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HomeMy WebLinkAboutPC RES 34261 RESOLUTION NO. 3426 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP NO. 15055. 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. 15055 was submitted to the Planning Commission by The Irvine Company for consideration. B . That a public hearing was duly called, noticed and held for said application by the Planning Commission on March 25, 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 , 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 . 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 15055 on School District facilities, an~ changes in State law. Impacts associated with this approval on School District facilities' are adequately addressed. F · That the site is physically suitable for the type of development proposed. G. 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. I · That the design of the subdivision or the types of improvement proposed are not likely to cause serious public health problems. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3426 Page 2 Jo 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 15055, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 25th day of March, 1996. Recording Secretary Chair~man 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. 3426 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of March, 1996. Recording Secretary EXHIBIT A TENTATIVE TRACT MAP 15055 RESOLUTION NO. 3426 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: a. C · D. E. F. G. Curb and gutter, Sidewalks including access facilities for the physically disabled, Drive aprons, Ail signing/striping modifications, Street paving, Street lights, and Catch basins/storm drain laterals/connections to existing storm drain systems (i) (5) The amount of acceptable security 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. (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 All changes in existing curbs, gutters, sidewalks and (6) other public improvements shall be responsibility of subdivider. 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. 3426 Conditions of Approval TT 15055 Page 2 (1) 1.4 Preparation of plans for and construction of: 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 · 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. 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: ~ ae (6) Ail proposed streets shall be designed in substantially the same width and alignment as shown on the approved tentative map unless modified and approved by the Directors of Community Development and Public Works. B . 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, su6h as signing, street lights and fire hydrants unless located outside of the sidewalk. Exhibit A - Resolution No. 3426 Conditions of Approval TT 15055 Page 3 D . Parking shall be prohibited on "A" Street. Signage and red curbing shall be installed where appropriate. (1) 1.6 A complete hydrology study and hydraulic calculations (5) shall be submitted for review and approval by the City prior to permit issuance. (5) 1.7 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 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) 1.8 The developer of Lot 1 shall be required to design and (5) construct improvements and modifications of the traffic signal at Irvine Boulevard/Robinson Drive in conjunction with the development of Lot 1. In addition, a traffic signal equipment and maintenance easement will be required. (1) 1.9 Catch basins shall be provided at Tustin Ranch Road and (5) "A" Street with connection to the existing 48" RCP storm drain in Tustin Ranch Road to eliminate the need for a cross gutter. (1) 1.10 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.' Exhibit A - Resolution No. 3426 Conditions of Approval TT 15055 Page 4 (1) 1.11 Lots 3, A, B and I, and Lot 4, if developed as a (5) neighborhood park, shall be maintained by the Landscape and Lighting District and shall be equipped with a computerized irrigation system fully compatible with the existing systems currently utilized in other areas of Tustin Ranch, subject to approval of the Director of Public Works. 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. (1) 2.2 The subdivider shall provide an Irrevocable Offer of (5) Dedication of 10 feet along Tustin Ranch Road between "A" Street and Irvine Boulevard, subject to final approval of the Director of Public Works and the City Attorney. (1) 2.3 "A" Street shall be restricted to right-turn in/right- (5) turn movements only. (1) 2.4 If Lot 4 is developed with residential uses, access to Lot 4 from "A" Street shall be restricted to pedestrians and emergency vehicle access only. *** 2.5 The maintenance, responsibility for Lots D, F and H shall be Homeowners Association or City Approved Alternate. 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. Exhibit A - Resolution No. 3426 Conditions of Approval TT 15055 Page 5 ', (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. GRADING/GENERAL (1) 4.1 Prior to issuance Of grading permits: (2) (6) A. 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: o 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. 3426 Conditions of Approval TT 15055 Page 6 o o *** 7. . 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. do 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. 3426 Conditions of Approval TT 15055 Page 7 (1) 4.2 Ail earthwork shall be performed in accordance with the (3) City of Tustin Municipal Codes and grading requirements. (1) 4.3 Prior to the recordation of a final map, the applicant (5) 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 (BMPs) and detailing implementation of the BMPs not dependent on specific land uses. (1) 4.4 Prior to issuance of grading, grubbing and clearing or (5) paving permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Storm water Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this has been obtained shall be submitted to the'Building Official. PARK/RECREATION (7) 5.1 Lot 3 shall be a minimum of 3.6 acres and dedicated to the City by separate instrument prior to recordation of a final map. The subdivider shall receive parkland credit as identified in the East Tustin Parkland Dedication Summary for said dedication. (7) 5.2 Lots 4, F and H shall total a minimum of 1.4 acres and shall be "Reserved for Park Purposes". The subdivider shall not receive parkland credit for the 1.4 acres if the City purchases the land as per the Second Amendment to the East Tustin Development Agreement. (7) 5.3 The subdivider shall submit to the City a parkland contribution in the amount of Two ~undred Thousand Dollars ($200,000) prior to recordation of a final map, or issuance of the first building permit for residential development, whichever occurs first. The subdivider shall not receive parkland credit for the monetary contribution as per the Second Amendment to the East Tustin Development Agreement. Exhibit A - Resolution No. 3426 Conditions of Approval TT 15055 Page 8 (7) 5.4 The subdivider and City shall enter into a Letter Agreement, prior issuance of the first building permit for residential development or recordation of a builder level subdivision final map whichever occurs first, which establishes the terms for the developer to sell and advance monies to the City for acquisition of Lots 4, F and H for park purposes, and to advance monies for the design, construction and improvement of the total 5 acre neighborhood park. Said Letter of Agreement shall be consistent with the Second Amendment to the East Tustin Development Agreement. Any monies advanced for the design, construction or improvement of the park site is considered in addition to and separate from the $200,000 monetary contribution required by the Second Amendment to the East Tustin Development Agreement. (5) 5.5 Unless otherwise noted, the following items shall be provided and conditions met subject to the approval of the Director of Community Services prior to City acceptance of the public park site: A® Submittal and approval by the Community Development and Community Services Departments of a soils report and rough grading plans specific to Lot 3 (and Lot 4, if developed as a park) submitted by the subdivider's registered soils and civil engineer. In addition to a standard soils report, the subdivider shall also provide lot specific soil testing for fertility/agronomy, with any recommendations for soil remediation. Be Each Lot identified for park purposes shall be rough graded to two percent (2%) or bonded for per an approved rough grading plan and free of obvious rock and construction debris. Rough grade certification shall be submitted to the Community Development Department, Building Division. Co Full public improvements must be installed, or bonded for per an approved street improvement plan, around the perimeter of the park site, subject to approval by the City Engineer. Exhibit A - Resolution No. 3426 Conditions of Approval TT 15055 Page 9 D . E . Public utility laterals of sufficient size, including water, electricity, sewer, storm drain, natural gas, and telephone communication shall be installed, or bonded for per an approved street improvement plan, subject to approval by the City Engineer. Construction type fencing shall be installed around the perimeter of Lot 3 (and Lot 4 if developed as a park). Prior to the time that the park site is accepted by the City and the perimeter fence is installed, any materials dumped on site shall be removed and restored to original condition at the subdivider's expense. FIRE DEPARTMENT (5) 6.1 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) 6.2 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 is private, provision shall be placed in the CC&R's for the repair and maintenance of the system. (5) 6.3 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. (5) 6.4 Prior to the issuance of any grading permits, plans for all streets and courts, 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. Exhibit A - Resolution No. 3426 Conditions of Approval TT 15055 Page 10 (5) 6.5 Prior to the issuance of any grading permit, streetimprovement 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. NOISE (1) 7.1 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. un~il 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) 7.2 Construction hours shall be clearly posted on the site to (5) the satisfaction of the Building Official. BUYER NOTIFICATION (1) 8.1 Subdivider shall notify potential buyers of their (2) obligations to notify future tenants and. homeowners related to the following: 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 future developer 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 Exhibit A - Resolution No. 3426 Conditions of Approval TT 15055 Page 11 initial City approval shall be submitted to the Director of Community Development for approval. C . The future developer 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. D , The future 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. Assessment District 85-1; and B . The City of Tustin Landscaping and Lighting District as amended. Exhibit A - Resolution No. 3426 Conditions of Approval TT 15055 Page 12 FEES (1) 9.1 Ail properties within the subject map will be subject to Assessment District 85-1 fees to be determined as a result of'land use change. The subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to Assessment District 85-1 as a result of the subdivision. (1) 9.2 Prior to issuance of any permits, payment shall be made of all required-fees, including but not limited to those identified'below. Payment will be required based upon those rates in effect at the time of payment and are subject to change. a. Major thoroughfare and bridge fees to Tustin Public Works Department: Single-Family Detached @ $2,501/unit; Multiple-Family @ $1,455/unit. B . Sanitary sewer connection fee to Irvine Ranch Water District. C· Grading plan checks and permit fees to the Community Development Department to be determined at building plan check. D . Ail applicable Building plan check and permit fees to the Community Development Department to be determined at building plan check. E , New development fees to the Community Development Department: Single-Family Detached @ $350/unit; Multiple-Family @ $350/unit + $100 for each bedroom over 1 bedroom. F · School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. Exhibit A - Resolution No. 3426 Conditions of Approval TT 15055 Page 13 *** 9.3 Prior to recordation of a final map, a revised fee program applicable to Lots 1 and 2, and 4 and 5 for payment of East Tustin Facility Fees for the Civic Center Expansion, Irvine Boulevard Widening and Fire protection Facility and Equipment shall be approved by the City Council. (1) 9.4 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 $38.00 (thirty-eight dollars) pursuant to AB. 3185, Chapter 1706, Statutes of 1990, enable the City to file the Notice of Determination required under Public Resources code Section 21151 and 14 Cal. Code of Regulations 15094. If within such forty- eight (48) hour period that the applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight 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. 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 Cod~, 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. Exhibit A - Resolution No. 3426 Conditions of Approval TT 15055 Page 14 (1) 10.2 Prior to final map approval, the subdivider shall: a. Submit a current title report; 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) 10.3 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) 10.4 Building permits may not occur upon any lot created by Tract 15055 until such time that subsequent, project specific subdivision maps, or other required entitlements are approved for individual lots. (1) 10.5 Each access point is conceptually identified, but exact locations must be reviewed individually as development is proposed. (1) 10.6 The cumulative number of residential units for which (2) certificate of occupancy may be issued shall not exceed (5) the cumulative total of square feet of occupied revenue generating uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. *** 10.7 The building height of any future development on Lot 1 of Tentative Tract Map 15005 shall be consistent with the height limitations specifi'ed in the Second Amendment to the East Tustin Development Agreement. *** 10.8 The perimeter landscaping of any future development on Tentative Tract Map 15005 consistent with the perimeter Landscaping Concept Plan rec~irements specified in the Design review 94-032.' DF: :br :3426