HomeMy WebLinkAbout02 VTTM 16790 DR 04-025
ITEM #2
Report to the
Planning Commission
DATE:
SUBJECT:
FEBRUARY 14, 2005
VESTING TENTATIVE TRACT MAP 16790 AND
DESIGN REVIEW 04-025
APPLICANT:
NEVIS TUSTIN, LLC.
650 W. HUNTINGTON DRIVE #201
ARCADIA, CA 91 007
SCOTT YANG
NEVIS TUSTIN, LLC.
650 W. HUNTINGTON DRIVE #201
ARCADIA, CA 91007
OWNER:
LOCATION:
1361 EI CAMINO REAL
GENERAL PLAN: HIGH DENSITY RESIDENTIAL
ZONING:
MULTIPLE FAMILY RESIDENTIAL (R-3)
ENVIRONMENTAL
STATUS: A MITIGATED NEGATIVE DECLARATION HAS BEEN
PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
REQUESTS:
1.
VESTING TENTATIVE TRACT MAP 16790 TO SUBDIVIDE
AN EXISTING 4.99 ACRE SITE INTO ONE (1) LOT FOR
THE PURPOSE OF DEVELOPING NINETY-THREE (93)
RESIDENTIAL CONDOMINIUM UNITS.
2.
DESIGN REVIEW 04-025 FOR BUILDING AND SITE
DESIGN FOR THE DEVELOPMENT OF NINETY-THREE
(93) RESIDENTIAL CONDOMINIUM UNITS.
Planning Commission Report
February 14, 2005
VTTM 16790 and DR 04-025
Page 2 of 8
RECOMMENDATION
That the Planning Commission:
1.
Adopt Resolution No. 3962 recommending that the City Council adopt the
Negative Declaration as adequate for Vesting Tentative Tract Map 16790 and
adopting the Negative Declaration as adequate for Design Review 04-025 for the
development of ninety-three (93) residential condominium units.
2.
Adopt Resolution No. 3963 recommending that the City Council approve Vesting
Tentative Tract Map 16790 to subdivide an existing 4.99 acre site into one (1) lot
for the purpose of developing ninety-three (93) residential condominium units.
3.
Adopt Resolution No. 3964 approving Design Review 04-025 for design review
and site planning to allow for the development of ninety-three (93) residential
condominium units.
BACKGROUND
The project site is a 4.99 acre parcel improved with sixty-five (65) apartments and is
surrounded by commercial developments to the east, EI Camino Real Street and
Interstate 5 Freeway to the south, and Tustin High School parking lot and school field to
the west and to the north (Attachment A - Location Map). The site is zoned Multiple
Family Residential (R-3) District and designated by the General Plan as High Density
Residential which provide for the development of residential condominiums.
The project includes demolition of the existing apartments, a Vesting Tentative Tract Map
to subdivide the parcel into a condominium tract, and a Design Review for the review of
building design, site planning, and site development of a ninety-three (93) unit residential
condominium complex.
DISCUSSION
The discussion that follows includes analyses of the project description and site plan,
access, architecture, landscaping, and environmental documentation.
Project Descriøtion and Site Plan
The site is developed with sixty-five (65) apartments that were constructed in 1963. The
proposed project would demolish the existing apartments and replace with new ninety-
three (93) attached condominium units (Attachment 8 - Submitted Plans). The existing
4.99 acre lot fronts onto EI Camino Real. Access to and from the site to EI Camino Real
would be through a gated private street. The site is designed with a "T" shaped private
streets with narrower drives that would branch out from the main street. The project
Planning Commission Report
February 14, 2005
VTTM 16790 and DR 04-025
Page 3 of 8
would have a total of twenty-four (24) buildings which would be developed into four (4)
phases. The Model Phase would consist of five (5) units and the pool/recreation area
and the subsequent Phases I, II, and III each would have 28, 33, and 27 units
respectively. .
The complex is arranged with buildings that are designed in rows. Each building has
three (3) or five (5) units with front entrances facing one another and garages arranged
back to back. Each unit is designed with a private patio at the front entrance and end
units would have balconies next to master bedrooms in addition to the private patio area.
Common landscape areas between the units would also be provided with decorative
walkways and landscape areas.
The proposed buildings are two (2) to three (3) stories in height along the main/front
entrance area and three stories in height at the rear or garage elevation (Attachment 8 -
Submitted Plans). Six (6) elevations are proposed which consist of four (4) floor plans
(Plans A, 8, C, and D) and two (2) variations of Plan A (Plan A2 and A3) as follows:
Plan
A
A2
A3
8
C
D
Bedrooms
3
3
2 + 1 den
4
3 + 1 loft
3 + 1 den
Baths
2 full + 1 half
2 full + 1 half
2 full + 1 half
3 full
3 full + 1 half
2 full + 2 half
Square Footage
1,560
1,681
1,697
1,580
2,035
1,984
A common pool/recreation area would be constructed and maintained by the
homeowners association and consist of a pool and a spa, a fountain, restrooms for men
and women, pool equipment enclosure, a shower, outdoor fire place, and seating area.
The project will comply with the development standard for the Multiple Family
Residential (R-3) District as follows:
Standards
Density
Site Area
Building Height
Lot Width
Lot Coverage
Landscape Open Space
Front Setback
Side Yard Setback
Rear Yard Setback
Off-street parking
Required
max. 25 du/acre
min. 7,000 sqft.
max. 35 feet
min. 70 feet
max. 65 percent
min. 35 percent
min. 15 feet
min. 5 feet
min. 10 feet
min. 186 garage spaces
plus 24 guest spaces
Proposed
18.64 du/acre
217,550 sqft.
35 feet
281.39 feet
30.5 percent
36.83 percent
15 feet
1 0 feet
15 feet
186 garage spaces
plus 31 guest spaces
Planning Commission Report
February 14, 2005
VTTM 16790 and DR 04-025
Page 4 of 8
Access. Circulation. Parkinø. and Traffic Analysis
.
Access
The complex will have one (1) sixty-seven (67) foot wide private street access on EI
Camino Real. The project entry area is designed with decorative pavement and
landscape median. Wrought iron gates will be installed at approximately 75 feet
from the public right-of-way to provide an adequate vehicle stacking area. Two
lanes are provided for entering the complex in which one lane is used for residents
and the other is for visitors and residents. The gates are designed to provide for a
daily volume of 744 vehicles and 42 vehicles per hour. The traffic analysis (Exhibit
A of Resolution No. 3962) analyzed the potential queue of vehicles and found the
expected queue will be zero most of the time and one (1) vehicle occasionally.
Queuing will rarely be more than two (2) vehicles. Regardless of the occasional
queue, the study recommends a storage area of two (2) vehicles or approximately
fifty (50) feet from the gates to the right-of-way line at EI Camino Real. Since the
gates are setback approximately seventy-five (75) feet, no impact to traffic along EI
Camino Real is anticipated.
.
Circulation
Circulation within the site is accommodated by a "Tn shaped full width private
streets and twenty-five (25) to thirty-one (31) foot interior drive aisles which do not
meet the requirements for private streets. Section 3.2 of the City's Construction
Standards for Private Streets, Storm Drain and On-Site Private Improvements
authorizes the Building Official to approve deviations from the private street
standards. The Building Official has reviewed and approved the following
deviations: private drive width, inside curb radius, and sidewalk requirements
between garages.
In addition, since the drive aisles provide internal circulation and serve as trash and
fire truck turnarounds, all interior drive aisles will need to have a minimum of
twenty-five (25) feet in width and be designated as fire lanes per OCFA
requirements. Condition 4.1 of Resolution No. 3964 requires the applicant to
submit a Fire Master Plan to include detailed information related to fire lanes,
signs, red curb, etc. to OCFA for review and approval.
Circulation for pedestrians is accommodated by sidewalks on each side of the
main private streets extending from the public sidewalk at EI Camino Real to the
private sidewalks at the project site. The sidewalks connect the unit entrances to
the common areas, trash enclosure, and interior driveways.
Planning Commission Report
February 14, 2005
VTTM 16790 and DR 04-025
Page 5 of 8
.
Parking
Tustin City Code Section 9226a1 U) requires a minimum of two (2) covered parking
spaces per unit and each unit is designed with a two car-garage. The Tustin City
Code also requires a minimum of one (1) unassigned open guest parking space for
every four (4) units or 24 guest parking spaces, and the project provides a total of
thirty-one (31) guest parking spaces. The guest parking spaces are dispersed along
the main private streets, between buildings, and in close proximity to each building
cluster to allow for easy access to the units. In addition, as discussed in the
Circulation section above, no parking would be allowed along the drive aisles since
these drive aisles serve as service and fire truck turnarounds.
.
Traffic Analysis
The traffic analysis for this project is contained in a document prepared by Katz,
Okitsu & Associates (Exhibit A of Resolution No. 3962) as follows:
Ý EI Camino Real Street Capacity
The project is anticipated to generate approximately 744 daily vehicle trips.
This is an increase of 316 vehicles per day more than the existing land use.
EI Camino Real, where the project is located is a four-lane street and has a
capacity of 24,000 vehicles. Currently EI Camino Real serves 11,500
vehicles per day. Adding 316 vehicles per day to the existing level of service
would bring EI Camino Real to a total of 11,816 vehicles per day which is still
below the maximum capacity. Therefore the increase of three (3) percent to
the existing level of service is considered to be insignificant. In addition, the
total trips from the site are not sufficient to warrant a traffic signal at this
location.
Ý Traffic/Trip Generation
In the AM peak hour, 62 trips are expected which include 16 trips entering
and 46 trips exiting the site. In the PM peak hour, 73 trips. are expected
which include 42 trips entering and 31 trips exiting the site. This is an
increase of 32 additional trips in the AM peak hour and 35 additional trips in
the PM peak hour from the current land use. The peak hour volume of 46
outbound trips is less than the threshold value .for minor street volume;
therefore, no new traffic signal would be required.
Planning Commission Report
February 14, 2005
VTTM 16790 and DR 04-025
Page 6 of 8
Ý Project and School Interaction
In addition to the trip generation study, observations were done before and
after school to assess the interaction of the project with the adjacent Tustin
High School. There is very little interaction between vehicles entering and
exiting the project site and vehicles to and from Tustin High School in either
AM or PM high school peak periods. However, re-striping of the existing
paved median on EI Camino Real to provide a 75-foot eastbound left turn
lane into the project would provide more efficient access to the site. Condition
3.1 of Resolution No. 3963 requires the applicant to re-stripe the existing
paved median to provide a 75-foot left turn lane into the project. Pedestrian
traffic along EI Camino Real before and after school was also observed and
was found to have little impact on the ability of vehicles to enter and exit the
existing apartments during those periods.
In conclusion, while the study finds that the traffic impacts of the proposed project
have no adverse effect on the surrounding street system, the study uses
assumptions and recommendations that tie to the project design and density.
Therefore, Condition 3.1 of Resolution No. 3964 requires a new or revised traffic
study should the project's density or design be modified.
Architecture
Condominium Units
The buildings are designed in a Spanish Eclectic architectural theme. In general, the
buildings are two stories high along the front elevation and three stories high along the
rear elevation. End units (Plan C) would have a third floor along the front elevatio(1 and
maintain the same rear elevation as other units. Due to the grade elevation difference
at the front and rear of the buildings, the area between buildings' frontages will be filled
four (4)' to six (6) feet high to create an elevated courtyard. With this design, the
garages are considered as basements; therefore, no second exits at top floors would
be required. To prevent flooding in the basement area, Condition 2.9 of Resolution No.
3964 requires a grading plan to be prepared by a licensed engineer to include site and
building design that would drain properly.
The courtyard between the buildings will be landscaped and designed with walkways
connecting the parking areas to the entrances. To the front of each unit, a private patio
separated with a three foot high block wall is proposed. The exterior elevations are
enhanced with architectural details such as gable roofs, wood trim, various size
windows, decorative window shutters, awnings, balconies, wood entry doors, and
various stucco colors to create visual interest. The roof material is proposed to be full-
dimensional concrete shingles in the "Mission San Diegon reddish brown color to
complement the proposed architectural style and color scheme.
Planning Commission Report
February 14, 2005
VTTM 16790 and DR 04-025
Page 7 of 8
The applicant proposes five (5) stucco colors. Each unit uses two (2) to three (3)
stucco colors to create visual interest. Each door is painted a rich brown color to
complement the stucco colors. All shutters, trellises, and trims will be painted beige
brown similar to the roof color. Entrances to the units are designed with entry columns
and alternating shed and gable roofs. Material and color sample boards for the project
will be available at the Planning Commission meeting.
Pool/Recreation Area
The design of the pool/recreation building is similar to the Spanish Eclectic architecture
of the housing units. As mentioned before, the pool area will be improved with a pool
and a spa, a fountain, restrooms, a shower, an outdoor fire place, and seating area.
The pool area is enclosed with six (6) foot high fence and gate and is decorated with a
wood trellis. The trellis is supported with thick pilasters covered with stone veneer and
serves as a focal point as individuals enter the complex.
Landscaøe~ardscaøe
Evergreen street trees will be provided along EI Camino Real. Actual types of trees and
sizes will be determined at plan check submittal (Conditions 1 .15 and 1.16 of Resolution
No. 3964). Additional trees and landscape treatments are proposed around the main
private street, pool area, parking areas, walkways, and the perimeter landscape area to
create a buffer between the project and the adjacent commercial and school uses. The
proposed trees include: Brisbane Box, Cajeput, Australian Willow, and Eucalyptus
Citriodora. A variety of ground covers, annual color beds, and shrubs would be utilized
throughout the site.
Decorative paving is also proposed at the main entrance into the site, in the area to the
front of the pool area, and at each interior drive aisle. Perimeter six (6) foot high walls are
proposed along the boundaries of the site with the exception of the front setback area
where the wall would need to be reduced to three (3) feet in height (Condition 1.8 of
Resolution No. 3964). The same condition also requires the block walls to be treated with
anti-graffiti materials. A minimum of 24-inch box trees and dense placements of shrubs
will be required to be planted along the block walls to soften the appearance of the walls
and to provide buffers to the adjacent uses (Condition 1.16 of Resolution No. 3964).
Noise Analysis
The project will be constructed within an area with exterior Community Noise Equivalent
(CNEL) contours that range from 60 dB to 70 dB (Figure N-1 of Tustin Noise Element).
The provisions of the State of California Noise Insulation Standards and the City of
Tustin Noise Ordinance limits the indoor noise levels for multifamily residential living
spaces not to exceed 45 dB and exterior noise level not to exceed 55dB. Table N-2 of
Planning Commission Report
February 14, 2005
VTTM 16790 and DR 04-025
Page 8 of 8
the Tustin Noise Element identifies potential conflicts between the land uses and the
noise environment. Per Table N-2, the proposed project falls within Zone A through
Zone C. Zone A implies no mitigation measure will be needed, Zone 8 implies minor
soundproofing may be needed, and Zone C implies noise mitigation such as
construction of noise barriers or building sound insulation will be necessary.
Since the buildings along EI Camino Real will be located within Zone C, the applicant
submitted an acoustical analysis (Exhibit A of Resolution No. 3962), which analyzed
potential noise impacts. Based upon the submitted acoustical analysis, the exterior
ambient noise level at the project site is at 71.1 dB which is above the exterior noise
standards for residential properties of 55 dB. In this event, Section 4614(c) of the
Tustin City Code allows the maximum exterior noise level to be increased to reflect the
ambient noise level of 71.1 dB.
The study also recommends needed noise insulation features in the design of the
buildings to reduce the interior noise level to 45 dB. The noise reduction technique
recommended by the acoustical analysis would be implemented and made as
conditions of the project. Condition 1.21 of Resolution No. 3964 requires certain noise
insulation features be incorporated into the buildings' design to ensure compliance with
the City's noise standards.
Environmental Analysis
A Negative Declaration has been prepared for this project (Exhibit A of Resolution No.
3962). The attached Initial Study discusses potential impact categories and appropriate
mitigation measures. Any potential impacts can be mitigated to a level of insignificance
and mitigation measures have been included as conditions of approval. The public
comments period for the environmental documents was from January 25, 2005, to
February 14, 2005, at noon. No comments were received during the public review period.
~i~"
Ju Ina Wlilkom
Associate Planner
~¡¡j~-
izabeth A. Blnsack
Community Development Director
Attachments:
Fact Sheet
A. Location Map
B. Submitted Plans
C. Resolution No. 3962 and Exhibit A (Negative Declaration)
D. Resolution No. 3963 (Vesting Tentative Tract Map)
E. Resolution No. 3964 and Exhibit A (Conditions of Approval)
l'
S:\CddlPCREPOR1\2005\VTTM 16790 and DR 04-025.doc
10.
11.
LAND USE APPLICATION FACT SHEET
1.
LAND USE APPLICATION NUMBER(S): VTTM 06790 and DR 04-025
2.
LOCATION: North side of EI Camino Real. Between Newport Avenue and Red Hill Avenue
ADDRESS: 1361 EI Camino Real. Tustin. California
4.
LOT: southerly half of Lot 31. of Map Plat No.1. recorded in Book 5. Paqe 7 of
Miscellaneous Records of Los Anqeles County
TRACT:
5.
APN(S): 500-141-22
6.
PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY:
N/A
7.
SURROUNDING LAND USES:
NORTH: Tustin Hiqh school play field
EAST: U-Haul and Various Commercial Uses
SOUTH: Interstate 5 Freeway
WEST: Tustin Hiqh School parkinq lot
8.
SURROUNDING ZONING DESIGNATION:
NORTH: P&I
SOUTH: Unclassified
EAST: C-2
WEST: P&I
9.
SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: Public/Institutional
SOUTH: Interstate 1-5 Freeway
EAST:
Community Commercial
WEST:
Public & Institutional
SITE LAND USE:
A. EXISTING: 65 unit apartment complex
B. PROPOSED: 93 unit condominium
complex
C. GENERAL PLAN: Hiqh Density Residential
PROPOSED GP: Hiqh Density Residential
D. ZONING: R-3
PROPOSED ZONING: R-3
OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL
STUDY ZONES, EASEMENTS, ETC.)
ATTACHMENT A
Location Map
LOCATION MAP
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PROJECT NO.
ADDRESS
Vesting Tentative Tract Map 15790
Design Review 04-025
NEVIS TUSTIN
1361 EL CAMINO REAL
TUSTIN
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ATTACHMENT B
Submitted Plans
Developer:
NEVIS TUSTIN, LLC.
Architect
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.'11 ,.\ '/PROJECTLOCATlON:
: ,1 VESTING TENTATIVE TRACT NO. 16790
, , ",I: 93 UNIT CONDOMINIUM PROJECT
!. .h;,11361ELCAMINOREAL
ATTACHMENT C
Resolution No. 3962
and
Exhibit A (Negative Declaration)
RESOLUTION NO. 3962
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL ADOPT THE FINAL MITIGATED NEGATIVE
DECLARATION AS ADEQUATE FOR VESTING TENTATIVE
TRACT MAP 16790 AND ADOPTING THE FINAL MITIGATED
NEGATIVE DECLARATION AS ADEQUATE FOR DESIGN
REVIEW 04-025, 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.
II.
That Vesting Tentative Tract Map 16790 and Design Review 04-025 is
considered a "Project" pursuant to the terms of the California Environmental
Quality Act;
B.
An Initial Study and a Mitigated Negative Declaration have been prepared
for this project and distributed for public review. The Initial Study/Mitigated
Negative Declaration evaluated the implications of the proposed
development.
C.
The Planning Commission of the City of Tustin has considered evidence
presented by the Community Development Director and other interested
parties with respect to the subject Mitigated Negative Declaration.
D.
The Planning Commission has evaluated the proposed Mitigated Negative
Declaration and determined that with incorporation of the mitigation
measures, the project would not have a significant effect on the
environment.
A Final Mitigated Negative Declaration, attached hereto as Exhibit A, has been
completed in compliance with CEQA and state guidelines. The Planning
Commission has received and considered the information contained in the
Mitigated Negative Declaration prior to approving Design Review 04-025 and
recommending approval of Vesting Tentative Tract Map 16790 and found that it
adequately discusses the environmental effects of the proposed project. On the
basis of the initial study and comments received during the public hearing process,
the Planning Commission finds that there will not be a significant effect as a result
of the project.
The Planning Commission hereby recommends that the City Council adopt the
Final Mitigated Negative Declaration for Vesting Tentative Tract Map 16790 and
Resolution No. 3962
Page 2
adopts the Final Mitigated Negative Declaration for Design Review No. 04-025. In
addition, the Planning Commission finds that the project involves no potential for
any adverse effect, either individually or cumulatively, on wildlife resources as
defined in Section 711.2 of the Fish and Games Code.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held
on the 14th day of February, 2005.
JOHN NIELSEN
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN)
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 3962 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
14th day of February, 2005.
ELIZABETH A. BINSACK
Planning Commission Secretary
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714) 573-3100
NEGATIVE DECLARATION
Project Title:
Vesting Tentative Tract Map (VTTM 16790) and Design Review (DR) 04-025
Project Location:
1361 EI Camino Real, Tustin, Orange County, California.
Project Description: A Vesting Tentative Map and Design Review to demolish an existing apartment
complex, subdivide the property into a condominium subdivision, and construct ninety-
three (93) attached condominium housing units on an approximately 4.99 acre site.
Project Proponent: The Nevis Tustin, LLC., 650 W. Huntington Drive # 201, Arcadia, CA 91007
Lead Agency Contact person\ Justina Willkom Telephone: (714) 573-3174
The Community Development Department has conducted an Initial Study for the above project in accordance
with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act,
and on the basis of that study hereby finds:
0
[g
That there is no substantial evidence that the project may have a significant effect on the environment.
That potential significant effects were identified, but revisions have been included in the project plans
and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no
significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial
Study which is attached hereto and incorporated herein.
Therefore, the preparation of an Environmental Impact Report is not required.
The Initial Study which provides the basis for this determination is attached and is on file at the Community
Development Department, City of Tustin. The public is invited to comment on the appropriateness of this
Negative Declaration during the review period, which begins with the public notice of Negative Declaration and
extends for twenty (20) calendar days. Upon r~view by the Community Development Director, this review
period may be extended if deemed necessary.
REVIEW PERIOD ENDS 12:00 NOON ON FEBRUARY ä5
Date January 25, 2005 ~~~ ~~~
Elizabeth A. Binsack
Community Development Director
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714) 573-3100
INITIAL STUDY
A.
BACKGROUND
Project Title:
Vesting Tentative Tract Map 16790 and Design Review- 04-025
Lead Agency:
City of Tustin
300 Centennial Way
Tustin, California 92780
Lead Agency
Contact Person:
Justina Willkom
Phone: (714) 573-3174
Project Location:
1361 EI Camino Real, Tustin, CA 92780
Project Sponsor's
Name and Address:
Nevis Tustin, LLC., 650 W. Huntington Drive # 201, Arcadia, CA 91007
General Plan Designation:
High Density Residential
Zoning Designation:
Multiple Family Residential (R-3) District
Project Description:
A Vesting Tentative Map and Design Review to demolish an existing apartment
complex, subdivide the property into a condominium subdivision, and construct
ninety-three (93) attached condominium housing units on an approximately 4.99
acre site.
Surrounding Uses:
North: Tustin High School
South: Interstate 5 Freeway
East: Commercial Development
West: Tustin High School
Other public agencies whose approval is required:
D
D
D
D
Orange County Fire Authority
Orange County Health Care Agency
South Coast Air Quality Management
District
Other
D
D
D
City of Irvine
City of Santa Ana
Orange County
EMA
B.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is à "Potentially Significant Impact" as indicated by the checklist in Section D below.
OLand Use and Planning
DPopulation and Housing
DGeological Problems
0 Water
DHazards
DNoise
DPublic Services
DUtilities and Service
Systems
DAesthetics
DCultural Resources
DRecreation
DMandatory Findings of
Significance
DAir Quality
DTransportation & Circulation
DBiological Resources
DEnergy and Mineral Resources
C. DETERMINATION:
On the basis of this initial evaluation:
0 I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
¡:gJ I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached sheet
have been added to the project. A NEGATIVE DECLARATION will be prepared.
0 I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
0 I find that the proposed project MAY have a significant effect(s) on the environment, but at least one
effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and
2) has been addressed by mitigation measures based on the earlier analysis as described on attached
sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated."
An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that
remain to be addressed.
0 I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed
adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
0 I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed
adequately in an earlier NEGATIVE DECLARA IION pursuant to applicable standards, and 2) have
been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project.
Preparer: Justina \Villkom
,--', ---
?2~ð¿' Á ~~
ElIzabeth A. Binsack, Community Development Director
Title
Associate Planner
Date
January 25, 2005
D. EVALUATION OF ENVIRONMENTAL IMPACTS
Directions
1)
A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is
adequately supported if the referenced information sources show that the impact simply does not apply to projects
like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be
explained where it is based on project-specific factors and general standards (e.g. the project will not expose
sensitive receptors to pollutants, based on a project-specific screening analysis).
2)
All answers must take into account the whole action involved, including off-site, on-site, cumulative project level,
indirect, direct, construction, and operational impacts.
3)
Once the lead agency has determined that a particular physical impact may occur, the checklist answers must
indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant.
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If
there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4)
"Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect
to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-
referenced).
5)
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier ElR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief
discussion should identify the following:
a)
Earlier Analysis Used. Identify and state where they are available for review.
b)
Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of
and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether
such effects were addressed by mitigation measures based on the earlier analysis.
c)
Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and the
extent to which they address site-specific conditions for the project.
6)
Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate, include a reference to the page or pages where the statement is substantiated.
7)
Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8)
This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies
normally address the questions from this checklist that are relevant to a project's environmental effects in
whatever format is selected.
9)
The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and,
b) the mitigation measure identified, if any, to reduce the impact to less than significance.
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
I. AESTHETICS - Would the project: Impact Incorporation Impact No Impact
a) Have a substantial adverse effect on a scenic vista? 0 0 0 r21
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcropping;, and historic buildings
within a state scenic highway? 0 0 0 r21
c) Substantially degrade the existing visual character or
quality of the site and its surroundings? 0 0 ø 0
d) Create a new soùrce of substantial light or glare, which
would adversely affect day or nighttime views in the area? 0 r21 0 0
II. AGRICULTURE RESOURCES: In detennining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Dept. of
Conservation as an optional model to use in assessing impacts
on agriculture and fannland. Would the project:
a) Convert Prime Farmland, Unique Fannland, or Farmland
of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use? 0 0 0 ~
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract? 0 0 0 ~
c) Involve other changes in the existing environment, which,
due to their location or nature, could result in conversion of
Farmland, to non-agricultural use? 0 0 0 r21
III. AIR QUALITY: Where available, the significance
criteria established by the applicable air quality management
or air pollution control district may be relied upon to make the
following detenninations. Would the project:
a) Conflict with or obstruct implementation of the applicable
air quality plan? 0 0 ø 0
b) Violate any air quality standard or contribute substantially
to an existing or projected air quality violation? 0 0 ø 0
c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions, which exceed
quantitative thresholds for ozone precursors)? 0 0 ~ 0
d) Expose sensitive receptors to substantial pollutant
concentrations? 0 0 ~ 0
e) Create objectionable odors affecting a substantial number
of people? 0 0 ~ 0
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
IV. BIOLOGICAL RESOURCES: - Would the project: Impact Incorporation. Impact No Impact
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or
regional plans, policies, or regulations, or by the California
Department ofFish and Game or U.S. Fish and Wildlife
Service? 0 0 0 r8J
b) Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department ofFish and Game or U.S. Fish and Wildlife
Service? 0 0 0 r8J
c) Have a substantial adverse effect on federally protected
wetlands as derIDed by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological interruption, or
other means? 0 0 0 r8J
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites? D D D r8J
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance? 0 0 0 r8J
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, or
other approved local, regional, or state habitat conservation
plan? 0 0 0 r8J
V. CULTURAL RESOURCES: - Would the project:
a) Cause a substantial adverse change in the significance of
a historical resource as deemed in § 15064.5? 0 0 0 r8J
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to § 15064.5? D 0 D r8J
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? D D D 0
d) Disturb any human remains, including those interred
outside of formal cemeteries? D D 0 r8J
VI. GEOLOGY AND SOILS: - Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
i) Rupture of a known earthquake fault, as delineated on the Impact Incorporation Impact No Impact
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42. 0 0 0 [g]
ii) Strong seismic ground shaking? 0 0 [g] 0
iii) Seismic-related ground failure, including liquefaction? 0 0 [g] 0
iv) Landslides? 0 0 0 [g]
b) Result in substantial soil erosion or the loss of topsoil? 0 0 0 [g]
c) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse? 0 0 0 [g]
d) Be located on expansive soil, as dermed in Table 18-I-B
of the Uniform Building Code (2001), creating substantial
risks to life or property? 0 0 r8J 0
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems where
sewers are not available for the disposal of waste water? 0 0 0 [g]
VII. HAZARDS AND HAZARDOUS MATERIALS:
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or disposal of
hazardous materials? 0 0 0 [g]
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment? 0 0 0 r8J
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school? 0 0 D [g]
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government
Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment? 0 0 D r8J
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of a
public airport or public use airport, would the project result in
a safety hazard for people residing or working in the project
area? 0 0 D [g]
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people residing
or working in the project area? 0 0 0 r8J
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
g) Impair implementation of or physically interfere with an Impact Incorporation Impact No Impact
adopted emergency response plan or emergency evacuation
plan? D D D ~
h) Expose people or structures to a significant risk of loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where residences
are intermixed with wildlands? D D D ~
VIII. HYDROLOGY AND WATER OUALlTY: - Would
the project:
a) Violate any water quality standards or waste discharge
requirements? D D ~ D
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowering of the local
groundwater table level (e.g., the production rate of pre-
existing nearby wells would drop to a level which would not
support existing land uses or planned uses for which permits
have been granted)? D D ~ D
c) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a manner which would result in substantial
erosion or siltation on- or off-site? D D ~ 0
d) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount of
surface runoff in a manner, which would result in flooding on-
or off-site? 0 0 ~ 0
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff? D D ~ D
t) Otherwise substantially degrade water quality? 0 0 0 rgJ
g) Place housing within a IOO-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map? 0 0 0 rgJ
h) Place within a IOO-year flood hazard area structures
which would impede or redirect flood flows? D D 0 ~
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding as a result of the failure of a
levee or dam? 0 0 0 [gJ
j) Inundation by seiche, tsunami, or mudflow? D D 0 rgJ
k) Potentially impact stormwater runoff from construction
activities? D D ~ D
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
I) Potentially impact stormwater runoff from post-
construction activities? 0 0 ~ 0
m) Result in a potential for discharge of stormwater
pollutants from areas of material storage, vehicle or equipment
fueling, vehicle or equipment maintenance (including
washing), waste handling, hazardous materials handling or
storage, delivery areas, loading docks or other outdoor work
areas? 0 0 ~ 0
n) Result in a potential for discharge of stormwater to affect
the beneficial uses of the receiving waters? 0 0 ~ 0
0) Create the potential for significant changes in the flow
velocity or volume of stormwater runoff to cause
environmental harm? 0 0 ~ 0
p) Create significant increases in erosion of the project site
or surrounding areas? 0 0 0 ~
IX. LAND USE AND PLANNING - Would the project:
a) Physically divide an established community? 0 0 0 ~
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction över the project
(including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect? 0 0 0 ~
c) Conflict with any applicable habitat conservation plan or
natural community conservation plan? 0 0 0 ~
X. MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the residents
of the state? 0 0 0 ~
b) Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan? 0 0 0 ~
XI. NOISE -
Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies? 0 ~ 0 0
b) Exposure of persons to or generation of excessive
groundbome vibration or groundbome noise levels? 0 0 ~ 0
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
c) A substantial permanent increase in ambient noise levels Impact Incorporation Impact No Impact
in the project vicinity above levels existing without the
project? 0 0 [g 0
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project? 0 0 [g 0
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of a
public airport or public use airport, would the project expose
people residing or working in the project area to excessive
noise levels? 0 0 0 [gJ
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working in the
project area to excess noise levels? 0 0 0 [gJ
XII. POPULATION AND HOUSING - Would the project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)? 0 0 0 [gJ
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere? 0 0 0 [gJ
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere? 0 0 [g 0
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
Fire protection? 0 0 0 I2J
Police protection? 0 0 0 I2J
Schools? 0 0 0 I2J
Parks? 0 0 0 I2J
Other public facilities? 0 0 0 ~
Less Than
Significant
Potentially With Less Than
XIV. RECREATION - Significant Mitigation Significant
Impact Incorporation Impact No Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated? D D D r8J
b) Does the project include recreational facilities or require
the construction or expansion of recreational facilities which
might have an adverse physical effect on the environment? D D D r8J
XV. TRANSPORTATION/TRAFFIC - Would the project:
a) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street system
(i.e. result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)? 0 0 rgJ 0
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways? D D D r8J
c) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that results
in substantial safety risks? 0 0 D rgJ
d) Substantially increase hazards due to a design feature (e.g.
sharp curves or dangerous intersections) or incompatible uses
(e.g., fann equipment)? D D D r8J
e) Result in inadequate emergency access? 0 0 D rgJ
t) Result in inadequate parking capacity? 0 0 D rgJ
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)? 0 D D [8]
XVI. UTILITIES AND SERVICE SYSTEMS -
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board? 0 0 D [8]
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects? 0 D D [8]
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects? 0 0 D [8]
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are new or 0 0 0 [8]
expanded entitlements needed?
e) Result in a detennination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected demand in 0 0 0 [g]
addition to the provider's existing commitments?
f) Be served by a landfill with sufficient pennitted capacity 0 0 0 [g]
to accommodate the project's solid waste disposal needs?
g) Comply with federal, state, and local statutes and 0 0 0 ~
regulations related to solid waste?
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or 0 0 0 ~
prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? . ("Cumulatively
considerable" means that the incremental effects of a project
are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the 0 0 0 [8]
effects of probable future projects)?
c) Does the project have environmental effects, which will
cause substantial adverse effects on human beings, either 0 0 0 ~
directly or indirectly?
S,ICddIJUSTINA\current planniuglEuvironmentallNevi, iJútiaI "udy.dnc
ATTACHMENT A
EVALUATION OF ENVIRONMENTAL IMPACTS
VESTING TENTATIVE TRACT MAP 16790 AND DESIGN REVIEW 04-025
NEVIS TUSTIN, LLC.
1361 EL CAMINO REAL
BACKGROUND
The project site is a 4.99 acre parcel improved with sixty-five (65) apartments (The Cottages)
and is surrounded by commercial developments to the east, El Camino Real Street and Interstate
5 Freeway to the south, and Tustin High School parking lot and school field to the west and to
the north. The site is zoned Multiple Family Residential (R-3) District and designated by the
General Plan as High Density Residential which provide for the development of duplexes,
condominiums, town homes, and apartments at 15-25 dwelling units per acre. The project
density is at 18.64 dwelling units per acre which is below the maximum density of 25 dwelling
units per acre allowed by the High Density Residential land use designation.
The project includes demolition of the existing apartments, a Vesting Tentative Tract Map to
subdivide the parcel into a condominium tract, and a Design Review for the review of building
design, site planning, and site development of a ninety-three (93) unit condominium complex.
The project will include the construction of two (2) and three (3) story buildings with basement
parking totaling 156,655 square feet of residential development. Six (6) plans are proposed
which consist of four (4) floor plans (Plans A, B, C, and D) and two (2) variations of Plan A
(Plan A2 and A3). Plans A and B would have 1,580 square feet of floor area, Plan A2 and A3
would have 1,681 and 1,697 square feet respectively, Plan C would have 2,035 square feet of
floor area, and Plan D would have 1,984 square feet.
1. AESTHETICS
Items a & b - No Impact:
The property is 4.99 acres developed with an existing apartment complex and is surrounded
by developed parcels. The property is not located on a scenic vista or within a State scenic
highway, thus would not damage scenic resources such as trees, rock outcroppings, or
historical buildings within a State scenic highway.
Mitigation Measures/Monitoring Required:
None Required.
Item c - Less Than Significant Impact
The property is currently improved and occupied by one-story apartments. The construction
of a three-story housing project would change the visual character of the site and its
surroundings. The site is surrounded by a two-story commercial building to the east, El
Camino Real street and the elevated Interstate 5 freeway to the south, and Tustin High
School parking lot and play field to the west and north. The buildings will be setback fifteen
Nevis Tustin
VTTM 16790 and DR 04-025
Page 2
(15) feet away from the front property lines, ten (10) feet to eighteen (18) feet away from the
side property lines, and fourteen and half (14~) feet from the rear property line. These
setbacks are greater than the minimum required setbacks of fifteen (15) feet, five (5) feet, and
ten (10) feet for front, side, and rear setbacks, respectively. In addition, trees and heavy
landscaping will be planted within the setback areas. Because adequate landscaping, tract
setback from streets, and decorative architecture will be utilized, there will not be any
significant visual impacts to the site.
Item d - Less than Significant Impact with Mitigation Incorporated
The proposed new condominium complex would generate new light sources with installation
of new exterior lighting for landscape areas, patios, and parking areas. However, the new
sources of light would not adversely affect day- or night-time views in the area since the
amount of lights would be commensurate with a typical residential project and would be
required to comply with the City's security standards and all lights would be arranged so that
no direct rays would shine onto adjacent property.
Mitigation Measures/Monitoring Required:
.
At building plan check the applicant shall submit a photometric study for buildings and
common area lighting and shall ensure that lighting be of a typical residential level and
shall be arranged so that direct rays do not shine on adjacent properties, subject to the
review and approval of the Community Development Director.
2. AGRICULTURAL RESOURCES
Items a, b & c - No Impact:
The proposed project will be located on a site that is currently improved and occupied by
apartment buildings and surrounded by developed commercial properties and a school. The
proposed project is not located on a property designated as Prime farmland, Unique farmland,
or Farmland of Statewide Importance, nor is it located within a property zoned for agricultural
use, or a Williamson Act contract; therefore, the project will have no impacts on any farmland,
nor will it conflict with existing zoning for agricultural use, or a Williamson Act contract. The
proposed project will not result in conversion of farmland to a non-agricultural use.
Mitigation Measures/Monitoring Required:
None Required
Sources:
Tustin General Plan
Field Inspection
Submitted Plans
Tustin City Code
Nevis Tustin
VTTM 16790 and DR 04-025
Page 3
3. AIR QUALITY
Items a. b. c. d & e - Less Than Significant Impact:
The project will temporarily increase the amount of short-term emissions to the area due to
grading of the property and construction activities. Since the site is relatively flat, only minor
grading will be required. The project is below the thresholds of significance established by
Tables 6-2 (operation thresholds) and 6-3 (construction thresholds) of the Air Quality
Management District's CEQA Air Quality Handbook. The Air Quality Management
District's CEQA Air Quality Handbook is intended to provide professional guidance for
analyzing and mitigating air quality impacts of projects when preparing environmental
documents.
The construction of fewer than 1,309,000 square feet of building, the grading of fewer than
177.00 acres, and the operation of fewer than 297 condominium units is not considered a
significant impact. Since the total building area will be 156,655 square feet on 4.99 acres of
land and the project would have a total of 93 units, which is less than the operational
threshold of 297 units, no impact is anticipated. Less than significant short-term emissions
associated with grading, construction, and operation of the proposed project will comply with
the regulations of the South Coast Air Quality Management District and the City of Tustin
Grading Manual, which include requirements for dust control. As such, the proposed project
will not create a significant impacts related to air quality.
Mitigation Measures/Monitoring Required:
None Required
Sources:
South Coast Air Quality Management District Rules & Regulations
City of Tustin Grading Manual
Project Application
Field Inspection
4. BIOLOGICAL RESOURCES
Items a. b. c. d. e & f - No Impact:
The site is improved and occupied by an apartment complex and is surrounded with
properties that are developed with pavement and structures. The site is not inhabited by any
sensitive species of animals and would have no impacts on animal populations, diversity of
species, or migratory patterns. No wetlands exists within the project site. The project would
include the removal of trees to accommodate the development and new trees and landscape
materials will be provided in accordance with the Tustin Landscape and Irrigation guidelines.
No impacts to any unique, rare, or endangered species of plant or animal life identified in local
or regional plans, policies, or regulations by the California Department of Fish and Game or
U.S. Fish and Wildlife Service would occur as a result of this project.
Mitigation Measures/Monitoring Required:
None Required
Nevis Tustin
VTTM 16790 and DR 04-025
Page 4
Sources:
Field Inspection
Submitted Plans
Tustin City Code
5. CULTURAL RESOURCES
Items a. b. c & d - No Impact:
The property is not located within the City's Cultural Resources Overlay District, nor is there
any identified cultural, historic, or archaeological resources identified on the site. The site is
not located in an area of high paleontological sensitivity as illustrated in the City's General
Plan. The project would have no impacts on cultural resources.
Mitigation Measures/Monitoring Required:
None Required
Sources:
Submitted Plans
Tustin Zoning Code
Tustin City Code
Tustin General Plan
6. GEOLOGY & SOILS
Items a-H. a-iH. & d - Less Than Significant Impact:
The proposed building will be located on expansive soil and is located within an area that
may subject people or structures to strong seismic ground shaking and seismic-related ground
failure including liquefaction. However, a soils report is required to be submitted prior to
building permit issuance per the 2001 Uniform Building Code to demonstrate compliance
with Chapter 18, which requires proper excavation and fills for buildings, structures,
foundations, and retaining structures, and appropriate construction techniques to ensure
seismic stability. No significant impact is anticipated since the project would be conditioned
to comply with the 2001 Uniform Building Code related to Chapter 18.
Mitigation Measures/Monitoring Required: None Required
Sources:
Tustin General Plan
Tustin City Code
2001 Uniform Building Code
Project Application
Field Evaluation
Nevis Tustin
VTTM 16790 and DR 04-025
Page 5
Items a-Í. a-iv. b. c. & e - No Impact:
The project site is not located within an area on the Alquist-Priolo Earthquake Fault Zoning
Map. The project will not be located on a geologic unit or soil that is unstable and will not
result in on- or off-site landslide, lateral spreading, subsidence, or collapse. Since all new
buildings in the City are required to operate on the existing sewer system, the use of septic
tanks or alternative wastewater disposal systems will not be necessary.
Sources:
Tustin General Plan
Tustin City Code
2001 Uniform Building Code
Project Application
Field Evaluation
7. HAZARDS & HAZARDOUS MATERIALS
Items a through h - No Impact:
The proposed project involves the construction of a ninety-three (93) condominium complex.
No storage or transports of hazardous materials are anticipated from the proposed residential
development. The project would not result in exposure to hazardous substances other than
the possibility of household hazardous waste generation which residents could properly
dispose of most unwanted items at approved County drop-off locations. Because the use is
for residential purposes, the project is not anticipated to need or emit hazardous materials
which could create a hazard to the adjacent school or the general public if released into the
environment. The site is not listed as a hazardous materials site, is not located on any
potential impact zones identified for John Wayne Airport, and there are no private airstrips
nearby. The project has been reviewed by the Tustin Police Department who determined that
the project will not interfere with any evacuation plans. The project has received preliminary
review by the Orange County Fire Authority and no comments were received indicating that the
project would interfere with any evacuation plans. All grading and construction is subject to
compliance with all applicable Uniform Building and Fire Codes. As such, the project is not
anticipated to result in any significant hazards.
Mitigation MeasuresIMonitoring Required:
None Required.
Sources:
Uniform Building and Fire Codes
Submitted Plans
Tustin General Plan
Nevis Tustin
VTTM 16790 and DR 04-025
Page 6
8. HYDROLOGY & W A TEß..Q!!MJIX
Items a. b. c. d. e. k. 1. m. n & 0 - Less Than Significant Impact:
The project site is relatively flat, and the proposed project will continue to maintain a
relatively flat site with improved site drainage, including roads, curbs and gutters, and
additional landscaping. With new construction, there is the potential to impact stormwater
runoff from construction and post-construction activities with stormwater pollutants from the
maintenance of landscape areas and the trash enclosures. There is also the potential for
discharge of stormwater to affect the beneficial uses of the receiving waters and changes in
the flow velocity or volume of storm water runoff. However, the project is required to
comply with the City's Water Quality Ordinance and most recently adopted NPDES permit
(Santa Ana Regional Water Quality Control Board (RWQCB) Order R8-2002-001O), thus
reducing any potential impacts to a level of insignificance. Together, these regulations
minimize water pollution by regulating point sources that discharge pollutants into local
waters. As such, the project will not violate any water quality standards or waste discharge
requirements or degrade water quality in the area.
Mitigation Measures:
None Required.
Sources: Field Verification
Submitted Plans
Tustin City Code
California Seismic Hazard Zone Map, Tustin Quadrangle, January 17,2001
Items f. g. h. i. i and p - No Impact:
The project site is relatively flat, and the proposed project will continue to maintain a
relatively flat site with improved site drainage and additional landscaping. A significant
amount of stormwater received on-site will percolate into the soil where landscaping is
provided and remaining stormwater will be conveyed through a fossil filter prior to entering a
City stormdrain. City stromwater infrastructure is able to accommodate additional water
from the project. The applicant must provide a drainage and hydrology report to the City and
demonstrate that the private stormwater drainage system will be able to able to handle the
capacity of any wastewater directed into the system. Best Management Practices are
required to be implemented for construction activity and would deter water from flowing off-
site. Any water that would leave the site would be filtered prior to entering a City storm
drain. Best Management Practices will also be implemented to ensure that, once the tract is
constructed, wastewater will be filtered prior to entering the storm drain. As such, the project
will not violate any water quality standards or waste discharge requirements or degrade water
quality in the area.
While the project is located within Zone X (areas of 0.2 percent annual chance flood), the
project site is located outside a 1O0-year flood hazard area (areas of 1 percent annual chance
of flood) as mapped on a Flood Insurance Rate Map. Accordingly, the project will be
Nevis Tustin
VTTM 16790 and DR 04-025
Page 7
designed and graded with appropriate drainage system to avoid any potential flood hazards.
The project is not located within a I DO-year flood hazard area structure which will impede or
redirect flood flows. The project site will not expose people or structures to a significant risk
ofloss, injury, or death as a result of the failure of a levee or dam, or by inundation by seiche,
tsunami, or mudflow.
Mitigation Measures:
None Required.
Sources:
Field Verification
Submitted Plans
Tustin City Code
Federal Flood Insurance Rate Map
9. LAND USE PLANNING
Items a. b & c - No Impact:
The property is designated by the General Plan Land Use Map as High Density Residential
and zoned Multiple Family Residential (R-3). The proposed use would be consistent with
the applicable land use and zoning regulations. The proposed project would increase
percentage of ownership housing consistent with Goal 3 of the Housing Element, the project
is accessible through the City's current street system, and the project could be supported with
existing transportation and public facilities.
The proposed project would not divide an established community since it includes
construction on an existing site that is already improved with multiple family residential.
The proposed project is not located in the conservation plan or natural community
conservation plan. The proposed project would not conflict with any applicable conservation
plan.
Mitigation Measures:
None Required.
Sources:
Submitted Plans
Tustin City Code
Tustin General Plan
Tustin Zoning Map
10. MINERAL RESOURCES
Items a & b - No Impact:
The proposed project is not located on a mineral resource recovery site. The construction of
a ninety-three (93) unit condominium complex on a lot which is improved with an apartment
complex will not result in the loss of availability of a known mineral resource.
Nevis Tustin
VTTM 16790 and DR 04-025
Page 8
Mitigation Measures/Monitoring Required:
None Required
Sources:
Submitted Plans
Tustin City Code
Tustin General Plan
11. NOISE
Item a - Less Than Significant with Mitigation Incorporation
The project will be constructed within an area with exterior Community Noise Equivalent
(CNEL) contours that range from 60 dB to 70 dB (Figure N-l of Tustin Noise Element). The
provisions of the State of California Noise Insulation Standards and the City of Tustin Noise
Ordinance limits the indoor noise levels for multifamily residential living spaces to not
exceed 45 dB and exterior noise level to not exceed 55dB. Table N-2 of the Tustin Noise
Element identifies potential conflicts between the land uses and the noise environment. Per
Table N-2, the proposed project falls within Zone A through Zone C. Zone A implies no
mitigation measure will be needed, Zone B implies minor soundproofing may be needed, and
Zone C implies noise mitigation such as construction of noise barriers or building sound
insulation will be necessary.
Since the buildings along EI Camino Real will be located within Zone C, the applicant
submitted an acoustical analysis (Exhibit 1), which analyses potential noise impacts. Based
upon the submitted acoustical analysis, the exterior ambient noise level at the project site is at
71.1 dB which is above the exterior noise standards for residential properties of 55 dB. In
this event, Section 4614( c) of the Tustin City Code allows the maximum noise level to be
increased to reflect the ambient noise level of 71.1 dB.
The study also recommends needed noise insulation features in the design of the buildings to
reduce the interior noise level to 45 dB. The noise reduction technique recommended by the
acoustical analysis would be implemented and made as conditions of the project. With the
implementation mitigation measures listed below, potential noise impact would be reduced to
less than significant.
Mitigation Measures/Monitoring Required:
.
Roof ceiling construction will be roofing on V2" plywood. Batt insulation will be
installed in joist spaces. The ceilings will be one layer of 5/8" gyp board nailed direct.
.
All exterior walls will be 2 x 4 studs 16" O.c. with Batt insulation in the stud spaces.
Exteriors will be exterior plaster or stucco. The interiors will be 5/8 gyboard.
.
All windows and glass doors shown in red light in Figure 1 if the Acoustical Analysis
(Exhibit 1) will be glazed with STC 32 glazing. STC 32 glazing can be provided with
either 1/4" laminated glass or a dual pane assembly with a W' airspace. In either case,
Nevis Tustin
VTTM 16790 and DR 04-025
Page 9
the glazing supplier should submit a test report documenting the STC 29 rating. The test
report should be prepared in an independent, accredited testing laboratory in accordance
with ASTM E-90.
.
All other windows and glass doors may be standard glazing.
.
All entry doors would be 1-3/4 solid core doors with weather stripping seals on the sides
and top. Glazing in entry doors should not be accepted.
.
There should not be no mail slots in the entry doors.
.
If interior allowable noise levels are met by requiring that windows be unopenable or
closed, the design for the structure must also specify a ventilation or air conditioning
system to provide a habitable interior environment. The ventilation system must not
compromise the dwelling units or guest room noise reduction.
Sources:
Submitted Plans
Submitted Noise Analysis (Exhibit 1)
Tustin City Code
Tustin General Plan
Tustin Zoning Code
Items b, c & d- Less Than Significant Impact:
The project includes construction of ninety-three (93) condominium units on an existing
parcel that is developed with an apartment complex. Although the grading and construction
of the site may result in typical temporary construction noise impacts, the Tustin Noise
Ordinance only allows construction activities to occur during the daytime on Monday
through Saturday to eliminate construction noise during the nighttime hours.
The proposed project will not create excessive ground vibrations, nor will it create a pennanent
increase in the existing ambient noise levels beyond the established standards.
Mitigation Measures/Monitoring Required: None Required
Sources:
Submitted Plans
Tustin City Code
Tustin General Plan
Item e & f - No Impact:
The site is not located within an airport land use plan or within two (2) miles of a public or
private airport. The proposed project is three (3) stories in height with basement parking.
Although the project is not located within the John Wayne Airport flight path, it is in close
proximity to the incoming flights over the State Route 55 freeway to John Wayne Airport.
Nevis Tustin
VTTM 16790 and DR 04-025
Page 10
The City, County, and State criteria for Community Noise Equivalent (CNEL) for exterior
residential uses is 65 dB consistent with the Tustin Noise standards. In accordance with the
California Airport Noise Standards, John Wayne Airport performs quarterly noise monitoring
at several locations. Based on the quarterly noise abatement reports, the project is not
located within the 65 CNEL area/noise impact area. As a result, no specific method of
construction would be required to mitigate the unanticipated aircraft noise impacts. The
project, however, would be conditioned to meet City's noise standards.
Mitigation Measures/Monitoring Required:
None Required
Sources:
Submitted Plans
Tustin City Code
Tustin General Plan
Tustin Zoning Code
12. POPULATION & HOUSING
Items a and b - No Impact:
The proposed project would replace sixty-five (65) apartment units with ninety-three (93)
condominium units and increase the number of housing units in the area by 28 units. The
increase in the number of units, however, is within the allowable housing units and
population as identified in the City's General Plan. The increase in housing units and
population would not be substantial in that new public streets or new public services would
need to be created. In addition, the project would replace existing rental housing units with
ownership housing units; thereby, increasing the City's ownership housing units ratio
consistent with Policy No. 3.1 of the Tustin Housing Element of the General Plan. The
proposed project would not displace substantial number of existing housing, but rather
replace and add additional housing units.
Item c - Less than Significant Impact:
The project site is currently improved with sixty-five (65) apartments comprised of sixty-four
(64) two-bedroom units and one (1) one-bedroom unit. These units are rented at market rate
(not considered as affordable units) and the existing residents are on a month to month lease.
While there will be displacement of existing residents as a result of the proposed project, the
displacement would not be substantial nor necessitate the construction of replacement
housing elsewhere since the impact could be absorbed by the local rental market. Although
the project is not required by law to provide relocation assistance, the project would be
conditioned to provide a minimum of ninety (90) days (Real Estate law requires sixty (60)
days) to current residents to allow adequate time to find replacement housing.
Nevis Tustin
VTTM 16790 and DR 04-025
Page 11
Mitigation MeasuresIMonitoring Required:
.
The developer shall provide current residents with a minimum of ninety (90) days notice
to vacate the project site to allow for sufficient time to find replacement housing.
Sources:
Submitted Plans
Tustin City Code
Tustin General Plan
13. PUBLIC SERVICES
Item a - No Impact:
The proposed project would construct ninety-three (93) condominium units. The proposed
project is in an existing urbanized area where fire and police protection are currently
provided. Although the project would increase the number of housing units within the area,
no new streets, public services, or infrastructure would need to be created.
Mitigation MeasuresIMonitoring Required:
None
Sources:
Submitted Plans
Tustin City Code
14. RECREATION
Items a & b - No Impact:
The project would include a private community pool recreation area to benefit the residents
of the project. However, since the size of the pool area does not comply with the minimum
criteria for parkland dedication, the project would be conditioned to dedicate parkland
elsewhere or pay in lieu fees for parkland dedication in accordance with Section 9331 of the
Tustin City Code. The developer has indicated that they will pay in lieu fee to comply with
Section 9331 of the Tustin City Code.
While the residents of the project may use existing City's parks, the increased use of existing
parks would not be such that substantial deterioration of the facility would occur or be
accelerated, nor would the project include recreational facilities that would have an adverse
physical effect on the environment.
Mitigation MeasuresIMonitoring Required:
. Prior to issuance of a building permit, the applicant shall dedicate a minimum of .0065
acre per dwelling unit based on density of 18.64 dwelling units per acre for parkland or
pay fees in lieu of parkland dedication. The value of the amount of such fees shall be
based upon the requirements of Section 9331.d.3 of the Tustin City Code.
Nevis Tustin
VTTM 16790 and DR 04-025
Page 12
Sources:
Submitted Plans
Tustin City Code
15. TRANSPORTATIONffRAFFIC
Item a - Less Than Significant Item b - No Impact:
The traffic analysis for this project is contained in a document prepared by Katz, Okitsu &
Associates (Exhibit 2 ). The project is anticipated to generate approximately 744 dail y
vehicle trips. This is an increase of 316 vehicles per day more than the existing land use. El
Camino Real, where the project is located is a four-lane street and has a capacity of 24,000
vehicles. Currently El Camino Real serves 11,500 vehicles per day. Adding 316 vehicles
per day to the existing level of service would bring El Camino Real to a total of 11,816
vehicles per day which is still below the maximum capacity. Therefore the increase of three
(3) percent to the existing level of service is considered to be insignificant. In addition, the
total trips from the site are not sufficient to warrant a traffic signal at this location.
In the AM peak hour, 62 trips are expected which include 16 trips entering and 46 trips
exiting the site. In the PM peak hour, 73 trips are expected which include 42 trips entering
and 31 trips exiting the site. This is an increase of 32 additional trips in the AM peak hour
and 35 additional trips in the PM peak hour from the current land use. The peak hour volume
of 46 outbound trips is less than the threshold value for minor street volume for the peak hour
traffic signal warrant.
In addition to the trip generation study, observations were done before and after school to
assess the interaction of the project with the adjacent Tustin High School. There is very little
interaction between vehicles entering and exiting the project site and vehicles to and from
Tustin High School in either AM or PM high school peak periods. However, re-striping the
existing paved median to provide a 75-foot left turn lane into the project would provide
sufficient room for vehicles to turn left into the project. Pedestrian traffic along El Camino
Real before and after school was also observed and was found to have little impact on the
ability of vehicles to enter and exit the existing apartments during those periods.
In conclusion, while the study finds that the traffic impacts of the proposed project have no
adverse effect on the surrounding street system, the study uses assumptions and
recommendations that tie to the project design and density. Therefore, should the project's
density or design be modified, a new or revised traffic study would be required.
Mitigation Measures/Monitoring Required:
. The applicant shall re-stripe the existing paved median to provide a 75-foot left turn lane
into the project.
. Nevis Tustin
VTTM 16790 and DR 04-025
Page 13
Items c. d. e. f & g - No Impact:
The proposed project will not induce substantial population or growth wherein the project
will not result in changes to air traffic patterns, or conflict with adopted policies, plans, or
programs supporting alternative transportation such as bus turnouts or bicycle racks. The
project includes sufficient parking on-site including guest parking to comply with current
parking requirements for the proposed use. In addition, guest parking spaces are dispersed
through out the project to serve each building and to minimize congestion within specific
area of the project. As such, no impacts to parking are anticipated.
Mitigation MeasuresIMonitoring Required: None Required.
Sources:
Submitted Plans
Tustin City Code
Traffic Impact Analysis (Exhibit 2)
16. UTILITIES & SERVICE SYSTEMS
Items a. b. c. d. e. f & g - No Impact:
The proposed project will not exceed the requirements of the applicable Regional Water Quality
Control Board or require or result in the construction of new water or wastewater treatment
facilities. The proposed project will utilize the existing sewer and storm drain systems and thus
will not require construction of a new storm water drainage facility or solid waste facility. The
project would be required to submit hydrology report ensure proper grading, drainage, and
sewer systems. The project will utilize the City's existing trash hauler contract, thus not
requiring a new trash hauler. Adequate water supply 1Ìom existing resources will be available to
serve the proposed project.
Mitigation MeasuresIMonitoring Required: None Required.
Sources:
Submitted Plans
Tustin City Code
Tustin General Plan
17. MANDATORY FINDINGS OF SIGNIFICANCE
Items a. b & c - No Impact:
The project design, construction, and operation will comply with applicable regulations. The
project, by nature of its location and as designed, does not have the potential to: degrade the
quality of the environment; reduce the habitat of fish or wildlife species; cause a fish or
wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or
animal community; reduce the number or restrict the range of a rare or endangered plant or
animal; or, eliminate important examples of the major periods of California history or
Nevis Tustin
VTTM 16790 and DR 04-025
Page 14
prehistory. The project does not have the potential to achieve short-term environmental goals
to the disadvantage of the long-term. It does not have impacts that are individually limited
but cumulatively considerable or that would cause substantial adverse impacts on human
beings.
Sources:
Submitted Plans
Tustin City Code
Tustin General Plan
S:\CddIJUSTINA\current planninglEnvironrnentallNevis Attachment Adoc
Exhibit 1
Acoustical Analysis
Received (MON)AUG 23 200411:58
Davy""
& ASsociates. Inc.
Consultants in Acousrics
2627 ManhQrtJJn Beach Bl"d..$uitt212 . Redrmdo Beach. CA 90278-1604 . Tel: JI0-643-5161 . Fax: 310-643-5364 . Emo.il:DcwyASJ'oc@aol.cO1"1
JN2004-84
MR160
ACOUSTICAL ANALYSIS
The Cottages
Tustin, California
FOR
Nevis Homes, LLC
Arcadia, California
August, 2004
R.eceived (MON)AUG 23 200411:58
1.0 Introduction.
At the direction of Nevis Homes, LLC, Davy & Associates, Inc. has completed an
acoustical analysis of The Cottages Project in Tustin California.
The California Administrative Code (Title 24) as enforced by Tustin specifies
maximum allowable interior noise levels of CNEL 45 for all habitable spaces in
residential buildings where exterior noise from transportation sources exceeds CNEL
60.
Section 2.0 of this report contains the results of measurements and calculations of the
future exterior noise environment at the site to determine compliance with these
requirements. .
Section 3.0 of this report contains recommendations for complying with the Tustin
interior noise level requirements.
Section 4.0 of this report contains the requirements of the State Building Code
concerning ventilation. '
2.0 Exterior and Future Acoustical Environment
Environmental noise levels were monitored at the site in Tustin, California on August
18, 2004 between the hours of 4:00 p.m. and 4:30 p.m. The location of the site is
shown in Figure 1. Noise measurements were made at the south building line.
Noise levels at the site are dominated by traffic on the Rt. 5 Freeway and by traffic on
EI Camino Real to the south. No other significant sources of noise were noted during
the site visit.
Environmental noise -levels were measured with a precision integrating LD 820 sound
level meter that had been calibrated with a B&K 4230 Acoustical Calibrator
immediately prior to use. The sound level meter measures and displays the
equivalent noise level (LEQ), as well as the maximum and the minimum noise levels
during the measurement period. A copy ofthe analysis of the acoustical data is
attached to this report. .
1
Received (MON)AUG 23 200411:58
The data thus collected were analyzed to determine the CNEL level at the
measurement location. The CNEL value was determined by measuring the equivalent
noise level (LEQ) directly, and then calculating the equivalent noise level for each of
the other 23 hours in the day.1 This CNEL approach has been utilized extensively.
The accuracy of this procedure has been established with automatic 24-hour
measurements at the same location. The procedure has always been within
acceptable accuracy limits. The results ofthe monitoring and calculations are
summarized below in Table 1.
Table 1
Measured Ambient Noise Levels In dB
Location
Peak Hour LEO
CNEL
S. Building Line
67.1 dB
71.1 dB
Section 3501.(c) of the State Building Code states the following:
Worst-case noise levels eìther existing or future, shall be used as the basis for
determining compliance with this Section. Future noise levels shall be
predicted for period of at least 10 years from the time of building permit
application.
CAL TRANS, Division of Traffic Operations publishes an annual traffic volume book
that contains previous traffic trends. The 2000 traffic volumes on the California State
Highway System Book (the latest edition available) lists an average annual increase
of 2.2% per year in annual traffic volumes for the years 1994 through 1999. Assuming
that this annual growth of 2.2% would hold for this site, it was projected that traffic
volumes would increase by a factor 1.24 by the year 2014. This traffic volume
increase over the next 10 years would resutt in a 0.9 dB traffic noise increase.
Therefore, the projected future year noise level is summarized in Table 2;
I
Table 2
Exterior 2014 CNëL Value at the Site in dB
location
CNEL
S. Building Line
72.0 dB
1 See, for example, "Insulation of Buildings Against Highway Noise," Bruce Davy and Steven Skate,
Federal Highway Administration FHWA-TS-77-202.
2
Kecelved \MONJAUG 23 200412:00
With an exterior noise level of CNEL 72.0, the buildings must provide an A-weighted
noise reductíon value of at least 27 dB to achieve an interior CNEL 45 value.
Standard construction consisting of 2x4 studs with R-11 insulation, exterior stucco,
interior gypboard, and standard glazing provides a minimum A~weighted noise
reduction of 20 dB. '
If all windows and glass doors shown in red high light on Figure 1 are glazed with STC
32 glazing, the noise reduction of this Building will be a minimum of 30 dB.
This means that with the use of standard construction and STC 32 glazing in all south
facing windows and glass doors, interior noise levels should not exceed CNEL 45.
Therefore, the Building will comply with the California Noise Insulation Standards as
enforced by Tustin.
STC 32 glazing can be provided with either 1/4" laminated glass or a dual pane
assembly with a 1/2" airspace. In either case, the glazing supplier should submit a test
report documenting the STC 32 rating. The test report should be prepared in an
independent, accredited testing laboratory in accordance with. ASTM E-90.
3.0 Construction Recommendations
3.2
3.3
3.4
3.5
3.6
3.1
Roof ceiling construction will be roofing on 1/2" plywood. Batt insulation will be
installed in joist spaces. The ceilings will be one layer of 5/8" gyp board nailed
direct.
All exterior walls will be 2x4 studs 16" O.c. with Batt insulation in the stud
spaces. Exteriors will be exterior plaster or stucco. The interiors will be 5/8"
gypboard.
All windows and glass doors shown in red high light on Figure 1 will be glazed
with STC 32 glazing. STC 32 glazing can be provided with either 1/4" laminated
glass or a dual pane assembly with a 1/2" airspace. In either case, the glazing
supplier should submit a test report documenting the STC 29 rating. The test
report should be prepared in an independent,. accredited testing laboratory in
accordance with ASTM E-90. :
All other windows and glass doors may be standard glazing.
All entry doors should be 1-3/4 solid core doors with weather stripping seals on
the sides and top. Glazing in entry doors should not be accepted.
There should be no mail slots in the entry doors.
4
Kecel ved \MONJAUG 23 2004 12:00
4.0 Ventilation Requirements
The California Noise Insulation Standards (Title 24) states the following paragraph
concerning ventilation:
"If interior allowable noise levels are met by requiring that windows be
unopenable or closed, the design for the structure must also specify a
ventilation or air-conditioning system to provide a habitable interior
environment. The ventilation system must not compromise the dwelling unit or
guest room noise reduction."
With windows open, typical noise reduction values will be in the 12 dB range. This
means that a ventilation system must be provided for all habitable rooms. This can
normally be supplied with an FAU (forced air unit) with a summer switch. Outside air
intake must be in compliance with Section 12.03.3 of the 1997 edition of the Uniform
Building Code.
Bruce A. Davy, P.E.
I.N.C.E. Board Certified
Davy & Associates, Inc.
5
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Rfceived (MON)AUG 23 200412:01
SITE M NITORING NOISE ANALYSIS
JN2004-84
MR160
PROJECT:
LOCATION:
THE COTTAGES
I
,
SOUTH BUILDING LINE
TEST DATE:
START TIME:
END TIME:
AUGUST 18,2004
4:00 P.M.
4:30 P.M.
EQUIPMENT USED:
LD 820 SLM
1/2" RANDOM INCIDENCE MIC
WINDSCREEN
8&K4230 CALIBRATOR
TRIPOD
WIND SPEED INDICATOR
MICRONT A THERMOMETER/HYGROMETER
TEMPERATURE: 76Of
RELATIVE HUMIDITY: 55%
WIND: 0-2 mph
LEO: 67.1 L90: 60.3
LMAX: 80.7 L50: 63.6
LMIN: 58.1 L25: 67.0
CNEL: 71.1 La: 69.9
LDN: 71.1 L2: 72.1
L 1: 73.1
DAVY
& ASSOCIA TESr INC.
Consultants in ACoustics
Exhibit 2
Traffic Study
'7852 E. Seventeenth St.
Suite '02 Mr. Scott Yang
Tustin. CA Nevis Homes
92780-2142
255 East Santa Clara Street, Suite 210
Arcadia, CA 91006
7'4.573.0317
fax: 7'4.573.9534
r Katz, Okitsu & Associates
~~ Traffic Engineers and TransporÚltion Planners
:;-r"'-¡',"
Ie t" r: l'
December 2,2004
J l~ Xl' .;: (j <' Of'!!
..." c. ! ,t. "t'"
. , .., . ~, '- ,.,
koaoc@katzokitsu.com Subject:
www.katzokitsu.com
Los Angeles
323.260.4703
fax: 323.260.4705
San Diego
6' 9.683.2933
fax: 619.683.7982
San Bernardino
909.890.9693
fa):: 909.890.9694
Limited Traffic Study for Residential Project in the City of Tustin
Dear Mr. Yang:
Katz, Okitsu & Associates is pleased to present the traffic impact study report for a
proposed residential project in the City of Tustin. The project is located along EI
Camino Real north of Redhill Avenue and consists of 93 town homes on a 5.2-acre lot.
The traffic study has been prepared to meet the traffic study requirements of the City
of Tustin for the analysis of traffic impacts associated with the proposed development.
The report is being submitted to you for review and forwarding to the City of Tustin.
Please contact our office if you have any questions or comments about the report, or if
you need additional information to complete your submittal. If there are any
comments that require response or revisions, please notify our office as soon as
possible for prompt revision.
It has been a pleasure to prepare this study for Nevis Homes and the City of Tustin.
Sincerely,
.<i~~>~
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Principal
j: \ cities \ TUSTINVA47o8 R,dhill-ElC(/mino\Report\TU_ElC(/minoR,al-Traf)í'c Smdy Revised.doc
.Katz, Okitsu & Associates
Traffic EnglllcCf'; </lId Tral/s¡'C!rlaliOlI Plal/ners
limited Traffic Study for a Residential Project
in the City of Tustin
The subject of this traffic impact study is a proposed townhouse project located along El Camino
Real in the City of Tustin. The developer of the proposed project is Nevis Homes, of Arcadia,
California. The project is at 1361 EI Camino Real in the City of Tustin. The proposed project is
replacing 65 existing apartments with 93 new townhomes. The site will provide a total of 217
parking spaces. The project location is shown on Figure 1. The proposed site plan is shown on
Figure 2
The City is requesting a trip generation analysis to show the difference in trips from the site due
to the proposed development, an analysis of the on-site circulation, and access to EI Camino Real.
EXISTING CONDITIONS
El Camino Real has two travel lanes in each direction and a center turn lane running parallel to 1-5
in the vicinity of the project. The traffic volume on the street is 11,500 vehicles per day. Tustin
High School is adjacent to the project site on the northwest. There are commercial land uses at
the intersection of El Camino Real with both Redhill Avenue and Newport Avenue.
PROJECT RELATED TRAFFIC
The proposed project, located on El Camino Real north of Redhill Avenue, consists of a 93-unit
townhouse project. These facilities are expected to generate additional traffic volumes based on
established ITE trip generation rates as documented below.
Project Trip Generation
Trip generation is a measure or forecast of the number of trips that begin or end at the project site.
Allor part of these trips will result in traffic increases on the streets where they occur. The traffic
generated is a function of the extent and type of development proposed for the site.
Prepared for Nevis Homcs
Limited Traffic Study for a Rcsidcntial Project in thc Cit)' or Tustin
December 2004 .
W Main St.
E Main SI.
W McFadden SL
N
t
_Katz, Okitsu & Associates
~.... Traffic Engineers and Transportation Planners
Residential Project City ofTustin
Figure 1
Project Location
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Site Plan
_Katz, Okitsu & Associates
Traffic Engil/ws IIltd Tral/s/lOrtarion Pial/nus
Trip generation is generally equal to the traffic volume expected at the project entrance. The trip
generation rates are equivalent to the number of trips that start ,or end (in and out) at the project
site, and are specific by land use for a given time period (i.e. am peak hour). Trip generation rates
are expressed as a function of a given characteristic of the land use area (i.e. floor area, site area,
number of employees, or seating capacity. The rates are based on regression analysis, and are
derived from field observations from as many sources as possible. At each site, trips in and out of
site are counted, trip rate modifiers are identified and regression analysis is used to derive a "best
fit" for a particular land use. An equation is developed which calculate average trip generation rate
for the specific land use.
The project trips summarized below in Table 1 are based on trip generation rates provided by ITE
Trip Generation, 7th Edition with consideration of comparable trip generation rates for similar uses
in this region. This report is widely used in Southern California and indicates the probable traffic
generation rates for various land uses based on studies of existing developments in comparable
settings.
Existing Land Use Traffic
A 65-unit apartment complex currently occupies the project area. The trip generation currently
associated with the project site is also shown on Table 1.
Prepared for Nevis Homes
Limited Traffic SrudV for a Residential Projecl ill the Ciw of T uslIl1
December 2004
4
_Katz, Okitsu & Associates
TrafTic EngÍllccrs and Transl'orttllion Planllers
Land Use Measure Daily AM Peak Hour PM Peak Hour
Total In Out Total In Out
Trip Generation Rates
Low-Rise Residential ,
CondominiumlT ownhouse DU 8.00 0.67 0.17 0.50 0.78 0.45 0.33
TE Code 231
ow-Rise Apartment DU 6.59 0.46 0.10 0.36 0.58 0.38 0.20
TE Code 221
.. Vehicle Trips
.
Existing Active Use
(Trip Credits) 65DU 428 30 6 24 38 25 13
Low-Rise Apartment
ITTE Code 221
Proposed Use
Low-Rise Residential 93DU 744 62 16 46 73 42 31
CondominiumlT ownhouse
ITTE Code 231
NET Project Trips 316 32 10 22 35 17 18
Table 1
Project Trip Generation
As shown in Table 1, the project is expected to generate approximately 744 daily trips. Of this
amount, 62 are expected to be in the AM peak hour, including 16 trips entering and 46 trips
exiting the site. There are expected to be 73 trips during the PM peak hour, including 42 trips
entering and 31 trips exiting the site. This is a net increase of 316 daily trips with 32 additional
trips in the AM peak hour and 35 additional trips in the PM peak hour.
PROJECT IMPACTS
Traffic impacts are identified if the proposed project will result in a significant change in traffic
conditions on a roadway or intersection. A significant impact is normally defined when project
related traffic would cause level of service to deteriorate to below the minimum acceptable level
by a measurable amount. Impacts may also be significant if the location is already below the
minimum acceptable level and project related traffic causes a further decline.
Prepared for Nevis Homes
LImited Traffic Study for a Residential Pro/ecl in the Ci1)l o{ Tustin
December 2004
5
. '_Katz, Okitsu & Associates
Traffic EngJ//ars "lid Tral/sportation Plal/ners
The project will have 744 vehicles per day going out onto El Camino Real. This is an increase of
316 vehicles per day above the existing land use. The resulting "NET Project Trips" are shown in
Table 1. The total trips from the site are not sufficient to warrant a traffic signal at this location.
The peak hour volume of 46 outbound trips is less than the threshold value for minor street
volume for the peak hour traffic signal warrant. A copy òf the Warrant is provided in the
appendix. Adding 316 vehicles per day on a street that is currently serving 11,500 vehicles per day
is a 3% increase. A four-lane street has a capacity of 24,000 vehicles per day. This additional traffic
will have little impact on EI Camino Real.
Observations were done before and after school to assess the interaction of the project with the
adjacent Tustin High School. There is very little interaction between vehicles entering and exiting
the project site and vehicles to and from Tustin High School in either the AM or PM high school
peak periods. Significant pedestrian traffic along El Camino Real before and after school was
observed. There was little impact on the ability of vehicles to enter or exit the existing apartment
complex during those periods. Construction at the comer of Redhill Avenue and EI Camino Real
seemed to have more of an impact on traffic along EI Camino Real than the high school or the
existing apartment complex.
As the vehicles turning left into the project on EI Camino Real have to stop in the existing
median, the existing paved median could be restriped to provide a 75-foot left turn lane into the
project. There is 297 feet from the proposed driveway to the driveway into Tustin High School.
This provides sufficient room to accomplish the restriping without disruption to traffic on EI
Camino Real.
On-site Circulation & Access
The project is proposed to access EI Camino Real at one location near the center of the site. The
existing apartment complex has two access points at the center and southeast end of the site.
One of the two existing access points is at approximately the same location as the access point on
the proposed site plan. The width of the access point and interior streets will provide the
necessary space needed for vehicles to easily enter and exit the project and to pass each other. The
proposed driveway has sight distance to comply with the Caltrans 7.5 second sight distance
criteria for a roadway speed of 50 mph or higher. The driveway is over 560 feet from the Red Hill
Avenue intersection and has sight distance over 600 feet to the west.
The project site plan was reviewed for internal circulation. All parking stalls are accessible, and all
parking areas comply with accepted design standards for stall and aisle width. We have no major
concerns over the current site plan.
Prepared for Nevis Homes
Limited Traffic StUd)) for a Residential Project Í/1 the Cit)' o{TustÍl1
December 2004
6
_Katz, Okitsu & Associates
Traffic Engi/lws al/d Tral/SJ'ortation Pial/nus
Gate Requirements
The entrance gate must be designed to provide for a daily volume of about 744 vehicles. The
maximum hourly inbound service volume is 42 vehicles, occurring in the PM peak hour. There are
two lanes at the gate. One lane can be used by visitors and residents and the other lane by
residents only. The gate must be designed to allow for storage for vehicles waiting for the gate to
open, and for vehicles waiting behind them. There are two lanes of storage of at least 75 feet each
from the gate to £1 Camino Real. The storage requirement for the gate is calculated using queuing
theory formulas adapted for use at gate entrances. These formulas also require use of the
processing rate. The proposed system is expected to be a garage door opener system for residents
providing a processing rate of 8 seconds per vehicle. A keypad system would be used for guests
providing a processing rate of about 60 seconds per vehicle. There is sufficient room at the
entrance for guests using the keypad to not block residents entering the project.
Table 2 shows the probability of the queue of vehicles exceeding specific values at the proposed
gate. The table indicates that the expected queue will be zero most of the time and one vehicle
occasionally. The queue will rarely he more than two vehicles. A storage require~ent of two
vehicles is recommended. This will require a storage area of approximately 50 feet from the
security gate to the back end of the queue storage area.
Table 2
Queue Length Probability - Random Arrivals at Gate
Forecasted Demand
Residents Visitors
Arrival Rate 38 veh/ hr 4 veh/ hr
Process Rate 1 Veh/8 seconds 1 Veh/60 seconds
Load Factor 0.08 0.07
0 vehicles 91.6% 93.3%
1 vehicles 7.7% 6.2%
2 vehicles 0.7% 0.4%
3 vehicles 0.1% 0.0%
4 vehicles 0.0% 0.0%
Prerared for Nevis Homes
Limited Traffic Study for a Residential Project in the City of Tustin
December 2004
7
_Katz, Okitsu & Associates
r",(fi( Engilleers 'lilt! Trallsportation Plal/ners
Traffic conditions should be adequate with stop sign control and the exits provide adequate width
for one outbound and two inbound lanes, including room for guests to park while securing entry
without interfering with entering residents. As stated earlier in this reportl no sight distance
issues are expected. Sight distance is available for over 560 feet in each direction.
CONCLUSION
The City of Tustin is requesting a traffic analysis for a proposed townhouse project located at
1361 El Camino Real. The proposed project replaces 65 existing apartments with 93 new
townhomes. The project site will provide 217 parking spaces. The traffic analysis report shows
the difference in trips from the site due to the proposed development, an analysis of the on-site
circulation, and access to El Camino Real.
The project is expected to generate approximately 744 daily trips. Of this amount, 62 are
expected to be in the AM peak hour, including 10 trips entering and 46 trips exiting the site.
There are expected to be 73 trips during the PM peak hour, including 42 trips entering and 31 trips
exiting the site. This is a net increase of 316 daily trips with 32 additional trips in the AM peak
hour and 35 additional trips in the PM peak hour from the current land use.
The proposed project will be submitted to the City of Tustin, who will review the plan for
compliance with applicable City standards. We anticipate that any minor internal circulation or
parking issues will be addressed in conjunction with this review. Katz, Okitsu & Associates
recommends that the City find that the traffic impacts of the project have no adverse effect on
the surrounding street system for the future year.
Prepared for Nevis Homes
Limited Traffic Stud)! for a Residential Project in the Cit)!ofTustin
December 2004
8
_Katz, Okitsu & Associates
~... Trame Engmcers alld Trall;portaiion Plallners
Appendix
Prepared for Nevis Homes
Limited Traffic Stud)' for a Reside/uia! Project in the City or Tustin
December 2004
9
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Figure 4C-3. Warrant 3, Peak Hour
'150
'100
-'1(,
400 500 600 700 BOO 900 1000 1100 1200 1300 1400 1500 1600 1700 1800
MAJOR STREET-TOTAL OF BOTH APPROACHES-
VEHICLES PER HOUR (VPH)
*Note: 150 vph applies as the lower threshold volume for a minor-street
approach with two or more lanes and 100 vph applies as the lower
threshold volume for a minor-street approach with one lane.
Figure 4C-4. Warrant 3, Peak Hour (70% Factor)
(COMMUNITY lESS THAN 10,000 POPULATION OR ABOVE 70 kmlh OR ABOVE 40 mph ON MAJOR STREET)
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2 OR MORE LANES & 2 OR MORE LANES
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*100
*75
46
300
400
1300
500
600
800
900
700
1000
1100
1200
MAJOR STREET-TOTAL OF BOTH APPROACHES-
VEHICLES PER HOUR (VPH)
*Note: 100 vph applies as the lower threshold volume for a minor-street
approach with two or more lanes and 75 vph applies as the lower
threshold volume for e minor-street approach with one lane.
Sect.4C.O6
A TT ACHMENT D
Resolution No. 3993
(Vesting Tentative Tract Map)
RESOLUTION NO. 3963
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN RECOMMENDING THAT THE CITY
COUNCIL APPROVE VESTING TENTATIVE TRACT MAP
16790 TO SUBDIVIDE AN EXISTING 4.99 ACRE PARCEL
LOCATED AT 1361 EL CAMINO REAL INTO ONE (1)
NUMBERED LOT FOR THE PURPOSE OF DEVELOPING
NINETY-THREE (93) RESIDENTIAL CONDOMINIUM
UNITS.
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 for Vesting Tentative Tract Map 16790 was
submitted by Nevis Tustin, LCC., requesting approval to subdivide an
existing 4.99 acre parcel known as the southerly half of Lot 31, in the City
of Tustin, as shown on the map described as "Plat No.1 of the Ranchos
Santiago de Santa Ana and San Joaquin,n recorded in Book 5, Page 7 of
Miscellaneous Records of Los Angeles County, California, addressed at
1361 EI Camino Real into one (1) numbered lot for the purpose of
developing ninety-three (93) residential condominium units;
B.
That a public hearing was duly called, noticed, and held for said map on
February 14, 2005, by the Planning Commission;
C.
That the proposed subdivision is in conformance with the Tustin General
Plan and the Multiple Family Residential (R-3) Zoning District, which provide
for the development of condominiums.
D.
As conditioned, the map would be in conformance with the State
Subdivision Map Act and the Tustin City Code Section 9323 (Subdivision
Code);
E.
That the site is physically suitable for the type of development proposed in
that the project is accessible through the City's current street system and
could be supported with existing transportation and public facilities;
F.
That the site is physically suitable for the proposed density of the
development in that the site will be developed with 18.64 units per acre
within a property that is zoned for a maximum of 25 units/acre;
G.
That the design of the subdivision or the types of improvements proposed
are not likely to cause serious public health problems in that the project has
Resolution No. 3963
Vesting Tentative Tract Map 16790
February 14, 2005
Page 2
been conditioned to comply with development standards of the City, Orange
County Fire Authority, and Orange County Health Care Agency;
H.
That the tract map or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure
fish or wildlife in their habitat;
I.
That Section 9331 of the Tustin City Code authorizes a dedication of park
land as part of the Subdivision Map. Based upon the proposed density of
18.64 dwelling units per acre, the applicant is required to dedicate a
minimum of .0065s acre per dwelling unit for parkland or pay fees in lieu
of parkland dedication. The value of the amount of such fees shall be
based upon the requirements of Section 9331.d.3 of the Tustin City Code;
J.
That circulation within the site is accommodated by a "T" shaped full width
private street and twenty-five (25) to thirty-one (31) foot interior drive
aisles which do not meet the requirements for private streets. Section 3.2
of the City's Construction Standards for Private Streets, Storm Drain and
On-Site Private Improvements authorizes the Building Official to approve
deviations from the private street standards. The Building Official has
reviewed and approved the following deviations: private drive width, inside
curb radius, and sidewalks requirements between garages.
K.
That as conditioned, the subdivider would be required to satisfy dedication
and/or reservation requirements as applicable, including but not limited to,
dedication of all required street and flood control right-of-way easements,
vehicular access rights, sewer easements, and water easements defined
and approved as to specific locations by the City Engineer and other
agencies.
L.
That as conditioned and recommended in the traffic study submitted in
conjunction with the project, the subdivider shall re-stripe the existing
paved median on EI Camino Real to create a 75-foot left turn pocket to
provide a more efficient access to the site.
M.
That the project involves a condominium project where there are
undivided interests in common areas such as parking areas, landscape
areas, drive aisle, and driveways and separate interests in space for the
units. Section 1350, et al of the California Civil Code authorizes the
creation of an association to set forth the restrictions on the use or
enjoyment of any portion of the common interest in a condominium
development. Consequently, the applicant is required to record a
declaration of covenants, conditions, and restrictions for the project.
Resolution No. 3963
Vesting Tentative Tract Map 16790
February 14, 2005
Page 3
M.
A Mitigated Negative Declaration has been prepared for this project in
accordance with the provisions of the California Environmental Quality Act
(CEOA) and recommended for approval by the City Council.
II.
The Planning Commission hereby recommends that the City Council approve
Vesting Tentative Tract Map 16790 to subdivide an existing 4.99 acre parcel
located at 1361 EI Camino Real known as the southerly half of Lot 31, in the City
of Tustin, as shown on the map described as "Plat No.1 of the Ranchos
Santiago de Santa Ana and San Joaquin,n recorded in Book 5, Page 7 of
Miscellaneous Records of Los Angeles County, California, into one (1) numbered
lot for the purpose of developing ninety-three (93) residential condominium units,
subject to the conditions contained in Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held
on the 14th day of February, 2005.
JOHN NIELSEN
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3963 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 14th day of February, 2005.
ELIZABETH A. BINSACK
Planning Commission Secretary
GENERAL
(1 )
(1 )
1.2
EXHIBIT A
RESOLUTION NO. 3963
VESTING TENTATIVE TRACT MAP 16790
CONDITIONS OF APPROVAL
1.1
The proposed project shall substantially conform with the submitted plans
for the project date stamped February 14, 2005, on file with the Community
Development Department, except as herein modified, or as modified by the
Director of Community Development in accordance with this Exhibit. The
Director of Community Development may also approve minor modifications
to plans during plan check if such modifications are to be consistent with the
provisions of the Tustin City Code and other applicable codes.
(1 )
1.3
Approval of Vesting Tentative Tract Map 16790 is contingent upon the
applicant returning to the Community Development Department a notarized
"Agreement to Conditions Imposed" form and the property owner signing
and recording with the County Clerk-Recorder a notarized "Notice of
Discretionary Permit Approval and Conditions of Approval" form. The forms
shall be established by the Director of Community Development, and
evidence of recordation shall be provided to the Community Development
Department.
As a condition of approval of Vesting Tentative Tract Map 16790, the
applicant shall agree, at its sole cost and expense, to defend, indemnify,
and hold harmless the City, its officers, employees, agents, and
consultants, from any claim, action, or proceeding brought by a third-party
against the City, its officers, agents, and employees, which seeks to attack,
set aside, challenge, void, or annul an approval of the City Council, the
Planning Commission, or any other decision-making body, including staff,
concerning this project. The City agrees to promptly notify the applicant of
any such claim or action filed against the City and to fully cooperate in the
defense of any such action. The City may, at its sole cost and expense,
elect to participate in defense of any such action under this condition.
SOURCE CODES
(1 )
(2)
(3)
(4)
***
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODEIS
DESIGN REVIEW
EXCEPTION
(5)
(6)
(7)
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
Vesting Tentative Tract Map 16790-Conditions of Approval
Resolution No. 3963
Page 2
(1 )
1.4
(1 )
1.5
FINAL MAP
(1 )
1.6
(1 )
1.7
The subject project approvals shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within twenty-four (24) months of the date of this Exhibit. Time extensions
may be considered if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.
Unless otherwise specified, the conditions contained in this resolution shall
be complied with as specified or prior to the recordation of a final map or
issuance of building permits, whichever occurs first, subject to review and
approval by the Community Development Department.
Prior to issuance of a precise grading or building permit, the subdivider
shall record the final map and conform to all applicable requirements of the
State Subdivision Map Act, the City's Subdivision Ordinance, and the City's
zoning regulations. Pursuant to Section 66452.6 of the State Subdivision
Map Act, within 24 months from tentative map approval the subdivider shall
record with the appropriate agencies a final map prepared in accordance
with subdivision requirements of the Tustin Municipal Code, the State
Subdivision Map Act, and applicable conditions contained herein unless an
extension is granted pursuant to Section 9323 of the Tustin Municipal Code.
Time extensions may be considered if a written request is received by the
Community Development Department within thirty (30) days prior to
expiration.
Upon recordation of a final map, the applicant shall obtain new address
numbers from the Engineering Division.
Declaration of Covenants. Condjtions LRestrict~
(1 )
2.1
Prior to issuance of building permits or recordation of the final map,
whichever occurs first, all organizational documents for the project
including Covenants, Conditions, and Restrictions (CC&Rs) shall be
submitted to and approved by the Community Development Department
and the City Attorney. The applicant is responsible for costs associated
with the review of these documents. The approved CC&Rs shall be
recorded concurrently with recordation of the final map. A copy of the final
documents shall be submitted to the Community Development
Department within five (5) days after their recordation. These provisions
shall include, but not be limited to, the following:
A.
. No dwelling unit in the development shall be sold or a Certificate of
Occupancy issued, unless a homeowners association has been
Exhibit A
Vesting Tentative Tract Map 16790-Conditions of Approval
Resolution No. 3963
Page 3
C.
E.
F.
G.
legally formed with the right to assess all these properties which are
jointly owned or benefited to operate and maintain all other mutually
available features of the development including, but not limited to,
open space, amenities, landscaping, private streets, and utilities.
B.
The City shall be included as a party to the CC&Rs for enforcement
purposes of those CC&R provisions in which the City has interest, as
reflected in the following provisions. However, the City shall not be
obligated to enforce the CC&Rs.
The requirement that association bylaws be established.
D.
Provisions for effective establishment, operation, management, use,
repair, and maintenance of all common areas and facilities including
but not limited to, landscaped areas, walls and fences, private
roadways (i.e., walkways, sidewalks, driveways), trash enclosures,
and open space areas.
Membership in the homeowners association shall be inseparable
from ownership in individual units.
Architectural controls shall be provided and may include, but not be
limited to, provisions regulating exterior finishes, roof materials,
fences and walls, accessory structures such as patios, sunshades,
trellises, gazebos, awnings, exterior mechanical equipment,
television and radio antenna, consistent with the Tustin City Code.
Maintenance standards shall be provided for applicable items listed
in Section D. Examples of maintenance standards are shown below:
1.
All common area landscaping and private areas visible from
any public way shall be properly maintained such that they
are evenly cut, evenly edged, free of bare or brown spots,
debris, and weeds. All trees and shrubs shall be trimmed so
they do not impede vehicular or pedestrian traffic. Trees
shall be pruned so they do not intrude into neighboring
properties and shall be maintained so they do not have
droppings or create other nuisances to neighboring
properties. All trees shall also be root pruned to eliminate
exposed surface roots and damage to sidewalks, driveways,
and structures.
2.
All private roadways, sidewalks, and open space areas shall
be maintained so that they are safe for users. Significant
Exhibit A
Vesting Tentative Tract Map 16790-Conditions of Approval
Resolution No. 3963
Page 4
H.
I.
J.
pavement cracks; pavement distress, excessive slab
settlement, abrupt vertical variations, and debris on travel
ways should be removed or repaired promptly.
3.
Common areas shall be maintained in such a manner as to
avoid the reasonable determination of a duly authorized
official of the City that a public nuisance has been created
by the absence of adequate maintenance such as to be
detrimental to public health, safety, or general welfare.
Homeowners association approval of exterior improvements
requiring a building permit shall be obtained prior to requesting a
building permit from the City of Tustin Community Development
Department. All plans for exterior improvements shall conform to
requirements set forth by the City and the CC&Rs.
Private open spaces areas within the common area shall be
illustrated on a "Private Open Space Exhibitn and shall be made
part of the CC&Rs and shall specify those portions of the common
open space area that are allocated for private use and public use
and access rights in perpetuity. The CC&Rs shall include a
separate 8% inch by 11 inch dimensioned site plan for each unit
that is allocated private open space.
The approved "Parking and Circulation Exhibitn shall be made part
of the CC&Rs and shall be enforced by the homeowners
association. In addition to the exhibit, provisions regarding parking
shall be included in the CC&Rs, including the following:
1.
All units are required to maintain a two-car garage.
2.
A minimum of 24 unassigned guest parking spaces shall be
permanently maintained in locations shown on the "Parking
and Circulation Exhibitn and have a minimum length of
twenty-two (22) feet per stall for on-street parking.
3.
Residents shall not store or park any non-motorized
vehicles, trailers or motorized vehicles that exceed 7 feet
high, 7 feet wide, and 19 feet long in any parking space,
driveway, or private street area except for the purpose of
loading, unloading, making deliveries or emergency repairs
except that the homeowners association may adopt rules
and regulations to authorize exceptions.
Exhibit A
Vesting Tentative Tract Map 16790-Conditions of Approval
Resolution No. 3963
Page 5
K.
L.
M.
N.
o.
P.
4.
Residents shall park vehicles in garage spaces. Storage of
personal items may occur in the garages only to the extent
that a minimum of two (2) vehicles may still be parked within
the required garage spaces.
The homeowners association shall be responsible for
monitoring and enforcing all parking and traffic regulations
on private streets. The proposed CC&Rs shall include
provisions requiring the association to develop and adopt an
enforcement program for parking and traffic regulations
within the development which may include measures for fire
access and enforcement by a private security company.
5.
Maintenance of all common areas, drive aisle, driveways, etc. shall
be by the homeowners association.
Television and radio antennas shall be installed in accordance with
the requirements of the Tustin City Code.
All utility services serving the site shall be installed and maintained
underground.
The homeowners association shall be required to file the names,
addresses, and telephone numbers of at least one member of the
homeowners association Board and, where applicable, a manager
of the project before January 1 st of each year with the City of
Tustin Community Development Department for the purpose of
contacting the association in the case of emergency or in those
cases where the City has an interest in CC&R violations.
The homeowners association shall be responsible for establishing
and following procedures for providing access to public utilities for
maintenance of their facilities within the project area, subject to
those agencies' approval.
No amendment to alter, modify, terminate, or change the
homeowners association's obligation to maintain the common
areas and the project perimeter wall or other CC&R provisions in
which the City has an interest, as noted above, or to alter, modify,
terminate, or change the City's right to enforce maintenance of the
common areas and maintenance of the project perimeter wall, shall
be permitted without the prior written approval of the City of Tustin
Community Development Department.
Exhibit A
Vesting Tentative Tract Map 16790-Conditions of Approval
Resolution No. 3963
Page 6
HOMEBUYER NOTIFICATION
(1 )
2.2
G.
Prior to recordation of the final map, the subdivider shall submit to the
Community Development Department for review and approval a
homebuyer notification document that includes the notifications listed
below. The notification document shall be signed by each homebuyer
prior to final inspection and occupancy, and a copy of the signed
notification shall be provided to the Community Development Department
prior to final inspection and/or issuance of each Certificate of Occupancy.
A.
A notice for roadway noise, airport noise, and school operation that
may impact the subdivision, including roadway noise associated
with EI Camino Real, Red Hill Avenue, Interstate 5 Freeway, and
the Tustin High School parking lot and school field. The notice
shall indicate that additional building upgrades may be necessary
for noise attenuation. This determination is to be made as
architectural drawings become available and/or where field-testing
determines inadequate noise insulation.
B.
A notice regarding units that are adjacent to aboveground utilities
or structures (such as light standards and fire hydrants) identifying
the type of structure and their locations.
C.
A notice indicating that any use of a residence for a business shall
be subject to the City's Home Occupation Ordinance and may
require zoning clearance and a business license.
D.
A notice indicating the minimum building setbacks and that
construction of patio covers, trellises, etc. may not be allowed.
E.
A notice explaining and providing a copy of a "Private Open Space
Exhibitn and separate 8% inch by 11 inch dimensioned site plan for
each unit that is allocated private open space within the common
area.
F.
A notice explaining and providing a copy of the approved "Parking
and Circulation Exhibitn and related CC&R provisions.
A notice of existing and future improvements and developments in
the area, including nearby non-residential uses such as the
adjacent Tustin High School, various commercial uses, and
interstate 1-5 Freeway.
Exhibit A
Vesting Tentative Tract Map 16790-Conditions of Approval
Resolution No. 3963
Page 7
H.
A notice that Tustin is subject to aircraft overflights into John
Wayne airport.
PUBLIC WORKS DEPARTMENT
(1 )
3.1
(1 )
3.2
(1 )
3.3
(1 )
3.4
The applicant shall re-stripe the existing paved median on EI Camino Real
to create a 75-foot left turn pocket to provide a more efficient access to
the site.
Prior to issuance of a grading or building permit, a separate twenty-four
(24) inch by thirty-six (36) inch street improvement plan, as prepared by a
California Registered Civil Engineer, will be required for all construction
within the public right-of-way. Construction and/or replacement of any
missing or damaged public improvements will be required adjacent to this
development and shall be completed prior to final inspection. Said plan
shall include, but not be limited to, the following:
a. Curb and gutter
b. Sidewalk, including curb
ramps for the physically
disabled
c. Drive apron
d. Domestic water facilities
e. Sanitary sewer facilities
f. Landscape/irrigation
g. Underground utility connection
h. Street lighting
i. Catch basin/storm drain laterals
connection to existing storm drain
system
j. Re-striping of the existing paved
median on EI Camino Real to
provide a 75-foot left turn pocket to
the project site.
A twenty-four (24) inch by thirty-six (36) inch reproducible construction
area traffic control plan, as prepared by a California Registered Traffic
Engineer or Civil Engineer experienced in this type of plan preparation,
will be required.
Prior to issuance of a building permit, water system improvements shall
be designed in accordance with the requirements and standards of the
City of Tustin Department of Public Works or AWWA (American Water
Works Association).
Prior to final map approval, the subdivider shall submit:
A.
B.
A current title report; and,
A duplicate mylar of the Final Map, or 8 % inch by 11 inch
transparency of each map sheet prior to final map approval and "as
builtn grading, landscape, and improvement plans prior to Certificate
of Acceptance.
Exhibit A
Vesting Tentative Tract Map 16790-Conditions of Approval
Resolution No. 3963
Page 2
(1 )
3.5
(1) .
3.6
(1 )
3.7
( 1)
3.8
FEES
(1 )
4.1
Prior to final map approval, the subdivider shall satisfy dedication and/or
reservation requirements as applicable, including but not limited to,
dedication of all required street and flood control right-of-way easements,
vehicular access rights, sewer easements and water easements defined
and approved as to specific locations by the City Engineer and other
agencies.
Prior to recordation of the final map, the subdivider shall execute a
subdivision/monumentation agreement and furnish the
improvement/monumentation bonds as required by the City Engineer.
Upon recordation of the Final Map, the applicant shall obtain a new address
from the Engineering Division.
In addition to the normal full size plan submittal process, all final
development plans including, but not limited to: tract maps, parcel maps,
right-of-way maps, records of survey, public works improvements, private
infrastructure improvements, final grading plans, and site plans are also
required shall be submitted to the Public Works Department/Engineering
Division in computer aided design and drafting (CAD D) format. The
standard file format is AutoCAD Release 2004 having the extension
DWG. Likewise, layering and linetype conventions are AutoCAD-based
(latest version available upon request from the Engineering Division). In
order to interchangeably utilize the data contained in the infrastructure
mapping system, CADD drawings shall be in AutoCAD "DWGn format
(i.e., produced using AutoCAD or AutoCAD compatible CADD software).
The most current version of AutoCAD is Release 2004. Drawings created
in AutoCAD Release 2000 are compatible and acceptable.
The CADD files shall be submitted to the City at the time the plans are
approved and updated CADD files reflecting "as builtn conditions shall be
submitted once all construction has been completed. The subdivision
bonds will not be released until the "as builtn CADD files have been
submitted.
The applicant shall submit to the City of Tustin any additional CC&R Review
fee required at the time of submittal. The CC&R Review fee includes one
initial check and recheck of the document. If subsequent review is required,
an hourly fee of $190 per hour (or rate in effect at the time of submittal) for
City Attorney and $50 per hour (or rate in effect at the time of submittal) for
Planning staff is required.
Exhibit A
Vesting Tentative Tract Map 16790-Conditions of Approval
Resolution No. 3963
Page 3
(1 )
4.2
(2)
4.3
The applicant shall dedicate a minimum of .0065 acre per dwelling unit for
parkland or pay fees in lieu of parkland dedication. The value of the
amount of such fees shall be based upon the requirements of Section
9331.d.3 of the Tustin City Code.
Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier's check payable to the COUNTY CLERK in the amount of forty-
three dollars ($43.00) to enable the City to file the appropriate
environmental documentation for the project. If within such forty-eight
(48) hour period the applicant has not delivered to the Community
Development Department the above-noted check, the statute of
limitations for any interested party to challenge the environmental
determination under the provisions of the California Environmental Quality
Act could be significantly lengthened.
ATTACHMENT E
Resolution No. 3964
and
Exhibit A (Conditions of Approval)
RESOLUTION NO. 3964
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING DESIGN REVIEW 04-025,
AUTHORIZING THE CONSTRUCTION OF NINETY-THREE
(93) RESIDENTIAL CONDOMINIUM UNITS AT 1361 EL
CAMINO REAL.
The Planning Commission does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
That a proper application for Design Review 04-025 was filed by Nevis
Tustin, LLC., requesting authorization to construct a ninety-three (93) unit
condominium housing project on the property located at 1361 EI Camino
Real, known as the southerly half of Lot 31, in the City of Tustin, as shown
on the map described as "Plat No.1 of the Ranchos Santiago de Santa Ana
and San Joaquin,n recorded in Book 5, Page 7 of Miscellaneous Records of
Los Angeles County, California.
B.
That the proposed subdivision is in conformance with the Tustin General
Plan and the Multiple Family Residential (R-3) Zoning District which
provides for the development of various multi-family dwellings including
condominiums, townhomes, apartments, etc.
C.
That the applicant has requested approval of Vesting Tentative Tract Map
16790 in conjunction with the application for Design Review 04-025.
D.
That the proposed use is consistent with Section 9226 of the Tustin City
Code related to Multiple Family Residential (R-3) District which provides for
multiple family residential developments.
E.
That the Planning Commission considered said application on February 14,
2005~
F.
Pursuant to Section 9272 of the Tustin Municipal Code, the Commission
finds that the location, size, architectural features, and general appearance
of Design Review 04-025, as conditioned, will not impair the orderly and
harmonious development of the area, the present or future development
therein, or 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. There are other structures that
are two stories high in close proximity to the site.
Resolution No. 3964
DR 04-025
Page 2
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Setbacks and site planning. The site complies with the development
standards for R-3 district related to multiple family dwellings.
Exterior elevation, materials, and colors. The proposed exterior
materials and colors of earth tone colors with Beige trimmings are
compatible and complementary to other structures in the vicinity.
Type and pitch of roofs. A variety of roof design and pitches are
utilized to enhance visual interest.
Size and spacing of windows, doors, and other openings. Split
windows, shutters, and wood trimming are utilized to compliment the
Eclectic Spanish design.
Towers, chimneys, and roof structures. No chimney is proposed and
no roof equipment shall be permitted.
Landscaping, parking area design, and traffic circulation. The project.
is located between a commercial development and a high school.
To provide buffers to adjacent commercial uses, a minimum of one
24n box size tree and five 5-gallon shrubs for every 30 feet of
property line on the property perimeter are required for buffer to the
adjacent commercial uses.
The project is designed with adequate parking spaces and internal
circulation. Based upon the "Limited Traffic Study" submitted in
conjunction with the project, the project shall be conditioned to re-
stripe the existing paved median on EI Camino Real to provide a 75-
foot left turn pocket to provide more efficient access to the site.
Location, height, and standards of exterior illumination. The project
will provide exterior illumination consistent with the Eclectic Spanish
architectural design.
Location and appearance of equipment located outside an enclosed
structure. The project, as conditioned, will not have visible exterior
equipment.
Location and method of refuse storage. The project has been
designed to include a refuse storage area with appropriate truck
turning radius.
Physical relationship of proposed structures to existing structures in
the neighborhood. The project supports other structures and uses in
Resolution No. 3964
DR 04-025
Page 3
the neighborhood in that the shopping center and other
developments in the immediate vicinity would complement the need
of the residents and provide job opportunities to residents.
12.
Development Guidelines and criteria as adopted by the City Council.
The project is conditioned to comply with the City's development
guidelines and criteria such as landscape and irrigation guidelines,
parking standards guidelines, and private improvements guidelines.
G.
A Mitigated Negative Declaration has been prepared for this project in
accordance with the provisions of the California Environmental Quality Act
(CEQA) and adopted by the Planning Commission as adequate by
Resolution No. 3962.
II.
The Planning Commission hereby approves Design Review 04-025 to authorize
construction of ninety-three (93) condominium units on the property located at
1361 EI Camino Real, subject to the conditions contained in Exhibit A attached
hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 14th day of February, 2005.
JOHN NIELSEN
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 3964
DR 04-025
Page 4
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 3964 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
14th day of February, 2005.
ELIZABETH A. BINSACK
Planning Commission Secretary
GENERAL
(1 )
(1 )
(1 )
(1 )
(1 )
1.1
1.2
1.3
1.4
1.5
EXHIBIT A
DESIGN REVIEW (DR) 04-025
CONDITIONS OF APPROVAL
RESOLUTION NO. 3964
The proposed project shall substantially conform with the submitted plans
for the project date stamped February 14, 2005, on file with the Community
Development Department, as herein modified, or unless otherwise
indicated, as modified by the Community Development Director in
accordance with this Exhibit. The Director may also approve subsequent
minor modifications to plans during plan check if such modifications are
consistent with provisions of the Tustin City Code or other applicable
regulations.
Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with prior to the issuance of any building permits for the project,
subject to review and approval by the Community Development
Department.
Approval of Design Review 04-025 shall become null and void unless the
City Council approves Vesting Tentative Tract Map 16790.
The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within eighteen (18) months of the date of this Exhibit. Time extensions
may be considered if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.
Approval of Design Review 04-025 is contingent upon the applicant and
property owner signing and returning to the Community Development
Department a notarized "Agreement to Conditions Imposed" form and the
property owner signing and recording with the County Clerk-Recorder a
notarized "Notice of Discretionary Permit Approval and Conditions of
Approval" form. The forms shall be established by the Director of
Community Development and evidence of recordation shall be provided to
the Community Development Department.
SOURCE CODES
(1)
(2)
(3)
(4)
***
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODEIS
DESIGN REVIEW
EXCEPTIONS
(5)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No.2
(1 )
1.6
(1 )
1.7
Site Plan
(1 )
1.8
(7)
1.9
As a condition of approval of Design Review 04-025, the applicant shall
agree, at its sole cost and expense, to defend, indemnify, and hold
harmless the City, its officers, employees, agents, and consultants, from
any claim, action, or proceeding brought by a third party against the City,
its officers, agents, and employees, which seeks to attack, set aside,
challenge, void, or annul an approval of the City Council, the Planning
Commission, or any other decision-making body, including staff,
concerning this project. The City agrees to promptly notify the applicant of
any such claim or action filed against the City and to fully cooperate in the
defense of any such action. The City may, at its sole cost and expense,
elect to participate in defense of any such action under this condition.
Prior to issuance of a precise grading or building permit, the applicant
shall prepare and record a final subdivision map in accordance with the
Tustin City Code.
A minimum six (6) foot high decorative block wall shall be constructed
along the east, north, and west property lines. Walls within the front
setback area shall be reduced to a maximum of three (3) feet. The block
wall shall be treated with anti-graffiti materials.
All new and existing utilities provided shall be undergrounded. A note shall
be added to the site plan indicating that utilities will be undergrounded
unless otherwise approved by the Community Development and Public
Works Departments.
1.10 A separate "Private Open Space Exhibitn shall be submitted at plan check.
Any changes to the allocation of private open space identified on the site
plan shall be reviewed and approved by the Director of Community
Development.
( 1 )
Elevation Plan
(1 )
1.11
Exterior light fixture design shall complement the architectural design of
the buildings and comply with the Tustin City Code Security Ordinance.
All exterior lighting shall be designed and arranged as not to direct light or
glare onto adjacent properties. Wall-mounted fixtures shall be directed at
a 90-degree angle directly toward the ground. All lighting shall be
developed to provide a minimum of one (1) foot-candle of light coverage,
in accordance with the City's Security Ordinance.
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No.3
(1 )
1.12 No rooftop equipment shall be permitted.
shall be screened from public view.
All other outdoor equipments
Landscape/lrriQation Plan
(1 )
(1 )
(6)
(6)
1.13 The site shall be landscaped consistent with the City's Landscaping and
Irrigation Guidelines. Landscaping shall consist of a combination of
sufficient numbers of shrubs, trees, and berming along the project
frontage, to provide adequate screening, subject to the satisfaction of the
Community Development Director.
1.14 A precise landscape and irrigation plan including landscape grading,
backflow preventors, and timers shall be reviewed and approved by the
Community Development Director prior to issuance of a building permit.
1.15 Provide a detailed landscape and irrigation plan for all landscaping areas on
the site and include the following information:
a.
A summary table applying indexing identification to plant materials in
their actual location. The plan and table must list botanical and
common names, sizes, spaces, actual location, and quantity of the
plant materials proposed.
b.
Planting and berming details, soil preparation, staking, etc.
c.
The irrigation plan shall show location and control of backflow
prevention devices, pipe size, sprinkler type, spacing, and coverage.
Details for all equipment shall be provided.
d.
All property lines on the landscaping and irrigation plan, public right-
of-way area, sidewalk widths, parkway areas, and wall locations, if
any.
e.
Note on landscaping plan that coverage of landscaping irrigation
materials is subject to field inspection at project completion by the
Community Development Department.
1.16 The submitted landscaping plans shall incorporate the following
requirements, either incorporated into the design or included in the notes:
a.
Turf is unacceptable for grades over 25 percent. A combination of
planting materials must be used; ground cover on large areas alone
is not acceptable.
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No.4
(6)
(6)
b.
To provide adequate buffer between the site and adjacent
commercial and institutional uses, a minimum of three (3) 24n box
size tree and five 5-gallon shrubs for every 30 feet of property line on
the property perimeter shall be provided.
c.
For interior landscaping, one tree for every two (2) units shall be
provided. Minimum thirty (30) percent of all trees shall be 24n box
trees or larger.
d.
Shrubs shall be a minimum of 5-gallon size and shall be spaced a
minimum of five (5) feet on center when intended as screen planting.
e.
Ground cover shall be planted between 8 to 12 inches on center.
f.
When one-gallon plant sizes are used, the spacing may vary
according to materials used.
1.17 The landscape materials shall not conflict with the visual clearance
requirements of the proposed driveway approaches.
1.18 All plant materials shall be installed in a healthy and vigorous condition
typical to the species and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming, moving,
weeding, removal of litter, fertilizing, regular watering, and replacement of
diseased or dead plants.
Parkina Area
(1 )
Noise
(1 )
(1 )
1.19 Prior to final inspection, open guest parking spaces shall be marked
"Guest Only.n
1.20 The applicant shall comply with the Tustin Noise Ordinance to limit all
exterior and interior noise levels to the established standards. Interior
noise level of living areas and exterior noise level within patio areas do not
exceed 45 dB and 55 dB, respectively.
1.21
Based upon the . submitted Acoustical Analysis dated August 23, 2004,
prepared by Davy and Associates, the following construction
recommendations shall be implemented into the project design:
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No.5
. . Roof ceiling construction will be roofing on Y2n plywood. Batt
insulation will be installed in joist spaces. The ceilings will be one
layer of 5/8n gypboard nailed direct.
.
All exterior walls will be 2 x 4 studs 16n o.C. with Batt insulation in the
stud spaces. Exteriors will be exterior plaster or stucco. The interiors
will be 5/8 gyboard.
.
All windows and glass doors shown in red light in Figure 1 if the
Acoustical Analysis (Exhibit A) will be glazed with STC 32 glazing.
STC 32 glazing can be provided with either %" laminated glass or a
dual pane assembly with a Y2n airspace. In either case, the glazing
supplier should submit a test report documenting the STC 29 rating.
The test report should be prepared in an independent, accredited
testing laboratory in accordance with ASTM E-90.
.
All other windows and glass doors may be standard glazing.
.
All entry doors would be 1 % solid core doors with weather stripping
seals on the sides and top. Glazing in entry doors should not be
accepted.
.
There should not be no mail slots in the entry doors.
.
If interior allowable noise levels are met by requiring that windows be
unopenable or closed, the design for the structure must also specify a
ventilation or air conditioning system to provide a habitable interior
environment. The ventilation system must not compromise the
dwelling units or guest room noise reduction.
1.22 All construction operations, including engine warm-up and deliveries of
materials and equipment, shall be subject to the provisions of the Tustin
Noise Ordinance and shall take place only between the hours of 7:00 a.m.
and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00
p.m. on Saturday, unless otherwise determined by the Community
Development Director and/or Building Official. Construction activities are
prohibited on Sundays and City-observed Federal holidays.
(2)
(2)
1.23 Construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No.6
Private On-site Improvements
(3)
1.24 Prior to the issuance of precise grading permits or infrastructure
construction plans, plans prepared by a California Registered Civil
Engineer shall be required for all private, on-site construction. All
construction of improvement work shall be designed and performed in
accordance with the applicable portions of the City of Tustin's "Grading
Manualn and "Construction Standards for Private Streets, Storm Drain and
On-Site Private Improvements,n revised April 1989, or as subsequently
amended. Said plans shall include, but not be limited to, the following:
A.
B.
Curbs and gutters on all streets;
Sidewalks on all streets, including curb ramps for the physically
disabled; all sidewalks, walkways, or pathways shall comply with
the provisions of the American with Disabilities Act;
Drive aprons;
Signing/striping plan;
Street and drive aisle paving; all private streets, drive aisles, and
curb return radius shall be consistent with the City's design
standards for private street improvements, unless otherwise
approved by the Building Official, and all roadway and driveway
widths and parking area widths (and lengths where appropriate) shall
be dimensioned on the plans;
Catch basin/storm drain laterals/connections to the public storm
drain system with approval of the Orange County Flood Control
District;
Domestic water facilities and reclaimed water facilities: The
domestic water system shall be designed and installed to the
standards of the City of Tustin Water Works. Improvement plans
shall also be reviewed and approved by the Orange County Fire
Authority for fire protection purposes. The adequacy and reliability
of the 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 system shall meet the standards as required by
the City of Tustin Water Works;
Sanitary sewer facilities: All sanitary sewer facilities must be
submitted as required by the Building Official, the City Engineer,
and the Orange County Sanitation District. These facilities shall be
C.
D.
E.
F.
G.
H.
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No.7
I.
J.
consistent with the standards of the Orange County Sanitation
District (OCSD);
Fire hydrants;
Demolition/removal of utilities in accordance with the
demolition/severance plan as required herein; and
Telecommunications facilities including, but not limited to, telephone
and cable television facilities. Developer is required to coordinate
design and construction of cable television facilities with a City-
franchised system operator and shall not place an undue burden
upon said operator for the provision of these facilities.
K.
Project Phasing
(1 )
(1 )
1.25 Construction phasing of all products types shall occur as shown on Sheet
AS101 (Phasing Plan), unless otherwise amended in writing by the
Community Development Director. Construction of the pool/recreation
building shall be completed prior to final inspections for the first units
constructed in Phase I.
(1 )
1.26 Design and construction of all public infrastructure and in-tract private
streets and utility systems shall be constructed within the initial phase of
development and shall be completed prior to the issuance of building
permits for any Phase 1 unit as identified on Sheet AS1 01 (Phasing Plan).
Model units may be constructed prior to completion of infrastructure if
adequate ingress and egress is provided to the satisfaction of the Building
Official and Orange County Fire Authority. Project infrastructure (i.e.,
drive aisles within condominium project) and utilities shall be constructed
at the time of project development.
1.27 Any damage done to existing street improvements and utilities shall be
repaired before acceptance of the tract.
(1 )
1.28 Any proposed temporary on-site sales or construction trailers shall be
subject to review and approval by the Community Development Director.
Any proposed temporary trailers shall meet Title 24 accessibility standards
for disabled persons, provide an accessible path of travel, and provide on-
site parking. Occupancy of anyon-site trailers shall be prohibited daily
between 6:00 p.m. and 6:00 a.m.
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No.8
BuildinQ Division
(3)
2.1
At the time of building permit application, the plans shall comply with the
2001 California Building Code (CBC), 2001 California Mechanical Code
(CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical
Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy
Regulations, City Ordinances, and State and Federal laws and regulations,
or most recently adopted codes,.
Building plan check submittal shall include the following:
.
Seven (7) sets of construction plans, including drawings for
mechanical, plumbing and electrical.
.
Structural calculations, two (2) copies.
.
Title 24 energy calculations, two (2) copies.
.
Elevations that include all proposed dimensions, materials, colors,
finishes, and partial outlines of adjacent buildings on site and off
site where applicable.
.
Details for the proposed windows and doors.
.
Roofing material to be fire rated class "Bn or better.
.
The location of any utility vents or other equipment shall be
provided on the roof plan.
.
A note to indicate no rooftop equipment shall be permitted.
.
Details of all proposed lighting fixtures and a photometric study
showing the location and anticipated pattern of light distribution of
all proposed fixtures. All new light fixtures shall be consistent with
the architecture of the building. All exterior lighting shall be
designed and arranged as not to direct light or glare onto adjacent
properties, including the adjacent streets. Wall-mounted fixtures
shall be directed at a 90-degree angle directly toward the ground.
All lighting shall be developed to provide a minimum of one (1) foot-
candle of light coverage, in accordance with the City's Security
Ordinance.
.
Ground or wall-mounted outdoor equipment shall be screened so
that it cannot be viewed from public or private streets.
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No.9
(3)
2.2
(3)
2.3
(3) 2.4
(3) 2.5
(3) 2.6
(3)
2.7
(3)
2.8
(3)
2.9
.
Construction methods to mitigate ground shaking effects within
liquefaction zone as determined by the Building Official.
Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of
record.
.
Escape or rescue windows shall be provided in all sleeping rooms, in
accordance with the 2001 California Building Code (Section 310.4).
Dwelling units shall be provided with heating facilities capable of
maintaining a temperature of 70 degrees at a point three (3) feet above the
floor in all habitable rooms in accordance with the 2001 California Building
Code (Section 310.11).
All new glass doors and windows, in or adjacent to doors, shall be tempered
per 2001 California Building Code Section 2406.4.
All buildings shall be equipped with an automatic fire sprinkler system per
Section 8103 G) of the Tustin City Code.
Prior to permit issuance, clearances from the Orange County Fire shall be
required.
Primary entrance to the site and the sidewalks shall be accessible to
disabled persons.
Prior to issuance of a building permit, compliance with the requirements of
the Orange County Sanitation District No.7 shall be required.
Four (4) sets of final grading plans consistent with the site and
landscaping plans as prepared by a registered civil engineer shall be
submitted and shall include the following:
. Technical details and plans for all utility installations including
telephone, gas, water, and electricity.
. Three (3) copies of precise soil report provided by a civil engineer and
less than one (1) year old. Expanded information regarding the levels
of hydrocarbons and ground water contamination found on site shall
be provided in the soil report. All pavement "Rn values shall be in
accordance with applicable City of Tustin standards.
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No.1 0
(3)
(3)
(3)
(3)
. All site drainage shall be handled on site and shall not be permitted to
drain onto adjacent properties.
. Drainage, vegetation, circulation, street sections, curbs, gutters,
sidewalks, and storm drains shall comply with the on-site Private
Improvement Standards.
. Provide two (2) copies of Hydrology Report.
2.10 The engineer of record shall submit a final compaction report to the
Building Division for review and approval prior to the issuance of a
building permit.
2.11 The engineer of record shall submit a pad certification to the Building
Division for review and approval prior to the issuance of a building permit.
2.12 All construction activity shall comply with the requirements of the City of
Tustin Grading Manual which requires frequent watering of the project site
to control dust and prohibiting grading during second stage smog alerts and
when wind velocities exceed 15 miles per hour.
2.13 All grading, drainage, vegetation, and circulation shall comply with the City
of Tustin Grading Manual. All street sections, curbs, gutters, sidewalks,
lighting and storm drain shall comply with on-site improvement standards.
Any deviations shall be brought to the attention of the Building Official and
request for approval shall be submitted in writing prior to any approval.
(3)
2.14 A surety/cash bond will be required to assure work is completed in
accordance with approved plans prior to permit issuance. The engineer's
estimated cost of the grading, drainage, and erosion control shall be
submitted to the Building Official for determination of the bond amount.
(5)
2.15 Prior to issuance of building permits, the applicant shall submit for approval
by the Community Development and Public Works Departments, a Water
Quality Management Plan (WQMP) specifically identifying Best
Management Practices (BMPs) that will be used on site to control
predictable pollutant run-off. This WQMP shall identify the: structural and
non-structural measures specified detailing implementation of BMPs
whenever they are applicable to the project; the assignment of long-term
maintenance responsibilities (specifying the developer, parcel owner,
maintenance association, lessee, etc.); and, reference to the location(s) of
structural BMPs.
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No. 11
(5)
(5)
(5)
2.16 Prior to submittal of a WQMP, the applicant shall submit a deposit of
$2,700.00 for the estimated cost of review of the WQMP to the Building
Division. The actual costs shall be deducted from the deposit, and the
applicant shall be responsible for any additional review cost that exceeded
the deposit prior to issuance of grading permits. Any unused portion of the
deposit shall be refunded to the applicant.
2.17 Prior to issuance of a grading or building permit, the property owner shall
record a Notice of Water Quality Management Plan (WQMP) with the
County. Clerk Recorder on a form provided by the Community Development
Department to inform future property owners of the requirement to
implement the approved WQMP.
The Community Development and Public Works Department shall
determine whether any change in use requires an amendment to an
approved Water Quality Management Plan.
2.18 Prior to issuance of grading permits, the applicant shall submit a copy of
the Notice of Intent (NOI) indicating that coverage has been obtained
under the National Pollutant Discharge Elimination System (NPDES)
State General Permit for Storm Water Discharges Associated with
Construction Activity from the State Water Resources Control Board.
Evidence that the NOI has been obtained shall be submitted to the
Building Official. In addition, the applicant shall include notes on the
grading plans indicating that the project will be implemented in compliance
with the Statewide Permit for General Construction Activities.
(5)
2.19 Provide information for compliance with the requirements of the Orange
County Fire Authority, including fire flow and installation of fire hydrants
subject to approval of the City of Tustin Public Works and/or Irvine Ranch
Water District.
(3)
2.20 A note shall be provided on final plans that a six (6) foot high chain link
fence shall be installed around the site prior to building construction stages.
A nylon fabric or mesh shall be attached to the temporary construction
fencing. Gated entrances shall be permitted along the perimeter of the site
for construction vehicles.
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2.21
Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, street numbers shall be displayed in a prominent location on the
street side of the complex. The numerals shall be no less than four (4)
inches in height and shall be of contrasting color to the background to which
they are attached and illuminated during hours of darkness.
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No. 12
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2.22 Adequate size trash enclosures with solid metal, self-closing, self-latching
gate shall be provided, as shown on the plans. Said enclosures shall be
screened by a solid decorative wall consistent with the adjacent building's
material and finish and be of a minimum height of six (6) feet. The actual
location of the enclosures and types of screening and details of the
enclosure shall be submitted at building plan check and are subject to
approval by the Community Development Department. The locations of the
bins, sizes, and quantities shall be reviewed and accepted in writing by the
City's solid waste hauler. The applicanVowner shall comply with the City's
Source Reduction and Recycling Element and other recycling requirements
established by the Director of Public Works.
2.23 Prior to issuance of a rough grading permit, a demolition plan shall be
submitted for review, approval, and issuance of a demolition permit for
existing structures.
Enaineerina
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(5)
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3.1
3.2
3.3
3.4
3.5
The traffic analysis dated October 22, 2004, prepared by Katz, Okitsu and
Associates uses assumptions and recommendations that tie to the
project's design and density. Should the project's density or design be
modified, a revised traffic analysis would need to be submitted to the
Public Works/Engineering Division for review and approval.
This development shall comply with all applicable provisions of the City of
Tustin Water Quality Ordinance and all Federal, State and Regional
Water Quality Control Board rules and regulations.
Prior to issuance of a grading permit, preparation of a sedimentation and
erosion control plan for all work related to this development shall be
required.
Prior to issuance of a grading permit, a complete hydrology study and
hydraulic calculations shall be submitted for review and approval by the
City.
Prior to issuance of a grading permit, preparation of plans for and
construction of:
A.
All sanitary sewer facilities shall be submitted as required by the
City Engineer and local sewering agency. These facilities shall
include a gravity flow system per the standards of the Orange
County Sanitation District No.7.
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No. 13
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3.6
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3.7
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3.8
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3.9
B.
A domestic water system shall be designed and installed to the
standards of the City of Tustin Water Services Division.
Improvement plans shall also be reviewed and approved by the
Orange County Fire Authority for fire protection purposes. The
adequacy and reliability of water system design and the distribution
of fire hydrants shall 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. Release/approval from East Orange County Water
District shall be obtained prior to receiving water service or
issuance of an encroachment permit, whichever occur first.
Prior to issuance of grading permit, preparation and submittal of a final
grading plan showing all pertinent elevations as they pertain to the public
right-of-way along with delineating the following information:
a.
Final street elevations at key locations;
b.
Final pad/finished floor elevations and key elevations for all site
grading. All pad elevations to be a minimum of one (1) foot above
base flood elevation as defined by FEMA; and,
c.
All flood hazards of record.
Adequate horizontal and vertical intersection sight lines shall be provided.
In general a 25' x 25' limited use area triangle provides adequate sight at
typical driveways. Addition sight evaluation, however, could be required to
satisfy City of Tustin Standard Drawing No. 510 for all affected streets.
The site lines shall be shown on the grading plan and landscape plan. If
detailed analyses are requested, all landscaping within the limited use
area would need to comply with City of Tustin Standard Drawing No. 510.
Prior to issuance of grading or building permit, the applicant shall relocate
the water valve, catch basin, fire hydrant, and parkway trees that are
located at the proposed driveways. The new locations shall be reviewed
and approved by the City Engineer.
Any damage done to existing street improvements and utilities shall be
repaired before acceptance of the tract.
3.10 Prior to any work in the public right-of-way, an, Encroachment Permit shall
be obtained from and applicable fees paid to the Public Works
Department and permission shall be obtained from property owners for
any works on adjacent properties.
1)
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No. 14
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3.11
Current Federal American with Disabilities Act (ADA) requirements will
need to be met at the drive aprons.
3.12 Prior to issuance of an encroachment permit, the applicant shall obtain
written approval from the Orange County Sanitation District and the
Orange County Flood Control District for work within their agencies.
3.13 In addition to the normal full size plan submittal process, all final
development plans including, but not limited to: tract maps, parcel maps,
right-of-way maps, records of survey, public works improvements, private
infrastructure improvements, final grading plans, and site plans are also
required to be submitted to the Public Works Department/Engineering
Division in computer aided design and drafting (CAD D) format. The
standard file format is AutoCAD Release 14 or 2000 having the extension
DWG. Likewise, layering and linetype conventions are AutoCAD-based
(latest version available upon request from the Engineering Division). In
order to interchangeably utilize the data contained in the infrastructure
mapping system, CADD drawings must be in AutoCAD "DWGn format
(i.e., produced using AutoCAD or AutoCAD compatible CADD software).
The most current version of AutoCAD is Release 2000. Drawings created
in AutoCAD Release 14 are compatible and acceptable.
The CADD files shall be submitted to the City at the time the plans are
approved and updated CADD files reflecting "as builtn conditions shall be
submitted once all construction has been completed. The subdivision
bonds will not be released until the "as builtn CADD files have been
submitted.
3.14 Prior to issuance of a building permit, in accordance with the California
Integrated Waste Management Act 1989, the applicant shall submit a
Waste Management Plan per Section 4327 of the Tustin City Code to be
reviewed and approved by the Community Development Department
3.15 The project shall comply with all applicable provisions of the City of Tustin
Water Quality Ordinance and all Federal, State and Regional Water
Quality Control Board rules and regulations.
OranQe County Fire Authority
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4.1
Prior to the issuance of any grading or building permits, the applicant shall
obtain approval of the OCFA for all fire protection access roads to within
150 feet of all portions of the exterior of every structure on site. The Fire
Master Plan shall also have detailed information on fire lane signs and or
red curbs. Please contact the OCFA at (714) 573-6100 or visit the OCFA
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No. 15
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4.2
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4.3
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4.4
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4.5
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4.6
FEES
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5.1
website to obtain a copy of the "Guidelines for Emergency Access, or
Bulletin number 08-99, "Fire Department Access Requirements for A
Single Family Residence."
Prior to issuance of a building permit, the applicant shall submit a fire
hydrant location plan, detailed onto the Fire Master Plan, to the OCFA for
review and approval.
Prior to the issuance of any building permits, the applicant shall provide
evidence of adequate fire flow. The "Orange County Fire Authority Water
Availability for Fire Protection" form shall be signed by the applicable water
district and submitted to the Fire Chief for approval.
Prior to the issuance of a building permit, the applicant shall submit plans
for the required automatic fire sprinkler system in all structures to the Fire
Chief for review and approval. Please contact the OCFA at (714) 573-
6100 for additional information. This system shall be operational in a
manner meeting the approval of the Fire Chief, prior to the issuance of a
certificate of use and occupancy.
Prior to the issuance of a building permit, the applicant shall submit
architectural plans for the review and approval of the Fire Chief if required
per the "Orange County Fire Authority Plan Submittal Criteria Form."
Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal.
Prior to the issuance of a building permit, plans for the fire alarm system
shall be submitted to the Fire Chief for review and approval. Please
contact OCFA at (714) 573-6100 or visit the OCFA website to obtain a
copy of the "Guideline for New and Existing Fire Alarm Systems." This
system shall be operational prior to the issuance of a certificate of use
and occupancy.
Prior to issuance of any building permits, payment shall be made of all
applicable fees, including, but not limited to, the following. Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.
a)
Building and grading plan check and permit fees to the Community
Development Department based on the most current schedule.
Exhibit A - Conditions of Approval
Resolution No. 3964
DR 04-025
Page No. 16
(1 )
5.2
S:\CddlPCRESOS\3964 (Nevis).doc
b)
Private improvement plan check and permit fees.
c)
Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
d)
New development fees in the amount of $350 per unit, plus $100
per bedroom over one in each unit.
e)
School facilities fees to the Tustin Unified School District.
f)
Payment of the Orange County Sanitation District No.7 Sewer
Connection Fees at the time a building permit is issued.
g)
Payment of the Major Thoroughfare and Bridge Fees at the time of
issuance of a building permit to the Tustin Public Works
Department. The current fee is $ 1,769.00 per multifamily unit for
multi-family development. Please note that on July 1 st of every
year, the fee will increase 2.206 percent.
h)
Water connection fees to the East Orange County Water District.
Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier's check payable to the COUNTY CLERK in the amount of forty-
three dollars ($43.00) to enable the City to file the appropriate
environmental documentation for the project. If within such forty-eight
(48) hour period that applicant has not delivered to the Community
Development Department the above-noted check, the statute of
limitations for any interested party to challenge the environmental
determination under the provisions of the California Environmental Quality
Act could be significantly lengthened.