HomeMy WebLinkAboutPC RES 26651
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
20
22
23
24
25
26
27
28
RESOLUTION NO. 2665
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF AN AMENDMENT TO FINAL TRACT MAP 12870,
CREATING LOTS "EEE", "FFF", "GGG", "HHH", "III"
"JJJ", AND "KKK" FOR LANDSCAPF PURPOSES, AND LOT
"DDD" FOR THE PURPOSE OF TURNING FAIRGATE DRIVE AND A
BORTION OF RAWLINGS WAY INTO A PRIVATE STREET·
The Planning Commission of the City of Tustin does hereby resolve as
fo l 1 ows:
I. The Planning Commission finds and determines as follows:
A. That an Amendment to Final Tract Map 12870 was submitted to the
Planning Com. q:ission by the Irvine Company for consideration.
B. That the proposed amendment will increase the number of lettered
lots by eight.
C. That the amended map is consistent with the intent and .~pirit of
the approved Final Tract Map 12870.
D·
That the proposed amendments do not violate the provisic, ns
the City's Subdivision Ordinance or the State Suhdivisi:~:~
Act.
E ·
That a program EIR was previously prepared and cert]::i,.-i f,:,r
this project.
F·
That the proposed amendment to Final Tract [~ap l~:~./i! i~ in
conformance with the Tustin General Plan, adopted East l'~sti:',
Specific Plan, Development Agreement and S~bdivision Mai) Act a~.:.
it pertains to the developmen[ of Sectors 5 and 8.
Ge
That the City has reviewed the School Facilities A~lree~..nent
between the Irvine Company and the Tustin IJnifie,~ School
District, the East Tustin Specific Plan, E1R 85-2 ,]~rl the
impacts of the amendment to Final Tract [.lal.~ 12870 for School
District Facilities and finds and determines ~hat the ir,:[;act.'., :)n
School District facilities by approval of this amended ~:~ap were
adequately addressed.
H·
That the design of the amended map will not conflict, wihl:
easements acquired or required by the public at large,
access through or use of the property within the subd'ivisio~.
1
2
3
4
5
6
8
10
11
12
13
14
15
17
18
19
2O
21
23I
25
27
28
Paqe tw~
II. The Planning Commission hereby recommends to the City Council
approval of an 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,
on the 28th day of August, 1989.
LESLIE A. PONTIOUS,
Chairman
PENNI FOLEY
Recording S~cretar
EXHIBIT A
AM£NDMENT TO F)NAL TRACT HAP 12870
RESOLUTION NO. 2665
CONDXTIONS OF APPROVAL
PUBLIC/PRIVAll~ INFRASTRUCTURE IMPROVEMENTS
. .
(1) 1.1 Prior to issuance of the first building permit or other grants of approval for
(6) development of lots "DDD", "EEE","FFF", "GGG", "HHH", "III", "JJj" and "KKK"
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:
Ae
B.
C.
D.
E.
F.
Gm
He
J,
K.
L.
M.
N.
O.
Curb and gutter/cross gutters
Sidewalks including access facilities for physically handicapped persons
Drive aprons/approach
Street paving
Landscaping/trri gation faci li ties
Sanitary sewer service facilities per City Engineer and Irvine Ranch
Water District Standards.
Domestic .water service facilities to Irvlne Ranch Water District and City
of Tustln 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 monumentati on
Fi re hydrants
URCE CODES
(1) STANDARD CONDITION
(2) EIR MITIGATION
(3) UNIFORM BUILDING CODES
(4) DESIGN REVIEW
*** EXCEPTION
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC POLICY
(9) OTHER MUNICIPAL CODE REQUIREMENT
Reso~tton No. 2665
Exhibt t A
Page two
(1) 1.2 The amount of acceptable security for construction of public Improvements
(6) shall be reviewed and approved by the Public Works Department. The amount and
acceptable security for prlvate Improvements shall be reviewed and approved by
the Building Official.
(1) 1.3 All construction wlthln a publlc right-of-way and/or public easement must be
shown on a separate 24" X 36" plan wlth all construction referenced to
applicable City, County, or Irvlne Ranch Water District standard drawing
numbers.
(1) 1.4 All changes in existing curbs, gutters, sidewalks and other public
(6) 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 th~ sidewalk when said sidewalks are constructed
adjacent to the curb within the public right-of-way.
DED ICATIONS/RESERVATION S/EASEMENTS
(1) 2.1 The subdivider shall satisfy dedication and/or reservation requirements as
{2) applicable, including but not limited to dedication of all required street and
(5) flood control right-of-way easements, vehicular access rights, sewer easements
(6) and water easements defined and approved as to specific location by the City
(8) Engineer and other responsible agencies.
The vacation proceedings shall maintain and preserve all existing easements
within the right-of-way of Township Drive and Rawlings Way.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLZC RIGHT-OF-WAY
..............
(1) 3.1 Any damage done to existing street improvements and utilities shall be
(6) repaired before final acceptance of private street and landscape improvements
installed as part of Amended Map 12870 and Design Review 88-67.
(1) 3.2 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.
FIRE DEPAR'i'~ENT
(1) 4.1 The subdivider shall comply with all requirements of the Orange County Fire
(5) Marshal, including required fire flow, installation where required of fire
(2) 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.
Resolution No. 2665
Exhibit A
Page three
(1) 4.2 Prior to issuance of building permits for combustible construction, evidence
(5) that adequate water supply and operational fire hydrants are available for
(2) fire protection shall be submitted and approved by the Orange County Ftre
Marshal. The subdivider shall also submit water Improvement plans for
approval of Fi re Marshal.
NOISE
-") S.1 All construction operations including engine warm up shall be subject to the
) provisions of the City of Tustin Noise Ordinance and shall take place only
during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday 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 pay plan check and
{3) inspection fees for all revised public and/or private infrastructure
(6) improvements excluding those financed by an Assessment District.
(1) 6.2 Prior to issuance of certificates of use or occupancy, the Subdivider shall
(6) 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 Assessment District 85-1
applicable to the subdivision.
(1) 6.3 Prior to issuance of any bulldln~ permits, payment shall be made of all
(3) 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.
C. Grading plan checks and permit fees to the Community Development
Department.
D. All applicable Building plan check and permit fees to the Community
Development Department.
Resolution No. 2665
Exhibit A
Page four
E. New development fees to the Community Development Department.
F.
School facilities fee to the Tustln Unified School District subject to
any agreement reached and executed between the District and the Irvlne
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 of the State
(9) Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin
(5) Specifc Plan and Development Agreement, EIR 85-2, and all applicable
(2) conditions for Final Map 12870.
6.6 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 the
Map.
6.7 Until con~)llance with Condition 7.1, subdivider shall be responsible for
maintaining any and all improvements installed pursuant to Design Review
88-67.
6.8 Public access from the cul-de-sac of Rawlings Way shall be required and
installed onto lot 6 (school site) at a point in time when the driveway
parking lot is constructed on school site. Said access shall have a minimum
width of 24 feet.
CCR'S
·
(1) 7.1 Prior to recordation of the first builder level subdivision map to all lots
within Sector 8 of the East Tustin Specific Plan, 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:
A .
Since the City is interested in protecting the public health and safety
and ensuring the quality and maintenance of common areas under control of
a Master 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.
Resolution No. 2665
Exhlbt t A
Page ftve
B. The requirement that association bylaws be established.
Cm
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.
D. Membership in the Master Homeowner's Association shall be inseparable
from ownership in individual lots within Tracts on lots 3, 4, 5, 8 and 28
of Tract 12870 and lots 13, 24 and 26 of Tract 13627.
Maintenance standards shall be provided for applicable items listed in
Section C above in CCR's. Examples of maintenance standards are shown
be 1 ow:
(1) All 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 neighborlng
property. All trees shall also be root pruned to eliminate exposed
surface roots and damage to sidewalks, driveways and structures.
(2) All private streets, sidewalks and paseo 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.
(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 Master
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.
G. Master Homeowner's Association approval of exterior improvements in areas
of their maintenance responsibilities 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.
H. All utility services serving the site shall be installed and maintained
underground.
Resolutlon No. 2665
Exhlbi t A
Page slx
I. The Association shall be requtred 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 Tustln 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.
Je
Perimeter project block walls under Master Homeowners' 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.
K®
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 effective without the prior written approval of the City
of Tustin Community Development Department.
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. .-_~9~/~5 wa~ duly passed and ~opted at a regular meeting of
the Tustin Planning Commission held on the ~-~ day of /2~~.,~' ,
198~. d
PENNI FOLEY
Recording Secretary