HomeMy WebLinkAboutPC RES 27281
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RESOLUTION NO. 2728
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OP TUSTIN,
RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF TENTATIVL TRACT MAP
14022.
The Planning Commission of the City of Tustjn does
hereby resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
That Tentative Tract-Map 14022 was submitted
to the Planning Commission by Richard C.
Webber for consideration.
B·
That a public hearing was duly called, noticed
and held for said map on January 8, 1990.
C·
A Negative Declaration has been prepared for
the subject project in conformance with the
California Environmental Quality Act.
De
That the proposed subdivision is in
conformance with the Tustin Area General Plan,
Tustin Zoning Code and State Subdivision Map
Act.
That the site is physically suitable for the
type of anticipated development.
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That the site is physically suitable for the
anticipated density of development.
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That the design of the subdivision or proposed
improvements are not likely to cause
substantial environmental damage or
substantially and avoidably injure fish or
wildlife in their habitat.
H·
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 th~ proposed subdivision.
I ·
That the design of the subdivision or the
types of improvements proposed are not likely
to cause serioas public h<'alth problems.
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Resolution No. 2728
January 8, 1990
Pa~e 2
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That in lieu of the parkland dedication, fees
will be paid to the City of Tustin as
determined by the Community Services
Department in accordance with Ordinance 921.
K,
That the applicant will pay school impact
fees, as determined by the Tustin Unified
School District.
II. The Planning Commission hereby recommends to the
City Council approval of Tentative Tract Map 14022,
subject to the conditions contained in Exhibit A,
attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 8th day of January,
1990.
Penni Fol
Secretary
Leslie Anne Pontious
Chairman
EXHIBIT A
TENTATIVE TRACT F~P 14022
RESOLUTION NO. 2728
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENT£
(2)
(3)
(6) 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:
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Curb and gutter/cross gutters
Sidewalks including access facilities for physically
hand~capped 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
Street lighting
Storm drains and subdrains (* The storm drain
facilities within this tract will be private drains
to ~e maintained)
Undergrounding of existing and proposed utility
distribution lines
Lot monumentation
Fire hydrants
SOURCE CODE
(1) ST;tNDARD CONDITIONS
(2) CEQA MITIGATION
(3) UNIFOILM BU2LDiNG CODES
(4) DESIC~'~ REVIEW
*** EXCEPTIONS
( 5, SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQ~'IREMENT
(7) LANDSCAPING GUIDELINES
(&) PC/CC POLICY
(9) OTHER MUNICIPAL CODE REQUIREMENT
Exhibit A
Resolution No. 2728
January 8, 1990
Page 2
(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 leviewed and
approved by the Building Official.
(6) 1.2 Ail construction within a public right-of-way and/or
pub2. ic easement must be shown on a separate 24" X 36"
plan with all construction referenced to applicable City
or County standard drawing numbers.
(1) 1.3 Ail changes in existing curbs, gutters, sidewalks and
(6) other public improvements shall be responsibility of
Subdivider.
(1) 1.4 Preparation of plans for and construction of:
(2)
(6) 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 city of Tustin.
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A domestic water system must be to the standards of
the City of Tustin Water Service. 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 system shall be to the standards as required
by the Irvine Ranch Water District.
(1) 1.5 Storm drain, water and sewer improvement plans shall
(6) comply with the "City of Tustin" Minimum Design Standards
(8) for on-site Private Street and Storm Drain Improvements.
(8) 1.6 The subject property shall be annexed into the City of
Tustin 1982 Landscaping and Lighting District. The
applicant shall provide the City with a letter stating
that they will not protest the annexation.
Exhibit A
Resolution No. 2728
January 8, 1990
Page 3
DEDICATIONS/RESERVATIONS/EASEMENTS
(1) 2.1 The
(2)
(5)
(6)
(8)
subdivider shall satisfy dedication and/or
reservation requirements as applicable, includf .g but not
limited to dedication of all required street ~nd flood
control right-of-way easements, vehicular access rights,
sewer easements and wat~.r easements defined and ~pproved
as to specific location by the City Engineer and other
responsible agencies.
*** 2.2 Reciprocal access (vehicular, parking and pedestrian)
easements between all lots created by Tentative Tract Map
14022 shall be noted on any final map.
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.-.,Tay, 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 detaii.~d soil engineering report sh.~l be
submitted to and approved by the Building Official
confo...~'' to the requirements of the Un~'form
BuildinT ...',~e, City Grading Requirements, ana all
other appl'cable State and local laws, regulations
and requirements.
Exhibit A
Resolution No. 2728
January 8, 1990
Page 4
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Preparation and submittal of a grading plan subject
to approval of the Department of Community
Development delineating the following information:
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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.
5. Ail flood hazard areas of record.
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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 gradient, etc., and may require
certification of any grading related matter.
Exhibit A
Resolution No. 2728
January 8, 1990
Page 5
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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.
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Submittal of a construction traffic routing plan to
be reviewed and approved by the Director of Public
Works.
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Written approval must be obtained from adjacent
property owners for rights-of-entry for construction
activity across lot lines.
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Note on plans that a qualified
paleontologist/archeologist, as appropriate, shall
be present during rcugh grading operationr. If
resources are found, work sha. 1 stop in the affected
area and all resources shall be excavate~ or
preserved as deemed appropliate 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.
(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 The subdivider shall comply with all requirements of the
(6) Orange County Fire Marshal., including required fire flow,
installation where required of fire hydrants subject to
approval as to location by the 'ire Department, City of
Tustin Public Works Department and Irvine Ranch Water
District, and compliance with all requirements pertaining
to construction.
Exhibit A
Resolution No. 2728
January 8, 1990
Page 6
(1) 5.2 Prior to issuance of building permits for combustible
(2) construction, evidence that adequate water supply and
(6) operational fire hydrants are available for fire
protection shall be submitted and approved by the Orange
County Fire Marshal. The subdivider shall also submit
water improvements plans for approval of Fire Marshal.
(1) 5.3 Prior to issuance of any building permits, a construction
(2) phasing plan shall be submitted to and approved by the
(6) 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 issuance of any building permits, plans for an
(2) automatic fire extinguishing system shall be approved by
(6) 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 Certificates of Use or
(2) Occupancy, the private streets shall be red curbed and
(6) posted "No Parking-Fire Lane" as per 1985 Uniform Fire
Code Section 10.207 i~ a manner meeting the approval of
the Fire Chief.
(1) 5.6 Ail buildings shall be of one hour fire resistant
( 2 ) construction.
(6)
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 alone 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.
Exhibit A
Resolution No. 2728
January 8, 1990
Page 7
Ail residential lots and dwellings shall be sound
attenuated against present and projected noises,
which shall be the sum of all noise impac%ing 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 al" habitable
rooms is required. Evidence prepared unde~ 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,
(9) shall be subject to the provisions of the City of Tustin
Noise Ordinance and shall take place only during the
hours of 7:00 a.m. until 6:00 p.m., Monday through
Friday; unless the Building Official determines that said
activity will be in substantial confor]~ance with the
Noise Ordinance and the public health and safely 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 restricticns
(9) shall be Submitted to and approved by the Community
Development Department and City Attorney's Off'ce. 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:
Exhibit A
Resolution No. 2728
January 8, 1990
Page 8
A,
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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 provision:s in which the City has
interest, as reflected by the following B through
Q. However, th~-. City shall not be obligated to
enforce the CCR'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, recreation areas, walls and fences,
driveways, reciprocal access (vehicular, parking and
pedestrian) easements between all lots created and
emergency access easement on the subject lot.
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:
(1) Ail common area landscaping and private lawn
areas visible from any public way shall be
properly maintained such that they are evenly
cut, evenly edged, free of bare or brown spots,
free of debris and free of weeds above the
level of the lawn. All planted areas other
than lawns shall be free of weeds, dead
vegetation and debris. All trees and shrubs
shall be trimmed sc they do not impede
Exhibit A
Resolution No. 2728
January 8, 1990
Page 9
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pedestrian traffic along the walkwavs. Trees
shall be pruned so they do not in~rude into
neighboring property and shall be maintained
so they do not have droppings or create other
nuisances to neighboring property. A'~i t~ees
shall also be root pruned to eliminate exposed
surface roots and damage to sidewalks,
driveways and structures.
(2) Ail private roadways, and sidewalks shall be
maintained sc that they are safe for users.
Significant pavement cracks, paveme: ,istress,
excessive slab settlement, abrupt vertical
variations and debris on travel ways should be
removed or repaired promptly.
(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 may also be added as
alternative language.
Homeowner's Association ap~:roval of exterior
improvements requiring a building permit shall be
obtained prior to requesting a buildinc Dermit from
the City of Tustin Community Development Department.
All plans for e×terior improvements shall conform
to requirements set forth by the City and the CCA's.
Residents shall not store or parl. any non-motorized
vehicles, trailers or motorized v,~hicles t!~at exceed
7 feet high, 7 feet wide and 19 feet long in any
parking, driveway or private street area e~<cept for
purpose of loading, unloading, making deliveries or
emergency repairs except that the Homcuwner's
Exhibit A
Resolution No. 2728
January 8, 1990
Page 10
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Association may adopt rules and regulations to
authorize exceptions.
Parking spaces shall be permanently and irrevocably
assigned to individual condominium units at rates
of two spaces per unit. All assigned spaces shall
be covered (garage) .
Condominium units shall not have separate external
television and radio antennas. Either a central
antennae 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.
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. 2728
January 8, 1990
Page 11
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Perimeter project block walls/fences to be
constructed on private property shall b~.~ maintained
and replaced, if necessary, by a iiomeowne-''s
Association. This shall not preclude & homeowner's
Ass ciation from assessing charges to individual
property owners for structural damage to the wall
or fence.
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Nc amendment to alter, modify, terminste or change
the Homeowner's Association's obligation to maintain
the common areas and the project perimeter well 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 righ~ to e'.force
maintenance of the common areas and maintena.-,ce of
the project perimeter wall, shall be ef~'ctive
without the prior written approval of the City of
Tustin Community Development Department.
TENANT/HOMEBUYER NOTIFICATION
(1)
(2) 8.1 Prior to issuance of Certificate of Occupancy:
A®
A document separate from the deed which wi21 be an
information notice to future tenants of [ircraft
noise impacting the subdivision. The noti~a 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.
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The Subdivider shall submit for review and ar,proval
of content by the Director of Community Development,
a copy o~ rental/~ales literature for the
residential project %ith a school~ noLification
statement, printed on it. Any an~.~s to the
rental/sales literature after init~'._ City appro;al
shall be submitted to the Director of Community
Development for approval.
Exhibit A
Resolution No. 2728
January 8, 1990
Page 12
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The Subdivider shall provide the City with a copy
of the approve aircraft/helicopter noise statement
which shall contain a disclosure document on
aircraft notification. Said document must be signed
by each tenant 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 Developme'~t
and participation by the governing school district
which shall indicate:
(1) The location of existing elementary, middle and
high schools which will serve the subdivision
(text and map).
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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:
ao
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. 2728
January 8, 1990
Page 13
(1) 9.2 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.
B,
Sanitary sewer connection fee to Orange County
Sanitation 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 Dcvelopmant
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
developer/landowner.
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.
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Subdivider shall submit a current title report.
Subdivider shall sub~.it a duplicate mylar o'~ the
Final Map, or 8 1/2 inch by 11 inch transparency of
each map sheet prior to final map approval and '~s
built" grading, landscape' and imprc'. ~men~ plans
prior to certificate of a.? e...=ance.
Exhibit A
Resoluticn No. 2728
January 8, 1990
Page 14
(1) 10.4 Subdivider shall conform to all applicabl~, requirements
of the State Subdivision Map Act and the City's
Subdivision Ordinance and applicable conditions for Final
Map 12870, as amended.
10.5 Prior to release of building permits all conditions of
approval of Design Review 88-70 and Variance 89-19 of the
subject project shall b~' complied with as shown on
Exhibit A attached to Resolution No. 2729 and
incorporated herein by reference.
PR: kbc
STATE OF CAi.iFORNIA )
COUNTY OF ORANGE )
CiTY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the
Recording Secretary of the Planning CommissiDn of the City of
Tustin, California; that Resolution No. c~7~'?' was duly passed
and adopted at a regular meeting of the Tustin Planning Commission,
held on the ~"~ day of ~~~ , 199~.
PENNI FOLEY
Recording Secretary