HomeMy WebLinkAboutCC RES 92-068 1 4 5 6 7 8 9 10 11 12 13 14 15 l(i 17 18 19 21 22 23 24 25 9.7 28 RESOLUTION NO. 92-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE PARCEL MAP NO. 91-288 The City Council of the City of Tustin does hereby resolve as follows: I. The city Council finds and determines as follows: That Vesting Tentative Parcel Map No. 91-288 was submitted to the Planning Commission by J. P. Greubel Company for consideration. That a public hearing was duly noticed, called and held on said application by the Planning Commission on March 23, 1992, and the item was continued to April 13, 1992, whereby the Planning Commission recommended to the City Council denial of the subject request. Whereas, a public hearing was duly noticed, called and held on said application by the City Council on May 4, 1992, and the item was continued to May 18, 1992. 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. De That the proposed subdivision is in conformance with the Tustin Area General Plan as it pertains to the development of single family dwellings. That the site is physically suitable for the type of development proposed. 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. 1 3 4 5 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 27 28, ! Resolution No. 92-68 Page 2 II. The City Council hereby approves Vesting Tentative Parcel Map No. 91-288, subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 18th day of May, 1992. Lesl~v -Ann~ ~6n~ious, May~ ยท Wynr~ City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN CERTIFICATION FOR RESOLUTION NO. 92-68 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council held on the 18th day of May, 1992, by the following vote: COUNCILPERSONS AYES: Ports, Puckett, Sal. tarelli, Thomas COUNCILPERSONS NOES: None COUNCILPERSONS ABSTAINED: None COUNCILPERSONS ABSENT: Pont ious MARY E~WYNN, ~ Clerk EXHIBIT A VESTING TENTATIVE TRACT MAP 91-288 RESOLUTION NO. 92-68 CONDITIONS OF APPROVAL (2) (3) PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS 1.1 Prior to recordation of final map, the Subdivider shall prepare plans for and construct or post security guaranteeing construction of all public and/or private, infrastructure improvements in conformance with applicable City standards, subject to approval of the City Engineer, including but not limited to the following: Ce D. E. F. G. H. I. J. Me Curb and gutter/cross gutters Sidewalks including access facilities for physically handicapped persons Drive aprons/approach Street paving Street signing and paving Landscaping/irrigation facilities Sanitary sewer service facilities Domestic water service facilities Reclaimed water service facilities Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities) Street and paseo lighting Storm drains and subdrains (* The storm drain facilities within this tract will be private drains to be maintained) Undergrounding of existing and proposed utility distribution lines Lot monumentation Fire hydrants The amount of acceptable security for construction of public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A - Vesting Tentative Parcel Map 91-288 Resolution No. 92-68 - Conditions of Approval Page 2 *** 1.2 (1) ~.s (1) ~.4 (1) :..~ (2) ' (1) (5) 1.6 Subdivider shall design those public improvements east of the tract boundaries through to the western boundary of the E1 Modena Flood Channel, and shall be responsible for providing the design of any necessary transitions to accommodate any discrepancies in sidewalk alignment. Said design shall be submitted to the City Engineer for review and approval. 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 or County standard drawing numbers. Ail changes in existing curbs, gutters, sidewalks and other public improvements shall be responsibility of subdivider. Preparation of plans for and construction of: 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 Tustin Water District. A domestic water system must be to the standards of the Tustin Water District/City of Tustin Water Service, whichever is applicable at the time of plan preparation. 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 Tustin Water District. Proposed public streets following specifications: shall be designed to the Ail proposed streets shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. Specific design of street improvements shall be subject to final Exhibit A - Vesting Tentative Parcel Map 91-288 Resolution No. 92-68 - Conditions of Approval Page 3 (1) (8) (1) (2) (5) approval by the City Engineer consistent with Exhibit B attached hereto. Ail public and private streets shall be constructed in accordance with City requirements in terms of type and quality of materials used. Co Placement of all above ground facilities, such as signing, street lights and fire hydrants shall be behind the sidewalk when said sidewalks are constructed adjacent to the curb within the public right-of-way. Parking shall not be permitted along on-site private streets and private drives unless in identified guest parking locations. The private street, Lot "A", must be posted and red-curbed for "No Parking." 1.7 Private streets, storm drain, water and sewer improvement plans shall comply with the "City of Tustin" Minimum Design Standards for on-site Private Street and Storm Drain improvements with the following exceptions: The private street may be constructed to a paved street width of 28 feet. B. The private street may terminate in a stub configuration rather than a cul-de-sac. The private street may be constructed with a five- foot curb adjacent sidewalk on one side. DEDICATIONS/RESERVATIONS/EASEMENTS 2.1 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. 2.2 The subdivider shall prepare a reciprocal access agreement for Lots 2 and 4 for the shared driveway. The agreement shall be recorded after review and approval by the Director of Community Development and the City Attorney. Exhibit A - Vesting Tentative Parcel Map 91-288 Resolution No. 92-68 - Conditions of Approval Page 4 *** 2.3 (1) *** 2.5 A landscape easement shall be provided by the subdivider for Lots 1 and 3 on the final map for those areas depicted on Exhibit B attached hereto, and a deed restriction prepared restricting the construction of any structures over three feet in height in these areas.The easement and deed restriction shall be submitted for review and approval by the Director of Community Development and City Attorney. This development shall be annexed to the Tustin Lighting District. The developer shall provide a letter to the City stating that the annexation will not be protested. The subdivider shall execute a maintenance agreement with the City for landscaping in the right-of-way. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) (2) (i) (i) 3.1 3.2 3.3 Prior to recordation of the final map, subdivider shall post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and 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 and applicable fees paid from the Public Works Department. (1) (2) GRADING/GENERAL 4.1 Prior to issuance of grading permits: A detailed soil engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable State and local laws, regulations and requirements. Exhibit A - Vesting Tentative Parcel Map 91-288 Resolution No. 92-68 - Conditions of Approval Page 5 Preparation and submittal of a grading plan subject to approval of the Department of Community Development delineating the following information: Methods of drainage in accordance with all applicable City standards. Ail recommendations submitted by geotechnical or soils engineer and specifically approved by them. Compliance with conceptual grading shown on tentative tract map. A drainage plan and necessary support documents such as hydrology calculations to comply with the following requirements: 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. 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. Exhibit A - Vesting Tentative Parcel Map 91-288 Resolution No. 92-68 - Conditions of Approval Page 6 (1) 4.2 (3) (1) 4.3 Ail earthwork shall be performed in accordance with the City of Tustin Municipal codes and grading requirements. Any grading and/or placement of fencing or block wall over Flood Control District easements shall require the removal of existing chain-link fence, a permit from the Engineering/Public Works Department, and a permit from Flood Control District (EMA). FIRE DEPARTMENT (1) (2) 5.1 Prior to the recordation of a final tract/parcel map, 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 adequate and reliability of water system design, location of valves and the distribution of fire hydrants will be evaluated and approved by the Chief. (1) (2) 5.2 Prior to issuance of any building permits for combustible construction, evidence that adequate water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants and access roads shall be in place and operational to meet requirements and fire-flow prior to commencing combustible materials. (1) 5.3 Prior to the 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 for Lots 2 and 4 due to flag lot condition. (1) (2) 5.4 Prior to the issuance of any certificates of use and occupancy, all street(s) having a curb-to-curb width of less than 36 feet shall be red curbed and posted "No Parking--Fire Lane", as per 1988 Uniform Fire Code Section 10.207, in a manner meeting the'approval of the County Fire Chief or shall be widened to provide 36 feet of travelway, curb-to-curb, within a 48-foot right-of- way, in a manner meeting the approval of the Manager, Subdivision Division. (1) (2) 5.5 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 Exhibit A - Vesting Tentative Parcel Map 91-288 Resolution No. 92-68 - Conditions of Approval Page 7 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. (1) (2) (3) (i) (3) (2) (i) NOISE Prior to the issuance of any building permits: ao A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the 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 residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dBa CNEL in outdoor living areas and an interior standard of 45 dBa CNEL in all habitable rooms is required. 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. 6.2 Prior to issuance of any .Certificates of Use or Occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. 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. CC&R'S Exhibit A - Vesting Tentative Parcel Map 91-288 Resolution No. 92-68 - Conditions of Approval Page 8 (1) 7.1 The proposed subdivision requires the formation of a homeowners' association and CC&R's in order to assure maintenance responsibility for the landscape easements shown on Exhibit B attached hereto and the private street. Prior to approval of the final map, the subdivider shall submit CC&R's for approval 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 recordation. CC&R's shall include but not be limited to the following provisions: ae Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of a Homeowner's 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 L. However, the City shall not be obligated to enforce the CC&R's. The requirement established. that association bylaws be Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas within the recorded landscape easements for Lots 1 and 3; walls and fences and private roadways (i.e., walks, sidewalks, trails). Do Membership in any Homeowner's 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, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, 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: Exhibit A - Vesting Tentative Parcel Map 91-288 Resolution No. 92-68 - Conditions of Approval Page 9 Ge Ail common area landscaping and private lawn 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. Ail private roadways, sidewalks and paseo 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. 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 three hundred (300) feet of the property may also be added as alternative language. Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. 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 Exhibit A - Vesting Tentative Parcel Map 91-288 Resolution No. 92-68 - Conditions of Approval Page 10 any parking, driveway or private street area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's -Association may adopt rules and regulations to authorize exceptions. 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. Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary by a Homeowner's Association. This shall not preclude a Homeowner's Association from assessing charges to individual property owners for structural damage to the wall or fence. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall (include if the wall is located on private property) or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. (1) TENANT/HOMEBUYER NOTIFICATION 8.1 Subdivider shall notify all potential homebuyers of the following Assessment/Maintenance Districts affecting the property: A. City of Tustin 1982 Landscaping and Lighting District as amended. Exhibit A - Vesting Tentative Parcel Map 91-288 Resolution No. 92-68 - Conditions of Approval Page 11 (1) (3) FEES (1) 9.2 (3) 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: Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C. East Orange County Water District fees. D. Grading plan checks and permit fees to the Community Development Department. Ail applicable Building plan check and permit fees to the Community Development Department. Fe New development fees to the Community Development Department. Parkland dedication in-lieu fees to the Community Services Department. Payment of applicable school facilities fees to the Tustin Unified School District. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enabling 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-eight (48) hour period, 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. Exhibit A - Vesting Tentative Parcel Map 91-288 Resolution No. 92-68 - Conditions of Approval Page 12 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 $1,250 (one thousand, two hundred fifty 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 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. 10.2 Prior to occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 10.3 Prior to final map approval. (i) (5) A. Subdivider shall submit a current title report. Provision for landscaping maintenance and ownership of all landscape easements shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Parcel Map 91- 288. Co Subdivider shall submit a duplicate mylar of the Final Map, or 8~ inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to certificate of acceptance. 10.4 Subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance and applicable conditions for Final Parcel Map 91-288. Exhibit A - Vesting Tentative Parcel Map 91-288 Resolution No. 92-68 - Conditions of Approval Page 13 Prior to release of building permits, all conditions of approval of Design Review 91-048 and Variance 91-019 for the subject project shall be complied with as shown on Exhibit A, attached to Resolution 92-66 and incorporated herein by reference. AEB:nm 1 2 , I WARREN AVE.