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RESOLUTION NO. 3151
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 14782.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
ae
That Vesting Tentative 7ract Map No. 14782 was
submitted to the Planning Commission by California
Pacific Homes for consideration; and
·
That a public hearing was duly called, noticed and:
held for said map on June 28, 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.
De
That the proposed subdivision is in conformance wit
the Tustin Area General Plan, adopted East Tustin
Specific Plan, Development Agreement.and Subdivison
Map Act as it pertains to 5he development of-single
family detached dwellings (patio homes).
E·
The .7896 acres of parkland required for this
development was prev:ously dedicated with
recordation of Tract 12762.
Fe
That the City has reviewed the status bf the School
Facilities Agreements beuween the Irvine Company
and the Tustin Unified School District. The East
T~stin Specific Plan, EIR 85-2 with subsequently
adopted supplements and addenda, the impact of
vesting Tentative Tract 14782 on School District
facilities, and reviewed changes in State law, an~
finds and determines thau 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.
He
That the site is physically suitable for the
proposed density of development.
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Resolution 3151
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 subdivison or the types of
improvement proposed are not likely to cause
serious public health problems.
II. The Planning Commission hereby recommends to 'the City
Council approval of Vesting Tentative Tract Map No.
14782, subject to the conditons attached hereto as.
Exhibit A.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 28th day of June, 1993.
KATHLEEN CLANCY U
Recording Secretary
STATE OF CAI~IF6RNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
Chairperson
I, KATHLEEN CLANCY, the undersigned, hereby certify that I a~
the Recording Secretary of the Planning Commission of the.City
of Tustin, California; that Resolution No. 3151 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 28th day of June, 1993.
KATHLEEN CLAN~'Y ~.
Recording Secretary
EXHIBIT A
VESTING TENTATIVE TRACT MAP 14782
RESOLUTION NO. 3151
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 1.1 Prior to recordation of final map, the Subdivider shall
(2) prepare plans for and constructin or post securit~'
(3) guaranteeing construction of all public and/or private,
(5) infrastructure improvements within the boundary cf said
tract map in conformance with applicable City standards,
including but not limited to the following:
ne
C~
D.
E.
F.
G.
H.
I.
J.
ne
No
Oe
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 csntrol
devices.
Street and paseo lighting
Storm drains and subdrains (*The private storm
drain facilities within this tract wi2! ~be
maintained by homeowner' association).
Undergrounding of existing and proposed usility
distribution lines
Lot monumentation
Fire hydrants
Bus stops and other facilities such as bus shelters
and benches.
(5)
The amount of acceptable security for conduction cf
public improvements shall be reviewed and approved by the
Public Works Department. The amount and acce=~able
security for private improvements shall be reviewe~ 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
Vesting Tentative Tract 14782
Resolution No. 3151
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 Aegistered Engineer with
all construction referenced tc ap~!icable 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 qravity flow system per
standards of the Irvine Ranch Wa%er District.
Be
A domestic water system must be ~o the standards of the
Irvine Ranch Water District/City cf Tustin Water service,
whichever is applicable a~ the tine 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 enforce~ 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 pe_-mit issuance.
(1) ~.5 Proposed streets shall be designe~ to the following
(5) specifications:
(6)
Ail proposed streets skall be designed in
substantially the same widtk 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
Vesting Tentative Tract 14782
Resolution No. 3151
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 curbing shall be installed where
appropriate.
The natural grey concrete banding with light
retardant finish shown within the motor court
intersection shall be a continuous border treatment
within the paved width to the private drive portion
of the motor court.
(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 Hydraulic calculations for the re-aligned 48" RCP storm
(5) drain shall be submitted to the Engineering Division for
review and approval prior to permit issuance.
(1) 1.9 A complete hydrology study and hydraulic calculations
(5) shall be submitted for review and approval prior to
permit issuance.
(1) 1.10 Preparation of a sedimentation and erosion control plan
(5) for all work related to the tract shall be submitted for
review and approval prior to permit issuance.
(1) 1.11 Applicant shall prepare and submit a final grading plan
(5) delineating the following information:
a. Final street elevations at key locations;
Exhibit A - Conditions of Approval
Vesting Tentative Tract 14782
Resolution No. 3151
Page 4
be
Final pad/finished floor elevation and key
elevations for all site grading. All pad
elevations to be a minimum of 1.0 foot above base
ilood elevation as defined by FEM,; and
c. Ail flood hazards of record.
(1) 1.12 Provisions for landscape maintenance and ownership of
(5) landscaped lots CC, DD, EE, FF and GG and all other
lettered lots of Tract No. 14782, excluding lct HH, shall
be the responsibility of the adjacent property owners
and/or Homeowners Association.
(1) 1.%3 The applicant shall be responsible for all signing/
(5) striping modifications along Myford Road which are
necessary as a result of the proposed development. A
signing and striping plan showing al! required
modifications shall be prepared by a California
Registered Traffic Engineer shall be submitted prior to
permit issuance. Catch basins at the intersection of
Myford Road and "A" Street shall be required in order to
eliminate the need for a cross gutter.
(5) 1.14 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 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 %ustin, 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.
(5) 1.15 The private court (street) which provides access to units
24-26 and the private court (drive) which provides access
Exhibit A - Conditions of Approval
Vesting Tentative Tract 14782
Resolution No. 3151
Page 5
to units 35-38 shall be modified to eliminate their
confluence and to have separate and distinct access to
"C" and "D" Streets. The knuckle design at the
intersection of "C" and "D" Streets shall be modified to
accommodate this treatment. The distance between
driveways shall be consistent with the City's private
street standards.
DEDICATIONS/RESERVATIONS/EASEMENTS
(1) 2.1 The subdivider shall satisfy dedication and/or
(2)
(5)
(6)
rights,
reservation requirements as applicable, including but not
limited to dedication of all required street and flood
control right-of-way easements, vehicular access
sewer easements and water easements
defined and approved as to specific location by
the City Engineer and other reasonable agencies.
(5) 2.2 Dedication of a twenty (20) foot wide storm drain
easement to the City of Tustin shall be required for the
re-aligned 48" RCP storm drain. The existing 20 foot
wide storm drain easement shall not be vacated by the
City until the re-aligned storm drain system is
constructed and a new 20 foot wide storm drain easement
is dedicated to the City of Tustin.
(5) 2.3 The most easterly 36" RCP outlet to the E1 Modena/Irvine
Channel shall be abandoned per the requirements of the
Orange County Food Control District.
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
Vesting Tentative Tract 14782
Resolution No. 3151 ".'~
Page 6
(1) 3.3 Prior to any work in the public right-of-way, an
Excavation 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.
Bo
Preparation and submittal of a grading plan subject
to approval by the Department of Community
Development delineating the following information:
I ·
·
·
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:
a .
be
c ·
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.
5. Ail flood hazard areas of record.
Exhibit A - Conditions of Approval
Vesting Tentative Tract 14782
Resolution No. 3151
Page 7
o
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
reconumended 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
tensure 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.
C ·
Submittal of a construction traffic routing plan to
be reviewed and approved by the Director of Public
Works.
(1) 4.2 Ail earthwork shall be performed in accordance with the
(3) City of Tustin Municipal Codes and grading requirements.
Exhibit A - Conditions of Approval
Vesting Tentative Tract 14782
Resolution No. 3151
Page 8
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 w.ater 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.
(5) 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 residences on the following lots shall
have automatic fire sprinkler systems installed in the
structures: 1, 2, 3, 6, 7, 10, 11, 14, 15, 20, 21, 29,
30, 31, 32, 33, 36, 37, 40, 41, 44, 45, 48, 49, 50, 56,
57, 60, 61, 64, 65, 68, 69, 71, 74, 75, 78, 79, 86, 87,
90, 91 and 94 or as otherwise approved by the Orange
County Fire Department.
(5) 5.5 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) 5.6 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
Vesting Tentative Tract 14782
Resolution No. 3151
Page 9
standards. On private property these markers are to be
maintained in good condition by the property owner.
(5) 5.7 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.
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.
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
t~%e 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 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
Exhibit A - Conditions of Approval
Vesting Tentative Tract 14782
Resolution No. 3151
Page 10
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
(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
N. However, the City shall not be obligated to
enforce the CC&R's.
·
The requirement that association bylaws be
established.
Ce
D .
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.
Membership in any Homeowner's Association and
Master Association shall be inseparable from
ownership in individual lots.
E·
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.
Exhibi~ A - Conditions of Approval
Vesting ienta~ive Tract 14782
Resolution No. 3151
Page 11
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 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.
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.
Exhibit A - Conditions of Approval
Vesting Tentative Tract 14782
Resolution No. 3151
Page 12
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.
S ·
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.
ne
Perimeter project block walls to be constructed on
private property shall be maintained and replaced,
if necessary by a Homeowner's Association. This
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.
N .
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
Exhibit A - Conditions c; Approva'
Vesting Tentative Tract '4782
Resolution No. 3i51
Page 13
property ~;ithin 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.
O.
Maintenance of all manufactured slopes on
individual lots shall be the responsibility of the
individual property owners.
P.
Units maintaining driveway lengths of nine feet or
less shal' prohibit the parking of vehicles.
Q .
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 in
garage space or on driveway area provided
vehicles do not overhang the public right-of-
way or sidewalk easements.
·
Individual owner understands that the
subdivision has strict parking regulations
that will be enforced by the homeowner's
association.
Should an individual owner own more than two
vehicles, additional vehicles shall be kept
outside of the subdivision boundaries.
Exhibi% A - Conditions of Approval
Vestinc Tentative Tract 14782
-
Resolution No. 3151
Page 14
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
amendments or modifications to the program. All
parking regulations shall be enforced at time of
final occupancy of any phase of the project.
TENANT/HOMEBUYER NOTIFICATION
(1) 8.1 Prior to issuance of 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.
·
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.
Ce
The subdivider shall provide the City with a copy
of the approved aircraft/helicopter noise statement
which shall contain a disclosure document on
aircraft notification. Said document must be
signed by each tenant/homeowner prior to occupancy
of any unit. The content of the statement shall be
approved by the Director of Community Development
prior to circulation.
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:
Exhibit A - Conditions of Approval
Vesting Tentative Tract 14782
Resolution No. 3151
Page 15
(1) The location of existing and proposed
elementary, middle and high schools which will
serve the subdivisicn (text and map).
(2) Advice to homebuyers that proposed school
sites may never be constructed.
E .
The Subdivider shall provide the City with a
statement, signed by each tenant/homebuyer,
containing a comprehensive description of all
private and public imprcvements and developments
adjacent or in close proximity to the proposed
development.
(1) 8.2 Subdivider shall notify all pctential homebuyers of the
(6) following potential liens/assessments against the
subdivided properties:
A. Assessment District 85-1
·
City of Tustin 1982 Landscaping and Lighting
District as amended.
FEES
(1) 9.1 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 ail costs related to the
calculation of the revised parcel assessments, the
preparation of the revised assessment diagram and other
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.
Sanitary sewer connecticn' fee to Orange County
Sanitation District.
Exhibit A - Conditions of Approval
Vesting Tentative Trac% 14782
Resolution No. 3151
Page 16
C ,
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.
E·
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.
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
H ~
Payment of all applicable Assessment District 85-1
reapportionment costs as required by the City
Engineer. Reapportionment of acreage assessments
to individual subdivided lot assessment.
I ·
Within forty-eight (48) hours of approval of the
subject project, the applicant shall deliver to the
Communi=y 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 Cor~unity 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
Developnent Department, within forty-eight (48)
hours of notification, a cashier's check payable to
the COL~TY CLERK in the amount of $850 (eight
hundred fifty dollars) pursuant to AB 3158, Chapter
Exhibit A - Conditions of Approval
Vesting Tentative Tract 14782
Resolution No. 3151
Page 17
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) ~0.3 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 14782.
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.
(1) ~0.4 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 12763.
(1) 10.5 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.
Exhibit A - Conditions of Approval
Vesting Tentative Tract 14782
Resolution No. 3151
Page 18
*** 10.6 Prior to release of building permits, all conditions of
approval of Design Review 93-008 of the subject project
shall be complied with as shown on Exhibit A attached to
Resolution No. 3151 and incorporated herein by reference.
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