HomeMy WebLinkAbout03 DR 09-023ITEM #3
Report to the
Planning Commission
DATE: OCTOBER 27, 2009
SUBJECT: DESIGN REVIEW 09-023
APPLICANT: WILLIAM LYON HOMES, INC.
C/O MIKE MCMILLEN
4490 VON KARMAN AVENUE
NEWPORT BEACH, CA 92660
TUSTIN
PROPERTY OWNER: ORA AINSLEY PARK 84, LLC
C/O MICHAEL BADNER
10880 WILSHIRE BOULEVARD, SUITE 1420
LOS ANGELES, CA 90024
LOCATION: AINSLEY PARK AT COLUMBUS GROVE
LOTS 242 AND 243 OF TRACT 16582
ZONING: MCAS TUSTIN SPECIFIC PLAN (MCAS-SP 1)
PLANNING AREA 21
REUSE DISPOSITION PARCEL 36
GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN
ENVIRONMENTAL
STATUS: THE PROJECT IS EXEMPT FROM FURTHER CEQA
REVIEW PURSUANT TO SECTION 65457 OF THE
CALIFORNIA GOVERNMENT CODE
REQUEST: TO DEVELOP 84 TWO-STORY DUPLEX CLUSTER
HOMES AND ASSOCIATED SITE AND
INFRASTRUCTURE IMPROVEMENTS AT AINSLEY PARK
IN COLUMBUS GROVE AT TUSTIN LEGACY, ALSO
REFERRED TO AS LOTS 242 AND 243 OF TRACT 16582
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4133 approving Design Review
09-023, authorizing the development of 84 two-story cluster duplex homes, including
associated infrastructure and site improvements, at Ainsley Park at Columbus Grove
(Lots 242 and 243 of Tract 16582).
Planning Commission Report
October 27, 2009
DR 09-023
Page 2
BACKGROUND
Ainsley Park is a neighborhood within the community of Columbus Grove at Tustin
Legacy. In 2005, the entire developments of Columbus Grove and Columbus Square
(collectively known as the "Villages of Columbus") were reviewed and approved by the
Planning Commission and City Council. Ainsley Park was considered as a part of Design
Review 04-004, which was approved by the Planning Commission on February 14, 2005
(Attachment C -Resolution No. 3947), and Tentative Tract Map 16582, which was
approved by the City Council on February 22, 2005 (Attachment D -Resolution No. 05-
37).
On June 26, 2006, the Planning Commission considered a series of amendments
requested by Lennar on behalf of Moffet Meadows Partners (property owner at the time) to
the projects at the Villages of Columbus, one of which was a request to revise the
architecture of the Ainsley Park cluster duplex units from two different architectural styles
into one simplified structure containing two units. The Planning Commission adopted
Resolution No. 4025 which denied the proposed modifications to Design Review 04-004
for Ainsley Park and directed the applicant to work with staff to provide a compatible
design for Ainsley Park that suited the approved dominant architectural styles within the
community and which continued to provide distinctive character for both units.
During the plan check process, staff worked with the applicant to achieve a design that
was appropriate for the individual buildings and compatible with the community
architecture. The plan check was approved and permits were ready for issuance.
However, the applicant never pulled permits and therefore the plan checks expired.
Pursuant to Tustin City Gode Section 9272d(4), development shall commence within a
period of eighteen months, otherwise, a new evaluation and review shall be required prior
to any development. Since construction of buildings at the Ainsley Park site never
commenced, the Design Review as it pertains to Ainsley Park has been deemed to be
expired. Therefore, the applicant has submitted a new design review application (DR 09-
023) for the entitlement.
DISCUSSION
Site and Surroundings
The project site is Lots 242 and 243 of Tract 16582 (Columbus Grove). It is also
considered part of Planning Area 21 and Reuse Plan Disposition Parcel 36 of the MCAS
Tustin Specific Plan. Columbus Grove is a community of 484 homes' generally bounded
by Peters Canyon Channel and Jamboree Avenue to the north, the city limit and Harvard
Avenue to the south, Moffett Avenue to the east, and the city limit and Warner Avenue to
the west. Within Columbus Grove, Ainsley Park forms an L-shape along the west side of
the community and is located adjacent to Grove Park and the city limit at the south, the city
limit and Peters Canyon Channel at the north, the city limit at the west, and internal private
streets at the east (see Figure 1 -Location Map).
1 Total approved number of units. Not all units have been constructed.
Planning Commission Report
October 27, 2009
DR 09-023
Page 3
~ V,f V,f'"•~~''~''~~ 17{'f u'uf r".. _. ._._ `JY (al Yn.:iyva- '"-• -._._
~rr~l I i 1 ~ I M f,,41 j (~ ~ Y.' I Y' 11 .. ~ 4 ; - I , ' _ _ _ _
r ~ r rf i f ~l ` J "j ~ r+ ! r _
rL{7Sj S1q L ~Ir c {~ ~ ~l.__f. ''"rer f __ _'
11 'fl ~ r ~ W rY r1 Y' ! r~"'r Mt1 I , Ij Imp ~ I~ ~ _i
~ ' ~"> ~CI f ant ~ 14 !.r n Is 7S le ~- ~~ I'
N r'' 1 r.. 7. j ~ ~ ~r 7r;, ~- a .. f 1 r y. r X' ~' f p i,r;f 7 a ~ ~ .:
F ~ Ill S ... \ ~1~ 'f 7 E.-t' - Y IE`~ ~~ '
~ t ~ 7 X, ._ +; t ~ f r r ! J / 91 a r , r 'i _ r; , ~ p ~ \~
1~ rl V ~ r ~r ~ ~ rr i ~.~, r,a~fcfr ~r~~ r•~~ . ~ ~ .wr,..r 1 ~ rE r~ ~' I ,-i'I:~~-~ -''.
f ~ t I r 7.._/ _ r (rr j 13~rr~r~j ,,,'r,v a ~f Iii i t
J 4 i~ 2- ~f'i a i l -IE/'~ /~ r~ r~.' r (-(f~~ ~t r I j;.-~
r ~ _ f - 1,•
/I aa•, r Gl \ ,a;: l .. L."_f 1 r: I ~ ° 1 ° r z "_( ~ t R , ~ o l j _ i a! 0 ~)
p,~ 'SI, k ~--i [. 1.~.~ I,. ! 7 rr +~ -Ire! x' r v I ~ : iii ~..
i t r ~ i~ ISI I f"
'„~ay~ 1 i`s..o:'1':: -'I°'~filE l~ i..r 1__i_~
~~,, '•c •~._. ^ r gar ~! , a~n, ' •h. ~. ~ I ~
1.' '•. p ~.'~ ~' n 1' ~ y-` ._ °~ay,4e, ', :_I tx~a .4pa '~f T ~ . -
~ __~ • 4' R ~.t',r~j '.. _ c'_... 1. I-~~f~~ I, a ~ v~ i : 1 •: ~i.
1 ~x
f ~ PROJECT SITE h `qR ~~~ ~`, _ .~ ~_ ~,3~.; ~ , , = " ' ' ~ ~ 1
l_I •'~ ` ~ ~ `~, _ , „' CQLUMBUS DROVE;
-.(AINSLEYPARK} '`. T''~ ~,
ti.-.. - ciTY tlrvllT... --- -- -- `~`~ «. ' ~ ~ , ~ fi I n ^T ,\,_ f ~,~ TF~ACT 1 582 .
HARVARD AVENJE \ r 1MRVARO AVENUE
Figure ~. Location Map
Project Proposal, Site Design and Architecture
The project proposal involves the development of 84 homes in a cluster duplex or "paired"
formation. Either building types 1 and 3 are paired or types 2 and 4 are paired to form a
duplex building with a shared pedestrian courtyard. Two duplex buildings (four units total)
are then located en face across a private drive to form amotor-court cluster (see Figure 2
- Building Layout). The architecture of the buildings feature the Craftsman, Colonial,
Monterey Revival, and Victorian architectural styles (See Figure 3 -Street Elevations).
The proposed major facade materials include a combination of a few varieties of brick
veneer, stacked stone, exterior siding, and composition shingle roofing. Supplementary
exterior design elements include wood shutters, louvered wood vents, wood and stucco
(foam) trim pieces, scalloped siding, outlooker brackets, and decorative light fixtures (see
Attachment B -Submitted Plans for further details).
BUILDING KEY
PLAN ,~ . PLAN
~ ',
!,
PLAN
I ~~ /~
jPLAN/
"/
EiUILDING BUILDING
200 IUD
Figure 2. Building Layout
Planning Commission Report
October 27, 2009
DR 09-023
Page 4
Figure 3. Street Elevations
Prior Approval and Conditions of Approval
The plans submitted are consistent with the plans that were previously approved by the
City during the plan check process; however, the applicant did not pull any permits for
Ainsley Park and the plan checks have since expired. Only minor changes may be
necessary due to the adoption of the latest California codes in 2007. Therefore, staff is
recommending that the Planning Commission approve Design Review 09-023 as a
conceptual authorization for the subject project; City staff will be responsible for reviewing
for all applicable development standards and code requirements during the plan check
process.
No affordable housing units are located in the Ainsley Park development per the adopted
Affordable Housing Plan for Planning Area 21 (Columbus Grove) at Tustin Legacy.
Since Ainsley Park was originally approved as a part of Tentative Tract Map 16582 and
Design Review 04-004 for the entire Columbus Grove community, the resolutions of
approval of those projects would still apply. As a result, staff is recommending that a
general condition of approval (proposed Condition 1.4) on Design Review 09-023 be
included to clarify that all applicable conditions of Planning Commission Resolution No.
3947 (Tract Map approval) and City Council Resolution No. 05-37 (Design Review
approval) remain applicable to DR 09-23. Additional conditions of approval have been
included in proposed Resolution No. 4133.
PLAN 2 -STREET ELEVATION PLAN 2 -STREET ELEVATION
PLAN 1 -STREET ELEVATION
PLAN I `STREET 81_EYATIC)N
Planning Commission Report
October 27, 2009
DR 09-023
Page 5
ENVIRONMENTAL ANALYSIS
California Government Code Title 7, Division 1, Chapter 3, Article 8 addresses the
California Environmental Quality Act (CEQA) in relation to Specific Plans. Section 65457
provides that once the EIR has been certified and the specific plan adopted, any
residential development project that is undertaken to implement and is consistent with the
specific plan is exempt from additional CEQA review. The exemption does not apply if
after the adoption of the specific plan, substantial changes in the project or circumstances
under which the project is being undertaken requiring major revisions in the project, or if
new information becomes available which was not known at the time the EIR was certified.
On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact
Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin
(FEIS/EIR). The FEIS/EIR evaluated the environmental impacts of the reuse and disposal
of MCAS-Tustin, in conjunction with the adoption of a Specific Plan. On February 3, 2003,
the Tustin City Council adopted Ordinance No. 1257, which adopted the MCAS Tustin
Specific Plan. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving
an Addendum to the FEIS/EIR for the Disposal and Reuse of MCAS Tustin. The
FEIS/EIR and its Addendum considered the potential environmental impacts associated
with development on the former Marine Corps Air Station, Tustin.
The development of Ainsley Park at Columbus Grove is a residential development project
that is being undertaken to implement and is consistent with the MCAS Tustin Specific
Plan. No substantial changes in the project nor circumstances under which it is being
undertaken have occurred and no new information which was not known at the time the
EIR was certified (or amended) has become available. Therefore, the proposed project is
exempt from additional environmental review under CEQA.
FINDINGS
That pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin City Code,
the Planning Commission finds that the location, size, architectural features, and general
appearance of the proposed development will not impair the orderly and harmonious
development of the area, the present or future development therein, or the occupancy as a
whole, in that:
1. The proposed residential development is a permitted use on Reuse
Disposition Parcel 36 of Planning Area 21 of the MCAS Tustin Specific Plan,
2. As conditioned, the proposed project is consistent with the development
standards and design guidelines of the MCAS Tustin Specific Plan,
3. As conditioned, conformance with all other applicable development
standards, including current California building codes, will be verified by
staff during plan check review,
4. The proposed site and building improvements are substantially consistent
Planning Commission Report
October 27, 2009
DR o9-023
Page 6
with plans previously approved by the Planning Commission and
Community Development Department,
5. The location, size, architectural features and general appearance of the
proposed development are consistent with and will not impair the orderly
and harmonious development of the area, the present of future development
therein, the occupancy thereof, or the community as a whole.
Reina Kapadia Elizabeth A. Binsack
Associate Planner Community Development Director
Attachments: A. Location Map
B. Submitted Plans
C. Planning Commission Resolution No. 3947
D. City Council Resolution No. 05-37
E. Planning Commission Resolution No. 4133
Attachment A
Location Map
LOCATION MAP
AINSLEY PARK AT COLUMDUS GROVE
PROJECT NO.: DR 09-023
DEVELOPMENT 01= ~~ PAIR{~® FIC)MES
__ - :cvcrsr. sl
- __ --JJkMBOREE-RD.- - ~ .. ,.
`` ~ ~~ 1~1YW1~'JI
.,I 'r ~ ~ a l,,
+~
i. a" ;od' ~~.
. 5'~`i
off` ~ ~' ~,' GROVE ~ ~
`ti L - a ~ ... - n,~`~ ~c
r .:
\+ ~ J',
j~ ~
500' ~P
500",
Q
ICI =~'1 ~mw Ux~rNCl r OtiAfl
\ ~
\ ,
\`
,
~' y I,
,/
~ /
I
t y , ~
~ ~~
' ~~ l
Itl 111 i
ry ~ ~
l f
~ ~ ~ I
~ 1 ~ ~ i
~ -,J t~ I
~
, ~ ~~
~
~ ~` ~ ^ ~~ ~
.~, '
,
S
~ 1~
Attachment B
Submitted Plans
z
0
a
7
W
J
a
a
w
a
z
Q
J
0.
~-'
Q
W
J
W
W
_I
1
Q
~'
a7S
N
z
a
J
a
J W
1Ji --_;t
W < °n
~0. u~$£'~3~
_<4F
ZQ 3'na°O~~
O W Su °y;a3
J F ~ o ~
O K -
Uf ~
z
a
a
iil
Izl
w
w
a
N
z
4
..1
R
Z
Q
N
Q
W ~
,~ Y z
W ~ N
~, Q w
~ 4 ~. O
~ L } 2 ~p~! 1-~;
W ~ UI ~
z_4
~ a~
w 3
w
z
a
J
a
z
0
F
a
w
w
a
a
w
a
tl'
2
d
J
a
Z
O
!"'
Q
w
J
W
w
J
J
tt
dS
N
z
a
.~
a.
Wu`F=,~E
d K u' o r s;
aak~~F3Y
~ J
V ~ r301 zy~i
~ °'
1~
z
0
a
w
.~
W
t-
w
w
~-
N
Z
a
Z
0
4
w
J
W
J
w
z
w
w
a
N
Z
Q
J
n.
N
Z
0
F
a
w
~ Y
W K N
~ G ~ ~
Q = Q. O a
Q' ~ I u
W W J J~ 6
~SN~
Z q
~ d :,
N
7
a
J
a
...,.w~sa~;~ w~~ ~,~~~„~
z
0
a
w
.~
w
a
w
m
z
4
J
a
Z
O_
F-
a
w
J
w
1-
J
W
m
Z
w
w
a
m
z
d
J
0.
wo
`_ ~aa
a~n~a3W~~z'o
U <LL~"rN ~3o;
f a
Z N
Z
O
>
_O
~
a
>
w J -
w Y
~ w
o ~~ a o a
a-. _
W = ~, r
o .~~~9<
J
~
~
W X~~$ ,~
W ~^ N F
~ z `-
m Q
J
~
Q - ~
N
Z
1
f7 J
a
Z
O_
l-
Q
w
J
W
Q
W
(~
Z
Q
J
a
Z
H
w
W
F-
J
W
m
z
w
w
a
c~
m
N
z
J
a
J w ~
a~
>r ~9~0
> W °~~-
W 4. __
Hwg33~°~i
O [y- o3~m
~~ c~
z
o_
F-
4
W
J
W
F-
W
W
F
U)
Z
J
a
~-
d
W
J
W
W
J
,J
4
c~
c2$
N
z
a
s
a
N
Z
n
F
W u
J ~ z
W a~
4°-ao
~' _
° ~- _; ~
N N j
Z <
~ a3 u
UPON REQUEST,
PLANS ARE AVAILABLE IN THE
COMMUNITY DEVELOPMENT DEPARTMENT
Attachment C
Planning Commission
Resolution No. 3947
RESOLUTION NO. 3947
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN APPROVING DESIGN REVIEW 04-004 AUTHORIZING THE
DEVELOPMENT OF 465 RESIDENTIAL UNITS (211 SINGLE FAMILY
DETACHED, 68 CARRIAGE WAY UNITS, 786 CONDOMINIUM UNITS)
ON A 86.26 ACRE (GROSS) PARCEL WITHIN PLANNING AREA 21
OF THE MCAS-TUSTIN SPECIFIC PLAN ON MCAS TUSTIN REUSE
PLAN DISPOSAL PARCELS 35 AND 36
The Planning Commission of the City of Tustin does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That a proper application for Design Review 04-004 was submitted
by Marble Mountain Partners LLC for development of 465
residential units, including 211 detached single family dwelling
units, 68 detached carriage way single family dwelling units, and
186 condominium units on a 86.26-acre site within Planning Area
21 of the MCAS-Tustin Specific Plan on MCAS Tustin Reuse Plan
Disposal Parcels 35 and 36;
B. That a public hearing was duly called, noticed, and held for said
application on January 24, 2005 and continued to February 14,
2005 by the Planning Commission;
C. That the site is located in the "MCAS-Tustin Specific Plan" land use
designation of the General Plan, which provides for residential
development, and in Planning Area 21 of the MCAS Tustin Specific
Plan, which is designated for Low Density Residential on MCAS
Tustin Reuse Ptan Disposal Parcel 35 and Parce! 36, which is
currently located in the City of Irvine and proposed to be annexed
to City of Tustin in the near future under separate action;
D Pursuant to the MCAS Tustin Specific Plan and Section 9272 of the
Tustin Municipal Code, the Planning Commission finds that the
location, size, architectural features, and general appearance of the
proposed development will not impair the orderly and harmonious
development of the area, the present or future development therein,
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.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
Resolution 3947
DR 04-004
Page 2
5. Size and spacing of windows, doors, and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and
television antennae.
7. Location, height, and standards of exterior illumination.
8. Landscaping, parking area design, and traffic circulation.
9. Location and appearance of equipment located outside an
enclosed structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing
structures in the neighborhood.
12. Appearance and design relationship of proposed strictures to
existing structures and possible future structures in the
neighborhood and public thoroughfares.
13. Proposed signage.
14. Development Guidelines and criteria as adopted by the City
Council.
E. That the applicant has requested approval of Tentative Tract Map
16582 (The "Map") in conjunction with the applications for Design
Review 04-004, and findings and conditions of approval related to site
design, street design, open space and park site design, and
dedication of necessary right-of--way and provision of necessary -
infrastructure improvements have been included in Resolution No.
3946 recommending approval of The Map.
F. That a Final Environmental Impact Statement/Environmental
Impact Report for the Disposal and Reuse of MCAS Tustin
(FEIS/EIR} was prepared and certified, which considered the
potential development of low density residential units and that the
proposed project includes 465 units as considered in the FEIS/EIR.
A checklist was prepared that finds all potential impacts of the
project were addressed by the certified FEIS/EIR and no additional
impacts have been identified; all applicable mitigation measures in
the FEIS/EIR have been included as conditions of approval. The
Planning Commission has adopted Resolution No. 3943 finding that
the FEIS/EIR adequately addressed all potential impacts related to
the project.
II. The Planning Commission hereby approves Design Review D4-004 for
development of 465 residential units including 211 detached single family
residential units, 68 carriage way single family units, and 186
condominium units on a 86.26-acre site (Reuse Plan Disposal Parcels 35
and Parcel 36) within Planning Area 21 of the MCAS-Tustin Specific Plan, _
subject to the conditions contained in Exhibit A attached hereto.
Resolution 3947
D R 04-004
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission held on the 14~' day of February, 20x5.
J NIELSEN
Chairperson
LIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
Planning Commission Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. 3947 duly passed and adopted at a regular
meeting of the Tustin Planning Commission, held on the 14th day of February,
2005.
IZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
DESIGN REVIEW 04-004
RESOLUTION N0.3947
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall be compliance with the MCAS Tustin
Specific Plan, Tustin City Code, and City of Tustin Guidelines and
Standards and confomn with 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
mod cations to plans during plan check if such modifications are
consistent with the provisions of the Tustin City Code, and other
applicable codes.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit
shall be complied with as specifred or prior to the issuance of any
building permits for the project, subject to review and approval by the
Community Development Department.
(1) 1.3 Resolution No. 3947 shall become null and void in the event that -'
General Plan Amendment 04-001 and Zone Change 04-001
applicable to MCAS Tustin Reuse Plan Disposal Parcel 36 and
Resolution Nos. 3844, 3945, and 394fi approving Concept Plan 03-
004, Zone Change 04-002, Design Review 04-004, and the
Affordable Housing Plan and Density Bonus Application, which
includes the transfer of required affordable housing units from
Planning Area 21 to Planning Area 5, are not approved by the City
Council.
(1) 1.4 Resolution No. 3947 shall not became effective as it applies to any
development located on Parcel 36 including units that traverse
jurisdiction boundaries until Annexation 159 for the annexation of
MCAS Tustin Reuse Plan Disposition Parcel 36 becomes effective.
(1) 1.5 The development of the project described in Design Review 04-004
shall be designed and constructed in accordance with Concep#
Plan 03-004, Zone Change 04-001 far Parcel 36, Zone Change 04-
002 for Parcel 35, and Tentative Tract Map 16582, as approved by
Resolution Nos. 3944, 3945, 3946, and 3955, which are
incorporated herein by reference.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Resolution 3947
DR 04-004
Page 2
(1) 1.6 The subject project approval shall become null and void unless
permits for the proposed project are issued and substantial
construction is underway within 24 months. All time extensions may
be considered by the Community Development Director if a written
request is within thirty (30) days prior to expiration date.
(1) 1.7 Approval of Design Review 04-004 is contingent upon the applicant
returning to the Community Development Department a notarized
"Agreement to Conditions Imposed" form and the property owner
signing and recorcling 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) 1.8 As a condition of approval of Design Review 04-004, 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.
(5) 1.9 The applicant shall implement an affordable housing program in
compliance with all applicable provisions of MCAS Tustin Specific
Plan and comply with related conditions contained in the housing
incentive agreement as required by Resolution No. 3946.
(5) 1.10 Project phasing shall be in accorclance with the phasing set forth in
Resolution No. 3946.
GRADING PLAN SUBMITTAL
(1) 2.1 Prior to issuance of a grading permit all requirements related to
private infrastructure contained within Resolution No. 3946 shall be
met.
(1) 2.2 Four (4) sets of final grading plans, including a site plan, and
consistent with the landscaping plans, as prepared by a registered
civil engineer in accordance with the City of Tustin's Grading
Ordinance and other applicable regulations, shall be submitted and
Resolution 3947
D R 04-004
Page 3
shall include the following:
A. Technical details and plans for all utility installations
including telephone, gas, water, and electricity.
B. Three (3) copies of a precise soils 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.
C. Two (2) copies of a hydrology report and Information
demonstrating that all site drainage shall be handled on-site
and shall not be permitted to drain onto adjacent properties.
D. Information demonstrating that drainage flow lines in all
driveways and roadway shall be shown on a storm drain
plan.
E. Information demonstrating that catch basin placement at all
street tapers shall be evaluated and reconfigured, if ---
necessary, to eliminate trapped water conditions.
F. Information demonstrating that all roadway drainage shall be
designed to drain low points out of street intersections.
G. Information demonstrating that drainage, vegetation,
circulation, street sections, curbs, gutters, sidewalks, and
storm drains shall comply with the City of Tustin's
"Construction Standards for Private Streets, Storm Drain and
On-Site Private Improvements," revised April 1989, except
for deviations approved by the Building Official and
authorized in Resolution No. 3946. The minimum turn radii
may be reduced from twenty-five (25) foot requirement for
private .drives if adequate truck turns for delivery trucks,
emergency vehicles and trash hauler trucks can be provided
and upon approval by the Building Official. A six (6) inch
minimum raised concrete curb shall be provided at all private
streets and private drives. Rolled curbs are only permitted in
private courts or at garage driveways, subject to review and
approval by the Building Official.
H. Information demonstrating that vehicle parking, primary W
entrance to the building, primary paths of travel, sanitary
facilities, drinking fountain, and public telephones for the
recreation building shall be accessible to persons with
disabilities.
_ EXHIBIT A
DESIGN REVIEW 04-004
RESOLUTION N0.3947
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall be compliance with the MCAS Tustin
Specific Plan, Tustin City Code, and Gity of Tustin Guidelines and
Standards and conform with 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
consistent with the provisions of the Tustin City Code, and other
applicable codes.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit
shall be complied with as specified or prior to the issuance of any
building permits for the project, subject to review and approval by the
Community Development Department.
(1) 1.3 Resolution No. 3947 shall become null and void in the event that
General Plan Amendment 04-001 and Zone Change 04-001
applicable to MCAS Tustin Reuse Plan Disposal Parcel 36 and
Resolution Nos. 3944, 3945, and 3946 approving Concept Plan 03-
004, Zone Change 04-002, Design Review 04-004, and the
Affordable Housing Plan and Density Bonus Application, which
includes the transfer of required affordable housing units from
Planning Area 21 to Planning Area 5, are not approved by the City
Council.
(1) 1.4 Resolution No. 3947 shall not become effective as it applies to any
development located on Parcel 36 including units that traverse
jurisdiction boundaries until Annexation 159 for the annexation of
MCAS Tustin Reuse Plan Disposition Parcel 36 becomes effective.
(1) 1.5 The development of the project described in Design Review 04-004
shall be designed and constructed in accordance with Concept
Plan 03-004, Zone Change 04-001 for Parcel 36, Zone Change 04-
002 far Parcel 35, and Tentative Tract Map 16582, as approved by
Resolution Nos. 3944, 3945, 3946, and 3955, which are
incorporated herein by reference.
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY RECaUIREMENT
(2) CE4A MITIGATION (B) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODElS (7) PC/CC POLICY
(4) DESIGN REVIEW "" EXCEPTION
Resolution 3947
DR 04-004
Page 2
(1) 1.6 The subject project approval shall become null and void unless
permits for the proposed project are issued and substantial
construction is underway within 24 months. All time extensions may
be considered by the Community Development Director if a written
request is within thirty (30) days prior to expiration date.
(1) 1.7 Approval of Design Review 04-004 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.
(1) 1.8 As a condition of approval of Design Review 04-004, 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.
(5) 1.9 The applicant shall implement an affordable housing program in
compliance with all applicable provisions of MCAS Tustin Specific
Plan and comply with related conditions contained in the housing
incentive agreement as required by Resolution No. 3946.
(5) 1.10 Project phasing shall be in accordance with the phasing set forth in
Resolution No. 3946.
GRADING PLAN SUBMITTAL
(1) 2.1 Prior to issuance of a grading permit all requirements related to
private infrastructure contained within Resolution No. 3946 shall be
met.
(1) 2.2 Four (4) sets of final grading plans, including a site plan, and
consistent with the landscaping plans, as prepared by a registered
civil engineer in accordance with the City of Tustin's Grading
Ordinance and other applicable regulations, shall be submitted and
shall include the following:
Resolution 3947
DR 04-004
Page 3
A. Technical details and plans for all utility installations
including telephone, gas, water, and electricity.
B. Three (3) copies of a precise soils 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.
C. Two (2) copies of a hydrology report and Information
demonstrating that all site drainage shall be handled on-site
and shall not be permitted to drain onto adjacent properties.
D. Information demonstrating that drainage flow lines in all
driveways and roadway shall be shown on a storm drain
plan.
E. Information demonstrating that catch basin placement at all
street tapers shall be evaluated and reconfigured, if
necessary, to eliminate trapped water conditions.
F. Information demonstrating that all roadway drainage shall be
designed to drain low points out of street intersections.
G. Information demonstrating that drainage, vegetation,
circulation, street sections, curbs, gutters, sidewalks, and
storm drains shall comply with the City of Tustin`s
"Construction Standards for Private Streets, Storm Drain and
On-Site Private Improvements," revised April 1989, except
for deviations approved by the Building Official and
authorized in Resolution No. 3946. The minimum turn radii
may be reduced from twenty-five (25) foot requirement for
private drives if adequate truck turns for delivery trucks,
emergency vehicles and trash hauler trucks can be provided
and upon approval by the Building Official. A six (6) inch
minimum raised concrete curb shall be provided at all private
streets and private drives unless otherwise approved by the
Building Official. Rolled curbs are only permitted in private
courts or at garage driveways, subject to review and
approval by the Building Official.
H. Information demonstrating that vehicle parking, primary
entrance to the building, primary paths of travel, sanitary
facilities, drinking fountain, and public telephones for the
recreation building shall be accessible to persons with
disabilities.
Resolution 3947
DR 04-004
Page 4
Building and landscape setback dimensions and dimensions
for all drive aisles, back up areas, each covered parking
stall, and open parking stalls.
J. Details indicating that a maximum streetlight spacing of 200
feet staggered from side to side along the street shall be
used for on-site street lighting (per City of Tustin Private
Street Standards far local private residential streets) and
placement of streetlights in relation to the intersection
locations and other driver decision points for safe pedestrian
access through the site.
(1) 2.3 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.
(1) 2.4 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.
(1) 2.5 Prior to issuance of a grading permit, the applicant shall be required
to provide a performance bond to assure grading work is completed •-
in accordance with approved plans. The engineer's estimated cost
shall be submitted to the Building Official for determination of the
bond amount.
(1) 2.6 A note shall be provided on the final plans indicating that a six (6)
foot high chain link fence shall be installed around the site prior to
grading, 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.
BUILDING PLAN SUBMITTAL
(3} 3.1 At the time of building permit application, the plans shall comply
with the 2001 California Building Code (CBC), 2001 California
Mechanical Code (CMC), 2001 California Plumbing Codes {CPC),
2001 California Electrical Code (GEC), California Title 24
Accessibility Regulations, Title 24 Energy Regulations, City
Ordinances, and State and Federal laws and regulations.
(3) 3.2 Building plan check submittal shall include the following:
Seven (7) sets of construction plans, including drawings for
mechanical, plumbing, and electrical.
Two copies of structural calculations.
Two copies of Title 24 energy calculations.
Resolution 3947
DR 04-004
Page 5
• 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 shall be fire rated class "B" or better.
• The location of any utility vents or other equipment shall be
provided on the roof plan.
• Details of all proposed lighting fixtures and a photometric study
showing the location and anticipated pattern of light distribution
of all proposed fixtures.
• A note shall be provided on the plans that "All parking areas
shall be illuminated with a minimum of one (1) foot-candle of
light, and lighting shall not produce light, g{are, or have a
negative impact on adjacent properties."
• Noise attenuation features as required by Conditions 12.1 to
12.3 of this Resolution.
• Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of
record.
(1) 3.3 Sufficiently sized concrete pad in front of mailbox structures shall
be provided to allow mail carrier to place mail and homeowner to
retrieve mail without standing in the street or landscape area except
as required by US Postal service.
(3) 3.4 Vehicle parking, primary entrance to the pool and recreational
building, the primary path of travel, sanitary facilities, drinking
fountains, and public telephones shall be accessible to persons
with disabilities as per State of California Accessibility Standards
(Title 24). Parking for disabled persons shall be provided with an
additional five (5) foot loading area with striping and ramp; disabled
persons shall be able to park and access the building without passing
behind another car. At least one (1) accessible space shall be van
accessible served by a minimum 96 inch wide loading area.
(3) 3.5 Prior to issuance of any permit, a will serve letter from Irvine Ranch
Water District (IRWD) and approval of the water/ sewer plans is
required.
(3) 3.6 Two (2) exits are required fram the third floor of residential occupancy
when, the floor area of the third floor exceeds 500 square feet.
- (3) 3.7 Provide area analysis for all buildings (residences and garages), and
show compliance with allowable floor areas based on 2001 California
Building Code Chapter 5, Table 5-B.
(3) 3.8 Escape or rescue windows shall be provided in all sleeping rooms,
in accordance with the 2001 California Building Code (Section
310.4).
Resolution 3947
DR 04-004
Page 6
(3) 3.9 Dwelling units shall be provided with heating facilities capable of
maintaining a temperature of 70 degrees at a point three (3) feet
above the floor in all habitable rooms in accordance with the 2001
California Building Code (Section 310.11).
(1) 3.10 The clear and unobstructed interior garage dimensions for each
parking space shall be a minimum of ten (10) feet in width and
twenty (20) feet in length and shall be shown on the plans.
(4) 3.11 Information to ensure compliance with requirements of the Orange
County Fire Authority shall be submitted including fire flow and
installation of fire hydrants subject to approval of the City of Tustin
Public Works and/or Irvine Ranch Water District.
(1) 3.12 Footings for all retaining walls shall be located within the tract
boundary.
(1) 3.13 No structures shall be permitted to be developed over active
pipelines, abandoned lines, or utility easements, except where
approved by the City Engineer and/or Building Official.
(1) 3.14 At plan check all private streets shall meet the requirement of the
City of Tustin Private Improvement Standards with exception of turn ' _;
radii deviation that require approval by the Building Official.
(1) 3.15 If determined feasible by tike Building Official, the applicant shall
implement one or more of the following control measures, if not
already required by the SCAQMD under Rule 403 during
construction as follows:
a) Apply water twice daily, or chemical soil stabilizers according to
manufacturers' specifications, to all unpaved parking or staging
areas or unpaved road surfaces at all actively disturbed sites.
b) Develop a construction traffic management plan that includes,
but is not limited to, rerouting construction trucks off congested
streets, consolidating truck deliveries, and providing dedicated
turn lanes for movement of construction trucks and equipment
on-site and off-site.
c) Use electricity from power poles rather than temporary diesel or
gasoline-powered generators.
d) Reduce traffic speeds on all unpaved roads to i5 mph or less.
e) Pave construction roads that have a traffic volume of more than
50 daily trips by construction equipment or 150 total daily trips _~
for all vehicles.
Resolution 3947
DR 04-004
Page 7
f) Apply approved chemical soil stabilizers according to
manufacturers' specifications to all inactive construction areas
(previously graded areas inactive for four days or more).
g) Enclose, cover, water twice daily, or apply approved soil binders
according to manufacturers' specifications to exposed piles of
gravel, sand, or dirt.
h) Cover all trucks hauling dirt, sand, soil, or other loose materials,
and maintain at least two (2) feet of freeboard (i.e., minimum
vertical distance between top of the load and top of the trailer).
i) Sweep streets at the end of the day if visible soil material is
carried over to adjacent roads (use water sweepers with
reclaimed water when feasible).
j) Install wheel washers where vehicles enter and exit unpaved
roads onto paved roads or wash off trucks and any equipment
leaving the site each trip.
k) Use low VOC architectural coatings for all interior and exterior
painting operations.
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 4.1 All conditions of Resolution No. 3946 related to private on-site
infrastructure shall be implemented.
WATER QUALITY
(1) 5.1 The applicant shall comply with the following conditions pertaining
to the requirement for a Water Quality Management Plan:
A. Prior to issuance of any permit, 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.
B. Prior to submittal of a Water Quality Management Plan
(WQMP), the applicant shall submit a deposit of $5,000.00
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
Resolution 3947
DR 04-004
Page 8
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.
C. The property owner shall include in the covenants,
conditions, and restrictions required by Resolution No. 3946,
as approved by the City Attorney, requiring the property
owner, successors, tenants (if applicable), and assigns to
operate and maintain in perpetuity the post-construction
BMPs described in the WQMP for the project.
D. The Community Development and Public Works
Departments shall determine whether any change in use
requires an amendment to an approved Water Quality
Management Plan.
(1) 5.2 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.
(1) 5.3 The following requirements shall be defined on permit plan cover
sheets as either general or special notes and the project shall be
implemented in accordance with the Hates:
A. Construction sites shall be maintained in such a condition
that an anticipated storm does not carry wastes or pollutants
off the site.
B. Discharges of material other than stormwater are allowed
only when necessary for performance and completion of
construction practices and where they do not cause or
contribute to a violation of any water quality standard; cause
or threaten to cause pollution, contamination, or nuisance;
or, contain a hazardous substance in a quantity reportable
under Federal Regulations 40 CFR Parts 117 and 302.
C. During construction, disposal of pollutants shall occur in a
specified and controlled temporary area on-site, physically
separated from potential storm water run-off, with ultimate
disposal in accordance with local, State, and Federal
requirements. Potential pollutants include, but are not limited
to, solid or liquid chemical spills; wastes from paints, stains,
Resolution 38x7
DR 04-004
Page 9
sealants, glues, limes, pesticides, herbicides, wood
preservatives, and solvents; asbestos fibers, paint flake or
stucco fragments; fuels, oils, lubricants, and hydraulic,
radiator or battery fluids; fertilizers, vehicle/equipment wash
water and concrete wash water, concrete, detergent or
floatable wastes; wastes from any engine equipment steam
cleaning or chemical degreasing; and chlorinated potable
water line flushing.
D. Dewatering of contaminated groundwater or discharging
contaminated soils via surface erosion is prohibited.
Dewatering of non-contaminated groundwater requires a
National Pollutant Discharge Elimination System Permit from
the California State Regional Water Quality Control Board.
MODEL HOME PLAN AND CONSTRUCTION PHASING
(1) 6.1 A master site plan, street improvement plan, and striping plan for
the model home complex shall be submitted as one submittal for all
product models for review and approval of the Community
Development Department, in accordance with the phasing
-- requirements for the project contained within Resolution No. 3946.
A separate model home permit shall be required for each project
model. All required improvements for streets, landscaping, ADA
compliance, emergency access, security lighting, etc. shall be
installed prior to final inspection for the model homes and the sales
office.
(1) 6.2 Temporary construction fencing shall be permitted to encroach into
completed travelways of private streets or drives on locations
approved by the Community Development Department and shall be
removed prior to issuance of Certificate of Occupancy for the model
homes.
(1) 6.3 The builder shall close and convert the model homes to occupancy
within 90 days from the last home sale of the same style home. Prior
to issuance of building permits for the model homes, the developer
shall submit a bond to Building Division to ensure the conversion.
ARCHITECTURE
(1) 7.1 All carriage way single family detached units shall meet the
_ __ development standards adopted by Resolution No. 3944.
(1) 7.2 Architectural elevations of the carriage way single family detached
units shall be revised to incorporate a consistent architectural style.
Perimeter units and corner units shall be sufficiently articulated by
providing "enhanced" elevations for units that are visible from public
Resolution 3847
DR 04-004
Page 10
roadways and at internal corners, subject to review and approval of
the Community Development Director.
(4) 7.3 At building plan check, building elevations visible from Harvard
Avenue, and Moffett Avenue shall be designed in accordance with
the Urban Design Guidelines contained in the MCAS Tustin
Specific Plan with respect to mass, variety of color and material,
architectural articulation in form of window trim, fascia molding,
planter boxes, etc. to the satisfaction of the Community
Development Department.
(4) 7.4 The design of the recreational building shall incorporate the
character defining features of the residential products within the
subdivision subject to review and approval by the Community
Development Department.
(4) 7.5 Window trims, surrounds, and mullions shall be provided on all
elevations consistent with the architectural style and treatment of
the buildings subject to final approval of the Community
Development Department.
(4) 7.6 All roof materials shall be subject to final approval by the
Community Development Department.
(4) 7.7 All exterior doors and windows, glass, and frame color shall be
subject to final approval of the Community Development
Department.
(4) 7.8 All exterior colors and textures shall be submitted to review and
approval of the Community Development Department. Colors,
materials, and textures shall be coordinated with the architectural
styles and noted in construction plans.
(4) 7.9 All mechanical and electrical fixtures and equipment shall be
adequately and decoratively screened. The screen shall be
included as an element of the overall design of the project and
blend with architectural design of the building. All telephone and
electrical boxes shall be identified on the construction plans.
Electrical transformers shall be located toward the interior of the
project to minimize visual impacts from Harvard Avenue and Moffett
Avenue screened by adequate landscaping or other effective
screening devices.
LANDSCAPING/HARDSCAPE
(1) 8.1 Submit at plan check complete detailed landscaping and irrigation
plans for all landscaping areas, including the model complex,
consistent with adapted City of Tustin Landscaping requirements.
The plans shall include the following:
Resolution 3947
DR 04-004
Page 11
^ Include a summary table identifying plan materials. The plant
table shall list botanical and common names, sizes, spacing,
location, and quantity of the plant materials proposed.
^ Show planting and berming details, soil preparation, staking,
etc. The irrigation plan shall show location and control of
backflow prevention devices, pipe size, sprinkler type,
spacing, and coverage. Details for all equipment must be
provided.
^ Show all property lines on the landscaping and irrigation
plans, public right-of-way areas, sidewalk widths, parkway
areas, and wall locations.
^ The Community Development Department may request
minor substitutions of plant materials or request additional
sizing or quantity of materials during plan check.
^ Add a note that coverage of landscaping and irrigation
materials is subject to inspection at project completion by the
- - Community Development Department.
^ Turf is unacceptable for grades over 25 percent. A
combination of planting materials shall be used. On large
areas, ground cover alone is not acceptable.
^ Shrubs shall be a minimum of five (5) gallon size and shall
be placed a maximum of five (5) feet on center. Other sizes
and spacing may be permitted subject tot approval of the
Community Development Department.
^ Ground cover shall be planted eight (8} to twelve (12) inches
on center, or as approved by the Community Development
Department.
^ Fences, wall, and equipment areas shall be screened with
walls, vines, and/or trees.
^ All plant materials shall be installed in a healthy vigorous
condition typical to the species and shall be maintained in a
neat and healthy condition. Maintenance includes, but is not
_ _ limited to, trimming, weeding, removal of litter, fertilizing,
regular watering, and replacement of diseased or dead
plants.
^ Landscape adjacent to the right-of-way shall be in
compliance with the requirements of MCAS Tustin Specific
Plan. Perimeter walls should be treated with vines to relieve
Resolution 3947
DR 04-004
Page 12
large expanse walls with greenery and color. Vines shall be
informally grouped and installed with training devices.
^ The main entries to the project at Harvard Avenue and
Moffett Avenue shall include hardscape treatments that are
consistent with Section 2.17 of the MCAS Tustin Specific
Plan and shat! be subject to final approval of the Community
Development Department.
(1) 8.2 The screen wall and retaining wall along the boundary between
Tentative Tract Map 16582 and Peters Canyon Channel shall be
located outside of Orange County Flood Control District
(OCFCD)'s right-of-way and owned and maintained by the
homeowners association.
(1) 8.3 Major points of entry to the project, private streets, and private
drives and internal circulation shall receive specimen trees to
create an identifying theme. The final design for the portal entry at
the southeast corner of Moffett Avenue and Harvard complements
shall be coordinated with the John Laing Home site north of the
project site and consistent with Section 2.17 of the MCAS Tustin
Specific Plan with respect to species, size and location of trees,
and shrubs subject to review and approval by the Community
Development Department.
(1) 8.4 The applicant shall post a bond for design and construction of the
ultimate connection from the proposed paseos (Lots R, S and X) to
the future Peters Canyon Channel regional trail. All improvements
shall be installed upon finalization of the design of Peters Canyon
trait.
(1) 8.5 An opaque screen consisting of one or a combination of berms,
masonry walls, and landscaping integrated into an aesthetic pattern
shall be installed along site boundaries where residential uses abut
arterial or secondary highways, with the aggregate height of berms
and walls not to exceed six (6) feet, eight (8) inches, or higher as
may be required and approved to mitigate noise impacts. Screening
shall consist of one or any combination of the following
components:
Walls, including retaining walls, shall consist of concrete, stone,
brick, tile, or similar masonry material.
Berms shall be constructed of earthen materials and shall be
landscaped according to an approved plan.
• Evergreen or deciduous trees or shrubs consistent with
landscape guidelines contained in the Specific Plan. Trees shall
vary in size (minimum 24-inch box) and species to provide
Resolution 3947
DR 04-004
Page 13
u smaller broad dome trees and upright vertical trees along the
street right-of-ways consistent with the requirements of the
Urban Design Guidelines Section 2.17 of MCAS Tustin Specific
Plan and subject to final approval of the Community
Development Department.
• Landscapinglscreening at intersections shall be designed and
maintained to not restrict vehicular sight distance in accordance
with the current City of Tustin and Irvine standards.
(4) 8.6 On-site walls and fences shall be noted on the plans with specific
materials, colors, and decorative treatments. Interior wall/fences
shall be made of durable materials subject to review and approval
of the Community Development Department.
(4) 8.7 Perimeter tract walls shall be constructed of high quality materials
and complementary architecture subject to final approval of the
Community Development Department.
(1) 8.8 Trees in the landscape setbacks adjacent to public rights-of-way
shall be provided in a variety of sizes to ensure initial maturity along
- - project perimeter.
(5} 9.1 The project shall include 465 units, including 211 detached single
family dwelling units, 68 detached carriage way single family
dwelling units, 102 condominium (triplex) units, and 84
condominium (cluster four-plex) units with 42 on-site units required
to be offered as affordable units, as identified in Condition 10.1.
(1) 9.2 A separate "Private Open Space Exhibit" for the condominium units
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.
(4) 9.3 Parallel guest parking spaces, guest parking stalls, and driveway
parking spaces shalt be maintained as shown on the approved
"Parking and Circulation Exhibit." Any changes to the number,
location, or size of parking spaces shall be reviewed and approved
by the Director of Community Development.
(5) 9.4 Individual trash can service may be provided on the site. Trashcans
shall be placed only in the locations identified on the approved
"Curbside Trash Pick-up Exhibit" up to twelve (12) hours prior to
regularly scheduled trash collection and shall be removed within
twelve (12) hours of trash collection.
Resolution 3947
DR 04-004
Page 14
(1) 9.5 No outdoor storage shall be permitted during grading or building
stages, except as approved by the Community Development
Director.
(1) 9.6 During construction, permission from adjacent property owners
shall be required for any work located on adjacent properties.
AFFORDABLE HOUSING
(1) 10.1 The subdivider shall comply with the obligations contained in
Resolution No. 3946 regarding affordable housing unit and
homeless accommodation obligations and the Housing Agreement
approved by the City Council.
ORANGE COUNTY FIRE AUTHORITY
(5) 11.1 Prior to the issuance of any grading or building permits, the
applicant shall submit a Fire Master Plan to the Fire Chief for
review and approval. This plan submittal shall include fire
department access, fire hydrants, fire lane markings, water
availability far fire f{ow reports, blue reflective pavement markers,
and laddering exhibits for rescue windows on multi-story dwelling
units.
(5) 11.2 Prior to the issuance of a building permit, the applicant shall submit
plans for any required automatic fire sprinkler system in any single
structure larger than 5,500 square feet, multi-family housing or
dwellings that do not meet fire department access to the Fire Chief
for review and approval. .
(5) 11.3 Prior to the issuance of a building permit for combustible
construction, the builder shall submit a letter on company letterhead
stating that water for fire-fighting purposes and al!-weather fire
protection access roads shall be in place and operational before
any combustible material is placed on site. Building permits will not
be issued without OCFA approval obtained as a result of an on-site
inspection. Please contact the OCFA at (714) 573-6100 to obtain a
copy of the standard combustible construction letter.
(5) 11.4 Prior to the issuance of a building permit, the applicant shall submit
architectural plans for the review and approval of the Fire Chief if
required per the "Orange County Fire Authority Plan Submittal
Criteria Form." Please contact the OCFA at (714) 573-6100 for a
copy of the Site/Architectural Notes to be placed on the plans prior
to submittal.
(5) 11.5 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.
The requirement for fire alarms applies to Group R Division 1
Resolution 3947
DR 04-004
Page 15
occupancies as defined by the 2001 California Fire Code; when a
building is at least three stories in height and contains 16 or more
dwelling units. The requirement for fire sprinkler monitoring applies
to a structure when it contains 100 or more fire sprinkler heads.
NOISE
(1) 12.1 Plans for noise attenuation of residential units located near arterial
highways, which ensure that interior and exterior noise levels
(including balconies) do not exceed State and local requirements of
the City of Tustin, shall be submitted for review and approval prior
to issuance of building permits on the site including permit for the
perimeter sound walls.
(1) 12.2 In accordance with the noise analysis, all units that are required to
include air conditioning units to achieve the minimum interior noise
level standards shall have these units installed prior to final
inspection.
(i) 12.3 The applicant shall submit a detailed plan showing the detail length
and height, grading details, and type of materials for the sound
-~ - walls along Moffett Avenue, Harvard Avenue and adjacent to the
Peters Ganyon Channel for review and approval of the Community
Development Department.
ENVIRONMENTAL
(1) 13.1 All mitigation measures related to the project that are required by
the Mitigation Monitoring Program for the project, identified in this
exhibit and in other project entitlements, shall be implemented.
Additional measures related to development of this project as noted
in the adopted EIS/EIR and are not previously identified in this
exhibit as a condition of approval are required as follows:
A. Prior to issuance of any permits, the developer shall retain a
County-certified archaeologist. If buried resources are found
during grading within the reuse plan area, a qualified
archaeologist would need to assess the site significance and
perform the appropriate mitigation. The Native American
viewpoint shall be considered during this process. This
could include testing or data recovery. Native American
consultation shall also be initiated during this process.
B. The developer shall comply with the requirements
established in a Palentological Resource Management Plan
(PRMP) prepared for the site, which details the methods to
be used for surveillance of construction grading, assessing
finds, and actions to be taken in the event that unique
paleontological resources are found.
Resolution 3947
DR 04-Q04
Page 16
C. Prior to the issuance of any permit, the applicant shall
provide written evidence to the Community Development
Department that aCounty-certified paleontologist has been
retained to conduct salvage excavation of unique
paleontological resources if they are found.
D. Prior to issuance of any permit, the developer shall provide
traffic operations and control plans that would minimize the
traffic impacts of proposed construction activity. The plans
shall address roadway and lane closures, truck hours and
routes, and notification procedures for planned short-term or
interim changes in traffic patterns. Such plans shall
minimize anticipated delays at major intersections. Prior to
approval, the City of Tustin or the City of Irvine, as
applicable, shall review the proposed traffic control and
operations plans with any affected jurisdiction.
The applicant shall comply with all City policies regarding
short- term construction emissions, including periodic
watering of the site and prohibiting grading during second
stage smog alerts and when wind velocities exceed 15 miles
per hour.
G. The developer shall coordinate with the Tustin Police
Department to ensure adequate security provisions are
implemented.
FEES
(1)(5) 14.1 Prior to issuance of each 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 plan check and permit fees to the Community
Development Department based on the most current schedule
at the time of permit issuance.
b. Engineering plan check and permit fees to the Public Works
Department based on the most current schedule at the time of
permit issuance.
c. Orange County Fire Authority plan check and inspection fees
to the Community Development Department based upon the
most current schedule at the time of permit issuance.
d. Major Thoroughfare and Bridge Fees to the Tustin Public
Works Department based on the most current schedule at
Resolution 3947
D R 04-004
Page 17
the time of permit issuance. The current fee is $2,910 per
single-family unit and $1,694 per multiple family unit.
e. Water and sewer connection fees to the Irvine Ranch Water
District.
f. Transportation System Improvement Program (TSIP), Benefit
Area "B" fees in the amount of $3.31 per square foot of new or
added gross square floor area of construction or
improvements to the Community Development Department.
g. New development tax fee in the amount of $350.00 per unit.
h. School facilities fee in the amount as required by Irvine Unified
School District.
Other applicable parkland in-lieu fees and Tustin Legacy
Backbone Infrastructure Program fees as specified in
Resolution No. 3946.
(1) 14.2 Within forty-eight (48) hours of final approval of the 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 C~uality Act could be significantly lengthened.
Attachment D
Council Resolution No. 05-37
RESOLUTION NO. 05-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING TENTATIVE TRACT MAP 16582 TO
SUBDIVIDE 86.26 ACRES FOR THE PURPOSE OF
DEVELOPING 465 RESIDENTIAL UNITS WITHIN
PLANNING AREA 21 OF THE MCAS-TUSTIN SPECIFIC
PLAN (MCAS TUSTIN REUSE PLAN PARCEL 35 AND
PARCEL 36}
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. That a proper application for Tentative Tract Map No. 16582 was
submitted by Moffett Meadows Partners, LLC requesting the subdivision of
a 86.26 acre site, into 286 numbered lots and 69 lettered lots for the
purpose of developing 465 residential units, including 211 single family
detached units, 68 carriage way single family detached units, and 186
condominium units within a portion of Planning Area 21 of the MCAS
Tustin Specific Plan on MCAS Tustin Reuse Plan Disposal Parcels 35 and
- Parcel 36, generally bounded by Harvard Avenue to the east, Moffett
Avenue to the north, the Peters Canyon Flood Control Channel to the
west, and Warner Avenue to the south;
B. That a public hearing was duly called, noticed, and held for said map on
January 24, 2005 and continued to February 14, 2005, by the Planning
Commission;
C. That a public hearing was duly called, noticed, and held for said map an
February 7, 2005 and continued to February 22, 2005, by the City Council;
D. As conditioned, the proposed subdivision will be in conformance with the
Tustin Area General Plan, MCAS Tustin Specific Plan as proposed to be
amended by Zone Change 04-002, State Subdivision Map Act and the
City's Subdivision Gode, with the exception of MCAS Tustin Reuse Plan
Disposal Parcel 36 currently within the City of Irvine, which conforms to
General Plan Amendment 04-001 and Zone Change 04-001, to be
considered by the City Council;
E, The proposed subdivisian is in conformance with MCAS Tustin Specific
Plan as amended by Resolution No. 05-36 for approval of Specific Plan
Amendment/Zone Change 04-002.
F. That the site is located in Planning Area 21 of the MCAS Tustin Specific
Plan, which is designated for Low Density Residential on MCAS Tustin
Resolution No. 05-37
Page 1 of 30
Reuse Plan Disposal Parcel 35 and Parcel 36. Parcel 36 is currently
located in the City of Irvine and proposed to be annexed to City of Tustin
in the near future under separate action, and that the development and as
conditioned will be physically suitable for the type of development and
proposed density of development;
G. The applicant will be required to provide funding towards the project's fair
share of Tustin Legacy Backbone Infrastructure Program, which includes
improvements that are required to serve new development at MCAS-
Tustin, including but not limited to roadway improvements; traffic and
circulation mitigation to support development at the former MCAS-Tustin
project; domestic and reclaimed water; sewer; telemetry systems; storm
drains and flood control channels; retention and detention systems, open
space and public recreational facilities and; utility backbone systems.
H. That the proposed subdivision would not have an impact on school district
facilities within the Irvine Unified School District in that school impacts for
development were considered in the MCAS Reuse Plan and in a 1996
"Agreement between the City of Tustin and Irvine Unified School District
Regarding Transfer of School Site and other Mitigation Measures" which
identified a school facility site that will be conveyed to the Irvine Unified
School District by the Federal Department of Education to serve
development of property at the former MCAS Tustin. The Agreement, the
MCAS Tustin Specific Plan, and the Final Joint Program Environmental
Impact Statement/Environmental Impact Report (FEIS/ElR) and conditions
of approval of the proposed subdivision also require proof of payment of
appropriate school fees as adopted by the Irvine Unified School District
prior to issuance of certificates of use and occupancy, which will be
collected prior to issuance of building permits in accordance with the City's
procedures;
That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife in their habitat;
The proposed subdivision is not located within a 100-year flood plain
according to the Federal Emergency Management Agency map for the
area dated August 9, 2002. The applicant is required to pay fair-share
contribution as part of the Tustin Legacy Backbone Infrastructure Program
to satisfy the obligations identified in Agreement No. D02-119 between the
Orange County Flood Control District and the City of Tustin and as
amended on June 8, 2004, related to the improvements required of the
Peters Canyon Channel adjacent to Parcel 35. Improvements to Peters
Canyon Channel adjacent to Parcel 36 will be the responsibility of the
developer, including all jurisdictional wetland mitigation, subject to the
provisions of a Cooperative Agreement between the developer and the
City of Tustin.
Resolution No. 05-3?
Page 2 of 30
K. That development of the site will require the developer to dedicate in fee
title of property to the City of Tustin, including adjacent to the Peters
Canyon Channel for future channel widening and regional trail
improvements and along Harvard Avenue for improvements in the public
right-of-way to ensure access to the project and the provision of planned
infrastructure; and,
L. To ensure there is adequate infrastructure to support buildout of the
project, construction of all public infrastructure and in-tract private streets
and utility systems is required within the initial phase of development. In
addition, to ensure orderly development and the systematic provision of
required affordable housing, construction phasing of affordable units will
be required to be reasonably proportionate to market rate units.
M. That the MCAS Tustin Specific Plan requires the provision of affordable
housing affordable to very low, low, and moderate income level persons.
The applicant has submitted a request for incentives for the development
of affordable housing (i.e., density bonus) in Planning Areas 4 and 5 and
has requested the transfer of eight (8) very low income units and
seventeen (17) low income units from Planning Area 21 to Planning Area
5. A total of twelve (12) very low units and thirty (30} moderate income
units would be provided in the development. In accordance with Section
3.9.4.1.3.E of the MCAS Tustin Specific Plan, which provides for the
transfer of affordable housing unit obligations to an off-site location at the
City's sole discretion, the transfer of these units is appropriate in that they
are proposed to be located in condominium and senior housing projects in
Planning Area 5, which will offer equivalent housing opportunities. The
applicant will also be required to enter into a Housing Incentive Agreement
to ensure the provision of affordable housing within the tract.
N. That Section 3.9.4.1.3b of the MCAS Tustin Specific Plan requires the
provision of twelve (12) transitional housing units to implement the
Homeless Accommodation Strategy approved by the City of Tustin and
the Department of Housing and Urban Development (HUD). As
conditioned, twelve (12) very low units shall be located on Parcel 35 within
Planning Area 21 and designated for Homeless Providers and the
applicant will be required to execute agreements with two Homeless
Providers prior to issuance of building permits to ensure these units are
made available for transitional housing at no cost to each provider. In the
future, transfer of the twelve (12) transitional units to Planning Area 5 can
be approved by the Community Development Director upon execution of
an agreement between the City of Tustin, the developer, and the
Homeless Providers. In addition, to satisfy the transitional housing
obligation far Parcel 36, the applicant is required to provide for the transfer
of 14 units to Families Forward, at no cost, to Families Forward for the
Resolution No. 05-37
Page 3 of 30
provision of transitional housing for the homeless on Parcel 37 in Irvine or
an acceptable location elsewhere as may agreed to in writing between the
City of Tustin, City of Irvine and Families Forward.
O. That the MCAS Tustin Specific Plan process included public conveyances
of City parks and an Urban Regional Park and individual developers were
relieved of the requirement to dedicate land far park purposes; however,
the developer is required to provide funding toward the project fair share
of Tustin Legacy open space and recreational facilities including payment
of a parkland dedication in-lieu fee subject to the provisions of the MCAS
Tustin Specific Pian and the City's parkland dedication ordinance (Section
9331 of the Tustin City Code), which permits a credit for public
recreational open space if affordable housing is being pravided. The
subdivider is providing 6.19 acres of private parkland (Lot 237, 2.11 park
site, Lot R, 1.39 open space/paseo, Lot BC, 2.69 linear park site) in the
proposed subdivision and would be eligible for a waiver of parkland
dedication fees pursuant to Section 9931 d(1)(c) of the Tustin City Gode far
the forty-two (42) affordable housing units to be provided in the
subdivision and a credit for 2.35 acre parkland that will be provided and
accessible to the public on the private park site through public easements
on the development site. It is appropriate to waive a portion of the fees
since affordable housing units will be provided within Planning Area 21
and provide a credit far a portion of the park areas that will be accessible
to the general public.
P. That the Building Official has considered and approved deviations to the
Private Improvement Standard to allow turning radii of less than 25 feet for
private drives based on the submitted Circulation Plan for a forty (40) foot
long moving truck with an effective width of eight (8) feet.
Q. That a Final Environmental Impact Statement/Environmental Impact
Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/E!R) was
prepared and certified, which considered the development of low density
development within Planning Area 21. A checklist was prepared that finds
all potential impacts of the project were addressed by the certified
FEIS/EIR and no additional impacts have been identified; all applicable
mitigation measures in the FEIS/EIR have been included as conditions of
approval. The City Council has adopted Resolution No. 05-35 finding that
the FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan
adequately addressed all potential impacts related to the subdivision.
II. The City Council hereby approve Tentative Tract Map 16582 for the subdivision
of a 86.26 (gross) acre site into 286 numbered lots and 69 lettered lots for the
purpose of developing 465 residential units; (211 Single Family Detached units,
68 Carriage Way units, and 186 condominium units) within a portion of Planning
Area 21 (Parcel 35 and Parce! 36), subject to the conditions contained in Exhibit
Resolution No. 05-37
Paga 4 of 30
A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 22"d day of February, 2005.
.~' ~j~
LOU BONE
Mayor
P LA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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. 05-37 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 22nd day
of February, 2005, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
BONE, DAVERT, AMANTE, HAGEN,ICAWASHIMA (5)
NONE (0)
NONE
NONE (0)
PAM STOKER
City Clerk
Resolution No. 05-37
Page 5 of 30
EXHIBIT A -TENTATIVE TRACT MAP 16582
RESOLUTION NO. 05-37
CONDITIONS OF APPROVAL
GENERAL
(1 } 1.1 Within 24 months from tentative map approval, the subdivider shall record
with appropriate agencies, a final map prepared in accordance with
subdivision requirements of the Tustin Municipal Code, the State
Subdivision Map Act, and applicable conditions contained herein unless
an extension is granted pursuant to Section 9335.0$ of the Tustin
Municipal Code. Prior to submittal for initial City review, all corrections
noted herein shall be made. If multiple final maps are proposed, each
map shall comply with all requirements herein and the requirements for
phasing set forth in Condition 2.1.
(1) 1.2 Resolution No. 05-37 shall become null and void in the event that General
Plan Amendment 04-001 and Zone Change 04-001 as it affects Parcel 36
and any proposed improvements on Parcel 36 incluaing any
improvements which straddle the boundary between Parcel 35 and Parcel
36 and Resolution Nos. 3945, and 3947 approving Concept Plan 03-004,
Design Review 04-004, and the Affordable Housing Plan and Density
Bonus Application, which includes the transfer of required affordable
housing units from Planning Area 21 to Planning Area 5, are not approved
by the City Council. If Resolution No. 05-37 becomes null and void, the
applicant shall submit a new tentative tract map that will only encompass
Parcel 35 and all related development far review and approval of the City
Council.
(1 } 1.3 Resolution No. 05-37 as it affects parcel 36 shall not become effective
until Annexation 159 for the annexation of MCAS Tustin Reuse Plan
Disposition Parcel 36 becomes effective and the annexation shall occur
prior to the approval of Final Map 16582.
(1) 1.4 Approval of Resolution No. 05-37 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.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CE(2A MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODES (7) PC/CC POLICY
(4) DESIGN REVIEW "' ExCEPTION
Resolution No. 05-37
Page 6 of 30
(1) 1.5 The final tract map(s) shall be developed in accordance with Resolution
Nos. 05-35, 05-36, 05-37 approving the environmental Checklist and
Specific Plan Amendment/Zone Change 04-002, and Tentative Tract Map
16582, and the Affordable Housing Plan and Density Bonus Application,
which includes the transfer of required affordable housing units from
Planning Area 21 to Planning Area 5, and Planning Commission
Resolutions Nos. 3945, and 3947 approving Concept Plan 03-004, and
Design Review 04-004, and all applicable requirements of the MCAS
Tustin Specific Plan, Tustin City Code, and applicable policies and
guidelines. All conditions of approval herein, as applicable, shall be
satisfied prior to recordation of a final map or as specified herein.
(1) 1.6 The subdivider shall comply with all applicable requirements of the State
Subdivision Map Act, and the City's Subdivision ordinance, the MCAS
Tustin Specific Plan, the Tustin City Code, applicable City of Tustin
guidelines and standards and applicable mitigation measures identified in
the certified FEIS/EIR, and other agreements with the City of Tustin unless
otherwise modified by this Resolution or Resolution Nos. 05-35 and 05-36.
(5) 1.7 Prior to recordation of the first final map, or issuance of the first building
permit, whichever occurs first, the subdivider shall be required to execute
bonds or pay fees for grading permits, Quimby Act obligations, and the
developer's Fair Share of Tustin Legacy Backbone Infrastructure Program
improvements as determined by the Tustin City Council, required to be
made by the developer pursuant to City procedures.
(1) 1.8 Prior to recordation of the final map, the subdivider shall execute a
subdivision and monumentation agreement and furnish the improvement
and monumentation bonds as required by the City Engineer.
(1) 1.9 Prior to final map approval by the City Council, the subdivider shall
execute ahold-harmless agreement and provide a Certificate of Insurance
pursuant to Section 9325 of the Tustin City Code.
(1) 1.10 Subdivider shall not oppose any future creation of a landscape and
lighting district for maintenance within the public right-of-way or of public
parkland, a community facilities district for funding of Tustin Legacy
backbone infrastructure or municipal service provision to the project site,
or a future community facilities district for school purposes.
(1) 1.11 Prior to final map approval, the subdivider shall submit:
A. A current title report; and,
B. A duplicate mylar of the Final Map, or 8'fz inch by 11 inch
transparency of each map sheet and "as built°' grading, landscape,
and improvement plans prior to Certificate of Acceptance
Resolution No. 05-37
Page 7 of 30
(1) 1.12 Upon recordation of any final map or submittal of an application for
building permits, the applicant shall obtain new addresses for all lots and
buildings from the Engineering Division.
(1) 1.13 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 or from any potential flooding impacts from
the adjacent Peters Canyon Flood Control Channel. The City agrees to
promptly notify the applicant of any such claim or action filed against the
City and to 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.
(1) 1.14 As required by Amendment No. 1 to the Joint Cooperative Agreement
between the City, the County of Orange, and the Orange County Flood
Control District (OCFCD), the applicant shall: indemnify and defend the
City of Tustin, the County of Orange ("County") and the Orange County
Flood Control District ("District") against any claims, Loss, liability or
damages arising from damage to property or injury to persons resulting
from flooding and/or erosion within Tract 16582. The applicant shall
ensure that it has adequate assets in existence to fund this obligation until
completion of the future widening and Peters Canyon Channel
Improvements. These defense and indemnify obligations do not extend to
any loss, liability, or damages established by a court of competent
jurisdiction to be cause by the County's or District's negligence or willful
misconduct in the design or maintenance of existing flood control
improvements in the Peters Canyon Channel, provided the failure to
improve Peter's Canyon Channel adjacent to Parcels in the City of Tustin
and City of Irvine will not constitute negligence or willful misconduct on the
part of the District or County.
In addition, the developer shall provide interim erosion protection along
Peters Canyon Channel within the approximate 40 foot proposed right-of-
way currently owned by the Department of Navy adjacent to Panel 35 and
the 40 foot dedication adjacent to Reuse Disposal Parcels 35 and 36.
(1) 1.15 The Developer shall accommodate, at various locations on the Developer
Parcel as approved by Community Development, pedestrian and bicycle
connections to the regional bike trail on Peters Ganyon Channel, Harvard
Avenue, Moffett Avenue, and proposed improvements along Warner
Resolution No. 05-37
Page 8 of 30
Avenue within the City of Irvine. The final map shall include a perpetual
easement in favor of the City, its successors and assigns, in form and
substance acceptable to the City in its sole discretion and at no cost to the
City, providing pedestrian and bicycle access to the public upon and
across the full length of any foregoing pedestrian and bicycle connections
on the Developer Parcel as they connect to adjoining bike paths.
Notwithstanding the foregoing, the Developer and its successors and
assigns shall retain responsibility for maintenance and repair of the
foregoing pedestrian and bicycle connections constructed on the
Developer Parcel.
(1) 1.16 Unless otherwise agreed to by the City in its sole discretion, property
within the tract or any street or sidewalk or alleyway thereon shall not be
privately gated; provided however, that any swimming pool and/or spa
facility within the Common Area and any indoor Common Area
Improvement, including any clubhouse and bathrooms, may be gated or
locked and made available solely to residents of the Project and their
guests.
(*) 1.17 Approval of Tentative Tract Map 16582 shall be contingent upon
conditions of approval cantained within Planning Commission Resolutions
3943, 3944, 3945, 3946, and 3947, as applicable.
PROJECT PHASING/AFFORDABLE HOUSING.
(1) 2.1 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 CP-7 (Phasing Plan),
unless a modified phasing plan for in-tract private streets and utility
systems only is reviewed and approved by the Building Official and the
Orange County Fire Authority in compliance with all applicable codes and
standards including the California Fire Code for access and water supply
during construction and occupancy of production units. However, said
modified phasing plan for in-tract private street and utility improvements
only shall not impact any other condition contained herein or any other
Ci#y approval. 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., drives within condominium projects) and utilities shall
be constructed at the time of project development.
(1) 2.2 The developer shall develop, market and sell Moderate income
("affordable units") in the project area and shall construct such units in
approximately the same proportion to the market rate units as shown on
the Phasing Plan and as per the conditions of approval contained herein
Resolution No. 05-37
Page 9 of 30
including Condition 2.1. If there is any deviation from provisions contained
herein and in Condition 2.1, no additional building permits shall be issued
until compliance with said provisions. This information shall be disclosed
to all home builders or with each final conveyance map.
(1) 2.3 Prior to recordation of the first final map including a conveyance map, or
issuance of first building permit, whichever occurs first, the applicant shall
enter into a Housing Agreement with the City to insure implementation of
the Affordable Housing requirements of the Specific Plan, the City's
Density Bonus Ordinance, the City approved "Affordable Housing Plan,
Density Bonus Application, and the City's Affordable Housing Policy and
compliance with California Health and Safety Code Section 33413(b)(2). A
minimum of thirty (30) units shall be sold to moderate income households
and no fewer than twelve (12) transitional units within the very low income
category shall be conveyed to homeless providers for transitional housing
for assistance to homeless (Human Options and Orange County Interfaith
Shelter). Eight (8) very low income units and seventeen (17) low income
units are approved for transfer to Planning Area 5. As part of the Housing
Agreement, affordable covenants and other agreements shall be required
to be recorded against each unit and will be binding an properties upon
sale of transfer of units for a minimum of 45 years.
(1) 2.4 Prior to issuance of building permits or recordation of the first final map,
whichever is earlier, the applicant shall provide signed agreement
acceptable to the City of Tustin in from and content between the City of
Tustin, the applicant, and three individual homeless service providers
including Human Options, Orange County Interfai#h Shelter and Families
Forward. The individual agreements with Human Options and the Orange
County Interfaith Shelter shall provide that the applicant convey six (6)
units to Human Options and 8 units to the Orange County Interfaith
Shelter, at no cost, for the provision of transitional housing to the
homeless on the subject site or an acceptable alternative location
elsewhere as may be agreed to in writing between the City of Tustin,
applicant and each of these homeless providers. The agreement between
the City of Tustin, the applicant and Families Forward shall provide for the
transfer of 14 units, at no cost, to Families Forward for the provision of
transitional housing for the homeless on Parcel 37 in Irvine or an
acceptable location elsewhere as may agreed to in writing between the
City of Tustin, City of Irvine and Families Forward.
(1) 2.5 Prior to the issuance of any building permits, the applicant shall execute
an agreement with the City of Tustin to ensure that the affordable housing
units that were required on Parcel 36 and are being transferred by the City
of Irvine to Parcel 37 will be provided in Irvine. The agreement shall
include an indemnification of the City of Tustin for not imposing any
affordability requirements on Parcel 36. In the event that this agreement is
Resolution No. 05-37
f~age 10 of 30
not executed, the applicant shall amend the Affordable Housing Plan to
provide twenty-one (21) affordable units on Parcel 36, which include eight
(8) very low income units, five (5) low income units, and eight {8)
moderate Income units.
(1) 2.6 The developer shall submit to the City Affordable Housing Purchaser
Selection and Criteria Plan for Redevelopment Agency review and
approval 30 days prior to approval of a final map or issuance of a building
permit. The City will approve or disapprove the Affordable Housing
Purchaser Selection and Criteria Plan within 20 calendar days. Tihe
developer shall initiate marketing and sales of the Affordable Housing
units after City's approval of Developer's Affordable Housing Purchaser
Selection and Criteria Plan. Sale of Affordable Housing units can begin
after final map recordation and all necessary California Department of
Real Estate approvals. The developer shall submit to City individual
escrow instructions for buyers of Affordable Housing units and all other
related documents at least 20 calendar days prior to close of escrow of
individual Affordable Housing units and with submission of individual
escrow instructions and related items by developer to City. The City sill
approve or disapprove individual escrow instructions and related items for
buyers of Affordable Housing units within 10 calendar days of following
submission by developer.
CONDITIONS FOR NON-BACKBONE INFRASTRUCTURE IMPROVEMENTS
The following genera! conditions apply to Tustin Legacy Non-Backbone Infrastructure
improvements, as specified in each condition to ensure coordinated design,
construction, and operation of all on and off-site infrastructure and utility systems.
(1) 3.1 Separate 24" by 36" street improvement plans for all Tustin Legacy Non-
Backbone Infrastructure Improvements identified in the following
Conditions and other public improvements, as prepared by a California
Registered Civil Engineer, shall be required for all design and construction
within the public right-of--way, including, but not limited to, the following:
A. Curb and gutter at the project entries on Harvard Avenue and on
Moffett Avenue;
B. Sidewalk on Harvard Avenue and Moffett Avenue, including curb
ramps for the physically disabled: The project shall comply with City
of Tustin Standard Plan No. 204 for construction of meandering
sidewalks and shalt comply with ADA accessibility requirements for
all proposed sidewalk grades on public streets. All public sidewalks,
paseos, and trail facilities shall comply with the provisions of the
American with Disabilities Act. This may require ramps at Moffett
Resolution No. 05-37
Page 11 of 30
and Harvard Avenue to be replaced to comply with the American
with Disabilities Act;
C. Catch basinsl storm drain laterals! cannections to the existing storm
drain system with approval of Orange County Flood Control District
(OCFGD);
D. Domestic water facilities and reclaimed water facilities: The
domestic water system shall be designed and installed to the
standards of the Irvine Ranch Water District. 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 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
Irvine Ranch Water District ;
E. Sanitary sewer facilities: all sanitary sewer facilities must be
submitted as required by the City Engineer and Irvine Ranch Water
District (IRWD}. These facilities shall include a gravity flow system
per the standard of the Irvine Ranch Water District;
F. Landscapelirrigation;
G. Underground utility connections: All utility lines shall be placed
underground by the developer
H. Fire, hydrants;
Demolition and removal of any abandoned utilities at the entire site
including within the public right-of-way.
J. Design and installation of traffic signal at Harvard Avenue and Lot
"BN" (main entry),
K. Design and installation of the traffic signal at Moffett Avenue and
"e" Street.
L. The developer shall design and construct or bond for design and
construction of Peters Canyon Channel Improvements adjacent to
Reuse Disposal Parcel 36 (annexed to Tustin} and any transitional
facilities necessary for transition to Peters Canyon Channel
improvements being constructed by Irvine in conjunction with the
design and construction bonding for such channel in Irvine
Resolution No. 05-37
Page 12 of 30
improvements to be made by the applicant.
Consistent with City of Irvine conditions of approval far Parcel 37
Tract 16662 in Irvine, prior to recordation of the first final map, the
applicant shall construct, or enter into an agreement and post
security, in a form and amount acceptable to the City Engineer,
guaranteeing the construction of the storm drain facilities to serve
the site and improvements to Peters Canyon Channel adjacent to
Parcel 36 subject to Orange County Flood Control requirements to
transition to channel widening required adjacent to Parcel 37,
including all jurisdictional wetland mitigation measures which may
be required. Said improvements shall be designed and constructed
consistent with design and construction of the segment of channel
to the north and consistent with the Runoff Management Plan
(ROMP) approved plan by the Orange County Flood Control District
(OCFCD). In addition, the applicant is required to install all
infrastructure and landscape improvements for the future extension
of the Peters Canyon trail within Lot "BQ."
All public access easements outside of the existing or proposed street
rights-of-way shall be clearly shown and labeled on the plans and street
sections and design and placement of utilities such as light poles, street
furniture, traffic lights, etc. will be subject to design parameters established
by the City.
In addition, a 24" by 36" reproducible construction area traffic control plan,
as prepared by a California Registered Traffic Engineer or Civil Engineer
experienced in this type of plan preparation, shall be required.
{5) 3.2 All public improvemen#s, including, but not limited to, water supply,
sanitary sewer facilities, reclaimed water supply, storm water drainage,
electrical service, gas service, and other facilities and utilities shall comply
with the City of Tustin General Plan, the MCAS Tustin Specific Plan, City
development standards and guidelines, and all conditions contained
herein, including, but not limited to, the fallowing:
A. The project shall comply with City of Tustin Standard Plan No. 204
for construction of a meandering sidewalk along Harvard Avenue
and ADA accessibility requirements for all proposed sidewalk
grades on public streets.
B. All landscape setbacks shall be consistent with the City of Tustin
MCAS Specific Plan.
C. Adequate horizontal and vertical intersection sight lines shall be
provided and shown on the grading plan and landscape plan. A
Resolution No. 05-37
Page 13 of 30
minimum 25 foot by 25 foot limited use area triangle shall be
provided to ensure adequate sight lines at all driveways and the
applicant shall comply with City of Tustin's Standard Drawings and
Design Standards for Public Works Construction No. 510 for all
public and private intersection sight distances and limited use area
requirements for the project's streets.
{1) 3.3 Prior to any final map recordation, the development applicant shall enter
into an agreement with the City of Tustin and any appropriate regional
utility agencies, districts, and providers, as applicable, to dedicate all
easement, rights-of-way, or other land determined necessary to construct
adequate utility infrastructure and facilities to serve the project including
but not limited to: IRWD, City of Irvine, SCE, The Gas Company, OCFCD,
SBC, Cox Communications, etc.
{1) 3.4 The applicant shall submit a complete hydrology study and hydraulic
calculations to the City for review and approval.
(1) 3.5 The applicant shall provide sufficient documentation to the satisfaction of
the City Engineer and County of Orange for that the existing storm drain
systems that have the capacity to convey the proposed development
storm water runoff as well as any other runoff planned to be conveyed to
the existing drain as identified on any approved specific plans, including
the connection to any existing Storm Drain in Moffett Drive, and
demonstrate that the existing storm drain or any new storm drains comply
with City Standards for Public Street Improvements.
(1) 3.6 The minimum pipe diameter for all public storm drains shall be 24-inch.
(5) 3.7 All storm drains to be constructed within or adjacent to the development
shall be designed per the applicable Orange County Flood Control
District's (OGFCD) and City of Tustin standards.
(5) 3.8 The applicant shall provide a 100-year storm drainage study for review
and approval to the Gity of Tustin showing the maximum water surface
elevations far all locatians and a second study showing secondary
overflow discharge locations based upon the OCFCD requirement to
analyze all grated inlet locations with 100% plugging (per the County's
Local Drainage Manual requirements). For all desiign and construction of
connections to Peters Canyon Channel, the plans and specifications shall
be reviewed and approved by the Orange County Flood Gontrol District.
(1) 3.9 The combination wall along Peters Canyon Wash shall be designed to
account for the ultimate 100-year storm high water level along and
consider potential scouring if the flood control facility's 100-year storm
water level exceeds the existing channel capacity.
Resolution No. 05-37
Page 14 of 30
(1) 3.10 The applicant shall be responsible for design and construction of any
storm drain ar other drainage facilities necessary to comply with the City's
Runoff Management Plan for Tustin Legacy.
(1) 3.11 All proposed utilities and storm drain lines shall be labeled as being either
private or public, subject to approval by the Public Works Director and
applicable utility providers.
(1) 3.12 The minimum grade on gutter flow lines shall be 0.4 percent (including the
flaw line grades in street tapers and horizontal curves). Construction of
catch basins, storm drains laterals and junction structures shall be
required to eliminate the need far cross gutters on public streets.
{1) 3.13 Prior to issuance of an encroachment permit, preparation of a
sedimentation and erosion control plan for all work related to this
development shall be submitted to the City for review and approval.
(1) 3.14 Prior to issuance of grading permits, preparation and submittal of a final
grading plan shall be provided to the City of Tustin for review and approval
showing all pertinent elevations as they pertain to the public right-of-way
along with delineating the following information:
A. Final street elevations at key locations;
B. Final pad/finished floor elevations and key elevations for all site
grading as established by the approved hydrology report and
elevations provided by the Orange County Flaod Control District. All
pad elevations to be a minimum of 1.0 foot above base flood
elevation as defined by FEMA.
C. All flood hazards of record.
(1) 3.15 The applicant shall design and install the traffic signal at the intersection of
Moffett Avenue and the project access as shown in the approved Traffic
Study for this project. The applicant will be subject to 50% reimbursement
of these costs from the John Laing Homes Tract No. 16507.
(1) 3.16 Prior to submittal of roadway improvement plans, the applicant shall
submit to the City far review and approval preliminary striping plans far the
project's two private street entry roadways (off of Harvard Avenue and
Moffett Drive) showing all lane widths and traffic lane transitions lengths
(for the Harvard Avenue entry) and the external and internal intersections'
lane geometry. At a minimum, 20-foot wide pavement sections shall be
provided adjacent to both sides of the landscape median islands at both
private entries.
• Resolution No. 05-37
Page 15 of 30
(1) 3.17 The applicant shall be responsible far abandoning and removing all
existing utilities within the current and proposed roadway sections.
{1) 3.18 Prior to the start of final design of the perimeter public street
improvements, the applicant shall submit a preliminary landscape plan for
Harvard Avenue and Moffett Avenue to the City for review and approval.
{1) 3.19 Prior to recordation of the first final map, the applicant shall be required to
enter into a landscape maintenance agreement with the City of Tustin for
all parkway improvements within public right-of-way along Harvard
Avenue, Moffett Avenue and Lot "BG2, "and far the landscaped areas of
Parcel 1-B-3 to be retained in ownership by the City.
(1) 3.20 Prior to recordation of the first final map, the applicant shall secure an
access easement for maintenance of the exterior portions of the wall
adjacent to the future Peters Canyon Channel right-of-way.
(1) 3.21 The applicant shall ensure that the site has adequate flood protection and
runoff from the development will not result in adversely impacting
downstream facilities.
{1) 3.22 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 DepartmentlEngineering
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 must be in AutoCAD "DWG" format (i.e.,
produced using AutoCAD or AutoCAD compatible CADD software). The
most current version of AutoCAD is Release 2004. Drawings created in
AutoCAD Release 2000 are compatible and acceptable.
The CADD files shall be submitted to the City at the time the plans are
approved and updated CADD files reflecting the "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.
TUSTIN LEGACY BAGKBONE INFRASTRUCTURE PROGRAM
(1) 4.1 This Subdivision necessitates the construction of certain infrastructure
Resolution Na. 05-37
Page 16 of 30
improvements as outlined in the Tustin Legacy Backbone Infrastructure
Program for the former MCAS Tustin. The applicant shall fund its Fair
Share Contribution to the Tustin Legacy Backbone Infrastructure and shall
provide security satisfactory to City to insure that the entire Fair Share
Contribution is paid to the City including amounts due for the Government
Parcels within the City of Irvine as required in the Cooperative Agreement
between the City of Tustin and Marble Mountain Partners LLC, dated
February 7, 205. Where the applicant is required to design and construct
Legacy Backbone infrastructure as a condition of approval, the applicant
shall be reimbursed pursuant to the cooperative agreement.
{5) 4.2 The developer shall pay to the City of Tustin its fair-share contribution
towards the Tustin Legacy Backbone Infrastructure Program to satisfy the
obligations identified in Cooperative Agreement No. D02-119 between the
County, Orange County Flood Control District and the City of Tustin for
Parcel 35. Please note that improvements to Peters Canyon Channel
adjacent to Parcel 36 will be the responsibility of the developer, including
all jurisdictional wetland mitigation, subject to the provisions of a
Cooperative Agreement between the developer and the City of Tustin.
PRIVATE IN-TRACT IMPROVEMENTS
(3) 5.1 Prlor to the issuance of precise grading permits or infrastructure
construction plans, plans prepared by a California Registered Civil
Engineer shall be required for review and approval all private, on-site
construction. All design and construction of improvement work shall
incorporate applicable conditions contained within Resolution No. 3947
and 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:
A. Curbs and gutters on all streets;
B. Sidewalks on all streets, including curb ramps far the physically
disabled; all sidewalks, pathways, paseos, and trails shall comply
with the provisions of the American with Disabilities Act;
C. Drive aprons;
D. Signing/striping plan;
E. Street and drive aisle paving; all private streets, drive aisles, and
curb return radius shall be consistent with the City's design
Resolution No. 05-37
Page 17 of 30
standards for private street improvements, unless otherwise
approved by the Building Ofhcial, and all roadway and driveway
widths and parking area widths (and lengths where appropriate)
shall be dimensioned on the plans;
F. Catch basin/storm drain laterals/connections to the public storm
drain system with approval of the Orange County Flood Control
District;
G. Domestic water facilities and reclaimed water facilities: The
domestic water system shall be designed and installed to the
standards of the Irvine Ranch Water District. 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
Irvine Ranch Water District (IRWD);
H. Sanitary sewer facilities: All sanitary sewer facilities must be
submitted as required by the Building Official and Irvine Ranch
Water District (IRWD). These facilities shall be consistent with the
standards of the Irvine Ranch Water District;
I. Underground utility connections: All utility lines shall be placed
underground by the developer;
J. Fire hydrants;
K. Demolition/removal of utilities in accordance with the
demolition/severance plan as required herein;
l.. 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 upan said operator for the provision of these facilities; and,
(3) 5.2 Prior to the issuance of building permits, construction plans, as prepared
by a California Registered Civil Engineer, shall be reviewed and approved
by the Community Development Department far the following private
improvements:
A. Street lighting: The private street lighting system shall be reviewed
and approved by the City of Tustin and Southern California Edison;
Resolution No. 05-37
Page 18 of 30
B. Landscape/irrigation;
C. Trash facilities; the applicant shall provide commercial trash
collection and obtain approval from the Engineering Division for the
location, size, and trash enclosures.
{1) 5.3 All improvement work shall be 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.
(1) 5.4 A detailed hydrology and hydraulic analysis for 25-year and 100-year
storm frequencies shall be provided for both the existing and proposed on-
site conditions to determine any requirements for on-site storm water
retention/detention and facility sizing. The applicant shall be required to
accept upstream storm water that would historically cross the property and
detainlretain on the property such upstream water so that the release of
said water into downstream regional flood control systems does not
exceed historical flow rates or the downstream capacity of such systems.
Drainage connections to OCFCD regional facilities shall be designed with
consideration of interim and future conditions of the regional channel
system and consistent with the water surface elevation criteria established
by the approved Tustin Legacy Runoff Management Plan.
COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES
(1 } 6.1 The applicant shall obtain permission from and coordinate with affected
property owners, jurisdictions, and resource agencies for all public and
private improvements, including, but not limited to, the following:
A. Prior to any work in the public right-of-way, an Encroachment
Permit shall be obtained and applicable fees paid to the Public
Works Department.
B. The applicant shall obtain permission from affected property
owners for any work located on adjacent properties, including
property awned by the Department of Navy.
C. Along the westerly boundary of Reuse Disposal Parce! 35 adjacent
to Peter's Canyon Wash, any slope grading outside of the tract
boundary shall require an encroachment permit from the property
owner {currently the Department of the Navy) in coordination with
the County of Orange for any work within Peter's Canyon Wash
right-of-way or within City of Tustin public right of way.
Resolution No. 05-37
Page 19 of 30
D. The applicant shall obtain all approvals and permits from the
applicable property owners and City of Irvine for work within the
adjacent property and City of Irvine's limits. All infrastructure
improvements in the City of Irvine shall be coordinated with the City
of Irvine and shall comply with Irvine's applicable standards.
E. The applicant shall obtain all approvals and permits from the
applicable Regional Resource Agencies including, but not limited
to: the Orange County Flood Control District (OCFCD), the Army
Corps of Engineers, the California Department of Fish and Game,
the California Regional Water Quality Control Board, etc. far work
within the open channels.
F. The applicant shall coordinate the design and construction of the
bus stop locations with the Orange County Transportation
Authority.
G. The applicant shall obtain written approval and/or permits from the
applicable utility companies including but not limited to SCE, The
Gas Company, IRWD, SBC, Cox Communications, etc.
(1) 7.1 Any damage done to existing street improvements and utilities shall be
repaired before acceptance of the tract within the subdivision to the
satisfaction of the City Engineer.
(1) 7.2 The applicant shall comply with construction and demolition all waste
diversion requirements. In particular the applicant is required to comply
with Section 4327 of the Tustin City Code which details the requirements
for developing and implementing a Waste Management Plan.
GRANTS IN FEE AND DEDICATIONS
(1 } 8.1 The applicant and subdivider shall satisfy dedication and/or reservation
requirements as applicable, including but not limited to dedication of
Harvard Avenue and Moffett Avenue, traffic signal equipment and
maintenance easements at Harvard Avenue/Lot "BN" and Moffett
Avenue/Lot "BP," drainage and flood control right-of-way easements
including Lot "BQ," pedestrian and vehicular access rights, utility
easements and public parks, defined and approved as #o specific locations
by the City Engineer and other agencies, for this project. Reciprocal
ingress, egress, parking, utility and pedestrian access easements may
need to be provided between and across certain privately own and
Resolution No. 05-37
Page 20 of 30
maintained lots and within the lettered lots including but not limited to the
following:
Lot "BN," Lot "P," Lot "A," Lot "R,", Lot "BC," Lot "FG,", Lot "MN,"
and Lot "O."
(1) 8.2 The applicant shall dedicate in fee title to the City of Tustin a forty (40) foot
wide area (Lot "BQ") to accommodate future Peters Canyon Channel
widening.
(1) 8.3 The applicant shall dedicate in fee title to the City of Tustin the required
corner cut-offs at the intersection of Harvard Avenue and Moffett Avenue.
(1) 8.4 The applicant shall identify the easements for public use of privately
owned parks and related public access easements far the public parks on
the final map.
(1) 8.5 All dedication and/or offers of dedication shall also state that the City of
Tustin shall be permitted to obtain, at no cost, a right-of-entry and
temporary construction easement far all on-site joins when the ultimate
street improvements are constructed. The right-of-entry and temporary
construction easement shall terminate on the date that the Notice of
Completion is recorded at the Orange County Recorder's office.
(1) 8,6 The tentative tract map shall be revised to reconfigure Lot "BO" to remove
the raised median area from the required dedicated area and the final map
shall incorporate this revision.
{1) 8.7 The applicant shall dedicate public access and maintenance easements to
the City of Tustin for sidewalks along Harvard Avenue and Moffett
Avenue.
CC&RS
{1) 9.1 All organizational documents for the project and covenants, conditions,
and restrictions (CCBRs) shall be submitted to and approved by the
Community Development Department, and City Attorney's Office. Casts
for such review shall be borne by the subdivider. The approved CC&Rs
shall be recorded with County Recorder's Office at the same time as
recordation of the final map. A copy of the final documents shall be
submitted to the Community Development Department after recordation.
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
Resolution No. 05-37
Page 21 of 30
or benefited to operate and maintain all other mutually available features
of the development including, but not limited to, open space, amenities,
landscaping, or slope maintenance landscaping, private streets, and
utilities. No dwelling unit shall be sold unless all approved and required
open space, amenities, landscaping, or other improvements, or approved
phases thereof, have been completed or completion is assured by a
financing guarantee method approved by the City.
CC&Rs shall include, but not be limited to, the following provisions:
A. The City shall be included as a party to the CC&Rs far 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.
B. The requirement that association bylaws be established.
C. Provisions for effective establishment, operation, management,
use, repair, and maintenance of all common areas and facilities
including recreational buildings and amenities, landscaped areas
and lots, walls and fences, private roadways (i.e., walks, sidewalks,
trails), parkland facilities and bikeways, open space areas, and
including an ~ & M plan for the funding and maintenance of all
structural and non-structural best management practices ("BMP's").
D. Membership in the homeowners association shall be inseparable
from ownership in individual units.
E. 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
and the MCAS Tustin Specific Plan.
F. Maintenance standards shall be provided for applicable items listed
in Section C above in CC&Rs. Examples of maintenance
standards are shown below.
Al! common area landscaping and private areas visible Pram
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
Resolution No. 05-37
Page 22 of 30
droppings or create other nuisances to neighboring
properties. All trees shall also be root pruned to eliminate
exposed surface coots 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.
G. Hameowners 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 far exterior improvements shall conform to
requirements set forth by the City and the CC&Rs.
H. Recreational open spaces areas within the common area shall be
illustrated on a "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 general
public access rights required to be maintained in perpetuity by the
homeowners association and the level of maintenance standard for
all park and open space areas that the City is granting parkland
credit to the developer.
The approved site plan showing the public portion of the park site
and associated public easements that will be accessible to the
general public and provisions requiring maintenance of these areas
in perpetuity by the Homeowners Association.
J. 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:
All units are required to maintain the required number of
garage spaces based on Table 3-4 of MCAS Tustin Specific
Plan.
2. A minimum of 597 on-street and 21 off-street for a total of
Resolution No. 05-37
Page 23 of 30
618 unassigned guest parking spaces shall be permanently
maintained in locations shown on the "Parkingg 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.
4. Residents shall park vehicles in garage spaces. Storage of
personal items may occur in the garages only to the extent
that vehicles may still be parked within the required garage
spaces.
5. 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 far parking and traffic regulations
within the development which may include measures for fire
access and enforcement by a private security company.
K. Provisions far enforcing individual trash bin placement at
designated curb areas as shown on the approved "Curbside Trash
Pick-up Exhibit" no earlier than noon on the day before scheduled
collections and removed within twelve (12} hours of collection.
L. All common areas, public and private park areas, streets, alleys,
paseos, etc., including but not limited to Lot 237 and Lots A through
BQ, including shall be maintained by the homeowners association.
M. Television and radio antennas shall be installed in accordance with
the requirements of the Tustin City Code.
N. All utility services serving the site shall be installed and maintained
underground.
O. 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 1st of each year with the City of Tustin
Community Development Department for the purpose of contacting
the association in the case of emergency or in those cases where
the City has an interest in CC&R violations.
Resolution No. 05-37
Page 24 of 30
P. 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.
Q. 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, yr 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.
R. LOT BQ will be developed in the future as an extension of the
Peters Canyon trail that will be part of the County's public
accessible trail along the Peters Canyon Flood Control Channel.
HOMEBUYER NOTIFICATION
(1 } 10.1 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
not cation 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, trail, and train noise that may impact the
subdivision, including roadway noise associated with, Harvard
Avenue, Moffett Avenue, Warner Avenue, trail noise associated
with the regional trail adjacent to the Peters Canyon Channel, and
train noise associated with rail corridor north of the project. The
notice shall indicate the current number of trains per day {59} and
the estimated increase in the trains per day. 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 andlor where field-testing determines
inadequate noise insulation.
B. A notice, to be reviewed by the City of Tustin and the Irvine Unified
School District, regarding the location of existing and proposed
elementary, middle, and high schools which will serve the
subdivision (text and map) and advice to homebuyers that
Resolution No. 05-37
Page 25 of 30
proposed school sites may never be constructed.
C. 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.
D. 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.
E. A notice indicating that public use of portions of parks or open
space within the tract, to be maintained by the Homeowners
Association, will be allowed and noting public ingress and egress
through the subdivision will be provided for access to the park/apen
space. An exhibit delineating these areas shall accompany this
notice.
F. A notice explaining the easements, facilities, amenities, and
dedications that will be provided on lettered Lots and indicating all
on-site streets, alleys, paseos, and common areas are to be
maintained by the Homeowners Association.
G. A notice regarding future construction activities related to bikeway
construction and future widening of the Peters Canyon Orange
County Flood Control Channel (OCFCD} and future planned
improvements along the western boundaries of the subdivision,
which may be disruptive to the homeowners in close proximity to
these areas.
H. A notice of future widening of Peters Canyon Channel and potential
risk of flooding concerning this project or from any potential flooding
impacts from the adjacent Peters Canyon Flood Control Channel.
A notice, to be approved by the City Attorney, indicating that neither
the site, nor the project nor any part thereof any street or sidewalk,
alleyway, or paseo thereon shall be privately gated, provided
however that any swimming pool and/or spa facility within the
common area and any indoor common area improvements,
including any clubhouse and bathrooms, may be gated or locked
and made available solely to residents of the project and their
guests.
J. A notice stating that all development within the site is approved for
ownership tenure only per Chapter 3.9.3J5 of the MCAS Tustin
Specific Plan with the exception of the twelve (12} transitional units
transferred to Human Options and Orange County Interfaith Shelter
Resolution No. 05-37
Page 26 of 30
which will be used for transitional housing purposes.
K. A notice stating trash bins shall be placed in designated curb areas
as shown on the approved "Curbside Trash Pick-up Exhibit" no
earlier than noon on the day before scheduled collections and
removed within twelve (12) hours of collection.
L. A notice indicating that surrounding properties may be developed in
accordance with City ordinances in a manner which may partially or
totally obstruct views from the owner's unit and that the City of
Tustin makes no claim, warranty, or guarantee that views from any
unit wi11 be preserved as development of surrounding properties
OCCUrS.
M. A notice indicating the minimum building setbacks and that
construction of patio covers, trellises, etc. may not be allowed.
N . A notice explaining and providing a copy of a "Open Space Exhibit"
and separate 8Yz inch by 11 inch dimensioned site plan for each
unit that is allocated private open space within the common area.
O. A notice explaining and providing a copy of the approved "Parking
and Circulation Exhibit" and related CC&R provisions.
P. A notice explaining that thirty (30) affordable housing units
(Moderate Income) and twelve (12) transitional units will be
dispersed in the project and will be restricted subject to recorded
covenant agreement for a period of forty-five (45) years.
Q. A notice explaining the phasing of construction within the
subdivision and that activity may be disruptive.
R. The developer shall notify all potential homebuyers that future
assessment district or community facilities districts may affect the
property.
S. The applicant shall notify all potential homebuyers of the two (2}
220KV and one 66 KV overhead electric transmission lines are
located along Harvard Avenue on the east side and south side of
Tract 16582. The lines are owned and, operated and maintained by
the Southern California Edison (SCE). IN the future, SCE may
increase the number of transmission lines within its right-of-way
and may increase the electric current through the lines that
currently exist.
Resolution No. 05-37
Page 27 of 30
ENVIRONMENTAL MITIGATION
(1) 11.1 All mitigation measures related to the tentative tract map required by the
adopted Mitigation Monitoring Program far the MCAS Tustin Reuse
Plan/Specific Plan FEIS/EIR that are required by the Mitigation Monitoring
Program for the project, identified in this exhibit and in other project
entitlements, shall be implemented.
PARKS AND RECREATION
(1) 12.1 (1) The applicant shall at its sole cast and expense comply with the
Quimby Act, California Government Code Section 66477 and shall as
a condition precedent to issuance of building permits for the vertical
improvements or any portion thereof, pay for and/or provide a
performance bond complying with City Code Section 9931(d), in
favor of the City, with the Surety in a form and substance acceptable
to the City in its sole discretion covering the developer's Quimby fee
obligations. Developer's Quimby fee obligations shall be in the
amount of a cash payment for the net required parkland requirements
in the tract equal to .44 acres multiplied by an appraised value of land
for the tract as approved by the City pursuant to City Cade Section
21.7 and 3.11.18 of the MCAS Tustin Specific Plan minus
improvement costs for the development of 3.74 acres of on-site
private parkland approved for full parkland credit based on on-site
improvement plans and costs approved in writing by the Director of
Parks and Recreation but not to exceed $675,000 per acre. In the
event any approved private parkland improvements costs in the tract
exceed the value of the .44 net acres of required parkland
requirements, the developer shall not be reimbursed by the City for
any improvement costs beyond developer's total required parkland
requirements. In order to secure developer's obligations pursuant to
the Quimby Act, developer shall be required to post a performance
bond equal to a total of 4.59 acres times an appraised value of land
in the tract as approved by the City pursuant to City Code Section
9931(d), which performance bond shall be decreased upon
compliance by the applicant with the provisions of clauses (2) and (3)
below.
(2) Parkland Credit. As part of the initial phase of the project and
concurrently with construction of the required horizontal
improvements and as part of the common area improvements, the
applicant shall construct within the common area certain contiguous,
landscaped, private park improvements and facilities of 1.05 acres
and 2.7 acres each in the location as depicted on the preliminary plan
and the approved project plans to include improvements as required
by the Tustin Code to qualify for Quimby Fee waiver (park facilities)
Resolution No. 05-37
Page 28 of 30
which shall be open and accessible to the public, provided in any
event the developer shall only receive full credit for the 2.7 acre
private park site if the following modifications to the park are made as
approved by the Director of Parks and Recreation and the Director of
Community Development:
a. additional park improvements shat! be designed on the site to
include active basketball courts and other facilities as needed
to meet current city wide recreational needs;
b. additional pedestrian and bicycle on-site and off-site access
and directional signage to the parks shall be provided from a
proposed trail within the City of Irvine to be located on the
north side of Warner Avenue, including developer construction
of an off-site trail crossing over the current drainage channel
which runs parallel to the tract's southerly boundary to the
tract, and in the vicinity of the tract's primary entry street at
Harvard;
c. additional visibility shall be provided far the park from the
Harvard frontage and the tract's entry street at Harvard in the
form of park signage visible from the Harvard frontage,
directional signage within the tract, as well as the developer
exploring relocation of the proposed walls along the Harvard
frontage of the park or other alternative design treatments for
noise attenuation of residential units in the tract along Harvard
Avenue adjacent to the tract.
Upon completion of the park facilities and as a condition precedent
to issuance of any partial or final certificate of compliance the
developer shall execute and record a perpetual easement or other
dedication agreement in favor of the City and its successors and
assigns, in form and substance acceptable to the City in its sole
discretion upon final map and the acceptance of conditions,
covenants and restrictions (CCBR's} for the benefit of the public
providing in perpetuity and at no cost to the City; (i) the right of the
public to access and use the Park Facilities, (ii) public access to
and from said Park Facilities along and across public and private
streets within the site, and (iii) maintenance of the Park Facilities by
the Developer and its successor and assigns, in each case subject
only to reasonable and non-discriminatory rules and regulations.
Upon (x) completion of such construction to the satisfaction of the
City and in compliance with all governmental rules and regulation
applicable thereto, and (y) recordation of easements or dedication
agreements approved by the City, the City shall provide a credit to
the Developer against its obligation to pay Quimby Act Fees in the
Resolution No. 05-37
Page 29 of 30
amount of 3.75 acres times an appraised value of the land for the
tract.
(3) Waiver for Affordable Housing. The Developer shall receive a
credit against Quimby Act fees otherwise due and payable by it as
permitted by the City Code Section 9931 in connection with
construction of not to exceed 42 Affordable Housing Units in this
tract in an amount not to exceed 0.41 acres times an appraised
value of land; provided, however, that the benefit of such waiver
shall apply with respect to each Affordable Housing Unit only upon
Completion of all Affordable Housing Units in the Phase in which
such Unit is located.
(4) Prior to issuance of a grading permit, the applicant shall submit
preliminary design and bond for the ultimate design and
construction of pedestrian connections from Tract Map 16582 to the
future proposed Peters Canyon Channel bike and hiking trails, and
the Peters Canyon Channel bike and hiking trails which will be
finalized with determination of the final finished grade as part of the
Peters Canyon Channel improvements. The internal access points
should be clearly identified on the plans and applicable easement
shall be shown on the Final Tract Map.
(1 } 12.2 Prior to issuance of a grading permit, the applicant shall submit
preliminary design and bond for the ultimate design and construction of
pedestrian connections from Tract Map 16582 to the future proposed
Peters Canyon Channel bike and hiking trails, and the Peters Canyon
Channel bike and hiking trails which will be finalized with determination of
the final finished grade as part of the Peters Canyon Channel
improvements. The internal access points should be clearly identified on
the plans and applicable easement shall be shown on the Final Tract Map.
FEES
(1) 13.1 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 $150 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.
(1) 13.2 Prior to issuance of the first building permit, the subdivider shall submit in-
lieu parkland dedication fees in an amount and form as required by the
Director of the Parks and Recreation Department.
(1) 13.3 The applicant shall submit all fees required by the City and other agencies
as identified in Planning Commission Resolution No. 3947.
Resolution No. 05-37
Page 30 of 30
Attachment E
Planning Commission
Resolution No. 4133
RESOLUTION NO. 4133
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING DESIGN REVIEW 09-023
AUTHORIZING THE DEVELOPMENT OF 84 DUPLEX
CLUSTER HOMES AND ASSOCIATED SITE AND
INFRASTRUCTURE IMPROVEMENTS AT AINSLEY PARK
IN COLUMBUS GROVE AT TUSTIN LEGACY, ALSO
REFERRED TO AS LOTS 242 AND 243 OF TRACT 16582
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That a proper application for Design Review (DR) 09-023 was filed by Mike
McMillen of William Lyon Homes, Inc. on behalf of property owner ORA
Ainsley Park 84, LLC, to request authorization to develop 84 cluster-duplex
homes including associated infrastructure and site improvements, referred
to as Ainsley Park at Columbus Grove, located on Lots 242 and 243 of
Tract 16582, at Tustin Legacy;
B. That the site is located in the "MCAS Tustin Specific Plan" land use
designation of the General Plan, which provides for residential development,
and on Reuse Disposition Parcel 36 in Planning Area 21 of the MCAS Tustin
Specific Plan, which is designated for Low Density Residential on MCAS and
permits single-family attached dwelling units and duplexes;
C. That the project was originally approved as part of Design Review 04-004
by Planning Commission Resolution No. 3947 on February 14, 2005, and
Tentative Tract Map 16582 by City Council Resolution No. 05-37 on
February 22, 2009, for the overall community of Columbus Grove;
D. That on June 26, 2006, the Planning Commission adopted Resolution No.
4025, denying requested amendments to simplify the architecture of the
Ainsley Park products, and directed the applicant to work with staff to
provide a compatible design for Ainsley Park that suited the approved
dominant architectural styles within the community and which continued to
provide distinctive character for both units;
E. That staff and the applicant at the time worked together to achieve a design
that was appropriate for the individual buildings and compatible with the
community architecture and that the building permit plan checks were
approved by City departments and ready for permit issuance, but that the
applicant chose not to obtain permits and therefore the building permit
plan checks expired;
F. That pursuant to Tustin City Code (TCC) Section 9272d(4), development
shall commence within a period of eighteen months, otherwise, a new
evaluation and review shall be required prior to any development;
Planning Commission Resolution No. 4133
Page 2
G. That construction of housing units at the Ainsley Park site never
commenced and that pursuant to Tustin City Code Section 9272d(4), the
Design Review as it pertains to Ainsley Park is considered null and so a
new application (DR 09-023) for development of the site has been
submitted;
H. That the submitted plans for DR 09-023 are consistent with the plans that
were previously approved by the Community Development Department;
That although a new Design Review application is required for the subject
project, all applicable conditions from Planning Commission Resolution
No. 3947 and City Council Resolution No. 05-37 remain applicable to DR
09-023;
That a public meeting was duly called for and held for Design Review 09-
023 on October 27, 2009, by the Planning Commission;
K. That pursuant to the MCAS Tustin Specific Plan and Section 9272 of the
Tustin Municipal Code, the Planning Commission finds that the location,
size, architectural features, and general appearance of the proposed
development will not impair the orderly and harmonious development of the
area, the present or future development therein, or the occupancy as a
whole, in that:
The proposed residential development is a permitted use on Reuse
Disposition Parcel 36 of Planning Area 21 of the MCAS Tustin Specific
Plan,
2. As conditioned, the proposed project is consistent with the development
standards and design guidelines of the MCAS Tustin Specific Plan,
3. As conditioned, conformance with all other applicable development
standards, including current California building codes, will be verified by
staff during plan check review,
4. The proposed site and building improvements are substantially
consistent with plans previously approved by the Planning Commission
and Community Development Department,
5. The location, size, architectural features and general appearance of the
proposed development are consistent with and will not impair the orderly
and harmonious development of the area, the present of future
development therein, the occupancy thereof, or the community as a
whole. In making such findings, the Commission has considered at least
the following items:
Height, bulk, and area of buildings
Resolution No. 4133
Page 2
2. Setbacks and site planning
3. Exterior materials and colors
4. Type and pitch of roofs
5. Size and spacing of windows, doors, and other openings
6. Chimneys, and roof structures
7, Location, height, and standards of exterior illumination
8. Landscaping, parking area design, and traffic circulation
9. Location and appearance of equipment located outside an
enclosed structure
10. Location and method of refuse storage
11. Physical relationship of proposed structures to existing
structures in the neighborhood
12. Appearance and design relationship of proposed structures to
existing structures and possible future structures in the
neighborhood and public thoroughfares
13. Development Guidelines and criteria as adopted by the City
Council.
L. That this project is determined to be exempt from additional CEQA review
pursuant to California Government Code Section 65457, which provides that
once the EIR has been certified and the specific plan adopted, any
residential development project that is undertaken to implement and is
consistent with the specific plan is exempt from additional CEQA review;
On January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report for the
Reuse and Disposal of MCAS Tustin (FEIS/EIR), which evaluated the
environmental impacts of the reuse and disposal of MCAS-Tustin, in
conjunction with the adoption of a Specific Plan. On February 3, 2003, the
Tustin City Council adopted Ordinance No. 1257, which adopted the MCAS
Tustin Specific Plan. On April 3, 2006, the City Council adopted Resolution
No. 06-43 approving an Addendum to the FEIS/EIR for the Disposal and
Reuse of MCAS Tustin. The FEIS/EIR and its Addendum considered the
potential environmental impacts associated with development on the former
Marine Corps Air Station, Tustin.
The development of Ainsley Park at Columbus Grove is a residential
development project that is being undertaken to implement and is consistent
with the MCAS Tustin Specific Plan, as amended. No substantial changes
in the project or circumstances under which it is being undertaken have
occurred and no new information which was not known at the time the EIR
was certified (or amended) has become available. Therefore, the proposed
project is exempt from additional environmental review under CEQA.
II. The Planning Commission hereby approves Design Review D9-023 for
development of 84 cluster-duplex residential units on a 6.5-acre site (Reuse Plan
Disposition Parcel 36) within Planning Area 21 of the MCAS-Tustin Specific Plan,
Resolution No. 4133
Page 3
also known as Ainsley Park at Columbus Grave and Lots 242 and 243 of Tract
16582, subject to the conditions contained in Exhibit A attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 27t" day of October, 2009.
STEVE KOZAK
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4133 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 27t" day of October, 2009.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION N0.4133
CONDITIONS OF APPROVAL
DESIGN REVIEW 09-023
GENERAL
(1) 1.1 The proposed project shall substantially conform to the submitted plans for
the project date stamped on October 27, 2009, on file with the Community
Development Department, as herein modified, or as modified by the
Director of Community Development Department in accordance with this
Exhibit.
(1) 1.2 The subject Design Review approval shall become null and void unless
permits for the proposed project are issued and substantial construction is
underway within eighteen (18) months. All requests for time extensions
may be considered by the Community Development Director if a written
request is received within thirty (30) days prior to the expiration date.
(1) 1.3 All conditions in this Exhibit shall be complied with prior to issuance of
permits, or as specified, subject to review and approval by the Community
Development Department.
(***) 1.4 All applicable conditions of approval of Planning Commission Resolution
No. 3947 and City Council Resolution No. 05-37 and shall apply to DR 09-
023,
(1) 1.5 Approval of Design Review 09-023 is contingent upon the property owner
signing and returning to the Community Development Department a
notarized "Agreement to Conditions Imposed" form and the property owner
signing and recording with the County Clerk-Recorder a notarized "Notice of
Discretionary Permit Approval and Conditions of Approval" form. The forms
shall be established by the Director of Community Development, and
evidence of recordation shall be provided to the Community Development
Department.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
(2) CEQA MITIGATION REQUIREMENTS
(3) CALIFORNIA BUILDING CODE(S) (6) LANDSCAPING GUIDELINES
(4) DESIGN REVIEW (7) PC/CC POLICY
*** EXCEPTIONS
Exhibit A
Potential Conditions of Approval
Design Review 09-023
Page 2
(1) 1.6 As a condition of approval of Design Review 09-023, 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.
(1) 1.7 Any violation of any of the conditions imposed is subject to issuance of an
Administrative Citation pursuant to Tustin City Code Section 1162(a).
(1) 1.8 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
PLANNING DIVISION
(***) 2.1 This approval represents a conceptual authorization of the proposed project.
The applicant shall clearly demonstrate compliance with all applicable
development standards of the MCAS Tustin Specific Plan (specifically
Section 3.9.4D) and the Tustin City Code on construction drawings at the
time of plan check submittal.
(~"~*) 2.2 Prior to issuance of any building permits, aproject-specific document for
covenants., conditions, and restrictions (CC&Rs), including a condominium
plan, if applicable, shall be submitted to and approved by the Community
Development Department and City Attorney's Office. Costs for such review
shall be borne by the developer. A copy of the final documents shall be
submitted to the Community Development Department after recordation.
BUILDING DIVISION
(1) 3.1 At the time of building permit application, the plans shall comply with the
latest edition of codes, Gity ordinances, state and federal laws, and
regulations as adopted by the City Council of the City of Tustin.
(3) 3.2 At the time of building permit application, the plans shall show the following:
a) Show assumed property lines, buildings, and provide a minimum 10'-0"
clear dimensions from finished wall to finished wall surfaces (including
trims and architectural features, excluding eaves). See Table 602 of the
2007 California Building Code (CBC).
Exhibit A -
Potential Conditions of Approval
Design Review 09-023
Page 3
b) Specify all guardrails to be 42" high minimum (2007 GBC Section
1013.2).
c) Show curb ramps and truncated domes as required by Section 11276.5
of the 2007 CBC at street intersections for handicap accessibility to the
site.
d) Show locations of all handicap accessible parking stalls on the street.
The total number of stalls shall be per Table 11 B-6 of the 2007 CBC.
(1) 3.3 A note shall be provided on the final plans stating 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) 3.4 The applicant shall comply with all City policies regarding short-term
construction emissions, including periodic watering of the site and prohibiting
grading during second stage smog alerts and when wind velocities exceed
15 miles per hour.
PUBLIC WORKS DEPARTMENT
(1) 4.1 The applicant shall comply and meet all conditions of Tract Map 16582.
(1) 4.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP)
a) The applicant/contractor is required to submit a WRRP to the Public
Works Department. The WRRP must indicate how the applicant will
comply with the City's requirement (Tustin City Code Section 4351, et
seq.) to recycle at least 50 percent of the project waste material.
b) The applicant will be required to submit a $50.00 application fee and a
cash security deposit. Based on the review of the submitted Waste
Management Plan, the cash security deposit will be determined by the
Public Works Department in an amount not to exceed five percent of the
project's valuation.
c) Prior to issuance of any building permits, the applicant shall submit the
required security deposit in the form of cash, cashier's check, personal
check, or money order made payable to the "City of Tustin."
POLICE DEPARTMENT
(1) 5.1 The gates to yards off of the rear alley shall be outfitted with an approved
locking device to prevent unauthorized access to private yards/properties.
Details shall be provided on the construction documents at the time of plan
check submittal.
Exhibit A
Potential Conditions of Approval
Design Review 09-023
Page 4
ORANGE COUNTY FIRE AUTHORITY (OCFA)
(5) 6.1 Fire Access Roads. Service Code: PR145 (Fire Master Plan Review)
Prior to the issuance of any building permits, the applicant shall obtain
approval of the Fire Chief for all fire protection access roads to within 150
feet of all portions of the exterior of every structure on site. The plans shall
include plan and sectional views and indicate the grade and width of the
access road measured flow-line to flow-line. All fire lane signs and or red
curbs shall be indicated on the fire master plan. When adead-end street
exceeds 150 feet or when otherwise required, a clearly marked fire
apparatus access turnaround must be provided and approved by the Fire
Chief. Applicable CC&R or other approved documents shall contain
provisions which prohibit obstructions such as speed bumps/humps, control
gates or other modifications within said easement or access road unless
prior approval of the Fire Chief is granted. The applicant may contact the
OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
"Guidelines for Emergency Access, or Bulletin number B-09.
(5) 6.2 Fire Hydrants. Service Code: PR145 (Fire Master Plan Review)
a) Prior to the issuance of any building permits, the applicant shall submit a
fire hydrant location [plan to the Fire Chief for review and approval.
b) Prior to the issuance of any certificate of use and occupancy, all fire
hydrants shall have a blue reflective pavement marker indicating the
hydrant location on the street as approved by the Fire Chief, and must be
maintained in good condition by the property owner. Please contact the
OCFA at (714) 573-6100 or visit the OCFA website for a copy of the
"Guideline for Installation of Blue Dot Hydrant Markers."
(5) 6.3 Water Availability. Service Code: PR145 (Emergency Access & Fire
Hydrant Location)
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. If sufficient water to
meet fire flow requirements is not available an automatic fire extinguishing
system may be required in each structure affected.
FEES
(1,5,2) 7.1 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:
Exhibit A
Potential Conditions of Approval
Design Review 09-023
Page 5
a) Building and Planning plan check and permit fees to the Community
Development Department and Engineering plan check and permit fees to
the Public Works Department, based on the most current schedule
b) Orange County Fire Authority (OCFA) fees collected by the Community
Development Department, based on the most current schedule
c) Major Thoroughfare and Bridge Fees to the City of Tustin collected by
the Public Works Department
d) Water and sewer connection fees to the Irvine Ranch Water District.
e) School facilities fee in the amount as required by Irvine Unified School
District.
f) Transportation System Improvement Program (TSIP) Benefit Area B fees
g) New construction tax fees
h) Other applicable Tustin Legacy Backbone Infrastructure Program fees as
specified in Resolution No. 3946
i) 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 fifty
dollars ($50.00) 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.