HomeMy WebLinkAboutPC RES 3038 8
9
10
11
12
13
14
15
16
17
18
19
23
25
27
28
RESOLUTION NO. 3038
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF VESTING TENTATIVE TRACT MAP 13733
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 Tract Map 13733 was
submitted to the Planning Commission by California
Pacific Homes for consideration.
Be
That a public hearing was duly noticed, called and
held for said map on May 26, 1992.
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
with the Tustin Area General Plan, adopted East
Tustin Specific Plan, Development Agreement and
Subdivision Map Act as it pertains to the
development of 234 condominium dwelling u~its.
Ee
The 1.9320 acres of parkland required for this
development was previously dedicated with
recordation of Tract 12870.
Fo
That the City has reviewed the status of the School
Facilities Agreement 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 impacts of Vesting
Tentative Tract 13733 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.
Ge
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.
I ·
That the design of the subdivision or the proposed
improvements are not likely to cause substantial
]~
4
5
6
7
8
9
10
12
13
14
15
16
17
18;
19'
20!
9.5
26
Resolution No. 3038
Page 2
environmental damage or substantially and avoidably
injure fish or wildlife in their habitat.
Jo
That the design of the subdivision or the type of
improvements proposed will not conflict with
easements 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
improvements 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 13733
subject to the conditions attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 26th day of May, 1992.
ALDEN L~BA~ R
Chairman
KATHLEEN CLANCY ~--
Secretary
1
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
25
26
27
28
Resolution No. 3038
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
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. 3038 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 26th day of May, 1992.
EXHIBIT A
VESTING TENTATIVE TRACT MAP 13733
RESOLUTION NO. 3038
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 1.1 Prior to recordation of final map, the Subdivider shall
(2) prepare plans for and construct or post security
(3) guaranteeing construction of all public and/or private,
infrastructure improvements within the boundary of said
tract map in conformance with applicable city standards,
including but not limited to the following:
ae
Ce
D.
E.
F.
G.
H.
I.
J.
Ke
Me
Ne
Curb and gutter/cross gutters;
Sidewalks including access facilities for
physically handicapped persons ;
Drive aprons/approach;
Street paving;
Street signing and paving;
Landscaping/irrigation facilities;
Sanitary sewer service facilities;
Domestic water service facilities;
Reclaimed water service facilities;
Utility connections (i.e., gas, electric,
telephone, and cable T.V. facilities);
Street and paseo lighting;
Storm drains and subdrains (* The storm drain
facilities within this tract will be private drains
to be maintained by homeowner's association);
Undergrounding of existing and proposed utility
distribution lines;
Lot monumentation; and
Fire hydrants;
(1) 1.2 The amount of acceptable security for construction of
(6) public improvements shall be also 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.
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
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 3038
Page 2
(i) 1.3 Ail construction within a public right-of-way and/or
public easement must be shown on a separate 24" X 36"
plan with all construction referenced to applicable City,
County, or Irvine Ranch Water District standard drawing
numbers. Improvements to be shown on these plans shall
include, but not be limited to the following:
ae
B.
C.
D.
E.
F.
G.
H.
I.
Street paving
Curb and gutter
Sidewalk
Domestic water facilities
Reclaimed water facilities
Sanitary sewer facilities
Storm drain facilities
Landscaping/irrigation
Street lights
(1) 1.4 Ail changes in existing curbs, gutters, sidewalks and
other public improvements shall be responsibility of
subdivider.
(1) 1.5 Preparation of plans for and construction of:
(2)
A. All 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. Terminal sewer manholes shall be
provided at property line, plus master water
metering at the entryway.
B.
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
evaluated. 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.
Exhibit A - Conditions of Approval
Resolution 3038
Page 3
(1) 1.6 Proposed private streets shall be designed to the
(5) following specifications:
ae
Ail 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 private streets and drives shall be constructed
in accordance with City requirements in terms of
type and quality of materials used.
Ce
Parking shall not be permitted on private streets
other than as approved by the Police and Fire
Departments. Signage and red curbing shall be
installed where appropriate.
De
Street names are subject to approval of the Tustin
Street Naming Committee and Community Development
Department.
(1) 1.7 Private streets, storm drain, water & sewer improvement
plans shall comply with the "City of Tustin" Minimum
Design Standards for on-site Private Street and Storm
Drain Improvements.
DEDICATIONS/RESERVATIONS/EASEME~T~
( 1 ) 2. i The
(2)
(5)
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
appropriate agencies.
(1) 2.2 Preparation of a hydrology and hydraulic study for this
(2) development will be required.
(5)
(5) 2.3 The subdivider shall execute a drainage agreement to
(4) accept the drainage from the public right-of-way which
will flow onto the private entrance street and be
discharged through the private storm drain system.
(1) 2.4 Subdivider's execution of a subdivision/monumentation
(5) agreement and furnishing improvement/monumentation bonds
as required by the City Engineer.
Exhibit A - Conditions of Approval
Resolution 3038
Page 4
(4) 2.5 Prior to issuance of any permits or approval of the Final
(5) Map, whichever occurs first, the subdivider shall
provide:
ae
Proof of abandonment of the easement in favor of
the United States of America for underground
pipeline purposes located in the southwest corner
of the project.
Be
Proof of recordation of quitclaim for the Southern
California Edison Company utility easement located
in the southwest corner of the project.
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
$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
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
Excavation Permit must be obtained from and applicable
fees paid to the Public Works Department.
(4) 3.4 Preparation of a final grading plan showing all pertinent
elevations as they pertain to the public right-of-way
GRADING/GENERAL
(1) 4.1 Prior to issuance of grading permits:
(2)
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.
Exhibit A - Conditions of Approval
Resolution 3038
Page 5
Be
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.
·
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·
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.
b·
Elimination of any sheet flow and ponding
across lot lines.
C ·
Provision of drainage facilities to
protect the lots from any high velocity
scouring action.
de
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.
Exhibit A - Conditions of Approval
Resolution 3038
Page 6
*** 7.
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.
·
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
Submittal of a construction traffic routing plan to
be reviewed and approved by the Director of Public
Works.
(1) 4.Z Ail earthwork shall be performed in accordance with the
(3) City of Tustin Municipal Codes and grading requirements.
FIRE DEPARTMENT
(1) 5.1 Prior to the recordation of a final tract map, water
(4) improvement plans shall be submitted to and approved by
(5) 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
in accordance with Insurance Services Office suggested
standards contained in the "Grading Schedule" for
Municipal Fire Protection.
(1) 5.2 Prior to the issuance of building permits for combustible
(4) construction, evidence that adequate water supply for
(5) fire protection is available shall be submitted to and
approved by the Fire Chief. Fire hydrants shall be in
place and operational to meet required fire-flow prior to
commencing construction with combustible materials.
Exhibit A - Conditions of Approval
Resolution 3038
Page 7
(1) 5.3 Prior to the issuance of any building permits, a
(4) 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
(4) underground piping for automatic fire extinguishing
(5) systems shall be approved. Plans for an automatic fire
extinguishing system shall be approved by the Fire Chief
prior to installation. Such systems shall be operational
prior to the issuance of a certificate of use and
occupancy. All residential structures are to have
automatic fire sprinkler systems.
(1) 5.5 Prior to the issuance of any certificates of use and
(4) occupancy, the private streets, as shown on the submitted
(5) site plan, 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.
(1) 5.6 A manual and automatic fire alarm system and fire
(4) sprinklers shall be installed as required by the 1988
(5) Uniform Fire Code Section, as amended.
(1) 5.7 Prior to the recordation of a final tract map,
(4) fire protection access easement shall be approved by the
(5) Fire Chief and dedicated to the County of Orange. The
CC&R's shall contain provisions which prohibit
obstructions within the fire protection access easement
and also required Fire Chief approval for any
modifications such as speed bumps, control gates, or
changes in parking plan within said easement.
(1) 5.8 Prior to the issuance of any certificates of use and
(4) occupancy, all fire ~]ydrants shall have a "Blue
(5) Reflective Pavement Marker" indicating its location on
the street or drive per Orange County Fire Department
Standard. On private property these markers are to be
maintained in good condition by the property owner.
(1) 5.9 Access between buildings may be obstructed due to
(4) landscaping. The Fire Department needs the ability to
(5) raise ladders between buildings. Landscaping and tree
locations shall be subject to review and approval by the
Fire Department and the Community Development Department.
Exhibit A - Conditions of Approval
Resolution 3038
Page 8
NOISE
(1) 6.1 Prior to the issuance of any building permits:
(2)
(3) A. 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 lighting 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 operations, including encine 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; or other times that the Building Official
determines 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.
Exhibit A - Conditions of Approval
Resolution 3038
Page 9
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:
ae
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.
Bo
The requirement that association bylaws be
established.
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, private roadways
and infrastructure (i.e., walks, sewer and water),
and paseos.
Do
Membership in any Homeowner's Association shall be
inseparable from ownership in individual units.
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
Exhibit A - Conditions of Approval
Resolution 3038
Page 10
G ·
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.
·
Ail private roadways, sidewalks and paseos
shall be maintained so that they are safe for
users. Significant pavement cracks, pavement
distress, excessive slab settlement, abrupt
vertical variations and debris on travel ways
should be removed or repaired promptly.
·
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
Exhibit A - Conditions of Approval
Resolution 3038
Page 11
He
I ·
Jo
K·
0
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.
Residents shall not store or park any non-motorized
vehicles, trailers or motorized vehicles that
exceed seven feet high, seven feet wide and 19 feet
long in any parking, driveway or private street
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. Additionally,
no non-motorized vehicles, trailers or motorized
vehicles shall be allowed to overhang onto any
public or private street within the development.
There shall be no parking of any vehicles permitted
within building motor courts.
Four hundred sixty eight (468) parking spaces shall
be permanently and irrevocably assigned to
individual condominium units at a rate of two
parking spaces per dwelling. A minimum of an
additional one hundred seventeen (117) guest
parking spaces shall be established (.5 parking
spaces per dwelling unit) and maintained within the
common area and shall be used for guest parking
only.
Condominium units shall not have separate external
television and radio antennas. Either a central
antenna shall be provided with connections to each
unit via underground or internal wall wiring, or
each unit shall be prewired and served by an
underground cable antenna service provided by a
company licensed to provide such service within the
City.
Maintenance of all landscaped areas adjacent to
Robinson Drive shall be by the Homeowners
Associates of subject tract. Maintenance of all
landscaped areas adjacent to Irvine Boulevard shall
be by the Tustin Lighting and Landscape Maintenance
District.
The Association shall be responsible for
establishing and following procedures for providing
access to the public utilities for maintenance of
Exhibit A - Conditions of Approval
Resolution 3038
Page 12
Mo
Ne
Oe
Pe
Qo
their facilities within the project area, subject
to those agencies' approval.
Ail utility services serving the site shall be
installed and maintained underground.
The Association shall be required to file the
names, addresses, and telephone numbers of at least
one member of the Association Board and where
applicable, a Manager of the project before January
1st of each year with the City of Tustin Community
Development Department for the purpose of
contacting the association in the case of emergency
or in those cases where the City has an interest in
CC&R violations.
Disclosure information related to aircraft noise
impacting the subdivision, as approved by the City
of Tustin Community Development Department.
Perimeter project block walls 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.
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.
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
Exhibit A - Conditions of Approval
Resolution 3038
Page 13
noise attenuation. This determination to be made
as architectural drawings become available and/or
where field testing determines inadequate noise
insulation.
Be
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.
Do
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:
I ·
The location of existing and proposed
elementary, middle and high schools which will
serve the subdivision (text and map).
·
Notice 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 improvements and developments
adjacent to or in close proximity to the proposed
de' elopment.
(1) 8.2 Subdivider shall notify all potential homebuyers of the
following Assessment/Maintenance Districts affecting the
property:
Exhibit A - Conditions of Approval
Resolution 3038
Page 14
ae
Be
Assessment District 86-2
City of Tustin 1982 Landscaping and Lighting
Maintenance 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
private infrastructure improvements within City's
responsibility excluding those financed by an Assessment
District.
(1) 9.Z Prior to issuance of certificates of use or occupancy,
the Subdivider shall pay all costs related to the
calculation of the revised parcel assessments, the
preparation of the revised assessment diagram and other
required administrative duties related to any Assessment
Districts applicable to the subdivision.
(1) 9.3 Prior to issuance of the first permit for the project,
(3) including but not limited to rough grading permits and
foundation permits, payment shall be made of all required
fees including:
ae
Major thoroughfare and bridge fees to Tustin Public
Works Department.
Bo
Sanitary sewer connection fee to Irvine Water Ranch
District.
Ce
Grading plan checks and permit fees to the
Community Development Department.
De
All 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.
G ,
Required East Tustin Facility Fees as may be
adjusted to reflect cost of living increases prior
Exhibit A - Conditions of Approval
Resolution 3038
Page 15
to issuance of any permits; including but not
limited to issuance of rough grading permits:
1. Civic Center Expansion Fee
2. Irvine Boulevard Widening Fee
3. Fire Protection Facility Fee
He
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-
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.
*** 9.4 Pursuant to the Letter of Understanding between the City
of Tustin and the Irvine Company dated March 11, 1989,
with subsequent modifications and amendments, the
subdivider shall comply with the following conditions:
ae
No credit will be given to a builder for provisions
of any on-site recreational facilities in
conjunction with a multiple family development in
order to offset or discount the required payment of
$2,000 per unit.
B. The City shall collect the $2,000 per unit payment
Exhibit A - Conditions of Approval
Resolution 3038
Page 16
Ce
De
at time building permits are issued by phase for
the project. In the event that permits for all
units have not been issued prior to May 1, 1995,
then the remaining balance of the in lieu payment
equal to $2,000 per multiple family unit shall
immediately become due and payable on May 1, 1995.
Failure to make said remaining payment by May 1,
1995 will be considered late and the City shall
affix an annualized penalty fee of 15% computed on
a daily basis on the unpaid balance.
City will commit to spend funds collected under
this agreement for recreation facilities in Tustin
Ranch but City makes no commitment as to timing of
said expenditures or specific facilities to be
funded.
It is mutually agreed that the in lieu payment of
$2,000 per multiple family residential unity does
not constitute any precedent for any purpose other
than this agreement as to the amount of any future
local park fees, establishment of land value or
other related issues.
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 ~ 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 13733.
Exhibit A - Conditions of Approval
Resolution 3038
Page 17
Ce
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) 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 12870.
(1) 10.5 The cumulative number of residential units for which
(5) certificate of occupancy may be issued shall not exceed
the cumulative total of square feet of occupied revenue
generating uses; or equivalents as shown in the East
Tustin Specific Plan Development Agreement.
Prior to release of building permits, all conditions of
approval of Design Review 91-032 of the subject project
shall be complied with as shown on Exhibit A attached to
Resolution No. 3039 and incorporated herein by reference.
However, applicant will be permitted to obtain building
permits for model unit construction prior to approval of
Final Map 13733 provided all Building Code requirements
have been met including Public Works, Fire Department and
Community Development Department requirements and
approvals.
JP:nm