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RESOLUTION NO. 2556
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN RECOMMENDING TO THE TUSTiN
CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP
NO. 13822
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 Tentative Tract Map No. 13822 was submitted to the Planning
Commission by Durfee Gardens, a California Limited Partnership.
B. That a public hearing was duly called, noticed and held for said
map on January 9, 1989.
C. That there are no significant impacts associated with the
subject project and a Negative Declaration has been prepared in
conformance with the requirements of the California
Environmental Quality Act.
D. That the proposed subdivision is in conformance with the Tustin
Area General Plan, Zoning Code for the R-1 District and
Subdivision Map Act as it pertains to the development of
single family dwellings.
E. That a parkland fee is required for this project in-lieu of
dedication of actual parkland.
F. That the site is physically suitable for the type of development
proposed.
G. That the site is physically suitable for the proposed density of
development.
H. That the design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife in their
habitat.
I. That the design of the subdivision and 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.
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Resolution No. 2556
Page two
K®
That the design of the subdivision and 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. 13822 subject to the conditions
attached hereto as Exhibits A and B.
PASSED AND ADOPTED at a regu~l~a~r meeting of the Tus~tin Planning Commission,
held on the 9th day of January, 1989.
Penni Foley,
Secretary
EXHIBIT A
TENTATIVE TRACT HAP 13822
RESOLUTION NO. 2556
CONDITIONS OF APPROVAL
PUBLIC/PRXVATE INFRASTRUCTURE IMPROVEHENTS
(1) 1.1 Prior to recordation of the final map, the Subdivider shall prepare plans for
(2) and construct or post security guaranteeing construction of all public and/or
(3) private, infrastructure improvements within the boundary of said tract map in
(4) 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. Traffic control devices
L. Street 1 i ghti ng
M. Undergrounding of existing and proposed utility distribution lines
N. Lot monumentati on
O. Fire hydrants (as deemed appropriate)
(1)
(4)
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.
__(1) 1.2 All construction within a public right-of-way and/or public easement shall be
(4) shown on a separate 24" X 36" plan with all construction referenced to
applicable City, County, or City of Tustin Water Service standard drawing
numbers.
(1) 1.3 All changes in existing curbs, gutters, sidewalks and other public
{3) improvements shall be responsibility of subdivider.
SOURCE CODES
(1) STANDARD CONDITION
(2) NEGATIVE DECLARATION MITIGATION
(3) UNIFORm! BUILDING CODES
(4) RESPONSIBLE AGENCY REQUIREMENT
*** EXCEPTION
(5) LANDSCAPING GUIDELINES
(6) PC/CC POLICY
(7) OTHER MUNICIPAL CODE REQUIREMENT
Resolution No. 2556
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) 1.4 All changes in existing curbs, gutters, sidewalks and other public
(4) improvements shall be responsibility of subdivider.
(1) 1.5 Preparation of plans for and construction of:
(3)
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.
(1) 1.6 Proposed public streets shall be designed to the following specifications:
(4)
A. All proposed streets shall be designed in substantially the same width
and alignment as shown on the approved tentative map unless modified and
approved by the Directors of Community Development and Public Works.
1} Public streets identified on the map shall be at least 40 ft. in
width from curb to curb. Maximum right-of-way of 60 ft. and a
cul-de-sac radii of 58' at curb face and shall include a 4 ft.
sidewalk, street trees in deep root control, and street lights.
B. All public {* and/or private) streets shall be constructed in accordance
with City requirements in terms of type and quality of materials used.
(1) 1.7 Annexation to the Tustin Landscape and Lighting District in July of 1989. The
City will require a letter from the property owner stating that he will not
protest said annexation. The developer shall provide notification of this
annexation to prospective buyers and obtain their consent to said annexation
as a condition of escrow. Verification of acceptance by buyers shall be
provided to the City.
(2) 1.8 Traffic signing shall be installed at the intersection of Norwood Park Place
and the new cul-de-sac, controlling vehicles turning onto Norwood Park Place,
subject to the review and approval of the City Traffic Engineer.
Resolution No. 2556
Exhibit A
Page three
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
(4) flood control right-of-way easements, vehicular access rights, sewer easements
---(,6) and water easements defined and approved as to specific location bi' the City
Engineer and other reasonable agencies.
CONS-rRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 3.1 Prior to recordation of the final map, subdivider shall post with the
(4) Community Development 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
{4} 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 from the Public Works Department.
GRADING/GENERAL
(1) 4.1 Prior to issuance of grading permits:
(2)
(4) 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
information:
1. Methods of drainage in accordance with all applicable City
standards.
2. All recommendations submitted by geotechnical or soils engineer and
spec.ifically 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
~solution No. 2556
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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.
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.
D. Submittal of a construction traffic routing plan to be reviewed and
approved by the Director of Public Works.
E. Written approval shall be obtained from adjacent property owners for
rights-of-entry for construction activity across lot lines.
4.2 All earthwork shall be performed in accordance with the City of Tustin
Municipal Codes and grading requirements.
Resolution No. 2556
Exhibit A
Page fi ve
FIRE DEPARTMENT
(1) 5.1 The subdivider shall comply with all requirements of the Orange County Fire
{4) 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 Distr. ict, and compliance
with all requirements pertaining to construction.
(1) 5.2 Prior to issuance of building permits for combustible construction, evidence
(4) 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 plens for
approval of Fire Marshal.
(1) 5.3 A construction phasing plan shall be submitted for review and approval by the
(4) Fire Chief for the evaluation of emergency vehicles access.
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
(7} provisions of the City of Tustin Noise Ordinance and shall take place only
~solution No. 2556
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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 If a Homeowner's Association is proposed prior to approval of the final map,
3) all organizational documents for the project including any deed restrictions,
6) covenants, conditions, and restrictions shall be submitted to and approved by
7} the Community Development Department and City Attorney's Office. Costs for
such review shall be borne by the subdivider. A copy of the final documents
shall be submitted to the Community Development Department after their
recordation. CCR's shall include but not be limited to the following
provisions:
A. Since the City is interested in protecting the public health and
safety and ensuring the quality and maintenance of common areas
under control of a 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 J. However, the City shall not be obligated to
enforce the CCR's.
B. The requirement that association bylaws be established.
C. Membership in any Homeowner's Association shall be inseparable from
ownership in individual lots.
D.
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 antenna.
E. 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.
Fe
Residents shall not store or park any non-motorized vehicles,
trailers or motorized vehicles that exceed 7 feet high, ? feet wide
and 19 feet long in any parking or driveway or 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.
Resolution No. 2556
Exhibit A
Page seven
G. All utility services serving the site shall be installed and
mai ntai ned underground.
H. 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.
I. Perimeter project block walls to be constructed on pri~ate 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.
J. 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.
FEES
(1) 8.1 Prior to recordation of any final map, Subdivider shall pay plan check and
__(3) inspection fees for all public and/or private infrastructure improvements
(4) within City's responsibility excluding those financed by an Assessment
(7) District.
(1) 8.2 Prior to issuance of any building permits, payment shall be made of all
(3) required fees including:
(4)
(7) A. Major thoroughfare and bridge fees to Tustin Public Works Department.
B. Sanitary sewer connection fee to Orange County Sanitation District.
=_solution No. 2556
xhi bi t A
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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 DeYe!~pment Department.
F ·
School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the Irvine
Company.
G. A fee in-lieu of dedication of parkland in the amount of $480.00 per
unit.
ENVIRONMENTAL
2) 9.1 The developer shall perform the following relating to the existing house on
the subject property:
·
Within 60 days of approval of the tentative map and prior to approval of
the final map the developer shall provide a report to the City listing
potential sites that the existing house could be moved to and/or
feasibility of relocating the house. Upon approval of a site by the
Community Development Department, the developer shall obtain the
necessary permits and move the existing house to said site, including
placement on a foundation and upgrading of all plumbing and electrical
wiring to current code standards. The developer may also solicit local
historical societies/organizations to assume ownership and responsibility
to relocate said house within the City or elsewhere in Orange County.
.
If no relocation sites are found within the City or elsewhere in Orange
County or if relocation is infeasible, the developer shall provide a
report to the Community Development Department documenting their efforts
to find a site or information that moving the structure is infeasible.
The Community Development Director may review the report with the City's
Cultural Resources Advisory Commission for an advisory recommendation
only. Upon acceptance of the report by thc Director of Community
Development, the developer shall provide a complete, detailed photo
survey and record of the subject house for the City's records. In the
event the report is not accepted, the Community Development Director may
request that additional steps or documentation be provided by the
applicant for review.
Resolution No. 2556
Exhibit A
Page ni ne
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 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 final map approval.
A. Subdivider shall submit a current title report.
B. 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) 10.4 Subdivider shall conform to all applicable requirements of the State
{7) Subdivision Map Act, the City's Subdivision Ordinance and the Negative
(2} Declaration for this project.
10.5 The applicant shall complete and submit on an Agreement to Conditions Imposed
Form prior to approval of the Final Map.
SR:ts:pef
EXHIBIT B
DESIGN REVIEW 88-41
CONDITIONS OF APPROVAL
RESOLUTION NO. 2556
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans for
the project date stamped January 3, 1989 on file wi th the Community
Development Department, as herein modified, or as modified by the Director of
Community Development Department in accordance with this Exhibit.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with prior to the issuance of any building permits for the project,
subject to review and approval by the Community Development Department.
{1) 1.3 Design review approval shall become null and void unless building permits are
issued within eighteen (18} months of the date on this Exhibit.
PLAN SUBM Il-rAL
2.1 At building plan check submittal:
(3) A.
Construction plans, structural calculations, and Title 24 energy
calculations. Requirements of the Uniform Building Codes, State Handicap
and Energy Requirements shall be complied with as approved by the
Building Official.
(2)
(3)
B. Preliminary technical detail and plans for all utility installations
including cable TV, telephone, gas, water and electricity. Additionally,
a note on plans shall be included stating that no field changes shall be
made without corrections submitted to and approved by the Building
Official.
(2)
(3)
C. Final grading and specifications consistent with the site plan and
landscaping plans and prepared by a registered civil engineer for
approval of the Community Development Department.
(2)
(3)
D. A precise soils engineering report provided by a soils engineer within
the previous twelve (12) months.
SOURCE CODES
(1) STANDARD CONDITION
(2) NEGATIVE DECLARATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(S) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibit B
Resolution No. 2556
Page two
(2)
(3)
E. A detailed acoustical noise study prepared by a qualified acoustical
expert shall be subject to review and approval by the Community
Development Department to insure that interior noise levels do not exceed
a maximum of 45 dBa's.
SITE AND BUILDING CONDITIONS
3.1 The site plan shall be modified as follows:
A. The unit plan for Lot 2 shall be redesigned to conform to the required 65
foot rear setback from the centerline of Yorba Street {pursuant to
Section 9271u of the Tustin City Code) and/or the developer shall perform
a lot line adjustment to accommodate said unit or obtain approval of a
variance.
3.2 Modify building elevations and proposed exterior materials as follows:
A. Provide exact details and exterior door and window types and treatments
(i.e., framing color glass tint).
B. Show all downspouts and gutters.
(1) 3.3 All exterior colors to be used shall be subject to review and approval of the
(4) Director of the Community Development Department. All exterior treatments
must be coordinated with regard to color, materials and detailing and noted on
submitted construction plans and elevations shall indicate all colors and
materials to be used.
(1) 3.4 Note on final plans that a six foot high chain linked fence shall be installed
around the site prior to building construction stages. Gated entrances shall
be permitted along the perimeter of the site for construction vehicles.
(1) 3.5 All mechanical and electrical and gas fixtures and equipment shall be
{4) adequately and decoratively screened. The screen shall be considered as an
element of the overall design of the project and shall blend with the
architectural design of buildings. All telephone and electrical boxes shall
be indicated on the building plans and shall be completely screened.
Electrical transformers {if any) shall be located toward the interior of the
project maintaining a sufficient distance from frontage of the project.
{1) 3.6 Submit detail for all on-site subdivision walls to be constructed by developer
{3) including patio block walls within interior of project wood fencing is not
{4} acceptable. Show type of wall cap and type of color and decorative treatment
of all exposed walls. Patio block walls which do not also serve as perimeter
walls for project shall be consistent with main building treatments. A
protective rail or guard must be installed on top of retaining walls where
Exhibit B
Resolution No. 2556
Page three
there is more than a thirty (30) inch drop. Check the building code and
provide details for such treatment. Provide wall/fence legend on site plan.
Maximum wall heights shall not exceed 6'8" as measured from the lowest
adjacent grade. The wall along the Yorba Street frontage may exceed 6'8" as
may be recommended in accoustical study.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(6) 4.1 Submit at plan check complete detailed landscaping and irrigation plans for
all landscaping areas consistent with adopted City of Tustin Landscaping and
Irrigation Submittal Requirements for the parkways. Provide summary table
applying indexing identification to plant materials in their actual location.
The plan and table must list botantical and common names, sizes, spacing,
actual location and quantity of the plant materials proposed. Show planting
and berming details, soil preparation, staking, etc. The irrigation plan
shall show location and control of backflow prevention devices, pipe size,
sprinkler type, spacing and coverage. Details for all equipment must be
provided. Show all property lines on the landscaping and irrigation plan,
public right-of-way areas, sidewalk widths, parkway areas, and wall
locations. The Department of Community Development may request minor
substitutions of plant materials or request additional sizing or quantity
materials during plan check. Note on landscaping plan that coverage of
landscaping irrigation materials is subject to field inspection at project
completion by the Department of Community Development.
4.2 Provide details, colors, and materials for all exterior walkways, stairs and
walls.
4.3 Indicate lighting scheme for project, note locations of all exterior lights
and types of fixtures, lights to be installed on building shall be a
decorative design. No lights shall be permitted which may create any glare or
have a negative impact on adjoining properties. The location and types of
lighting shall be subject to the approval of the Director of Community
Development.
{4) 4.4 Landscape plans shall address potential privacy impacts with adjacent parcels
through the use of trees planted adjacent to common property lines. Placement
and tree selection shall be determined with the review of detailed plans.
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. ~.~.~F+- was duly passed and adopted at~ regular meett,ng of
the Tustin Planning Commiss'ion, held on the ~7~ day of ~~..~. ,
198 ~ o // L,/
//'" ,
-PENNI FOLEY
Recording Secretary