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HomeMy WebLinkAboutPC RES 32801 RESOLUTION NO. 3280 ---- 6 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 14914. 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. 14914 was submitted to the Planning Commission by Donley- Bennett Architects for consideration. Be That a public hearing was duly called, noticed and held for said map on June 13, 1994, by the Planning Commission. Ce That a Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act for the subject project. De That the proposed subdivision is in conformance with the Tustin Area General Plan and Subdivision Map Act as it pertains to the development of commercial property. Ee That Vesting Tentative Tract 14914 would not have an impact on School District facilities. Fe That the site is physically suitable for the type of development proposed. Go That the site is physically suitable for the proposed density of development. He 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. I · That the design of the subdivision or the type of improvements proposed will not conflict with easement acquired by the public at large, for access through or use of the property within the proposed subdivision. Se 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 2O 21 22 23 24 25 26 27 28 Resolution 3280 Page 2 II. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map No. 14914, 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 13th day of June, 1994. BARBARA REYES Recording Secretary KATHY WE~L Chairperson 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. 3280 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of June, 1994. Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 14914 RESOLUTION NO. 3280 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 1.1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and 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® Ce D. E. F. F. G. H. I. J. K® L® Curb and gutter/cross gutters. Sidewalks including access facilities for physically handicapped person. Drive aprons/approach Street paving Street signing and paving Street trees Alley Joins Sanitary sewer facilities Domestic waster facilities Storm drain connection Removal/reconstruction of curb ramp per City Standard 124 at the curb return of E1 Camino Real and Newport Avenue. Undergrounding of existing and proposed utility distribution lines Lot monumentation Fire hydrants (5) The amount of acceptable security for conduction of public improvements shall be reviewed and approved by the Public Works Department. The amodnt and acceptable · security for private improvements shall be reviewed and approved by the Building Official. (1) 1.2 Ail construction within a public right-of-way and/or public easement must be shown on a separate 24" x 36" plan as prepared by a California Registered Engineer with all construction referenced to applicable City or County standard drawing numbers. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (Z) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 2 (1) ~.3 Ail changes in existing curbs, gutters, sidewalks and (6) other public improvements shall be responsibility of subdivider. (1) ~.4 Preparation of plans for and construction of: A® Ail sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Orange County Sanitation District. Be A domestic water system must be to the standards of the City of Tustin Water Service. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluate. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall be to the standards as required by the City of Tustin Water Service. Ce Sewer and water facilities shall be clearly indicated as publicly maintained. Maintenance access to water facilities shall be the responsibility of the property owner and accommodations for such access shall be established prior to building permit issuance. (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 vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. Be Ail streets and drives shall be constructed in accordance with City requirements in terms of type and quality of material used. Co Sidewalk areas shall flare around the placement of all above ground facilities, such as signing, street lights and fire hydrants unless located outside of sidewalk widths within public utility easement areas. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 3 (1) 1.6 On-site parking lot, storm drain, water and sewer (6) improvement plans 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 A 24" x 36" signing and striping plan showing all modifications along Newport Avenue and E1 Camino Real as a result on this development will be required. Said plans shall be prepared by a California Licensed Traffic Engineer and/or Civil Engineer experienced in this type of plan preparation. (5) ~.8 A 24' x 36" reproducible work area traffic control plan prepared by a California Registered Traffic Engineer shall be provided prior to permit issuance. (1) ~.9 A complete hydrology study and hydraulic calculations (5) shall be submitted for review and approval prior to permit issuance. (5) ~.~0 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 impr'ovements, private infrastructure improvements, and final grading plans are also required to be submitted to the Public Works Department/Engineering Division in compute 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. An option, the applicant may submit manually prepared plans and in lieu of CADD files 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 that it 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) ~.ll The applicant shall install two new street lights on (5) marbelite poles along E1 Camino Real frontage. (1) ~.~2 Ail utilities exclusively serving the site shall be undergrounded. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 4 (5) (1) (2) (5) (6) (1) (5) (1) (5) (1) (5) 1.13 The applicant shall be responsible for undergrounding all existing overhead utilities located in the alley along the northerly side of the project, including removing existing utility poles and restoring utility service underground to the affected properties on the north side of the alley, subject to entering into a reimbursement agreement with the City of Tustin Redevelopment Agency to recover the associated costs of undergrounding the utilities on the properties on the north side of the alley, subject to approval of the Community Development Department, Public Works Department and the City Attorney's office. Costs associated with the removal of the existing power pole located approximately 275 feet east of Newport Avenue and located in the middle of the proposed driveway on the east side of Building A shall not be subject to reimbursement by the Agency. 1.14 No on-site drainage shall be permitted to be discharged into the existing catch basin on Newport Avenue and/or storm drain system in Newport Avenue as this site is not within the drainage area of the Newport Avenue storm drain system. The conceptual grading plan will need to be revised accordingly. DEDICATIONS/RESERVATIONS/EASEMENTS 2.1 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. 2.2 Dedication of street right-of-way shall be provided at the corner cut-off of E1 Camino Real and Newport Avenue sufficient for the construction of a curb ramp per City Standard No. 124. 2.3 Dedication of street right-of-way shall be provided at the radius drive on Newport Avenue per City Standard No. 108E. 2.4 Dedication of 20 feet of street right-of-way shall be provided along the Newport Avenue frontage adjacent to the abandoned rail road easement. City records indicated that the existing right-of-way line at this location is 30 feet easterly of the centerline of Newport Avenue. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 5 CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the final map, 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. 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. (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. GI~ADING/GENE~L (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. Bo Preparation and submittal of a grading plan subject to approval by the Department of Community Development delineating the following information: le · · · Methods of drainage in accordance with all applicable City standards. All recommendations submitted by geotechnical or soils engineer and specifically approved by them. Compliance with conceptual grading shown on tentative tract map. A drainage plan and necessary support documents such as hydrology calculations to comply with the following requirements: Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 6 · · *** 7. a· b· ce d® Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. Elimination of any sheet flow and ponding across lot lines. Provision of drainage facilities to protect the lots from any high velocity scouring action. Provision for tributary drainage from adjoining properties. 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. Note on 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 Department of Public Works and Community Development. 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. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 7 · Preparation of a sedimentation and erosion control plan for all construction work related to the subject tract including a method of control to prevent: dust and windblown earth problems. (1) 4.Z Ail earthwork shall be performed in accordance with the (3) City of Tustin Municipal Codes and grading requirements. FIRE DEPARTMENT (5) 5.~ 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 is posted for the installation. The water system design location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Chief. (5) $.Z Prior to the issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to and approved by the Fire Chief. This letter and plan shall state that water for fire fighting purposes and an all weather fire access road shall be in place before any combustible materials are placed on the site. (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 its location on the street or drive per the Orange County Fire Department Standard. On private property these markers are to be maintained in good condition by the property owner. (5) 5.4 Prior to the issuance of any building permits, plans for the automatic 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 for Buildings of 6,000 square feet or more. (5) 5.5 Prior to installation, plans for an approved fire-suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for approval for the restaurant. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 8 (5) 5.6 Prior to the issuance of any grading permit, street improvement plans with fire lanes shown shall be submitted to and approved by the Fire Chief. Indicate the locations of red curbing and signage. Provide a drawing of the 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 building permits, construction details for any emergency access gates shall 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". The gates behind Building B require a Knox Box or padlock. (5) 5.8 The following notes shall be provided on the site plan: ao Fire Department Final Inspection Required. Schedule inspection 2 days in advance. Phone 832- 1011. Be Locations and classifications of extinguishers to be determined by the fire inspector. Co Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other a hazardous materials shall comply with Uniform Fire Code.Regulations. Do Building(s) not approved for high piled combustible storage. Materials in closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and 6 feet for tires, plastics and some flammable liquids if high stock piling, comply with UFC, Art. 81 and NFPA Std. 231, 231C and 231D. Eo Plans of modifications to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 9 NOISE (1) 6.1 Prior to issuance of any Certificates 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. (1) 6.2 Ail construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. CC&R'S (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 an 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 J. However, the City shall not be obligated to enforce the CC&R's. Be The requirement that association bylaws established. be Ce Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences and paseos. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 10 De Ze Fe Membership in an Association shall be inseparable from ownership in individual lots. Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna. Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: (1) Ail common area landscaping and private lawn areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. All planted areas other than lawns shall be free of weeds, dead vegetation and debris. All trees and shrubs shall' be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. (2) Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within the boundaries of the subdivision and 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 Vesting Tentative Tract Map 14914 Conditions of Approval Page 11 Ge Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. All plans submitted to the City shall bear the Association's stamp and authorized signature of approval. He Ail utility services serving the site shall be installed and maintained underground. I · The Association shall be required to file the names, addresses, and telephone numbers of at least one ~ember 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. Je 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 and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. FEES (1) 8.1 Prior to issuance of any building permits, payment shall (3) be made of all required fees including, but not limited (5) to: ae Major thoroughfare and bridge fees to Tustin Public Works Department. Be Sanitary sewer connection fee to Orange County Sanitation District No. 7. Ce Grading plan checks and permit fees to the Community Development Department. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 12 De Ail applicable Building plan check and permit fees to the Community Development Department. Zo New development fees to the Community Development Department. Fe School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. Ge Transportation System Improvement Program, Area "A" Development Fees to the Community Development Department. He Should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $1,275 (one 'thousand two hundred seventy five dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. (5) 8.Z Prior to recordation of the final map, the subdivider shall provide executed subdivision/monumentation agreements and furnish improvement/monumentation bonds as required by the City Engineer. GENE1L~L (1) 9.~ 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) 9.2 Prior to occupancy of any buildings, the Subdivider shall record a final map in conformance with appropriate tentative map. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 13 (1) 9.3 Prior to final map approval. A. Subdivider shall submit a current title report. Be Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance. (1) 9.4 Subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. *** 9.5 Prior to release of building permits, all conditions of approval of Conditional Use Permit 94-003 and Design Review 94-005 of the subject project shall be complied with or incorporated into applicable working drawings as shown on Exhibit A attached to Resolution No. 3279 and incorporated herein by reference.