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HomeMy WebLinkAboutPC RES 2584 5 6 8 9 10 11 12 13 14 15 17 19 21 22 23 24 25 26 27 28 RESOLUTION NO. 2584 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 13701 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 Tentative Tract Map No. 13701 was submitted to the Planning Commission by Akins Development 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 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 development of si ngl e family dwel lings. The 1.64 acre parkland required of this project 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 with subsequently adopted supplements and addenda, the impacts of Tentative Tract Map 13701 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 through the reservation of a high school site and elementary site in conjunction with Tentative Tract Map 12870, land imposition of school facilities fees as a condition of approval of Tentative Tract Map 13701. G. That the site is physically suitable for the type of development proposed. H. That the site is physically suitable for the proposed density of development. Resolution No. 2584 i 8 9 10 11 12 13 14 15 17 ~(~ ~3 ~4 ~7 '. Page two 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. J. That the design of the subdivision or the type of improvements proposed will not conflict with 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 Tentative Tract Map No. 13701 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTF~.at a regular~meetiDg of the Tustin Planning Commission, held on the 24th day of April, 1989. _ _ _, 1989. Cha i rma~ 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 Plapn~lng Commission of the City of Tusttn, California; that Resolution No. .~'~Y~' was duly passed and.adopted at a~regular' meeting of' the ~sttn Plannt'ng Commission, held on the ~9~ day of ~'~~. , PENNI FOLEY Recording Secretary EXHIBIT A TENTATIVE TRACT MAP 13701 RESOLUTION NO. 2584 CONDITIONS OF AJ~PROVAL PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 1.1 Prior to recordation of a final map or issuance of building permits, which ever occurs first,' the Subdivider shall prepare plans for and construct or (2) post security guaranteeing construction of all public and/or private, {3) infrastructure improvements within the boundary of said tract map in (6) conformance with applicable City standards, including but not limited to the fol 1 owl ng: A. Curb and gutter/cross gutters B. Sidewalks including access facilities for physically handicapped persons C. Drive aprons/approach D. Street pavin.c 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. Traffic signal systems and other traffic control devices L. Street and paseo lighting M. Storm drains and subdrains (* The storm drain facilities within this tract will be private drains to be maintained by homeowner's association} N. Undergrounding of existing and proposed utility distribution lines O. Lot monumentati on P. Fi re hydrants Q. Bus turnouts and other facilities such as bus benches in accordance with Orange County Transit Turnout Design Guidelines, subject to approval of City Engineer as to need and location. Approval from the Department of Community Development shall also be required on the actual architectural design on any installed bus stop improvement. OCTD shall require transit stops located at southbound Tustin Ranch Road/farside La Colina Drive and westbound Irvine Boulevard/farside Tustin Ranch Road. (6) Plans and the amount of acceptable security for construction of public improvements shall be reviewed and approved by the Public Works Department. Plans and the amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. (1) 1.2 All construction within a public right-of-way and/or public easement shall be SOURCE CODES (1) STANDARD CONDITION (2) EIR MITIGATION (3) UNIFORM BUILDING CODES (4} DESIGN REVIEW *** EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) I_ANDSCAP ING GUIDELINES (8) PC/CC POLICY (9) OTHER MUNICIPAL CODE REQUIREMENT Resolution No. 2584 Exhibit A Page two (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. {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. (1) 1.5 Proposed 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. 1) Public streets identified on the map as "A" Street shall be at least 40 ft. in width from curb to curb, with a maximum right-of-way of 56-60 ft. per City standard, and shall include a 5 ft. sidewalk, street trees at 40 ft. intervals in deep root control boxes, and street lights at 200 ft. intervals. Decorative paving shall not be permitted within "A" Street right-of-way. 2) Private streets identified as "B" Street shall be at least 64 ft. in width from curb to curb, with a maximum right-of-way of 74 ft., and shall include a 5 ft. sidewalk, street trees as indicated on plans, and street lights as indicated on lighting plans. 3) Private streets identified as "C - N" Streets shall be at least 36 ft. in width from curb to curb, with a maximum right-of-way of 46 ft., and shall include a 5 ft. sidewalk, street trees as indicated on plans, and street lights as indicated on lighting plans. ~solution No. 2554 xhibi t A age three B · All public streets shall be constructed in accordance with City requirements in terms of type and quality of materials used. ** C. 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 will be permitted in required front yard setback areas. 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 Prior to final map approval, a list of proposed street names shall be submitted for approval of the Street Naming Committee. ** 1.8 Pedestrian paseos and secondary emergency access lots shall be provided along 6) Tustin Ranch Road on Lot C and La Colina Drive (Lot F). The design of said lots shall be subject to approval of the Director of Community Development, Orange County Fire Department, and Tustin Police Department. i** 1.9 Prior to final map approval, provide written confirmation from Orange County EMA with respect to the closure of Rainbow Drive and Shelterwood Road and it's dead end treatment and the lack of necessity for a cul-de-sac turnaround. In the event modifications to the map are needed to reflect EMA concerns, the Community Development Department and Public Works Department may approve such modi fi cations. 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 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. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY 1) 3.1 Prior to recordation of the final map, subdivider shall post with the 2) Community Development Department a minimum $2,500 cash deposit or letter of 6) 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. Resolution No. 2584 Exhibit A Page four (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) '-%) 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 delineating the following i nformati on: 1. Methods of drainage in accordance wi th 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 hydrology and hydraulic study and calculations to comply with the fol 1 owl ng 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. d. Provision for contributory drainage from adjoining properties. 5. All flood hazard areas of record. 6. 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 will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. e Note on plans that a qualified paleontologist/archealogist, as appropriate shall be present at a pre-grading contractor conference to provide information to the grading contractor about what to look for during rough grading operations that might indicate the presence of paleontogical or archealogical resources. If resources are found, work shal 1 stop in the affected area the Resolu%ion Nc. 2584 Exhi bi t A Page fi ve paleonlo§ist/archealogist shall be notified 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 explained. Preparation of a final grading plan showing all pertinent elevations as they pertain to the public rights-of-way. Ce 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. Subdivider shall provide masonry walls between individual units of the project as required by Condition 3.6 of Exhibit A of Planning Commission Resolution No. 2583. F. Written approval shall be obtained from adjacent property owners for rights-of-entry for construction activity that is proposed across lot lines. Letters from existing homeowners agreeing to construction of block wall will be required where a joint property line wall will be constructed on joint property lines. Said agreements shall be provided prior to issuance of grading permits. G, Copies of the existing residential wall program homeowner's agreements shall be provided to the Community Development Department prior to issuance of grading permits. (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 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 Chief. The subdivider shall also submit water improvement plans for approval of Fire Chief. {1} 5.2 A construction phasing plan snell be submitted for review and approval by the (6) Fire Chief for the evaluation of emergency vehicles access prior to issuance of building permits. Resolution No. 2584 Exhibit A Page si x (1) 5.3 Prior to the recordation of a final tract map or issuance of building permits; (6) water improvement plans shall be submitted to and approved by the Fire Chief (2) for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design including fire flow, location of values, and the Services Office suggested standards contained in the "Grading Schedule" for r, lunicipal Fire Protection. 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. 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 Resolution No. 2584 Exhibit A Page seven Community Development Department after their recordation. CCR's shall include but not be limited to the following provisions: A. Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of a 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 D. However, the City shall not be obligated to enforce the CCF.'s. B. The requirement that association bylaws be established. Ce 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 lots along "A" Street shall be the responsibility of the Homeowner's Associaticn), 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 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, trellises, 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 damage to sidewalks, driveways and structures. Resolution No. 2584 Exhibit A Page eight (2) All private roadways, sidewalks and paseo shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel ways should be removed or repai red 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. 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, All utility services serving the site shall be installed and maintained underground. J. 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 wi th 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. K. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. Resolution No. 2584 --xhlbi t A rage ni ne L. 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. M. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall (incluoe if the wall is located on private property) or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. TENANT/HOHEBUYER 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 Resolution No. 2584 Exhibit A Page ten which shall indicate: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision {text and map). (2) Advise to homebuyers that proposed school sites may never be constructed. E. The Subdivider shall provide the City with a statement which shall be 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 No. 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 Assessment District No. 86-2. (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 No. 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 pcsolution No. 2584 Exhibit A Page eleven any agreement reached and executed betv;een the District and the Irvine Compa ny. G. East Tustin Facility fees as follows: 1) Civic Center expansion fee of $75,454. 2) lrvine Boulevard Widening fee of $7,809. 3) Fire Protection Agency fee of $51,302. GENERAL · (1) 10.1 Within 24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin ~lunicipal 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 wi th appropriate tentative map. (6) 10.3 Prior to occupancy of any units and because the project is a phased project, subdivider shall complete all public and private improvements as determined by the City Engineer and Community Development Department Director to be necessary for the public health and safety and construction which is a necessary 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. Provision for landscaping maintenance and ownership of all landscape lots along all lettered lots including those adjacent to public street "A" and private streets 'B' and 'K' (Lot 6, H, I, and J), shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 13701. 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 the East Tustin {5) Specifc Plan and Development Agreement, EIR 85-2, and applicable conditions pcsolution No. 2584 Exhibit A Page twelve (2) for Final 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. (1) 10.7 Prior to release of building permits all applicable conditions of approval of Tentative Tract 13701 and Design Review 88-45 or the subject project shall be complied 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. (1) 10.8 As applicable, conditions of previously approved Tract Map No. 12570 apply to {2) Tract 13701 and more particularly, the restriction of no building permit issuance until Lower Peter's Canyon Retarding Basin is operational. (4) 10.9 Any future uses or improvements proposed for Lot "K" shall be subject to {6) design review approval by the Community Development Department pursuant to the provisions of the East Tustin Specific Plan.