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HomeMy WebLinkAboutPC RES 2603RESOLUTION NO. 2603 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 13627 The Planning Commission of the City of Tustin does hereby resolve' I. The Planning Commission finds and determines as follows- A. That Tentative Tract Map 13627 was submitted to the Planning Commission on behalf of The Irvine Company for the purpose of creating 27 numbered lots and numerous lettered lots on property legally described as a subdivision of a portion of Blocks 40, 41, 42 and 66 of Irvine's subdivision as shown on a map thereof filed in Book 1, page 88 of Miscellaneous maps in the office of the County Recorder of the County of Orange, State of California. B. That a public hearing was duly called, noticed and held considering said map on May 22, 1989. C. That Environmental Impact Report 85-2 as supplemented including addendums has previously been prepared, considered, approved and certified which adequately addresses the project impacts. D. The proposed subdivision is in conformance with applicable ordinances, policies and standards of the City of Tustin, evidenced by the following findings: le That the proposed map is consistent with the Tustin Area General Plan in that' ae Proposed densities and land uses are identified in accordance with the Land Use Element; be Parkl and has been i denti fi ed and al 1 ocated i n accordance with the Recreation Element; Ce Necessary actions to mitigate noise impacts will be required pursuant to the Noise Element, including an analysis of the Browning Corridor. 2. That the proposed map is consistent with the East Tustin Specific Plan in that: a. Provisions of sector processing requirements concerning circulation, grading, geological investigation, hillside district review, drainage and median and parkway landscape plans relative to Sectors 2, 3, 4, 5 and 6 have been met. (Section 3.5) b. The number of residential units proposed is within the established limits stated in the East Tustin Specific Plan (Section 3.4.3.) 5 6 8 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 27 Re s.ol u ti on No. 2603 Page two c. The identified land uses upon the subject map are consistent with permitted land uses outlined in the East Tustin Specific Plan (Section 3.4) d. The school and park sites have been identified in accordance with the Specific Plan (Section 3.4) ee A conceptual site plan for Sector 6 has been submitted. 3. That the project as submitted is consistent with the adopted Development Agreement between the City of Tustin and The Irvine Company dated January 27, 1987. 4. That approval and recordation of Tract 13627 is not the final discretionary approval for development within the subdivision. Subsequent subdivision maps will be required in conformance with the Subdivision Map Act. e That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District and the Facilities Agreement is consistent with the East Tustin Specific Plan. E. That the site is physically suitable for the type of development proposed. F. That the site is physically suitable for the proposed density of development. G. 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. H. 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. I. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. 1 2 3 4 5 6 t 8 9 10 11 12 13 14 15 17 2O 21 22 23 24 25 26 27 28 Resolution No. 2603 Page three II. The Planning Commission hereby recommends to the City Council approval of Tentative Tract Map No. 13627 subject to the conditions listed in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of May, 1989. Penni Foley ~7~ Secretary EXHIBIT A TENTATIVE TRACT MAP 13627 RESOLUTION NO. 2603 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE INPROVEHEIFFS (1) 1.1 Prior to approval of a final map, the Subdivider shall prepare plans for and (2) construct and post security guaranteeing construction of full public and/or {3) private, infrastructure improvements within the boundary of said tract map in {6) conformance with applicable City standards. Many of the facilities will be constructed as part of Assessment District 86-2 but are still intended to be conditioned to this Map. The amount of acceptable security for construction of public improvements shall be reviewed and approved by the Public Works Department based on the status of any Assessment District designation and the extent of any work included in Assessment District 86-2. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. Improvements shall include but shall not be limited to the following: Ae D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. Curb and gutter/cross gutters Sidewalks including access facilities for physically handicapped persons Drive aprons/approach Street paving Street signing and striping Landscapi ng/i rri gati on faci 1 i ti es 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 and paseo lighting Storm drains, subdrains and connections to public facilities. Undergrounding of existing and proposed utility distribution lines Lot monumentati on Fi re hydrants Regional trai 1 Bus stop and other facilities such as bus shelters/benches in accordance wi th Orange County Transit Turnout Design Gui delines, subject to approval of City Engineer. The subdivider shall comply with the Orange County Transit District requirements that three far-side bus stops be installed along both sides of Jamboree Road at Tustin Ranch Road, lot "K" and at "F" Street. Access to the bus stops shall be ensured by paved, lighted SOURCE 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 (B) PC/CC POLICY (g) OTHER MUNICIPAL CODE REQUIREMENT Resolution No. 2603 Exhi bi t A Page two and handicapped accessible walkways from the various builder sites to the nearest bus stop. The area adjacent to each stop shall include a paved waiting pad and shall be lit by adjacent public street lights or lights within the proposed development. Approval from the Department of Community Development shall also be required on the actual architectural design on any installed b~s stop improvement {shelter or benches). (1) 1.2 All construction within a public right-of-way and/or public easement must 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 numbers. (1) 1.3 All changes in existing curbs, gutters, sidewalks and other public {6) improvements shall be responsibility of subdivider, but subject to approval of City Engineer. {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 Irvine Ranch Water District. B. 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 and City Engineer. C · Prior to recordation of a final map, the subdivider shall prepare a hydrology and hydraulic study of the tributary area to Tract 13627 and within said tract and the preparation of plans and construction of a storm drain system to the satisfaction of the City Engineer. De Prior to issuance of any building permits for any residential/commercial project within the tract down stream of the Peter's Canyon Retarding Basin, all retention basin facilities must be constructed and operational unless protection and liability concerns are adequately addressed as approved in writing by the City Engineer and City Attorney. Resolution No. 2603 Exhi bi t A Page three {1) 1.$ Proposed public streets shall be designed to the following specifications: (5) (6) A. All 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. B. All public streets shall be constructed in accordance wi th City requirements in terms of type and quality of materials used. C. 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. When street lights or other above ground facilities are installed adjacent to the curb the sidewalk shall be widened in the immediate vicinity of the street light. D. Prior to final map approval, a list of proposed street names shall be submitted for approval of the Street Name Committee. E. Subdivider shall postpone the final wearing course of asphaltic concrete pavement until substructure work has been completed in conjunction with development of adjacent lots. Subdivider will be required to post a cash bond in-lieu of other bonds in effect for said wearing course overlay work to obtain clearance/acceptance on all street work. F. All on-street parking on all public street rights-of-way shown within Tract 13627 and the same streets shown on subsequent subdivisions within the Tract shall be prohibited. {1} 1.6 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. {1} 1.7 Builder site plans and interior street systems shall consider pedestrian and {2) bicycle circulation, linkages to neighborhood activity centers and citywide {4) and sector wide street and pedestrian links. Another purpose for these (6) linkages is provision of secondary emergency access points to builder sites {8) for additional access as desired by the Fire Department. Before wall plans are approved for each sector, the subdivider shall ensure provision of paseo linkages shown on their concept plan for Tract 13627 and identify additional external paseo access points to "B" Street or as an alternative subdivider or their designee will accept responsibility for future changes in the wall program necessitated by additional paseo access points requested by City subject to approval of the Community Development Department as to location. Additional paseo linkages within each builder level tract may also be required by the Community Development Department. Resolution No. 2603 Exhi bi t A Page four DEDICATIONS/RESERVATIONS/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 an-q (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. *** 2.2 Prior to approval of a final map, the subdivider shall provide traffic engineering analysis of all intersections involving one or more arterial streets to determine need for additional right-of-way to accommodate dual left turn improvements, free right turn movements and the need for traffic signals. Subdivider may be required to dedicate additional right-of-way no~ shown on Tentative Tract 13627. *** 2.3 If "D" and "E" remain as private streets, modified street sections for flaring of roadway right-of-way to accommodate gates and entries may be needed subject to the approval of the City Engineer and the Director of Community De ve 1 opine n t. *** 2.4 A reservior site and booster pump station site shall be noted and reserved in concept on Final Map 13627 for future acquisition subject to approval of general location by the City Engineer. The location of the reservoir site shall be on either lot 13 or 24 at an elevation of between 320-350 feet and the location of the booster pump station shall be on lot 26. All locations will be finalized with subsequent builder level maps. Additional easements for transmission pipelines will be required if public streets are not available. *** 2.5 Provision shall be made to dedicate any required easements for sanitary sewer {6) purposes within Tract 13627 that may be required by the County of Orange Sanitation Districts. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIG~F~-OF-WAY {1} 3.1 Prior to approval of a final map, subdivider shall post with the Public Works (2) Department a minimum $2,500 cash deposit or letter of credit to guarantee the {6) 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 acceptance 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 must be obtained and applicable fees paid from the Public Works Department. Resolution No. 2603 Exhi bi t A Page fi ve TREE PRESERVATION (2) 4.1 The subdivider shall provide adequate maintenance for the preservation of the (5) redwood and cedar stands within Tract 13627 until such time as the City has {8) access to said sites for maintenance purposes. Protection and preservation of the cedar and redwood grove in the community park site shall be required --- according to recommendation of the City's horticulturalist consultant dated March 9, 1989 as determined applicable by the Community Services Department. (2) 4.2 The subdivider shall provide adequate maintenance and preservation of {5) Eucalyptus rows planned to be retained in conjunction with said subdivision as {8) identified on the features plan until said maintenance and preservation is assigned to another maintenance entity. In addition, windrows 18, the westerly portion of windrow 12 and 14, the easterly portion of windrow 20 and the westerly portion of windrow 21 shall not be removed until future grading activities impact them in conjunction with approval of a grading concept and hillside review since these areas are not currently proposed for grading in Tract 13627. Review and approval of the Community Development Department shall be required for removal. (2) 4.3 Concurrent with submission of any future concept grading proposals or hillside {5) review applications in Sectors 4 and 5 and more specifically lots 12, 13, 24, 25 and 26 a Eucalyptus Grove Preservation Plan is needed prior to even {8) selective tree removal identifying where preservation is feasible and techniques for revegetation of Eucalyptus Groves. A consultant subject to approval of the City of Tustin shall be hired to survey the sector, tree by tree prior to authorization of any tree removal by the Community Development Department. Until such time as tree removals may be authorized, subdivider shall preserve trees in these sectors. PARKS/RECREATION (5) 5.1 The subdivider shall dedicate by separate written instruments at the time of (6) recordation of a final map unless otherwise noted, land for park purposes according to all applicable provisions of Ordinance 921 and the East Tustin Specific Plan as follows: A. Dedication of lot 22 shall be a minimum of 9.7 acres for a public community park site with .8 acres reserved for storm drain easement which the subdivider will not be given initial credit for. Credit for the .8 acres shall be given in the event the subdivider secures consent to construct City park over the easement from the Orange County Flood Control District with agreement that the District will not require a paved road over the easement, there will be no unreasonable restrictions on the City's use of the .8 acres, the City elects to improve the easement area for park purposes. Resolution No. 2603 [xhi bi t A Page six B · Dedication of lot 16 shall be a minimum of 3 acres and reservation of lot 17 shall be a minimum of 2.7 acres for public neighborhood park sites. le If the final unit counts in Tracts 12763, 12870 and 13627 indicates that dedication of lot ~6 and 22 will not be s~:fficient to satisfy park dedications of Ordinance 921 and the East iustin Specific Plan for all three tracts combined based on the City's review and monitoring of individual builder projects against their necessary park requirements and assigned parkland credits, then portions or all of lot 17 shall be dedicated by separate written instrument promptly after the determination of the amount of such parkland deficiency by the Community Services Department 2, If the final unit count (including any residential units proposed for lot 17) in Tract 13627, 12763 and 12870 will be sufficient to satisfy park dedication requirements of Ordinance 921 and the East Tustin Specific Plan based on the City's review and monitorng of individual builder projects against their necessary park requirements and assigned parkland credits as determined by the Community Services Department, then the subdivider may develop lot 17 for residential purposes subject to provisions of the East Tustin Specific Plan and lot 17 shall not be encumbered by the reservation. , Reservation of lot 17 shall not be terminated or released unless approved by the City of Tustin Community Development Department and shall not require termination pursuant to Section 66480 and 66481 of the Subdivision Map Act. , If the final unit count of Tract 13627, 12763 and 12870 indicates that the dedication of lots 16, 17 and 22 is not sufficient to satisfy requirements of Ordinance 921 and the East Tustin Specific Plan as determined by the Community Services Department for all tracts combined based on the City's review and monitoring of i ndi vi dual bui 1 der projects against their' necessary park requirements and assigned parkland credits, then the subdivider shall satisfy the remaining parkland deficiency by dedicating additional land for public or private park purposes, or contributing to the City of Tustin fees in-lieu of dedication in an amount equivalent to the value of a land dedication as shall be determined by an independent market appraisal at the time said determination is made. The decision as to whether to dedicate land or pay fees in-lieu of land dedication shall be made by the City's Community Services Department. Resolution No. 2603 Exhi bi t A Page seven C · 5. Prior to issuance of building permits on lot 14 or initiation of design for park improvements on lot 16, whichever occurs first, and provided subdivider has not dedicated lot 17 to the City pursuant to procedures contained in this Exhibit, the subdivider shall prepare a parking covenant and reciprocal access agreement which will guarantee that a minimum of 10 parking spaces and necessary access on lot 14 is provided for use by the park subject to review and approval of such document by the City Attorney and Community Development Director. This condition shall be of no effect if the subdivider dedicates lot 17 to the City as a park. Unless otherwise noted, the following items shall be provided and conditions met subject to approval of the Community Services Department prior to acceptance of any public park site by the City. · Submittal and approval by the Department of Community Development and Department of Community Services of a soils report and rough grading plans specific to lots 16, 17 (if dedicated) and 22, submitted by subdivider's registered soil and civil engineer. In addition to a standard soil report, subdivider shall also provide lot specific soil testing for fertility/agronomy, with any recommendations for soil amendments. · Each lot to be dedicated for park purposes shall be rough graded to two percent {2%) or bonded for per an approved rough grading plan, free of obvious rock and construction by-product material with the exception of lots 16 and 17 (if dedicated), which shall be rough graded to a 3% slope. Grades shall be certified and must include fi eld notes. 3. Full public improvements must be installed or bonded for by the developer around the perimeter of each park site, subject to approval of the City Engineer. These improvements include, but are not limited to full street improvements: curb, gutter, sidewalk, street lighting and signing. · Public utility laterals of a sufficient size including water, electricity, sewer, storm drain, natural gas and telephone communication shall be installed or bonded for each park site's property line with actual designated locations subject to approval of the City Engineer. 5. Construction type fencing shall be installed around the perimeter of the park sites on lot 16, 17 (if dedicated) and 22 if required by the City of Tustin Community Services Department. Installation of said fencing shall be tied into the road development. Between the time the site is dedicated and the time the site is fenced, any materials dumped on site will be removed to restore site to original grades at subdivider's expense. Resolution No. 2603 Exhi bi t A Page ei gh t · Permanent fencing shall be installed by the developer of adjacent bordering properties that abut each park site if required by the City of Tustin Community Services Department prior to release of certificates of occupancy for development of said properties. The design materials of the fences are subject to Design Review approval by the City. D. The private storm drains currently shown between lot 16 and 17 shall be relocated to ensure full useability of lots 16 and 17 subject to approval of the Community Services Department as to final relocation with the understanding that the easement will be on lot 17. {5) 5.2 Subdivider shall prepare plans for construction or be responsible for the (6) following: (9) A. Regional Trail as shown on Tract 13627. Prior to construction, plan concepts and working drawings must be submitted to the County of Orange for review because of the regional nature of the facility and shall also be subject to review and approval by the City of Tustin Design Review Commi tree. B. Regional Trail plans shall provide access points when trail is adjacent to community level parks. C. Regional Trail plans shall reflect the location of pedestrian and bicycle paseos and secondary emergency access points conditioned on individual builder level projects to ensure that trail improvements do not obstruct access to these facilities. Any agreement between the subdivider and the County of Orange should reflect the concept of unobstructed access for the mentioned facilities. D. The costs of any special traffic signal hardware or intersection pavement improvements or treatment needed for horse street crossings to provide a safe at-grade horse crossing without a rider having to dismount. E. Appropriate signs advising vehicular traffic of trail crossing. {6) 5.3 Subdivider shall be responsible for entering into an agreement for maintenance of the actual trail paths within the regional trail right-of-way with the County of Orange Environmental Management Agency. The City of Tustin or other maintenance entity under the control of the City of Tustin shall be responsible for maintaining any landscaping strips within the regional trail right-of-way. Any agreement between the subdivider and County of Orange shall ensure access to City of Tustin for maintenance of these areas. Resolution No. 2603 Exhi bi t A Page ni ne SCHOOLS (5) 6.1 Subdivider shall reserve lot 18 and 23 identified as elementary school sites (6) and lot 19 identified as an intermediate school site for future acq.Jisition by the Tustin Unified School District. In the event that lo'.s reserved for school sites are not required by the Tustin Unified School District, said lots will be permitted to be developed as residential sites. In such cases, subdivider shall submit a revised statistical summary and Sector Development Plan for Tract 13627 which would identify the residential land use category proposed for the site subject to approval by the Planning Commission. GRADING/HILLSIDE GRADING (1) 7.1 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. The report shall contain definitive recommendations for design of location of terraces/toe drains. B. A grading plan consistent with the City's Grading Ordinance and Manual and the City's permitted mylar formats shall be prepared and submitted subject to approval of the Department of Community Development delineating the following information: 1. Methods of drainage in accordance with all applicable City standards including identification of temporary drainage devices. Please note, however, that review of more specific rough or precise grading plans may necessitate revisions to cut and fill slopes as defined by the Community Development Department. Surface drainage will also not be allowed across lots. 2. All recommendations submitted by geotechnical or soils engineer and specifically approved by them. 3. Compliance with conceptual grading shown on tentative tract map. 4. 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. .esolution No. 2603 .xhi bi t A 'age ten 5, t e b. Provision of drainage facilities to protect the lots from any high velocity scouring action. c. Provision for tributary drainage from adjoining properties. Final street elevations at key locations. Final pad/finish floor elevation and key elevations for all site grading. 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 may inspect the site for accuracy of elevations, slope gradients, etc. and will require certification and field survey notes of any grading related matter. Note on plans that a qualified paleontologist/archealogist, 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/archealologist 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/archealogist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are expl ai ned. C. All additional testing of recorded archealogical sites located within Tract 13627 shall be completed and specific recommendations and mi tigation measures recommended by each testing report shall be implemented by subdivider conducting mitigation measures for Cultural Resources contained in Final EIR 85-2. De Grading of hillside areas shall be consistent with the Tustin Grading Ordinance and Grading Manual including, but not limited to the following requirements. 1. Landscape setbacks proposed adjacent to "D", "B" and "E" Streets cannot be validated as to exact dimension until submittal of detailed grading plans and information. 2. While temporary planting bays are proposed on the Hillside/Grading Concept Plan, the subdivider has indicated that their locations are temporary pending the designation of builders access points to individual sites. Slope configurations controlled by design of a roadway plan after a final determination of access points on adjacent builder sites, however, shall be screened by use of permanent planting bays at toe of slope and adjacent to road right-of-way. A variety of slope ratios and horizontal radii shall be used to blend into adjoining slopes. Bay widths should be a minimum of 10 feet and a maximum of 100 feet with 250 feet maximum Resolution No. 2603 Exhibit A Page eleven spacing between openings subject to variations consistent wi th Hillside Guidelines as may be approved by the Community Development Department. Planting bays should be further contained and planted with a combination of tree sizes subject to approval of the Community Development Department {Refer to Appendix C, Standard B136 in Grading Manual). 3. Cut and fill slopes in excess of 200 feet in length should have curvilinear configurations consistent with recommendations of the soil enginer and engineering geologist. The bank and/or top of slope shall be curved in a convex or concave manner to provide a variety of slope ratios. The radius at the toe of slope shall be no greater than 300 feet subject to variations consistent wi th Hillside Gui delines as may be approved by the Community Development Department. 4. A variety of slope ratios and horizontal radii shall be used to blend manufactured slopes into the adjoining natural terrain to provide adequate transition and to avoid abrupt changes between manufactured and natural slope banks. At intersections of manufactured and natural slopes, a gradual transition of rounding or contours with a minimum radius compatible with the existing natural terrain shall be provided. Manufactured slope banks intersecting at or near right angles should be rounded with a radius at any corner location of no less than 25 feet subject to variations consistent with Hillside Guidelines as may be approved by the Community Development Department {Refer to Appendix C, Standards B138 and B137 in the Grading Manual). 5. Where manufactured slope banks approach roadways at or near right angles above the elevations of the roadway, the slope should be flattened at the point of intersections to a slope ratio of 3:1 or flatter thru the curb returns {Refer to Appendix C, Standard B139 in the Grading Manual). 6, Prior to issuance of a grading permit in hillside areas, the subdivider shall implement a slope warranty program as provided in the Grading Manual. Submittal of detailed landscaping and irrigation plan for planting of all temporary and permanent slopes. The plan should include a summary table with all necessary details required in the adopted City of Tustin Landscaping and Irrigation Submittal Requirements as well as the following requirements: a) All permanent cut slopes over 5 feet and fill slopes over 3 feet including roadsides shall be protected from erosion by planting of a combination of plant materials including grasses and ground cover, shrubs and trees. Resolution No. 2603 Exhi bi t A Page twelve b) Special Erosion Control measures which may include such items as revegetation mats shall be in place on all slopes steeper than 4:1 prior tc planting as recommended by a soil engineer and landscape architect and approved by the Community Development Department. Plants selected and planting methods shall be suitable for soil and climatic conditions and validated by a landscape architect and soil engineer. c) Slopes required to be planted shall have a system of irrigation designed to cover all portions of slope after rough grading while automatic irrigation is not required for temporary slope coditions, where water service is available, an established temporary irrigation system shall be required. d) Prior to final approval of grading and before release of grading bond, planting shall be established and growing on slopes with evidence of effective rodent control to minimize erosion and siltation. e) Prior to approval of the final map or issuance of a precise grading permit for builder level subdivisions and projects whichever occurs first, a declaration of covenants, conditions and restrictions provided for the development and maintenance of slopes and drainage shall be submitted to and approved by the Community Development Department and the City Attorney's office. A copy of the final documents shall be submitted to the Community Development Department after recordation. CC&R's shall include notification to future homeowners and purchasers of property 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 or purchaser(s) lot, and that the City of Tustin makes no claim, warranty or guarantee that views from any unit or lot will be preserved as development of surrounding properties occur. E. Preparation of a sedimentation and erosion control plan for all construction work related to the subject Tract including a method of control to prevent unreasonable dust and windblown earth problems. Erosion control methods acceptable to the City shall be required for conditions prior to and after construction of proposed storm drains. F . Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. Ge Written approval must be obtained from adjacent property owners for rights-of-entry for construction activity across lot lines. H ~ A precise grading permit shall be issued prior to issuance of any building permits within the subject tract. Resolution No. 2603 Exhi bi t A Page thirteen (1) 7.2 All earthwork shall be performed in accordance with the City of Tustin (3) Municipal Codes and grading requirements. (2) 7.3 Precise grading permits for builder level projects or subdivision maps shall {6) not be issued prior to completion of the lower Peter's Canyon Retarding Basin and outlet pipe between the Basin and the golf course. FIRE DEPARTMENT ti) 8.1 The subdivider shall comply with all requirements of the Orange County Fire {6) 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 wi th all requirements pertaining to construction. (1) 8.2 Prior to issuance of building permits for combustible construction, evidence (6) that adequate water supply and operational fire hydrants are available for {2) fire protection shall be submitted and approved by the Orange County Fire Marshal. The subdivider shall also submit water improvement plans for approval of the Fire Marshal. (1) 8.3 A minimum 1.25 acre fire facility/maintenance site shall be dedicated to the {6} City of Tustin shown as Lot 21 on Tract 13627 by separate written instrument. Said instrument shall be submitted to the City for recordation as deemed appropriate by the City. Exclusive use of 1 acre of the site shall be devoted to fire protection services in a size and configuration as determined by the City and the .25 acre portion of the site will be devoted to a City maintenance facility. The City shall prohibit obstructions within the fi re protection portion of the site as determined by the City and Fire Department approval will be needed for any site modification on this portion of the site such as speed bumps, control gates or changes in parking plans. MOISE (1) 9.1 Prior to the issuance of any building permits: (2) {3) A. A acoustical analysis report describing the necessary height of community walls and 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 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 in outdoor living 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. ~esolution No. 2603 -xhi bi t A ~age fourteen Be For any project that falls under the Browning Corridor, a complete noise study shall be conducted and submitted to the City for review. In addition to Community Noise Equivalency Levels (CNEL) said study provides information on single event noise measurements as generated by helicopter flyovers for information purposes only. {1) 9.2 Prior to issuance of any Certificates of Use or Occupancy, field testing in (3) accordance with the Title 25 regulations may be required by the Building (2) Official to verify compliance with STC and IIC design standards. (1) 9.3 All construction operations including engine warm up shall be subject to the {9) 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 wi th the Noise Ordinance and the public heal th and safety will not be impaired subject to application during progress of the work. TENANT/HOHEBUYER NOTIFICATION (1) 10.1 Prior to issuance of Certificates of Occupancy the subdivider shall: (2) A. Record a document separate from the deed which will be an information notice to future tenants/homebuyers of aircraft noise and roadway related noise impacting the subdivision. In the case of roadway related noise impacts, the notice shall further indicate that additional building upgrades may be necessary for roadway noise attenuation. This determination to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation on residential units. B · Submit to the Commu ni ty Development Department for review and approval, a copy of the approved aircraft/helicopter noise letter supplied by the Marine Corps. The noise letter shall contain, at minimum: 1. The location of any TET or helicopter flight paths over or in the vicinity of the proposed subdivision. 2. The distance of the project from runways in the vicinity. {1) 10.2 Subdivider shall notify all potential buyers of property within the tentative map limits of the following Assessment/Maintenance Districts affecting the property: A. Assessment District 86-2. B. City of Tustin 1982 Landscaping and Lighting District as amended. Resolution No. 2603 Exhi bi t A Page fifteen FEES (1) 11.1 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 excludin§ those financed by an Assessment --~,9) District. Where an Assessment District will only finance a portion of an improvement, the balance of the improvement plan check and inspection fees shall be paid by the subdivider. (1) 11.2 Prior to recordation of any final tract map, the Subdivider shall pay all {6) 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 86-2. (1) 11.3 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. Grading plan checks and permit fees to the Community Development Department. C. All applicable Building plan check and permit fees to the Community Development Department. D. New development fees to the Community Development Department. E. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. F. Civic Center, Fire Facility Equipment and Irvine Boulevard Development fees to the Community Development Department. G. Irvine Ranch Water District fees prior to approval of improvement plans. GENERAL · (1) 12.1 Within 24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance wi th 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. ~,esolu ti on No. 2603 -xhi bi t A 'age sixteen ',1) 12.2 Prior to issuance of building permits, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 12.3 Prior to final map approval. A. Subdivider shall submit a current title report. B. Subdivider shall be responsible for landscaping maintenance and ownership of all landscape lots until the responsibility for said lots is transferred to the adjoining property owners and/or Homeowner's Association. C · 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. D. Any well sites located within the tract boundaries that are to be removed shall be abandoned and removed per the standards of the State Health Department and all other applicable agencies {eg. Division of Oil and Gas). E. Annexation of the entire land area within Tract 13627 to the 1972 Lighting and Landscaping District. {1) 12.4 Subdivider shall conform to all applicable requirements of the State {9) Subdivision Map Act, the City's Subdivision Ordinance, the East Tustin Specifc (5) Plan and Development Agreement, EIR 85-2 (including its supplements and addendum), and applicable conditions for Final Map 13627. (1) 12.5 Building permits for development projects in Tract 13627 shall be issued only {5) in conformance with the approved development phasing plan outlined in the East Tustin Specific Plan Development Agreement. The cumulative number of residential units for which certificates of occupancy may be issued shall not exceed the number of units permitted by the cumulative total of square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. 12.6 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 Tract 13627 and all subsequent builder subdivision maps. 12.7 "As Built" grading, landscaping and improvement plans shall be submitted prior to Certificate of Acceptance of said improvements. 12.0 Building permits for development may not be issued upon any lot created by Tract 13627 until such time as subsequent project level subdivision maps are approved for individual lots as applicable unless no additional subdivision is desired or required pursuant to requirements of the Tustin Municipal Code Resolution No. 2603 Exhi bi t A Page seventeen and/or State Subdivision Map Act. Lots established by Tract 13627 may be further subdivided independent of each other. Building permits for uses on lots not to be further subdivided shall not be issued until design review of the facilities is completed. All subsequent subdivisions shall comply with conditions imposed on Tract 13627. 12.9 Prior to issuance of project level building permits or recordation of project level final maps, whichever occurs first, the subdivider shall provide for landscape maintenance and ownership of all lots to be responsiblity of adjoining property owners and/or homeowners association and any other lots on said Tract 13627 that are not to be maintained by the City oi~ Tustin Maintenance District. 12.10 Prior to occupancy of units within future builder level projects, the subdivider shall complete all public and private improvements conditioned by Tract 13627 as determined by the City Engineer and 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. CAS:per 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. ~._~ was duly passed and adopted at a regular ~:eting of the T~ustin Planning Commission, held on the ~~ day of~'~ , PENNI FOLEY Recording Secretary