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HomeMy WebLinkAboutPC RES 2792 6 ? 8 9 10 11 13 14 15 16 17 18 i9 ~0 ~2 ~3 ~4 25 ~6 28 RESOLUTION NO. 2792 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 14068. 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 No. 14068 was submitted to the Planning Commission by Lyon Communities for consideration. Be That a public hearing was duly called, noticed and held for said map on June 25, 1990. 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. Do 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 dwellings. Ee The 1.5288 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 14068 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. 3 4 5 6 8 9 10 11 12 13 14 15 17 ~8 ~9 20 21 22 23 24 25 26 27 28 Resolution No. 2792 Page 2 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 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. Ke 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 No. 14068 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 25th day of June, 1990. DONALD LE- ~ ,~/~. i,,,L,, J.,~,~.~_,~,'~ Chai~an PENNI FOLEY~ ~- Secretary E~IBIT A VESTING TENTATIVE TRACT MAP 14068 RESOLUTION NO. 2792 CONDITIONS OF APPROVAL (2) (3) (6) PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS 1.1 Prior to recordation of final map, the Subdivider shall prepare plans for and construct or post security 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. K® Lo Ne Oe Curb and gutter/cross gutters Sidewalks including access facilities for physically handicapped persons Drive aprons/approach Street paving Street signing 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 Street and paseo lighting Storm drains and subdrains, the storm drain facilities within this tract will be private drains to be maintained by the Homeowner's Association. Undergrounding of existing and proposed utility distribution lines Lot monumentation Fire hydrants SOURCE CODES (1) STANDARD CONDITION ( 5 ) (2) CEQA MITIGATION ( 6 ) (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW *** EXCEPTION RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 2792 Page 2 (1) (6) (~) (6) (~) (6) (1) (2) (6) (1) (5) (6) The amount of acceptable security for construction of public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. 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. Ail changes in existing curbs, gutters, sidewalks and other public improvements sha 11 be responsibility of subdivider. Preparation of plans for and construction of: ao Ail sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. Bo A domestic water system must be designed and installed to the standards of the Irvine Ranch Water District or City of Tustin Water Department, 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. Proposed private streets shall be designed to the following specifications: Exhibit A Resolution No. 2792 Page 3 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. *** C. Placement of all above ground facilities, such as signing, street lights and fire hydrants shall be behind the sidewalk when said sidewalks are constructed adjacent to the curb within the public right-of-way. (1) D. The developer shall install "Keep Right" signs in the center median at the main entry, per City Standards. (1) E. The developer shall install a sign at the main entry reading "No parking at any time, except in designated areas and or stalls within the complex". {1) F. The south side of the main road (and a portion of the north) shall have painted red curbs and be posted for no parking. Ge Prior to recordation of final map, the proposed street names shall be reviewed and approved by the Tustin Street Naming Committee and Community Development Department. (1) 1.7 Private streets, storm drain, water and 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) 2.1 The subdivider shall satisfy dedication and/or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street and flood Exhibit A Resolution No. 2792 Page 4 (6) (8) 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 agencies. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the final map, subdivider shall (2) post with the Community Development Department a minimum (6) $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City appearance of public streets, an additional incremental deposit will be required. (1) 3.2 Any damage done to existing street improvements and (6) utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (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 soil 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. B· Preparation and submittal of a grading plan subject to approval of the Department of Community Development delineating the following information: ® · Methods of drainage in accordance with all applicable City standards· All recommendations submitted by ge.technical or soils engineer and specifically approved by Exhibit A Resolution No. 2792 Page 5 · · · · *** 7. 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. 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 require certification of any grading related matter. Note on plans that a qualified paleontologist/archaeologist, as appropriate shall be present during rough grading operations. If resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archaeologist 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/archaeologist shall attend the pregrade construction meeting to ensure that this condition and necessary Exhibit A Resolution No. 2792 Page 6 procedures in the event of a "find" are explained. Co 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. De Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. E® Written approval must be obtained from adjacent property owners for rights-of-entry for construction activity across lot lines. (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 recordation of a final tract/parcel map, water (5) 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 in accordance with Insurance Services Office suggested standards contained in the "Grading Schedule" for Municipal Fire Protection. (1) 5.2 Prior to issuance of any building permits for combustible (5) construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet required fire-flow prior to commencing construction with combustible materials. (1) 5.3 Prior to the issuance of any building permits, a (5) 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. Exhibit A Resolution No. 2792 Page 7 (1) 5.4 Prior to issuance of any building permits, plans for an (5) automatic fire extinguishing system shall be approved by the Fire Chief. 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 building permits, plans for (5) an adequate fire extinguishing system shall be approved by the Fire Chief. These details shall include width, clear height and means of emergency vehicle over-ride. (C) 5.6 Prior to the issuance of any certificates of use and (5) occupancy, the private street shall be red curbed and posted "No Parking - Fire Lane" as per 1985 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. 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 living 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. Be Due to the project's close proximity to the Browning Corridor, said study shall provide information on Exhibit A Resolution No. 2792 Page 8 single event noise measurements as generated by helicopter flyovers for information purposes only. (1) 6.Z Prior to issuance of any Certificates of Use or (3) Occupancy, field testing in accordance with the Title 25 (2) 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 warmup shall (9) 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 hours the Building Official may determine are 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. CCR'S (1) 7.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed (8) restrictions, covenants, conditions, and restrictions (9) 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. CCR'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 CCR's for enforcement purposes of those CC&R provisions in which the City has interest, as reflected by the following B through R. However, the City shall not be obligated to enforce the CCR's. Be The requirement that association bylaws be established. Exhibit A Resolution No. 2792 Page 9 Ce De Eo Fe Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, recreation areas, pools and spas, private parks, walls and fences, private roadways (i.e., walks, sidewalks, trails) and paseos. The Association shall be responsible for maintenance of all landscaping along Greenway Drive. Membership in any Homeowner's 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 CCR's. Examples of maintenance standards are shown below: i · Ail common area landscaping and private 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. 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 Exhibit A Resolution No. 2792 Page 10 Ge He I · J· should be removed or repaired promptly. In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times. · 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 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 CCR's. 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, 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. There shall be no parking of any kind on driveways that are less than 19 feet in length. 400 parking spaces shall be permanently and irrevocably assigned to individual condominium units at a rate of 2 parking spaces per dwelling. An additional 75 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 Exhibit A Resolution No. 2792 Page 11 Ke ne Me Ne Oe Po 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. 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. The Association shall be responsible for establishing and following procedures for providing entry gate access to the public utilities for maintenance of their facilities within the project area, subject to those agencie's approval. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall (include if the wall is located on private property) 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 permitted without the prior written approval of the City of Tustin Community Development Department. The CC&R's shall include provisions to prohibit parking on the outside spaces of all Building #200 driveways, to ensure that clear pedestrian access is maintained. Said restriction shall identify each affected unit by unit-number. In addition, deed Exhibit A Resolution No. 2792 Page 12 Qe Re restrictions for each affected unit shall be recorded to ensure notification of all future owners. The CC&R's shall identify each and every unit that has a private patio area located 5 feet or less from the project boundary on Tustin Ranch Road and Greenway Drive. Each of these units shall be prohibited from constructing any structure, overhead trellis or patio cover that is located closer than 5 feet from this tract boundary. In addition, a deed restriction shall be recorded against each property of said restriction to ensure notification of future owners. This project is part of a Master Association which is responsible for, among other items, maintenance of the private park located on lot 31 of Tract 12870. TENANT/HOMEBUYER NOTIFICATION (1) 8.1 Prior to issuance of Certificate of Occupancy: ao A document separate from the deed shall be prepared which will be an information notice to future tenants/homebuyers of aircraft noise impacting the subdivision. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. Bo 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. Exhibit A Resolution No. 2792 Page 13 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: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). (2) Advice to homebuyers that proposed school sites may never be constructed. Ee The Subdivider shall provide the City with a statement which must be signed by each tenant/homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. (1) 8.2 Subdivider shall notify all potential homebuyers of the (6) following Assessment/Maintenance Districts affecting the property: A. Assessment District No. 86-2. Be 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 (9) responsibility excluding those financed by an Assessment District. Exhibit A Resolution No. 2792 Page 14 (1) 9.2 Prior to issuance of certificates of use or occupancy, (6) the Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to any Assessment Districts applicable to the subdivision as identified in Condition 8.2 above. (1) 9.3 Prior to issuance of certificates of use or occupancy, (6) the Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to any Assessment District No. 86-2. (1) 9.4 Prior to issuance of any building permits, payment shall (3) be made of all required fees including: (6) (9) A. Major thoroughfare and bridge fees to Tustin Public Works Department. Be Sanitary sewer connection fee to Orange County Sanitation District. Ce Grading plan checks and permit fees to the Community Development Department. De Ail applicable Building plan check and permit fees to the Community Development Department. E® New development fees to the Community Development Department. F® School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. Ge Future facilities fees for a. Civic Center Expansion b. Irvine Boulevard Widening c. Fire Protection Facility GENERAL (1) 10.1 Within 24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final Exhibit A Resolution No. 2792 Page 15 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.Z Prior to occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 10.3 Prior to final map approval. A. Subdivider shall submit a current title report. Bo Provision for landscaping maintenance and ownership of all landscape lots shall be the responsibility of the Homeowner's Association of Tract 14068. Ce Subdivider shall submit a duplicate mylar of the Final Map, or 8% 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 (9) of the State Subdivision Map Act, the City's Subdivision (5) Ordinance, in the East Tustin Specific Plan and (2) Development Agreement, EIR 85-2, and applicable conditions for Final Map 12870. (1) ~0.5 The cumulative number of residential units for which (5) certificate of occupancy may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. ~0.7 Prior to release of building permits all conditions of approval of Design Review 89-70 for the subject project shall be complied with as shown on Exhibit A attached to Resolution 2791 and incorporated herein by reference. However, applicant will be permitted to obtain building permits for model home construction prior to approval of a final map provided approvals have been obtained from the Community Development Director, Public Works and Fire Department.