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RESOLUTION NO. 2498
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 13096
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. 13096 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.
C. That an Environmental Impact Report (EIR 85-2 for the East
Tusttn Specific Plan with all supplements and addendums) 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 Tusttn Specific Plan,
Development Agreement and Subdivision Map Act as it pertains to
the development of condominium units.
E.
The 1.564 acre parkland required of this project was previously
dedicated with recordation of Tract 12763.
F.
That the City has reviewed the School Facilities Agreement
between The Irvine Company and the Tusttn Unified School
District, the East Tustin Specific Plan, EIR 85-2, the impacts
of Tentative Tract Map 13096 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 12763, and imposition of school facilities fees as a
condition of approval of Tentative Tract Map 13096.
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.
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Resolution No. 2498
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 tnjure fish or wildlife in their
habt tat.
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 Tentative Tract Map No. 13096 subject to the conditions
attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular m_eeting of the Tustin Planning Commission,
held on the 23rd day of May, 1988.
Chairman
-Penni Foley,- ~
Secretary
EXHIBIT A
TENTATIVE TRACT MAP 13096
RESOLUTION NO. 2498
CONDITIONS OF APPROVAL
THE BREN COMPANY
May 23, 1988
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEJqENTS
(1) 1.1 Prior to recordation of final map, the Subdivider shall prepare plans for and
{2) construct or post security guaranteeing construction of all public and/or
{3) private, infrastructure improvements within the boundary of said tract map in
(6) 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 signal systems and other traffic control devices
L. Street and paseo lighting
M. Storm drains and subdrains
N. Undergrounding of existing and proposed utility distribution lines
O. Lot inonumentation
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.
(1)
(6)
The amouflt of acceptable security for construction of public improvements
shall be reviewed and approved by the Public Work Department. The amount and
acceptable security for private improvements shall be reviewed and approved by
the Building Official.
SOURCE CODES
(1) STANDARD CONDITION
(2) EIR MITIGATION
(3) UNIFORM BUILOING COOES
(4) DESIGN REVIEW
*** EXCEPTION
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC POLICY
(9) OTHER MUNICIPAL CODE REQUIREMENT
Resolution No. 2498
Exhibit A
Page two
(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, Irvine Ranch Water District standard drawing numbers.
___Il) 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 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 Tusttn 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 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 tentative map unless modified and
approved by the Directors of Community Development and Public Works.
B. All public streets shall be constructed in accordance with City
requirements in terms of type and quality of materials used.
C. Parking shall not be permitted on Heritage Way.
** D. Placement of all above ground facilities, such as signing, street lights,
fire hydrants shall be behind the sidewalk when said sidewalks are
constructed adjacent to the curb within the public right-of-way or on
pti rate streets.
** E. Parking shall not be permitted along on-site private streets and private
drives unless in identified guest parking locations.
** F. Signage shall be installed north of secondary project access to
discourage pedestrian crossing along Heritage Way. Approval of signage
location and design subject to approval of Public Works Director.
** G. Parking not to be permitted on Myford Road subject to final approval of
City Engi neet.
** H. Right-of-way design immediately opposite on-site paseos shall incorporate
a design separation (such as bollards) from street to discourage bicycle
riders from traveling from on-site paseos directly into a public
ri ght-of-way.
(1) 1.6 Private streets, storm drain, water & sewer improvement plans shall comply
Resolution No. 2498
Exhl bi t A
Page three
(6)
(8)
with the "City of Tustln" Minimum Design Standards for on-site Private Street
and Storm Drain Improvments.
(1) 1.7 Note 11 shall be revised to include American Cablevision.
(9)
DEDICATIONS/RESERVATIONS/EASEI~ENTS
(1) 2.1 The subdivider shall satisfy dedication and/or reservation requirements as
(2) applicable, including but not limited to dedication of all required street and
(5) flood control right-of-way easements, vehicular access rights, sewer easements
(6) and water easements defined and approved as to specific location by the City
(8) Engineer and other reasonable agencies.
(6) 2.2 An easement should be designated on the Tract Map showing their existing and
proposed telephone facilities on the property. The subdivider or builder
shall be responsible for reimbursing the Pacific Bell Company for any needed
relocation of facilities, which may be required during development.
(1) 2.3 Reciprocal access (vehicular, parking and pedestrian) easement between all
lots created by Tract 13096 shall be noted on any final map.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-NAY
(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 cleanup 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 must be
obtained and applicable fees paid from 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.
{1) B. Preparation and submittal of a grading plan subject to approval of the
Resolution No. 2498
Exhi bi t A
Page four
(2)
(3)
Department of Commu nt ty Development del I neattng the fol 1 owtng
information:
1. Methods of drainage in accordance with all applicable City
standards.
2. All recommendations submitted by geotechnical or soil 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.
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 ftnal
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.
7. Final street elevations at key locations.
8. Final pad/finished floor elevations and key elevations for all site
grading. All pad elevations to be a minimum of 1.0 feet above base
flood elevation as defined by FEMA.
9. All flood hazards of record.
ti) c.
(2)
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.
(6)
D. Submittal of a construction traffic routing plan to be reviewed and
approved by the Director of Public Works.
(1) E.
Written approval must be obtained from adjacent property owners for
rights-of-entry for construction activity across lot lines.
(1) 4.2 All earthwork shall be performed in accordance with the City of Tustin
(3) Municipal Codes and grading requirements.
FIRE DEPARTMENT
(1) 5.1 The subdivider shall comply with all requirements of the Orange County Fire
Resolution No. 2498
Exhibit A
Page fi ve
(6)
(2)
Marshal, including required fire flow, installation where required of fire
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
(2) fire protection shall be submitted and approved by the Orange County Fire
Marshall. The subdivider shall also submit water improvement plans for
approval of Fire Marshal.
(1) 5.3 Loop roads, auto courts and stubs (all 28 feet or less in width) shall be
posted "No Parking - Fire Lane" and comply with the Uniform Fire Code Section
10.207.
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
the 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.
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 provide
information on single event noise measurements as generated by helicopter
flyovers for information purposes only.
(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
Resolution 2498
Exhi bi t A
Page si x
(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:
A. The City shall be included as a party to the CC&R's for enforcement
purposes of those CC&R provisions in which the City has interest, as
reflected by the following B through N. However, the City shall not
be obligated to enforce the CC&R' s.
B. The requirement that association by-laws be established.
C,
Provisions for effective establishment, operation, management, use,
repair and maintenance of all common areas and facilities including
landscaped areas and lots, recreation areas, pools and spas, private
parks, walls and fences, private roadways (i.e., walks, sidewalks,
trails) and paseos. Membership in said 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
trellises, gazebos, awnings, room additions, exterior mechanical
equipment, television and radio antennae.
E®
Maintenance standards shall be provided for applicable items listed
in Section C above in CC&R'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
Resolution 2498
Exhibit A
Page seven
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 and driveways.
(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.
F. 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 CC&R's.
G. Residents shall not store or park any trailers, non-motorized
vehicles or motorized vehicles that exceed 7 feet high, 7 feet wide
and 19 feet long 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 for hardship purposes
{include no parking of any kind where there are driveways that are
between 9 and 15 feet in length.
H. 474 parking spaces shall be permanently and irrevocably assigned to
individual condominium units at the rate specified in the Medium
High Density Residential District in the East Tustin Specific Plan.
Additional 95 guest parking spaces shall be establised and
maintained within the common area and shall be marked and used for
guest parking only.
I. Condominium units shall not have separate external television and
radio antennae. Either a central antenna shall be provided with
Resolution 2498
Exhibit A
Page eight
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.
J. All utility services ~erving the site shall be installed and
maintained underground.
K. 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 r)epartment
for tile purpose of contacting the association in the case of
emergency or in those cases where the City has an interest in CC&R
violations.
L. Disclosure information related to aircraft noise impacting tile
subdivision, as approved by the City of Tustin Community Development
Department.
M. 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.
N. No amendment to alter, modify, terminate or change the Homeowner's
Association's obligation to maintain the common areas and the
project perimeter wall (include 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/HOIIEBUYER NOTIFICATION
_ _
(1) 8.1 Prior to issuance of Certificate of Occupancy:
(2)
A. A doculnent 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.
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
Resolution No. 2498
Exhibit A
Page ni ne
statement and the approved schools notification statement, printed on
it. Any changes to the rental/sales literature after initial City
approval shall De 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 must 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 Developfnent
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).
2. Advise to homebuyers that proposed school sites may never be
constructed.
E. The Subdivider shall provide the City with a statement which must 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 such as the
neighborhood park and proposed elementary school adjacent to proposed
project to the east.
(1) 8.2 Subdivider shall notify all potential home buyers of the following
(6) As sessment/Mai ntenance Di stri cts:
A. Assessment District 85-1.
B. City of Tustin 1982 Landscaping and Lighting District.
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 oti]er required
administrative duties related to any Assessment Districts applicable to the
subdivision. (Assessment District 85-1).
Resolution No. 2498
Exhibit A
Page ten
(3)
(6)
~9)
(1) 9.3 Prior to issuance of any building permits, payment shall be made of all
required fees including:
A. Major thoroughfare and bridge fees to Tustln Public Works Department.
B. Sanitary sewer connection fee to Orange County Sanitation District.
C. Grading planchecks and permit fees to the Community Development
Department.
D. All applicable Building plancheck 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
Compa ny.
GENERAL
(1) 10.1 Within twenty-four 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 Final Map approval:
A. Subdivider shall submit a current title report.
B. Provision for landscaping maintenance and ownership of all landscape lots
along Myford Road and Heritage Way, and all interior landscape lots shall
be the responsibility of the Homeowner's Association of Tract 13096.
Lot H along Bryan Avenue shall be the responsibility of the Landscape
Maintenance District.
(1) 10.4 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
(2) for Final Map 12763.
(1) 10.5 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) 10.6 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. 2498
Exhibi ~ A
Page el even
*** 10.7 A wall/fence will be required along tile westerly right-of-way line of Heritage
Way. Landscape lot between the driveway and a point easterly of Iilyford Road
should be so located to provide maximum visibility to existing motorists from
the driveway.
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 ~dopted at a_ regular meeting o~
the Tustin Planning Commission, held on the ~)~ day of ~~
198~ .
Recording Secretary