The URL can be used to link to this page

Home My WebLink About01 VTT MAP 16790 03-07-05 AGENDA REPORT Agenda Item 1 Reviewed: /ill City Manager Finance Director ~ MEETING DATE: MARCH 7, 2005 FROM: WilLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT TO: SUBJECT: VESTING TENTATIVE TRACT MAP 16790 SUMMARY Vesting Tentative Tract Map 16790 is a request to subdivide an existing 4.99 acre site located at 1361 EI Camino Real into one (1) lot for the purpose of developing ninety-three (93) residential condominium units. On February 14, 2005, the Planning Commission recommended that the City Council approve Vesting Tentative Tract Map 16790 and approved Design Review 04-025. (Owner: Nevis Tustin, llC.) RECOMMENDATION: That the City Council adopt: 1. Resolution No. 05-44 approving the Final Mitigated Negative Declaration as adequate for Vesting Tentative Tract Map 16790 for the development of ninety- three (93) residential condominium units. 2. Resolution No. 05-45 approving Vesting Tentative Tract Map 16790 to subdivide an existing 4.99 acre site located at 1361 EI Camino Real into one (1) lot for the purpose of developing ninety-three (93) residential condominium units. FISCAL IMPACT: Vesting Tentative Tract Map 16790 is an applicant-initiated project. The applicant has paid applicable fees for the processing of this project. ENVIRONMENTAL: A Mitigated Negative Declaration has been prepared in conformance with the California Environmental Quality Act (CEQA) and is attached as Exhibit A of Resolution 05-44 (Attachment D). Vesting Tentative Tract Map 16790 March 7, 2005 Page 2 BACKGROUND: The project site is a 4.99 acre parcel currently 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. The application for the Vesting Tentative Tract Map requires approval by the City Council and the application for Design Review for architecture and site design requires approval by the Planning Commission. On February 14, 2005, the Planning Commission held a public hearing and adopted Resolution No. 3963 recommending approval of Vesting Tentative Tract Map 16790 to the City Council and adopted Resolution No. 3964 approving Design Review 04-025 for site and building design of the proposed ninety-three (93) residential condominium complex. At the Planning Commission meeting, current residents of the existing apartment complex stated that none of the renters are contesting the project but are asking for consideration regarding the difficulties of moving tenants such as single parents, the disabled, etc. who have special needs and limited incomes. Generally, the current "residents are seeking additional time and money to allow for relocation to other apartments. In response, the developer indicated that meetings were held with tenants and the relocation notification package was offered to include: 120 days' notice and a half- rent reduction for the four-month period; return of security deposits in full; placement of tenants on a priority list if they wish to buy one of the condominiums; and assistance by the current management company in finding other apartments in Tustin. In response to the Planning Commission inquiry as to City's obligation in this matter, the City Attorney indicated that the applicant is intending to redevelop at the owner's own cost and expense; the project is not located within a Redevelopment project area; and, the project does not require any City or Redevelopment Agency assistance. Therefore, the project is considered as a private project with basic requirements under State law that deal with relocation requirements with which the applicant has complied. DISCUSSION: General Project Description The project is 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 Vesting Tentative Tract Map 16790 March 7, 2005 Page 3 rear elevation. End units (Plan C) would have a third floor along the front elevation and maintain the same rear elevation as other units. The project site is designed with "T" shaped private streets with narrower drives that would branch out from the main street. The project would have a total of twenty-four (24) buildings which would be developed in 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. 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. Also included is a common pool/recreation area to be 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 complies with the development standards for the Multiple Family Residential (R-3) District including parking requirements. Tustin City Code Section 9226a1U) 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 twenty-four (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. Vesting Tentative Tract Map Vesting Tentative Tract Map 16790 is a request to subdivide an existing 4.99 acre site located at 1361 EI Camino Real into one (1) lot for the purpose of developing ninety-three (93) residential condominium units. To implement the Conservation/Open Space/Recreation Element of the City's General Plan which goals are to provide adequate parkland and recreation area for Tustin residents, Section 9331 of the Tustin City Code authorizes the requirement for dedication of parkland or pay a fee in lieu thereof. While the project includes common pool/recreation area, this area does not meet the one (1) acre threshold for private open space credit. Accordingly, based upon the proposed density of 18.64 dwelling units per acre, the applicant is required to dedicate a minimum of .0065 acre per dwelling unit for parkland or pay fees in lieu of parkland dedication (Condition 4.2 of Resolution No. 05-45). The value of the amount of such fees would be based upon the requirements of Section 9331.d.3 of the Tustin City Code. A traffic analysis for this project has been completed and contained in a document prepared by Katz, Okitsu & Associates. While the analysis concluded that there is very little traffic interaction between the project site and the adjàcent Tustin High School in either AM or PM high school peak periods, the analysis recommended re-striping of the Vesting Tentative Tract Map 16790 March 7, 2005 Page 4 existing paved median on EI Camino Real to provide a 75-foot eastbound left turn lane into the project for more efficient access to the site. Condition 3.1 of Resolution No. 05- 45 requires the applicant to re-stripe the existing paved median to provide a 75-foot left turn lane into the project. Environmental Analysis A Final Negative Declaration has been prepared for this project (Exhibit A of Resolution No. 05-44). 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. JU~~~ Associate Planner a~ 2~~~¿! Elizabeth A. Binsaék Community Development Director Attachments: A. Location Map B. Planning Commission Action Agenda, Planning Commission Staff Report Dated February 14, 2005, and Design Review Resolution No. 3964 C. Submitted VTTM 16790 D. City Council Resolution No. 05-44 E. City Council Resolutio n No. 05-45 """ICCRE'ORnVITM "'" """"" ATTACHMENT A Location Map LOCATION MAP /( r Vesting Tentative Tract Map 15790 Design Review 04-025 NEVIS TUSTIN 1361 EL CAMINO REAL TUSTIN ~ 0 ~ ~ ~ ATTACHMENT B Planning Commission Action Agenda, Planning Commission Staff Report Dated February 14, 2005, and Design Review Resolution No. 3964 AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: TO: FROM: SUBJECT: FEBRUARY 22, 2005 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PLANNING COMMISSION ACTION AGENDA 7:00 p.m. Given All present Staff present None Approved ACTION AGENDA REGULAR MEETING TUSTIN PLANNING COMMISSION FEBRUARY 14, 2005 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Dana Ogdon, Assistant Community Development Director Doug Holland, Assistant City Attorney Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Doug Anderson, Senior Project Manager-Transportation Terry Lutz, Principal Engineer Scott Reekstin, Senior Planner Minoo Ashabi, Associate Planner Justina Willkom, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - JANUARY 24, 2005, PLANNING COMMISSION MEETING. Action Agenda - Pianning Commission February 14, 2005 - Page 1 Adopted Resolution Nos. 3962, 3963, 3964 Adopted Resolution Nos. 3955, 3956, 3957,3958 PUBLIC HEARINGS 2. VESTING TENTATIVE TRACT MAP 16790 AND DESIGN REVIEW 04-025 REQUESTING APPROVAL: 1) TO SUBDIVIDE AN EXISTING 4.99 ACRE SITE INTO ONE (1) LOT FOR THE PURPOSE OF DEVELOPING NINETY- THREE (93) RESIDENTIAL CONDOMINIUM UNITS; AND 2) FOR BUILDING AND SITE DESIGN FOR THE DEVELOPMENT OF NINETY-THREE (93) RESIDENTIAL CONDOMINIUM UNITS. THIS PROJECT IS LOCATED IN THE MULTIPLE FAMILY RESIDENTIAL (R-3) ZONING DISTRICT. 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) lotfor 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. 3. CONTINUED GENERAL PLAN AMENDMENT 04-001, PREZONE 04-001, AND ZONE CHANGE (MCAS TUSTIN SPECIFIC PLAN AMENDMENT) 04-001 FOR ANNEXATION 159 (MCAS TUSTIN SPECIFIC PLAN DISPOSITION PARCEL 36 - COLUMBUS GROVE) REQUESTING: 1) A GENERAL PLAN AMENDMENT TO ESTABLISH THE GENERAL PLAN DESIGNATION OF "MCAS TUSTIN SPECIFIC PLAN" FOR THE ANNEXATION OF MCAS TUSTIN SPECIFIC PLAN DISPOSITION PARCEL 36; 2) PREZONING OF MCAS TUSTIN SPECIFIC PLAN DISPOSITION PARCEL 36 FROM THE CITY OF IRVINE "2.3 MEDIUM DENSITY RESIDENTIAL" ZONING DISTRICT TO THE CITY OF TUSTIN "MCAS TUSTIN Agenda - Pianning Commission February 14,2005 - Page 2 Adopted Resolution Nos. 3943, 3944, 3945,3946,3947 SPECIFIC PLAN" ZONING DISTRICT (SP-1 SPECIFIC PLAN); AND, 3) ZONE CHANGE TO AMEND SECTIONS 3.9.4 AND 3.13.2 OF THE MCAS TUSTIN SPECIFIC PLAN TO ESTABLISH NEW SITE DEVELOPMENT STANDARDS FOR MCAS TUSTIN SPECIFIC PLAN DISPOSITION PARCEL 36. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 3955 recommending that the City Council find that General Plan Amendment 04-001, Prezone 04-001, Zone Change (MCAS Tustin Specific Plan Amendment) 04-001, and Annexation No. 159 are within the scope of the adopted Final EIS/EIR for the MCAS Tustin Specific Plan/Reuse Plan. 2. Adopt Resolution No. 3956 recommending that the City Council approve General Plan Amendment 04-001 for the annexation of MCAS Tustin Disposition Parcel 36. 3. Adopt Resolution No. 3957 recommending that the City Council approve Prezone 04-001 for the annexation of MCAS Tustin Disposition Parcel 36. 4. Adopt Resolution No. 3958 recommending that the City Council approve Zone Change (MCAS Tustin Specific Plan Amendment) 04-001 for MCAS Tustin Disposition Parcel 36. 4. CONTINUED CONCEPT PLAN 03-004, SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-002, TENTATIVE TRACT MAP 16582, AND DESIGN REVIEW 04-004, FOR COLUMBUS GROVE (MCAS TUSTIN DISPOSITION PARCELS 35 AND 36) AS FOLLOWS: 1) SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-002 TO LIST CARRIAGE WAY UNITS AS PERMITTED USES WITH RELATED DEVELOPMENT STANDARDS AND AMEND THE MINIMUM DEVELOPMENT SITE OF 10 ACRES FOR DEVELOPMENT OF CONDOMINIUM AND MULTIPLE FAMILY DWELLINGS IN PLANNING AREA 21; 2) CONCEPT PLAN 03-004 TO SUBDIVIDE 86.26 ACRES AND DEVELOP 465 RESIDENTIAL UNITS WITHIN PLANNING AREA 21; 3) TENTATIVE TRACT MAP 16582 SUBDIVIDING 86.26 ACRES FOR DEVELOPMENT OF 286 NUMBERED LOTS AND 68 LETTERED LOTS FOR THE PURPOSE OF Agenda - Planning Commission February 14, 2005 - Page 3 DEVELOPING 465 RESIDENTIAL UNITS INCLUDING 211 SINGLE FAMILY DETACHED UNITS, 68 CARRIAGE WAY UNITS, AND 184 CONDOMINIUM UNITS; AND, 4) DESIGN REVIEW 04-004 FOR SITE AND ARCHITECTURAL DESIGN FOR THE DEVELOPMENT OF 465 RESIDENTIAL UNITS. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 3943 recommending that the City Council find that Tentative Tract Map 16582 is within the scope of the adopted Final EIS/EIR for the MCAS Tustin Reuse and Specific Plan and finding that Concept Plan 03-004, Design Review 04-004, and the Affordable Housing Plan and Density Bonus Application and the request to transfer affordable housing units from Planning Area 21 to Planning Area 5 are within the scope of the adopted Final EIS/EIR for MCAS Tustin Reuse and Specific Plan; 2. Adopt Resolution No. 3944 recommending that the City Council approve Specific Plan Amendment/Zone Change 04-002 to list carriage way units with related development standards in Planning Area 21 and amend the 10- acre Minimum Development Site requirement for condominiums and multiple family dwelling developments to allow development of the triplex units on a 9-acre site, which is part of Tentative Tract Map 16582 encompassing 86.26 acres. Adopt Resolution No. 3945 approving Concept Plan 03-004 to subdivide 86.26 acres and develop 465 residential units within Planning Area 21; 3. 4. Adopt Resolution No. 3946 recommending that the City Council approve Tentative Tract Map 16582 for the subdivision of 286 numbered lots and 68 lettered lots for the development of 465 residential units including 211 single family detached units, 68 carriage way units, and 186 condominium units; and, 5. Adopt Resolution No. 3947 approving Design Review 04-004 for the site and architectural design for the development of 326 residential units on Parcel 35 in City of Tustin and 139 residential units on Parcel 36 currently in City of Irvine upon Agenda - Planning Commission February 14, 2005 - Page 4 Adopted Resolution Nos. 3949, 3950, 3951,3952,3953 annexation to City of Tustin for a total of 465 residential units in Planning Area 21 (Parcel 35 and 36). 5. CONTINUED CONCEPT PLAN 03-003, SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-003, TENTATIVE TRACT MAP 16581, DESIGN REVIEW 04-006, FOR COLUMBUS SQUARE (MCAS TUSTIN DISPOSITION PARCELS 23 AND 24): 1) SPECIFIC PLAN AMENDMENT/ ZONE CHANGE 04-003 TO LIST CARRIAGE WAY UNITS AS PERMITTED USES IN PLANNING AREA 4 AND PLANNING AREA 5 AND AMEND THE MINIMUM DEVELOPMENT SITE OF 10 ACRES FOR CONDOMINIUM DEVELOPMENT IN PLANNING AREA 4; 2) CONCEPT PLAN 03-003 - TO SUBDIVIDE 105.5 ACRES AND DEVELOP 1,077 RESIDENTIAL UNITS WITHIN PLANNING AREAS 4 AND 5; 3) TENTATIVE TRACT MAP 16581 SUBDIVIDING 105.5 ACRES FOR DEVELOPMENT OF 386 NUMBERED LOTS AND 186 LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 1,077 RESIDENTIAL UNITS; AND, 4) DESIGN REVIEW 04-006 FOR SITE AND ARCHITECTURAL DESIGN FOR THE DEVELOPMENT OF 1,077 RESIDENTIAL UNITS AS FOLLOWS: PLANNING AREA 4: . 84 SINGLE FAMILY DETACHED UNITS; . 181 CARRIAGE WAY UNITS; . 72 SENIOR HOUSING UNITS; . AVERAGE DENSITY OF DWELLING UNITS PER ACRE PLANNING AREA 5: . EIGHTEEN (18) CARRIAGE WAY PRODUCTS; . 170 SENIOR HOUSING UNITS; . 552 CONDOMINIUM UNITS . AVERAGE DENSITY OF DWELLING UNITS PER ACRE 8.62 18.8 RECOMMENDATION: 1. Adopt Resolution No. 3949, recommending that the City Council find that the Final Environmental Impact Statement/Final Environmental Impact Report for the Disposal and Reuse of MCAS Tustin ("FEIS/FEIR") is adequate to serve as the project EIS/EIR for Zone Change 04-003, Tentative Tract Map 16581, Concept Plan 03-003, Design Review 04-006, the Affordable Agenda - Pianning Commission February 14, 2005 - Page 5 Housing Plan and Density Bonus application, and the request to transfer affordable housing units from Planning Area 4 and 21 to Planning Area 5 and that all applicable mitigation measures will be incorporated into the project as required by the California Environmental Quality Act. 2. Adopt Resolution No. 3950, recommending that the City Council of the City of Tustin approve Zone Change 04-003 to permit the development of detached Carriage Way single family dwelling units in Planning Area 4 and 5 and establish related development standards and amend the requirement for a 10-acre minimum development site for condominiums and multiple family dwellings in Planning Area 4. 3. Adopt Resolution No. 3951 approving Concept Plan 03- 003 to subdivide 105.5 acres (gross) and develop 1,077 residential units bounded by Edinger Avenue on the north, Valencia North Loop Road on the south, an industrial business park and Severyns Road on the west, and West Connector Road on the east within Planning Area 4 and Planning Area 5 of the MCAS- Tustin Specific Plan (Parcel 23 and Parcel 24). 4. Adopt Resolution No. 3952 recommending that the City Council approve Tentative Tract Map 16581 to subdivide 105.5 acres bounded by Edinger Avenue on the north, Valencia North Loop Road on the south, an industrial business park and Severyns Road on the west, and West Connector Road on the east for the purpose of developing 1,077 residential units within Planning Area 4 and Planning Area 5 of the MCAS- Tustin Specific Plan (Reuse Plan Disposal Parcel 23 and Parcel 24). 5. Adopt Resolution No. 3953 approving Design Review 04-006 authorizing the development of 1,077 residential units on a 105.5 acre (gross) site bounded by Edinger Avenue on the north, an office industrial building and Severyns Road on the west, Valencia North Loop Road on the south and West Connector Road on the east within Planning Area 4 and Planning Area 5 of the MCAS Tustin Specific Plan (Parcel 23 and Parcel 24). None REGULAR BUSINESS Agenda - Planning Commission February 14, 2005 - Page 6 STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE FEBRUARY 7, 2005, CITY COUNCIL MEETING. Director Stated the City Council approved Tentative Tract Map 16782 and Design Review 04-024 for the Lennar South Coast project. Noted the CDBG meeting takes place Wednesday, February 16, at 6:00 p.m. COMMISSION CONCERNS Lee Thanked staff for their work on tonight's reports. Menard Echoed Commissioner Lee's thanks to staff. Floyd Wished everyone a Happy Valentine's Day. Thanked staff. Pontious Offered congratulations to Dana Ogdon for his promotion to Assistant Director of Community Development. Asked whether staff has any workshops planned, especially regarding a timeline for Tustin Legacy development Nielsen Thanked staff. Wished everyone a Happy Valentine's Day. 10:05 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, February 28, 2005, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Agenda - Planning Commission February 14, 2005 - Page 7 Agenda - Planning Commission February 14, 2005 - Page 8 ITEM #2 Report to the Planning Commission DATE: FEBRUARY 14, 2005 VESTING TENTATIVE TRACT MAP 16790 AND DESIGN REVIEW 04-025 SUBJECT: OWNER: NEVIS TUSTIN, LLC. 650 W. HUNTINGTON DRIVE #201 ARCADIA, CA 91007 APPLICANT: SCOlTVANG NEVIS TUSTIN, LLC. 650 W. HUNTINGTON DRIVE #201 ARCADIA, CA 91007 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. Pro/ect DeBer/ot/on 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 B - 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 pooVrecreation 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 B - Submitted Plans). Six (6) elevations are proposed which consist of four (4) floor plans (Plans A, S, C, and D) and two (2) variations of Plan A (Plan A2 and A3) as follows: Plan A A2 A3 B 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 10 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. Parklna. and Traffic Analysis Access The complex will have one (1) sixty-seven (67) fool 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 pub~c 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 "T" 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 streel 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 sileo 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 9226a1U) 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 ResolutionNo. 3962) as follows: .,,¡ 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. . .,,¡ Trafficrrrip 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 inèrease 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 y 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 Diego" 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. Landscaoeniardscaoe 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 Analvsis 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 VlTM 16790 and DR 04..()25 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 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 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 Analvsis 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. ~¿1)j1~ Ju na Willkom Associate Planner ~~~~ 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) S~REPOAT\'OO5\VT"'16790,""DR"""5.doo 10. 11. LAND USE APPLICATION FACT SHEET 1. 2. LAND USE APPLICATION NUMBER(S): VTTM 06790 and DR 04-025 LOCATION: North side of EI Camino Real. Between Newport Avenue and Red Hill Avenue 4. ADDRESS: 1361 EI Camino Real. Tustin California LOT: southerly half of Lot 31. of Map Plat No.1, recorded in Book 5, Pace 7 of Miscellaneous Records of Los Anoeles County TRACT: 5. APN(S): 500-141-22 PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: 6. N/A 7. SURROUNDING LAND USES: NORTH: Tustin Hioh school plav field EAST: U-Haul and Various Commercial Uses SOUTH: Interstate 5 Freewav WEST: Tustin Hioh School park/no lot 8. SURROUNDING ZONING DESIGNATION: NORTH: ~ SOUTH: Unclassified EAST:~ WEST: ~ 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: Hioh Density Residential PROPOSED GP: Hiah 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 PROJECT NO. ADDRESS ( r Vesting Tentative Tract Map 15790 Design Review 04-025 NEVIS TUSTIN 1361 EL CAMINO REAL TUSTIN ~ ~ ~ ATTACHMENT B Submitted Plans -- .._--.. -_.-.-----, --.-, - - - -- _n ou_--- """-, .""""""'."C. "'".." CO. ,~,~." .~.~".. -~"W'" ,u,'~"... ~~".~ PROJECT CÞTA -- _.,,~ ~- .._""~., -- ._~ ._.~~. "-~~. ,-,~~. .,,~~~, "-~.,,. ""'"~~. _t:¡;~~i~]~ Ëgi~]~ ~-"'-"""'- ~----~~. - .. - .". -.. ",,- ~. -.,.- ",. -..-.-, ,,'. -,....-, .. ".._~"'".' ..,. -..-.-,.' ""-'-'" .-. ~-' - - Ji~r"""~',,.,. ~-. '" . " "" ""'/"'- -'-. 9" - -----"-':"""-"",.---- ""! ~ THE COTTAGES SITE PLAN I PHASING PLAN I FIRE MASTER PLAN 1361 EL CAMINO REAL, TUSTIN, CALIFORNIA TUSTIN HIGH SCHOOL FOOTBALL FIELDS .-.~... ".~, "" 'OH' n",. ;¡¡¡-;- EXISTING USE: HIGH SCHOOL ------ "'" "" "M' "'" ~.':':'i.1o'~";,';"¡'I~,,..""'I' SITE PLAN @-=~-=~ ~ '" 1'5 <; ~ ô u " I ~ z ~ð ~ "" i\ co .0 II >- "" , z ~ D ~z ,æ~ B~g¡ ~~~ 'I ~~~ II ~~~ ~ ~ llliillJ " 'NUSru "'" "."." "" 1'~::"'-""'YêiJIUI \~ S3ÐY1l0) .. NllSru M .. .. "1 ~l .. .... \ . : . . /i qVVV~VV q¡'fvl,:'E ¿ð~!~lli~ \, II ~ f~-~~ie;~. --- "to, ~ \! f~ ..Lr.ti~~rç~ ! ~i . \\ \ Mðþ!~ '~..~: ~ ~ ~ ¡- ij'vVvV~ 4 ~g:~' ~\ . ¡IB~:' --, ~ .~'HL.J:r~,- 1\..",~ i C:> ~ ~\ ~ Iti i! k+;;"'t U i - \ ¡ ì ¡£::. >-¡L - ~ ]1. J li :;; \ z .. I c:> !# ii' .~1 î¡-cJ " ¿( \ :5 , C:>! ,i ILl, 0.. .. . ! (....,,(, ¡,¡ ¡. 1- Ù \ !z ¡ ~rJtr11 "'t~' i ; ..~.. - -'I-'-~ ! ~ ' " -' \ ~ : - !~~~~~~Iv:~;~ ):'<::~:~~~~fi w\, ~ . .' . ..-~IV-~\, \ : ~.- -" t~ ~~L ,- i ~~L .L, I \ '. . \ \ . ! i' ',7 :.. I,] ~þ~þþþ ô4.Ú"Mi!) ~j-- ,MMMÚþ- }~. \ \I~ \ ~ . ""-- ~ - i " "7\\ ' tf-- V'VV"VVVV'VVV ¡vvvvifvvvvv- vvvvvvv'vv"v f"" J \ I . '~H"J'I" 0, . \"¡;-'. -1- t¡~-- '-,--',-- I .' -_.i'~T:'- ..'_m"_m_"~:,+' J_..~~i\ ---j..:.\ I ! ~ ! ' ' ¡ ¡ ,I ~ Ii ~ ~..~-~-- M -.- .. ... .. ,.n- n~~j .. - <~ ---.......--..-----..------_..___.n_"'-------"""- llillilJ'" I ,. ' II ; " ! i "'NOW ""OM"""'" 1"~:="Yëi) I U S3~VllOJ - NUSru ~ 'M ,r \ J I" ~~ [ . . -.. ',' '1 ¡-, '-, '";; \ -- J----~ I!r-- '-JJ . ~ , ',\ . !;R~'tt~Ç [!Xi""".. ~. \ . I.', ~.' ~ U' ,'" " ~ ~ ' ~ ~. ~ ~t ~. . -- r=-, iF'"~ I -dp '... '" ° .., C'i, .1) ~'\ ~ .! ;SOD ~~90 ",0 ° :',' Ii : æ r If w¡u --JI r- roo'" "', 0 \, ~ .=-" -,- 1"",,-g""'" '.=L=I*\%~ , :.\ ~! . ° l.';'¡">:H ,:,'" ',i- "i' ::ž \ -' l.¡ , <Í. \ ~ 0 '_c _ce, """", ~ :1- ~:'~o:jiuri"~i) ~ ,",n~ i" i" .~ ~:'t\ Ii ----I ,,;,.:. ~ :!!,',;;': j) 1\ . __I "->. "., . ~ \ I ¡ , 90 o)í1 § '~ 0 [HI 0 j 0 0 ,If O~l !ë:':" Ji \ \ , I.~= ~.,~ ',.".. " " F)i~i~~j\=\ . '! ~i ~ 0 0 '1u ~ g 0 [HI 0 Iii ¡! 0 0 ~o G l\"F1 ~ \ ~ . ~-... ' '~. '~";+c-,,,--~ ,.+-..- '" r \ '\ 'i l~;." n~" ."~ t. "{'~ ~I :~]~ ,~, \1\1 ~I j ~' .. >- '- .. ,,- - ." ( .........,---"" -_..----, ------,.......,.......,. ..,.. '" " ""SOl """'"~""" 1-;:~="Yõ)lUI S3~Yl1OJ -- NIlSnl r-~=l~~jl-----l ~ 1 =;R : ~!-]m - :I-~ \ , I - . ' ----r~ ..' ..' I 'j \ " . '. .,. I II \ , -- '--- '. . ":1 .¡ r"\ :,i:-~œw~ - '," l \\ ': I ' I i tm.' i \ zt Ii i '~', II '\ ~ ¡ , I ¡¡j +----" L \ , ' ~ . ---I ,. ~ i --¡øg, "', -1---------\ 8 I' II' ,,', ~,\ ii ,>\ 'c ----l -- f- \ \ ~ :-I-"lMB :~æ \_\ ': ", " '-, ,~~='\ Ii' ',I', ' , Ii ' -,,' , !---~t ~-------____~_L______---_.J_~------______L__L_~___j-- - -- '1 i I I I ! I ' ., ------Ì .) - -- -",,--- ,.. --'c, --, ..---- - i ,I ~ II (t -------------------------------- I-~~=Ÿå) I U " 'NUSIli "",-"""" S3ÐVllOJ - NUSru ,---------------------------------------, la~ 8\ I ' , \ I ~E:"~J \ i ~ D \ \ Cn~æ \, ! 0] \ I ' , \ I ' , \ I ' , \ I C~"] B I ::~ \ I ' I c:1 a B-3 \ I ' ! Ei:3 \ 1'- 83 [~D~ \ ¡ c::J ['Vo ~.'V \ õt::',J \ ~-----------------------------------------------------~ ~ <!J II (t 5 ¡ ~! w GJ ...J U. 0 0 0: 0: 0 9 u. C 0: '" Ulliill "'NOS," W,"~'""""" S3~VllOJ - NIlSfli ~ 8 , ~ j~ p ~ n-----"r ; ~~'-- I ; i-~> , k-~! . ì : >]',- ",',! ¡ I ; -~--1- I 1'~::='Yo)IUI I -,','r',-x,' i - -\1- ~ r-- rr . ~i~ I' 'e ¡I I -- . - ¡¡ I-'r-x ~ - -~! ~ , ~ 8 Ii ... \!1 i' "- I -"."'">, 5 ~~ -- -=:=-t~ ~ : ,"" : '15' "- I Ii IIIII lLLLUW S39VHOJ - NliSnl 1'0""01 "'","",.,, "" EU I ICJ I -j---.r--! ! I , ~~-~-ror--~~ r Dl71 ~ Ij\¡V ì 5 .. IL 0 0 0: ~, ~ ~I 5 .. ~ 5 .. z :5 ~ i IX> ~ ~I 1-'~:==Yå)IUI I,,-,','I-~', ¡ -- 5 .. 5 .. ~ 0 ¡¡¡ !;!, 5 .. z :5 G- o: 0 0 Ii ~ i I L I~ I I II L~~-~~?:::_=---",---=: !;! 5 .. !;!, z :5 .. I'-r -J ~ - ,~~ 5 .. ~ 0 ¡¡¡ r ~:;:~':~~::f-"~ .I . ~_.¡ ¡ "I '1,'-1> ~ ~ --I 5 .. ~ 0, 5 .. "~=-L-~,,..~~~; -, @ TYPICAL BUILDING FRONT ELEV~~. @TYPICAL BUILDING RIGHT ELEVA~~~. @ TYPICAL BUILDING REAR ELEVA~~,~ ~"-~-_.~ ;¡,~~~ %-- ":...'~- -~-.- 1> ..- - .~- -~ -~ ,'",~,~ 1i'~"- .~~.- 4'-'- '>.m~~.~~, ".~_.~ f.-- "'._~-- @OVERALL STREET ELEVATION (::.~~INO REAL) , I I '~~~m JB~ i :!~' -- - ::: -- '.. -' --' --- " -.:: ~ :- . . - ~L CD OVERALL SITE CROSS SECTION - '"~,. ~ if> t3 ; ",.:; ';",~~ S30vum - NllSru 1 "I I . I ~ I I ¡: ! : ! ~ n H pi: n Ì q p ~ ilHIIIIHI!!II! ~~~~~~~~~~~~~~~~ Et)~ W 1'~:"""""Ÿâ) I U ¡ ¡ "7 z 0 ~ ~ ---..!:~~_.>,.~" "4 <'--- ~ II< ~ '7 z 0 ~ w '7 z 0 ~ a; ¡¡j CD g¡ ~ ~ w I I ~ 1; L1 ]\ l' ~¡"I u "" "-- , . . . ~ :¡ .... '" " ¡ ~ i " "' i:í.,¡ '"'"' ",°': :¡ ~~ !: ~~ IS ¡j¡; i '" ~ì: i 15 ~ ¡:; (]) 0 ~ <3. ::Hir- -zg '" o~ "'....'" ~ ~ð =!< - "",~ > ~~ !~:g~ i'I!!! i !¡!:¡ . .i,I;, I :HMI , ~hni I :bi'¡ IS] II i i lLL II I í il I - -- s~~v 1~~~ O:';~:;;~j =~j':::"~' ~-!~lj NVld 30VdS i ~ 0 ~ ~ Iii i I 5 l ----------- -.. --.-. -- ---- ------~--_._---- -- Ill'll '"' ~ ¡ii¡!' !!I.tt:tj Ii (9 !i @ ; z i :5 "- w u õ: '" z w "- 0 ~ ~. " h~ z ~ . ... " ~ ~ < ~ "z "< ...¡...¡ <ø. ;;J¡,;¡ ~~ ø.< ¡';¡z u... z< °" UQ:: .,': >\ \]: '\:: ~ 'Ii "'iWII8""~~::: ~\ .~~E:? .J!.-~i- 3 ."":':.:::: ~ -001 ""IBJ3OSSV '1f)¡J I II . bi ~: 'I' . I. i hSi. ,...~¡! ,)!r'il~, ! i¡!II'~. H!!¡II. ~!;O!'\~:II~I~. !,I~ ,i !. ~,+::J¡~JI , I-I" ,- ~ ~"I' I'mll ':\I!,:....I I :,.: I !yo ,e . I 'I !: II I-'¡'. ." I! I d!l: I. _I I, - ,- I I': ¡ . i §I:!I! r' t' :I' - ,." ,.. ,. .! I~!I!~ 08¿Z6 {~ j:¡;:jfM~ '1i~s~N~';i~ ~~.f::~ :1 ",';)' ~l , , , , , , , , " , , , " " , , , '" , , , , , , , , , , , , , , , , , , , , , " , , , , , . . . . , , , , , , , , , , , , , , , , , , , '"' " , " , , . , , , , , '" , , " , " , ,I, , , , , , , , , , , , , . , , , , , , , , , , , , , , , , '\' , , , , , , , , . , , . . , , .. , , . , , . ., , . . " . . , , , . , , . . , , . . , , . . , , , . , , : : : :1 . . , ,', . . , , . . , , . . , , . . , , . ." , , . . , , . . , , . . , , , , , , , , . . , , . . , , . . , , . . " . . , , . . , , . . , , . ., , . . , , . . , , . . , , . . , , . . , , . . , , , . , , , . , , , . . , . . . . ,." "",_15 ;~"{;'t. 1'~~~Yå)IU Nolmnowo ONV ""d O"'-""OlOHd S3~Vl1O:J - flilsm I I" I' . . " , , . ! I ! I , . i ¡ i ,I ,I ¡,II ¡ dl II ,ill,"1 ! I ! II H¡ II! Ii ! Iß ,II q'll ¡ ~ ,!,;! ,¡m ,!!h ¡¡ I" .10' 'J œ 0 1; , " , II! " ! . . !!~ ¡let , , . , , , , , , , , , , , , , , , ,1, , , .. : : Ii . . . . . . . . . . . . . , , , , : , , , , , , , , : , , , , , , , , , , , . . . . . . . . . . . '" . . . . . '" '" . . . '" . . . . . . . . . . . '" . . . '" '" . . . .1 . . . . . . . . . . . . . . . . '" . . . . . . . . . . . . . . . , . . .. . . '" '" . . . , . . , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ", , , , , , , , , , , , , , , , '"' , , , , , , . . . . , , , , , , , , , , , , , , , ,\ , , , , , , , , , , , , , , . . , , , , , . . , , . . . . . , , , . , . . . . . , , , ,. . , , , . , " , , , , . , . . , , , . , , . . . , , , , , . , , . , , , , , , . . , , , . , , " , .. , . , . . . . !~! II! ¡!¡Ifni pI! 'Ie IIi., ,iiI. . I" .. If I !Iil Uti lil.I!,11 I! ¡Iii¡ ii,! in! ¡II!! 00 G7 '!I,. ' : ,!¡- ~f!'i L !¡I: !'; 1- _I :': '.. 'n "" 'f 1'1 I. II. I!i! ,(Ii il¡ii ,I ¡ ~ 'I!! Iii I i~¡ II'I! 1M: ¡'I¡fl," II'; II,l! I:!I . "¡iI I 'I¡.. . I, . Ii ¡i'"u! l'iS 'm ¡I¡',II 'ii II, ¡¡Ii I", 1.lId, ..1,1. L 1" 100 ~ 0 0 !I¡ :,,¡I,! II'I!!! I!I!II 1,lili l!ôI' 1'lij!1 IMIU - í ' . I i I: Iln lUll 0 ! II IE I ! , III I ! i! i , It, ) I;. , <>1 I J, i í :r!d ~" if?) z ;¡ c. '" c. ., u if¡ Z ;¡ >< 0: ., Z S! i ¡;j i ¡¡; ~..; o:U '" o:i ~ ~¡;¡ ¡: ð~ 18 ¡j~ j r4 ~,.. í ¡: ~~ CD) ;; f;¡, ¡j, ",,0: "" Q" "zg UJ o~ "'...'" ~ ~ð :I:!õ.¿ g¡ §¡¡ :> ¡'j !~ ~~ ~m!: ~Iq;i ~Ii:¡! 1 i ~'.I'¡ I ¡;¡:¡ 0" ., m~ \ ,- r-. 8 "i I'! <0' ., '"': ~ i:! 9 o~<¡!" ~~hl' ()~j « -':! a::: '~ìil I- 6 ¡Ii w~ 1" ~. .11 ~ z W II- -- 1<9 :i, ~ 'Ii: ~,-i: - w ~ > i: \Ii '\ i, I:, !~i 81 ~'n .,""'^, """'G mil ..-- -...... - ,- ---. IL p ':>NI 'S31 VI:>OSSV 193 mrOMd WnlNIWOONO~ liNn ~6 06£91 'ON 1)'9'~1 3^11V'lN31 9N11S3^ de ¡ ¡ ____L' ~.- -- \..C";'; f - . \, M.6I,reDis ij'\ .t.J¡!J;jl¡¡islri'ioiJH;.¡J-~ji)ê¡;~~~~~n\'_'_\-' - ,-I. -------_......2...::.3:------ - __...l_~--- ~ ~ ~ ,ï¡ ! ..~ ~ I¡II Ig I ~n~ I!~. ~ I!!:~~! Ii ~ i!!il ~~ ! ~ ~; ~~.;!! I~ ~ ~, .1 !i~ ~~~¡;!I ~i ~5J!I!'ii~ul! w ~ I" i Iii!!, 1I,ø;, ,I ~. .11 ~ «' ¡O8U'6 y~ NUSn.L '7Y31l ON/fin 731lÞI ) ~ " i - ~ ,LJ,.rrÆ-N NO1 3.LY.LS3 1V:tiJ iñ n-n "-",'co,s - " ~, z 'Ì\'\'M~'. ~ !, _jl___---.~e:ii_-,--~~- -,:~ :_~,::..._,--..-_.,J~---~!:ïr- :1;-- -¡t- ~f ';~~~ <9::" "O" ",' J~_-õl..a.--.il-_--"_L...~,~~:l\ I Z¡;--¡¡ì!I!.I! .~.I!,!.f' i i;!!!I!I!.I~'.\{~""~ ::;i¡ ¡::iiii'II:"~ "'ifl-''!!I~! iC1~' .' '1'" ¡:¡,u æ::::":¡"..,, .f'""" :~i;-;~./.-\- ~ .,,'1' > Ii i i ~---¡¡¡$ ;;¡¡;~"n~ ^, \... I' '" ~ 1\ '!¡',: : I: rt: I 'e t::::' '"n=> : .. è, .) u"'",,\~ 'rilE i: it i ! '- I" n r I l""~\ :j~,;~ :~" ii¡.......g..I1. 1rl!~~..W: !.I'----~iJ!..I\\ ,\'Slmii ¡,il"'.:"'" '.:"~""~ i II ~l"I"""~\ .\~ ¡'::!!I!I! 1!11111!,: !,I,---...I, '~'\'\'\\\\ I, " '" .u' '1-""\ ' !¡:-ii--::: ¡i::,: '111!---~I!~ ~,'~~I'>-.J " li ]i' _---~L';;--¡;lle¡::,~~k5-~LT;~1;------r ;; ~. :&-".I!. ~ ,> ' ~," }, ~ '#ii I , " " , ,'ii,,' " ' I j' ilL I I! \ ~!<i:,: 111~llllrl~ ¡,!:I,,----.jl,~ I ~~!I¡: "".."", !i" :-,"',/-- "I ~ : IIi! ~ :1'f". n ~m'"' ,-=, ¡ ~ i'r~jLD ~r~~:~~=<:: <:---- 1=: " ':~:'~I !II! ~~ ¡ _:;1, JL.-,!t lk:--Q~i-. - t:1~-'- - '-.-~!~_~=-m__--___-- "'~I\I~I .: ¡ ~~,\' lI!....,' -.- ""'11 " §~ i -~1¡->- ~--~- _--_m-- - - ;---¡ - - - ,---,-- ~---- ,~:' \~' i! ' ~~ ¡ ~!I~ J~ ,g ,!¡ ,!¡ U.I .!¡ JU"i ¡II: ,!I ,~ .11 .!I. I ,~\I ~~I'~~~\ !!; ~~~¡ ii 1!111!1!1!11!1!\II~¡¡t!~I!I!I" [I!..:'~\~." \~..i?>lil ""~i it .t_,--l.:---l~~,_L,____L____,_--L,mL;:_______~_l~_-t_J:,---¡--,:;t.-_¡_:;-.m---~'\~1¡' '~\\'\\\ ~\~ II '!Iil! : ::.::"""'¡"-""II<JI."Þ¡:.,:~:.:.~u"'3"irJ.¡"-i \~I\I\ ~"'\ì\"I'I" ""-:i " : ~ ' ,- ..' I', i . !! ~ ì!1!~1!. ,I!,I!;{' i~i'i~,I!.r!fj1%\,\,,¡\ ~\ ~\!.ij! :' ' , "" : , I' -" '" I ~'_-1' - \'1' \ I I'" ,: ,!;!; !i!i !;!.!, I I::¡ " " "D;::¡\ 1-\11 ',J I 1::'11 it. rt::..'.. 'I :,. =1'1 if :: ,- i ~ .'I-l:_'li 1'-::::1". - ~\ ~ ¡IV .~" lii!!¡i ,; ii"lll II '! II ii~!.~II~I' ~\~. \"\\"\ ;I,!:1.,1I,!, .."f",. i:"""""'" " ,""". !il!~I!I!I¡I!I!I!~ ii!I!I!~'!,~ t.~ 1\\\.1 ii ~ : ",: r :: r" i ~¡- ¡: -: I' 1\ ", " .." , , ,., " '0"'.," ",', ,~. . " !, . --' ~I ~,I~;I;I!lil!I'II!I!I!II!I!I!:.I!.I!l!lfilfl ¿:"" I\i;r--V\, j; '¡Ii ',I '" 'I' "!:Q '!;i'!; '~,i'!¡ '!¡U.!'~ '¡i_,'¡¡ ',; .!~ !~,¿,}\ A~¡'~\_. \I\¡ I "~, CO"" ':c:,,: ,=":c,,L::::,,'~,,\!f;¡51ii~gm'7ÕÕHjfw;jjÁ%;~~i~~~~:::=::o: . "'co"""" l\': ,<:: ~ ~ L P "'""" ¡"oj .oj "'90"" ("oj 1'1 OL906""'""5""'"' ,,""n',"~'~OO."'LI ':>NI'S31VI:>OSSV 193 @ ¡~ YJ NO"'."... '1'rt3~ ONIW'rtJ 13 19~1 D3rO~d WOINIWOONOJ liNn ~6 06l91 'ON D'rt~l 3^ll'rtlN3l 9NIlS3^ ~ . ~" ~~ "ON fc"i"¡':' ~ ! ~ 1 Ie s . Ii ~I h~ i~ ¡liI,i! L I, ¡~ . ..... : III:: Mil .... hi! I; ,~m III :I¡'oo ;¡;¡;;¡¡;;i",¡ ,,=:,.,:~.:~=;;;;: ~uI "'¡8POS'Y 'IÐ¡( '" -... ~ ~ ~ø ~J ;... '0", " ~ t: ~> ,.;¡ ¡: 11 el¡ Ii ;:¡ i- "" I- ,.;¡ :! ¡!Iil ¡Ii <: "I¡!!!' ;:¡ I I' !,!l1 ,i ~~ !'!'I ¡:OO Ii II Q., ~ I '; '.', II ¡.¡ ~ I I, !:':i! I ~ ~ I II 1m!!! I~J I!;¡ 0 u ø hi! . ' \~~~ § uhf! :1>00' Ii'- 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. II. The Planning Commission finds and determines as follows: A. That Vesting Tentative Tract Map 16790 and Design Review 04-025 is considered a "Project" pursuant to the terms of the Califomia 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. &2~k-d /.~ 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. &: 7Z;~ ;'~J~;~<k 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 EJ 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 condominiwn subdivision, and construct ninety- three (93) attached condominiwn housing units on an approximately 4.99 acre site. Project Proponent: The Nevis Tustin, LLC., 650 W. Huntington Drive # 201, Arcadia, CA 91007 , , 'II Lead Agency Contact Person: Justma WI kom 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: D [8J 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 Communi1y 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 review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 12:00 NOON ON FEBRUARY ä-°5 Date January 25. 2005 toM..~.i: Elizabeth A. Binsack Community Development Director COM~TYDEVELOPMENTDEPARTMENT 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: Tus1in 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 a "Potentially Significant Impact" as indicated by the checklist in Section D below. OLand Use and Planning OPopulation and Housing OGeologicai Problems OWater OHazards []Noise OPublic Services OUtilities and Service Systems OAesthetics OCultural Resources ORecreation DMandatory Findings of Significance OAir Quality OTransportation & Circulation DBiologicai Resources OEnergy and Mineral Resources C. DETERMINATION: On the basis of this initial evaluation: 0 I fmd that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ~ 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 IMP ACT REPORT is required. 0 I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect I) 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 tha1 earlier ErR, including revisions or mitigation measures that are imposed upon the proposed project. 0 I find that although the proposed project could have a significan1 effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects I) have been analyzed adequately in an earlier NEGATIVE DECLARATION 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 Willkom /~, -- ~~.d-L Á I:;:~ E~beth A. Binsack, Community Development Director Title Associate Planner Date Januarv 25. 2005 D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions I) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the infonnation sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced infonnation 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 detennined 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 detennination 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 EIR or negative declaration. Section 15063 (c) (3XD). In this case, a brief discussion should identifY the following: a) Earlier Analysis Used. Identif'y 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 infonnation 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 Infonnation 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 fonD, and lead agencies are free to use different fonnats; however, lead agencies nonnally address the questions from this checklist that are relevant to a project's environmental effects in whatever fonnat 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. AESTIIETICS - Would the project: Impact Incorporation Impact No Impact a) Have a substantia! adverse effect on a scenic vista? 0 0 0 r8J b) Substantially damage scenic resources, including, but not limited to, trees, rock outcropping;, and historic buildings within a state scenic highway? 0 0 0 t8J c) Substantially degrade the existing visual character or quality of the site and its surroundings? 0 D t8J 0 d) Create a new soUrce of substantial light or glare, which would adversely affect day or nighttime views in the area? 0 t8J 0 0 II. AGRICULTURE RESOURCES: In detennining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the CaJifomia 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 fanoland. Would the project: a) Convert Prime Farmland, Unique Farmland, 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 D ~ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 0 0 0 t8J 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 t8J Ill. AIR OUALITY: 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 appJicable air quaJity plan? D 0 t8J 0 b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 0 0 t8J 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)? D D ~ D d) Expose sensitive receptors to substantial pollutant concentrations? 0 0 t8J 0 e) Create objectionable odors affecting a substantial number of people? 0 0 t8J 0 Le!iS Than Significant Potentially With Less Than Significant Mitigation Significant IV. BIOLOGICAL RESOURCES: - Would the project: 'mpact Incorporation. 'mpact No'mpact a) Have a substantial adverse effec~ 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 ~ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regionai plans, policies, regulations or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? 0 0 0 ~ c) Have a substantial adverse effect on federally protected wetlands as deemed by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological intClTuption, or other means? 0 0 0 ~ d) Interfere substantially with the movement of any native resident or migratory fISh or wildlife species or with estahlished native resident or migratory wildiife cotridors, or impede the use of native wildlife nursery sites? 0 0 0 ~ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 0 0 0 ~ 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 ~ 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 ~ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? 0 0 0 @ c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 0 0 0 t8J d) Disturb any human remains, including those interred outside offormal cemeteries? 0 0 0 ~ 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 ofa known fault? Refer to Division of Mines and Geology Special Publication 42. 0 0 0 I2j ii) Strong seismic ground shaking? 0 0 I2j 0 iii) Seismic-related ground failure, inclumng liquefaction? 0 0 I2j 0 iv) Landslides? 0 0 0 I2j b) Result in substantial soil erosion or the loss of topsoil? 0 0 0 I2j c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the projec~ and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefactioo or collapse? 0 0 0 I2j 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 ~ 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 I2j 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 I2j 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 ~ 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 0 I2j 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 resuJ~ would it create a significant hazard to the public or the environment? 0 0 0 I2j e) For a project located within an airport land use plan or, where such a plan has not heen adopted, williin 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 0 I2j 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 ~ . -...-...u 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? 0 0 0 ~ 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 intennixed with wildlands? 0 0 0 ~ VIII. HYDROLOGY AND WATER OUALlTY: - Would the project: a) Violate any water quality standards or waste discharge requirements? 0 0 ~ 0 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 pennits have been granted)? 0 0 ~ 0 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? 0 0 ~ 0 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the COUTse 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 stonnwater drainage systems or provide substantial additional sonrces of polluted runoff? 0 0 ~ 0 f) Otherwise substantially degrade water quality? 0 0 0 ~ g) Place housing within a 1O0-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 ~ h) Place within a 1O0-year flood hazard area structures which would impede or redirect flood flows? 0 0 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 l3J j) Inundation by seiche, tsunami, or mudflow? 0 0 0 ~ k) Potentially impact stonnwater runoff from construction activities? 0 0 ~ 0 Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact I) Potentially impact storm water runoff from post- cons1ruction activities? 0 0 0 0 m) Result in a potential for discharge of stann water 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 J2] 0 n) Result in a potential for discharge of stonnwater to affect the beneficial uses of the receiving waters? 0 0 J2] 0 0) Create the potential for significant changes in the flow velocity or volume of storm water runoff to cause environmental harm? 0 0 J2] 0 p) Create significant increases in erosion of the project site or surroWlding areas? 0 0 0 J2] IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established commWlity? 0 0 0 J2] b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction Over 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 J2] c) Conflict with any applicable habitat conserva1ion plan or natural commWlity conservation plan? 0 0 0 J2] X. MINERAL RESOURCES -- Would the project: a) Result in tbe 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 J2] b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local geneml plan, specific plan or other land use plan? 0 0 0 J2] 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 J2] 0 0 b) Exposure of persons to or genemtion of excessive groundbome vibration or groundbome noise levels? 0 0 J2] 0 n___u_m- .. Less Than Significant Poten/iolly 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 rillles 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 ¡g¡ 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 ¡g¡ 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 mdirectly (for example, through extension of roads or other infrastructure)? 0 0 0 ¡g¡ b) Displace substantial numbers of existing housing, necessitating the collBtruction of replacement housing elsewhere? 0 0 0 ¡g¡ 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 governmentaJ facilities, the collBtruction 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 ¡g¡ Police protection? 0 0 D ¡g¡ Schools? 0 0 D ¡g¡ Parks? 0 0 D ¡g¡ Other public facilities? 0 0 D ¡g¡ Less Than Significant Potentially With Less Than XIV. RECREA nON - Significant Mitigation Significant Impact Incorporation Impact Na 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? 0 0 0 (g¡ 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? 0 0 0 (g¡ XV. TRANSPORT A TIONrrRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of tbe street system (I.e. result in a substantial increase in eitber the number of vehicle trips, tbe volume to capacity ratio on roads, or congestion at intersections)? 0 0 ¡g¡ 0 b) Exceed, eitber individually or cumulatively, a level of service standard established by tbe county congestion management agency for designated roads or highways? 0 0 0 I8J 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 0 ¡g¡ d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., fann equipment)? 0 0 0 (g¡ e) Result in inadequate emergency access? 0 0 0 ¡g¡ f) Result in inadequate parking capacity? 0 0 0 ¡g¡ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? D 0 0 I8J XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 0 0 0 ¡g¡ 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 environmentai effects? 0 0 0 ¡g¡ c) Require or result in the construction of new stonn water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 0 0 0 ¡g¡ Less Than Significant Potentially With Less Than Significant Mitigation Significant I/1/pact 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 [8J 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 ø addition to the provider's existing commitments? f) Be served by a landfill with sufficient pennitted capacity 0 0 0 ø 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 ofCaJifomia lùstory 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 ~ effects of probable future projects)? c) Does the project have environmental effects, which will cause substantiaJ adverse effects on human beings, either 0 0 0 ø directly or indirectly? """"""""A"'--",--"",.""", 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, £1 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. I. 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 MeasuresIMonitoring 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, £1 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 VTIM 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 (\411.) feet from the rear property line. These setbacks are greater than the minimum required setbacks of fifteen (\5) 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 SÜmificant Impact with Mitigation Incoroorated 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 ammged 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 aITanged 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 VITM 16790 and DR 04-025 Page 3 3. AIR QUALITY Items a b. c. d & e - Less Than Sigmficant Impact: The project will temporarily increase the amount of short-tenD 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 envirolUIlental 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-tenD 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 MeasuresIMomtoring Required: None Required Sources: South Coast Air Quality Management District Rules & Regulations City ofTustin 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 MeasuresIMonitoring Required: None Required "'---""-'---'" "n.....,...... . "".m. NevIs Tn";n Nevis Tustin VITM 16790 and DR 04-025 Page 5 Items a-Í. a-iv. b. c. & e - No ImDact: 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 Unifonn Building Code Project Application Field Evaluation 7. HAZARDS & HAZARDOUS MATERIALS Items a throuirlI h - No Imoact: 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 detennined 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 Unifonn Building and Fire Codes. As such, the project is not anticipated to result in any significant hazards. Mitigation Measures/Monitoring Required: None Required. Sources: Unifonn Building and Fire Codes Submitted Plans Tustiri General Plan .-------..---.-. Nevis Tustin VTTM 16790 and DR 04-025 Page 6 8. HYDROLOGY&WATEROUALITY Items a. b. c. d. e. k. I. m. n & 0 - Less Than SÌlmificant 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 stonnwater runoff ttom construction and post-construction activities with stonnwater pollutants ttom the maintenance of landscape areas and the trash enclosures. There is also the potential for discharge of stonnwater to affect the beneficial uses of the receiving waters and changes in the flow velocity or volume of stonn water runoff. However, the project is required to comply with the City's Water Quality Ordinance and most recently adopted NPDES pennit (Santa Ana Regional Water Quality Control Board (RWQCB) Order R8-2002-0010), 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. 2. h. i. i and p - No Imoact: 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 stonnwater received on-site will percolate into the soil where landscaping is provided and remaining stonnwater will be conveyed through a fossil filter prior to entering a City stonndrain. City stromwater inttastructure is able to accommodate additional water ttom the project. The applicant must provide a drainage and hydrology report to the City and demonstrate that the private stonnwater 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- si1e. Any water that would leave the site would be filtered prior to entering a City stonn drain. Best Management Practices will also be implemented to ensure that, once the tract is constructed, wastewater will be filtered prior to entering the stonn 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 I DO-year flood hazard area (areas of I percent annual chance of flood) as mapped on a Flood Insurance Rate Map. Accordingly, the project will be .---....--..-.---... .-- - - ..-..-..--.----...-..-----.---.---.--.--_w_-.-..------.--.o-....- .. Nevis Tustin VTIM 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 IOO-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 of loss, injury, or death as a result of the failure of a levee or dam, or by inunda1ion 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: SubßÚtted 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 ßÚnerai 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 VITM 16790 and DR 04-025 Page 8 Mitigation MeasuresIMonitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan II. NOISE Item a - Less Than Significant with Mitigation Incorooration 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-I 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 I), which analyses potential noise impacts. Based upon the submitted acoustical analysis, the exterior ambient noise level at the project site is at 7I.l 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 of7I.l 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 MeasureslMonitoring 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" gyphoard 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 I if the Acoustical Analysis (Exhibit I) will be glazed with SIC 32 glazing. SIC 32 glazing can be provided with either 1/4" laminated glass or a dual pane assembly with a ¥2" 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 £-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 I) Tustin City Code Tustin General Plan Tustin Zoning Code Items b. c & d- Less Than Significant Imoact: 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 MeasureslMonitoring 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. --_00_0_"___.. . -.m--_n.o Nevis Tustin VITM 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 MeasuresIMonitoring 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 (I) 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 CUlTent residents to allow adequate time to find replacement housing. .. --.--------.--- . ----.. ".. Nevis Tustin VTIM 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 infÌ'astructure 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 MeasureslMonitoring Required: . Prior to issuance of a building pennit, 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. -~. ~.~---~._~--~-~..._-- ._--...~--_..~.~-_.--u_..~~~-.._.~-- Nevis Tustin VTTM 16790 and DR 04-025 Page 12 Sources: Submitted Plans Tustin City Code 15. TRANSPORTATIONffRAFFIC Item a - Less Than Sil/nificant: Item b - No ImDact: 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 0016 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. 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 EI Camino Real before and after school was also observed and was found to have little impact on the ability ofvehicles 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 MeasureslMonitoring Required: . The applicant shall re-stripe the existing paved median to provide a 75-foot left turn lane into the project. Nevis Tustin VITM 16790 and DR 04-025 Page 13 Items c. d. e. f & 11: - No Imoact: 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 Measures/Monitoring 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 & I! - No Imoact: 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 stonn drain systems and thus will not require construction of a new stann 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 1Ì'om existing resources will be available to serve the proposed project. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a. b & c - No Imoact: 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 nwnber 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 VTIM 16790 and DR 04-025 Page 14 prehistory. The project does not have the potential to achieve short-tenD environmental goals to the disadvantage of the long-tenD. 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,ICddIJUSTINA"""", p,.....g\Eny;""""mW\N,~. A""hmmt A.do< -...-...-......--.-. .._---..... Exhibit 1 Acoustical Analysis Received (MON)AUG 23 200411:58 Davy '" & Associates. Inc. Consultants in ACOUSfics 26J7 M.";'.IIIUI B..ch BI>d., lulu ~12 . R.dnndo B'.th, CA 90J78.1604 . Tel: 31IJ.643.5161 . FlU: JlIJ.643.,31S4 . EmIliHJ""Assoc@aoLCQ", JN2004-84 MR160 ACOUSTICAL ANALYSIS The Cottages Tustin, California FOR Nevis Homes, LLC Arcadia, California August, 2004 R.eceived (MON)AUG 23 2004 11:58 1.0 Introduction At the dìrection 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 significal1t sources of noise were noted during the site visit. Environmel1tal 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 mil1imum noise levels during the measurement period. A copy of the analysis of the acoustical data is attached to this report. Received (MON)AUG 23 200411:58 The data thus collected were analyzed to determine the CNEL level at the measurement location. The GNEL value was determined by measuring the equìvalent 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 S. Building Line 67.1 dB ~ 71.1 dB Section 3501.(c) ofthe State Building Code states the following: Worst-case noise levels either existing or Mure, 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. GAL 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 result in a 0.9 dB traffic noise increase. Therefore, the projected Mure year noise I~vel is summarized in Table 2. Table 2 Exterior 2014 CNEL Value at the Site in dB Location CNEL 72.0 dB S. Building Line 1 See, for example, "Insulation of Buildings Against Highway Noise," Bruce Davy and Steven Skale, Federal Highway Administration FHWA-TS-ì7-202. 2 KeceiYed (MUNJAUG 23 2004 12:00 3.4 3.5 3.6 With 1\n exterior noise level of CNEL 72.0, the buildings must provide an A-weighted noise reduction 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 aU south facing windows and glass doors, interior noise levels should not exceed CNEl45. Therefore, the Building will comply with the California Noise Insulation Standards as enforced by Tustin. SIC 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 t~t report should be prepared in an independent, accredited testing laboratory in accordance with ASTM E-90. 3.0 Construction Recommendations 3.1 Roof ceiling construction wlJl be roofing on 112" plywood. Batt insulation will be installed in joist spaces. The ceilings will be one layer of 5/6" gypboard nailed direct. 3.2 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 dqcumenting the STC 29 rating. The test report should be prepared in an independent,accredited testing laboratory in accordance with ASTM E-90. : 3.3 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 "---"'_n___.__..- . ---_'.._n- -.---.... Kecel led (MONIAUG 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 ullopenable 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. L. N..-y Bruce A. Davy, P.E. f.N.C.E. Board Certified Davy & Associates, Inc. 5 Rfceived (MON)AUG 23 2004 12:01 JN2004-84 MR160 PROJECT: LOCATION: TEST DATE: START TIME: END TIME: EQUIPMENT USED: TEMPERATURE: RELATIVE HUMIDITY: WIND: LEQ: 67.1 LMAX: 80.7 LMIN: 58.1 CNEL: 71.1 LDN: 71.1 SITE MONITORING NOISE ANALYSIS THE COTTAGES SOUTH BUILDING LINE AUGUST 18, 2004 4:00 P.M. 4:30 P.M. LD 820 SLM 112" RANDOM INCIDENCE MIC WINDSCREEN 8&K4230 CALIBRATOR TRIPOD WIND SPEED INDICATOR MICRONTA THERMOMETERIHYGROMETER 76., 55% 0-2 mph L90: 60.3 L50: 63.6 L25: 67.0 La: 69.9 L2: 72.1 L1: 73.1 DAVY & ASSOCIATES, INC. Consultan::s in J¡çoustics Exhibit 2 Traffic Study .. -_uu..--..--._u....--.-. .-. ... .. ..---. ..'... p,¡j8'J Katz, Okitsu & Associates 1Iii:!I!II"""~ T'.ffæ Eagi_on and T"...pø........ Plønaon Dr-C'lvr-r, ¡ "\ t: ,C. L t' December 2, 2004 .1M¡ 9 2004 17852 E. SeVenteenth St. Sultel02 Mr.ScottYang Tuson,CA Nevis Homes 92780-2142 714.573.0317 læc 714.S7a.9sa. COMMiJN!TV OEifUJ,',:: . 255 East Santa Clara Street, Suite 210 Arcadia, CA 91006 koaot"katzOkitsu.com Subject: WWW.katzokitsu.com Los Mgel.. a2a.2aO.470a la", a2a.2aO.47OS San Diego aI9.a8a.29aa 18X:619.683.7982 San 8em".'no 909.890.9a9a fax, 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 El Camino Real north of Redhill Avenue and consists of 93 town homes on a 52-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, ~~k~ ......... Rock Miller, P.E. Principal I"'"", TVST1NVA4708 R,dhi".E/CðMi""'pon'TU.E/Cami.,"ni-Tm/lic S'"dy g'"",d.d. .Katz, Okitsu & Associates TmlTii 'n,"""" Jnd r,"'.<p'n.'~" P~,"m 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 EI 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 El Camino Real. EXISTING CONDITIONS EI 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 EI 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. AIl or 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. P,cpara! for Nevis Homes Limited Traffic Study for a R"ide~rial Prof'" in the Ciryo(TuStin December 2004 ' '---'--0__.__- .. ------.--.--.. --~------'-------_n_--o__n__--_--_---_oo -'--un----- WM.inSI. E Main Sl N t .. Katz, Okitsu & Associates Residential Project City ofTustin iiI!!II""'" T"ffi' E.g,""".ad T,..,pa."'" PU"",,, Figurë1 Project Location ------------------ _.. ;lanHm; .".~-/iii;'.)-;~ - ,', .:-:¡ 1t'¡~~:êL:':~' I§ll E~J~:~J:~J~~ .. _Katz, Okitsu. - & Associates Residential Project City of Tustin iii'I!!I""""" r"tr"E'gi",~ "d rr""""dI'" PI",m N t Figure 2 S~e Plan _Katz, Okitsu & Associates r"mc E"h"'" ."J r""'I.""~' PI""", 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, 7'h 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. Prepaced fo, N,,'is Homes Limited Tcaffic Study for a Resid"'tial Pcojecr i" thc Cily of Tu";,, December 2004 4 ". .Katz, Okitsu & Associates T"fIi'E"<""~'a"'T""'<I.""""PImm Land Use Measure Daily AM Peak Hour PM Peak Hour Total In Out Total I In Out ." Trip Generation Rates Low-Rise Residential Condominiurn!T ownhouse DU 8.00 0.67 0.17 0.50 0.78 0.45 0.33 TECode231 Low-Rise Apartment DU 6.59 0.46 0.10 0.36 0.58 0.38 0.20 TECode221 '.. Vehicle Trips '. .. Existing Active Use (Trip Credits) 65DU 428 30 6 24 38 25 13 ¡I..ow-Rise Apartment rrE Code 221 roposed Use Low-Rise Residential 93DU 744 62 16 46 73 42 31 ondomirùurn!T ownhouse TE 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 N,vis Homes Limitui Traffic StUdy for a ResidOltial Prof'" in the City of TuStin [)",mb" 2004 ._Katz, Okitsu & Associates T"If;, E',.."" ""d T..",.".".. PI""" 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 El 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 EJ 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 EJ Camino Real seemed to have more of an impact on traffic along El 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 EJ Camino Real. On-site Circulation &; Access The project is proposed to access EJ 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. PreparCl! fo,' Nevis Homes LimÜCI! Traffic STUd)' for a Reside..ia! ProteCt in the Ot)' o(Tu"in December 2004 " _Katz, Okitsu & Associates iiII"'"" "nff" '".'ii""" "nJ T""'I~"..k" Plmm 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 El Camino Real. The storage requirement for the gate is calculated using queuing theory fonnulas 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 be more than two vehicles. A storage requirement 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 AnivaIs 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% Prepared for Nevis Hom" Limited Traffic Studv for a Residential Projw in Ihe Citv of TuStin December 2004 ---------..-..-.--..---.-.-- --. _Katz, Okitsu & Associates rmf«, E.W""""'¿ r"",I"""'."P¡"""" Traffic conditions should be adequate with stop sign control and the exits provide adequat~ width for one oùtbound and two inbound lanes, including room for guests to park while securing entry without interfering with entering residents. As stated earlier in this report, 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 EI Camino Real. The proposed project replaces 65 existing apartment~ 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 EI 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, incJuding 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 Limired Traffic Stud. for 0 Residential Prof'" i" ,he OryofT"sri" Decembec 2004 .. _Katz, Okitsu & Associates Twlf" E'."""" .,,¿ T,.";",,,.i~, Plm", Appendix Prepared for N,vis Homes Limi"d Traffic Stud}' for a Resid""ial Prof'" in the City of TuStin December 2004 'l"> f;o ft r t . 2003 Edition J: 600 II.. > :r: 500 ~ !;:¡~ 400 wlI.. a:Q. ~< 300 a:W o~ ~--' 200 ~~ ffi 100 J: CJ ;¡: E I COwl"'" f(U>Ì .. ï /.¡( {o.lt'Î(ô Figure 4C-3, Warrant 3, Peak Hour NEB ~ 500 600 ~ 600 ~ ~1a1~=1~150016001~- MAJOR STREET-TOTAL OF BOTH APPROACHES- VEHICLES PER HOUR (VPH) "Note: 150 vph applies as the lower threshold volume for a minor-street approach w~h two or more lanes and 100 vph applies as the lower threshold volume for a minor-straet approach with one lane. Page 4C-7 '150 "100. -'I' Figure 4C-4. Warrant 3, Peak Hour (70% Factor) (COMMUNITY LESS THAN 1Q,OOO POPULATION OR ABOVE 70 kmIh OR ABOVE 40 mph ON MAJOR STREET) J: II.. > {5 400 !;:¡ð ~t 300 Iñ< o:W ~~ 200 ---' ~~ à: 100 W J: CJ ;¡: Novemb« 2003 '100 "75 1.f6 300 400 500 600 700 ~ 900 1000 11 00 1200 1300 MAJOR STREET-TOTAL OF 80TH APPROACHES- VEHICLES PER HOUR (VPH) "Note: 100 vph applies as the lower threshold volume for a minor-street approach w~h two or more lanes and 75 vph applies as the lower threshold volume tor e minor-street approach with one lane. -__n.... -. Sect. 4C.06 ATTACHMENT 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. G. 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," 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; 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 (CEQA) 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," 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 00'" 14" d", of F.""",~. 2005. . -~ ~SEN Chairperson &~-/4~~~¿Ð¿#£ , ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that 1 am the Planning Commission Secretary of the Planning Commission of the City of Tustin, Califomia; 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. ~.41L ,;(?~~/-: EL BETH A. BIÑSACK 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 appiicable 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 CODEtS DESIGN REVIEW EXCEPTION (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PClCC POLICY Exhibit A Vesting Tentative Tract Map 16790-Conditions of Approval Resolution No. 3963 Page 2 (1 ) (1) FINAL MAP (1) 1.6 (1 ) 1.7 1.4 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. 1.5 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. Conditions & Restrictions lCC&Rs) (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 B. C. D. 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. 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. 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 Exhibit" 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 8y" inch by 11 inch dimensioned site plan for each unit that is allocated private open space. The approved "Parking and Circulation Exhibit" 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 Exhibit" 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 F. 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 Exhibit" and separate 8y" inch by 11 inch dimensioned site plan for each unit that is allocated private open space within the common area. A notice explaining and providing a copy of the approved "Parking and Circulation Exhibif' 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 ) (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. 3.2 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 8 112 inch by 11 inch transparency of each map sheet prior to final map approval and "as builf' 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 ) (1) 3.6 (1) 3.7 (1) 3.8 FEES (1 ) 4.1 3.5 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 reèordation 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 "DWG" format (Le., 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 builf conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as builf' 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 ) (2) 4.3 4.2 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 tt:1e 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) .-.--. -.------ -.-.._-- ~.__.._._. .-."._"__n_._....--.-.w_-- .-.....--..-.-...-- n-----. .---. -- - -. --. - RESOLUTION NO. 3964 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 04~25, 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 detemnines 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," recorded in Book 5, Page 7 of Miscellaneous Records of Los Angeles County, Califomia. 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 hamnonious 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. Setbacks and site planning. The site complies with the development standards for R-3 district related to multiple family dwellings. 3. 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. 4. Type and pitch of roofs. A variety of roof design and pitches are utilized to enhance visual interest. 5. Size and spacing of windows, doors, and other openings. Split windows, shutters, and wood trimming are utilized to compliment the Eclectic Spanish design. 6. Towers, chimneys, and roof structures. No chimney is proposed and no roof equipment shall be permitted. 7. 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 24" 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. 8. Location, height, and standards of exterior illumination. The project will provide exterior illumination consistent with the Eclectic Spanish architectural design. 9. Location and appearance of equipment located outside an enclosed structure. The project, as conditioned, will not have visible exterior equipment. 10. Location and method of refuse storage. The project has been designed to include a refuse storage area with appropriate truck tuming radius. 11. Physical relationship of proposed structures to existing structures in the neighborhood. The project supports other structures and uses in the neighborhood in that the shopping center and other Resolution No. 3964 DR 04-025 Page 3 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 Califomia 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 """"'og on ... 14" doy of Fe""'"". 2005. ~' n JO N NIELS~~ Chairperson aJ~d~ 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. ~k~~¿ IZABETH A. BINSACK Planning Commission Secretary ~-- --- - -~----- (1 ) (1) (1) GENERAL (1 ) 1.1 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. (1) 1.2 SOURCE CODES (1) (2) (3) ~l 1.3 1.4 1.5 STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) f~l RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval Resolution No. 3964 DR 04-025 Page No.2 (1 ) (1 ) 1.7 Site Plan (7) (1 ) 1.8 1.9 (1 ) 1.6 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, conceming 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 Exhibit" 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. Elevation Plan 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. (1 ) Exhibit A - Conditions of Approval Resolution No. 3964 DR 04-025 Page No.3 (1 ) 1.12 No rooftop equipment shall be permitted. All other outdoor equipments shall be screened from public view. landscape/lrriaatlon 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. 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. e. 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) 24" 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 24" box trees or larger. d. Shrubs shall be a minimum of SiJalion 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." 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 Resofution No. 3964 DR 04-025 Page No.5 (2) . Roof ceiling construction will be roofing on }Ii' plywood. Batt insulation will be installed in joist spaces. The ceilings will be one layer of 5/8" gypboard 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 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 Yz" 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) 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 Manual" and .Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989, or as subsequently amended. Said plans shall include, but not be limited to, the following: H. --- --- ~ A. B. Curbs and gutters on all streets; Sidewalks on all s¡reets, 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/stonn drain laterals/connections to the public stonn 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. "-- -- - - --- - ---- 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 Phaslna (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 AS101 (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. Exhib~ A - Cond~ions of Approval Resolution No. 3964 DR 04-025 Page No.8 Building 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 Califomia Plumbing Codes (CPC), 2001 California Electrical Code (CEC), Califomia 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 "B" 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 studý 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 Califomia Building Code (Section 310.11). All new glass doors and windows, in or adjacent to doors, shall be tempered per 2001 Califomia Building Code Section 2406.4. All buildings shall be equipped with an automatic fire sprinkler system per Section 8103 OJ 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 "R" values shall be in accordance with applicable City of Tustin standards. (3) (3) (3) (3) (3) ----- -- Exhibit A - Conditions of Approval Resolution No. 3964 DR 04-025 Page No. 10 . 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. 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) (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. 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. (1) 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 (1 ) (1 ) 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 applicant/owner 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. Enalneerina (1 ) (1) 3.2 (5) 3.3 (1) 3.4 (1) 3.5 -- --- 3.1 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 (1 ) (1 ) 3.7 (1 ) 3.8 (1 ) 3.9 1 ) 3.6 a. b. c. 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: Final street elevations at key locations; 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, 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 pennission shall be obtained from property owners for any works on adjacent properties. (1 ) (1 ) (5) Exhibit A - Conditions of Approval Resolution No. 3964 DR 04-025 Page No. 14 (1 ) 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 (CADD) 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 "DWG" 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 built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as builf' 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. Oranae County Fire Authority (1 ) (1 ) 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 (1 ) 4.2 (1) 4.3 (1 ) 4.4 (1 ) 4.5 (1 ) 4.6 FEES (1 ) 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 OÇFA 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,'C<"\F'CRESOS~'" I-I."" -~- 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 multifamiJy 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. --- ATTACHMENT C Vesting Tentative Tract Map 16790 I~I~W ~ 91 I'"' "'"~V ""'"IS ¡¡BlI ..-- -.".... .-..-. mrO~d WnlNIWOONOJ liNn £6 06L91 'ON 1J\1~1 3m\11N31 9NllS3^ ~~ . r-- § ¡Ii CD ~ ':1 """~h o~.¡!1 z~§'li I- "~¡'I u ~'~~I «"~'~~ a:: 00 I- g" w~ >. I~ II- Iz ¡w I~ z' ¡::"" (f) "'C W > 54013"'"0 _. ~-~..._--- - --~,-,.._u_. m.~... ~ .' , i :¡' i I !i, ¡ ¡I, ¡i" itz' ¡I I" ,I ~:;::; 'I~ IL.,.., :~. "" "'.'" vi :~ ..,.., I ~'" i Q~ : "", II ~~ : o,v i: Co¡ 'I ~ , C> Ii ¡:; : " , ;;; ;j ::; .., """ 'I ~m co,- ~~~~ f::& ~~i ~~ ~ ~~ . . 1 5"",'52"0 U-Il<liI.L lilÙ!.L ESTATE 1431 EL CAMINO REAL, < m (j) -I Z G) -I m -1i., ~ ¡ » -I ,< ~m Q .'1 -I -,,~~ ;;0 I..:~~ » 1.~j1 0 !¡~§ -I i.¡~~ z il. ~ 0 II! ~:.... liì ~ ~ . ~ CD '1O >-3 [1:1 'I ¡I ~ NI q "~!1 ~ ----- EGL ASSOCIATES, INC. ~i VESTiNG TENTATIVE TRACT NO, i6790 93 UNIT CONDOMINIUM PROJECT 1361 EL CAMINO REAL, TIIOm,C^ 11823 ","'" A~,"" U,it 18 s""r.s,d""CA90670 T,' (562) 945-0689. '0< (562) 945-0.154 ATTACHMENT 0 City Council Resolution No. 05-44 RESOLUTION NO. 05-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AS ADEQUATE FOR VESTING TENTATIVE TRACT MAP 16790, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. F. II. The City Council finds and determines as follows: A. That Vesting Tentative Tract Map 16790 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. Prior to approving of the Project, the City Council evaluated the proposed Negative Declaration and determined that with incorporation of the mitigation measures, the project would not have a significant effect on the environment. D. That the negative declaration was advertised for public review for 20 days in compliance with Section 15105 of CEQA. E. That at a regularly scheduled meeting on February 14, 2005, the Planning Commission recommended that the City Council approve the Mitigated Negative Declaration for the purpose of approving Vesting Tentative Tract 16790. The City Council of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject draft Initial Study/Negative Declaration at the March 7, 2005, meeting. A Draft Mitigated Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and State guidelines. The City Council has received and considered the information contained in the Negative Declaration prior to recommending approval of the proposed Project and finds 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 City Council finds that although the proposed project could have impacts, there Resolution No. 05-44 Page 2 will not be a significant effect because mitigation measures identified in the Negative Declaration have been incorporated into the project as conditions of approval which mitigate any potential significant effects to a point where clearly no significant effect would occur. In addition, the City Council 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 Game Code. The City Council hereby adopts the Final Mitigated Negative Declaration for the purpose of approving Vesting Tentative Tract Map 16790. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the yth day of March, 2005. LOU BONE MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 05-44 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the yth day of March, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK 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 El 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 ofthat study hereby finds: 0 ~ 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 1wen1y (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 12:00 NOON ON FEBRUARY ä-°S 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 ofTustin 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: 0 0 0 0 Orange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other 0 0 0 City ofIrvine 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 Ii "Potentially Significant Impac1" as indicated by the checklist in Section D below. OLand Use and Planning OPopulation and Housing OGeological Problems 0 Water OHazards ONoise OPublic Services OUtilities and Service Systems OAesthetics OCultural Resources ORecreation OMandatory Findings of Significance OAir Quality OTransportation & Circulation OBiological Resources OEnergy 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. ¡g¡ 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 tha1 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 effec1 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 DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to 1hat earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: Justina Willkom .'---" ---.. ;" //, . / d. / -,?,..J . .., / ¿. /U P""..#.:<¿ A k-::)r~ ElIzabeth A. Binsack, Community Development Director Title Associate Planner Date Januarv 25. 2005 7) 8) 9) D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions I) A brief explanation is required for all answers except "No Impact" answers 1hat 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 accOlmt 1he 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 EIR or negative declaration. Section 15063 (c) (3)(0). 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. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 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. 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 ~ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 0 0 0 ~ c) Substantially degrade the existing visual character or quality of the site and its sulToundings? 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 ~ 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 farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Fannland), 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 ~ III. AIR OUALITY: 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 ~ 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 ø 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 tbe project: impact Incorporation Impact No Impact a) Have a substantial adverse effect, either directly or through babitat 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 ~ 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 ~ c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 ofthe 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 ~ 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? 0 0 0 ~ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 0 0 0 ~ 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 ~ V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? 0 0 0 ~ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? 0 0 0 ~ c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 0 0 0 ~ d) Disturb any human remains, including those interred outside offonnal cemeteries? 0 0 0 ~ 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 [8J ii) Strong seismic ground shaking? 0 0 [8J 0 iii) Seismic-related ground failure, including liquefaction? 0 0 [8J 0 iv) Landslides? 0 0 0 [8J b) Result in substantial soil erosion or tlle loss of topsoil? 0 0 0 [8J 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 [8J d) Be located on expansive soil, as defined in Table 18-1-B of the Unifoill1 Building Code (2001), creating substantial risks to life or property? 0 0 ¡g¡ 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 [8J 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 [8J 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 [8J 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 0 [8J 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 0 [8J 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 0 [8J f) For a project wÜhin 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 [8J 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? 0 0 0 ~ 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 intennixed with wildlands? 0 0 0 ~ VIII. HYDROLOGY ANDWATEROUALITY: -Would the project: a) Violate any water quality standards or waste discharge requirements? 0 0 [2J 0 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volwne or a lowering of the local groundwater table level (e.g., the production rate,ofpre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which pennits have been granted)? 0 0 [2J 0 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? 0 0 [2J 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 amouut of surface runoff in a manner, which would result in flooding on- or off-site? 0 0 [2J 0 e) Create or contribute runoff water which would exceed the capacity of existing or planned stonnwater drainage systems or provide substantial additional sources of polluted runoff? 0 0 [2J 0 f) Otherwise substantially degrade water quality? 0 0 0 ~ g) Place housing within a I OO-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 ~ h) Place within a I OO-year flood hazard area structures which would impede or redirect flood flows? 0 0 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 ~ j) Inundation by seiche, tsunami, or mudflow? 0 0 0 ~ k) Potentially impact stormwater runoff from construction activities? 0 0 ~ 0 Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact I) Potentially impact stonnwater runoff fÌom post- construction activities? 0 0 ¡g] 0 m) Result in a potential for di""'harge of stonnwater 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 ¡g] 0 n) Result in a potential for discharge of stormwater to affect the beneficial uses of the receiving waters? 0 0 ¡g] 0 0) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? 0 0 ¡g] 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 ¡g] 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 ¡g] 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 ¡g] 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 ¡g] 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 ¡g] 0 0 b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? 0 0 I8J 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 [2J 0 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 0 0 [2J 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 [2J 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 [2J 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 [2J b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 0 0 0 [2J c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 0 0 [2] 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 [2J Police protection? 0 0 0 [2J Schools? 0 0 0 [2J Parks? 0 0 0 [2J Other public facilities? 0 0 0 [2J Less Than Significant Potentially With Less Than XIV. RECREATION - Significant Mitigation Significant Impact Incorporation Imp(1ct 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? 0 0 0 [3J 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? 0 0 0 [3J XV. TRANSPORT A TIONITRAFFIC - 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 [3J 0 b) Exceed, either individuaUy or cwnulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 0 0 0 [3J 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 0 [3J d) SubstantiaUy increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 0 0 0 [3J e) Result in inadequate emergency access? 0 0 0 [3J f) Result in inadequate parking capacity? 0 0 0 [3J g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 0 0 0 [3J XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 0 0 0 [3J 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 0 0 [3J 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 environmenta1 effects? 0 0 0 [3J 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 ~ 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 ~ addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity 0 0 0 ~ to accommodate tlle 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 ofthe major periods of Cali fomi a 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 wheu viewed in connection with the effects of past projects, the effects of other current projects, and the 0 0 0 ~ 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? """"'U"T,"A<"~m","ru"""';rom..",<N~;,;";,;.","'""" 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, 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. 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 of25 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 t01aling 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 MeasureslMonitoring 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, EI 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 DR04-025 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 (l4Y:.) feet from the rear property line. These setbacks are greater than the minimum required setbacks of fifteen (IS) 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 1he 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 MeasureslMonitoring 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 MeasureslMonitoring 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 OUALITY 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 1hresholds 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 MeasureslMonitoring 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 MeasureslMonitoring 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 MeasureslMonitoring Required: None Required Sources: Submitted Plans Tustin Zoning Code Tustin City Code Tustin General Plan 6. GEOLOGY & SOILS Items a-ii. a-iii. & 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 pennit issuance per the 2001 Unifonn 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 Unifonn Building Code related to Chapter 18. Mitigation MeasureslMonitoring Required: None Required Sources: Tustin General Plan Tustin City Code 2001 Unifonn Building Code Project Application Field Evaluation Nevis Tustin VTTM 16790 and DR 04-025 Page 5 Items a-L 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 200 I Unifonn 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 detennined 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 Unifonn Building and Fire Codes. As such, the project is not anticipated to result in any significant hazards. Mitigation MeasureslMonitoring Required: None Required. Sources: Unifonn Building and Fire Codes Submitted Plans Tustin General Plan Nevis Tustin VTTM 16790 and DR 04-025 Page 6 8. HYDROLOGY & WATER OUALITY 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 R8-2002-0010), 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 Tus1in 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- si1e. 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 laO-year flood hazard area (areas of I percent annual chance of flood) as mapped on a Flood Insurance Rate Map. Accordingly, the project will be Nevis Tustin VTIM 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 1O0-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 of loss, 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 MeasureslMonitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan II. NOISE Item a - Less Than Significant with Mitigation Incorporation The project will be constructed within an area wi1h 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 10 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 El Camino Real will be located within Zone C, the applicant submitted an acoustical analysis (Exhibit I), 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 staiJ.dards for residential properties of 55 dB. In this event, Section 4614(c) of the Tustin City Code allows the maximwn 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 MeasureslMonitoring Required: . Roof ceiling construction will be roofing on Vz" plywood. Batt insulation will be installed injoist spaces. The ceilings will be one layer of 5/8" gypboard 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 I if the Acoustical Analysis (Exhibit I) will be glazed with STC 32 glazing. STC 32 glazing can be provided with either 114" laminated glass or a dual pane assembly with a y," 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 £-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 sl01s 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 I) 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 MeasureslMonitoring 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.! 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 (I) 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) 10 current residents to allow adequate time to find replacement housing. Nevis Tustin VTTM 16790 and DR 04-025 Page 11 Mitigation MeasureslMonitoring 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 inuastructure would need to be crea1ed. Mitigation MeasureslMonitoring 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. Wlùle 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 MeasureslMonitoring 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 VITM 16790 and DR 04-025 Page 12 Sources: Submitted Plans Tustin City Code 15. TRANSPORTATIONffRAFFIC Item a - Less Than Sil]:nificant 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 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, should the project's density or design be modified, a new or revised traffic study would be required. Mitigation MeasureslMonitoring Required: . The applicant shall re-stripe the existing paved median to provide a 75-foot left turn lane into the project. Nevis Tustin VTIM 16790 and DR 04-025 Page I3 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 MeasureslMonitoring 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 stonn drain systems and thus will not require construction of a new stonn 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 ITom existing resources will be available to serve the proposed project. Mitigation MeasureslMonitoring 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 1he potential to achieve short-term environmental goals to the disadvantage of 1he 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,ICddVUSTlNAI"",,", pl~i"glE",iro"m,""IIN<vi, Au"'"""tAd,, Exhibit I Acoustical Analysis Received (MON)AUG 23 2004 11 :58 Davy'" & Associates. Inc. Consultants in AcousfÍcs 2627 M."¡'.rran Beach Blvd.Suil< 212 . Red"ado Beach, CA 90278.1604 . Ttl,310-643-5161 . F"",310-643-5364 . E"",il,DavyAssoc@""I.co", JN2004-84 MR160 ACOUSTICAL ANALYSIS The Cottages Tustin, California FOR Nevis Homes, LLC Arcadia, California August, 2004 Received (MON)AUG 23 2004 11:58 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 of the analysis of the acoustical data is attached to this report. Received (MON)AUG 23 2004 11 :58 The data thus collected were analyzedto 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 LEQ S. Building Line 67.1 dB CNEL 71.1 dB Section 3501.(c) of the State Building Code states the following: Worst-case noise levels either 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 result in a 0.9 dB traffic noise increase. Therefore, the projected future year noise 17vel is summarized in Table 2, Table 2 Exterior 2014 CNEL Value at the Site in dB Location CNEL 72.0 dB S. Building Line 1 See, for example, "Insulation of Buildings Against Highway Noise," Bruce Davy and Steven Skala, Federal Highway Administration FHWA-TS-ì7-202. ., 2 Kecmed IMVNJAVG 23 2004 12:00 WIth an exterior noise level of CNEL 72,0, the buildings must provide an A-weighted noise reduction 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 ofthis Building will be a minimum of 30 dB. This means that with the use of standard construction and SIC 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. SIC 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 3.1 3.2 3.3 3.4 3.5 3.6 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 wìll 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 SIC 29 rating. The test report should be prepared in an indepfindent,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 Keceived (MON)AUG 23 2004 12:00 4.0 Ventilation ReCluirements 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, PE I.N.C.E. Board Certified Davy & Associates, Inc. 5 ----------------------------- " , - , , RHeived (MON)AUG 23 2004 12:01 SITE MONITORING NOISE ANALYSIS JN2004-84 MR160 PROJECT: LOCATION; TEST DATE: START TIME: END TIME: EQUIPMENT USED: TEMPERATURE: RELATIVE HUMIDITY: WIND: LEO: 67.1 LMAX: 80.7 LMIN: 58.1 CNEL: 71.1 LDN: 71.1 THE COTTAGES SOUTH BUILDING LINE AUGUST 18, 2004 4:00 P.M. 4:30 P.M. LD 820 SLM 1/2" RANDOM INCIDENCE MIC WINDSCREEN B&K4230 CALIBRATOR TRIPOD WIND SPEED INDICATOR MICRONT A THERMOMETER/HYGROMETER 76"1 55% 0-2 mph L90: 60.3 L50: 63.6 L25: 67.0 L8; 69.9 L2: 72.1 L1: 73.1 DAVY & ASSOCIATES, INC. Consultants in Acoustics Exhibit 2 Traffic Study ~ Katz, Okitsu & Associates ~~ T,ajJic Enginem and T,an'po,lßJion Plann", r C. r- 1\ I ,- t::"C,lr: December 2, 2004 .IAN j 9 2004 J 7852 E. Seventeenth St. Suitel02 Mr. Scott Yang Tu'tin.CA Nevis Homes 927BD-2142 714.573.0317 fa" 714.573.9534 255 East Santa Clara Street, Suite 210 Arcadia, CA 91006 koaoc@katwkiUu.com Subject: www.katzokiUu.com lo, Angel.. 323.260.4703 fa" 323.260.4705 San Oiego 619.683.2933 fa" 619.6S3.79B2 San 8ema,dino 909.B90.9603 fa",90..B9D.909' 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, þ~~~ - Rock Miller, P.E. Principal jld",,\TUSTINVA4708 &d¡,m.E/Cnm¡"IR"""ITUßCnm¡",Rw/.r,nfiic S,nd, R"¡"dd,, _Katz, Okitsu & Associates ..... r"lfi< ¡"gm"" ""d r""v.,ta,;", PI"""", 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 El 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 El 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. Prepard far Nevis Ham" Umiled Traffic Study fora R"ideqtlal Project in the City ofT"sr", December 2004 Vi Main SI. E Main Sl. N t B8iKatz, Okitsu & Associates - r"ffic E'gi"'" "d r""p",a¡i" PI""" Residential Project City ofTustin Figure 1 Project Location c'.,' i r- """" ~ ~. !:~ ,,-- -,", C;=: II!':i8II'JKatz. Okitsu & Associates Residentiai Project City of Tustin ØJ8 r"ff¡' E'g¡"'" ."d r""p"',u¡" PI.""" N t Figure 2 Site Pian _Katz, Okitsu & Associates ..~ Tmtli, E"."""" ""d Tea".""",,,," Pia""", 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, 7'h 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 (or Nevis Homes Iim",d Tra((ic Srudv (or a Residemia! Projecr ii, the Ciry of TuStin December 2004 _Katz, Okitsu & Associates ....... r"IIi"""'"""""d"""""",,,,,,""""" ILand Use Measure Daily AM Peak Hour PM Peak Hour Total In Out Total In Out Trip Generation Rates ow-Rise Residential Condominium/T 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 :rip~.. xisting Active Use (Trip Credits) 65DU 428 30 6 24 38 25 13 ow-Rise Apartment TE Code 221 Proposed Use ow-Rise Residential 93DU 744 62 16 46 73 42 31 CondominiumlT ownhouse TE 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 Stud}' for a Residential Project in the Ow of Tustin December 2004 _Katz, Okitsu & Associates iI!II""'" T"IIi' '"gw"" ""d T",,;¡~,"'¡'" PI","", The project will have 744 vehicles per day going out onto EI 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 £1 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 £1 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 corner of Redhil! Avenue and EI Camino Real seemed to have more of an impact on traffic along E1 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 E1 Camino Real. On-site Circulation & Access The project is proposed to access E1 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 Hi!! 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 Ur:.itcd Traffic Swdy for a Residential Pro;eer ill/he 0/)' of Tustin December 2004 _Katz, Okitsu & Associates ...... r,"lli, E",i"'" ",d y,"HJ~""'i," PI""", 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 EI 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 gues.ts 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 be more than two vehicles. A storage requirement 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% Prcl'ared for Nevis Homes Limited Tra((ic StUdy for a Residential Projw in the City o(Tusth, December 2004 _Katz, Okitsu & Associates ìiI!III""" J;affi, E.W""" "",I """1""""" Plm", 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 report, 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. Prepard for Nevi.; Homes Limired Traffic SlUdF for a Residel1lial Projeer in the CitF of T "srin December 2004 8 Of' 1h 0" CoO la r. t t 2003 Edition :r: 600 Q. > r. 500 ~ t¡j~ 400 WQ. CX:Q. tñ <C 300 a:w 0::;; ~:J 200 ::;;~ ffi 100 :r: (!J :E E I COI'i!i;(j I -¡ -¡ tIt C con,?,; Page 4C-7 'ISO '100 -'1(, Figure 4C-4, Warrant 3, Peak Hour (70% Factor) (COMMUNITY LESS THAN 10,000 POPULATION OR ABOVE 70 kmih OR ABOVE 40 mph ON MAJOR STREET) :r: Q. > 5 400 t¡jC5 ~[ 300 I-Q. (f)<C a:w o~ 200 ~-' ::;;~ d: 100 w :r: (!J :E November 2003 Figure 4C-3, Warrant 3, Peak Hour 400 500 600 700 800 900 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. '100 '75 46 300 400 600 900 1100 1300 1200 1000 soo 700 800 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 tor £ minor-street approach with one iane. SectAC.O6 ATTACHMENT E City Council Resolution No. 05-45 RESOLUTION NO. 05-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP 16790 TO SUBDIVIDE AN EXISTING 4.99 ACRE PARCEL INTO ONE (1) NUMBERED LOT TO ACCOMMODATE DEVELOPMENT PLANS APPROVED BY DESIGN REVIEW 04-025, WHICH AUTHORIZED THE CONSTRUCTION OF NINETY-THREE (93) RESIDENTIAL CONDOMINIUM UNITS AT 1361 EL CAMINO REAL. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council 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," 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 to accommodate development plans approved by Design Review 04-025, which authorized the construction of ninety-three (93) residential condominium units; B. That a public hearing was duly called, noticed, and held for said map by the Planning Commission on February 14, 2005, and the Planning Commission adopted Resolution No. 3963 recommending that the City Council approve Tentative Tract Map 16790; C. That a public hearing was duly called, noticed, and held for said map on March 7, 2005, by the City Council; D. 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; E. As conditioned, the map would be in conformance with the State Subdivision Map Act and the Tustin City Code Section 9323 (Subdivision Code); F. 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; Resolution No. 05-45 Vesting Tentative Tract Map 16790 Page 2 G. 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; H. 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 been conditioned to comply with development standards of the City, Orange County Fire Authority, and Orange County Health Care Agency; I. 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; J. 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; K. 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. L. 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. M. That the project results in additional traffic movements necessitating the subdivider to 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. N. That the project involves a condominium project where there are undivided interests in common areas such as parking areas, landscape Resoiution No. 05-45 Vesting Tentative Tract Map 16790 Page 3 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. o. A Mitigated Negative Declaration has been prepared for this project in accordance with the provisions of the California Environmental Quality Act (CEQA) and recommended for approval by the City Council. II. The City Council hereby 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," recorded in Book 5, Page 7 of Miscellaneous Records of Los Angeles County, California, into one (1) numbered lot to accommodate development plans approved by Design Review 04-025, which authorized the construction of 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 City Council held on the yth day of March, 2005. LOU BONE Mayor Pamela Stoker City Clerk Resolution No. 05-45 Vesting Tentative Tract Map 16790 Page 4 STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 05-45 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 05-45 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the yth day of March, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk GENERAL (1) (1 ) (1 ) 1.2 1.3 EXHIBIT A RESOLUTION NO. 05-45 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. 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 CODE/S 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. 05-45 Page 2 (1 ) 1.4 FINAL MAP (1 ) 1.5 (1 ) 1.6 (1 ) 1.7 (1 ) 1.8 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 confomn 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. 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 a final map or issuance of a building permit whichever occurs first, the applicant shall obtain new address numbers from the Engineering Division. Declaration of Covenants. Conditions & Restrictions ¡CC&Rs) (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 Exhibit A Vesting Tentative Tract Map 16790-Conditions of Approval Resoiution No. 05-45 Page 3 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 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. C. 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. E. Membership in the homeowners association shall be inseparable from ownership in individual units. F. 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. G. 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 Exhibit A Vesting Tentative Tract Map 16790-Conditions of Approval Resolution No. 05-45 Page 4 H. I. J. 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 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 Exhibit" 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 8Y:. inch by 11 inch dimensioned site plan for each unit that is allocated private open space. The approved "Parking and Circulation Exhibit" 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 Exhibit" and have a minimum length of twenty-two (22) feet per stall for on-street parking. Exhibit A Vesting Tentative Tract Map 16790-Conditions of Approval Resolution No. 05-45 Page 5 K. L. M. N. o. 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. 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. Exhibit A Vesting Tentative Tract Map 16790-Conditions of Approval Resolution No. 05-45 Page 6 P. 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. HOMEBUYER NOTIFICATION (1 ) 2.2 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 Exhibit" and separate 8Y:. inch by 11 inch dimensioned site plan for each unit that is allocated private open space within the common area. Exhibit A Vesting Tentative Tract Map 16790-Conditions of Approval Resoiution No. 05-45 Page 7 F. A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. G. 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. 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 (1 ) 3.5 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. The applicant shall provide for the undergrounding of all existing and proposed utility distribution facilities within the public right-of-way adjacent to the project as well as within the project, unless exempt per Development Code. The applicant shall be responsible for the associated costs and arrangement with each public utility. A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. The applicant shall relocate the water valve, catch basin, fire hydrant, and parkway trees located at the proposed driveway. The new locations shall be reviewed and approved by the City Engineer. 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. 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 Exhibit A Vesting Tentative Tract Map 16790-Conditions of Approvai Resolution No. 05-45 Page 8 (1 ) 3.6 (1) 3.7 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, which ever occurs first. 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 Catch basin/storm drain laterals connection to existing storm drain system In addition, 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. 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 (CADD) 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 "DWG" format (Le., 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. Exhibit A Vesting Tentative Tract Map 16790-Conditions of Approval Resolution No. 05-45 Page 9 FEES (1 ) 4.1 (1 ) 4.2 (1 ) 4.3 (2) 4.4 The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" 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. 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. The applicant shall submit all fees required by the City and other agencies as identified in Planning Commission Resolution No. 3964. 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.