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RESOLUTION NO. 2638
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 13835.
The Planning Commission of the City of Tustin does hereby resolve as
fol 1 ows:
I. The Planning Commission finds and determines as follows:
A. That Vesting Tentative Tract Map No. 13835 was submitted 03 the
Planning Commission by Recreations Group of Companies for
con s i dera ti on.
B. That a public hearing was duly called, noticed and held for said
map on July 24, 1989.
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.
D,
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 specific development.
E. The 1.86 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, the
impacts of Vesting Tentative Tract Map 13835 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.
G. That the subject site is physically suitable for the type of
development proposed.
H. That the subject 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
habi tat.
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Resolution I4o. 2638
Page two
J. That the design of the subdivision or the type of improvements
proposed will not conflict wi th easements acquired by the
public-at-large, for access through or use of the property
within the proposed subdivision.
K. That l:he design of the subdivision or the types of improvements
proposed are not likely to cause serious public health problems.
The Planning Commission hereby recommends to the City Council
approval of Vesting Tenrmtive Tract Map 13835, subject to the
conditions contained in Exhibit A, attached hereto.
I
~ regul, a~ meeting of the Tustin Planning Commission,
iPASSED AND ADOPTED at a ~
12' held on the 24th day of July, 1989.
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Secretary
Le§lie Anne Pontious
Chairman
EXHIBIT A
TENTATIVE' TRACT MAP 13835
RESOLUTION NO. 2638
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
{1) 1.1 Prior to recordation of a fir)al map or issuance of a Building Permit whichever
occurs first, the Subdivider shall prepare plans for and construct or post
(2) security guaranteeing construction of all public and/or private,
(3) infrastructure improvements within the boundary of said tract map in
m m- (6) conformance with applicable City standards, including but not limited to the
fol lowing:
A. Curb and gutter/cross gutters
B. Sidewalks including access facilities for physically handicapped persons
C. Drive aprons/approach
D. Street paving
E. Street signing
F. Landscaping/irrigation facilities
G. Sanitary sewer service facilities
H. Domestic water service facilities
I. Reclaimed water service facilities
J. Utility connections (i.e., gas, electric, telephone, and cable T.V.
facilities)
K. Street and paseo lighting
L. Storm drains and subdrains {* The storm drain facilities within this
tract will be private drains to be maintained by the Homeowner's
Association)
M. Undergrounding of existing and proposed utility distribution lines
N. Lot monumentation
O. Fire hydrants
P. Secondary emergency access road
(~)
(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. Plans for public improvements shall be subject to
approval by the Public Works Department; plans for private improvements shall
be subject to approval by the Building Official.
(1) 1.2 All construction within public right-of-ways and/or public easements shall be
(6) shown on a separate 24" X 36" plan with all construction referenced to
applicable City, County, or Irvine Ranch Water District standard drawing
n umber s.
SOURCE CODES
(1) STANDARD CONDITION
(2) EIR MITIGATION
(3) IINIFORM BUILDING CODES
(4) DESIGN REVIEW
*** EXCEPTION
(5) SPECIFIC PI_AN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC POLICY
(Si) OlllER MIJNICIPAL CODE REQUIREMENT
Resolution No. 2638
Exhi bi t A
Page two
(1) 1.3 All changes in existing curbs, gutters, sidewalks and other public
(6) improvements shall be the responsibility of subdivider.
(1) 1.4 Preparation of plans for and construction of:
(2)
{6) A. All sanitary sewer facilities shall be submitted as required to the City
Engineer and local sewering agency. These facilities shall include a
gravity flow system per standards of the 1trine Ranch Water District.
B. A domestic water system shall be designed 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 al so 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.
C. All private streets shall be constructed in accordance with City
requirements in terms of type and quality of materials used.
D. Sidewalk areas shall flare around the placement of all above ground
facilities, such as signing, street lights and fire hydrants when said
sidewalks are constructed adjacent to the curb wi thin the street
right-of-way. However, no structures over 36" in height shall be located
in the front yard setback area.
(1) 1.5 Private streets, storm drain, water & sewer improvement plans shall comply
(6) with the "City of Tustin" Minimum Design Standards for on-site Private Street
(8) and Storm Drain Improvements.
DEDICATIONS/RESERVATIONS/F_ASEMENTS
(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 reasonable agencies.
(6) 2.2 The applicant shall obtain and record an ingress/egress easement for
the proposed emergency access drive to the satisfaction of the City Engineer
and the Fire Department.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 3.1 Prior to recordation of the final map, subdivider shall post with the
Resolution No. 2638
Exhibit A
Page three
(2)
C6)
Public Works Department a minimum $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 utilities shall be
(6) 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 shall 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 del i neating the fol 1 owing
i nforma ti on:
·
Methods of drainage in accordance with all applicable City
standards.
2. All recommendations submitted by geotechnical or soils engineer and
speci fical 1 y approved by them.
3. Compliance with conceptual grading shown on tentative tract map.
®
A drainage plan and necessary support documents including a precise
hydraulic study and hydrology calculations to comply wi th the
foll owing 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.
Resolution No. 2638
Exhi bi t A
Page four
d. Provision for contributory drainage from adjoining properties.
5. All flood hazard areas of record.
C.
Preparation of a sedimentation and erosion control plan for all
construction work related to the subject Tract including a method of
control i~o prevent dust and windblown earth problems.
D.
Submittal of a construction traffic routing plan to be reviewed and
approved by the Director of Public Works.
E.
Written approval shall be obtained from adjacent property owners for
rights-of-entry for construction activity across lot lines.
(1) 4.2 All earthwork shall be performed in accordance with the City of Tustin
(3) Municipal Codes and grading requirements.
FIRE DEPARTMENT
(1) 5.1 Prior to the recordation of a final tract map, water improvement plans shall
{6) be submitted to and approved by the Fire Chief for adequate fire protection
{2) and financial security posted for the installation.
(1) 5.2 Prior to issuance of building permits for combustible construction, evidence
{6) that adequate water supply for fire protection is available shall be submitted
{2} 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 material s.
(1) 5.3 Prior to recordation of a final tract map, fire protection access easements,
{6} shall be approved by the Fire Chief and dedicated to the County of Orange.
{2) The CC&R's shall contain provisions which prohibit obstructions within the
fire protection access easements and also require Fire Chief approval for any
modifications such as speed bumps, control gates, or change in the parking
plan within said easement.
(1) 5.4 Prior to issuance of any building permits, a construction phasing plan shall
{6} be submitted to and approved by the Fire Chief. The purpose of this review is
{2} to evaluate the adequacy of emergency vehicle access for the number of
dwelling units served.
(1) 5.5 Prior to issuance of any building permits, plans for a residential 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.
NOISE
{1} 6.1 Prior to the issuance of any building permits:
Resolu%ion No. 2638
Exhibit A
Page fi ve
C2)
A final acoustical analysis report describing the acoustical design features
of the structures required to satisfy the exterior and interior noise
s%andards 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.
All 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 i~l outdoor
living areas and an interior s~andard of 45 dBa CNEL in all habitable rooms is
required. Evidence prepared under the supervision of an acoustical consultant
that these s~andards will be satisfied in a manner consistent with applicable
zoning regulations shall be provided.
(1) 6.2 Prior ~o issuance of any Certificates of Use or Occupancy, field testing in
(3) accordance with the Title 25 regulations may be required by the Building
C2) Official to verify compliance with STC and IIC design standards.
(1) 6.3 All construction operations, including engine warm up, shall be subject to the
(9) provisions of the City of Tustin Noise Ordinance and shall ~ake 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 ~o 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 documents for the
(3) project including any deed restrictions, covenants, conditions, and
(8) restrictions shall be submitted ~o and approved by the Community Development
(9) 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 Depart~nent after their recordation. CCR's shall include
but not be limited ~o the following provisions:
A.
Since the City is interested in pro~ecting 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 ~o the CCR's for enforcement purposes of those
CC&R provisions in which the City has interest, as reflected by the
following B through O. However, the City shall not be obligated ~o
enforce the CCR's.
B. The requirement that association bylaws be established.
Resolution No. 2638
Exhibit A
Page six
C. Provisions for effective establishment, operation, management, use,
repair and maintenance of all common areas and facilities including
landscaped areas and lots {maintenance of all landscaping along
Robinson Drive shall be the responsibility of the Homeowner's
Association), recreation areas, pools and spas, private parks, walls
and fences, private roadways (i.e., walks, sidewalks, trails) and
paseos.
D. Membership in any Homeowner's Association shall be inseparable from
ownership in individual units.
E. 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,
trelleses, gazebos, awnings, room additions, exterior mechanical
equipment, television and radio antennae.
F. Maintenance standards shall be provided for applicable items listed
in Section C above in CCR's. Examples of maintenance standards are
shown bel 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 neighboring property. All trees
shall also be root pruned to eliminate exposed surface roots
and damage to sidewalks, driveways and structures.
(2) All 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 shall 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
Resolution No. 2638
Exhi bi t A
Page seven
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
al ternative language.
G. 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.
H. Residents shall not store or park any non-motorized vehicles,
trailers or motorized vehicles that exceed 7 feet in height, 7 feet
in width and 19 feet in length in any parking, driveway or private
street area except for purpose of loading, unloading, making
deliveries or emergency repairs, except that tile Homeowner's
Association may adopt rules and regulations to authorize exceptions.
I ·
Notification that surrounding properties may be developed in
accordance with City ordinances in a manner which may partially or
totally obstruct views from the owner(s) unit, and that the City of
Tustin makes no claim, warranty or guarantee that views from any
unit will be preserved as development of surrounding properties
occur s.
J. A total of 564 parking spaces shall be permanently and irrevocably
assigned to individual condominium units at a rate of two parking
spaces per unit. An additional 141 guest parking spaces shall be
established and maintained within the common area.
K·
Condominium units shall not have separate external television and
radio antennae. Either 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.
L·
All utility services serving the site shall be installed and
maintained underground.
M. 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
Resolution No. 2638
Exhi bi t A
Page eight
N ·
O®
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 and golf course
easement impacting the subdivision, as approved by the City of
Tustin Community Development Department.
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.
P·
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 ~he City of Tustin Community
Development Department·
Q·
Covenants restricting the conversion of the Hobby/Utility Rooms in
Plans A, C, D and E to livable and habitable space.
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 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.
B. 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 wi th the approved aircraft/helicopter noise
statement and the approved schools notification statelnent, 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.
C·
The Subdivider shall provide the City wi th a copy of the approved
aircraft/helicopter noise statement which shall contain a disclosure
document on aircraft notification. Said document shall be signeU 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.
Resolution No. 2638
Exhi bi t A
Page nine
D. 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
con structed.
E. The Subdivider shall provide the City with a statement which shall 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.
8.1 ICR documents and homeowner notification shall include information of the golf
course easement currently impacting property.
(1) 8.2 Subdivider shall notify all potential homebuyers of the following
{6) Assessment/Maintenance Districts affecting the property:
A. Assessment District 86-2.
B. City of Tustin 1982 Landscaping and Lighting District as amended.
FEES
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(1) 9.1 Prior to recordation of any final map, Subdivider shall pay plan check and
(3) inspection fees for all public and/or private infrastructure improvements
{6) within City's responsibility excluding those financed by an Assessment
(9) Di stri ct.
(1) 9.2 Prior to issuance of certificates of use or occupancy, the Subdivider shall
(6} 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. (Assessment District 86-2).
(1) 9.3 Prior to issuance of any building 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.
Resolution No. 2638
Exhibit A
Page 1;eh
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.
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.
G ·
Payment of East Tustin Facility Fees as follows or as adjusted for
inflation pursuant to existing Fee Resolution'
1. $3,282 for Irvine Boulevard widening
2. $21,555 for Fire Facility and Equipment
3. $31,702 for Civic Center Expansion
GENERAL
(1) 10.1 Within 24 months from Tentative Tract 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 occupancy of units, the subdivider shall complete all public and
private improvements as determined by the City Engineer and Director of
Community Development Department to be necessary for the public health and
safety and construction which is a prerequisite to the orderly development of
the project and the surrounding area.
(1) 10.4 Prior to final map approval'
A. Subdivider shall submit a current title report.
B. Provision for landscaping maintenance and ownership of all landscape lots
(lettered lots) shall be the responsibility of the adjoining property
owners and/or Homeowner's Association of Tract 13835.
C·
Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch
by 11 inch ~ransparency of each map sheet prior to final map approval and
"as built" grading, landscape and improvement plans prior to certificate
of acceptance.
Resolution No. 2638
Exhibit A
Page el even
(1) 10.5 Subdivider shall conform to all applicable requirements of tile State
(9) Subdivision Map Act, the City's Subdivision Ordinance, in East TusSin Specifc
(5) Plan and DevelopmenS Agreemens, EIR 85-2, and applicable conditions for Final
--(2) Map 12870.
(1) 10.6 The cumulative number of residenSial units for which cersificates of occupancy
(5) may be issued shall nos exceed She required cumulative socal of square fees of
occupied revenue generasing uses or equivalents as shown in She EasS Tustin
Specific Plan DevelopmenS Agreement.
10.7 All applicable condiSions of previously approved 12870 shall apply %o Tract
13835, particularly She ressricsion that no Building Permit shall be issued
until She Lower Peter's Canyon Retaining Basin is operational.
10.8 Prior %o release of building permits, all applicable conditions of approval of
Tentative Tract Map 13835 and Design Review 88-71 shall be complied wish.
However, applicant will be permitSed to obSain 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
Depar tmen t.
10.9 The legal description shall include Lot "DD" of Tract 12870 as illustrased on
the map.
10.10 The applicant shall sign and return an AgreemenS %o CondiSions Imposed form
prior %o the issuance of any permiSs.
DF:dh:jk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the _Pla_nn~ng Commission of the City of Tustin, California; that
Resolution No. ~2~_~ was duly passed and adoptedat ~_.re_qular meeting of
the Tustin Planning Commission, held on the ~~dayof ~__~ ,
PENNI FOLEY
Recording Secretar