HomeMy WebLinkAboutPC RES 3216 ]
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RESOLUTION NO. 3216
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF VESTING TENTATIVE TRACT MAP 14797.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
ao
That Vesting Tentative Tract Map 14797 was
submitted to the Planning commission by California
Pacific Homes for consideration; and
S ·
That a public hearing was duly called, noticed and
held for said map on December 13, 1993, by the
Planning Commission.
Ce
That an Environmental Impact Report (EIR 85-2 for
the East Tustin Specific Plan) has been certified
in conformance with the requirements of the
California Environmental Quality Act for the
subject project area.
D·
That the proposed subdivision is in conformance
with the Tustin Area General Plan, adopted East
Tustin Specific Plan, Development Agreement and
Subdivision Map Act as it pertains to the
development of single family detached dwellings
(patio homes).
Ee
The 1.0584 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 Agreements. between the Irvine Company
and the Tustin Unified School District. The East
Tustin Specific Plan, EIR 85-2 with subsequently
adopted supplements and addenda, the impact of
vesting Tentative Tract 14797 on School District
facilities, and reviewed changes in State law, and
finds and determines that the impacts on School
District facilities by approval of this map are
adequately addressed. .
G ,
That the site is physically suitable for the type
of development proposed.
Ho
That the site is physically suitable for the
proposed density of development.
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Resolution No. 3216
Page 2
I .
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.
S ·
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.
K ·
That the design of the subdivision or the types of
improvement proposed are not likely to cause
serious public health problems.
L·
That the proposed project has been reviewed for
conformity with the provisions of the Orange 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.
That the proposed project has been reviewed for
conformity with the provisions of Measure
"M"/Growth Management Program, and it has been
determined that the proposed project is exempt from
the provisions of Measure "M" in that it has
entitlement specified in a 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 to the City
Council approval of Vesting Tentative Tract Map No.
14797, subject to the conditions contained in Exhibit A
attached hereto.
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Resolution No. 3216
Page 3
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 13th day of December,
1993.
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
KATHY WE~L
Chairperson
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3216 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 13th day of December, 1993.
Recording Secretary
EXHIBIT A
VESTING TENTATIVE TRACT MAP 14797
RESOLUTION NO. 3216
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 ·
C ·
D.
E.
F.
G.
H.
I.
J.
n.
N ·
O ·
Curb and gutter/cross gutters.
Sidewalks including access facilities for
physically handicapped person.
Drive aprons/approach
Street paving
Street signing and paving
Landscaping/irrigation facilities
Sanitary sewer service facilities
Domestic waster service facilities
Reclaimed water service facilities
Utility connections (i.e., gas, electric,
telephone, and cable T.V. facilities.)
Traffic signal systems and other traffic control
devices.
Street and paseo lighting
Storm drains and subdrains (*The private storm
drain facilities within this tract will be
maintained by homeowner' association).
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 amount and acceptable
security for private improvements shall be reviewed and
approved by the Building Official.
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 - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 2
(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, 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:
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 Irvine Ranch Water
District.
m ·
A domestic water system must be to the standards of
the Irvine Ranch Water District/City of Tustin
Water service, whichever is applicable at the time
of plan preparation. Improvement plans shall also
be reviewed and approved by the Orange County Fire
Department for fire protection purposes. The
adequacy and reliability of water system design and
the distribution of fire hydrants will be 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 Irvine Ranch Water District.
Ce
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) ~.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.
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 3
,
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
all above ground facilities, such as signing,
street lights and fire hydrants unless located
outside of sidewalk widths within public utility
easement areas.
D ·
Parking shall only be permitted on streets as
approved by the Police and Fire Department.
Signage and red curding 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 A traffic control plan prepared by a California
Registered Traffic Engineer shall be provided prior to
permit issuance.
(1) 1.8 A complete hydrology study and hydraulic calculations
(5) shall be submitted for review and approval prior to
permit issuance.
(1) 1.9 A separate 24" x 36" signing and striping plan showing
all modifications along Pioneer Road which are required
as a result of this development shall be submitted for
City approval. This plan shall be prepared by a
California Licensed Traffic Engineer.
(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 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.
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 4
The CADD files shall be submitted to the City at the time
the plans are approved, and updated CADD files reflecting
"as-built" conditions shall be submitted once all
construction has been completed.
(4) 1.11 Both horizontal and vertical intersection sight lines
will need to be checked per OCEMA Standard No. 1117 for
the interior streets. The site lines need to be shown on
the grading plan, and landscape plan and all landscaping
within the limited use area will need to comply with
OCEMA Standard No. 1117.
(4) 1.12 The subdivider shall execute ~ subdivision/monumentation
agreement and furnishing improvement/monumentation bonds
as required by the City Engineer.
(4) 1.13 The Final Map shall include the modified entry which
shifts "A" Street approximately 10 feet to the west in
order to better align with the access drive on the south
side of Pioneer Road.
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 reasonable agencies.
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.
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 5
(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 AND HILLSIDE
(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.
Be
Preparation and submittal of 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.
·
Ail recommendations submitted by geotechnical
or soils engineer and specifically approved by
them.
.
Compliance with conceptual grading shown on
tentative tract map.
·
A drainage plan and necessary support
documents such as hydrology calculations to
comply with the following requirements:
a ·
be
c ·
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.
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 6
d ·
Provision for tributary drainage from
adjoining properties.
5. Ail flood hazard areas of record.
~
A note shall be placed on the grading plan
requiring Community DeveloPment Department
approval of rough grading prior to final
clearance for foundations. The Department
will inspect the site for accuracy of
elevations, slope gradients, etc. and may
require certification of any grading related
matter.
·
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/archeologis~
shall attend the pregrade construction meeting
to ensure that this condition and necessary
procedures in the event of a "find" are
explained.
·
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.
Ce
Grading of hillside areas shall be consistent with the
East Tustin Specific Plan Hillside District, Tustin
Grading Ordinance and Grading Manual including all
Conditions of Planning Commission Resolution No. 3214
approving Hillside Review 93-001, and including, but not
limited to the following requirements:
·
The permanent planting bay at toe of slope and
adjacent to Pioneer Road shall utilize a variety of
slope ratios and horizontal radii to blend into
adjoining slopes. Bay widths should be a minimum
of 10 feet and planted with a combination of tree
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 7
sizes subject to approval of the Community
Development Department (Refer to Appendix C,
Standard B136 in Grading Manual).
·
Cut and fill slopes in excess of 200 feet in length
should have curvilinear configurations consistent
with recommendations of the soils engineer and
engineering geologist. The bank and/or top of
slope shall be curved in a convex or concave manner
to provide a variety of slope ratios.
·
A variety of slope ratios and horizontal radii
shall be used to blend manufactured slopes into the
adjoining natural terrain to provide adequate
transition and to avoid abrupt changes between
manufactured and natural slope banks. At
intersections of manufactured and natural slopes, a
gradual transition or rounding of contours with a
minimum radius compatible with the existing natural
terrain shall be provided.
·
Prior to issuance of a grading permit on the site,
the subdivider shall execute and implement a slope
warranty program as provided in the Grading Manual
in compliance with Condition 1.4 of Resolution No.
3215.
(1) 4.2 Prior to issuance of a grading permit detailed
landscaping and irrigation plans for planting of all
slopes shall be submitted for approval by the Department
of Community Development. The plans shall include a
summary table with all necessary details required in the
adopted City of Tustin Landscaping and Irrigation
Submittal Requirements as well as the following
requirements:
A·
Ail permanent cut slopes over five feet and fill
slopes over three feet including roadside shall be
protected from erosion by planting of a combination
of plant materials including grasses and ground
cover, shrubs and trees.
·
Special Erosion Control measures which may include
such items as revegetation mats shall be in place
on all slopes steeper than 4:1 prior to planting as
recommended by a soils engineer and landscape
architect and approved by the Community Development
Department. Plants selected and planting methods
shall be suitable for soil and climatic conditions
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 8
C o
D o
E ·
F ·
G ,
and validated by a landscape architect and soils
engineer.
Slopes required to be planted shall have a system
of irrigation designed to cover all portions of
slope after rough grading.
Ail permanent cut slopes in excess of 5 feet and
fill slopes over 3 feet shall be protected against
damage by erosion, siltation and rodents prior to
final certification of rough grading pursuant to
the applicant's construction phasing plan or
modifications which may be approved by the Director
of Community Development. At a minimum, prior to
release of production unit building permits within
each phase of construction, temporary irrigation
and landscaping shall be installed, although the
applicant may choose at their discretion to install
permanent landscaping. Temporary landscaping
materials shall be subject to approval of the
Director of Community Development , but shall at
least be hydroseeded, consistent with the temporary
landscaping and irrigation standards and notes
shown on the approved rough grading plan for Tract
13627.
Temporary landscaping on Lots "BB" and "EE" shall
be installed prior to the issuance of the first
building permit for the tract, including the
models, as required by the original grading permit
for Tract 13627.
Permanent landscaping and irrigation shall be
installed along the entire Pioneer Road frontage
prior to issuance of any certificate of occupancy
for this tract, including the models.
Permanent landscaping and irrigation shall be
installed on all permanent cut slopes in excess of
5 feet and fill slopes over 3 feet prior to the
issuance of certificate of occupancy and release of
grading bonds for each individual phase of
construction.
The construction phasing plan, for purposes of
design and installation of permanent and temporary
landscaping and irrigation, shall be modified to
include all manufactured slopes within the Tract
boundary, subject to the approval of the Director
of Community Development.
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 9
I ·
Condition Nos. 4.1 through 4.9 of Planning
Commission Resolution No. 3214 and Condition Nos.
1.9 and 1.13 of Planning Commission Resolution No.
3215 shall be satisfied prior to issuance of any
building permits for structures located within this
tentative tract.
(1) 4.3 Ail earthwork shall be performed in accordance with the
(3) City of Tustin Municipal Codes and grading requirements.
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 for adequate fire protection and financial
security posted for the installation. The adequacy and
reliability of water system design, location of valves,
and the distribution of fire hydrants will be evaluated
and approved by the Chief.
(5) 5.2 Prior to the issuance of any building permits for
combustible construction, evidence that a water supply
for fire protection is available shall be submitted to
and approved by the Fire Chief. Fire hydrants shall be
in place and operational to meet requirements and fire-
flow prior to commencing construction with combustible
materials.
(5) 5.3 Prior to the issuance of any building permits, a
construction phasing plan shall be submitted to and
approved by the Fire Chief. The purpose of this review
is to evaluate the adequacy of emergency vehicle access
for the number of dwelling units served.
(1) 5.4 Prior to the issuance of any building permits, all
underground piping for automatic fire extinguishing
systems shall be approved. Plans for an automatic fire
extinguishing system shall be approved by the Fire Chief
prior to installation. Such system shall be operational
prior to the issuance of a certificate of use and
occupancy. The specific units requiring an automatic
fire sprinkler system shall be determined by the Fire
Chief.
(5) 5.5 Prior to the issuance of any certificates of use and
occupancy, all fire hydrants shall have a "Blue
Reflective Pavement Marker" indicating its location on
the street or drive per Orange County Fire Department
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 10
standards. On private property these markers are to be
maintained in good condition by the property owner.
(5) 5.6 Prior to recordation of the final tract map, a note shall
be placed on the map indicating proposed fire lanes which
shall be approve by the Fire Chief. A plan shall be
approved by the fire department indicating the curbs to
be painted red and the type of signage to be utilized.
The CC&R's shall contain provision which prohibit parking
in the fire lanes and provide a method of enforcement by
the Home Owners Association.
(5) 5.7 Prior to the issuance of any certificate of use and
occupancy, all street(s) having curb-to-curb width of
less than 36 feet shall be red curbed and posted "No
Parking -Fire Lane" as per 1988 Uniform Fire Code Section
10.207 in a manner meeting the approval of the County
Fire Chief.
(5) 5.8 Prior to he issuance of any grading permits, a fuel
modification plan and program shall be approved by the
Fire Chief. The plan shall show the special treatment to
achieve an acceptable level of risk in regard to the
exposures of structures to flammable vegetation and shall
address: The method of removal and installation;
mechanical or hand labor, and provision for its
continuous maintenance. The approve fuel modification
plan shall be installed prior to the issuance or building
permits, under the supervision of the Fire Chief, and
completed prior to the issuance of applicable use and
occupancy permits.
NOISE
(1) 6.1 Prior to the issuance of any building permits:
(2)
(3) 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.
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 11
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 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) 6.3 Ail construction operati'ons including engine warm up
shall be subject to the provisions of the City of Tustin
Noise Ordinance and shall take place only during the
ho'drs 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 ' $
(1) 7.1 Prior to approval of the final map, all organizational
(3) 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.
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 12
Be
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 and paseos.
D,
Membership in any Homeowner's Association or Master
Association shall be inseparable from ownership in
individual lots.
Architectural controls shall be provided and may
include but not be limited to provisions regulating
exterior finishes, roof materials, fences and
walls, accessory structures such as patios,
sunshades, trellises, gazebos, awnings, room
additions, exterior mechanical equipment,
television and radio antenna.
Fe
Maintenance standards shall be provided for
applicable 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 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,
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 13
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.
G ·
Homeowner's Association approval of exterior
improvements requiring a building permit shall be
obtained prior to requesting a building permit from
the City of Tustin Community Development
Department. All plans for exterior improvements
shall conform to requirements set forth by the City
and the CC&R's. All plans submitted to the City
shall bear the Association's stamp and authorized
signature of approval.
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 Homeowner's Association may
adopt rules and regulations to authorize
exceptions.
I ·
Ail utility services serving the site shall be
installed and maintained underground.
J·
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.
L·
Perimeter project block walls to be constructed on
private property shall be maintained and replaced,
if necessary by a Homeowner's Association. This
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 14
shall not preclude a Homeowner's Association from
assessing charges to individual property owners for
structural damage to the wall or fence.
M.
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.
Ne
Provisions shall be made to specifically identify
that street light standards and mailboxes may be
located within the five-foot public utility
easement behind the private street right-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 it
relates to their specific property.
Oe
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.
Pe
Maintenance of all slope areas and vacant pads and
drainage devices and landscape area lettered lots
shall be by the Homeowners' Association.
Q.
Compliance with Condition 4.1 shall require CC&R's
to include notification to future homeowners and
purchasers of property that surrounding properties
may be developed in accordance with City ordinances
in a manner which may partially or totally obstruct
views from the owner(s) unit or purchaser(s) lot,
and that the City of Tustin makes no claim,
warranty or guarantee that views from any unit or
lot will be preserved as development of surrounding
properties occur.
R,
Units maintaining driveway lengths of less than
nineteen (19) feet shall prohibit the parking of
vehicles and shall be equipped with automatic
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 15
"roll-up" garage doors. Units maintaining driveway
lengths of nineteen (19) feet or greater shall be
equipped with either automatic "roll-up" or "swing-
out" garage doors.
S ·
The Homeowners' 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
acknowledgements and restrictions, which shall also
be signed as a separate notification/acknowledge-
ment, by each new homeowner in the subdivision:
Project has .5 guest spaces per unit;
individual owners shall have no right to use
guest spaces for any vehicle.
·
Individual owners shall park vehicles only in
garage space. In the few cases where the
driveway is 19 feet or greater in length,
vehicles may be parked on the driveway area
provided vehicles do not overhang the public
right-of-way or sidewalk easements.
·
Individual homeowner 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.
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 Department for review and approval.
The Police Department and Community Development
Department shall also be provided with any
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 16
amendments or modifications to the program. Ail
parking regulations shall be enforced at time of
final occupancy of any phase of the project.
T.
The CC&R's shall contain provision for the maintenance of
the fuel modification zone. All dead and dying
vegetation shall be removed annually. Three times a year
the irrigation system shall be checked and deficiencies
corrected.
Ue
Deed restrictions shall be recorded on all properties
taking access from "B" Street (Units 19 through 54) to
preclude modifications to the slope of roof or additions
to the building that would extend above the 25 foot
maximum height approved as part of DR 93-009. The
restriction shall also prohibit modifications to roof
color and stucco wall color without approval of the
Director of the Community Development Department.
TENANT/HOMEBUYER NOTIFICATION
(1) 8.1 Prior to issuance of Certificate of Occupancy:
(2)
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 to 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, printed on
it. 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
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 17
of any unit. The content of the statement shall be
approved by the Director of Community Development
prior to circulation.
D ·
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:
·
The location of existing and proposed
elementary, middle and high schools which will
serve the subdivision (text and map).
·
Advice to homebuyers that proposed school
sites may never be constructed.
The Subdivider shall provide the City w~th 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 Subdivider shall notify all potential homebuyers of the
(6i following potential liens/assessments against the
(3) subdivided properties:
A. Assessment District 86-2.
S ·
City of Tustin 1982 Landscaping and Lighting
District as amended.
FEES
Ce
Advise homebuyers of the presence of Mello-Roos
Community Facility Act assessments for school
facilities within the subdivisJ, on.
(1) 9.~ Prior to recordation of any final map, Subdivider shall
(3) pay plan check and inspection fees for all public and/or
(6) private infrastructure improvements within City's
responsibility excluding those financed by an Assessment
District.
(1) 9.2 Prior to issuance of certificates of use or occupancy,
(6) the Subdivider shall pay all costs related to the
calculation of the revised parcel assessments, the
preparation of the revised assessment diagram and other
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 18
required administrative duties related to any Assessment
Districts applicable to the subdivision.
(1) 9.3 Prior to issuance of any building permits, payment shall
(3) be made of all required fees including:
(6)
A. Major thoroughfare and bridge fees to Tustin Public
Works Department.
S ,
Sanitary sewer connection fee to Irvine Ranch Water
District.
Co
Grading plan checks and permit fees to the
Community Development Department.
D ·
Ail applicable Building plan check and permit fees
to the Community Development Department.
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.
G ·
Required East Tustin Facility Fees as may be
adjusted to reflect cost of living increases prior
to issuance of building permits:
1) Civic Center Expansion Fee
2) Irvine Boulevard Widening Fee
3) Fire Protection Facility Fee
He
Payment of all applicable Assessment District 86-2
reapportionment costs as required by the City
Engineer. Reapportionment of acreage assessments
to individual subdivided lot assessment.
Within forty-eight (48) hours of approval of the
subject project, the applicant shall deliver to the
Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of $25.00
(twenty-five dollars) pursuant to AB 3185, Chapter
1706, Statutes of 1990, 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-
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 19
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 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, the Subdivider shall record
a final map in conformance with appropriate tentative
map.
(1) 10.3 Prior to final map approval:
A. Subdivider shall submit a current title report.
·
Provision for landscaping maintenance of landscape
lots, paseos and easements adjacent to project
private streets shall be the responsibility of the
adjoining property owners and/or Homeowner's
Association of Tract 14797.
C ·
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.
D ·
Street names shall be approved by the City of
Tustin Street Naming Committee.
Exhibit A - Conditions of Approval
Resolution No. 3216
Vesting Tentative Tract 14797
Page 20
(1) 10.4 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, EIR 85-2, and applicable
conditions for Final Map 13627.
(1) £0.5 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.
*** 10.6 Prior to release of building permits, all conditions of
approval of Design Review 93-009 and Hillside Review 93-
001 of the subject project shall be complied with as
shown on Exhibit A attached to Resolution Nos. 3214 and
3215, respectively, and incorporated herein by reference.
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