HomeMy WebLinkAboutPC RES 34821 RESOLUTION NO. 3482
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE
TENTATIVE TRACT MAP NO. 15350.
The Planning Commission of the City of Tustin does hereby resolve
as follows:
I. The Planning Commission finds and determines as follows:
a.
That Tentative Tract Map No. 15350 was submitted to the
Planning Commission by Irvine Apartment Communities for
consideration.
B ·
That a public hearing was duly called, noticed and held
for said application by the Planning Commission on
October 28, 1996.
C ·
That an Environmental Impact Report EIR 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 o
That the proposed subdivision is in conformance with the
Tustin Area General Plan, adopted East Tustin Specific
Plan (as amended by ZC 94-004), Development Agreement (as
amended by the Second Amendment),. and Subdivision Map
Act.
E .
The 2.0856 acres of parkland required for this
development was previously dedicated with the recording
of Tract 15055.
F .
That the City has reviewed the status of the School
Facilities Agreements between the Irvine Company and the
Tustin Unified School District for the impact of
Tentative Tract 15350 on School District facilities, and
changes in state law. 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.
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.
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.
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Resolution No. 3482
Page 2
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K.
That the design of the subdivision or the types of
improvement proposed are not likely to cause serious
public health problems.
The project has been determined to be exempt from the
provisions of Measure "M" because entitlements specified
in the East Tustin Development Agreement entered into in
1985, and the estimated project generated traffic does
not cause the roadway system to exceed established levels
of service standards.
II. The Planning Commission hereby recommends that the City
Council approve Tentative Tract Map 15350, subject to the
conditions contained in Exhibit A, attached hereto.
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PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 28th day of October, 1996.
LOU BONE
Chairman
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. 3482 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission,
he~ of October, 1996.
BARBARA REYES ~
Recording Secretary
EXHIBIT A
TENTATIVE TRACT MAP 15350
RESOLUTION NO. 3482
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 1.1 Prior to recordation of the final map, the Subdivider
(2) shall prepare plans for construction or post security
(3) guaranteeing construction of all public and/or private,
(5) infrastructure improvements within the boundary of said
tract map in conformance with applicable City standards,
including but not limited to the following:
no
C .
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
Curb and gutter
Sidewalks, including curb ramps for the physically
disabled
Drive aprons
Signing/striping plan
Street paving
Street lighting
Catch basins/storm drain
Domestic water facilities
Reclaimed water facilities
Sanitary sewer facilities
Landscaping and Irrigation
Underground utility connections
Traffic signal modification plan
The amount of acceptable sedurity for completion 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.
In addition, a 24"x 36" reproducible construction area
traffic'control plan, prepared by a California Registered
Traffic Engineer or Civil Engineer experienced in this
type of plan preparation, will be required.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 2
(1) 1.2 Ail construction within a public right-of-way and/or
public easements must be shown on a separate 24" x 36"
plan prepared by a California Registered Engineer, with
all construction referenced to applicable City, County or
Irvine Ranch Water District standards drawing numbers.
(1) 1.3 Ail changes in existing curbs, gutters, sidewalks and
(6) other public improvements shall be responsibility of
subdivider.
(1) 1.4 Preparation of plans for and construction of:
ae
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.
B o
A domestic water system must comply with the
standards of the Irvine Ranch Water District/City
of Tustin Water service, whichever is applicable.
Improvement plans shall also be reviewed and
approved by the Orange County Fire Authority for
fire protection purposes. 'The adequacy and
reliability of water system design and the
distribution of fire hydrants will be evaluated.
The water distribution system and appurtenances
shall conform to the applicable laws and adopted
regulations enforced by the Orange County Health
Department. Any required reclaimed water systems
shall comply with the standards as required by the
Irvine Ranch Water District.
C o
Sewer and water facilities shall be clearly
indicated as publicly maintained. Maintenance
access to water facilities shall be the
responsibility of the Homeowner's Association and
accommodations for such access shall be established
prior to building permit issuance.
(1) 1.5 Proposed streets shall be designed to the following
(5) specifications:
(6)
A. All proposed streets shall be designed .in
substantially the same width and alignment as shown
on the approved tentative map unless modified and
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 3
approved by the Directors of Community Development
and Public Works.
o
Ail streets and drives shall be constructed in
accordance with City requirements in terms of type
and quality of material used.
C.
Sidewalk areas shall flare around the placement of
above ground facilities, such as signing, street
lights and fire hydrants unless located outside of
the sidewalk.
D o
Parking shall.only be permitted on streets as
approved by the Police and Fire Departments.
Signage and red curbing shall be installed where
appropriate.
(1) 1.6 Streets, storm drain, water and sewer improvement plans
(6) shall comply with. the "City of Tustin Minimum Design
Standards for On-Site Street and Storm Drain
Improvements", except as modified by the Building
Official.
(5) 1.7 The developer will be responsible for any traffic signing
and/or striping along Irvine Boulevard and Robinson Drive
north of Irvine Boulevard which will be required as a
result of this development. A 24" x 36" reproducible
signing and striping plan will be required and said plan
shall be prepared by a California Registered Civil
Engineer.
(1) 1.8 A complete hydrology study and hydraulic calculations
(5) shall'be submitted for review and approval by the City
prior to permit issuance. The inlet at the sump location
shall accept 100 year storm Q.
(5) 1.9 In addition to the normal full size plan submittal
process, all final development plans, including but not
limited to: tract maps, parcel maps, right-of-way maps,
records of survey, public works improvements, private
infrastructure improvements, and final grading plans are
also required to be submitted to the Public Works
Department/Engineering Division in computer- aided
drafting and design (CADD) format.. The acceptable
formats shall be Intergraph DGN or AutoCad DWG file
format, but in no case less than DXF file format. The
City of Tustin, CADD conventions shall be followed in
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 4
preparing plans in CADD, and these guidelines are
available from the Engineering Division.
The applicant may submit manually prepared plans in lieu
of CADD files and pay a "processing fee" to the City to
have the drawings converted into CADD format. This fee
will cover the City's costs to transfer the information
from the above noted plans to CADD so the information can
be integrated into the City's infrastructure base map.
The processing fee will be determined on a case by case
basis after the plans have been submitted for review.
(1) 1.10 Ail required modifications to the existing ~raffic signal
at Irvine Boulevard and Robinson Drive will be the
responsibility of the developer, including installation
of loop detectors at the entrance street, upgrade the.
existing traffic signal controller to current City
Standards, and relocation of the existing pull boxes in
the roadway median. Ail modifications shall be shown on
a duplicate mylar of the existing traffic signal plan and
the modifications shall be prepared by a California
Registered Civil Engineer. A traffic signal equipment
and maintenance easement will be required at the main
entrance from Irvine Boulevard.
(1) 1.11 Catch basins shall be provided at Irvine Boulevard and
(5) the drive entrance opposite Robinson Drive with
connection to the existing 54" RCP storm drain in Irvine
Boulevard, to eliminate the need for a cross gutter.
DEDICATIONS/RESERVATIONS/EASEMENTS
(1) .2.1 The subdivider shall satisfy dedication and/or
(2) reservation requirements as applicable, including but not
(5) limited to dedication of all required street and flood
(6) 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 applicable agencies.
(5) 2.2 Dedication of an access easement to the City of Tustin
through the property to the storm drain at the southerly
end of Lot "C" (sump ' location) for storm drain
maintenance purposes will be required. The final
location and width of the easement shall be reviewed and
approved by the Public Works Department prior to approval
of the final map.
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 5
(5) 2.3 Lots I and K shall be maintained by the Landscape and
Lighting District and shall be equipped with a
computerized irrigation system fully compatible with the
existing system currently utilized in other areas of
Tustin Ranch, subject to approval of the Director of
Public Works.
(5) 2.4 The developer will be required to execute a drainage
agreement with the City of Tustin to accept drainage from
the public right-of-way which will flow onto the private
streets and into the private storm drain system. This
drainage agreement must be recorded prior to, or
concurrently with, recordation of the final map.
(5) 2.5 A traffic signal equipment and maintenance easement will
be required at the main entrance from Irvine Boulevard.
Said easement must extend 30 feet southwesterly from the
southwesterly line of Lot J.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 3.1 Prior to recordation of a final map, the subdivider shall
(2) post. with the Community Development Department a minimum
(6) $2,500 cash deposit or letter of credit to guarantee the
sweeping of streets and clean-up of streets affected by
construction activities. If this deposit is depleted
prior to completion of development or the appearance of
public streets necessitates additional cleaning, an
additional incremental deposit will be required.
(1) 3.2 Any damage done to existing street improvements and
(6) 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.
(1) 3.3 Prior to any work in the public right-of-way, an
Encroachment Permit must be obtained from and applicable
fees paid to the Public Works Department.
(5) 3.4 Existing sewer, domestic water, reclaimed water and storm
drain service laterals shall be utilized when possible.
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 6
(5) 3.5 Modify existing median including landscape and irrigation
to provide a left turn pocket for entrance opposite
Robinson Drive. Design of left-turn pocket shall be
based upon projected demand at the intersection.
Improvement plans shall be submitted for review and
approval by the Public Works Department.
(5) 3.6 This development shall be phased so that all construction
access will be taken through Kinsman Circle and/or "A"
Street. No temporary access locations will be permitted.
GRADING/GENERAL
(1) 4.1 Prior to issuance of grading permits:
(2)
(6) Ao 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 Grading Requirements, and all
other applicable state and local laws, regulations
and requirements.
B .
The applicant shall submit 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;
2. Applicable recommendations submitted by
geotechnical or soils engineer;
.
Compliance with conceptual grading shown on
tentative tract map;
A drainage plan and necessary supporting
documents such as hydrology calculations to
comply with the following requirements:
a ,
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 year storm
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 7
o
.
,
and dedication of any necessary easements
on the final map as required.
b .
Elimination of any sheet flow and ponding
across lot lines.
C ·
Provision of drainage facilities to
protect the lots from any high velocity
scouring action.
d.
Provision for tributary drainage from
adjoining properties;
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;
A note shall be placed on the plans that a
qualified paleontologist/archeologist, as
appropriate, shall be present during rough
grading operations. If resources are found,
work shall stop in the affected area and all
resources shall be excavated or preserved as
deemed appropriate or as recommended by the
paleontologist/archeologist subject to review
and approval by the Public Works and Community
Development Departments. All "finds" shall be
reported immediately to the Department of
Community Development. The paleontologist/
archeologist shall attend the pregrade
construction meeting to ensure that this
condition and necessary procedures in the
event of a "find" are explained;
The applicant shall prepare a sedimentation
and erosion'control plan for. all construction
work, including a method of control to prevent
dust and windblown earth problems.
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 8
(1) 4.2 Ail earthwork shall be performed in accordance with the
(3) City of Tustin Municipal Codes and grading requirements.
(5) 4.3 The applicant shall submit two copies of the Notice of
Intent for the NPDES construction permits, as submitted
to the State of California Water Resources Control Board
(one copy to Community Development/Building Division, one
copy to Public Works Department/Engineering Division).
(5) 4.4 The applicant shall submit two copies of the storm water
pollution prevention plan, as submitted to the State of
California Water Resources Control Board (one copy. to
Community Development/Building Division, one copy to
Public Works Department/Engineering Division).
FIRE DEPARTMENT
(5) 5.1 Prior to the recordation of a final tract map, water
improvement plans shall be submitted to and approved by
the Fire Chief tO ensure adequate fire protection and
financial security shall be posted for the installation.
The water system design, location of valves, and the
distribution for the fire hydrants will be evaluated and
approved by the Chief.
(5) 5.2 Prior to the issuance of any final map, the applicant
shall submit evidence of the on-site fire hydrant system,
and indicate if the improvements are public or private.
If the system ~s private, provision shall be placed in
the CC&R's for the repair and maintenance of the system.
(5) 5.3 Prior to the issuance of any certificates of use and
occupancy, all fire hydrants shall have a "Blue
Reflective Pavement Marker" indicating the locations on
the street or drive per the Orange County Fire Authority
Standard. On private property, these markers shall be
maintained in good condition by the property owner.
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 9
(5) 5.4 Prior to the issuance of any building permits, 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) 5.5 Prior to the issuance of any grading permits, plans for
the fire alarm 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. This shall comply with
Uniform Fire Code Section 14.104 (g).
(5) 5.6 Prior to the issuance of any grading permits, street
improvement plans with fire lanes shown shall be
submitted to and approved by the Fire Chief. The plans
shall show the locations of red curbing and signage, and
proposed signage with the' height, stroke and color of
lettering and the contrasting background color. 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) 5.7 Prior to the issuance of any grading permits, plans for
all street and drives, public or private, shall be
submitted to and approved by the Fire Chief. The plans
shall include sectional views and indicate the width
measured flow line to flow line. All proposed fire
apparatus turnarounds shall be clearly marked.
(5) 5.8 Prior to the issuance of any building permits,
construction details for any emergency access gate shal~
be submitted to and approved by the Fire Chief. Contact
the Orange County Fire Department at (714) 744-6623 for
a copy of the "Guidelines for Fire Department Emergency
Access." See comments 5.6 and 5.7 above.
(5) 5.9 Prior to issuance of any building permits, contact the
Orange County Fire Department Hazardous Materials
Disclosure Office at (714) 744-0463 to obtain a
"Hazardous Materials Business Information and Chemical
Inventory Packet" for swimming pool. chemicals. This
shall be completed and submitted to the Fire Chief before
the issuance of any building permits.
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 10
(5) 5.10 Prior. to the issuance of any grading permits, the
applicant shall submit to the Fire Chief a list of the
quantities of all hazardous, flammable and combustible
chemicals. These liquids and materials are to be
classified according to the "Orange County Fire
Department Chemical Classification Handout". Provide a
summary sheet listing each hazard class, the total
quantity of chemicals stored per class and the total
quantity of chemicals used in that class. Ail forms of
materials are to be converted to units of measure in
pounds, gallons and cubic feet. Compressed gases and
compressed liquified gases are to be converted to cubic
feet.
(5) 5.11 Prior to the recordation of the final tract map, two
approved means of access shall be provided.
NOISE
(1
(2)
(3)
6.1 Prior to the issuance of any building permits:
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 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.
(1) 6.2 Prior to issuance of any Certificate of Use or
(3) 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.
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 11
(1) 6.3 Ail construction operations including engine warm up
(5) 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
and 9:00 a.m. until 5:00 p.m. on Saturdays, unless
otherwise determined by the Building Official.
(1) 6.4 Construction hours shall be clearly posted on the site to
(5) the satisfaction of the Building Official.
CC&R'S
(1) 7.1 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 Department after their recordation.
CC&R's shall include but not be limited to the following
provisions:
a.
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 Q. 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, fences and paseos.
D.- Membership in any Homeowner's Association shall be
inseparable from ownership in individual condominium
units.
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 12
E o
F o
Architectural controls shall be provided and may include
but not be limited to provisions regulating exterior
finished, 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 application
items listed in Section C above in CC&R's. Examples of
maintenance standards are shown below:
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 that 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.
·
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 Homeowner'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.
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 13
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Homeowners'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 their CC&R's. All
plans submitted to the City shall bear the Association's
stamp and authorized signature of approval.
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 purposes 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.
Disclosure information related to aircraft noise
impacting the subdivision, as approved by the City of
Tustin Community Development Department.
Perimeter project block walls and fences to be
constructed on private property shall be maintained and
replaced, if necessary, by a Homeowner's Association.
This shall not preclude a Homeowners'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 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
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 14
No
O o
and maintenance of the project perimeter wall, shall be
effective without the prior written approval of the City
of Tustin Community Development Department.
Maintenance of all manufactured slopes on individual lots
shall be the responsibility of the individual property
owners.
The Homeowner's Association is responsible for monitoring
and enforcing any and all parking and traffic regulations
on private streets. The project CC&R's shall include
provisions to require the Association, to develop and
enact an enforcement program related to enforcement of
parking and traffic regulations within the private
development. Said program may include provisions for
levying fines, collecting fines and enforcement/
monitoring by private security companies/persons.
To ensure the proper use of parking spaces within the
subdivision, CC&R's shall include the following
acknowledgments and restrictions, which shall also be ·
signed as a separate notification and acknowledgement, by
each new homeowner in the subdivision:
.
Project has 192 guest spaces; individual owners
shall have no right to use guest spaces for any
vehicle.
·
Individual owners shall park vehicles in garage
space and/or carport provided vehicles do not
overhang the public or private right-of-way or
sidewalk easements. 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.
.
Individual owner understands that the subdivision
has strict parking regulations that will be
enforced by the Homeowner's Association.
·
Should an individual owner own more than two
vehicles, additional vehicles shall be kept outside
of the subdivision boundaries.
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 15
Prior to implementation of such a program, copies of the
approved HOA program shall be forwarded to the City of Tustin
Police Department and Community Development Departments for
review and approval. The Police Department and Community
Development Departments shall also be provided with any
amendments or modifications to the program. All parking
regulations shall be enforced at time of final occupancy of
any phase of the project.
TENANT/HOMEBUYER NOTIFICATION
(1) 8.1 Prior to issuance of any Certificate of Occupancy:
a.
A document separate from the deed, which will be an
information notice to future tenants/homebuyers of
aircraft noise impacting the subdivision, shall be
recorded. The notice shall further indicate that
additional building upgrades may be necessary for
noise attenuation. This determination shall be
made as architectural drawings become available
and/or where field testing determines inadequate
noise insulation.
B ·
The subdivider shall submit for review and approval
of content by the Director of Community
Development, a copy of rental/sales literature for
the residential project with the approved
aircraft/helicopter noise statement and the
approved schools notification statement. Any
changes to the rental/sales literature after
initial City approval shall be submitted to the
Director of Community Development for approval.
C.
The subdivider shall provide the City with a copy
of the approved aircraft/helicopter noise statement
which shall contain a disclosure document on
aircraft notification. Said document must be
signed by each tenant/homeowner prior to occupancy
of any unit. The content of the statement shall be
approved by the Director of Community Development
prior to circulation.
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 16
m .
The developer shall provide the City with a schools
notification statement which shall be reviewed and
approved by the Director of Community Development
and participation by the governing school district
which shall indicate:
(1) The location of existing and proposed
elementary, middle and high schools which will
serve the subdivision (text and map); and
(2) Advice to homebuyers that proposed school
sites may never be constructed.
E .
The future developer shall provide the City with a
statement, signed by each tenant/homebuyer,
containing a comprehensive description of all
private and public improvements and developments
adjacent or in close proximity to the proposed
development.
(1) 8.2 The subdivider shall notify all potential buyers of
(5) subdivided lots and potential liens/assessments against
the subdivided properties as follows:
A. Re-assessment District 95-1; and
B .
The City of Tustin Landscaping and Lighting
District as amended.
FEES
(1) 9.1 Prior to issuance of any building permits, payment shall
(5) be made of all applicable fees, including but not limited
to the following. Payment shall be required based upon
those rates in effect at the time of payment and are
subject to change.
a.
Building plan check and permit fees to the
Community Development Department based on the most
current schedule.
B ·
New development fees in the amount of $350 per unit
plus $100 for each bedroom over 1 bedroom to the
Community Development Department.
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 17
C .
Required East Tustin Facility Fees, as amended, to
the Community Development Department as may be
adjusted annually to reflect cost of living
increases:
1)
2)
3)
Civic Center Expansion Fee in the amount of
$35,456
Irvine Boulevard Widening Fee in the amount of
$5,610
Fire Protection Facility Fee in the amount of
$36,853
D.
Major thoroughfare and bridge fees in the amount of
$1,487 per unit to the Tustin Public Works
Department.
E .
Payment of all applicable Re-assessment District
95-1 reapportionment costs to the Public Works
Department as required by the City Engineer.
Reapportionment of acreage assessments to
individual subdivided lot assessment.
F .
School facilities fee to the Tustin Unified School
District subject to any agreement reached and
executed between the District and the applicant.
Go
Water and sewer connection fees to the Irvine Ranch
Water District.
(1) 9.2 Within forty-eight (48) hours of approval of the subject
(5) project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
COUNTY 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 provision% of the California
Environmental Quality Act could be significantly
lengthened.
Exhibit A - Resolution No. 3482
Conditions of Approval
TT 15350
Page 18
GENERAL
(1) 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.
(1) 10.2 Prior to occupancy of units as condominiums, the
subdivider shall record a final map in conformance with
the approved tentative map.
(1) 10.3 Prior to final map approval, the subdivider shall:
Submit a current title report;
B .
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; and
C.
A list of street names to be approved by the City
of Tustin Street Naming Committee.
(1) 10.4 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 EIR 85-2.
(1) 10.5 The cumulative number of residential units for which
certificates of occupancy may be issued shall not exceed
the cumulative total of square feet of occupied revenue
generating uses; or equivalents as shown in the East
Tustin Specific Plan Development Agreement.
(1) 10.6 Prior to release of building permits, all conditions of
approval of Design Review 96-038 of the subject project
shall be complied with as shown on Exhibit A attached to
Resolution No. 3484 and incorporated herein by reference.
(1) 10.7 Tract 15055 shall be recorded prior to the recording of
.Tract 15350 or the. issuance of any permits, including
rough grading for Tract 15350.