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HomeMy WebLinkAboutPC RES 2465 1 2 3 4 5 6 8 9 10 111 13 1,5 IG 17 18 19 21 23 2~ 27 28 RESOLUTION NO. 2465 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING A SECTOR CONCEPT PLAN FOR SECTOR 12 OF THE EAST TUSTIN SPECIFIC PLAN AND RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 13274 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 Vesting Tentative Tract Map No. 13274 was submitted to the Planning Commission by Donahue Schriber representing The Irvine Company for consideration. B. That a public hearing was duly called, noticed and held for said map on January 11, 1988. C. That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan a Program EIR) and addendum have 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 development of Sector 12 (mixed use site). E. 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 13274 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 imposition of school facilities fees as a condition of approval of Vesting Tentative Tract Map 13274. F. That the site is physically suitable for the type of development proposed. Ge That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. H. That the design of the subdivision 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. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2465 Page two I. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. J. That pursuant to the East Tustin Specific Plan in conjunction wi th a subdivision map creating buildable parcels for subsequent development projects within the East Tustin Project Area a Sector Development Plan must be reviewed and approved by the Planning Comission; and K. That in conjunction with Tentative Tract Map No. 13274 a Sector Development Plan for Sector 12 of the East Tustin Specific Plan has been submitted for review and approval; and L. That the subject Sector Concept Plan includes all required i nformati on. II. The Planning Commission hereby approves a Sector Concept Plan for Sector 12 of the East Tustin Specific Plan subject to conditions attached hereto as Exhibit A and recommends to the City Council approval of Vesting Tentative Tract Map No. 13274 subject to the conditions attached hereto as Exhibit B. PASSED AND ADOPTED at a regu_l_Q.r meeting of the Tustin Planning Commission, held on the 11th day of January, 1988.. Chai rrna n Penni Fol ey~ ~/ Secretary EXHIBIT A SECTOR CONCEPT PLAN CONDITIONS OF APPROVAL SECTOR 12 1. Any subsequent submittals shall substantially conform with the Sector Concept Plan submitted and on file with the Department of Community Development unless herein modified or upon application and Planning Commission approval of a request for modi fi cati on. o Any subsequent development submittals for Parcel B shall take into consideration the possible need for a postal facility. e Site Plan and Design Review approval shall be required prior to development of any parcel shown on the Sector Concept Plan. EXHIBIT B VESTING TENTATIVE TRACT MAP 13274 RESOLUTION NO. 2465 CONDITIONS OF APPROVAL DONAHUE SCHRIBER January 11, 1988 1. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (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 fol 1 Dwi ng: (1) (6) 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 striping F. Landscaping/irrigation facilities G. Sanitary sewer service facilities to serve each buildable lot with an individual service H. Domestic water service facilities to serve each buildable lot with an i ndi vi dual servi ce 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 lighting M. Storm drains and subdrains N. Undergrounding of existing and proposed utility distribution lines O. Lot monumentati on P. Fire 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. The amount 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 BUILDING CODES (4) DESIGN REVIEW *** EXCEPTION (S) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY (9) OlllER MUNICIPAL CODE REQUIREMENT Resolution No. 2465 Exhibit B Page two {1) 1.2 All construction within a public right-of-way and/or public easement shall be {6) shown on a separate 24" X 36" plan with all construction referenced to applicable City, County or Irvine Ranch Water District standard drawing numbers. (1) 1.3 All changes in existing curbs, gutters, sidewalks and other public (6) improvements shall be responsibility of subdivider. (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 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 wi th City requirements in terms of type and quality of materials used. ** C. Placement of all above ground facilities, such as signing, street lights, fire hydrants shall be behind the sidewalk when said sidewalks are constructed adjacent to the curb within the public right-of-way. ** D. All public streets within or bordering this subdivision shall have all on-street parking prohibited. {1) 1.6 Any 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 Improvments. 1.7 Preparation of a hydrology and hydraulic study of the tributary area impacting the proposed development shall be prepared and submitted. Preparation of plans for and construction of all storm drain facilities as required by the City Engineer, Orange County EMA and Caltrans when applicable and pertaining to their facilities shall also be submitted. All such studies and plans shall be reviewed and approved by the appropriate responsible agency prior to Resolution No. 2465 Exhibit B Page three approval of the Final Map. 2. 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, sewer easements and water easements (6) defined and approved as to specific location by the City Engineer and other (8) responsible agencies. {6){2) (5) Ae All public streets requiring additional roadway dedication shall be so dedicated to the satisfaction of the City Engineer. These streets may include but not be limited to Tustin Ranch Road, Bryan Avenue, Jamboree Road, E1 Camino Real and Myford Road. All such dedications shall be shown on the final map. (6) B. Reciprocal access (vehicular, parking and pedestrian) easements between all lots created by Tract 13274 shall be noted on any final map. A separate document establishing such reciprocity shall be recorded and provided to the City prior to approval of the Final Map. (1)(6) C. The Browning Corridor Aviation Easement and the Ground Control Approach (2) Easement as outlined in the M. O. U. dated July, 1985 between U. S. M. C., City of Irvine and the City of Tustin, shall be delineated on the Final Tract Map. (2)(5)(6) D. Execute an irrevocable offer of dedication for that portion of Myford Road between E1 Camino Real and the Santa Ana {I-5) Freeway prior to issuance of building permits for Phase I and/or approval of the Final Map. {2)(5)(6) E. Dedication of all vehicular access rights to Tustin Ranch Road, Bryan Avenue, Jamboree Road, E1 Camino Real and Myford Road except at designated driveway openings as specifically approved by the City Engineer shall be noted on the Final Map. (6) F. The boundaries of lots 12 and 23 shall be adjusted to clear the 40 foot wide storm drain easement prior to issuance of building permits for Phase I, unless building footprints are outside of said easement, in which case these adjustments shall be made prior to approval of the Final Map. (2)(6) G. Verification by Caltrans that lots 25 and 27 provide adequate right-of-way for the planned widening of the Santa Ana Freeway adjacent to those lots is required prior to issuance of building permits for Phase I. Any necessary dedications required by Caltrans shall be shown on the final map. Resolution No. 2465 Exhi bi t B Page four 3. 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 $2,000 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 shall be obtained and applicable fees paid to the Public Works Department. 4. 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. Be Preparation and submittal of a grading plan subject to approval of the Department of Community Development delineating the following i nformati on i s requi red: 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. Resolution No. 2465 Exhi bi t B Page fi ve 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. 7. Note on plans that a qualified paleontologist/archealogist, as appropriate, shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archealologist subject to review and approval by the Department of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/archealogist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. 8. -Final street elevations at key locations. 9. Final pad or finish floor elevations, as applicable, and key elevations to be a minimum of 1.0 feet above the base flood elevation as defined by FEMA. ~All flood i;azaFd ~F~&~ of record_ (1) 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. (1) D. (6) 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 constuction 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. 5. FIRE DEPARTIqENT (1) 5.1 The subdivider shall comply with all requirements of the Orange County Fire (6) Marshall, 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 {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. ~,esolution No. 2465 ]xhi bi t B ~age si x NOISE 6.1 All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance wi th the Noise Ordinance and the public heal th and safety will not be impaired subject to application 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 18) 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. In the event of the sale of any of the lots within Tract 13274, CC&R's shall be prepared and recorded and shall include but not be limited to the following provisions: A. The City shall be included as a party to the CCR's for enforcement purposes. However, the City shall not be obligated to enforce the CCR's. B. Provision for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaping, common areas, walks and fences through a merchant's association or equivalent. Membership in said association shall be inseparable from ownership in individual lots. C. Architectural controls as submitted to the City and titled "Tustin Market Place Architectural Guidelines". D. Landscaping, including vegetation, irrigation systems, earth mounding and hardscape shall be installed as provided in the Development Plan and shall be permanently maintained in good, first-class condition; healthy, without deterioration; and free of waste and debris. City shall have the right to remedy any default and enter property and be reimbursed for the cost of such remedy. The Merchant's Association shall be responsible for maintenance of all landscaping with the exception of any Assessment District lots. E. Declarant, the Association, and all Owner{s) shall be required to maintain the property in good and first-class condition, and 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 Resolution No. 2465 Exhi bi t B Page seven such a condition of deterioration or disrepair causes harm or is materially detrimental to property or improvements within one thousand (1,000) feet of the property. F. Non-automotive vehicles, boats, trailers, or non-automotive storage shall not be allowed in any parking, driveway or private street area. G. Any construction repair, modification, or alteration of any buildings, equipment, structures, or improvements on the property subject to a building permit shall be subject to the approval of the Merchant's Association and the City of Tustin Community Development Department prior to building permit issuance. H. All utility services serving the site shall be installed and mai ntai ned underground. I. The declarant, the Association, and all Owner(s) shall be required to file the names, addresses, and telephone numbers of each member of the Association Board and/or the Manager for the project before January 1st of each year with the City of Tustin Community Development Department. J. No amendments to any CC & R's filed in conjunction with this project or development plan as it affects the items noted above shall be recorded without the prior approval of the City of Tustin Community Development Department. TENANT/BUYER NOTIFI(:ATION {1) 8.1 Subdivider shall notify all potential tenants and lot buyers of the following (6) Assessment/Mai ntenance Di stri cts: A. East Tustin Assessment District 85-1. B. City of Tustin 1982 Landscaping and Lighting District. C. Any future proposed East Tustin Assessment District impacting the subject subdivision. 9. 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. Resolution No. 2465 Exhi bi t B Page eight {1} g.3 Prior to issuance of any building permits for Phase I, II or III, payment shall be made of all required fees {per respective Phase) including: (3) (6) (9) A. Major thoroughfare and bridge fees pertaining to the Eastern/Foothill Transportation Corridors to Tustin 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 Comp any. G. Payment of all Assessment District No. 85-1 reapportionment costs or any future East Tustin Assessment Districts impacting the subject subdivision {as applicable) prior to recordation of Final Map will be required. Reapportionment includes recalculation from current acreage assessment to individual lot assessments. 10. 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 for Phase I, 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. ** 10.4 All on-going landscaping maintenance within the median islands along E1 Camino Real shall be the responsibility of the developer. (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 and EIR 85-2. (2) {1) 10.6 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. 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 ad. opted at~a-~regular meeting of the l~stin Planning Commission, held on the ////~ day of ~~z~ey_~ × . PENNI FOLEY Recording Secretary