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RESOLUTION NO. 2459
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF VESTING TENTATIVE MAP NO. 13106
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 Map No. 13106 was submitted to the
Planning Commission by Hunsaker & Assoc. on behalf of the
Fieldstone Co., 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
Tustin Specific Plan) has been certified in conformance with the
requirements of California Environmental Quality Act for the
subject project area.
D. That the proposed subdivision is in conformance with the Tustin
Area General Plan, adopted East Tustin Specific Plan,
Development Agreement and Subdivision Map Act as it pertains to
the development of single family dwellings.
E. The .924 acre parkland required of this project was previously
dedicated with recordation of Tract 12763.
F. That the City has reviewed the status of the School Facilities
Agreement between The Irvine Company and the Tustin Unified
School District, the East Tustin Specific Plan, EIR 85-2, the
impacts of Vesting Tentative Map 13106 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 Vesting
Tentative Map 13106.
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. 2459
Page two
I. That the design of the subdivision or the proposed improvements
are not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife in their
habitat.
J. That the design of the subdivision or the type of improvements
proposed will not conflict with easements acquired by the
public-at-large, for access through or use of the property
within the proposed subdivision.
K. That the design of the subdivision or the types of improvements
proposed are not likely to cause serious public health problems.
II. The Planning Commission hereby recommends to the City Council
approval of Vesting Tentative Map No. 13106 subject to the conditions
attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 23rd of November, 1987..
Penni Fo1 ~y,
ISecretary
Kbthy Wei ~, '
Chairman
EXHIBIT A
VESTING TENTATIVE TRACT I~UkP 13106
RESOLEr~ION NO. 2459
CONDITIONS OF APPROVAL
(FIELDSTONE PROJECT)
November 23, 1987
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
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 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.
1)
~6)
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.
(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.
SOURCE CODES
(1) STANDARD CONDITION
(2) EIR MITIGATION
(3) UNIFOR~ BUILDING CODES
(4) DESIGM REV I EW
*** EXCEPTION
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC POLICY
(9) OTHER MUNICIPAL CODE REQUIREMENT
esolution No. 2459
xhi bi t A
age two
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 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 al so 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 vesting 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. Parking shall not be permitted on Lagier and 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.
* E. Parking shall not be permitted along on-site private streets and private
drives unless in identified guest parking locations.
1) 1.6 Private streets, storm drain, water & sewer improvement plans shall comply
6) with the "City of Tustin" Minimum Design Standards for on-site Private Street
8) and Storm Dratn I~rovments.
* 1.7 Alternative solutions for the design of private and public storm drain
5) connections on lot 10, shall be submitted for review and approval of City
Engineer and all other responsible agencies prior to approval of final map.
* 1.8 A pedestrian paseo shall be provided along Tustin Ranch Road to meet Orange
5) County Transit District requirements at the southwest portion of the project.
The design and location of said paseo shall be subject to approval of the
Director of Community Development.
Resolution No. 2459
Exhi bi t A
Page three
DED!CAT!ONS/RESERVATIONS/EASEMENTS
(1) 2.1 The subdivider shall satisfy dedication and/or reservation requirements as
__(2) applicable, including but not limited to dedication of all required street and
',5) flood control right-of-way easements, vehicular access rights, sewer easements
[6) and water easements defined and approved as to specific location by the City
~8) Engineer and other reasonable agencies.
** 2.2 In the event an alternative easement location for a private and public storm
{6) drain connection on Lot 10 is needed, the arterial modification of said
easements shall be subject to the approval of City Engineer prior to final map
approval.
(6) 2.3 Easement across Lot "T" shall be granted to the City for sidewalks and
** landscape maintenance purposes. Provide correct dimensions of easement on
working drawings and final map.
** 2.4 At the request of Pacific Bell Telephone Company an easement should be
{6) 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.
(5) 2.5 Correct note #12 -- Parkland Dedication requirement for the project is .924
** acres.
CONSll~UCTION ACTIVITIES AOJACENT 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 shal be repaired
{6) 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.
Resolution No. 2459
Exhi bi t A
Page four
GRADING/GENEP,,AL
(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.
B ·
Preparation and submittal of a grading plan subject to approval of the
Department of Community Development delineating the following
i n forma ti on:
1. Methods of drainage in accordance wi th 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 co~ly 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 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.
Resolution No. 2459
Exhi bi t A
Page fi ve
(1)
(2)
C. 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 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.
(1) 4.3 Any grading and/or placement of fencing or block wall over Flood Control
(6) District easements shall require the removal of existing chainlink fence, a
permit from the Engineering/Public Works Department, and a permit from Flood
Control District (EMA).
FIRE DEPARTMENT
(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
..12) 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 Access streets "B" through "R" (all 28 feet or less in width) shall be posted
{6) "No Parking - Fire Lane" and comply with the Uniform Fire Code Section
** 10.207. Correct site plan note 18 to be consistent with stated condition.
(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.
#OISE
(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
',esolution No. 2459
1xhi bi t A
'age si x
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.
B ·
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 iTttle 25 regulations may be required by the Building
12) Official to verify compliance with STC and IIC design standards.
1) 6.3 All construction operations including engine warm up shall be subject to the
9} provisions of the City of Tustin Noise Ordinance and shall take place only
during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless
the Building Official determines that said activity will be in substantial
conformance with the Noise Ordinance and the public health and safety will not
be impaired subject to application being made at the time the permit for the
work is awarded or during progress of the work.
CCR'S
1) 7.1 Prior to approval of the final map, all organizational documents for the
3) project including any deed restrictions, covenants, conditions, and
8) restrictions shall be submitted to and approved by the Community Development
9} Department and City Attorney's Office. Costs for such review shall be borne
by the subdivider. A copy of the final documents shall be submitted to the
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 CCR's for enforcement
purposes. However, the City shall not be obligated to enforce the
CCR's.
Resolution No. 2459
Exhibit A
Page seven
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 homeowner's
association or equivalent. Membership In said association shall be
inseparable from ownershlp tn Individual lots.
C. Architectural controls whtch shall Include but not be ltmtted to
provisions regulating roof materials, exterior finishes, walls,
fences, lighting, landscaping, etc.
D. Landscaping, Including vegetation, irrigation systems, and earth
mounting shall be Installed on all landscaping lots as provtded 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.
Homeowner's Association shall be responsible for maintenance on all
landscape and circulation lots wtth exception of Lot "T" adjacent to
Tustin Ranch Road.
E. Declarant, the Association, and all Owner(s) shall be required to
malntatn the property tn good and first-class condition, and in such
a manner as to avoid the reasonable determination of a duly
authorized offtctal of the City that a public nutsance 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 wtthtn one
thousand (1,000) feet of the property.
F. Non-automotive vehicles, boats, trailers, or non-automotive storage
shall not be allowed tn any parking, driveway or prtvate street
area. Any vehicle with a width In excess of 84 inches shall not be
allowed tn any parking, driveway, or private street area except for
purpose of loading, unloading, making deliveries or emergency
repatrs.
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
Homeowners Association and the Ctty of Tusttn Community Development
Department.
H. All utility servtces serving the stte 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
[esolution No. 2459
'-_xhl bi t A
~age eight
owners with disclosure information related to aircraft noise
impacting the subdivision.
K. Perimeter project block walls and fencing, including wall adjacent
to park site, shall be constructed on private property. The
exterior and structural integrity of the walls shall be maintained
by the Homeowner's Association. This shall not preclude the
Homeowner's 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.
TENANT/HOlqEBUYER NOTIFICATION
',1) 8.1 Prior to issuance of Certificate of Occupancy:
:2)
A. A document separate from the deed which will be an information notice to
future tenants/homebuyers of aircraft noise impacting the subdivision.
The notice shall further indicate that additional building upgrades may
be necessary for noise attenuation. This determination to be made as
architectural drawings become available.
B. The Subdivider shall submit for review and approval of content by the
Director of Community Development, a copy of rental/sales literature for
the residential project with the approved aircraft/helicopter noise
statement and the approved schools notification statement, printed on
it. Any changes to the rental/sales literature after initial City
approval shall be submitted to the Director of Community Development for
approval.
C. The Subdivider shall provide the City with 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 Development
pti or to ci rcul ati on.
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 adjacent to proposed project to the east.
Resolution No. 2459
Exhi bi t A
Page ni ne
{1) 8.2 Subdivider shall notify all potential home buyers of the following
(6) Assessment/Maintenance Districts:
A. Assessment District 85-1.
B. City of Tustin 1982 Landscaping and Lighting District.
FEES
(1) g.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. {Assessment District 85-1).
(1) 9.3 Prior to issuance of any building permits, payment shall be made of all
requi red fees i ncl udi ng:
(3)
(6)
(9)
A. Major thoroughfare and bridge fees to Tustin Public Works Department.
B. Sanitary sewer connection fee to Orange County Sanitation District.
C. Grading 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 Irvtne
Company.
GENEP, AL
(1) 10.1 Within twelve months from Vesting 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 wi th appropriate tentative map.
esolutton No. 2459
.xhi blt A
'age ten
1) 10.3 Prior to Final Map approval.
A. Subdivider shall submit a current title report.
B. All boundary dimensions of proposed map shall be coordinated with those
of Final Tract 12763 as amended by Lot Line Adjustment 87-3.
C. Provision for landscaping maintenance and ownership of all landscape lots
along Lagier, Heritage Way, and all other lettered lots, with exception
of Lot "T" shall be the responsibility of the adjoining property owners
and/or Homeowner's Association of Tract 13106.
D. Correct maps to indicate correct amount of lots. A total of 129 lots are
being proposed, not 130.
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.
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 adopted at_a regular meeting of
the Tustin Planning Cofnmission, held on the o~~day of
.
~8 7 ·
Recording Secretary