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RESOLUTION NO. 2742
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY
COUNCIL APPROVAL OF VESTING TENTATIVE TRACT
MAP NO. 13734
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 No. 13734 was
submitted to the Planning Commission by the
Bren Company for consideration.
That a public hearing was duly called, noticed
and held for said map on January 8, 1990.
C .
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 single family
dwellings.
E ·
The 1.20 acres of parkland required for this
development was previously dedicated with
recordation of Tract 12870.
F·
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 13734 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.
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Resolution No. 2742
December 11, 1989
Page 2
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.
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. 13734 subject to the conditions attached
hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 8th day of January,
1990.
Secretary
LESLIE ANNE PONTIOUS,
Chairman
EXHIBIT A
VESTING TENTATIVE TRACT MAP 13734
RESOLUTION NO. 2742
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 guaranteeing
(3) construction of all public and/or private, infrastructure
(6) improvements within the boundary of said tract map in
conformance with applicable City standards, including but
not limited to the following:
a.
Ce
D.
E.
F.
G.
H.
I.
J.
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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
Fire hydrants
Secondary Emergency access
(~)
(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.
(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 with all
construction referenced to applicable City, County, or Irvine
Ranch Water District standard drawing numbers.
(1) 1.3 Ail changes in existing curbs, gutters, sidewalks and other
(6) public improvements shall be responsibility of subdivider.
(1) 1.4 Preparation of plans for and construction of:
(2)
(6) A. All sanitary sewer facilities must be submitted as
Exhibit A
Resolution No. 2742
Page ~
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.
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)
(5)
(6)
Proposed private streets shall be designed to the
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 public and/or private streets shall be
constructed in accordance with City requirements in
terms of type and quality of materials used.
Co
The following streets must be posted and redcurbed
for "No Parking" in accordance with Fire Department
regulations:
1. Seaton Way cul-de-sac
2. Hazeltine Drive cul-de-sac
D,
Sidewalk areas shall flare around the placement of
all aboveground facilities, such as signing, street
lights, and fire hydrants when said sidewalks are
constructed adjacent to the curb within the street
right-of-way.
Ee
Prior to final map approval, street names shall be
approved by the Street Naming Committee.
(1) ~.6 Private streets, storm drain, water & sewer improvement plans
(6) shall comply with the "City of Tustin" Minimum Design
Exhibit A
Resolution No. 2742
Page 3
(8)
Standards for on-site Private Street and Storm Drain
Improvements.
DEDICATIONS/RESERVATIONS/EASEMENTS
(1) 2.1 The subdivider shall satisfy dedication and/or reservation
(2)
(5)
(6)
(8)
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 reasonable
agencies.
*** 2.2 A separate covenant agreement, or provisions included within
the CC&R's shall be recorded on all Plan 3 units with the
detached third car garage that the detached garage shall not
be converted to habitable space.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 3.1 Prior to recordation of the final map, subdiv~.der shall post
(2) with the Community Development Department a minimum $2,500
(6) 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
(6) 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 and applicable fees paid from 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.
Exhibit A
Resolution No. 2742
Page 4
Exhibit A
Resolution No. 2742
Page 5
Be
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 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.
d. Provision for tributary drainage from adjoining
properties.
All flood hazard areas of record.
A note shall be placed on the grading plan requiring
Community Development Department approval of rough
grading prior to final clearance for foundations.
The Department will inspect the site for accuracy
of elevations, slope gradients, etc. and may require
certification of any grading related matter.
Note on plans that a qualified paleontologist/
archeologist, as appropriate, shall be present
during rough grading operations. If resources are
found, work shall stop in the affected area and all
resources shall be excavated or preserved as deemed
appropriate or as recommended by the
paleontologist/archeologist subject to review and
approval by the Department of Public Works and
Community Development. All "finds" shall be
reported immediately to the Department of Community
Development. The paleontologist/archeologist shall
attend the pregrade construction meeting to ensure
that this condition and necessary procedures in the
Exhibit A
Resolution No. 2742
Page 6
event of a "find" are explained.
Ce
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) 4.2 Ail earthwork shall be performed in accordance with the City
(3) of Tustin Municipal Codes and gl'ading requirements.
FIRE DEPARTMENT
5.1 The subdivider shall comply with all requirements of the
Orange County Fire Marshall, including required f~re flow,
installation where required of fire hydrants subject to
approval as to location by the fire Department, City of Tustin
Public Works Department and Irvine Ranch Water District, and
compliance with all requirements pertaining to construction.
5.2 Prior to the issuance of building permits for combustible
construction, evidence that adequate water supply and
operational fire hydrants are available shall be submitted to
and approved by the Orange County Fire Marshall. The
subdivider shall also submit water improvement plans for
approval of Fire Marshall.
5.3 A construction phasing plan shall be submitted for review and
approval by the Fire Chief for the evaluation of emergency
vehicles access.
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
Exhibit A
Resolution No. 2742
Page 7
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 Occupancy,
(3) 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
(9) 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 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,
(8) covenants, conditions, and restrictions shall be submitted to
(9) 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 provision:s in which the City has interest, as
Exhibit A
Resolution No. 2742
Page 8
Be
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E .
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reflected by the following B through M. However, the
City shall not be obligated to enforce the CC&R's.
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 paseos.
Membership in any Homeowner's Association shal.L 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 wal!:~, acces~ory
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:
(1) Al} 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) 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.
Exhibit A
Resolution No. 2742
Page 9
G ·
Ho
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(3) 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 ]~ay
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.
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.
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.
Exhibit A
Resolution No. 2742
Page 10
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.
Me
No amendment to alter, modify, terminate or change the
Homeowner's Association's obligation to maintain the
common areas and the project perimeter wall or other CC&R
provisions in which the City has an interest, as noted
above, or to alter, modify, terminate or change the
City's right to enforce maintenance of the common areas
and maintenance of the project perimeter wall, shall be
effective without the prior written approval of the City
of Tustin Community Development Department.
Ne
Provisions shall be made to specifically identify that
street light standards and mailboxes may be located
within the three foot public utility easement behind the
private street right-of-way. Where such facilities are
located on private property within the utility easement,
notification shall be given to those owners as to the
locations, types and quantities of all facilities as it
relates to their specific property.
Oe
Provisions shall be made on all Plan 3 units with the
detached third car garage that the detached garage shall
not be converted to habitable space.
Po
Maintenance of all manufactured slopes on individual lots
shall be the responsibility of the individual property
owner.
Qe
This development is also part of a Master Association
which is responsible for, among other items, maintenance
of the private park located on Lot 31, Tract 12870.
R,
Provisions to ensure that the pedestrian gates at the
main entrance shall not have locking devices and remain
open and accessible.
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
Exhibit A
Resolution No. 2742
Page 11
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 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.
Co
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.
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:
Exhibit A
Resolution No. 2742
Page 12
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 pay
(3) plan check and inspection fees for all public and/or private
(6) infrastructure improvements within City's responsibility
(9) excluding those financed by an Assessment District.
(1) 9.2 Prior to issuance of certificates of use or occupancy, the
(6) 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 be
(3) 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.
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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.
Exhibit A
Resolution No. 2742
Page 13
Ge
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
GENERAL
(1) 10.1 Within 24 months from tentative map approval, the Subdivider
shall file with appropriate agencies, a final map prepared in
accordance with subdivision requirements of the Tustin
Municipal Code, the State Subdivision Map Act, and applicable
conditions Contained herein unless an extension is granted
pursuant to Section 9335.08 of the Tustin Municipal Code.
(1) 10.2 Prior to occupancy of units, the Subdivider shall record a
final map in conformance with appropriate tentative map.
(1) 10.3 Prior to final map approval.
A. Subdivider shall submit a current title report.
Be
Provision for landscaping maintenance of emergency
access/paseo easement through Lot Z shall be the
responsibility of the adjoining property owners and/or
Homeowner's Association of Tract 13734.
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 Tract 12870.
(1) ~0.5 The cumulative number of residential units for which
(9) certificate of occupancy may be issued shall not exceed the
(5) cumulative total or square feet of occupied revenue generating
(2) uses; or equivalents as shown in the East Tustin Specific Plan
Development Agreement.
Exhibit A -
Resolution No. 2742
Page 14
The Browning Corridor Aviation Easement and G.C.A. Easement
as outlined in the Memorandum of Understanding dated July,
1985 between the United States Marine Corps, the City of
Irvine and the City of Tustin, shall be indicated on Tract
13734.
10.7 Prior to release of building permits, all conditions of
approval of Design Review 89-50 of the subject project shall
be complied with as shown on Exhibit A attaehed to Resolution
No. 2741 and incorporated herein by reference. However,
applicant will be permitted to obtain building permits for
model unit construction prior to approval of Final Map 13734
provided all Building Code requirements have been met
including Public Works, Fire Department and Community
Development Department requirements and approvals.
SOURCE CODES
(~) 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
DF: pef
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. ~ 0? ~- was duly passed
and adopted a~ a regular meeting of the Tustin Planning Commission,
held on the ~ day of .... '~..,~ .... ~ ..... ~ , 199<~'.
~ENNI FOLEY
Recording Secretary