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RESOLUTION riO. 2462
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF TENTATIVE TRACT MAP NO. 13161
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
That Tentative Tract Map No. 13161 was submitted to the Planning
Commission by LDM Development, Inc. for consideration.
That a public hearing was duly called, noticed and held for said
map.
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.
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 condominium units.
Eo
The 1.218 acre parkland required of this project was previously
dedicated with recordation of Tract 12763.
That the City has reviewed the status of 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 13161 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 13161.
That the site is physically suitable for the type of development
proposed.
II.
That the site is physically suitable for the proposed density of
development.
Resolution [~o.
Page two
2462
That the design of the subdivision or the proposed i~mrove~nts
are not likely to cause substantial environn~ntal dan~ge or
substantially and avoidably injure fish or wildlife in their
habitat.
7 ,]. That the design of the subdivision or the type of lmprovenmnts
i proposed will not conflict with easen~nts acquired by the
' m public-at-large, for access through or use of the property
~ i within the proposed subdivision.
That the design of the subdivision or the types of lr~rove~nts
proposed are not likely to cause serious puhltc health problems.
]]
II. The Planning Commission hereby recoK~nends to the City Council
approval of Tentative Tract Map !(o. 13161 subject to the conditions
attached hereto as Exhibit A.
Penni Foley,
Secretary
DASSE~I A'~,q ADOPTED ~t a regu.~ n~eting~ of the Tustin Planning Co~nission,
held on the 23rd day of November, 1987.
a y
Chairman
21
(1)
2)
3)
,6)
(i)
(6)
EXHIBIT A
TENTATIVE TRACT NAP 13161
RESOLUTION NO. 2462
CONDITIONS OF APPROVAL
LDM DEVELOPMENT
November 23, 1987
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
1.1
Prior to recordation of final map, the Subdivider shall prepare plans for and
construct or post security guaranteeing construction of all public and/or
private, infrastructure improvements within the boundary of said tract map in
conformance with applicable City standards, including but not limited to the
following:
A. Curb and gutter/cross gutters
B. Sidewalks including access facilities for physically handicapped persons
C. Drive aprons/approach
Street paving
£. Street signing and paving
F. Landscaping/irrigation facilities
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
Storm drains and subdratns
N. Undergroundtng of existing and proposed utility distribution lines
O. Lot monumentation
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
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LARDSCAPING GUIDELINES
(8) PC/CC POLICY
(9) OTHER MUNICIPAL CODE REQUIREMENT
Resolution t;o. 2462
£xhthtt A
Page two
(1) 1.2
(6)
(1) 1.3
(6)
(~) ~.4
(2)
(6)
(1)
(5)
(6)
(~)
(6)
(~,)
All construction within a public riqht-of-way and/or public easement must be
shown on a separate 24" X 36" plan with all construction referenced to
applicable City, County, Irvine Ranch Water District standard drawing numbers.
All changes in existing curbs, gutters, sidewalks and other public
improvements shall be responsibility of subdivider.
Preparation of plans for and construction of:
ao
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.
A domestic water system must be to the standards o~ the Irvtne Ranch
Water District/City of Tustin Water Service, whichever is applicable at
the time of plan preparation. I~provement plans shall also he reviewed
and approved by the Orange County :ire 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 I!oalth Department. Any
reeutred reclaimed water systems shall he to the standards as required by
the Irvtne Ranch Water District.
1.5 Proposed public streets shall be designed to the following specifications:
1.6
A. All proposed streets shall be designed in substantially the same width
and alignment as shown on the approved tentative map unless modi~ted and
approved by the Directors of Community Development and Public Works.
All public streets shall be constructed in accordance with City
recuirements in terms of type and oualtty of materials used.
C. Parking shall not he permitted on Heritage Way and Lagier 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.
E. Parking shall not be permitted along on-site private streets and private
drives unless in identified ~uest parking locations.
Private streets, storm drain, water & sewer improvement plans shall comply
with the "City of Tustin" Minimum Design Standards for on-site Private Street
and Stor~ Drain Improvments,
** 1.7 A pedestrian paseo shall be provided in proximity to Tusttn Ranch Road to meet
{6) Orange County Transit District reeuirements at the southwest portion of the
Resolution l(o. 2462
Exhibit A
Page three
(lB
(2)
(5)
(6)
(B)
(2)
(6)
(1)
(6)
(1)
(1)
(2)
(6)
project only in the event that perimeter security fencing is not required
along Lagier Way pursuant to Condition 3.5. The design and location of said
paseo shall be subject to approval of the Director of Community Development.
1.8 Landscape "A" and "B" shall be the responsibility of adjoining property owners
or Homeowner's Association of Tract 13161.
DEDICATIONS/RESERVATIONS/F_ASE)~ENTS
2.1
The subdivider shall satisfy dedication and/or reservation requirements as
applicable, including but not limited to dedication of all required street and
flood control right-of-way easements, vehicular access rights, sewer easements
and water easements defined and approved as to specific location by the City
Engineer and other reasonable agencies.
2.2
At the request of Pacific Bell Telephone Co.any an ease~nt should be
designated on the Tract Map showing their existing and proposed facilities on
the property. The subdivider or builder shall be responsible for reimbursing
the Company for any needed relocation of facilities, which may be required
during development.
2.3 Reciprocal access (vehicular, parking and pedestrian) easement between all
lots created by Tract 13161 shall be noted on any final mep.
CONSTRUCTION ACTIVITIES ~J)JACEI(T TO PUBLIC RIGI~F-OF-WAY
3.1
Prior to recordation of the Final map, subdivider shall post with the
Community Development Department a minimum $2,000 cash deposit or letter of
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 publtc streets, an additional
incremental deposit will be required.
3.2
Any damage done to existing street l,%~rove,,qents and utilities shal be repaired
before acceptance of the tract and/or issuance of a Certificate of Occupancy
for the development on any parcel within the subdivision.
3.3 Prior to any work in the public right-of-way, an Excavation Permit must he
obtained and applicable fees paid from the Public Works Department.
GRADING/GENERAL
4.1 Prior to issuance of grading permits:
A detailed soil engineering report shall be submitted to and approved by
the 3utlding Official conforming to the requirements of the Uniform
Building Code, City Grading Requirements, and all other applicable state
and local laws, regulations and requirements.
~,osolution I~o. 2462
'ixhibit A
)age four
',1) c.
(2)
(1)
'.6)
'.1) E.
Preparation
Department
information:
and submittal of a grading plan subject to approval of the
of Community Development delineating the following
I. Methods of drainage in accordance with all applicable City
standards.
2. All recommendations submitted by geotechnical or soil engineer an()
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 cor~ply 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 free 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 pending.
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 Cor~nuntty
Development Department approval of rough grading prior to final
clearance for foundations. The Depart..ment will inspect the site for
accuracy of elevations, slope gradients, otc. and may require
certification oF any grading related matter.
7. ~lote 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 Core, unity 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.
nreparation 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.
Submittal of a construction traffic routin!7 plan to be reviewed and
approved by the Director of ~ublic Works.
Written approval .must be obtained from adjacent property owners for
rights-of-entry for construction activity across lot lines.
Resolution r:o. 2462
£xhlblt A
Page five
(1) 4.2 All earthwork shall be performed in accordance with the City of Tusttn
(3) Municipal Codes and grading reeuirements.
(1) 4.3 Any grading and/or placement of fencing or block wall over Flood Control
(6) District easements shall reouire the removal of existing chatnltnk fence, a
permit from the Engineering/Public Works Department, and a permit from =lood
Control District (E~A).
(1)
(6)
(2)
(1)
(6)
(2)
FIRE DEPART)(ENT
5.1
5.2
The subdivider shall comply with all reouirements of the Orange County Fire
Marshall, including required fire flow, installation where reoutred of fire
hydrants subject to approval as to location hy the Fire Department, City of
Tusttn Public Works Department and Irvtne Ranch Water District, and compliance
with all requirements pertaining to construction.
(1) ~.3
Prior to issuance of building permits for combustible construction, evidence
that adequate water supply and operational fire hydrants are available for
fire protection shall he submitted and approved hy the Orange County Fire
Marshall. The subdivider shall also submit water improvement plans for
approval of Fire Marshal.
Loop roads, auto courts and stubs (all 28 feet or less in width) shall be
posted "No Parking - Fire Lane" and comely with the Uniform Fire Code Section
10.207.
(1) 5.4 A construction phasing plan shall be submitted for review and approval by the
{6) Fire Chief for the evaluation of emergency vehicles access.
(1)
(2)
(3)
NOISE
6.1 Prior to the issuance of any building permits:
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 he 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, wh(ch shall he 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 Ct(EL in
'esolution 2462
]xhibit A
:age six
1)
3)
'2)
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g)
.1)
3)
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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.
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 Con~nuntty Noise Equivalency Levels {CNEL) said s~udy provide
information on single event noise measurements as generated by helicopter
flyovers for information purposes only.
6.2
Prior to issuance of any Certificates of Use or Occupancy, field testing in
accordance with the Title 25 regulations ~y be required by the 2uilding
Official to verify compliance with STC and IIC design standards.
6.3
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., ~londay 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 ~de at the ti~ the permit for the
work is awarded or during progress of the work.
CCR'S
7.1
Prior to approval of the final map, all organizational documents for the
project including any deed restrictions, covenants, conditions, and
restrictions shall be submitted to and approved by the Community Development
Depar~nent and City Attorney's Office. Costs for such review shall be borne
by the subdivider. A copy of the final docun~nts shall be submitted to the
Community 9evelopment 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 CCR's for enforce~nt
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 incTuding
landscaping, common areas, walks and fences through a homeowner's
association or equivalent. ~embershtp in said association shall be
inseparable from ownership in individual lots.
C. Architectural controls which shall include but not be limited to
provisions regulating roof ~terials, exterior finishes, walls,
fences, lighting, landscaping, etc.
D. Landscaping, including vegetation, irrigation systems, and earth
mounting shall be installed on all landscaping lots as provided in
the Development Plan and shall be permanently n~intained in good,
Resolution tie. 2462
£xhibtt A
Page seven
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.
Homeowner's Association shall be responsible for maintenance on all
landscape and circulation lots with exception of the Assessment
District lots adjacent to Tusttn Ranch Road.
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
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. Any vehicle with a width in excess of 84 inches shall not be
allowed in any parking, driveway, or private street area except for
purpose of loading, unloading, making deliveries or emergency
repairs.
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
!lomeowners Association and the City of Tustln tone, unity Development
Department prior to building permit issuance.
H. All utility services serving the site shall be installed and
maintained 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 Tusttn Community
Development Department.
J. All owners shall be required to provide subsequent prospective
owners with disclosure information related to aircraft noise
impacting the subdivision.
K. Perimeter project block walls and fencing, shall be constructed on
private property. The exterior and structural integrity of the
walls shall be maintained by the Homeowners Association from
assessing a property owner for damage determined by the Board of
Directors to be the responsibility of a property owner.
L. No amendments to any CC & R's filed in conjunction with this project
or development plan shall be recorded without the prior approval of
the City of Tustin Community Development Department.
esolution ~;o. 2462
xhibit A
age eight
1)
2)
TE#ANT/HOMEBUYER NOTIFICATION
8.1 Prior to lss~Jance of CertiFicate of Occupancy:
A. A document separate from the deed which will be an information notice to
future tenants/homehuyers of aircraft noise impacting the subdivision.
The notice shall further indicate that additional building upgrades may
i)e necessary for noise attenuation. This determination to !)e ~de as
architectural drawings beco..qe available.
B. The Subdivider shall submit for review and approval of content h¥ the
Director of Community Development, a copy of rental/sales literature for
the residential i)roject 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 with a copy of tho 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 he approved by the 3tractor of Community Development
prior to circulation.
D. The developer shall provide the City with a schools notification
statement which shall be reviewed and approved by the Director of
Community Development and participation by the governing school district
which shall indicate:
1. The location of existing and proposed elementary, middle and high
schools which will serve the subdivision {text and map).
2. Advise to homebuyers that proposed school sites may never be
constructed.
E. The Subdivider shall provide the City with a statement which ~Jst be
signed hy 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 s~)ch 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) Assessment/qatntenance Districts:
A. Assessment district 85-1.
R. City of Tustin !982 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 i[nprovements
6) within City's responsibility excluding those financed by an Assessment
9) District.
Resolution I(o. 2462
Exhibit A
Page nine
(1) 9.2
(6)
1) 9.3
(3)
(6)
(g)
GENEPa~L
(1) 10.1
(1)
l) 10.3
Prior to issuance of certificates of use or occupancy, the Subdivider shall
pay all costs related to the calculation of the revised parcel asseSS,m"mnts,
the preparation of the revised assessment diagram and other required
administrative duties related to any Assessment Districts applicable to the
subdivision. (Assessment District 85-1).
Prior to issuance of any building permits, payment shall be made of all
required fees including:
A. Major thoroughfare and bridge fees 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 appllcahle Building plancheck and permit fees to the Community
Development Department.
£. New development fees to the Community Development Department.
F. School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the Irvine
Company.
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 Tusttn 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.
Prior to occupancy of units, the Subdivider shall record a final map in
conformance with appropriate tentative map.
Prior to Final ~4ap approval.
Subdivider shall submit a current title report.
Provision for landscaping maintenance and ownership of landscape lot "P"
along Lagter Way and Heritage Way, and all other lettered lots shall he
the responsibility of the adjoining property owners and/or )lomeowner's
Association of Tract 13161.
esolution 1;o. 2462
xhibit A
ajre ten
1) 10.4 Subdivider shall conform to all applicable requtre)~nts of the State
9) Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin
5) Specifc ~lan and Development Agreement, EIR 85-2, and applicable conditions
2) for Final ~(ap 12763.
i) lo.s
I) 10.6
5)
Subdivider shall submit a duplicate mylar of the Final :4ap, or 8 1/2
inch hy 11 inch transparency of each map sheet prior to final map approval and
"as built" grading, landscape and i mproveme, nt plans prior to certificate of
acceptance.
The cumulative number of residential units for which certificate of occupancy
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.
STATE OF CALIFORNIA )
COUNTY OF ORANGE }
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planing Commission of the City of Tusttn, California; that
Resolution No. ,.~w/~J. was duly passed and adopted at_.a ~egular meeting of
the Tustin Planning Commission, held on the ~Lk~fJay of ~I~/C~Z~_~_~.XL
9e'7.
Recording Secretary