HomeMy WebLinkAboutPC RES 358710
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RESOLUTION NO. 3587
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN
RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE
TRACT MAP NO. 15601 LOCATED AT THE NORTHERLY TERMINUS OF
TOWNSHIP DRIVE (LOT 26 AND A PORTION OF LOTS 13 ADN 24 OF TRACT
13627).
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That Vesting Tentative Tract Map No. 15601 was submitted to the Planning
Commission by Warmington Homes California for consideration;
B. That a public hearing was duly called, noticed and held for said map on April
13, 1998 by the Planning Commission;
.C. That Environmental Impact Report 85-2, as modified by supplements and
addenda, for the East Tustin Specific Plan, has been certified in
conformance with the requirements of the California Environmental Quality
Act for the subject project;
D. That the proposed subdivision is in conformance with the Tustin Area
General Plan, adopted East.Tustin Specific Plan, Development Agreement
as amended and Subdivision Map Act as it p. ertains to the development of
· single-family dwellings;
E. The 0.5544 acres of parkland required for this development was previously
dedicated with recordation of Tract 13627;
F. That the City has reviewed the status of the School Facilities Agreement
between the Irvine Company and the Tustin 'Unified School District, for the
impact, of Vesting Tentative Tract 15601 on School District facilities, and
changes in state law. The impacts associated with this approval on School
District Facilities are adequately addressed;
G. That the site is physically suitable for the type of development proposed;
H. 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; -
Resolution No. 3587
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That the design of the subdivision or the type of improvements proposed will
not conflict with easements acquired by the public, for access through or use
of the property within the proposed subdivision;
K. That the design of the subdivision or the types of improvements proposed
are not likely to cause serious public health problems;
L. The proposed project has been reviewed for conformity with the provisions
of the O~ange County Congestion Management Program, and it has been
'determined that the additional traffic generated by the proposed project onto
the CMP Highway System does not cause the system to exceed established
level of service standards; and,
M. The proposed project has been reviewed for conformity with the provisions
of Measure M/Growth Management Program, and it has been determined
that the estimated project generated traffic does not cause the roadway
system to exceed established level of service standards.
N. That the project has been reviewed for consistency with the Air Quality Sub-
Element of the City of Tustin General plan and has been determined, or
conditioned, to be consistent with the Air Quality Sub-Element.
!1. The Planning Commission hereby recommends that the City Council approve
Vesting Tentative Tract Map No. 15601 located at the northerly terminus of
Township Driv~ (Lot 26 and a portion of Lots 13 and 24 of Tract 13627), subject to
the conditions contained in Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the ~ustin~g
held on the 13th day of April, 1998.
··
· -H 0(;/~/~:~. MITZMAN
Chairmafl" .
PlanningCommission Secretary
Commission,
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Resolution No. 3587
STATE OF CALIFORNIA )
COUNTY. OF ORANGE )
CITY OF TUSTIN )
!, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of
the Planning Commission of the City of Tustin, California; that Resolution No. 3587
was duly passed and adopted at a regular meeting of the Tustin Planning Commission,
held on the 13th da~aLAl~il, 1998.
E-~ZABETH A. BINSACK
Planning Commission Secretary
EXI-IIBIT A
VESTING TEWrATIVE TRACT M.A~P 15601
RESOLUTION NO. 3587
CONDITIONS OF APPROVAL
GENERAL
1.1
· The subdMder shall comply with all conditions of Tentative Tract 13627 as they
pertain to this project
1.2
Within 24 months from tentative map approval, ~e 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 9321.H of the Tustin Municipal Code.
(1)
13
Prior to release of building permits, all conditions of approval of Design Review 97-
035 and Hillside Review 98-001 for the subject project shall be complied with as
shovm on Exhibit A attached to Resolution No. 3588 and incorporated herein by
reference. However, the applicant will be permitted to obtain building permits for
model home construction prior to approval of a final map provided approvals have
been obtained fi.om the Commun/ty Development, Public Works and Fire
Departments.
1.4
The subdivider shall conform to all applicable requirements of the State Subdivision
Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and
Development Agreement (and amendments thereto), and EIR 85-2.
(1)
1.5
The cumulative number of residential units for which certificales of occupancy may
be issued shall not exceed the cumulative total or square feet of occupied revenue
generating uses or equivalents as shown in the East Tustin Specific Plan
Development Agreement.
The subdivider shall be required to execute Subdivision/Monumentation
Agreements and proxSde improvement/monumentafion bonds to the City prior to
recordation of the final map.
SOURCE CODES
(1) STMqDARD CONDITION
CEQ MrrIaX o
(s) OgM v-mo a co /s
(4) DESIGN REVIEW
RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*** EXCEPTION
Exhibit A - Resolution No. ~587
VTT 156O1
Page 2
Prior to final map approval, the subdivider shall submit: ·
A. A current title report;
Bo
A duplicate mylar of the Final Map, or 8 1/2" X 11" transparency of each
map sheet prior to final map approval and "as built" ~m-ading, landscape and
improvement plans prior to Certificate of Acceptance.
(1)
1.8
The applicant shall hold harmless and defend the City of Tustin fi.om all claims and
liabilities arising out of a challenge of the City'S approval of this project.
(1)
(5)
(1)
(5)
(1)
(2)
(5)
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
2.2
2.3
2.4
Prior to the issuance of the first Certificate of Occupancy Mthin the Model
Complex, the developer shall complete the' installation of all site improvements,
perimeter walls and common area landscaping and receive final building inspection
·
for all site improvements and landscaping located within Lots E- J.
The mount 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.
All changes in existing curbs, gutters, sidewalks and other improvements
shall be the responsibility of subdivider.
Preparation of plans for and construction of:
t.
All 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 h'vine Ranch Water District, and/or Orange
County Sanitation District No. 7, whichever is applicable at the time of plan
preparation.
Bo
A domestic water system must be designed and installed to the standards of
the Irvine Ranch Water District or City of Tustin Water Depa.runent,
whichever is applicable at the time of plan preparation. Improvement plans
shall also be reviewed and approved by the Orange County Fire Authority
for fire protection purposes. The adequacy and reliability of w~tter s3'stem
design and the distribution of fire hydrants will be evaluated. The water
distribution system and appurtenances shall also conform to the applicable
·
Exh/bit A - Resolution No. 3587
VTT 15601
Page 3
laws and adopted regulations enforced by the Orange County Health
Department. Any required reclaimed water systems shall meet the standards
as required by the Irvine Ranch Water District.
(5)
(6)
Proposed private streets shall be designed to the following specifications:
Ao
All proposed streets and drives 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.
All streets shall be constructed in accordance with City requirements in
terms of type and quality of materials used where practical.
(5) 2.6
Due to the design of Tract 15601, the addition of private gates across the entrance
street will not be permitted. The entry street as proposed does not provide the
sufficient stacking distance nor mm around a/ca to facilitate the operation of private
· gates.
(5)
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 in.fi'astmcture improvements,
final grading plans; and site plans are also required to be submitted to the Public
Works Department/Engineering Division in computer aided design and drafting
(CADD) format. The standard file format is AutoCAD Release 13 or 14 having the
extension DWG. Likewise, layering and linetype conventions are AutoCAD-based
(latest version available upon request fi.om the Engineering DMsion). In order to
interchange, ably utilize the data contained in the in.fi'asm~cture 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 14. Drawings created in AutoCAD Release 13 or Release 12
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 nas 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.
Extfibit A - Resolution No..~>87
VTT 15601
Pao_e 4
·
o.
DEDICATIONS/RESERVATIONS/EASEMENq'S
(2)
*** 3.2
*** 3.3
*** 3.4
(5) 3.5
(5) 3.6
(5) 3.7
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 agencies.'
A separate deed restriction shall be recorded on those lots that contain side entry
garages with less than a 20-foot front yard setback clearly disclosing that the
garages shall be constructed as non-habitable space and cannot be converted to
habitable space, as defined by the Uniform Building. Code. Said deed restriction
shall be reviewed and approved by the City Attorney and Community Development
Department prior to recordation of any Final Map.
A separate lettered lot shall be created on the rear yard slope area of Lot 9 which
shall be owned and maintained by the Homeowner's Association. Appropriate
access easements to said lettered lot shall be provided acr6ss Lot 9 to the prix:me
street. Appropriate storm drain easements for private drainage devices shall be
identified within, the lettered lot. Th~ final lot 'confi~m.u'ation, access easements and
storm drain easements shall be identified on the final map, subject to final approval
of the Community Development DePartment.
A separate deed restriction shall be recorded on Lots 3-8 and 30-36 disclosing that
any walls or other devices used to retain the rear yard slope shall be limited to a
maximum of four (4) feet in height measured from the finish pad elevation.
Dedicate a 20-foot sewer easement, as shown on Lot No. 9 and 10 to County
Sanitation District No. 7 of Orange County for proposed district sewer.
Dedicate maintenance and access easement for tract ingress and egress over private
su'eets, lots "A", "B", "C", "F", "L'" and "P" to the County Sanitation District No. 7
of Orange County.
During comm'uction of tract sewers, developer to build approximately 320-foot of 8-
inch VCP CSDOC Sewer connecting subject tract sewer to existing districts sewer
· north of Lot No. 9, in proposed 20-foot sewer easement. CSDOC will reimburse
cost of this portion of sewer to developer.
Exhibi~ A - Resolution Nc
VTT 15601
Pa2e 5
.587
· ' CONSTRUCTION ACTI1,qTIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(:)
(2)
(5)
(5)
(2)
4.1
Prior to recordation of the f'm~ map, subdivider shall post with the Commurdb'
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.
4.2
.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.
GRADING
5.1 Prior to issuance of grading permits:
Ao
A detailed soils engine, ering report shall be submitted to and approved by the
Building Official conforming to the requirements of ~e Uniform Building
Code, City grading requirements, and all other applicable state and local
laws, re_.m.dations and requirements.
Be
The applicant shall submit a' grading pi.an subject to approval by the
Department of Community Development delineating the following
information:
I. Methods of dminagoe in accordance with all applicable CiD'
standards.
2.
Recommendations submitted 'and approved by a geotechnical or
soils engineer.
Compliance with conceptual grading shown on tentative tract map.
,
A drainage plan and necessary support documents, s~ch as
hydrology calculations, t.o 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 rainfall which
may be expected from all storms up to and including the
theoretical 100/500 year storm and dedication of any
necessar7 easements on the final map as required.
Exh_ibit A - Resolution No.
VTT 15601
Page 7
_~87
C.
The applicant shall prepare 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. Said plan shall be reviewed
and'approved by the Community Development Department.
Do
The applicant shall pr.epare hydrology and hydraulic calculations for th.is
subject tract. Said plan shall be reviewed and approved by the Public Works
Department and Community Development Department/Building DMsion.
(3)
5.2
All earthwork shall be performed in accordance w/th the Tustin City Code and
Tustin Grading Manual.
(1)
(5)
5.3
Prior to the recordation'of a final map, the applicant shall submit for approval by'the
Community Development and Public Works Departments, a Water Quality
Management Plan (WQMP) that identifies the application and incorporation of
those routine structural and non-structural Best Management Practices 03MPs) and.
detailing implementation of the BMPs not dependent on specific land uses.
(2)
Prior to issuance of grading, ~m'ubbing and clearing or paving perm/ts, the applicant
shall obtain coverage under the NPDES Statewide Industrial Storm water Permit for
General Construction Activities fi.om the State Water Resources Control Board.
Evidence that this has been obtained shall be submitted to the Building Official.
'5.5
Construction phasing shall occur in a logical and sequential panem and as identified
on the approved phasing schedule. The Community Development Director may
make minor modifications to the phasing schedule provided that such modifications
result in orderly and sequential development, minimizing construction impacts to
the greatest extent possible on the. occupied portion of the development.
(5)
(5)
FIRE AUTHORITY
6.1
Water Improvement Plans - Prior to the recordation of a subdivision map, the
s(~bdivider shall submit water improvement plans to the Fire Chief for review and
approval to ensure that adequate fire protection and financial security is posted for
the installation. The water system desi~, location of valves, and the distribution of
the fire hydrants.will be evaluated and approved by the Fire Chief.
6.2'
Fire Hydrants - Prior to the recordation of any subdivision map or the issuance of
any building permits, whichever occurs first, the applicant shall submit to the Fire
Chief evidence of the on-site fire hydrant system and indicate whether it is public or
private. If the system is private, the system shall be reviewed and approved by the
Fire Chief prior to issuance of building permits. Provisions shall be made by the
Exh.ibit A - Resolution No.
VTT 15601
Page 8
~7
applicant for the repair and maintenance of the system, in a manner meeting the
approval of the Fke Chief.
(5)
6.3
Automatic Fire Extinguishing Systems - Prior to the recordation of a subdMsion
map, a note shall be placed on the map stating that all R-3 structures ~eater than
5,500 square feet, or any structure out of Fire Department access of 150 feet shall be
protected by an automatic fire sprinkler system, in a manner meeting the approv~ of
the Fi.re Chef.
(5)
6.4
Fire Access - Prior to the rekordation of a subdivision map, the applicant shall
obtaLn approval of the Fire Chef for all fire protection access easements and shall
dedicate them to the City. The CC&R's shall contain provisions which prohibit
obstructions within the fire protection access easement. The approval of the Fire
Chief' is required for any modifications such as speed bumps, control gates or other
changes in within said easement.
(5)
6.5
Street Plahs - Prior to the issuance of any' grading permits, the applicant shall submit
and obtain approval of preliminary plans for all streets and courts, public or private,
from the Fire Chief in consultation with the Manager, Traffic Engineering. The
plans shall include the plan view, sectional view, and indicate the width of the street
or court measured flow line to flow line.
(s)
~treet Markings
Ao
Prior to the issuance of any grading permits, the applicant shall submit and
obtain approval from the Fire Chef for street improvement plans with fire
Ianes shown. The plans shall indicate the locations of red curbing and
signage. A drawing of the proposed signage with the hei_mht, stroke and
color' of lettering and the contrasting background color shall be submit'ted to
and approved by the Fire Chief.
Prior to the issuance of the certificate of use and occupancy the approved
fire lane marking plan shall be installed. The CC&R's shall contain a fire
lane map and provisions which prohibit parking in the fire lanes. A method
of enforcement shall be included.
(5)
6.7
Combustible Construction Letter - Prior to the issuance of any building permits for
combustible construction, the developer shall submit and obtain the Fire Chiefs
approval of a letter and plan stating that water or fire fighting purposes and an all
weather fire'access road shall be in place and operational as required by the Uniform
Fire Code before any combustible materials are placed on the site.
Exhibit A - Resolution No. _
VTT 15601
Page 9
~7
(5) -. 6.8
Water Availability - Prior to the issuance of any building permits, an Orange
County Fire Authority Water Availability 'Form shall be submitted to and approved
by the Plan Review Section of the Orange County Fire Authority.' If sufficient
water to meet fire flow requirements is not available, an automatic fire extinguishing
system shall be installed in each structure, in a manner meeting the approval of the
Fire Chief.
(5)
6.9
Fire Sprinkler System - Prior to the issuance of any building permits on those lot(s)
detem-iined applicable by the Fire Chief, plans for the automatic fire sprinkler
system shall be submitted to and approved by the Fire Chief prior to installation.
This system shall be operational prior to the issuance of a' certificate of use and
occupancy.
(5)
6.10
Architectural Plan - Prior fo approval of a site dei, elopment/use permit, or the '
issuance of a building permit, whichever occurs first, the applicant shall submit
plans for the review and approval of the Fire Chief. The applicant shall include
information on the plans required by the Fire Chief. Contact the Orange Count5."
Fire Authority Plans Review Section at (714) 744-0403. for the Fire Safety
Site/Architectural Notes to be placed on the plans.
(5)
6.11
Fi~e Hydrant Markers -'Pri6r 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 the Orange County Fire Authority
Standard and approved by the Fire Chief. On private property, these markers are to
be maintained in good condition by the property owner.
(2)
O)
NOISE
7.1'
Prior to the issuance of any building permits:
io
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.
All 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 .dB CNEL in outdoor
living areas and an interior standard of 45 dB 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.
Exhibit A - Resolution No.
VTT 15601
Page 10
87
g.
Due to the project's close proximity to the Browning Corridor, ~aid stud3'
shall provide information on single event noise measurements as generated
bY helicopter flyovers for information purposes only.
(])
(2)
(3)
7.2
Prior to issuance of any certificates of use or occupancy, field testing in accordance
wi/h the Tire 25 regulations may be required by the Building Official to verify
compliance with STC and IIC desi~ standards.
7.3
All construction operations, including staging and/or delivery of equipment and
materials and engine warm up, shall be subject to the provisions of the City. of
Tustin Noise Ordinance, and shall take plhce only during the hours of 7:00 a.m.
until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturdays,
unless otherwise determined by the Building Official.
7.4
Construction hours shall be clearly posted on the site to the satisfaction of the
Building Official.
(1)
(3)
CC&R'S
8.1
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
DeparUnent after recordation. CC&R's shall include 'but not be limited to the
following provisions:
Ao
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 in the following provisions. However, the City shall not be
obligated to enforce the CC&R's.
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 landscaped
areas and lots, walls and fences, private roadways, and paseos (i.e., walks,
sidewalks, arbors).
Do
Membership in any Homeowners Association shall be inseparable from
ownership in individual lots.
E.
A.rchitecmral 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.
Exhibit A'- Resolution No. _ .,87
VTT 15601
Pa~e 11
Fo
Maintenance standards shall be provided for applicable items listed in
Section C above in CC&R's. Examples of maintenance standards are shoxx~n
below:
All common area landscaping and private areas visible from any
public way shall be properly maintained such that they are evenly'
cut, evenly edged, free of bare or brown spots, debris and weeds. All
trees and shrubs shall be trimmed so they do not impede 'pedestrian
traffic along the walk-ways. Trees shall be pruned so they do not
intrude into nei~bor-neighboring properties and shall be maintained
so they do not have droppings or create other nuisances to
neighboring properties. All trees shall also be root pruned to
eliminate exposed surface roots and damage to side-walks,
driveways and structures.
All private roimlways, sidewalks and paseos shall be maintained so
that they are safe for users. Si_m-fificant pavement Crac 'ks, pavement
distress, excessive slab settlement, abrupt vertical variations and
debris on travel-ways should be removed or repaired promptly. In
addition, the pedestrian access at the main project entry shall remain
open and accessible to the public-at all times.
,
Common areas shall be maintained in such a manner as to avoid the
reasonable determination of a duly authorized official of the Cit2:'
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) fe.et of the property, may
also be added as alternative language.
Homeowners Association approval of exterior improvements requiring a
building permit shall be obtained prior to requesting a building permit from
the City .of Tustin Community Development Department. All plans for
exterior improvements shall conform to requirements set forth by the Ci~'
and the CC&R's.
He
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 or driveway area except for purpose of loading, unloading,
making deliveries or emergency repairs except that the Homeowners
Association may adopt rules and regulations to authorize exceptions.
The Homeowners Association is responsible for monitoring and enforcing
any and all parking and traffic regulations on private streets and courts. The
project CC&R's shall include provisions to require the Association, to
develop and enact an enforcement program related to enforcement of
par'king and traffic regulations within the private development. Said
program may include provisions for lewing fmcs, collecting fmcs and
enforce-enforcement/monitoring by private security companies/persons.
Exh.ibit A - Resolution Nc
VTT 156O 1
Page 12
587
To ensure the proper use of parking space w4thin the subdMsion, CC&R's
shall include the following acknowledgments and restrictions, which shall
also be signed as a separate notification/acknowled=~nent, by each new
homeowner in the subdivision:
All on-street parking spaces are designated as guest par'king;
individual owners shall have no right to rise guest spaces for any
vehicle.
2. Individual owners shall park vehicles in garage spaces.
.
Individual bwner understands that the subdivision has strict parking
regulations that will be enforced by the Homeowner's Association.
,
Individual property owners shall park vehicles in garage spaces.
Storage of personal items may occur in the garages only to the extent
that vehicles may still be able to be parked within the required
garage spaces.
Prior to implementation Of such a pro~m'am, copies of the approved' HOA'
program shall be fo~'arded to the City of Tustin Police Department and
Community Development Department for review and approval. The Police
Department and Community Development Department shall also be
provided with any amendments or modifications to the program. Ail
parking regulations shall be enforced at time of final occupancy of any phase
of the project.
J..
A minimum of 88 parking spaces shall be permanently maintained' at a rate
of two garage spaces per each dwelling unit. An additional minimum of 88
unassigned guest spaces shall also be permanently provided on-street.
Ko
Individual units shall not have separate external television and radio
antennfis except as otherwise provided by law. Either a central antenna shall
'be provided with connections to each unit via underground or internal wall
wiring, or each unit shall be prewired and served by an underground cable
antenna service provided by a company licensed to provide such service
within the city.
Lo
Mo
N.
All utility services serving the site shall be installed and maintained
underground.
-.
The Association shall be required to file the name, address, and telephone
number 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 case of emergency or in those cases wenere 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. In
addition, the CC&R's shall advise homeowners that MCAS, E1 Toro is
· scheduled for closure by the Department of Defense. Future uses' of the base
Exhibit A - Resolution No..
VTT 15601
Pa~e 13
~7
are not 'known with certainty at this time; however, on December 12, 1996,
the Orange County Board of Supervisors endorsed a proposal to convert the
facility to an international commercial civilian airport.
Oo
Qe
No amendment to alter, modify, terminate or change the Homeowner's
Association's obligation to maintain the common areas and the project
perimeter walls (including such walls 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 fight 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. This shall not preclude the
Homeowner's Association from assessing charges to individual property
o~ers for structural damage to such walls. '
Provisions shall be made to specifically identify that street light standards
and mailboxes may be located within the public utility easement behind the
private street fight-of-way. Where such facilities are located on private
property within the utility easement, notification shall be given to those
owners as to the locations, types and quantities of all facilities as they relates
to their specific property.
Maintenance Of all manufactured slopes within rear yards shall be the
responsibility of the individual property owners. The CC&Rs shall include
specific standards for the maintenance of slopes and drainage devices.
Pursuant to Section 5.4 of the City Grading Manual, all proposed and future
structures will be subject to setback requirements for footings on or adjacent
to slopes. Disclosure information shall' be included that the use of walls or
other devices to retain' the rear yard slopes on Lots 3-8 and 30-36 shall be
limited to a maximum of four (4) feet from th& finished pad elevation.
RQ
S.
T,,
Disclosure to all future homeowners and purchasers of property that
surrounding properties may be developed consistent 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 will be preserved as development of surrounding
properties occurs..
Maintenance Of ail slopes and drainage devices on individual lots within
fenced yard areas shall be the responsibility of the individual property
owner.
Disclosure to all future homeowners'of the specific location and type of
structures which will be located within the public utility easement.
U.
All streets within this development are private and shall be maintained by
the Homeowners Association. Should, at any time in the future, the
Homeowners Association request that the City accept the streets as public
streets, the .Homeowners Association shall be responsible for modifying all
streSts to meet the then most current, public street standards.
Exhibit A - Resolution No. 3>87
VTT 15601
Page 14
Vo
Disclosure information that the side entry garages with less than a 20-foot
front yard setback are constructed as non-habitable space and cannot be
converted to habitable space as defined by the Uniform Building Code.
Wo
Home occupations may be permitted consistent with City Regulations and
upon issuance of a City Business License.
(])
HOME BLrYER NOTIFICATION
9.1 Prior to issuance of Certificate of Occupancy:
go
A document separate from the deed shall be prepared which will be an
information notice to future home buyers of aircraft noise impacting the
subdivision. The notice shall further indicate that additional building
upgrades may be necessary for noise attenuation. This determination is to
be made as architectural drawings become available and/or where field
testing determines inadequate noise insulation. ~
g.
The developer shall provide the City with a schools notification statement
which shall be reviewed and approved by the DireCtor of Community
Development arid participation by the governing school district which shall
indicate:
(])
The location of existing and proposed elementary, middle and high
schools which will serve the subdivision (text and map) and that the
school boundaries are subject to change.
(2)
Advice to home buyers that proposed school sites may never be
consUmcted.
C.
The Subdivider shall provide the City with a statement Which must be
si~ed by each home buyer which shall contain a comprehensive description
of all private and public improvements and developments adjacent or in
close proximity to the proposed development.
D,
The developer shall provide the City with an information notice to future
homeowhers of lots that have above ground utilities or structures (such as
li~t standards and fire hydrants) located within a public utility easement
identifying the type of structure and their locations.
9.2
E.
Disclosure information related to aircraf~ noise impacting the subdivision, as
approved by the City of Tustin Community Development Department. In
addition, the CC&R's shall advise homeowners that MCAS, E1 Toro is
scheduled for closure by the Department of Defense. Future uses of the base
are not known with certainty at this time; however, on December 12, 1996,
the Orange County Board of Supervisors endorsed a proposal to convert the
facility to an international commercial civilian airport
It is the Subdivider's Obligation to notify all potential buyers of subdivided lots of all
liens and assessments against the subdivided properties including, but not
necessarily limited to, the following:
Exhibit A - Resolution No. _~87
VTT 15601
Page 15
*** 9.3
A. Reassessment District 95-2.
B. City of Tustin Landscape and Lighting District.
C. That the project is located within a Mello Roos District.
A separate notice shall be provided to and executed by the future homeovmer of
those lots that contain side entry garages with less than a 20-foot front yard setback
cle.arly disclosing that the garages shall be constructed as non-habitable space and
cannot be converted to habitable space, as defined by the Uniform Building Code.
Said notice shall be reviewed and approved by the City Attorney and Community
Development Department prior to recordation of .any final map. A copy of the
executed notice shall be' provided to the Community Development Department
immediately upon close of escrow.
A separate notice shall be provided to and executed by the future home owner's of
Lots 3-8 and 30-36 clearly disclosing that the use of walls or other devices to retain
the rear yard slope shall be limited to a maximum of four (4) feet in heL~ht measured
fi'om the finished pad elevation. Said notice shall be reviewed and approved by the
Community Development Department and City Attorney prior to recordation of any
final mapo A copy of the executed notice shall be provided to the Community
Department immediately upon close of escrow.
(1)
FEES
10.1
Prior to recordation of any final map, Subdivider shall pay plan check and
inspection fees for all public and/or private infrastructure improvements within the
City's responsibility excluding those financed by an Assessment District..
(1)
(5)
10.2
Prior to issuance of any building permits; payment shall be made of all applicable
fees, including but not limited to the following. Payment shall be required based
upon those rates in effect at the time of payment and are subject to change.
A.
All applicable building, grading and private improvement plan check and
permit fees to the Community Development Department based upon the
most current schedule.
·
g'.
New development fees in the amount of $350 per single family unit to the
Community Development Department.
Co
School facilities fee to the Tustin Unified School District subject to any
agr~ cement reached and executed between the District and the Developer, or
proof of a release from payment of any fee.
Di
Major thoroughfare'and bridg~'fees in thi amount'of $2,612 per/mit to the
Tustin Public Works Department.
E,
Water and sanitary sewer connection fees to the Irvine Ranch Water District.
..
Exhibit A - Resolution No. 3.~87
VTT 15601
Page 16
(1) 10.3
Prior to recordation of a final map, payment shall be made of all applicable
Reassessment District No. 95-2 reapportionment costs as required by the City
Engineer. Reapportionment of acreage assessment to individual subdivided lot
assessment.
(5) 0.4
Within forty-eight (48) hours of approval of the subject project by the City Council,
the applicant shall deliver to the Community Development Department, a caskier's
check payable to the COU~'TY CLERK in the amount of $38.00 (thirty-eight
dollars) 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 si~mfificantly len~m, hened.
In addition, should the Department of Fish and Game reject the Certificate of Fee
Exemption filed with the Notice of Determination and require pa3~ent of fees, the
applicant shall deliver to the Community Development Department, within forty.-
eight (48) hours of notification, a caskier's check payable to the COUNTY CLERK
in the amount of $850 (eight hundred fifty dollars) pursuant to Fish and Game Code
7I 1.4. If this fee is imposed, the subject project shall not be operative, vested or
final unless and until the fee is paid.
Pcresos:TT15601a