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HomeMy WebLinkAboutPC RES 2431 1 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 ~3 25 26 27 ~8 RESOLUTION NO. 2431 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 13038 The Planning Commission of the City of Tustin does hereby 'resolve as fol 1 ows: I. The Planning Commission finds and determines as follows: A. That Tentative Tract Map No. 13038 was submitted to the Planning Commi ssi on on behalf of Irvi ne Paci fi c Company for consi derati on. B. That a public hearing was duly called, noticed and held for said map. Ce 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 multiple family dwellings. E. That 1.6632 acres of 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 and has determined that the impact of this Tentative Tract Map approval on District Facilities will not be adverse and has been adequately mitigated by reservation of two school sites, 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 13038. 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. 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. 2431 Page t~o I. That the destgn of the subdivision or the proposed Improvements are not ltkely 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 Tentative Tract Map No. 13038 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED .at a regularx~mee.ting of the Tustin Planning Commission, held on the 28th day of September, 1987. PENNI FOLEY, Secretary Chairman Resolution 2431 EXHIBIT A CONDITION OF APPROVAL FOR TENTATIVE TRACT IUP 13038 PUBLIC/PRIVATE INFRASll~UCTUE 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 paving F. Landscaping/irrigation facilities G. Sanitary sewer service facilities H. Domestic water service facilities I. Reclaimed water service facilities J. Utility corrections (i.e. gas, electric, telephone, and cable T.V. facilities) K. Traffic signal systems and other traffic control devices L. Street and trail lighting M. Storm drains and subdrains - corrections to public facilities (the storm drain facilities within this tract will be private drains to be maintained by an association N. Undergrounding of existing and proposed utility distribution lines O. Lot monumentation P. Fire hydrants Q. The amount and 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. Resolution No. 2431 Exhi bi t A Page two 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 improvements shall be responsibility of subdivider. 1.4 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. 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 Heal th Department. Any required reclaimed water systems shall be to the standards as required by the Irvine Ranch Water District. 1.7 Proposed streets shall be designed to the following specifications: A. All private streets shall be at least 28 ft. in width from curb to curb. B. All proposed streets shall be designed in substantially the same alignment as shown on the approved tentative tract map unless modified and approval by Director of Public Works/Director of Community Development. C. All private and public streets shall be constructed in accordance with City standards for private and public streets as adopted. D. The following streets must be posted "No Parking": Heritage Way and Myford Road. Resolution No. 2431 Exhibit A Page three 1.8 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including, but limited to the following: A. Dedication of all required street and flood control right-of-way defined and approved as to specific location by the City Engineer and other responsible agencies. B. Additional right-of-way shall be dedicated where private streets join public streets. The right-of-way line shall follow the back edge of the sidewalk thereby placing the curb return and adjacent sidewalk within the public right-of-way. No embossed concrete paving will be permitted in this area. 1.9 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 thisdeposit is depleted prior to completion of development or City acceptance of public streets, an additional incremental deposit will be required. 1.10 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. 1.11 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. 1.12 Each unit shall be provided with separate electric and gas meters when such service is supplied. 1.13 Each unit shall be equipped with separate water meters or a separate water shutoff valve. 1.14 Private streets, storm drain, water and sewer improvement plans shall comply with "City of Tustin Minimum Design Standards for On-site Private Street, & Storm Drain Improvements". 1.15 Landscape Lots C and D to be the responsibility of adjoining property owner and/or future Homeowners Association. Resolution No. 2431 Exhi bi t A Page four GRADING/DRA!NAGE 2.1 Prior to issuance of precise grading permits, a detailed engineering geotechnical and/or 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 the Alquist-Priolo special studies project. 2.2 Prior to issuance of grading permits, preparation and submittal of a final grading plan subject to approval of the Department of Community Development delineating the following information' A. Final street elevations at key locations. B. Final pad/finish floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 feet above base flood elevation as defined by FEMA. C. Compliance with conceptual grading shown on tentative tract map. D. All recommendations submitted by geotechnical or soil engineer and specifically approved by them. E. Methods of drainage in accordance with all applicable City standards. F. A drainage plan and necessary support documents to comply with the fol 1 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 ponding. 3} Provision of drainage facilities to protect the lots from any high velocity scouring action. 4) Provision for contributory drainage from adjoining properties. G. All flood hazard areas of record. H. 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. Resolution No. 2431 Exhi bi t A Page fi ve 2.3 Preparation of a sedimentation and erosing control plan for all construction work related to the subject Tract including a method of control to prevent dust and windblown earth problems. 2.4 A precise grading permit shall be issued prior to issuance of any building permits within the subject Tract. 2.5 Prior to the issuance of precise grading permits, the Subdivider shall submit a construction traffic routing plan to be reviewed and approved by the Director of Public Works. 2.6 Prior to issuance of precise grading permits, written approval must be obtai ned from adjacent property owners for ri ghts-of-entry on construction activity across lot lines. 2.7 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. 2.8 All earthwork shall be preformed in accordance with the City of Tustin Municipal Codes and grading requirements. FIRE DEPARTMENT 3.1 The subdivider shall comply with 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 for fire protection is available shall be submitted and approved by the Orange County Fire Marshall. 3.3 A construction phasing plan shall be reviewed and approved by the Fire Chief for the evaluation of emergency vehicles access. 3.4. The project entry access roads and the main loop street shall have "No Parking - Fire Lane" signs and shall comply with the Uniform Fire Code Regulations, Section 10.207 and California Vehicle Code, 22658(9). Resolution No. 2431 Exhibit A Page six NOISE 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 with satisfactory evidence which indicates the the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. 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 Equivalehcy Levels (CNEL) said study provide information on single event noise measurements 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 Certification of 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. CCR'S 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 Resolution No. 2431 Exht bi t A Page seven Development Department. 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. Parking spaces shall be permanently and irrevocably assigned to individual condominium units at a rate of 2.25/1 parking spaces per dwelling, at least one (1) of which shall be covered for 2 bedroom unit and 2 covered spaces for 3 bedroom units. An additional 63 guest parking spaces shall be established within the common area and shall be marked and used for guest parking only. C. Condominium units shall not have separate television and radio antennas. Either a central antenna shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be served by undergrounded cable antenna service provided by a company licensed to provide such service within the City. D. Provision for effective establishment, operation, management use, repair and maintenance of all common areas and facilities including private drive, landscaping, utilities, recreational facilities, common areas, walks and fences through a homeowner's association or equivalent. Membership in said association shall be inseparable from ownership in individual lots. E. Architectural controls which shall include but not be limited to provisions regulating roof materials, exterior finishes, walls, fences, lighting, landscaping, etc. F. Landscaping, including vegetation, irrigation systems, and earth mounding 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. G. 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. H. 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. Resolution No. 2431 Exhibit A Page et ght I. No storage of any kind, including trash storage, shall be permitted outside the building on the Property except in any outside storage areas approved in the Development Plan. Adequate trash enclosures shall be provided, screened, and maintained. Gates for trash storage areas shall be kept closed at all times except when in actual use. J. Any construction repair, modification, or alteration of any buildings, equipment, structures, or improvements on the property shall be subject to the approval of the City of Tustin Community Development Department. K. All utility services serving the site shall be installed and maintai ned underground. L. 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. M. No amendments to the C.C. & R's or development plan shall be recorded without the prior approval of the City of Tustin Community Development Department. N. CC&R's shall provide section refering to legal and practical agreements on the utilization of reciprocal easements between owners of the different lots. Such information shall be submitted for City review prior to issuance of Certificate of Occupancy. TENANT/HOMEBUYER 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 roadway/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 the issuance of Certificate of Occupancy, the Subdivider shall submit an aircraft/helicopter noise letter supplied by the Marine Corps which shall be reviewed and approved by the Director of Community Development. This noise letter shall contain, at minimum: A. The location of any jet or helicopter flight paths over in the vicinity of the proposed subdivision. B. The distance of the project from runways in the vicinity. Resolution No. 2431 Exht bi t ^ Page ntne C. The probable frequency of both visual and audible impacts by aircraft. D. The type of flight activity causing impact. E. The general hours during which such aircraft activity can be expected. 6.3 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. 6.4 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. 6.5 Prior to the issuance of Certificate of Occupancy, the developer shall provide the City with a schools notification statement which must be signed by each tenant/homebuyer and which shall be reviewed and approved by the Director of Community Development with participation by he governing school district. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The schools notification statement shall contain the most current available information on' A. The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). B. The type of provider of transportation available to transport the students to the school sites. C. The estimated length of travel time required to transport the students to a school site outside the boundaries of the project. D. The schools notification statement shall further advise homebuyers that proposed school sites may never be constructed. 6.6 Prior to issuance of Certificate of Occupancy, the Subdivider shall provide the City with a statement which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. Resolution No. 2431 Exhi bi t A Page ten 6.7 Prior to issuance of Certificate of Occupancy, developer shall submit a homebuyer information packet for the review and approval of the Director of Community Development. This packet shall be distributed at the time of sale of any proposed units. 6.8 Subdivider(s) obligation to notify all potential buyers of the various assessment/maintenance district as follows: A. Assessment District No. 85-1 B. City of Tustin 1972 Landscaping and Lighting District 6.9 Subdivider has the obligation to notify tenants at the time a rental/lease agreement is signed, that the apartments will be later converted to condominiums. FEES 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 notification of use or occupancy, the Subdivider shall pay all costs related to the calculation of the revised parcel assessments (reapportionment costs), the preparation of the revised assessment diagram and other required administrative duties related to any Assessment Districts serving the subject subdivision. 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 Irvine Company. Resolution No. 2431 Exhibit 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 contained herein. 8.2 Prior to occupancy of any units as condominiums the final subdivision map shall be recorded in conformance with appropriate tentative map. 8.3 The Browning Corridor Aviation Easement as outlined in the Memorandum of Understanding dated July 1985 between the United States Marine Corps, the City of Irvine and the City of Tustin shall be indicated on Tract Map 13038 and all subsequent subdivision maps. 8.4 Prior to Final Map approval, subdivider shall submit a current title report. 8.5 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. 8.6 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. 8.7 Prior to release of building permits all conditions of approval of Design Review 87-13 on the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 2429 and incorporated herein by reference. 8.8 Adherence to all other pertinent requirements outlined in the East Tustin Specific Plan Environmental Impact Report No. 85-2 and Developer's Agreement for East Tustin is required. 8.9 Adherence to all pertinent requirements contained in East Tustin Specifc Plan and Development Agreement, EIR 85-2, and Tract 12763. 8.10 Prior to recordation of a final map for condominium purposes, developer shall provide a statement documenting how the project once converted to condominiums will ensure compliance with the Tustin Specific Plan, Development Agreement, EIR 85-2 and the Tustin area General Plan as it relates to provision of affordable housing. Resolution No. 2431 Exhi bi t A Page twelve 8.11 Reciprical access (vehicular, parking and pedestrian) easements between all lots created by Tentative Tract 13030 shall be noted on any final map. 8.12 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 as shown in the East Tustin Specific Plan Development Agreement. 8.13 Construction of project perimeter security fencing and a security gate shall begin prior to the first unit being sold as a condominium and construction of said security devices shall be completed within 90 days of the first unit being sold as a condominium. Construction of gate shall be in conformance with Fire and Engineering standards and shall be approved by the Community Development Department. 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. c~/.~/ was duly passed and~opted at a~?regular,meeting of the Tustin Planning Commission, held on the ~ day of_~~y_~?zy;~ , 198~ . PENNI FOLEY Recording Secretary