right-of-way standard of 56 feet with Inclusion of a standard parkway and sidewalks. Access to the extsttng street system surrounding the project will be provided by Burnt Mtll Road on the west at Browning Avenue approximately 160 feet north of the southerly border of the project and on the east at "B" Street and Park Center Lane at the northeast corner of the project. The applicant has entered into an agreement for the construction of common Intersection improvements for "B" Street with the J. M. Peters *Company who wfll be processing Tentative Tract Map 13053 for development of 118 stngle family untts immediately to the north of "B" Street. Other features of the project can be summarized as follows: -- The project proposes a 10 foot wide pedestrian and btcyclq paseo lot (Lot "D") at the southeast corner of the project located between Lot 44 and 45 to facilitate direct and hazard free connections to adjacent projects, neighborhood support services, activity nodes and CitywJde btcycle trails (the closest being along Bryan Avenue). -- Three (3) landscaped lots are proposed for landscaping along Browning Avenue and Park Center Lane. -- The project is proposed to be constructed In three (3) phases with construction of 30 units in Phase I, 31 units in Phase II and 37 units in Phase III. -- Up to a 6'8" split face concrete block wall consistent with:the theme wall approved wtth Tract Map 12763 15 proposed to be constructed around the project. Staff would recommend establishment of design standards to be used for any wall and fencing constructed to divide common property 11nes within the Tract. ARCHITECTURAL OESIG#: The proposed architectural design for the project will introduce three (3) architectural styles --- an upgraded Spantsh Colonial style (stucco Spanish roof ttle, arched windows), Spanish Monterey style (second story wood balconies, wood roof beams) and an early California. Monterey ranch style (exposed roof beams, Corn muni/y Development Depsrmnem City Counctl Report November 2, 1987 Tentative Tract Map 13094 Page three window and door wood trim and some wood siding).. Prospective buyers will be able to choose 'one o( the above architectural designs for any one of the proposed unit types. The proposed architecture is consistent with the desired East Tusttn Ranch style. 0111ER iSSUES: School .Facilities - The Community Development Department did not receive any correspondence or :omment from the Tustin Untried School District concerning Tentative Tract Map 13094. Public Improvement and Assessment Oistrict Issues - Condition 1~12 of Exhibit A to Planntng Commission Resolution No. 2442 requires that the developer be obliged for a 25~ share, of total cost, for a traffic signal at the intersection of Bryan Avenue and Park Center Lane. Subsequent to the Commission hearing, further discussions between Engineering staff, the developer and the [rvtne Company have resulted in a determination by the City Engineer that condition - 1.12 should be deleted as a signal at this location may not ever be necessary. Accordingly, it is recommended that the Council delete condition 1.12 contained in Exhibit A of Resolution No. 2442 from their approval. Engineering staff have also requested a modification in condition 1.14 of Exhibit A of Resolution No. 2442 which requires lots A, B C and D to be maintained by the property owners or a future Homeowner's Association. Lots A and C will be maintained by the Landscape Maintenance District and condition 1.14 will need to be modified to reflect this. 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 City Council make the finding that requirmen~s of the California Environmental Quality Act have been met and that nd further environmental review is required by adoption of Resolution No. 87-124. Christine Shingleton Director of Community Development JSD:pef Attachments: Resolution No. 87-124 Resolution No. 87-125 Planning Commission Resolutions 2440, 2441 and 2442 Community DeveloPment Department 2 RESOLUTION NO. 2442 ~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN 4 CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 13094 $ The Planning Commission of the City of Tustin doe's hereby 'resolve as. 6 follows: ? I. The Planning Commission finds and determines as follows: 8 A. That Tentative Tract Map No. 13094 was submitted to the Planning Commission by Bramalea California, Inc, for consideration. 9 B. That a public hearing was duly called, noticed and held for said 10 map. 11 C. That an Environmental ImpaCt Report (EIR 85-2 for the East Tusttn Specific Plan) has been certified in conformance with the requirements of California Environmental Quality Act for the 12 subject project area. 13 O. That the proposed subdivision is in cOnformance with the Tustin Area General Plan, , adopted East Tustin Specific Plan, 14 Development Agreement and Subdivision Map Act as it pertains to the development of multtple family dwellin~ls. 15 E. Parkland required of this project was previously dedicated with 16 recordation of Tract 12763. 17 F. That the City has reviewed the status of the School Facilities Agreement between The Irvine Company and the Tustin Unified 18 School District, the East Tustin Specific Plan, EIR 85-2, the tmpacts of Tentative Tract Map 13094 on School District 19 facilities, and reviewed changes in State law, and finds and determines that the impacts on School Otstrict facilities by 20 approval of this map are adequately addressed through the reservation of a high school site and elementary site in 21 conjunction with Tentative Tract Map 12763, and imposition of school facilities fees as a condition of approval of Tentative ~2 Tract Map 13094. 23 G. That the site is physically suitable for the type of development proposed. 24 H. That the site is physically suitable for the proposed density of 25~ development. 26 27 28 1 ' 2 Resolution No. 2442 Page two ~I. That the design of the subdivfston or the proposed Jmprovements 5 are not 11kely to cause substantial env~ron~ntal da~ge or subs~nt~ally and avoidably tn~ure ftsh or ~11dllfe tn ~hejr 6 habitat. 7 3. Tha~ the destgn of the subdivision or the Wpe o~ ~mprove~nts- proposed w~11 not confllc~ wJth ease~nts acquired by the public-at-large, for access through or use o~ the proper~y 8 within the proposed subdivision. ~ K. That the design of the subdivision or the types of improvements ]0 proposed are not 11kely to cause serious publlc health problems. ]2 ~[. The Planning Co~tsston hereby' reco~nds to the Ctty Council approval of Tentative Tract Hap No. ~3094 subject to the conditions attached hereto as Exhlbt: A. P~SEO AND AOOPTED at a regulac~ettng of the Tus:ln Planntng Co~tsslon, " 1~ held on the '/~/~ day of ~~/~ , 1987. ~7 ~ ~ Cha~rmn 10Penn1 Foley, Secretary 20 2~ 2~ 26 27 28 _ Resolution 2442 EXHIBIT A CO#DITIO# OF APPROVAL FOR TENTATIVE TRACT rqAP 13094 PUBLXC/PRXVATE INFRASTRUCTURE XIqPROVEIqENTS 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 wtthtn the boundary of said tract =ap in conformance with applicable Ctty standards, including but not ltmited to the following: A. Curb and gutter/cross gutters B. Sidewalks including access facilities for physi.cal]y handicapped persons C. Ortve aprons/approach O. Street paving E. Street signing, and paving F. Landscaping/irrigation facilities G. Sanitary sewer service facilities H. Oomestic water service facilities - I. Reclaimed water service factTtttes 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 paseo 11ghting M. Storm drains and subdratns N. Undergroundtng of existing and proposed utility distribution lines O. Lot monumentatton P. Ftre hydrants The amount of acceptable security for construction of public improvements shall be reviewed and approved by the Publtc Work Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. 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, 1trine 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. Resolution No. 2442 Exhibit A Page 'c~o 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 s~ndards of the Irvine Ranch Water District/City of Tusttn 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 Irvtne Ranch Nater District. 1.7 In tract storm drain design for sump conditions to be lO0 year design. .The storm drain easement through Lot 44 shall be a minimum width as requtred by Orange County EMA standards. [.8 Proposed streets shall be designed to the following specifications: A. All public streets shall be 56 feet in right-of-way width. B. All proposed streets shall be designed in substantially the same alignment as shown on the approved tentative tract map unless · odtfted and approved by the Director of Community Development/Public Works. C. All publtc streets shall be constructed in accordance with City requirements'in terms of type and quality of materials used. 1.9 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, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other responsible agencies. 1.10 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 this deposit is depleted prior to completion of development or City acceptance of public streets, an additional incremental deposit will be required. 1.11 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. Resolution ~o. 2442 ._Exhibit A 'age three 1.12 Obligation for 255 share of total traffic signal installation at Bryan Avenue at Park Center Lane. A cash deposit will be required for a five (5) year period after map recordation with a return clause if funds are not utilized. 1.13 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. 1.14 Lots lettered A, B, C and O to be the responsibility of adjoining property owner within the proposed subdivision and/or future Homeowners Association. GRADING/DRAINAGE 2.1' Preparation and submittal of final grading plans delineating the following is required prior to approval of Final Map. A. Final street elevations at key locations B. Final pad/finish floor elevations and key elevations for all site grading. All final pad elevations to be a minimum of 1.0 feet above the base flood elevation as defined by FEMA. C. All flood hazard areas of record must be shown. 2.2 Prior to issuance of precise grading permits, a detailed 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 2.3 Prior to issuance of grading permits, preparation and submittal of a grading plan subject to approval of the Department of Community Development delineating the following information: A. Methods of drainage in accordance with all applicable City standards. B. All recommendations submitted by geotechnical or soil engineer and specifically approved by them. C. Compliance with conceptual grading shown on tentative tract map. O. A drainage plan and necessary support documents to comply with the following requirements: Resolution No. 2442 ?,xhtbt t A ?age four l) Provision of drainage facilities to remove any flood hazard to the satisfaction of the City £ngineer which will allow building pads to be safe from tnpndatton 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) £11mtnation of any sheet flow and pondtng. 3) Provision of drainage facilities to protect the lots from any high velocity scouring action. 4) Provision for contributory drainage from adjoining properties. £. All flood hazard areas of record. F. A note shall be placed on the grading plan Hequiring 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 Pelated matter. 2.4 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. 2.5 A precise grading permit shall be issued prior to issuance of any building permits within the subject Tract. 2.6 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. 2.7 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. 2.8 A qualified paleontologtst/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 paleontologtst/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 Co,)w,unity Deve 1 o pmen t. 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. Resolution No. 2442 £xhtbtt A Page five 2.9 All earthwork shall be performed in accordance with the City of Tustin Municipal Codes and grading requirements. FIRE DEPAITTHENT 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 and operational fire hydrants are available for fire protection is available shall be submitted and approved by the Orange County Fire Marshall. The subdivider shall also submit water improvement plans for approval of Fire Marshal. 3.3 Sign plan shall include "Fire Road - No Parking" signs as shown on Fire Department notes-. NOISE 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 Tusttn 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 qf 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 £quivalency Levels (CNEL) said study provide information on single event noise measurments 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. CN£L in outdoor living areas and .an interior standard of 45 dba Resolution No. 2442 Exhibit A Page six 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 Certifications of Use 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 t~me the permit for the work is awarded or during progress of the work. -- CCR*S ~ '5.! ' 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 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 tncluded as a party to the C.C. & R's for enforcement purposes. B. Provision for effective establishment, operation, management use, repair and maintenance of all common areas and facilities including landscaping, common areas, walks and fences through a homeowner's association or equivalent. Membership in said association shall be inseparable from ownership in individual lots. C. Architectural controls which shall include but not be limited to provisions regulating roof materials, exterior finishes, walls, fences, lighting, landscaping, etc. D. Landscaping, including vegetation, irrigation systems, and earth mounding shall be installed on all landscaping lots 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. Resolution No. 2442 Exhibit A Page seven £. Declarant, the Association, and all Owner(s) shall be required to matntaln 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 ~detertoration or disrepair causes harm or is materially detrimental to property or improvements within one thousand (1,000) feet of the property. F. 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. G. 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 Communit7 Development Department. H. All utility services serving the site shall be installed and maintained underground. I. The 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. J. All owners shall be required to provide subsequent prospective owners with disclosure information related to aircraft noise impacting the subdivision. K. No amendments to any C.C. & R's filed in conjunction with this project or development plan shall be recorded without the prior approval of the City of Tustin Community Development Department. TENANT/HO#EBUYER NOTIFICATION 6.! 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 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 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. - Resolution No. 2442 · 'xht bi t A Page eight 6.3 Prior to the issuance of Certificate of Occupancy, the Subdivider shall provide the City with a copy of the approved aircraft/helicopter noise ststement 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. 6.4 Prior to the issuance of Certificate of Occupancy, the developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development with participation by the governing school district. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The S'chools notification statement shall contain the most current available t nfor~tlon on: A. The locatton of existing and proposed elementary, middle and high schools which w111 serve the subdivision (text and map). B. The estimated opening date of proposed schools or any revisions to student capacity in existing schools which would change school attendance assignments. C. The type of provider of transportation available to transport the students to the school sttes. D. The estimated length of travel time required to transport the students to a school site outside the boundaries of the project. E. The schools notification statement shall further advise homebuyers that proposed school sites may never be constructed. 6.5 Prior to issuance of Certificate of Occupancy, the Subdivider shall provide the City wtth a statement which must be signed by each tenant/homebuyer which shall contain a comprehensive description of all private and public Improvements and developments adjacent or in close proximity to the proposed development. 6.6 Subdivider shall notify all potential home buyers of the following Assessment/Mai ntenance Dt stri cts: A. Assessment District B. Ctty of Tusttn 1982 Landscape and Lighting District. _Resolution No. 2442 ~xhibit A Yage nine FEES 7.! 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 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 District) applicable to the subdivision. (Assessment District 85-1). 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 petit fees to the Community Development Department. D. All applicable Building plancheck and permit fees to the Community Development Department. £. New development fees to the Community Development Department. F. School facilities fee to the Tusttn Unified School District subject to any agreement reached and executed between the District and the Irvi ne Company. GENERAL 8.]. 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 units, the Subdivider shall record a final map in conformance with appropriate tentative map. 8.3 Prior to Final Map approval, subdivider shall submit a current title report. I~esolut~on No. 2442 ~xht bi t A age ten 8.4 Subdivider shall conform to all applicable provisions of the City Code. All requlremants of the State Subdivision Map ACt, the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. 8.5 Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to certificate of acceptance. 8.6 Prior to release of building permits all conditions of approval of Design Review 87-32 on the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 2433 and incorporated herein by reference. However, applicant will be permitted to obtain building permits for model home construction prior to approval of a final map provided approvals have been obtained from the Department of Community Oevelopment, Public Works and Fire Department. 8.7 Adherence to all pertinent requirements contained in East Tustin Specifc Plan and Development Agre~ement, EIR 85-2, and Tract 12763. 8.8 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 or equivalents as shown in the East Tusttn Specific Plan Development Agreement. 8.9 Note #12 should state that local park code requirements have been met by Tract No. 12763. The parkland dedication requirements for this project is 1.0506 acres. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) [, PENNI FOLEY, the undersigned, hereby certtfy that [ am the Recording Secretary of the Planntng Commission of the City of Tusttn, California; that Resolul:ton No. _~,x~,~) was duly passed and adopted at a_j-egul~ar meettng of the Tustln Planntng Commission, held on the ~..,~l~-~day of ~'~.'~/;~?~-~-' , PENNI FOLEY Record1 ng Secretary RESOLUTION NO. 87-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS 4 ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13094 AND ALL FEASIBLE MITIGATION MEASURES 5 NAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: 7 I. The City Council finds and determines as follows: 8 A. Tentative Tract Map 13094 and respective development plans are 9 considered "projects" pursuant to the terms of the California Environmental Quality Act; and 10 B. The projects are covered by a previously certified final 11 environmental impact report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project and; 12 13 II. The East Tustin Specific Plan final Environmental Impact Report previously certified on March 17, 1986 was considered prior to 14 approval of these projects. The Planning Commission hereby finds: the project is within the scope of the East Tustin Specific Plan 15 previously approved; the effect of the project was examined in the Program EIR; and all feasible mitigation measures and alternatives 1G developed in the Program EIR are incorporated into this project. The Final EIR is therefore determined to be adequate to serve as a 17 Program EIR for these projects and satisfies all requirements of CEQA. ]8 Applicable mitigation measures identified in the Final EIR have been ]9 incorporated into this project which mitigates any potential significant environmental effects thereof. The mitigation measures 20 are identified as Conditions on Exhibit A of Planning Commission Resolution No. 2442 recommending approval of Tentative Tract Map 21 13094 and Exhibit A of Planning Commission Resolution No. 2441 and City Council Resolution No. 87-125 approving Tentative Tract Map 22 13094. 23 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 2nd day of November, 1987. Richard B. Edgar 20 Mayor ~J Mary E. Wynn City Clerk RESOLUTION NO. 87-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN 3 APPROVING TENTATIVE TRACT MAP NO. 13094 4 The City Council of the City of Tusttn does hereby resolve as follows: 5 I. The City Council finds and determines as follows: 6 A. That Tentative Tract Map No. 13094 was submitted to the Planning Commission on behalf of Bramalea California Company for ? consideration. 8 B. That a public hearing before the Planning Commission was duly called, noticed and held for said map. 9 C. That the Planning Commission forwarded to City Council a 10 recommendation to approve Tentative Tract Map 13094 by the adoption of Resolution No. 2442. 1! D. That an Environmental Impact Report (EIR 85-2 for the East 12 Tusttn Specific Plan) has been certified in conformance with the requirements of California Environmental Quality Act for the ]3 subject project area. 14 E. That the proposed subdivision is in conformance with the Tustln Area General Plan, adopted East Tustin Specific Plan, 15 Development Agreement and Subdivision Map Act as it pertains to the development of multiple family dwellings. 10 F. That 1.0506 acres of parkland required of this project was 17 previously dedicated with recordation of Tract 12763. ]8 G. That the City has reviewed the status of the School Facilities Agreement between The Irvine Company and the Tusttn Unified 19 School District, the East Tustin Specific Plan, EIR 85-2, the impacts of Tentative Tract Map 13094 on School District 20 facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by 21 approval of this map are adequately addressed through the reservation of a high school site and elementary site in 22 conjunction with Tentative Tract Map 12763, and imposition of school facilities fees as a condition of approval of Tentative 23 Tract Map 13094. 24~ H. That the site is physically suitable for the type of development proposed. 25 I. That the site is physically suitable for the proposed density of 20 development. 27 28 Resolution No. 87-125 2 Page two 3 ~ J. That the design of the subdivision or the proposed Improvements are not likely to cause substantial environmental damage or 5 substantially and avoidably injure fish or wildlife in their habt tat. 6 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. 9 L. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. 10 11 II. The City Council hereby approves Tentative Tract Map No. 13094 12 subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 2442 incorporated herein by reference, and 13 as herein modified: 14 .~Ai~'--Condition 1.12 shall be deleted. Condition 1.14 shall, be modified to read: "Lots numbered B and 15 J~""' D to be the responsibility of adjoining property owner within the proposed subdivision and/or future Homeowner's Associ-ation." ]G 17 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the day of , 1987. 18 20 Richard B. Edgar Mayor 21 22 Mary E. Wynn 23 City Clerk 25 26 27