Loading...
HomeMy WebLinkAbout01 ZC 97-001 & TT 14396AGENDA . • i DATE' AUGUST 18, 1997 NO 1 8 -18 -97 Inter -Corn ADOPTED RESOLUTION NO. TO WILLIAM A HUSTON, CITY MANAGER 97 -fr anz, 7- f6 FROM COMMUNITY DEVELOPMENT DEPARTMENT 7� P 6-7< -,L. 7/ f t SUBJECT' ZONE CHANGE 97 -001, FOURTH AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT AND TENTATIVE TRACT 14396 SUMMARY The application for Zone Change (ZC) 97 -001 is a request to relocate an intermediate school site from Sector 2 of the East Tustin Specific Plan (ETSP) to Sector 5 at the southwest corner of Tustin Ranch Road and Pioneer Way Tentative Tract Map (TT) 14396 is a request to subdivide a 205 -acre site within the Estate/ Hillside District of the ETSP to create 113 custom home sites, a 20 -acre intermediate school site and a 7 5 -acre equestrian center site The Fourth Amendment to the East Tustin Development Agreement would require the developer to regrade the intermediate school site consistent with the Hillside District Guidelines for Estate Residential Development if a school is not constructed on the school site On August 11, 1997, the Planning Commission recommended that the City Council approve ZC 97 -001, the Development Agreement and TT 14396 The Planning Commission also approved the Sector 4 & 5 Concept Plan and the Design and Hillside Reviews for the project Applicant/Owner The Irvine Company RECOMMENDATION That the City Council 1 Conduct a public hearing; 2 Adopt Resolution No 97 85 re- certifying Final EIR 85 -2 as modified by Addendum No 7 prepared for this project 3 Introduce and have first reading of Ordinance No 1185 approving the Fourth Amendment to the East Tustin Development Agreement and set for second reading at the Council's September 2, 1997 meeting, 4 Introduce and have first reading of Ordinance No 1186 approving Zone Change 97 001 and set for second reading at the Council's September 2, 1997 meeting, and 5 Adopt Resolution No 97 86 approving Tentative Tract Map 14396 City Council Report ZC 97 -001, Amend ETDA #4 & TT 14396 August 18, 1997 Page 2 FISCAL IMPACT • The applicant has paid application fees to recover the cost of processing this application. REQUESTS L ZONE CHANGE 97 -001 - A request to A. Amend the Land Use Designation on the East Tustin Specific Plan Land Use Plan to relocate the proposed intermediate school site from Sector 2 (Lot 19 of Tract 13627) to Sector 5 (Lot 115 of Tentative Tract 14396) at the southwest corner of Tustin Ranch Road and Pioneer Way- and, B. Amend the East Tustin Specific Plan text and statistical summaries to reflect the above noted changes and provide consistency between the Land Use Plan and the text of the Specific Plan document. 2. AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT - A request to amend the East Tustin Development Agreement to: A. Provide consistency between the above noted changes and the East Tustin Development Agreement; and, B. Provide that the Developer regrade the site consistent with the Hillside District Guidelines as appropriate for Estate Density Residential development in the event that the Tustin Unified School District does not construct an intermediate school on Lot 115 of Tentative Tract 14396. 3. TENTATIVE TRACT MAP 14396 - A request to subdivide the 205 -acre property into 115 numbered lots and 33 lettered lots for the purpose of creating 113 custom home sites, a 20 -acre intermediate school site and a 7.5 -acre equestrian center site. • • City Council Report ZC 97 001, Amend ETDA #4 & TT 14396 August 18, 1997 Page 3 INTRODUCTION The proposed project is a request to subdivide an approximate 205 acre site to create 113 custom home sites, a 20 -acre intermediate school site, and a 7 5 -acre equestnan center site An amendment to the East Tustin Specific Plan (ETSP) and East Tustin Development Agreement is requested to relocate the existing intermediate school site from Pioneer Road, north of Fire Station 43 (Lot 19 of Tract 13627) to the southwest corner of Tustin Ranch Road and Pioneer Way (Lot 115 of Tentative Tract 14396) The ETSP and Tustin City Code provides the City Council with the authority to take final actions on the Development Agreement Amendment, Zone Change and subdivision applications There are no site specific development plans for the single -family residents or the equestrian center at this time The ETSP requires approval by the Planning Commission of a Design Review of any new structures, including single family detached dwellings Design Review would need to be completed at the time specific development plans are proposed A Conditional Use Permit for the equestrian center would also need to be considered at the time specific development plans are proposed for the equestnan center Site and Surrounding Properties The project is located in Sectors 2, 4 and 5 of the ETSP and includes Lots 12, 13, 19, 24 and 25 of Tract 13627 (Attachment A) Sectors 4 and 5 are generally bounded by Peters Canyon Road on the north, Pioneer Way and Tustin Ranch Road on the east, unincorporated county territory on the west and Township Drive on the south Sectors 4 and 5 are designated by the ETSP Land Use Plan as Estate Density Residential (maximum 2 dwelling units per acre) and within the Hillside District Sector 2 is generally located on the east side of Pioneer Road with Lot 19 of Tract 13627 located north of Fire Station 43 Lot 19 is designated by the ETSP as an intermediate school site with an underlying designation of Medium -Low Density Residential which would allow up to 10 dwelling units per acre if a school is not constructed on the site Existing and anticipated development in the vicinity of Sectors 4 and 5 include the following North - Peters Canyon Regional Park and Retardmg Basin, and existing single family residential South - Future Church and Elementary School sites, and existing and future single family residential East - Community Park, Elementary School, and future single family residential West - Existing single family residential City Council Report ZC 97 -001, Amend ETDA #4 & TT 14396 August 18, 1997 Page 4 DISCUSSION S The discussion that follows includes detailed analyses of the proposed ETSP and Development Agreement amendments and the subdivision applications Land Use Changes The ETSP identifies an intermediate school site within Sector 2 on the east side of Pioneer Road The Sector level subdivision creating the builder level lots in Phase IV of Tustin Ranch (Tract 13627) designated Lot 19, north of Fire Station 43, as the intermediate school site The proposed change to the ETSP would relocate the intermediate school site from Sector 2 and Lot 19 to Sector 5 on Lot 115 of Tentative Tract 14396 located at the southwest corner of Tustin Ranch Road and Pioneer Way The Tustin Unified School District has indicated that the proposed site is more desirable as an mtermediate school site with respect to size, access and surrounding uses The proposed Land Use Plan changes are attached to Ordinance No 1186 as Exhibit A Amendments to the ETSP text and statistical summaries are proposed to provide consistency between the proposed school site relocation and the text Reference to the intermediate school site would be eliminated from the Sector 2 text descnptions and added to the Sector 5 descnptions The statistical summaries would be adjusted within the respective sectors to reflect the change The overall maximum unit count authonzed by the ETSP and Development Agreement would not be altered The proposed changes to the ETSP text are attached to Ordinance No 1186 as Exhibit B A traffic study was prepared for the project and is included in Attachment D as EIR 85 -2 Addendum No 7, Appendix C The project site is located within Traffic Zones (TAZs) 37 and 46 The existing planned traffic volume for TAZ 37 is 4,239 Average Daily Tnps (ADT) which includes the recent amendments (GPA 96- 003 /ZC 96 003) related to Lot 27 of Tract 13627 and discussed in EIR 85 -2 Addendum No 6 The existing planned traffic volume for TAZ 46 is 13,773 The anticipated total traffic volume at buildout for TAZs 37 and 46 will be 17,483 which represents a 3 2 percent decrease in ADT for these portions of the ETSP area The reduction in traffic volumes is primarily due to the reduction in density for the residential component of the project Development Agreement Amendment The Fourth Amendment to the East Tustin Development Agreement would also recognize that the mtermediate school site will be relocated from Sector 2 to Sector 5 consistent with the proposed ETSP amendments The complete Development Agreement Amendment is attached to Ordinance No 1185 as Exhibit A Generally, the Agreement includes the following stipulations City Council Report ZC 97 -001, Amend ETDA #4 & TT 14396 August 18, 1997 Page 5 • • The Tustin Unified School District Board of Education has mdicated their desire to relocate the future intermediate school site to Lot 115 of Tentative Tract 14396, and, • If the School Distnct does not construct an intermediate school on the site, the Developer will regrade the site consistent with the intent of the City's Hillside District Guidelines and Grading Manual as appropnate for Estate Density residential development and any subsequently City approved development plans Tentative Tract Map Si Site Plan The applicant proposes to subdivide an approximate 205 gross acre site into 115 numbered lots and 33 lettered lots Lots 1 through 113 are intended to provide individual ownership lots for the construction of custom single family homes Lot 114 is intended to be an equestrian center site to be owned and operated by the Homeowner's Association for the project Lot 115 is intended to be an intermediate school site owned and constructed by the Tustin Unified School District The lettered lots delineate common ownership areas for the development and maintenance of private streets and dnves, common area slopes and landscaping The proposed density for this project is approximately 64 units per gross acre, which falls below the maximum allowable density of 2 units per gross acre specified in the Estate Density Residential District of the ETSP The minimum lot size proposed is 10,691 square feet The average lot size proposed is 24,582 square feet These exceed the minimum lot size of 8,000 square feet and the average lot size of 10,000 square feet in the Estate Density Residential Distnct of the ETSP The minimum lot width, which is measured at the building setback line of 20 feet is 70 feet which meets the minimum standard The average lot width is 121 feet which exceeds the minimum standard of 90 feet Access. Circulation and Parkins Access to the site is proposed at three locations Pioneer Road (public street) would be extended northwesterly from Pioneer Way along the proposed intermediate school site frontage where it will cul -de -sac A private vehicle gate system and "A" Street (private) is proposed opposite the cul -de- sac which would provide access to the residential lots "A" Street would extend across the site and connect with a second vehicle gate system with access to Peters Canyon Road The third access point is proposed at the westerly terminus of Peters Canyon Road with another vehicle gate system to provide access to 16 residential lots and the equestrian center site MI vehicle gate systems provide adequate stacking and turn around areas consistent with applicable standards and are acceptable to the Engineering Division •� • City Council Report ZC 97 -001, Amend ETDA #4 & TT 14396 August 18, 1997 Page 6 Existing emergency access is provided at the westerly terminus of Peters Canyon Road to Lower Lake Drive in the unincorporated area of the county New emergency access is proposed at the south end of the project which connects "B" Street to Township Drive. A private equestrian trail is proposed adjacent to "A Street connecting to the existing regional equestrian/hiking trail at both Peters Canyon Road and Pioneer Way Access to the school site is identified on the landscape concept plans with three driveways between Pioneer Way and the proposed cul -de -sac and vehicle gates. All- streets within the vehicle gate systems are proposed to be private and maintained by the Homeowner's Association. Streets "A" - "0" are proposed to be 28 feet flow line -to -flow line with rolled curbs. On -street parking would not be permitted with a 28 foot wide dimension. Streets "P" - "R" are proposed to be 32 feet flow line -to flow line with rolled curbs. Parking would be permitted on one side of the street only with a 32 foot dimension. No sidewalks are proposed within the private portion of the project. The ETSP requires three enclosed garage spaces and two guest spaces per unit. Since no actual homes are proposed at this time, full compliance with the parking requirements can not be determined and would need to be deferred to actual development of the individual lots. However, the proposed street system would not accommodate parking on either side of the streets, except of Streets "P" - `R' which would accommodate parking on one side of the street. The burden of providing adequate guest parking is proposed to be placed on the future home owner. With an increase of only four feet in width, parking could be accommodated on one side of the street to satisfy the guest parking requirements. The Planning Commission included Condition 2.9 in Resolution No. 3539 recommending approval of the Tentative Tract Map to widen Street A" to a minimum width of 32 feet to accommodate parking on at least one side of the street. A deed restriction would also be required on all lots with access to Streets "B" - "0" indicating that all parking requirements shall be satisfied on -site. Tract 13627 identified two potential future roadway connections, which were recorded as reservation lots to the unincorporated area to the west of the project and the ETSP boundary A reservation lot was provided for the potential connection of Pioneer Road west connecting with Foothill Boulevard, and the potential extension of Peters Canyon Road west connecting with Lower Lake Drive. Conditions of the ETSP required a joint study by the city and county to determine their necessity prior to the implementation of any connection. The County of Orange undertook such as study, with the concurrence of the City's Public Works Department, and determined that the connections would not be warranted. As a result, the County of Orange removed these potential connections from the Master Plan of Arterial Highways. City Council Report ZC 97 -001, Amend ETDA #4 & TT 14396 August 18, 1997 Page 7 Based upon the county's action, the proposed project would eliminate the Foothill Boulevard extension reservation lot. The Lower Lake Drive extension reservation lot will be replaced with an emergency access easement. As previously mentioned, an emergency access drive currently exists in this area. Deviations from City Street Standards: The applicant has requested that the Building Official grant the following deviations from the City's street improvement standards: • Reduce the minimum 25 mile per hour design speed to 17 to 21 miles per hour on 10 of the 18 streets; • No sidewalks adjacent to the private streets and drives (i.e. Streets "A" - "R "); • No cul -de -sac at the terminus of Streets "D ", `G" and "I" and, • Provide 15 foot high street lights with no arms with a maximum spacing of 200 feet. The City's Grading Manual suggests consideration to allow deviations from the street standards to minimize grading impacts where adequate road safety requirements can be met. The traffic analysis included as Appendix C to EIR 85 -2 Addendum No. 7 considered sight distance requirements at intersections and indicated that adequate visibility zones have been designated with the reduced design speeds. The Planning Commission included Condition 3.9 in Resolution No. 3539 to require additional traffic control devices, such as signs, reflectors, all way stops at appropriate intersections, should a conflict be found to exist. The request to not provide sidewalks is based upon the applicant's desire to provide a rural environment. An eight foot wide equestrian trail is proposed adjacent to "A" Street which would provide the opportunity for alternative access to pedestrian paseos through the development. Given the relatively low volume of traffic anticipated with the development, the elimination of the sidewalks within the private portions of the streets can be supported. The elimination of the cul -de -sacs would not preclude emergency access and overall vehicular circulation on Streets "D ", "G" and "I" as hammerhead design elements have been provided in these areas to provide adequate maneuverability The light standards would allow the applicant to establish a unique rural character for the area while still providing adequate lighting for safety Hillside Review The property is located within the Hillside District of the ETSP and is subject to Hillside Review in accordance with the City's Grading and Excavation Code. On August 11, 1997, the Planning commission approved the Hillside Review for the project. In addition to the discussion below, the applicant has prepared a scale model to illustrate the proposed grading (Attachment C). The model will be on display at the public hearing. • City Council Report ZC 97 -001, Amend ETDA #4 & TT 14396 August 18, 1997 Page 8 Overall, the conceptual grading plan has been designed in accordance with the criteria and guidelines for the Hillside District established in Section 10.0 of the City's Grading Manual, with the exception of the school site. Generally, these guidelines require the grading to blend with the natural topography, create undulating topography on man-made slopes and preserve the integrity and character of the natural environment. The proposed conceptual grading for the school site has been designed with five (5) graded pads with a two percent cross fall which runs west to east. The elevation difference between the pads range from approximately two to four feet. While the necessity to provide large flat pads for school development to accommodate field sports and buildings is recognized, this type of grading would not be appropriate for residential development and is discouraged by the Grading Manual. As previously mentioned, provisions have been included in the Development Agreement Amendment that would require the developer to regrade the site as appropriate for Estate Density Residential development should a school not be constructed on this site. Generally, the proposed grading treatment along the western boundary will have minimal impact on the adjacent properties. The majority of the grading would be below the existing boundary elevation. Many slope areas along the western boundary, such as a portion of Lots CC and DD would be left in a natural condition and include some of the existing eucalyptus trees. Slope Warranty Program: Pursuant to provisions of the Grading Manual, the applicant shall be required to enter into a Slope Repair Agreement with the city This Agreement covers all man-made slopes equal to or greater than five feet in vertical height, with an average slope of at least 25 percent, and designates the developer and/or the future Homeowner's Association as solely responsible for making emergency repairs on any failed slopes that may occur during the first three years. After three (3) years, it would be the responsibility of the actual property owner to repair any failed slopes. The slopes anticipated to be covered in the initial Slope Repair Agreement are highlighted in the Slope Warranty Map on Sheet A -7 The Planning Commission included Conditions 4 1 and 4.2 in Resolution No. 3540 approving the Hillside Review application to require the recordation of the Slope Repair Agreement prior to the issuance of any grading permits. • City Council Report ZC 97 001, Amend ETDA #4 & TT 14396 August 18, 1997 Page 9 Landscaping The conceptual landscape plan meets the requirements of the ETSP and is consistent with the City's landscape guidelines The proposed landscaping consists of a vanety of evergreen and deciduous trees, shrubs, vines and ground covers intended to enhance the project and minimize visual impacts The project entry is highlighted by California Pepper and Eucalyptus trees The backbone street system is proposed to be lined with Eucalyptus and Peppers with accents of Sycamore and Cedar trees The California Pepper would be used in the pedestrian paseos Landscaping is proposed for the manufactured slopes consistent with the City s Grading Manual The Orange County Fire Authonty is requiring a fuel modification plan for the natural and landscaped areas to protect the future residents from wildfires Pnmanly, the fuel modification plan would require thinning and removal of dead native plant materials (i e trees, shrubs and grasses) The fuel modification plan would also establish various planting zones within specified distances to the future residences which would be planted and irrigated to provide a transition from the natural area to the future residence The primary fuel modification zones would be established on Lot "AA" below Lots 109 -112, and on Lot `BB" below Lots 79 -85 Reforestation Plan The descnptions in the ETSP for Sectors 4 and 5 (pages 2 -33 and 2 -34) establish a policy to develop a Eucalyptus Grove Preservation Plan Therefore, Condition 4 3 of Planning Commission Resolution No 2603 approving Tract 13627 was adopted in May of 1989 to require that a Eucalyptus Preservation Plan be prepared to identify where preservation is feasible and techniques for revegetation of the Eucalyptus grove In December of 1990, Urban Forestry Consultants prepared such a report This report has been updated to reflect the proposed development plans The report indicates that of the 20,000+ trees contamed within the project site, approximately 488 have been identified for preservation Areas of reforestation have been identified on Lots "AA" - "EE" and along the western project boundary The Reforestation Plan recommends the use of one - gallon forestry liners at 20 feet on center for those areas designated to be replanted This would allow the plants to adapt to the soil conditions and establish themselves quicker The reforestation effort would also be supplemented with thought tolerant plant matenals with consideration to the Fuel Modification requirements of the Orange County Fire Authonty The reforestation efforts would be completed with the landscaping proposed for the street system and man-made slopes *Th City Council Report ZC 97 -001, Amend ETDA #4 & TT 14396 August 18, 1997 Page 10 The conceptual landscaping plans and reforestation areas do not identify the actual numbers of trees to be preserved and retained at this level. The actual quantities of trees and other plant materials will be determined at plan check with the review of the final landscaping and irrgation plans at plan check. The intent of Condition 4.3 of Planning Commission Resolution 2603 was for the reforestation plan to be a one -to -one replacement, therefore, a condition of approval has been included to require a reforestation plan to include a minimum of 20,000 trees, which represents a one -to -one replacement. However, the slopes should not be over planted which could result in unhealthy and unstable trees as they compete for root area and sunlight. Although attractive from a — distance, the existing conditions of the trees on the site present concern over fire safety and structural integrity These conditions are not desired to be recreated. Provisions have been included to satisfy the 20,000 free minimum requirement by providing trees on adjacent and other city properties such as the community park sites along Tustin Ranch, Pioneer and Jamboree Roads or the neighborhood parks on Pioneer Road to help mitigate the loss of the Eucalyptus groves and ensure that the reforestation efforts made would result in attractive and safe conditions Conditions of approval related to the determination of the actual amount of trees and/or value of trees were included in Planning Commission Resolution No. 3540 approving the Design Review for the project. Coastal Sage Scrub: The City of Tustin is a participant in the State of California Resources Agency s Natural Community Conservation Plan (NCCP), which was adopted to protect and manage natural habitat supporting a broad range of plant and animal populations that are found within the region. Coastal sage scrub has been identified within the site on the hillside slopes. However, the property is not located within the Reserve System, as defined by the NCCP approved by the U.S. Fish and Wildlife Service on July 16, 1996. Since the property is not located within the Reserve System, removal of coastal sage scrub from this property is authorized under a permit to The Irvine Company as a participating landowner in the NCCP Program. Environmental Analysis Based upon review of the proposed project and Environmental Impact Report (EIR) 85 -2, as amended, Addendum No. 7 (Attachment E) has been prepared to comply with the California Environmental Quality Act (CEQA). Pursuant to Section 15146 of the CEQA State Guidelines, an addendum is required for this project in that: A. Only minor technical changes to the trip generation tables of EIR 85 -2, as amended, are required to make the EIR adequate; and, • • City Council Report ZC 97 001, Amend ETDA #4 & TT 14396 August 18, 1997 Page 11 B Minor text and map changes to the East Tustin Specific Plan and changes to the East Tustin Development Agreement do not raise new issues about significant effects on the environment which have previously been discussed and mitigated in EIR 85 -2, as amended The traffic analysis prepared as part of Addendum No 7 indicates that the densities permitted under the proposed Land Use Amendments and the proposed development plans would generate approximately 574 fewer Average Daily Trips than the existing land use designations This represents an approximate 3 2 percent reduction in ADT in this portion of the Specific Plan area Daniel Fox, AICP Senior Planner EAB:DFbrTT14396 Attachments Elizabeth A Binsack Community Development Director A - Location Map B - Submitted Plans C - Scaled Model of Grading Concept D - Planning Commission Resolution No 3539 E Addendum No 7 to EIR 85 -2 F - Ordinance Nos 1185 & 1186, Resolution Nos 97 -85 and 9786 ATTACHMENT A LOCATION MAP T �v T. 41T _. • ATTACHMENT B SUBMITTED DEVELOPMENT PLANS S 011,@DT 1 I I, !' I VD Il. 14lc'I,.1 :IiWI II' " Illllll1 1 Ili1" l n Z Ina) I'i III!1',!',Ilhl,l .I l 111111, 1 ill/ 4I 11111 I II _,• �� II i H'--, PI Ilil!II'I,!, 11i.ii`l; 'FM 1:i Ili di ,I Y ��''s Q' 0 I;P'�'"!lllai 11111,1110.I� I 1 •!7 \ k . I yy 11111 11 liiii Is! I'III .I _ I°li II l \ -Id dLul lnl. Iii.IL'LJl,lp 11 II i. I,g„ i �•. f1`iP' �: H TUSTIN RANCH E TES TENTATIVE TRACT NO 14396 CONCEPTUAL GRADING SECTIONS TION A A CTION B -B SECTION C -C 1 I ntssie ;ECTION D -D SECTION K K SECTION 1{ SECTION M-M SECTION N -N SECTION L SECTION F -F SECTION N -H LEGEND • TENTATIVE TRACT NO. 14396 r - _._ _0Th USTIN RANCH ESTATES TENTATIVE TRACT NO 14396 CONCEPTUAL GRADING SECTIONS SECTION I'0 -0' SECTION 'P -P' SECTION '0 -0' SECTION 'R R' SECTION '5 -5' TYPICAL ALTERNATE SLOPE SECTION T-T LEGEN0 TENTATIVE .TRACT NO. 143% .• • TUSTIN RANCH ESTATES TENTATIVE TRACT NO 14396 CONCEPTUAL GRADING ENLARGEMENTS r® I at TENTATIVE TRACT �R Y NO 14396 •1 TUSTIN RANCH ESTATES TENTATIVE TRACT NO 14396 CONCEPTUAL GRADING ENLARGEMENTS tn: _ =wane arta‘t mean usmaaaubosn TENTATIVE TRACT NO. 14396 � � I hA r IUS� N RA140H,ESTATSS ta3OR P110.IECY ENTRY r�. m TU TCNMMUNITY RANCHUESTA SECONDARY PROJECT ENTRY ESTATE LOTS IRVINE COMMUNITY BUILDERS TUSTIN RANCH ESTATE LOTS Rfsw' PRODUCTION LOTS AND EQUESTRIAN CENTER ENTRY PFit r/t- d 3m6 T"-Sy 7 l- PPNuN6 ?19rV filer f, s �Z(GDd'rie//� cPN7F�7°� INS, M/y THERA F. T '` dk1, nW I wfC MAwte y/772, \ 1rt(-77 ja/N/ age 7Wlc - ratify y A. OrnicrecnaN Go{S HRP LANDESIGN • N OWE_ Gpp 1 ^ l fi_o ERS � A IR 1:*i Ckk EST 1t S TEt\AEO S PW E BOND - P{PGP� GaNGEP � P l_P N p p SEGI10N t,"4""Pte tra'so>5 stos • ATTACHMENT C SCALED MODEL OF GRADING CONCPET THE APPLICANT HAS PREPARED A SCALED MODEL ILLUSTRATING THE CONCEPTUAL GRADING FOR THE PROJECT THE MODEL WILL BE ON DISPLAY AT THE PUBLIC HEARING FOR THIS PROJECT THE MODEL IS ALSO AVAILABLE FOR PUBLIC REVIEW DURING NORMAL BUSINESS HOURS AND IS ON FILE WITH THE COMMUNITY DEVELOPMENT DEPARTMENT AT TUSTIN CITY HALL COMMUNITY DEVELOPMENT DEPARTMENT 300 CENTENNIAL WAY TUSTIN, CA 92780 (714) 573 -3105 •m Sm ATTACHMENT D PLANNING COMMISSION RESOLUTION NO 3539 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO 3539 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP NO 14396 LOCATED ON LOTS 12, 13, 24 AND 25 OF TRACT 13627 IN THE VICINITY OF TUSTIN RANCH ROAD, PIONEER WAY AND PETERS CANYON ROAD The Planning Commission of the City of Tustin does hereby resolve as follows I The Planning Commission finds and determines as follows A That Tentative Tract Map No 14396 was submitted to the Planning Commission by The Irvine Company _for consideration,- -- B That a public hearing was duly called, noticed and held for said map on August 11, 1997 by the Planning Commission, C That Environmental Impact Report 85 -2, as amended, for the East Tustin Specific Plan, has been recommended for certification with Addendum No 7 in conformance with the requirements of the California Environmental Quality Act, D That Zone Change 97 -001 and the Fourth Amendment to the East Tustin Development Agreement have been recommended for approval so that the proposed subdivision will be in conformance with the Tustin Area General Plan, East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development, E The 1 4238 acres of parkland required for this development was previously dedicated with recordation of Tract 13627, F That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, for the impact of Tentative Tract 14396 on School District facilities, and changes in State law The impacts associated with this approval on School District Facilities are adequately addressed, G That the site is physically suitable for the type of development proposed, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • Resolution No 3539 Page 2 H That the site is physically suitable for the proposed density of development; • 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, 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; and, L The project has been determined to be exempt from the provisions of Measure "M" because entitlements specified in the East Tustin Development Agreement entered into in 1985, and the estimated project generated traffic does not cause the roadway system to exceed established levels of service standards II The Planning Commission hereby recommends that the City Council approve Tentative Tract Map No 14396, subject to the conditions contained in Exhibit A attached hereto PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of August -997 arir 2 ece%/1.7VR-Lcac LIZABETH A BINSACK' Planning Commission Secretary HOWARD Chairman ZMAN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No 3539 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF TUSTIN • I, ELIZABETH A BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No 3539 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of August, 1997 ELIZABETH A BINSACK Planning Commission Secretary • •� EXHIBIT A TENTATIVE TRACT MAP 14396 RESOLUTION NO 3539 CONDITIONS OF APPROVAL GENERAL (1) 1 1 Within 24 months from tentative map approval, the Subdivider shall record 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) 1 2 Prior to release of any permits, all conditions of approval of Design Review 96 -054 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No 3539 and incorporated herein by reference (1) 1 3 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development Agreement (and amendments thereto), EIR 85 -2, and applicable conditions for Tentative Tract Map 13627 (1) 1 4 The cumulative number of residential units for which (2) certificates 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 Plan Development Agreement (5) 1 5 The subdivider shall be required to execute Subdivision/ Monumentation Agreements and provide improvement /monu- mentation Bonds to the City prior to recordation of the final map SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE /S (7) PC /CC POLICY (4) DESIGN REVIEW * ** EXCEPTION • Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 2 (1) 1 6 Prior to final map approval, the subdivider shall submit A A current title report; B A duplicate mylar of the Final Map, or 81/2 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; and C A list of street names to be approved by_the City of Tustin Street Naming Committee (4) 1 7 Approval of Tentative Tract Map 14396 is contingent, upon the execution of the Fourth Amendment to the East Tustin Development Agreement and approval of Zone Change 97 -001 by the City Council (1) 1 8 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project PUBLIC /PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 2 1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and construct or post security (3) guarantying construction of all public and /or private, (6) infrastructure_improvements within the boundary of said tract map in conformance with applicable City standards A separate 24" X 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right -of -way Construction and /or replacement of any missing or damaged public improvements will be requried adjacent to this development Said plan shall include, but not be limited to the following A Curb and gutter /cross gutters B Sidewalks including access facilities for physically handicapped persons C Drive aprons /approach D Signing and striping plan E Street paving F Street lighting G Catch basin /storm drain laterals /connection to existing storm drain system H Domestic water facilities •Th •� Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 3 I Reclaimed water facilities J Sanitary sewer facilities K Landscaping /irrigation facilities J Underground Utility connections (i.e., gas, electric, telephone, and cable T V facilities) K Fire hydrants In addition, a 24" X 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required (1) 2 2 The amount of acceptable security for construction of (5) 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) 2.3 All changes in existing curbs, gutters, sidewalks (5) and other public improvements shall be the responsibility of subdivider (1) 2.4 Preparation of plans for and construction of. (2) (5) 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 designed and installed to the standards of the Irvine Ranch Water District or City of Tustin Water Department, whichever is applicable at the time of plan preparation Improvement plans shall also be reviewed and approved by the Orange County Fire Authority 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 meet the standards as required by the Irvine Ranch Water District • Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 4 C Sewer and water facilities shall be clearly indicated as publicly maintained Maintenance access to water facilities shall be the responsibility of the Homeowner's Association, and accommodations for such access shall be established prior to building permit issuance (1) 2 5 Proposed streets shall be designed to the following (5) specifications (6) A All proposed streets and drives shall be designed in substantially the same width and alignment as shown on the approved tentative map unless modified and approved by the Directors of Community Development and Public Works B All streets shall be constructed in accordance with City requirements in terms of type and quality of materials used where practical C Parking shall be prohibited within cul -de -sacs, curves and along entry Streets "A" and "P" Signage and /or red curbing shall be installed where appropriate (1) 2 6 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized (5) 2 7 In addition to the normal full size plan submittal process, all final development plans including, but not limited to tract maps, parcel maps, right -of -way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department /Engineering Division in computer aided design and drafting (CADD) format The acceptable formats shall be Integraph DGN or AutoCad DWG file format, but in no case less than DXF file format The City of Tustin CADD conventions shall be followed in preparing plans in CADD, and these guidelines are available from the Engineering Division The CADD files shall be submitted to the City at the time the plans are approved, and updated CADD files reflecting as built" conditions shall be submitted once all construction has been completed • Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 5 (5) 2 8 The Subdivider shall submit two (2) copies of the Notice of Intent for the NPDES construction permit, as submitted to the State of California Water Resources Control Board (one copy to Community Development Department /Building Division and one to the Public Works Department /Engineer- ing Division) * ** 2 9 Street "A" shall be widened to a minimum of 32 feet flow line -to -flow line A deed restriction shall be recorded on all lots with access to Streets "B " - "O" indicating that all parking shall be provided on -site, subject to the approval of the City Attorney and Community Development Department Said parking areas shall be identified on the site plan, street improvement plans and final map, as approved by the Community Development Department (5) 2 10 Both horizontal and vertical intersection sight lines will need to be provided per OCEMA Standard 1117 for all affected streets The sight lines need to be shown on the grading and landscaping plans All landscaping within the limited use area will need to comply with Standard No 1117 (5) 2 11 Catch basins will be required at the intersection of "P" Street /Peters Canyon Road and at "A" Street /Peters Canyon Road to eliminate the need for cross gutters (5) 2 12 Any modifications or construction affecting the existing Regional Trails between Tustin Ranch Road /Portola Parkway and the Peters Canyon Road cul -de -sac will need to be coordinated through the County of Orange Harbors, Beaches and Parks and will require a permit from the County of Orange Additionally, any modifications to the existing landscaping and irrigation system along this portion of the Regional Trail will need to be coordinated with the City of Tustin Engineering Division and will require a City of Tustin Encroachment Permit DEDICATIONS /RESERVATIONS /EASEMENTS (1) 3 1 The subdivider shall satisfy dedication and /or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street and flood control right -of -way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other agencies • Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 6 (5) 3 2 Dedication of all required sanitary sewer easements to the Orange County Sanitation District will be required prior to or concurrently with the recordation of Final Map 14396 (5) 3 3 A traffic signal will be required at the intersection of Pioneer Way and Pioneer Road The estimated cost of this signal is $150,000 and this tract will be responsible for 50 percent of the cost Prior to the recording the final tract map, the City will require a cash deposit or bond in the amount of $75,000 The cash deposit /bond shall remain in effect for a period of 10 years from the date the final map records, (5) 3 4 The subdivider will be required to coordinate with the County of Orange and provide the necessary easement for the Regional Trail connection between Lot "QQ" of Tract 14396 and the westerly boundary of the Regional Park (5) 3 5 The subdivider shall offer for dedication to the City of Tustin for street purposes a 60 foot wide easement for Lower Lake Drive between the northerly tract boundary and the Peters Canyon Road cul -de -sac, as shown on Tract No 13627 (5) 3 6 Prior to recordation of Final Map 14396, the subdivider shall execute any required drainage agreements to accept drainage from public properties onto private property and /or into private -storm drain systems Said drainage agreements shall be recorded concurrently with Final Tract Map 14396 (5) 3 7 Prior to final map approval by the City Council, the subdivider shall execute a hold - harmless agreement and provide a Certificate of Insurance pursuant to Section 9325 of the Tustin City Code (1) 3 8 Landscape maintenance of all perimeter lots shall be the (5) responsibility of the Homeowners Association (5) 3 9 Should a traffic hazard be found to exist in the future, additional traffic control devices such as signs, reflectors, all way stops at appropriate intersections, shall be installed as determined appropriate by the City's Building Official and Traffic Engineer and at the expense of the developer and /or Homeowner's Association Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 7 CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT -OF -WAY (1) 4 1 Prior to recordation of the final map, subdivider shall (2) post with the Community Development Department a minimum (5) $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean -up 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) 4 2__Any damage done to existing street improvements- and (5) utilities shall be repaired before acceptance of the tract and /or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision (1) 4 3 Prior to any work in the public right -of -way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department GRADING /GENERAL (1) 5 ]. Prior to issuance of grading permits (2) (5) A A detailed soils 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 The applicant shall submit a grading plan subject to approval by the Department of Community Development delineating the following information 1 Methods of drainage in accordance with all applicable City standards 2 Recommendations submitted and approved by a geotechnical or soils engineer 3 Compliance with conceptual grading shown on tentative tract map 4 A drainage plan and necessary support documents, such as hydrology calculations, to comply with the following requirements Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 8 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 tributary 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 A note shall be placed on the plans that a qualified paleontologist /archaeologist, as appropriate shall be present during rough grading operations If resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/ archaeologist subject to review and approval by the Departments of Public Works and Community Development All "finds" shall be reported immediately to the Department of Community Development The paleontologist/ archaeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 9 C The applicant shall prepare 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 Said plan shall be reviewed and approved by the Community Development Department D Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works All construction access shall be through Street "A" or Street "P" as no other temporary construction access will be permitted E The applicant shall prepare a hydrology and hydraulic calculations for this subject tract Said plan shall be reviewed and approved by the Public Works Department F The applicant shall incorporate any and all mitigation measures into the grading and landscaping plans related to the removal of coastal sage scrub from the property in accordance with permits issued to the applicant from the U S Fish and Wildlife Service related to the NCCP Program (1) 5 2 All earthwork shall be performed in accordance with the (3) City of Tustin Municipal codes and grading requirements (1) 5 3 Prior to the recordation of a final map the applicant (5) shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) that identifies the application and incorporation of those routine structural and non- structural Best Management Practices (BMPs) and detailing implementation of the BMPs not dependent on specific land uses (1) 5 4 Prior to issuance of grading, grubbing and clearing or (5) paving permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Storm water Permit for General Construction Activities from the State Water Resources Control Board Evidence that this has been obtained shall be submitted to the Building Official Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 10 FIRE AUTHORITY (5) 6 1 Prior to the recordation of the final tract map, or issuance of grading permit, whichever occurs first, an emergency access road from Lower Lake Drive to Peters Canyon Road on Tract 13627 shall be provided The access road shall meet the requirements of the City of Tustin and the Orange County Fire Authority for roadway width, surface and gate obstructions (5) 6 2 The maximum grade for a fire apparatus access road shall not exceed 10 percent Gradient may be increased to a maximum of 15 percent when all structures served by the access road are protected by an approved automatic fire sprinkler system, A portion of "C" Street is shown with a 12 percent grade A portion of "H" Street is shown with a 14 percent grade Prior to the issuance of building permits on Lots 73 - 82, as well as, Lots 106 - 109, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation This system shall be operational prior to the issuance of a Certificate of Use and Occupancy (5) 6 3 Water Improvement Plans - Prior to the recordation of a subdivision map, the subdivider shall submit water improvement plans to the Fire Chief for review and approval to ensure that adequate fire protection and financial security is posted for the installation The water system design location of valves and the distribution of the fire hydrants will be evaluated and approved by the Fire Chief (5) 6 4 Fire Hydrants - Prior to the recordation of any subdivision map or the issuance of any building permits, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on -site fire hydrant system and indicate whether it is public or private If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits Provisions shall be made by the applicant for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief •Th Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 11 (5) 6 5 Fire Access - Prior to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief for all fire protection access easements and shall dedicate them to the City The CC &R's shall contain provisions which prohibit obstructions within the fire protection access easement The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes within said easement (5) 6 6 Fire Hazard Notification - Prior to -the recordation of a subdivision map, the subdivider shall place a note on the map meeting the approval of the Fire Chief that the property is in a (high /very high) fire hazard area due to wildland exposure (5) 6 7 Fuel Modification A Prior to the recordation of any subdivision map, the applicant shall obtain the Fire Chief's approval, in consultation with the Manager, Environmental and Project Planning, of a conceptual fuel modification plan and program Contact the Orange County Fire Authority Development Review Section at (714) 744 -0477 for requirements and clearance of this condition B Prior to the issuance of any grading permits, the applicant shall obtain the Fire Chief's approval, in consultation with the Manager Environmental Project Planning, of a precise fuel modification plan and program The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation Include the method (mechanical or hand labor) for removal of combustible vegetation and the planting of drought tolerant fire resistant plants C Prior to the issuance of building permits, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 12 D Prior to the issuance of any certificate of use and occupancy, the remainder of the fuel modification shall be installed and completed under the supervision of the Fire Chief Further, the installed fuel modification shall be established to a degree meeting the approval of the Fire Chief The CC &R's shall contain provision for maintaining the fuel modification zones including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year (5) 6 8 Street Plans - Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line All proposed fire apparatus turnarounds shall be clearly marked when a dead -end street exceeds 150 feet or when other conditions require it (5) 6 9 Street Markings A Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown The plans shall indicate the locations of red curbing and signage A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief B Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed The CC &R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes A method of enforcement shall be included (5) 6 10 Access Gates - Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approval of the construction details for any access gate Contact the Orange County Fire Authority Plan Review Section at (714) 744 -0403 for a copy of the "Guidelines for Fire Authority Emergency Access" Om Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 13 (5) 6 11 Combustible Construction Letter - Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for fire fighting purposes and an all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site (5) 6 12 Water Availability - Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief (5) 6 13 Fire Sprinkler System - Prior to the issuance of any building permits on those lot(s) determined applicable by the Fire Chief, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation This system shall be operational prior to the issuance of a certificate of use and occupancy (5) 6 14 Fire Hydrant Markers - Prior to the issuance of any certificates of use- and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief On private property these markers are to be maintained in good condition by the property owner NOISE (5) 7 1 All construction operations, including engine warm -up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7 00 a m and 6 00 p m , Monday through Friday, and between 9 00 a m and 5 00 p m on Saturday, unless otherwise determined by the Building Official (5) 7 2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official • Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 14 CC &R'S (1) 8 1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, covenants, conditions, and restrictions 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 recordation CC &R's shall include but not be limited to the following provisions A The City shall be included as a party to the CC &R's for enforcement purposes of those CC &R provisions in which the City has interest, as reflected in the following provisions However, the City shall not be obligated to enforce the CC &R's B The requirement that association bylaws be established C Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences, private roadways (i e , walks, sidewalks, trails) and paseos D Membership in any Homeowner's Association shall be inseparable from ownership in individual lots E Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna F Maintenance standards shall be provided for applicable items listed in Section C above in CC &R's Examples of maintenance standards are shown below Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 15 1 All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris and weeds All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances tb neighboring properties All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures 2 All private roadways, sidewalks and paseos shall be maintained so that they are safe for users Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel ways should be removed or repaired promptly In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times 3 Common areas shall be maintained 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 cause harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property may also be added as alternative language G Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department All plans for exterior improvements shall conform to requirements set forth by the City and the CC &R's Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 16 H Residents shall not store or park any non - motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking space, driveway or private street area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions There shall be no parking of any kind on driveways that are less than 19 feet in length Individual units shall not have separate external 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 prewired and served by an underground cable antenna service provided by a company licensed to provide such service within the city J All utility services serving the site shall be installed and maintained underground K The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC &R violations L Disclosure information related to aircraft noise Impacting the subdivision, as approved by the City of Tustin Community Development Department M The Association shall be responsible for establishing and following procedures for providing entry gate access to the public utilities for maintenance of their facilities within the project area, subject to those agencies' approval N No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall (include if the wall is located on private property) or other CC &R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to • Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 17 enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department O Disclosure to all future homeowners and purchasers of property that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner's unit, and that the City of Tustin makes no claim, warranty or guarantee that views from any unit will be preserved as development of surrounding properties occurs P Maintenance of all slopes and drainage devices on individual lots within fenced yard areas shall be the responsibility of the individual property owner Q Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement R Individual property owners shall park vehicles in garage spaces Storage of personal items may occur in the garages only to the extent that vehicles may still be able to be parked within the required garage spaces S Disclosure to all future homeowners and purchasers of property that El Toro Marine Base may be developed with a commercial airport which may effect the project with aircraft overflights T Disclosure to all future homeowners and purchasers of property that any use of the individual residences for a business shall be subject to the City's requirements for a Home Occupation Permit U Disclosure to all future homeowners and purchasers of property information related to parking requirements required by the East Tustin Specific Plan Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 18 HOMEBUYER NOTIFICATION s (1) 9 1 Prior to issuance of Certificate of Occupancy A A document separate from the deed shall be prepared which will be an information notice to future homebuyers of aircraft noise impacting the subdivision The notice shall further indicate that additional building upgrades may be necessary for noise attenuation This determination is to be made as architectural drawings become available and /or where field testing determines inadequate noise insulation B 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) Advice to homebuyers that proposed school sites may never be constructed C The Subdivider shall provide the City with a statement which must be signed by each homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development, including the Eastern Transportation Corridor D The developer shall provide the City with an information notice to future homeowners of lots that have above ground utilities or structures (such as light standards and fire hydrants) located within a public utility easement identifying the type of structure and their locations E The developer shall provide the City with an information notice, as approved by the City Attorney, indicating that El Toro Marine Base may be developed with a commercial airport which may effect the project with aircraft overflights Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 19 F The developer shall provide the City with an informational notice, as approved by the City Attorney, indicating that any use of the individual residences for a business shall be subject to the City's requirements for a Home Occupation Permit (1) 9 2 Subdivider shall notify all potential homebuyers of the (5) following liens and Assessment /Maintenance Districts affecting the property A Reassessment District No 95 -2 B City of Tustin Landscaping and Lighting District as amended C That the project is located within a Mello Roos District FEES (1) 10 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 the City's responsibility excluding those financed by an Assessment District (1) 10 2 Prior to recordation of the final map, 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 Reassessment District No 95 -2 (1) 10 3 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to the following Payment shall be required based upon those rates in effect at the time of payment and are subject to change A Building plan check and permit fees to the Community Development Department based on the most current schedule B Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule C New development fees to the Community Development Department S Exhibit A TT 14396 - Conditions of Approval Resolution No 3539 Page 20 D Major thoroughfare and bridge fees to the Tustin Public Works Department E School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant F Water and sewer connection fees to the Irvine Ranch Water District 10 4 Within forty -eight (48) hours of approval of the subject -- project,- the applicant-- shall- deliver to- the-- Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38 00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project If within such forty -eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened ATTACHMENT E ADDENNDUM NO 7 C4 U w r w X04 <1- 2Jz Ww ct / a � w c_� \ � I% kw �z c 0 IL >_ mg 22R �� «o co e �?w ke «�to r� w \0_ �«cn\ O2 �m .. § /z�2 § dI N. 5w 2wz?'e CC I- p0° u)11 �co� 220 ZZ D�or — o/uj §2R -R 2cc Oft 2 w = ��2 ER§ 5 z0i kip 0 0E I k 0>u I- ®_1 ce r zg� CO� § oO. Et Owo 0D- «co o oaLT_ i