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HomeMy WebLinkAboutPC RES 2226 6 ? 8 9 10 11 12 13 15 1.6 1.7 ~8 19 20 21 23 2~ 25 26 27 28 RESOLUTION NO. 2226 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 12345 The Planning Commission of the city of Tustin does hereby resolve: I. The Planning Commission finds and determines as follows: Ae That Tentative Tract Map No. 12345 was submitted to the Planning Commission by Monica Florian on behalf of The Irvine Company for the purpose of creating a-27 lot (8 numbered and 19 lettered) subdivision from a portion of lots 21, 22, 27, 28 of Block 44 of Irvine's subdivision as shown filed in Book-1, page 88 of Miscellaneous Record Maps, in the office of the County Recorder of said Orange County, California. B. That a public hearing was duly called, noticed and held for said map. C. That an Environmental Impact Report has been prepared in conformance with the requirements of the California Environmental Quality Act for the subject project, and has been recommended to the City Council for certification by the adoption of Resolution No. 2223. D. The proposed subdivision is in conformance with applicable ordinances, policies and standards of the city of Tustin, evidenced by the following findings:' 1. That the proposed map is consistent with the Tustin Area General Plan. 2. That a Development Plan with Planned Community Zoning regulations has been adopted for this project, ~nd this map is in conformance with the Plan and regulations. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. That an ordinance requiring the dedication of land for parks is in conformance with the Recreation Element of the Tustin Area General Plan. E. That pursuant to state law, Tustin Unified School District was forwarded Tentative Tract No. 12345 to seek the District's determination of school facility need based upon projected student popul ati on. ! 3 4 5 6 8 9 10 11 13 14 15 16 17 18 ~9 2O 21 22 23 24 25 26 27 28 Resolution No. 2226 page two Ge H · I · J · The Tustin Unified School District requests conditioning of Tentative Tract No. 12345 causing the subdivider to provide said district with both interim classroom facilities for the Tustin High School campus and payment of fees to refurbish the Utt Intermediate School prior to recordation of a final map or creation of a building parcel. That Tract NO. 12345 may create conditions of overcrowding within the Tustin Unified School District attendance area, but such finding'by the District Board of Trustees has not been "supported by clear and convincing evidence" in 'the District's Resolution No. 01-02-85 pursuant to Government Code Section 65971. Should documented evidence be submitted by the District supporting their findings in Resolution No. 01-02-85, specifically attributable to Tract No. 12345, the developer shall be responsible for mitigating overcrowding conditions by providing interim classrooms and related facilities pursuant to Government Code Section 65974 at such time development occurs. Until such time, the Tustin Unified School District should continue to examine available options as granted by state law and outlined in Final EIR 84-3. The applicant/developer {The Irvine Company) shall assist and work with the School District in evaluating these options, and submit a report to the Planning Commission within 90 days of approval of this tentative tract outlining feasible mitigation measur.es for documented overcrowding within the Tustin Unified School District attendance area. That under the School Facilities law, Government Code Section 65970 et. seq. developer fees are limited to mitigating conditions of immediate overcrowding and can only be.imposed after all other reasonable methods of mitigating conditions of overcrowding have been evaluated and found infeasible ibY the District which has not yet been done. That under the School Facilities law, residential projects can only be conditioned upon the payment of a specific fee amount reasonably related and limited to the need for schools caused by the project, and fees collected can only be used for temporary facilities {maximum of five years) whereas the District's request is not so limited. That approval and recordation of Tract No. 12345 is not the final discretionary approval for this project. Additional maps will be required prior to construction of single family detached and attached homes, and as a result adequate opportunities exist for the district to explore all reasonable methods and funding sources for mitigating the impacts of this project on the District school system. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 28 Resolution No. 2226 page three II. The Planning Commission hereby recommends to the City Council approval of Tentative Tract Map No. 12345, subject to conditions outlined in Exhibit "A" and made a part of this Resolution. PASSED AND~'AD~PTED at a reg~]lar meeting of the Tustin Planning Commission on the 24th day of June, 1985. DON~NA--ORR, Recording Secretary RONALD H. WHITE, Chairman EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 12345 Approval of Tentative Tract Map No. 12345 is subject to the following conditions. These conditions shall be satisfied prior to final map recordation if not otherwise determined by City staff to be satisfied after map recordation' · · Provision for landscape maintenance and ownership of Lots A through S, with the exception of Lot G, H, and 8, which will be maintained by the city, to be the responsibility of the adjoining homeowners' associations, if not included within a lighting/landscape maintenance district. The city shall be responsible for Lots G, H. and 8 only until the Browning Avenue overpass proposal is finalized. Landscape maintenance responsibility for those areas within the public right-of-way between the curb and meandering sidewalks shall not become the responsibility of the City, except Lots G and H. These areas shall be included within the maintenance of adjoining lots A through S, excepting Lots G and H, shall be for ultimate maintenance by a homeowners' association or lighting/landscape maintenance district. The city shall be responsible for Lots G and H only until the Browning Avenue overpass is finalized. Control data shall be established to adequately delineate the southerly tract boundary with respect to right-of-way needs for the following i mproveme n t s: Santa Ana freeway widening. Jamboree Road interchange. Collector distributor roads for future Eastern Corridor/I-5 connection. The typical section (G-G) on the map indicates a distance of 230 + feet from freeway centerline to tract boundary. The scaled distances i--n the plan view section of the map reflects a range of 175 + ft. to 215 + ft. The preliminary freeway geometrics delinete a need for--a scaled dis-Eance of 175 + feet maximum for the proposed freeway widening and a northbound on-ramp for the Jamboree Road interchange. These needs shall be clarified at the earliest feasible date prior to map recordation. This clarification will also be needed for the determination of the Laguna Road alignment/location. Dedication of adequate right-of-way shall be provided on Lots 3 and 4 to accommodate the greatest extent of right-of-way requirements for the Jamboree Road/Interstate 5 interchange as determined by the City Engineer. Building Permits will not be issued for any structure on Lot 4 and the southern portion of Lot 3 as determined by the Community Development Director and City Engineer, until such time the ultimate right-of-way needs have been determined. Any decrease in area for Lots 3 and 4 from that shown on the tentative map will result in an equalivalent decrease in the number of dwelling units. Community Development Department Conditions of Approval Tentative Tract No. 12345 page two e · e · 10. Preparation and submittal of a final grading plan delineating the following information- a® Final street elevations at key locations. Final pad/finish floor elevations and key elevations for all site grading. All final pad elevations to be a minimum of 1.0 ft. above the base flood elevation as defined by FEMA. Location and elevations of all flood protection berms related to Tract No. 12345. All flood hazard areas of record. Preparation of a sedimentation and erosion control plan for all construction work related to Tract No. 12345. Provision for maintenance and ownership of the flood protection berms and associated landscaping to be the responsibility of the adjoining homeowners' association, lighting/landscape maintenance district and/or the city of Tustin, with said determination to be made prior to recording the final map. Provision for irrevocable easements for the required term of all flood protection berms in.favor of the adjoining Association and/or the city of Tustin, with said determination to be made prior to recording the final map. Annexation of land within this development into an appropriate street lighting district to provide for on-going maintenance and energy cost of said system. Preparation of plans for and consl~ruction of full improvements for all streets within the boundary of said tract map. These improvements shall include the widening of the easterly half of Browning Avenue, the southerly half of Bryan Avenue to its ultimate alignment and all required transitions, and Streets A and B. Improvements will include, but not be limited to, the following as determined by the City Engineer: a· g. h. i. j. k. Curb and gutter/cross gutters S i dewa 1 k Drive aprons Street paving Street signing and striping Landscapi ng/faci 1 i ti es Sanitary sewer servi ce faci 1 i ties Domestic water service facilities Reclaimed water service facilities Gas, electric, telephone, cable t.v. facilities Traffic signal facilities - Laguna Rd./Jamboree Rd. - 25% of cost Bryan Ave. /Jamboree Rd. - 66 2/3 % cost Bryan Ave./Browning Ave.- 50% of cost Browning Ave./Laguna Rd.- 33 1/3%of cost Community Development Department Conditions of Approval Tentative Tract 12345 page three 11. Existing perimeter streets, Browning Avenue and Bryan Avenue, shall be slurry seal coated the full pavement width from curb face to curb face prior to restriping the widened street improvement. 12. Preparation of plans for and construction of all sanitary sewer facilities as required by the City Engineer. These facilities shall include a gravity flow system pursuant to standards of the Irvine Ranch Water Di stri ct. 13. Dedication of all required street and flood control right-of-way as defined by the City Engineer. 14. Placement of all above ground roadway appurtenances such as signing, street lights and fire hydrants behind the sidewalk when said sidewalks are constructed adjacent to the curb. 15. 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. Any required reclaimed water systems shall be constructed to the required standards of the Irvine Ranch Water District. - 16. 17. 18. 19. 20. 21. Preparation of a hydrology and hydraulic study of the tributary area impacting the proposed development. Preparation of plans for and construction of all storm drain facilities as required by them City Engineer and Caltrans when applicable and pertaining to their facilities. Cash/surety deposit, if deemed necessary by the City Engineer, for the reconstruction of Street "B" at locations adjacent to temporary flood protection berming to return roadway interim profiles to long term grades when berms are no longer required for flood protection purposes. Dedication of all vehicular access rights to Jamboree Road, Bryan Avenue and Browning Avenue except at designated street openings. Dedication of all vehicular access rights to Laguna Road, except at approved driveway openings, as designated on the final development site plan subject to the City Engineer's approval. Reservation as determined by the City Engineer of adequate right-of-way for future Interstate 5 Santa Ana freeway widening. Relocation of the sub-grade fuel line facility within this tract to the satisfaction of the City Engineer and the San Diego Pipeline Company. Removal of the abandoned railroad right-of-way easement within the tract boundary. , Community Development Department Condi tions of Approval Tentative Tract 12345 page four 22. 23. 24. 25. 26. Payment of all required Orange County Sanitation District No. 7 sewer connection fees that may be required as a result of the interim connection to the District ? facilities, at the time initial building permits are issued. Prior to the recordation of a final map for any portion of, or all of the land delineated in Tentative Tract No. 12345, the subdivider shall enter into an agreement with the city of Tustin for participation in a fee program {if adopted by the Tustin City Council) for implementation of the Eastern/Foothill Transportation Corridor. Said agreement shall provide that: aw The fee shall not exceed that amount as established by the nine participating agencies within the area of benefit. b~ Subdivider or Builder obligations to pay fee would only commence after the city establishes a fee program but not prior to issuance of building permits. Ce Subdivider or Builder obligations to pay fee would cease if the fee program were not established within three years of the issuance of building permi ts or recordation of fi hal tract map. As detailed in the Final Environmental Impact Report No. 84-3, an earth berm topped with a masonry wall shall be constructed along the Interstate 5 freeway right-of-way of Lots 3, 4, 5 and 7 where directly exposed to the freeway as determined by city staff. The final cross section design, height and construction materials shall be determined by an acoustical engineer subject to city Planning Commission approval prior to construction of the buffer or issuance of any building permit on these lots. Pursuant to City Code, the new development tax shall be paid prior to recordation of future builder subdivision maps on any individual Lot or at building permit issuance where a future subdivision map is not required. Tract No. 12345 may create conditions of overcrowding within the Tustin Unified School District attendance area, but such finding by the District Board of Trustees has not been "supported by clear and convincing evidence" in the District's Resolution No. 01-02-85 pursuant to Government Code Section 65971. Should documented evidence be submitted by the District supporting their findings in Resolution No. 01-02-85, specifically attributable to Tract No. 12345, the developer shall be responsible for mitigating overcrowding conditions by providing interim Community Development Department Conditions of Approval Tentative Tract 12345 page fi ve classrooms and related facilities pursuant to Government Code Section 65974 at such time development occurs. Until such time, the Tustin Unified School District should continue to examine available options as granted by state 1 aw and outl i ned i n Fi nal EIR 84-3. The applicant/developer (The Irvine Company) shall assist and work with the School District in evaluating these options, and submit a report to the Planning Commission within 90 days of approval of this tentative tract outlining feasible mitigation measures for documented overcrowding within the Tustin Unified School District attendance area. 27. Pursuant to the city's Parkland Dedication Ordinance, this tract shall provide for the dedication of 8.8 acres of land and/or improvements for park purposes. The proposed 4.25 acre park site shall be dedicated to the city with the remaining 4.75 acre obligation satisfied through land dedication elsewhere in the East Tustin Specific Plan area or offer of dedication secured by separate agreement between the city and The Irvine Company and/or an offer of dedication of land and improvements for private recreational facilities within the tract. The distribution of the total amount of acreage for this tract will follow the proportions established i n the city' s Recreati on E1 ement between publ i c commu ni ty and pti vate/publ i c neighborhood faci 1 i ti es. The 4.25 acre park site in compliance with the Parkland Dedication Ordinance shall be rough graded free of obvious rock of construction by-product material With the following public improvements provided to the satisfaction of the City Engineer and Director of Community Services: a. Full street improvements along Laguna Road and Street B including but not limited to curb, gutter, sidewalk, street lighting and signing. be Public utility laterals of a sufficient size including water, electricity, sewer, storm drain, natural gas and telephone communication shall be installed to the park site property line. 28. Development density shall be regulated by the adopted Planned Community Zoning Regulations for Phase I Residential/East Tustin. The density calculations provided on the subdivision map are for informational purposes only and are superceded by the zone regulations. 29. All applicable mitigation measures detailed in Final EIR 84-3 are hereby incorporated as conditions of approval for Tract No. 12345 and subsequent tracts recorded within this project boundary. 30. Prior to the issuance of a grading permit, a storm drain phasing plan that addresses interim flood protection in the Browning Avenue area shall be prepared by the Irvine Company and reviewed and approved by the City Engineer. Community Development Department STATE OF CALIFORNIA) COUNTY OF ORANG[ ) CITY OF TUSTIN ) [, DONNA ORR, the undersigned, hereby certify that I am the Recording Secre:r~ of the Planning Commission Of. the Ci~ of Tustin, California; that Resolution No. o~?..~?~, was duly passed and adopted a regular m.~eting of the Tustin Planning Commission, held on the day of ~~.~__~ , 19 ~-p~ .. DONNA ORR Recording Secretary