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RESOLUTION NO. 2454
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF TENTATIVE TRACT MAP NO. 13080
The Planning Commission of the City of Tusttn does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That Tentative Tract Map No. 13080 was submitted to the Planning
Commission by Bren Osgood 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
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 dwel 1 ings.
Ee
Parkland required of this project was previously dedicated with
recordation of Tract 12763. Additionally, .25 acres of parkland
credit is granted for the provision of a fully improved
recreation area on Lot G in Tract 13080.
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 Tentative Tract Map 13080 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 13080.
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. 2454
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 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. 13080 subject to the conditions
attached hereto as Exhibit A.
PASSEDheld on ANDthe ADOPTED on the 9th day of November, 1987.
Chairman
Resolution 2454
EXHIBIT A
NOVEMBER 9, 1987
CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 13080
PUBLIC/PRIVAll~ INFRJ~STRUCTURE 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
D. Street paving
E. Street signing and painting
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. Undergroundi ng of exi sting and proposed uti 1 i ty di stri buti on 1 i nes
O. Lot monumentation
P. Fi re hydrants
The amount of acceptable security for construction of public improvements
shall be reviewed and approved by the Public Works Department. The
amount and acceptable security for private improvements shall be reviewed
and approved by the Building Official.
1.2 All construction within a public right-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.
1.3 All changes in existing curbs, gutters, sidewalks and other public
i~rovements shall be responsibility of subdivider.
1.4 Placement of all above ground facilities, such as signing, street lights,
fire hydrants and mail boxes shall be behind the sidewalk when said
sidewalks are constructed adjacent to the curb within the public
right-of-way. Should the developer wish to place any above ground
facilities at the curb, the sidewalk shall be meandered around the
faci 1 i ry.
Resolution No. 2454
Exhl bi t A
Page two
1.5 Preparation of plans for and construction of 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.
1.6 Preparation of plans for and construction of a domestic water system to
the standards of the Irvine Ranch Water District/City of Tustin Water
Service, whichever is applicable at the time of plan preparation is
required. 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.
1.7 In tract storm drain design for sump conditions to be of a 100 year
design. The storm drain easement through Lots 50, 51, 88, 89, 92 and 93
shall be a minimum width as required by Orange County EMA standards.
1.8 Proposed streets shall be designed to the following specifications:
A. Streets "A" through "F" and "H" shall be 46 feet in right-of-way
width. {36 foot street with five foot sidewalks).
B. "G" Street shall be 60 feet in right-of-way width between Park
Center Lane and "A" Street {20 foot entrance, 8 foot median, 22 foot
exit and 5 foot sidewalks). "G" Street shall be 40 feet in
right-of-way width between "A" Street and "C" Street (30 foot
right-of-way with 5 foot sidewalks).
C. All proposed streets shall be designed in substantially the same
alignment as shown on the approved Tentative Tract Map unless
modified and approved by the Director of Community Development and
Public Works.
D. All streets shall be constructed in accordance with City
requirements in terms of type and quality of materials used.
1.9 The subdivider shall satisfy dedication and/or reservation requirements
as applicable, including, but not limited to the following:
A. Dedication of all required street and flood control right-of-way,
vehicular access rights, sewer easements and water easements defined
and approved as to specific location by the City Engineer and other
responsible agencies. As well as a perpetual easement agreement for
storm waters as accepted from the public right-of-way.
Resolution No. 2454
Exhtbtt A
Page three
1.10 Prior to recordation of the Final Map, subdivider shall post with the
Community Development Department a minimum $2,500 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 acceptance of public
streets, an additional incremental deposit will be required.
1.11 Any damage done to existing street improvements and utilities shall be
repaired before acceptance of the tract and/or issuance of a Certificate
of Occupancy for development on any parcel within the subdivision.
1.12 The developer shall provide obligation for 25~ share of total traffic
signal installation at Bryan Avenue at Park Center Lane. A cash deposit
or bond will be required for a five (5) year period after map recordation
with a return clause if funds are not utilized or needed based on traffic
warrant information.
1.13 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.
1.14 An additional minimum six (6) foot wide bicycle/pedestrian circulation
paseo lot shall be provided between lots 50 and 51 to facilitate access
to adjacent projects, neighborhood support services and activity nodes
and Citywide bicycle trails.
1.15 Lots lettered "A" through "H" and the additional paseo lot created
pursuant to condition 1.14 to be the responsibility of adjoining
property owner within the proposed subdivision and/or future Homeowners
Association.
1.16 Where sidewalk is constructed adjacent to curb, each residential lot
shall have omprivate property at least one {1) fifteen gallon tree.
1.17 Street names shall be approved by the Community Development Department
prior to approval and recordation of the Final Map.
Resolution No. 2454
Exhibit A
Page four
GRADING/DRAINAGE
2.1 Preparation and submittal of final grading plans delineating the
following is required prior to approval of Final Map.
A. Final street elevations at key locations.
B. Final pad/finish floor elevations and key elevations for all site
grading. All final pad elevations to be a minimum of 1.0 feet above
the base flood elevation as defined by FEMA.
C. All flood hazard areas of record must be shown.
2.2 Prior to issuance of precise grading permits, a detailed soil
engineering report shall be submitted to and approved by the Building
Official conforming to the requirements of the Uniform Building Code
and City Grading Requirements.
2.3 Prior to issuance of grading permits, preparation and submittal of a
grading plan subject to approval of the Department of Community
Development delineating the following information:
A. Methods of drainage in accordance with all applicable City
standards.
B. All recommendations submitted by geotechnical or soil engineer which
is specifically approved by them.
C. Compliance with conceptual grading shown on Tentative Tract Map.
D. A drainage plan and necessary support documents to comply with the
loll owing requirements:
1) 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.
2) Elimination of any sheet flow and pondtng.
3) Provision of drainage facilities to protect the lots from any
high velocity scouring action.
4) Provision for contributory drainage from adjoining properties.
E. All flood hazard areas of record.
F. 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.
it i!
Resolution No. 2454
Exht bi t A
Page ftve
2.4 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.
2.5 A precise grading permit shall be issued prior to issuance of any
building permits within the subject Tract.
2.6 Prior to the issuance of prectse grading permits, the Subdivider shall
submit a construction traffic routing plan to be reviewed and approved
by the Director of Public Works.
2.7 Prtor to issuance of precise grading permits, written approval must be
obtai ned from adjacent property owners for any necessary
rights-of-entry for construction activity across lot lines.
2.8 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 appropri ate 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.
2.9 All earthwork shall be performed in accordance with the City of Tustin
Municipal Codes and grading requirements.
Resolution No. 2454
Exhibit A
Page si x
FIRE DEPARTMENT
MOISE
3.1 The subdivider shall comply wi th all requirements of the Orange County
Fire Marshall, 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 constructi on.
3.2 Prior to issuance of building permits for combustible construction,
evidence that adequate water supply and operational fire hydrants are
available for fire protection shall be submitted and approved by the
Orange County Fire Marshall. The subdivider shall also submit water
improvement plans for approval of the Fire Marshal.
3.3 The following streets or portions thereof shall be posted "No Parking-
Fire Lane" in accordance with all applicable Orange County Fire
Department requirments:
A. All of "G" Street;
B. The south side corner of "C" and "D" Streets;
C. The interior Tract entrance to Lot "H" along "A" Street as well as
any other interior paseo entrances.
3.4 All required Orange County Fire Department signs shall be posted and
designed in accordance with the Orange County Fire Department
requirements.
4.1 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 wi th satisfactory evidence which
indicates that the sound attenuation measures specified in the approved
acoustical report{s) have been incorporated into the design of the
project. The acoustical analysis shall be prepared by an expert or
authority in the field of acoustics.
Resolution No. 2454
Exhibtt A
Page seven
CCR'S
Prior to issuance of any building permits 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 measurments as generated by helicopter flyovers for
information purposes only.
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. 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.
4.2 Prior to issuance of any Certificates of Use or Occupancy, field
testing in accordance with the Title 25 regulations may be required by
the Building Official to verify compliance with STC and IIC design
standards.
4.3 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., 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.
5.1 Prior to approval of the Final Map, all organizational documents for
the project including any deed restrictions, covenants, conditions, and
restrictions CC & R's shall be submitted to and approved by the
Community Development Department and City Attorney's office. Costs for
such review shall be borne by the subdivider. A copy of the final
documents shall be submitted to the Community Development Department
after their recordation. CCR's shall include but not be limited to the
following provisions:
A. The City shall be included as a party to the C.C. & R's for
enforcement purposes.
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 ownership in individual lots.
C. Architectural controls which shall include but not be limited to
Resolution No. 2454
Exhi bi t A
Page eight
provisions regulating roof materials, exterior finishes, walls,
fences, lighting, landscaping, etc.
D. Landscaping, including vegetation, irrigation systems, and earth
mounding shall be installed on all landscaping lots 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.
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
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
shall be subject to the approval of the Homeowner's Association and
the City of Tustin Community Development Department.
H. All utility services serving the site shall be installed and
mai ntat 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. All owners shall be required to provide subsequent prospective
owners with disclosure information related to aircraft noise
impacting the subdivision.
K. No amendments to any C.C. & 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.
L. Access and limits to use of all side yard areas shall be limited to
landscaping and recreation use only, no structures under or above
ground shall be erected over property lines. This provision shall
be enforceable by the Homeowner's Association.
M. All Plan 2 lots shall have a separate deed restriction and a CC&R
provision stating that parking of vehicles in the driveway is
strictly prohibited and subject to towing and issuance of fines by
the Homeowner's Association and the City of Tustin Police
Resolution No. 2454
Exhtbtt A
Page nine
Department. Plan 2 units shall also be equipped with and maintained
with automatic garage door openers.
N. Provision for landscaped maintenance and ownership of Lot L and K,
Tract No. 12763 along Park Center Lane and all lettered lots of
Tract 13080 to be the responsibility of the adjoining property
owners and/or Homeowner' s Associati on.
0. Project perimeter block wall shall be constructed on private
property. The exterior and structural integrity of the wall 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 Director's to be the
responsibility of a property owner.
TENANT/HOIqEBUYER NOTIFICATION
6.1 Prior to the issuance of Certificate of Occupancy, the subdivider shall
record 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.
6.2 Prior to issuance of Certificate of Occupancy, 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.
6.3 Prior to the issuance of Certificate of Occupancy, 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 prior to circulation.
6.4 Prior to the issuance of Certificate of Occupancy, the developer shall
provide the City with a schools notification statement which shall be
reviewed and approved by the Director of Community Development and
which shall indicate-
A. The location of existing and proposed elementary, middle and high
schools which will serve the subdivision {text and map).
Resolution No. 2454
Exhibit A
Page ten
FEES
B. The schools notification statement shall further advise homebuyers
that proposed school sites may never be constructed.
6.5 Prior to issuance of Certificate of Occupancy, 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.
6.6 Subdivider shall notify all potential home buyers of the following
Assessment/Mai ntenance Di stri cts:
A. Assessment District 85-1
B. City of Tustin 1982 Landscape and Lighting District
· .
7.1 Prior to recordation of any Final Map, Subdivider shall pay plan check
and inspection fees for all public and/or private infrastructure
improvements within City's responsibility excluding those financed by
an Assessment District.
7.2 Prior to issuance of certificates of use or occupancy, the Subdivider
shall 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).
7.3 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 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
Irvi ne Company.
Resolution No. 2454
Exhtbit A
Page eleven
GENERAL
8.1 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
contai ned herein.
8.2 Prior to occupancy of units, the Subdivider shall record a Final Map in
conformance with appropriate Tentative Tract Map.
8.3 Prior to Final Map approval, subdivider shall submit a current title
report.
8.4 Subdivider shall conform to all applicable provisions of the City
Code. All requirements of the State Subdivision Map Act, the City's
Subdivision Ordinance and Zoning Ordinance shall be satisfied.
8.5 Subdivider shall submit a duplicate n~ylar 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.
8.6 Prior to release of building permits all conditions of approval of
Design Review 87-14 on the subject project shall be complied with as
shown on Exhibit A attached to Resolution No. 2453 and incorporated
herein by reference. However, applicant will be permitted to obtain
building permits for model home construction prior to approval of a
Final Map provided approvals have been obtained from the Department of
Community Development, Public Works and Fire Department.
8.7 Adherence to all pertinent requirements contained in East Tustin
Specifc Plan and Development Agreement, EIR 85-2, and Tract 12763.
8.8 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.
8.9 All walls/landscaping adjacent to Lots 1, 2, 99 and 100 along Park
Center Lane shall be so designed to provide adequate site distance for
vehicles exiting the tract via Street G.
8.10 Any grading and/or placement of fences over the Orange County EMA
(Flood Control District) easement across Lots 92 and 93 will require
coordination and/or a permit from the EMA.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CIl.Y OF I'USTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Plann_in~) Commission of the City of Tustin, California; that
Resolution No. ~9~-~7~~ was duly passed an~d adopted at a regular meeting of
the lustin Planning Commission, held on the .~'7~x- day of ~m~_<~~2
lg8~___.
/ Recording Secretary