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HomeMy WebLinkAboutPC RES 2587 7 8 9 10 11 12 13 14 15 17 19 ~3 24 25 ~6 27 RESOLUTION NO. 2587 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 13796. The Planning Commission of the City of Tustin does hereby resolve as fol 1 ow s: I. The Planning Commission finds and determines as follows: A. That Vesting Tentative Tract Map No. 13796 was submitted to the Planning Commission by the Bren Company for consideration. B. That a public hearing was duly called, noticed and held for said map on April 24, 1989. C. 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 .91 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 13796 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 habitat. 2 3 4 5 6 8 9 10 11 12 13 15 ,, 17 21 22 23 24 25 26 27 28 Resolution No. 2587 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 the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map 13796, subject to the conditions contained in Exhibit A, attached hereto. hePASSED1 d on ANDthe ADOPTED on the 24th day of April, 1989. Chairman Penni Foley Secretary 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. ~S~'~ was duly passed and adopted at a.q-egul, ar.' meeting ofI the Tustin Planning Commission, held on the ~~day of ~'~ , 198 ~. PENNI FOLEY Recording Secretary EXHIBIT A TENTATIVE TRACT HAP 13796 RESOLUTION NO. 2587 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEINENTS (1) 1.1 Prior to recordation of a final 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 ---~) conformance with applicable City standards, including but not limited to the following: 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 and paving 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 monumentati on O. Fi re hydrants P. Secondary emergency access road (1) (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 i~rovements subject to approval by the Public Works Department; plans for private improvements subject to approval of the Building Official. (1) 1.2 All construction within a public right-of-ways and/or public easements shall (6) be shown on a separate 24" X 36" plan with all construction referenced to applicable City, County, or Irvine Ranch Water District standard drawing numbers. 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 (8) PC/CC POLICY (9) OTHER F~UNICIPAL CODE REQUIREMENT ,es:.'iution No. 2587 xhiblt A age 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 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 shall 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. C. All private streets shall be constructed in accordance with City requirements in terms of type and quality of materials used. De 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 within 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. D£DICATIONS/RESERVATIONS/EASF. MENTS 11) 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 f, 5) flood control right-of-way easements, vehicular access rights, sewer easements 16) and water easements defined and approved as to specific location by the City ]8) Engineer and other reasonable agencies. 16) 2.2 The applicant shall obtain and record an ingress/egress easement for purposes of emergency access from the I rvine Company over portions of the golf course to the satisfaction of the City Engineer and the Fire Department. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY 3.1 Prior to recordation of the final map, subdivider shall post with the Resolution No. 2587 Exhibit A Page three (2) (6) 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 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 owl ng i nformati on: 1. Methods of drainage in accordance with all applicable City standards. 2. All recommendations submitted by geotechnical or soils engineer and specifically approved by them. 3. Co~liance with conceptual grading shown on tentative tract map. 4. A drainage plan and necessary support documents including a precise hydraulic study and hydrology calculations to comply with the following requirements: a. Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow and ponding. c. Provision of drainage facilities to protect the lots from any high velocity scouring action. esolution No. 2587 xhibi t A age 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 to prevent dust and windblown earth problems. De 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. 11) 4.2 All earthwork shall be performed in accordance with the City of Tustin 13) Municipal Codes and grading requirements. FIRE DEPARTMENT (1) 5.1 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 with all requirements pertaining to construction. (1) 5.2 Prior to issuance of building permits for combustible construction, evidence {6) that adequate water supply and operational fire hydrants are available for 12) fire protection shall be submitted and approved by the Orange County Fire Marshal. The subdivider shall also submit water improvement plans for approval by the Fire Marshal. (1) 5.3 A construction phasing plan shall be submitted for review and approval by the {6) Fire Chief for the evaluation of emergency vehicles access, prior to issuance of Building Permits. NOISE (1) 6.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval 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. Resolution No. 2587 Exhibit A Page fi ve 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. (1) 6.2 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) 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 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. 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 to 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 Department after their recordation. CCR's shall include ..... but not be limited to the following provisions: Ae 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 O. However, the City shall not be obligated to enforce the CCR's. B. The requirement that association bylaws be established. Co 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 Gallery Way shall be the responsibility of the Homeowner's Association), recreation areas, pools and spas, private parks (a separate CC&R document or addendum to the Homeowner's Association CC&R's for this project must address maintenance responsibility for esolution No. 2587 xhibit A age si x private park proposed on Lot 31 of Tract 12870), 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 lots. 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 below: (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 dama§e 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 health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within the boundaries of the subdivision and Homeowner's Association, to surrounding property, or to property or improvements within three hundred (300) feet of the property may also be added as alternative language. Resolution No. 2587 Exhi bi t A Page seven 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 high, 7 feet wide 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 the 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 occurs. J. A total of 216 parking spaces shall be permanently and irrevocably assigned to individual condominium units at a rate of two parking spaces per unit. An additional 72 guest parking spaces shall be established and maintained within the common area and shall be marked and used for guest parking. Ke Condominium units shall not have separate external television and radio antennas. 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 mai ntai ned 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 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. N. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. Resolution No. 2587 Exh'~bi t A Page eight O. Perimeter Froject 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. Pe 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 the City of Tustin Community Development Department. 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 with the approved aircraft/helicopter noise statement and the approved schools notification statement, 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 signed 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. 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). Resolution No. 2587 Exhibit A Page ni ne (2) Advice to homebuyers that proposed school sites may never be constructed. 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. (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 (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) District. (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. 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. Resolution No. 2587 Exhibit A Pa§e ten Ge Payment of East Tustin Facility Fees as follows or as adjusted for inflation pursuant to existing Fee Resolution: ® $2,800 for Irvine Boulevard widening ~¢18,389 for Fire Facility and Equipment $27,046 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 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 13796. Ce 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 and "as built" grading, landscape and improvement plans prior to certificate of acceptance. (1) 10.5 Subdivider shall conform to all applicable requirements of the State {9) Subdivision Map Act, the City's Subdivision Ordinance, in East Tustin Specifc {5) Plan and Development Agreement, EIR 85-2, and applicable conditions for Final (2) Map 12870. !1) 10.6 The cumulative number of residential units for which certificate of occupancy {5) may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. Resolution No. 2587 Exhi bi t A Page eleven 10.7 All applicable conditions of previously approved 12870 shall apply to Tract 13796, particularly the restriction that no Building Permit shall be issued until the Lower Peter's Canyon Retaining Basin is operational. 10.8 Prior to release of building permits, all applicable conditions of approval of Tentative Tract Map 13796 and Design Review 88-51 shall be comjlied with. However, applicant will be permitted to obtain 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 Department. 10.9 ICR documents and homeowner notification shall include information of the golf course easement currently impacting property. 10.10 The applicant shall sign and return an Agreement to Conditions Imposed form prior to the issuance of any permits.