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RESOLUTION NO. 2726
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF THE SECOND
AMENDMENT TO FINAL TRACT MAP 12870, CREATING
LOT "LLL" FOR THE PURPOSE OF TURNING CHAMPION
WAY INTO A PRIVATE STREET AND DELETING
LANDSCAPED LOTS "GG" AND "HH".
The Planning Commission of the City of Tustin does
hereby resolve as follows:
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The Planning Commission finds and determines as
follows:
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That an Amendment to Final Tract Map 12870 was
submitted to the Planning Commission by the
Irvine Company for consideration.
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That the proposed amendment will eliminate two
lettered lots and create two lettered lots.
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That the amended map is consistent with the
intent and spirit of the approved Final Tract
Map 12870.
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That the proposed amendments do not violate
the provisions of the City's Subdivision
Ordinance or the State Subdivision Map Act.
That a program EIR was previously prepared and
certified for this project.
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That the proposed amendment to Final Tract Map
12870 is in conformance with the Tustin
General Plan, adopted East Tustin Specific
Plan, Development Agreement and Subdivision
Map Act as they pertain to the development of
Sector 7.
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That the City has reviewed the School
Facilities Agreement between the Irvine
Company and the Tustin U:~£fled School
District, the East Tustin Specific Plan, EIR
85-2 and the impacts of the amendmer~t to Final
Tract Map 12870 for School District Facilities
and finds and determines that t"~e impacts on
School District facilities by ap. 'oval of this
amended map were adequately addressed.
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Resolution No. 2726
December 11, 1989
Page 2
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That the design of the amended map will not
conflict with easements acquired or required
by the public at large, for access through or
use of the property within the subdivision.
II. The Planning Commission hereby recommends to the
City Council approval of the second amendment to
Final Tract Map 12870 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 11th day of December,
1989.
PENNI FOLEY
Recording Secretary
Chairman
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am tho Recording
Secretary of the Planning Commission of the City of Tustin, Cali arnia; that
Resolution No. ~L-/~_~ was duly passed and adopted at a~egul~',.~- meeting of
~:he Tus~:in Planning Commission, held on the //~ day of ~,_~_~l.~:.~.~., ,
198 .
EXHIBIT A
SECOND AHE}~MENT TO FINAL TRACT MAP 12870
RESOLUTION NO. 2726
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1)
(5)
1.1 Prior to issuance of the first building permit or other
grants of approval for development of lots "LLL" or other
lots affected by the Amended Map with the exception of
subdivision walls constructed by the subdivider of Tract
12870, as amended, on each parcel within the boundary
affected by the Amended Map, the subdivider shall prepare
plans and construct or post security guaranteeing
construction of all new or altered construction required
within the public right-of-way and any necessary changes
to improvements originally approved for Tract 12870 in
conformance with applicable City standards, including but
not limited to the following:
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F.
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Curb and gutter/cross gutters
Sidewalks including access facilities for physically
handicapped persons
Drive aprons/approach
Street paving
Landscaping/irrigation facilities
Sanitary sewer service facilities
Domestic water service facilities to Irvine Ranch
Water District and City of Tustin standards,
whichever is applicable at time of plan preparation,
also subject to Fire Department approval and Health
Department standards.
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
Undergrounding of existing and proposed utility
distribution lines
Lot monumentation
Fire hydrants
mmm#mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
SOURCE CODES
(1) STANDARD CONDITION ( 5 )
(2) CEQA MITIGATION (6)
(3) UNIFORM BUILDING CODE/S (7)
(4) Dt:',~ IGN REVIEW
*** EXCEPTION
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
Resolution No. 2726
December 11, 1989
Page 2
(1) 1.2 The amount of acceptable security for construction of
(6) 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) 1.3 Ail construction within a public right-of-way and/or
public easement must be shown on a separate 24t~ X 36"
plan with all construction referenced to applicable City,
County, or Irvine Ranch Water District standard dra~.;ing
numbers.
(1) 1.4 Ail changes in existing curbs, gutters, side%alk~, and
(6) other public improvements shall be responsibility of
subdivider.
*** 1.5 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.
DEDICATIONS/RESERVATIONS/EASEMENTS
(1) 2.1 The
(2)
(5)
(6)
(8)
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
reasonable agencies.
*** 2.2 The vacation proceedings shall maintain and preserve all
existing easements within the existing right-of-way of
Champion Way.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 3.1 Any damage done to existing street improvements and
(6) utilities shall be repaired before final acceptance of
private street and landscape improvements installed as
part of Amended Map 12870.
Exhibit A
Resolution No. 2726
December 11, 1989
Page 3
(1) 3.3 Prior to any work in the public right-of-way, an
Excavation Permit must be obtained and applicable fees
paid for the Public Works Department.
FIRE DEPARTMENT
(1) 4.1 The subdivider shall comply with all requirements of the
(5) Orange County Fire Marshal, including required fire flow,
(2) 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.
(6) 4.2 Prior to issuance of building permits for combustible
(3) construction, evidence that adequate water supply and
(2) 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 improvement plans for approval of Fire Marshal.
NOISE
(1) 5.1 Ail construction operations including engine warm up
(3) shall be subject to the provisions of the City of Tustin
(6) Noise Ordinance and shall take place only during the
(9) 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.
GENERAL
(1) 6.1 Prior to recordation of any final map, Subdivider shall
(3) pay plan check and inspection fees for all revised public
(6) and/or private infrastructure improvements excluding
those financed by an Assessment District.
(1) 6.2 Prior to issuance of certificates of use or occupancy,
(6) the Subdivider shall pay all costs related to the
calculation of the reapportioned parcel assessments, the
preparation of the reapportionment assessment diagram and
other required administrative duties related to
Exhibit A
Resolution No. 2726
December 11, 1989
Page 4
Assessment District 85-1 applicable to the subdivision.
(1) 6.3 Prior to issuance of any building permits, paymer, t shall
(3) be made of all required fees including:
(6)
(9) A. Major thoroughfare and bridge fees to Tustin Public
Works Department.
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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 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.
(1) 6.4 Prior to release of Building permits (other than
grading), the Subdivider shall record a final map in
conformance with appropriate tentative map.
(1) 6.5 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 all applicable
conditions for Final Map 12870.
6.6 The Browning Corridor Aviation Easement and G.C.A.
Easement as outlined in the Memorandum of Undersca~ding
dated July, 1985 between the United States Marine Corps,
the City of Irvine and the City of Tdstin, shall be
indicated on the Map.
6.7 Until compliance with Condition 7.1, subdivider shall be
responsible for maintaining any and all improvements
installed within lot "LLL".
Exhibit A
Resolution No. 2726
December 11, 1989
Page 5
*** 6.8 Approval of this amended map shall be subject to City
Council approval of the street vacation of Champion Way
right-of-way. Failure of the City Council to approve the
street vacation of Champion Way right-of-way shall cause
the Planning Commission's recommendation of approval of
second amendment to Final Tract Map 12870, and all
related applications to become null and void.
CCR'S
(1) 7.1 Prior to recordation of the first builder level
subdivision map on lots 21 and 22 of Tract 12870, all
organizational 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. CCR's shall include but not be
limited to the following provisions:
ao
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
K. However, the City shall not be obligated to
enforce the CCR's.
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The requirement that association bylaws be
established.
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Provisions for effective establishment, operation,
management, use, repair and maintenance of all
common areas and facilities including landscaped
areas and lots, private streets, walls and fences,
private roadways (i.e., walks, sidewalks, trails)
and paseos.
De
Membership in the Master Homeowner's Association
shall be inseparable from ownership in individual
properties within Tracts on lots 21 and 22 of Tract
Exhibit A
Resolution No. 2726
December 11, 1989
Page 6
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12870.
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 the}' 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 e:~posed
surface roots and damage to sidewalks,
driveways and structures.
(2) Ail private roadways and sidewalks 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. 2726
December 11, 1989
Page 7
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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
surroundinc property, or to property or
improvements within three hundred (300) feet
of the property may also be added as
alternative language.
Master 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.
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.
Perimeter project block walls under Master
Homeowner's Association Maintenance responsibility
to be constructed on private property shall be
maintained and replaced, if necessary by the Master
Homeowner's Association. This shall not preclude
the Master Homeowner's Association from assessing
charges to individual property owners for structural
damage to the wall or fence.
Exhibit A
Resolution No. 2726
December 11, 1989
Page 8
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No amendment to alter, modify, ter~inate 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 <er, 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.
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