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RESOLUTION NO. 91-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING TENTATIVE PARCEL MAP NO.
90-292
The City Council of the City of Tustin does hereby
resolve as follows:
I. The City Council finds and determines as follows:
ao
That Tentative Parcel Map No. 90-292 was
submitted to the City Council by Bedford
Capital, Inc., for consideration.
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That a public hearing was duly called, noticed
and held for said map by the City Council on
June 3, 1991.
That the project will not have a significant
effect on the environment and a Negative
Declaration has been prepared pursuant to the
provisions of the California Environmental
Quality Act.
Do
That the proposed subdivision is in
conformance with the Tustin Area General Plan,
and Subdivision Map Act as it pertains to the
development of commercial and industrial
property.
That the site is physically suitable for the
type of development proposed.
Fo
That the site is physically suitable for the
proposed density of development.
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.
He
That the design of the subdivision or the type
of improvements proposed will not conflict
with easements acquired by the public-at-
large, for access through or use of the
property within the proposed subdivision.
That the design of the subdivision or the
types of improvements proposed are not likely
to cause serious public health problems.
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Resolution No. 91-76
Page 2
II.
The City Council hereby approves Tentative Parcel
Map No. 90-292 subject to the conditions attached
hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 3rd day of June, 1991.
Charles E. Puckett, Mayor
Mary E..qynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 91-76
MARY E. WYNN, City Clerk and ex-officio Clerk of the city
Council of ~ne City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and
foregoing Resolution No. 91-76 was duly and regularly
introduced, passed and adopted at a regular meeting of
the City Council held on the 3rd day of June, 1991, by
the following vote:
COUNCILMEMBER AYES: Puckett, Pontious, Edgar, Ports, Prescott
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: gone
COUNCILMEMBER ABSENT: None
Mary E. W~nn,'
, Cit~, Clerk
(1)
(1)
(6)
EXHIBIT A
VESTING TENTATIVE PARCEL MAP 90-292
RESOLUTION NO. 91-76
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
1.1
A separate 24"x36" street improvement plan will be required
showing all proposed construction within the public right-of-
way which would include, but not be limited to the following:
Am
Co
D.
E.
F.
G.
H.
I.
Curb and butter
Construction of both southerly and northerly median curb
and gutter along with median irrigation and landscaping
along the entire Edinger Avenue frontage.
Street paving
Sidewalk
Street lights
Storm drain facilities
Street trees
Underground utility connections
Traffic signal at main entrance along with traffic signal
interconnect between the new signal and Jamboree Road.
Traffic signal modification at Jamboree Road and Edinger
Avenue to accommodate the new improvements.
Traffic signing and striping plan
Ail public improvements are to be constructed with the Phase
I construction and shall comply with the recommendations set
forth in the Traffic Impact Analysis Report prepared by KHR
Associates for this project incorporated herein by reference.
1.2
This area will require annexation to the 1972 Landscape and
Lighting District and the City will require a letter from the
developers stating that they will not protest said annexation.
1.3
Ail construction within a public right-of-way and/or public
easement must be shown on a separate 24" X 36" plan with all
construction referenced to applicable City, County, or Irvine
Ranch Water District standard drawing numbers.
1.4
Ail changes in existing curbs, gutters, sidewalks and other
public improvements shall be responsibility of subdivider.
SOURCE CODES
(~)
{4)
STANDARD CONDITION (5)
CEQA MITIGATION (6)
UNIFOP~M BUILDING CODE/S (7)
DESIGN REVIEW
EXCEPTION
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
Resolution No. 91-76
Page 2
(1)
(2)
(6)
(1)
(5)
(6)
(6)
(8)
1.5 Preparation of plans for and construction of:
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Ail sanitary sewer facilities must be submitted as
required by the City Engineer and local sewering agency.
These facilities shall include a gravity flow system per
standards of the Irvine Ranch Water District.
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A domestic water system must be to the standards of the
Irvine Ranch Water District. Improvement plans shall
also be reviewed and approved by the Orange County Fire
Department for fire protection purposes. The adequacy
and reliability of water system design and the
distribution of fire hydrants will be evaluated. The
water distribution system and appurtenances shall also
conform to the applicable laws and adopted regulations
enforced by the Orange County Health Department. Any
required reclaimed water systems shall be to the
standards as required by the Irvine Ranch Water District.
Proposed streets
specifications:
shall be designed to the following
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Ail proposed streets shall be designed in substantially
the same width and alignment as shown on the approved
tentative map unless modified and approved by the
Directors of Community Development and Public Works.
Be
Ail streets, drives and parking areas shall be
constructed in accordance with city requirements in terms
of type and quality of materials used.
Streets, storm drain, water and sewer improvement plans
shall comply with the "City of Tustin" Minimum Design
Standards for On-site Street and Storm Drain
Improvements.
(1)
(2)
(5)
(6)
(8)
DEDICATIONS/RESERVATIONS/EASEMENTS
The subdivider shall satisfy dedication and/or reservation
requirements as applicable, including but not limited to
dedication of all required street and flood control
right-of-way easements, vehicular access rights, reciprocal
access and parking across property lines, sewer easements and
water easements defined and approved as to specific location
by the City Engineer and other reasonable agencies. Said
dedications shall include that additional right-of-way as
Exhibit A
Resolution No. 91-76
Page 3
specified as mitigation measure in the Traffic Impact Analysis
Report prepared by KHR Associates.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1)
(2)
(6)
(1)
(6)
(1)
(2)
(2)
(5)
3.1
3.2
3.3
3.4
3.5
Prior to issuance of any building permits, subdivider shall
post with the Community Development Department a minimum
$2,500 cash deposit or letter of credit to guarantee the
sweeping of streets and clean-up of streets affected by
construction activities. In the event this deposit is
depleted prior to completion of development or City appearance
of public streets, an additional incremental deposit will be
required.
Any damage done to existing street improvements and utilities
shall be repaired before acceptance of the tract and/or
issuance of a Certificate of Occupancy for the development on
any parcel within the subdivision.
Prior to any work in the public right-of-way, an Excavation
Permit must be obtained from and applicable fees paid to the
Public Works Department.
Edinger Avenue, along the entire project frontage, shall be
built to full major arterial standards.
Edinger Avenue shall be widened for three lanes of through
traffic in the westbound direction between Jamboree Road and
the most westerly property line. The three westbound through
lanes on Edinger Avenue shall be reduced to two through lanes,
per current Caltrans standards, beginning at the project's
most westerly property line. In addition, the eastbound
approach to the intersection of Jamboree Road/Edinger Avenue
shall be improved to include two through lanes, dual left turn
lanes (a minimum of 300 feet in length) and a separate right
turn lane (also a minimum of 300 feet in length); including
all necessary curb, gutter and pavement.
In order to fully facilitate the use of buses as an
alternative mode of transportation to and from the project
site, bus turnouts shall be installed on Edinger Avenue for
both westbound and eastbound directions at their ultimate
major arterial standard locations. The eastbound bus turnout
shall have curb and gutter constructed at the ultimate
location plus sidewalk from the east end of the turnout to the
main entrance, westerly, cross walk area.
Exhibit A
Resolution No. 91-76
Page 4
(2) 3.6
(5)
In order to promote the use of bicycles as an alternative mode
of transportation, bike lanes should be delineated on Edinger
Avenue.
3.7
Separate right turn lanes a minimum of 150 feet in length plus
90-foot transitions shall be constructed at both the main
entrance and at the easterly-most entrance to the site. A
separate westbound acceleration lane a minimum of 150 feet in
length plus a 90-foot transition shall be provided at the
easterly-most site entrance.
3.9 A traffic signal shall be installed at the intersection of
Edinger Avenue and the main entrance driveway along with an
interconnect to the existing traffic signal at Jamboree Road.
In order to minimize delays to Edinger Avenue traffic, the
main entrance driveway should provide three outbound (one left
turn lane, one right turn lane, and one shared left/right turn
lane) and two inbound lanes. An eastbound left turn lane 300
feet in length and a separate westbound right turn lane 100 to
150 feet in length should also be provided at the main
entrance driveway.
3.10 A Transportation Demand Management (TDM) program shall be
prepared for this development in accordance with City
Ordinance No. 1062. Said plan shall be reviewed and approved
by the City Traffic Engineer prior to issuance of building
permits for any phase of this project and shall include at
minimum the following:
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The plan must be designed to reduce trips to achieve a
1.5 Average Vehicle Ridership. The plan shall identify
those strategies to achieve this goal.
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An annual monitoring report shall also be prepared as
required by Ordinance No. 1062 to monitor continued
compliance over time. Penalty fees shall be paid as
applicable for non-compliance in accordance with
Resolution No. 91-45
3.ii The following Transportation Demand Management (TDM)
facilities shall be incorporated into the development in
accordance with Ordinance No. 1062:
Preferential parking for Carpool Vehicles - At least 10%
of the employee parking spaces are required to be
reserved and designated for carpool vehicles by marking
such spaces "Carpool Only". The ordinance specifies what
percentage of required parking shall be allocated to
employee parking which is based upon the type of use.
Exhibit A
Resolution No. 91-76
Page 5
(2)
(6)
Bo
Bicycle Parking Facilities - Bicycle racks or parking
facilities are required to be provided in a secure
location for use by employees or tenants who commute to
the site by bicycle. The ordinance establishes minimum
requirements and security provisions for acceptable
bicycle facilities.
Co
Shower and Locker Facilities - Shower and locker room
facilities for employees of each sex.
Do
Trip Reduction Information - A commuter information
center, in a central location accessible to all employees
and tenants, shall be provided to make available current
transit maps, routes and schedules for public transit;
ridesharing match lists; available employee incentives;
and ridesharing promotional materials supplied by
commuter-oriented organizations.
Zo
Carpool and Vanpool Loading Areas - The City Traffic
Engineer is responsible for determining the necessity for
the design and location of passenger loading areas to
embark and disembark for carpool and vanpool vehicles.
Fe
Bus Stop Improvements - Bus stop improvements including
bus pullouts, bus pads, shelters, and any necessary
right-of-way shall be provided in accordance with
applicable Orange County Transit District Standards.
GRADING/GENERAL
4.1 Prior to issuance of grading permits:
A detailed soils engineering report shall be submitted to
and approved by the Building Official conforming to the
requirements of the Uniform Building Code, city's Grading
and Excavation Code Requirements, and all other
applicable State and local laws, regulations and
requirements.
Preparation and submittal of a grading plan subject to
approval by the Department of Community Development
delineating the following information:
Methods of drainage in accordance with all
applicable City standards.
All recommendations submitted by geotechnical or
soils engineer and specifically approved by them.
Exhibit A
Resolution No. 91-76
Page 6
(3)
4.Z
Compliance with conceptual
tentative tract map.
grading shown on
A drainage plan and necessary support documents
such as hydrology calculations to comply with the
following requirements:
ao
Provision of drainage facilities to remove any
flood hazard to the satisfaction of the City
Engineer which will allow building pads to be
safe from inundation from rain fall which may
be expected from all storms up to and
including the theoretical 100 year storm and
dedication of any necessary easements on the
final map as required.
Elimination of any sheet flow and ponding
across lot lines.
Provision of drainage facilities to protect
the lots from any high velocity scouring
action.
Provision for tributary drainage from
adjoining properties.
5. Ail flood hazard areas of record.
A note shall be placed on the grading plan
requiring Community Development Department approval
of rough grading prior to final clearance for
foundations. The Department will inspect the site
for accuracy of elevations, slope gradients, etc.
and may require certification of any grading
related matter.
Preparation of a sedimentation and erosion control
plan for all construction work related to the
subject tract including a method of control to
prevent: dust and windblown earth problems.
Submittal of a construction traffic routing plan to be
reviewed and approved by the Director of Public Works.
Ail earthwork shall be performed in accordance with the City
of Tustin Municipal Codes and Grading and Excavation Code
requirements.
Exhibit A
Resolution No. 91-76
Page 7
FIRE DEPARTMENT
(5) 5.~
(5)
(5)
(5)
5.2
5.3
Prior to the issuance of any building permits, water
improvement plans shall be submitted to and approved by the
Fire Chief for adequate fire protection and financial security
posted for the installation. The adequacy and reliability of
water system design, location of valves, and the distribution
of fire hydrants will be evaluated and approved by the Chief.
5.4
Prior to the issuance of any building permits for combustible
construction, evidence that a water supply for fire protection
is available shall be submitted to and approved by the Fire
Chief. Fire hydrants shall be in place and operational to
meet requirements and fire-flow prior to commencing
construction with combustible materials.
5.5
Prior to the issuance of any building permits, a construction
phasing plan shall be submitted to and approved by the Fire
Chief. The purpose of this review is to evaluate the adequacy
of emergency vehicle access for the number of dwelling units
served.
(5) 5.6
Prior to issuance of any building permits, all underground
piping for automatic fire extinguishing systems shall be
approved. Plans for an automatic fire extinguishing system
shall be approved by the Fire Chief prior to installation.
Such systems shall be operational prior to the issuance of a
certificate of use and occupancy.
(5)
Prior to the issuance of any certificates of use and
occupancy, all fire hydrants shall have a "Blue Reflective
Pavement Marker" indicating its location on the street or
drive per Orange County Fire Department Standard. On private
property, these markers are to be maintained in good condition
by the property owner.
Storage, use or dispensing of flammable/combustible liquids,
hazardous materials or flammable gases shall comply with the
Uniform Fire Code requirements.
5.7 Office/warehouse shall have minimum required sprinkler
densities for sprinkler systems of 33/3000-square feet.
NOISE
(1) 6.1 Prior to the issuance of any building permits:
(2)
(3) A final acoustical analysis report describing the acoustical
Exhibit A
Resolution No. 91-76
Page 8
(1)
(3)
(1)
(9)
design features of the structures required to satisfy the
exterior and interior noise standards shall be submitted to
the Tustin Community Development Department for approval along
with satisfactory evidence which indicates that the sound
attenuation measures specified in the approved acoustical
report(s) have been incorporated into the design of the
project. The acoustical analysis shall be prepared by an
expert or authority in the field of acoustics.
Ail structures shall be sound attenuated against present and
projected noises as specified by the City's Noise Ordinance,
which shall be the sum of all noise impacting the project.
Evidence prepared under the supervision of an acoustical
consultant that these standards will be satisfied in a manner
consistent with applicable zoning regulations shall be
provided.
For projects that fall under the Browning Corridor, a complete
noise study shall be conducted and submitted to the City for
review. In addition to CNEL analysis, said study shall
provide information on single event noise measures as
generated by helicopter flyovers.
6.3 Ail construction operations including engine warm up shall be
subject to the provisions of the City of Tustin Noise
Ordinance and shall take place only during the hours of 7:00
a.m. until 6:00 p.m., Monday through Friday unless the
Building Official determines that said activity will be in
substantial conformance with the Noise Ordinance and the
public health and safety will not be impaired subject to
application being made at the time the permit for the work is
awarded or during progress of the work.
(1)
(3)
(8)
(9)
CC&R'S
Prior to approval of the final map, all organizational
documents for the project including any deed restrictions,
covenants, conditions, and restrictions shall be Submitted to
and approved by the Community Development Department and City
Attorney's Office. Costs for such review shall be borne by
the subdivider. A copy of the final documents shall be
submitted to the Community Development Department after their
Exhibit A
Resolution No. 91-76
Page 9
recordation. CC&R's shall include but not be limited to the
following provisions:
Since the City is interested in protecting the public
health and safety and ensuring the quality and
maintenance of common areas under control of an Owner
Association, the City shall be included as a party to the
CC&R's for enforcement purposes of those CC&R provisions
in which the City has interest, as reflected by the
following B through N. However, the City shall not be
obligated to enforce the CC&R's.
B. The requirement that association bylaws be established.
Provisions for effective establishment, operation,
management, use, repair and maintenance of all common
areas and facilities including landscaped areas and lots,
walls and fences and paseos.
Membership in any Owners Association and Master
Association shall be inseparable from ownership in
individual lots.
Architectural controls shall be provided and may include
but not be limited to provisions regulating exterior
finishes, roof materials, fences and walls, exterior
mechanical equipment, television and radio antenna.
Maintenance standards shall be provided for applicable
items listed in Section C above in CC&R's. Examples of
maintenance standards are shown below:
(].)
Ail landscaping and areas visible from any public
way shall be properly maintained such that they are
evenly cut, evenly edged, free of bare or brown
spots, free of debris and free of weeds above the
level of the lawn. All planted areas other than
lawns shall be free of weeds, dead vegetation and
debris. All trees and shrubs shall be trimmed so
they do not impede pedestrian traffic along the
walkways. Trees shall be pruned so they do not
intrude into neighboring property and shall be
maintained so they do not have droppings or create
other nuisances to neighboring property. All trees
shall also be root pruned to eliminate exposed
surface roots and damage to sidewalks, driveways
and structures.
Exhibit A
Resolution No. 91-76
Page 10
Ge
He
Se
(2)
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, or that
such a condition of deterioration or disrepair
cause harm or is materially detrimental to property
values or improvements within the boundaries of the
subdivision and Owner's Association, to surrounding
property, or to property or improvements within
three hundred (300) feet of the property may also
be added as alternative language.
Ail utility services serving the site shall be installed
and maintained underground.
The Association shall be required to file the names,
addresses, and telephone numbers of at least one member
of the 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.
Disclosure information related to aircraft noise
impacting the subdivision, as approved by the City of
Tustin Community Development Department.
No amendment to alter, modify, terminate or change the
Owner's Association's obligation to maintain the common
areas or other CC&R provisions in which the City has an
interest, as noted above, or to alter, modify, terminate
or change the City's right to enforce maintenance of the
common areas and maintenance of the prcject, shall be
effective without the prior written approval of the City
of Tustin Community Development Department.
Provisions shall be included to guarantee adherence to
the TDM objectives and perpetual operation of the TDM
program pursuant to Ordinance 1062 regardless of property
ownership, to inform all subsequent property owners of
the requirements imposed within the Jamboree PlaLa
Planned Community and identify potential consequences of
non-performance.
Each space agreement (i.e. lease document) shall also
include TDM provisions for the site as a means to inform
Exhibit A
Resolution No. 91-76
Page 11
(1)
(3)
(6)
(9)
(1)
(3)
(6)
(9)
FEES
and commit tenants to and participate in helping the
jamboree Plaza Planned Community meet TDM performance
requirements.
Prior to recordation of any final map, Subdivider shall pay
plan check and inspection fees for all public and/or private
infrastructure improvements within City's responsibility
excluding those financed by an Assessment District.
Prior to issuance of any building permits, payment shall be
made of all required fees including:
ao
Major thoroughfare and bridge fees to Tustin Public Works
Department.
Bo
Sanitary sewer connection fee to Orange County Sanitation
District.
Grading plan checks and permit fees to the Community
Development Department.
De
Ail applicable Building plan check and permit fees to the
Community Development Department.
E. New development fees to the Community Development
Department.
F. School facilities fee to the Tustin Unified School
District.
Transportation System Improvement Program (TSIP), Benefit
Area 'B' fees in accordance with the applicable fee
schedule in effect at the time of permit issuance.
He
Trip Reduction/TDM Strategy Plan fees for processing and
reviewing said plan and subsequent Annual Compliance
Reports.
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 $25.00 (twenty-five
dollars) pursuant to AB 3185, Chapter 1706, Statutes of
1990, enable the City to file the Notice of Determination
required under Public Resources code Section 21151 and 14
Cal. Code of Regulations 15094. If within such forty-
Exhibit A
Resolution No. 91-76
Page 12
eight (48) hour period that the applicant has not
delivered to the Community Development Department the
above-noted check, the approval for the project granted
herein shall be considered automatically null and void.
In addition, should the Department of Fish and game
reject the Certificate of Fee Exemption filed with the
Notice of Determination and require payment of fees, the
applicant shall deliver to the Community Development
Department, within forty-eight (48) hours of
notification, a cashier's check payable to the COUNTY
CLERK in the amount of $1,275 (one thousand two hundred
seventy-five dollars) pursuant to AB 3158, Chapter 1706,
Statutes of 1990. If this fee is imposed, the subject
project shall not be operative, vested or final unless
and until the fee is paid.
(1)
(1)
GENERAL
10.1 Within 24 months from tentative parcel map approval, the
Subdivider shall file with appropriate agencies, a final map
prepared in accordance with subdivision requirements of the
Tustin Municipal Code, the State Subdivision Map Act, and
applicable conditions contained herein unless an extension is
granted pursuant to Section 9335.08 of the Tustin Municipal
Code.
10.Z Prior to final map approval.
A. Subdivider shall submit a current title report.
Subdivider shall submit a duplicate mylar of the Final
Map, or 8 1/2 inch by 11 inch transparency of each map
sheet prior to final map approval and "as built" grading,
landscape and improvement plans prior to Certificate of
Acceptance.
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