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RESOLUTION NO. 3033
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY
COUNCIL APPROVAL OF VESTING TENTATIVE TRACT
MAP 14168
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A®
That Vesting Tentative Tract Map 14168 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
D·
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.
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.
Ee
The 1.0164 acres of parkland required for this
development was previously dedicated with
recordation of Tract 12870.
Fe
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 14168 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.
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Resolution No. 3033
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.
J,
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 14168 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.
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.
3032 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 26th day of
May, 1992.
.
~tATHLEEN CLANCY
Recording Secretary
EXHIBIT A
VESTING TENTATIVE TRACT MAP 14168
RESOLUTION NO. 3033
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:
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D.
E.
F.
G.
H.
I.
J.
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N,
.
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);
Traffic signal systems and other traffic control
devices, i.e., stop signs;
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
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.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A
Resolution No. 3033
Page 2
(1) 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.
(1) 1.4 Ail changes in existing curbs, gutters, sidewalks and
other public improvements shall be responsibility of
subdivider.
(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.
Be
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.
(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.
S ·
Ail private streets and drives shall be constructed
in accordance with City requirements in terms of
type and quality of materials used.
Exhibit A
Resolution No. 3033
Page 3
Co
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/EASEMENTS
(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.
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.
GRADING/GENEP. AL
(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
Exhibit A
Resolution No. 3033
Page 4
·
other applicable State and local laws, regulations
and requirements.
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 ·
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.
be
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.
d ·
Provision for tributary drainage from
adjoining properties.
.
Ail flood hazard areas of record.
A note shall be placed on the grading plan
requiring Community Development Department
approval of rough grading prior to final
clearance for foundations. The Department
will inspect the site for accuracy of
elevations, slope gradients, etc. and may
Exhibit A
Resolution No. 3033
Page 5
require certification of any grading related
matter.
*** 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.
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.
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
Exhibit A
Resolution No. 3033
Page 6
(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.
(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.
(1) 5.5 Prior to the issuance of any certificates of use and
(4) occupancy, the private street shall be red curbed and
(5) 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.
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
incorporatea 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,
Exhibit A
Resolution No. 3033
Page 7
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 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; 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.
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.
Exhibit A
Resolution No. 3033
Page 8
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The requirement that association bylaws be
established.
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.
Membership in any Homeowner's Association and
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.
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.
·
Ail private roadways, sidewalks and paseos
shall be maintained so that they are safe for
users. Significant pavement cracks, pavement
Exhibit A
Resolution No. 3033
Page 9
G.
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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
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 permitted on driveways
that are less than 19 feet in length.
Two hundred forty (240) parking spaces shall be
permanently and irrevocably assigned to individual
condominium units at a rate of two parking spaces
Exhibit A
Resolution No. 3033
Page 10
Ko
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P,
per dwelling. An additional 63 guest parking
spaces shall be established and maintained within
the common area and shall be marked and 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 wakl 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.
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.
Exhibit A
Resolution No. 3033
Page 11
Q·
The subdivider of Lots 28, PP, QQ, and GGG of Tract
12870, and subsequently the project Homeowner's
Association shall maintain membership in the
established Master Homeowner's Association.
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.
Be
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.
C·
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).
·
Notice to homebuyers that proposed school
sites may never be constructed·
De
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
development.
Exhibit A
Resolution No. 3033
Page 12
(1) 8.2 Subdivider shall notify all potential homebuyers of the
following Assessment/Maintenance Districts affecting the
property:
A. Assessment District 86-2
S.
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
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,
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 any building permits, payment shall
(3) be made of all required fees including:
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Major thoroughfare and bridge fees to Tustin Public
Works Department.
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Sanitary sewer connection fee to Irvine Ranch Water
District.
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Grading plan checks and permit fees to the
Community Development Department.
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Ail applicable Building plan check and permit fees
to the Community Development Department.
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New development fees to the Community Development
Department.
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School facilities fee to the Tustin Unified School
District subject to any agreement reached and
executed between the District and the Irvine
Company.
Exhibit A
Resolution No. 3033
Page 13
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Required East Tustin Facility Fees as may be
adjusted to reflect cost of living increases prior
to issuance of any permits, including rough
grading:
1. Civic Center Expansion Fee
2. Irvine Boulevard Widening Fee
3. Fire Protection Facility Fee
~ENEI~L
(1) lO.~ 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) ~0.Z 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.
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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 14168.
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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 Tentative Tract 12870.
Exhibit A
Resolution No. 3033
Page 14
(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.
(1) 10.6 Prior to release of building permits, all conditions of
approval of Design Review 91-039 of the subject project
shall be complied with as shown on Exhibit A attached to
Resolution No. 3034 and incorporated herein by reference.
However, applicant will be permitted to obtain building
permits for model unit construction prior to approval of
Final Map 14168 provided all Building Code requirements
have been met including Public Works, Fire Department and
Community Development Department requirements and
approvals.
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