HomeMy WebLinkAboutCC RES 14-14RESOLUTION NO. 14 -14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING CONCEPT PLAN 2013-
002, TENTATIVE TRACT MAP 17507, AND DESIGN REVIEW
2013 -006 FOR THE DEVELOPMENT OF 375 RESIDENTIAL
UNITS WITHIN PLANNING AREA 15 OF NEIGHBORHOOD G
OF THE MCAS TUSTIN SPECIFIC PLAN.
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. That proper application has been submitted by Standard Pacific Corp. for
the development of 375 residential units, a focal park and other
neighborhood amenities on approximately 78 acre site currently owned by
the City of Tustin within Planning Area 15 of the MCAS Tustin Specific plan.
B. That the development application includes the following requests:
1. Specific Plan Amendment 2013 -002, an amendment to the MCAS
Tustin Specific Plan to allow guest parking be provided on private local
streets.
2. Concept plan 2013 -002 to develop 375 residential units and ensure
necessary linkages are provided between the development project, the
integrity of the specific plan and purpose and intent of the
neighborhood is maintained, and applicable city requirements are
identified and satisfied.
3. Tentative Tract Map 17507 to subdivide an approximately 78 acre site
into 376 numbered lots and 75 lettered lots for the development of 375
single family detached units, a focal park, and other neighborhood
amenities.
4. Design Review 2013 -006 for the design and site layout of 375 single
family detached units, a focal park, and other neighborhood amenities.
5. Development Agreement 2013 -003 to facilitate the development and
conveyance of an approximate 78 acre site within the boundaries of
MCAS Tustin Specific Plan.
6. Disposition and Development Agreement 13 -03 between the City and
Standard Pacific Corporation (Developer) in which the terms and
conditions of the sale of the City -owned property is specified. The
terms and conditions address, at a minimum, the following: purchase
Resolution No. 14 -14
Page 1 of 7
price, the Developer's Scope of Development, and a defined Schedule
of Performance.
C. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within Planning
Area 15 of Neighborhood G; and designated as MCAS Tustin by the Tustin
General Plan. In addition, the project has been reviewed for consistency with
the Air Quality Sub - element of the City of Tustin General Plan and has been
determined to be consistent with the Air Quality Sub - element.
D. That MCAS Tustin Specific Plan Section 4.2.9 requires all private
development at MCAS Tustin to obtain a Development Agreement in
accordance with Section 65864 et seq. of the Government Code and
Sections 9600 to 9619 of the Tustin City Code. In compliance with Tustin City
Code Section 9611, the Tustin Planning Commission must make a
recommendation on the proposed Development Agreement to the City
Council. The Development Agreement can be supported by the following
findings:
1. The project is consistent with the objectives, policies, general land uses
and programs specified in the General Plan and the MCAS Tustin
Specific Plan in that residential uses are permitted uses within Planning
Area 15 of Neighborhood G.
2. The project is compatible with the uses authorized in the district in
which the real property is located (Planning Areas 15) in that similar
and compatible uses are envisioned within the close proximity of the
project site
3. The project is in conformity with the public necessity, public
convenience, general welfare, and good land use practices in that the
project would provide 375 various styles of new housing units for new
and existing Tustin residents thereby providing additional option of
housing types to the City's housing stock.
4. The project will not be detrimental to the health, safety, and general
welfare. The project will comply with the MCAS Tustin Specific Plan,
Tustin City Code, and other regulations to ensure that the project will
not be detrimental in any way.
5. The project will not adversely affect the orderly development of property
in that the proposed project is orderly, well designed, and equipped with
necessary infrastructure and amenities to support existing and future
residents and businesses in Tustin Legacy.
6. The project will have a positive fiscal impact on the City in that the
provisions of the proposed Development Agreement and conditions of
Resolution No. 14 -14
Page 2 of 7
approval will ensure that the project will have a positive fiscal impact on
the City.
E. That the proposed development consists of detached single family homes
and the MCAS Tustin Specific Plan requires 0.5 spaces of unassigned
guest spaces per unit; however, Table 3 -4 of the MCAS Tustin Specific
Plan only allows not more than fifty (50) percent of the guest parking
spaces required may be fulfilled with on- street parking on private and
public local streets, except where adjoining a publicly accessible park.
F. That an amendment to the MCAS Tustin Specific Plan to allow guest
parking be provided on private streets is consistent with the Tustin
General Plan Land Use Element including the following City goals and
policies for the long -term growth, development, and revitalization of Tustin,
including the MCAS Tustin Specific Plan area:
1. Achieve balanced development.
2. Ensure that compatible and complementary development occurs.
3. Improve city -wide urban design.
4. Promote economic expansion and diversification.
5. Implement a reuse plan for MCAS Tustin which maximizes the
appeal of the site as a mixed -use, master - planned development.
G. That MCAS Tustin Specific Plan Section 4.2.2.A requires the submission of a
Concept Plan prior to or concurrent with the submission of a new
development proposal within Planning Area 15. The project has been found
to comply with the requirements of the MCAS Tustin Specific Plan. After
consideration of the proposed project, the Tustin City Council has determined
that the proposed project complies with the following MCAS Tustin Specific
Plan Concept Plan review criteria. Specifically, the proposed project
depicts:
1. Continuity and adequacy of all circulation systems, such as roads,
access points, trails, pedestrian ways, and other infrastructure systems
needed to serve the project;
2. Continuity and design quality of architecture proposed, as well as
landscape and hardscape theme and treatments;
3. Satisfactory response to the urban design features specified in Chapter
2 and under Planning Area in Chapter 3;
4. Conformity with the Non - Residential Land Use/Trip Budget, including
authorized adjustments (Note: this criteria is not applicable since the
project is a residential use); and,
Resolution No. 14 -14
Page 3 of 7
5. Compliance with other Specific Plan provisions.
H. As conditioned, the TTM 17507 will be in conformance with the Tustin
Area General Plan, MCAS Tustin Specific Plan as proposed to be
amended by Specific Plan Amendment 2013 -002, State Subdivision Map
Act and the City's Subdivision Code as follows:
1. That the site is located in Planning Area 15 of the MCAS Tustin
Specific Plan, which is designated for Residential Core of MCAS
Tustin Specific Plan and that the proposed development as
conditioned will be physically suitable for the type of development
and proposed density of development;
2. The subdivider will be required to provide funding towards the
project's fair share of Tustin Legacy Backbone Infrastructure
Program, which includes improvements that are required to serve
new development at MCAS- Tustin, including but not limited to
roadway improvements; traffic and circulation mitigation to support
development at Tustin Legacy; domestic and reclaimed water;
sewer; telemetry systems; storm drains and flood control channels;
retention and detention systems, open space and public
recreational facilities and; utility backbone systems.
3. That the proposed subdivision would not have an impact on school
district facilities within the Tustin Unified School District in that
school impacts for development were considered in the MCAS
Reuse Plan which identified school facility sites that will be
conveyed to the Tustin Unified School District by the Federal
Department of Education or the City .of.Tustin to serve: development
of property at the former MCAS Tustin. The MCAS Tustin Specific
Plan, and the Final Joint Program Environmental Impact
Statement/Environmental Impact Report (FEIS /EIR) and conditions
of approval of the proposed subdivision also require proof of
payment of appropriate school fees as adopted by the Tustin
Unified School District prior to issuance of certificates of use and
occupancy, which will be collected prior to issuance of building
permits in accordance with the City's procedures;
4. 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;
5. The proposed subdivision is not located within a 100 -year flood
plain according to the Federal Emergency Management Agency
map for the area (2009).
Resolution No. 14 -14
Page 4 of 7
J
-,
L
6. To ensure there is adequate infrastructure to support buildout of the
project, construction of all public infrastructure and in -tract private
streets and utility systems is required within the initial phase of
development.
7. That the Building Official has considered and approved deviations
to Construction Standards for Private Streets, Strom Drain and On-
site Private Improvements to allow flared and shed curb and gutter
within private drives instead of typical 6" curb and gutter standard.
Pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin
Municipal Code, the City Council finds that the location, size, architectural
features, and general appearance of the proposed development will not
impair the orderly and harmonious development of the area, the present or
future development therein, or the occupancy as a whole. In making such
findings, the Commission has considered at least the following items:
1. Height, bulk, and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors, and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and television
antennae.
7. Location, height, and standards of exterior illumination.
8. Landscaping, parking area design, and traffic circulation.
9. Location. and appearance of equipment located outside an enclosed
structure.
1.0. L=ocation and method "of refuse storage.
11. Physical relationship of proposed structures to existing structures in the
neighborhood.
-- 12. Appearance and design relationship of proposed structures to existing
structures and possible future structures in the neighborhood and
public thoroughfares.
13. Development Guidelines and criteria as adopted by the City Council.
J. That a public hearing was duly called, noticed, and held on said
application on December 10, 2013, by the Planning Commission.
K. That a public hearing was duly called, noticed, and held on said
application on January 21, 2014, by the City Council and that the City
Council continued the item to February 4, 2014, and continued it further to
February 18, 2014.
L. That a public hearing was duly called, noticed, and held on said
application on February 18, 2014, by the City Council.
Resolution No. 14 -14
Page 5 of 7
M. That on January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report (FEIS /EIR)
for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City
Council adopted Resolution No. 04 -76 approving a Supplement to the
FEIS /EIR for the extension of Tustin Ranch Road between Walnut Avenue
and the future alignment of Valencia North Loop Road. On April 3, 2006, the
City Council adopted Resolution No. 06 -43 approving an Addendum to the
FEIS /EIR. And, on May, 13, 2013, the City Council adopted Resolution
No. 13 -32 approving a second Addendum to the FEIS /EIR. The FEIS /EIR
along with its Addenda and Supplement is a program EIR under the
California Environmental Quality Act (CEQA). The FEIS /EIR, Addenda and
Supplement considered the potential environmental impacts associated with
development on the former Marine Corps Air Station, Tustin
An Environmental Checklist has been prepared and concluded that these
actions do not result in any new significant environmental impacts or a
substantial increase in the severity of any previously identified significant
impacts in the FEIS /EIR. Moreover, no new information of substantial
importance has surfaced since certification of the FEIS /EIR.
II. The City Council hereby approves Concept Plan 2013 -002, Tentative Tract Map
17507, and Design Review 2013 -006, subject to the conditions attached hereto
as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting on the 18th day of February, 2014. k
ELWYN 4. MURRAY,
Mayor
ATTEST:
rAA 4:�- 4
JEFF E C. ARKER,
City le
Resolution No. 14 -14
Page 6 of 7
1
C
L
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 14 -14 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of
February, 2014, by the following vote:
COUNCILPERSONS AYES: Murray Puckett, Nielsen, Gomez, Bernstein (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
1E PARKER,
PARKER,
Cit Cl rk
Resolution No. 14 -14
Page 7of7
EXHIBIT A
RESOLUTION NO. 14 -14
CONCEPT PLAN 2013 -002, TENTATIVE TRACT MAP 17507
AND DESIGN REVIEW 2013 -006,
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall be compliance with the MCAS Tustin Specific
Plan, Tustin City Code, and City of Tustin Guidelines and Standards and
conform with submitted plans for the project date stamped February 18,
2014, on file with the Community Development Department, except as
herein modified, or as modified by the Director of Community Development
in accordance with this Exhibit. The Director of Community Development
may also approve minor modifications to plans during plan check if such
modifications are consistent with the provisions of the Tustin City Code, and
other applicable codes.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any building permits for
the project, subject to review and approval by the Community Development
Department.
(1) 1.3 Approvals for Concept Plan, Design Review, and Tentative Tract Map
shall become null and void in the event that Specific Plan Amendment
2013 -002 is not approved by the City Council.
(1) 1.4 The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within 24 months. All time extensions may be considered by the Community
Development Director if a written request is within thirty (30) days prior to
expiration date.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) BUILDING CODE
(4) DESIGN REVIEW
Page 1 of 20
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC /CC POLICY
* ** EXCEPTION
(1) 1.5 Approval of project is contingent upon the applicant returning to the
Community Development Department a notarized "Agreement to Conditions Imposed"
form and the property owner signing and recording with the County Clerk- Recorder a
notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The
forms shall be established by the Director of Community Development, and evidence of
recordation shall be provided to the Community Development Department.
(1) 1.6 As a condition of approval of the project, the applicant shall agree, at its
sole cost and expense, to defend, indemnify, and hold harmless the City,
its officers, employees, agents, and consultants, from any claim, action, or
proceeding brought by a third party against the City, its officers, agents,
and employees, which seeks to attack, set aside, challenge, void, or annul
an approval of the City Council, the Planning Commission, or any other
decision - making body, including staff, concerning this project. The City
agrees to promptly notify the applicant of any such claim or action filed
against the City and to fully cooperate in the defense of any such action.
The City may, at its sole cost and expense, elect to participate in defense
of any such action under this condition.
BUILDING PLAN SUBMITTAL
(3) 2.1 At the time of building permit application, the plans shall comply with the
latest edition of the codes (2010 building codes, 2011 Green Building
Code), City Ordinances, State, Federal laws, and regulations as adopted
by the City Council of the City of Tustin.
(1) 2.2 All private on -site design and construction of improvement work shall be
designed and performed in accordance with the applicable portions of the
City of Tustin's "Grading Manual" and "Construction Standards for Private
Streets, Storm Drain and On -Site Private Improvements," except as
otherwise approved by the Building Official. Said plans shall include, but
not be limited to, the following:
A. Curbs and gutters on all streets;
B. Sidewalks on all streets, including curb ramps for the physically
disabled; all sidewalks, pathways, paseos, and trails shall comply
with the provisions of the American with Disabilities Act;
C. Drive aprons;
D. Signing /striping plan;
E. Street lighting;
F. Street and drive aisle paving; all private streets, drive aisles, and
Page 2 of 20
curb return radius shall be consistent with the City's design
standards for private street improvements, unless otherwise
approved by the Building Official, and all roadway and driveway
widths and parking area widths (and lengths where appropriate)
shall be dimensioned on the plans;
G. Catch basin /storm drain laterals /connections to the public storm
drain system with approval of the City of Tustin;
H. Domestic water facilities and reclaimed water facilities: The
domestic water system shall be designed and installed to the
standards of the Irvine Ranch Water District. Improvement plans
shall also be reviewed and approved by the Orange County Fire
Authority for fire protection purposes. The adequacy and reliability
of the 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 system shall meet the standards as required by the
Irvine Ranch Water District (IRWD);
I. Sanitary sewer facilities: All sanitary sewer facilities must be
submitted as required by the Building Official and IRWD. These
facilities shall be consistent with the standards of the Irvine Ranch
Water District;
J. Underground utility connections: All utility lines shall be placed
underground by the developer;
K. Fire hydrants;
L. Telecommunications facilities including, but not limited to,
telephone and cable television facilities. Developer is required to
coordinate design and construction of cable television facilities with
a City- franchised system operator and shall not place an undue
burden upon said operator for the provision of these facilities.
ARCHITECTURE
( * * *) 3.1 At building plan check, building elevations visible from Moffet Drive, Park
Avenue, Jamboree Road and Warner Avenue Off -ramp shall have
enhanced elevation in terms of color and material, architectural articulation
in form of window trim, fascia molding, planter boxes, etc. to the
satisfaction of the Community Development Department.
(1) 3.2 All exterior colors and textures shall be submitted for review and approval
Page 3 of 20
of the Community Development Department. Colors, materials, and
textures shall be coordinated with the architectural styles and noted in
construction plans.
(1) 3.3 All mechanical and electrical fixtures and equipment shall be adequately
and decoratively screened. The screen shall be included as an element of
the overall design of the project and blend with architectural design of the
building. All telephone and electrical boxes shall be identified on the
construction plans. Electrical transformers shall be located toward the
interior of the project to minimize visual impacts and screened by
adequate landscaping or other effective screening devices.
LANDSCAPING /HARDSCAPE
(1) 4.1 At plan check complete detailed landscaping and irrigation plans for all
landscaping areas, including the model complex, consistent with adopted
City of Tustin Landscaping requirements. The plans shall include the
following:
■ Include a summary table identifying plan materials. The plant table
shall list botanical and common names, sizes, spacing, location, and
quantity of the plant materials proposed.
■ Show planting and berming details, soil preparation, staking, etc. The
irrigation plan shall show location and control of backflow prevention
devices, pipe size, sprinkler type, spacing, and coverage. Details for
all equipment must be provided.
■ Show all property lines on the landscaping and irrigation plans, public
right -of -way areas, sidewalk widths, parkway areas, and wall locations.
■ The Community Development Department may request minor
substitutions of plant materials or request additional sizing or quantity
of materials during plan check.
■ Add a note that coverage of landscaping and irrigation materials is
subject to inspection at project completion by the Community
Development Department.
■ Turf is unacceptable for grades
planting materials shall be used.
is not acceptable.
over 25 percent. A combination of
On large areas, ground cover alone
■ Shrubs shall be a minimum of five (5) gallon size and shall be placed a
maximum of five (5) feet on center. Other sizes and spacing may be
permitted subject to approval of the Community Development
Page 4 of 20
1
1
Department.
■ Ground cover shall be planted eight (8) to twelve (12) inches on center,
or as approved by the Community Development Department.
• Fences, wall, and equipment areas shall be screened with walls, vines,
and /or trees.
■ All plant materials shall be installed in a healthy vigorous condition
typical to the species and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming,
weeding, removal of litter, fertilizing, regular watering, and replacement
of diseased or dead plants.
■ Landscape adjacent to the right -of -way shall be in compliance with the
requirements of MCAS Tustin Specific Plan. Perimeter walls should be
treated with vines to relieve large expanse walls with greenery and
color. Vines shall be informally grouped and installed with training
devices.
(4) 4.2 On -site walls and fences shall be noted on the plans with specific
materials, colors, and decorative treatments. Interior wall /fences shall be
made of durable materials subject to review and approval of the
Community Development Department.
(4) 4.3 Perimeter tract walls shall be constructed of high quality materials and
complementary architecture subject to final approval of the Community
Development Department.
(1) 4.4 Trees in the landscape setbacks adjacent to public rights -of -way shall be
provided in a variety of sizes to ensure initial maturity along project
perimeter.
USE RESTRICTIONS
( **) 5.1 The project shall include 375 units, including 103 Carriage Court Homes;
99 Carriage Way Homes; 173 detached single family dwelling units; and
focal park and greenbelt that are privately owned but accessible to the
public except the fenced area as depicted in the approved site plan.
(4) 5.2 All parking spaces (on -site and off -site) shall be maintained as shown on
the approved "Parking Plan (Sheet C -4)" Any changes to the number,
location, or size of parking spaces shall be reviewed and approved by the
Director of Community Development.
(5) 5.3 Individual trash can service may be provided on the site. Trash cans shall
be placed only in the locations identified on the approved "Trash Pick -up
Page 5 of 20
(1)
(1)
Plan" up to twelve (12) hours prior to regularly scheduled trash collection
and shall be removed within twelve (12) hours of trash collection.
5.4 No outdoor storage shall be permitted during grading or building stages,
except as approved by the Community Development Director.
5.5 Unless otherwise agreed by the City in its sole discretion, the property
within the tract or any street or sidewalk or alleyway thereon shall not be
privately gated; provided however, that any swimming pool and /or spa
facility within the private common area and any private indoor common
area improvement, including any clubhouse and bathrooms, may be gated
or locked and made available solely to residents of the Project and their
guests.
5.6 Design and construction of all on -site and off -site developer required
public infrastructure and in -tract private streets and utility systems shall be
constructed within the initial phase of development as identified on the
approved Phasing Plan. Model units may be constructed prior to
completion of infrastructure if adequate ingress and egress is provided to
the satisfaction of the Building Official and Orange County Fire Authority.
CC &RS
(1)
(1)
6.1 All organizational documents for the project including any covenants,
conditions, and restrictions (CC &Rs) shall be submitted to and approved
by the Community Development Department, City Attorney's Office, and
Special Counsel. Costs for such review shall be borne by the subdivider.
The approved CC &Rs shall be recorded with County Recorder's Office
prior to issuance of the first certificate of occupancy. A copy of the final
documents shall be submitted to the Community Development
Department after recordation.
6.2 No Certificate of Occupancy shall be issued, unless a homeowners
association has been legally formed with the right to assess all these
properties which are jointly owned or benefited to operate and maintain all
other mutually available features of the development including, but not
limited to, open space, amenities, landscaping, or slope maintenance
landscaping, private streets, and utilities. No dwelling unit shall be sold
unless all approved and required open space, amenities, landscaping, or
other improvements, or approved phases thereof, have been completed or
completion is assured by a development agreement or financing
guarantee method approved by the City. The CC &Rs shall include, but not
be limited to, the following provisions:
A. The City shall be included as a party to the CC &Rs for enforcement
purposes of those CC &R provisions in which the City has interest
Page 6 of 20
J
1
1
as reflected in the following provisions. However, the City shall not
be obligated to enforce the CC &Rs.
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 recreational buildings and amenities, landscaped areas
and lots, walls and fences, private roadways (i.e., walks, sidewalks,
trails), parkland facilities and bikeways, and open space areas.
D. Membership in the homeowners association shall be inseparable
from ownership in individual units.
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, exterior mechanical equipment,
television and radio antenna, consistent with the Tustin City Code
and the MCAS Tustin Specific Plan.
F. Maintenance standards shall be provided for applicable items listed
in Section C above in CC &Rs. Examples of maintenance
standards are shown below.
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 vehicular or pedestrian traffic. 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 to 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 open space areas 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.
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
Page 7 of 20
the absence of adequate maintenance such as to be
detrimental to public health, safety, or general welfare.
G. Homeowners 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 &Rs.
H. Private open space areas within the common area shall be
illustrated on a "Private Open Space Exhibit" and shall be made
part of the CC &Rs and shall specify those portions of the common
open space area that are allocated for private use and public use
and access rights in perpetuity.
The CC &Rs shall include a separate dimensioned site plan or other
instruments for each unit that is allocated a sideyard easement over
adjoining lot. The CC &Rs shall include provisions for authorized
uses and structures, access, maintenance, restrictions within this
easement area.
J. A site plan showing the public portion of the park site and
associated public easements that will be accessible to the public
and provisions for maintenance of these areas by the Homeowners
Association.
K. The approved "Parking and Circulation Exhibit" shall be made part
of the CC &Rs and shall be enforced by the homeowners
association. In addition to the exhibit, provisions regarding parking
shall be included in the CC &Rs, including the following:
1. All units are required to maintain a two -car garage.
2. A minimum of 188 unassigned guest parking spaces shall be
permanently maintained in locations shown on the "Parking
and Circulation Exhibit' and have a minimum length of
twenty -two (22) feet per stall for on street parking.
3. 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 the purpose of
loading, unloading, making deliveries or emergency repairs
except that the homeowners association may adopt rules
and regulations to authorize exceptions.
Page 8 of 20
4. Residents shall park vehicles in garage spaces. Storage of
personal items may occur in the garages only to the extent
that vehicles may still be parked within the required garage
spaces.
5. The homeowners association shall be responsible for
monitoring and enforcing all parking and traffic regulations
on private streets. The proposed CC &Rs shall include
provisions requiring the association to develop and adopt an
enforcement program for parking and traffic regulations
within the development which may include measures for fire
access and enforcement by a private security company.
L. Provisions for enforcing individual trash bin placement at
designated curb areas as shown on the approved "Trash Pick -up
Plan" no earlier than noon on the day before scheduled collections
and removed within twelve (12) hours of collection.
M. Maintenance of lettered and numbered Lots containing all common
areas, public and private park areas, streets, alleys, paseos, etc.,
shall be by the homeowners association.
N. Television and radio antennas shall be installed in accordance with
the requirements of the Tustin City Code.
O. All utility services serving the site shall be installed and maintained
underground.
P. The homeowners association shall be required to file the names,
addresses, and telephone numbers of at least one member of the
homeowners association Board and, where applicable, a manager
of the project before January 1 st 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.
Q. The homeowners association shall be responsible for establishing
and following procedures for providing access to public utilities for
maintenance of their facilities within the project area, subject to
those agencies' approval.
R. No amendment to alter, modify, terminate, or change the
homeowners association's obligation to maintain the common areas
and the project perimeter wall 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 enforce maintenance of the
Page 9 of 20
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.
HOMEBUYER NOTIFICATION
o
(1) 7.1 Prior to recordation of the final map, the subdivider shall submit to the
Community Development Department for review and approval a
homebuyer notification document that includes the notifications listed
below. The notification document shall be signed by each homebuyer
prior to final inspection and occupancy, and a copy of the signed
notification shall be provided to the Community Development Department
prior to final inspection and /or issuance of each Certificate of Occupancy.
A. A notice for roadway, trail, and train noise that may impact the
subdivision, including roadway noise associated with Moffett Drive,
Park Avenue, Jamboree Road, and Warner Avenue off -ramp. The
notice shall 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. A notice, to be reviewed by the City of Tustin and the Tustin Unified
School District, regarding the location of existing and proposed
elementary, middle, and high schools which will serve the
subdivision (text and map) and advice to homebuyers that
proposed school sites may never be constructed.
C. A notice regarding units that are adjacent to aboveground utilities or
structures (such as light standards and fire hydrants) identifying the
type of structure and their locations.
D. A notice indicating that any use of a residence for a business shall
be subject to the City's Home Occupation Ordinance and may
require zoning clearance and a business license.
E. A notice indicating that public use of portion of the park site will be
allowed and noting public ingress and egress through the
subdivision will be provided for access to the park.
F. A notice explaining the easements, facilities, amenities, and
dedications that will be provided on lettered lots and indicating all
on -site streets, alleys, paseos, and common areas are to be
maintained by the homeowners association.
G. A notice, to be approved by the City Attorney, indicating that neither
Page 10 of 20
1
the site, nor the project nor any part thereof any street or sidewalk,
alleyway, or paseo thereon shall be privately gated, provided
however that any swimming pool and /or spa facility within the
private common area and any p[private indoor common area
improvements, including any clubhouse and bathrooms, may be
gated or locked and made available solely to residents of the
project and their guests.
H. A notice stating trash bins shall be placed in designated curb areas
as shown on the approved "Trash Pick -up Plan" no earlier than
noon on the day before scheduled collections and removed within
twelve (12) hours of collection.
I. A notice indicating 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.
J. A notice indicating the minimum building setbacks and that
construction of patio covers, trellises, etc. may not be allowed.
K. A notice explaining and providing a copy of a "Private Open Space
Exhibit" and separate dimensioned site plan or other instruments
for each unit that benefits from adjoining private open space
(Carriage Court Units — Sheldon).
L. A notice explaining and providing a copy of the approved "Parking
Plan" and related CC &R provisions.
M. A notice explaining the phasing of construction within the
subdivision and that activity may be disruptive.
N. The developer shall notify all homebuyers that future
Assessment/Maintenance Districts may affect the property.
ORANGE COUNTY FIRE AUTHORITY
(5) 8.1 Prior to issuance of a building permit: Fire Master Plan (service code
PR145)- This plan has been approved by OCFA under SR #185653
Page 11 of 20
(5) 8.2 Prior to concealing interior construction: Fire Sprinkler System (s) (service
codes PR400). All structures shall be protected with fire sprinklers. The
fire sprinkler plans can be deferred until prior to concealing interior
construction.
NOISE
(1) 9.1 At plan check, a noise analysis shall be provided to ensure compliance
with the Tustin Noise standards.
(1) 9.2 In accordance with the noise analysis, all units shall be constructed with
appropriate sound attenuation to achieve the minimum noise level
standards pursuant to the City's Noise standards.
(1) 9.3 At plan check, the applicant shall submit a detailed plan showing the
length and height, grading details, and type of materials of any required
sound walls for review and approval of the Community Development
Department.
GRADING AND DRAINAGE CONDITIONS
(1) 10. 1 This development shall comply with all applicable provisions of the City of
Tustin Water Quality Ordinance and all Federal, State, and Regional
Water Quality Control Board rules and regulations.
(1) 10.2 Preparation of a sedimentation and erosion control plan for all work
related to this development shall be required.
(1) 10.3 Prior to issuance of a Grading Permit, a final grading plan, prepared by a
California Registered Civil Engineer, shall be submitted and approved.
The grading plan shall be consistent with the approved site and
landscaping plans.
(1) 10.4 Prior to issuance of a Grading Permit, a grading bond (on a form
acceptable to the City) will be required. The engineer's estimate, which
covers the cost of all work shown on the grading plan, including grading,
drainage, water, sewer and erosion control, shall be submitted to the City
for approval.
(1) 10.5 Prior to issuance of any permits, the applicant shall submit a Water Quality
Management Plan (WQMP) for approval by the Community Development
and Public Works Departments.
(1) 10.6 The WQMP shall identify Low Impact Development (LID) principles and
Best Management Practices (BMPs) that will be used on -site to retain
storm water and treat predictable pollutant run -off, if the WQMP is
Page 12 of 20
1
I
determined to be a Priority WQMP. Structural BMPs identified in the
WQMP shall be shown on the grading plan.
(1) 10.7 The Priority WQMP shall identify the following:
a. Implementation of BMPs
b. Assignment of long -term maintenance responsibilities (specifying the
developer, parcel owner, maintenance association, lessees, etc.)
c. Reference to the location(s) of structural BMPs
(1) 10.8 Prior to submittal of a WQMP, the applicant shall submit a deposit of
$2,700.00 to the Public Works Department for the estimated cost of
reviewing the WQMP.
(1) 10.9 Prior to issuance of a grading permit, the applicant shall record a
"Covenant and Agreement Regarding Operation and Maintenance (O &M)
Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and
Indemnification" with the County Clerk- Recorder.
This document shall bind current and future owner(s) of the property
regarding implementation and maintenance of the structural and non-
structural BMPs as specified in the approved WQMP.
(1) 10.10 Prior to issuance of a Grading Permit, the applicant shall submit a copy of
the Notice of Intent (NO[) indicating that coverage has been obtained
under the National Pollutant Discharge Elimination System (NPDES) State
General Permit for Storm Water Discharges Associated with Construction
Activity from the State Water Resources Quality Control Board.
PUBLIC IMPROVEMENTS
(1) 11. 1 A complete hydrology study and hydraulic calculations shall be submitted
to the City for review and approval.
(1) 11. 2 Park Facility, comprised of a 6.1 acre private park and related amenities,
to which public access will be provided, subject to rules and regulations to
be approved by City, which shall be completed prior to the date set forth
for Completion of the Park Facilities in the Schedule of Performance.
(1) 11.3 Easements for public access over and to the focal park and greenbelts
along with the ingress and egress over all private streets and greenbelts
shall be provided at no cost to the City, subject to review and approval by
the Community Development Director and City Engineer.
Page 13 of 20
(1) 11.4 The landscape and irrigation system along (a) the parkway of Moffett
Drive adjacent to the Project from Park Avenue to Jamboree Road, (b)
Jamboree Road and the ramp to Park Avenue and (c) the parkway of Park
Avenue adjacent to the Project from the ramp to Park Avenue to Moffett
Drive, in each case prior to the date set forth for Completion of such work
in the Schedule of Performance.
(1) 11.5 Prior to issuance of the 1,001th Building Permit (243th permit for this
project), the following must have been satisfied: (a) a contract has been
let by City for the Peters Canyon Channel Improvements and (b)
construction of the Channel Improvements has commenced.
(1) 11. 6 The proposed landscaping plant material along Park Avenue, Moffett
Avenue, and Jamboree Road shall be consistent with the Tustin Legacy
Backbone Street Plant Palette, or as approved by the Community
Development Director and /or the City Engineer.
(1) 11. 7 The applicant shall provide a Geotechnical Report, Pavement Analysis,
and Design Report for all required Tustin Legacy Backbone Infrastructure,
Local Infrastructure and Private Infrastructure improvements required in
the Tentative Tract Map.
(1) 11.8 Preparation of plans for and construction of:
a. All domestic water, reclaimed water and sanitary sewer system shall
be submitted and approved by Irvine Ranch Water District (IRWD).
These facilities shall include a gravity flow system per the standards of
the Irvine Ranch Water District. Any required domestic water,
reclaimed water and sanitary sewer system shall meet the standards
as required by the Irvine Ranch Water District. The water distribution
system and appurtenances shall also conform to the applicable laws
and adopted regulations enforced by the Orange County Health
Department.
b. Fire master plan shall be submitted 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.
(1) 11. 9 Existing sewer, domestic water, reclaimed water and storm drain service
laterals shall be utilized.
(1) 11. 10 Any 'damage done to existing public street improvements and /or utilities
shall be repaired to the satisfaction of the City Engineer before issuance of
a Certificate of Occupancy for the development.
Page 14 of 20
(1) 11. 11 Current Federal Americans with Disabilities Act (ADA) requirements shall
be met at all driveways and sidewalks adjacent to the site. City of Tustin
standards shall apply, unless otherwise approved by the City Engineer.
(1) 11. 12 A street lighting system shall be prepared for review and approval by the
City of Tustin and Southern California Edison.
(1) 11. 13 The applicant shall be responsible for abandoning and removing all
existing utilities within the current and proposed roadway sections.
(1) 11. 14 The applicant shall be responsible for connection of the project to new
backbone utility systems. The applicant shall provide applicable
easements for any new utilities on private property.
(1) 11. 15 The applicant shall enter into a landscape maintenance agreement with
the City of Tustin for maintenance of parkway and slope improvements
within public rights -of -way adjacent to the project along Park Avenue,
Moffett Avenue, Warner Avenue off -ramp, and Jamboree Road.
(1) 11. 16 The applicant shall submit legal descriptions and sketches of the areas
below, prepared by a California Licensed Civil Engineer or California
Licensed Land Surveyor, current Title Report, applicable back up
documents, and plan check deposit to the Public Works Department for
review and approval.
a. Easements for emergency vehicle access and public services ingress
and egress purposes over the private streets and driveways shall be
provided, at no cost to the City.
b. The applicant shall dedicate public access and maintenance
easements to the City of Tustin for sidewalk along Moffett Avenue,
Park Avenue, and Jamboree Road, at no cost to the City.
(1) 11. 17 The applicant, property owner(s) are required to participate in the City's
recycling program.
(1) 11. 18 Construction and Demolition Waste Recycling and Reduction Plan
(WRRP).
a. The applicant/contractor is required to submit a WRRP to the Public
Works Department. The WRRP must indicate how the applicant will
comply with the City's requirement (City Code Section 4351, et al) to
recycle at least 50% of the project waste material.
`b. The applicant will be required to submit a $50.00 application fee and a
cash security deposit. Based on the review of the submitted Waste
Page 15 of 20
Management Plan, the cash security deposit will be determined by the
Public Works Department in an amount not to exceed 5% of the
project's valuation.
c. Prior to issuance of any permit, the applicant shall submit the required
security deposit in the form of cash, cashier's check, personal check,
or money order made payable to the "City of Tustin ".
(1) 11. 19 The applicant shall obtain permission from and coordinate with affected
property owners, jurisdictions, and resource agencies for all public and
private improvements, including, but not limited to, the following:
a. Prior to any work in the public right -of -way, an Encroachment Permit
shall be obtained and applicable fees paid to the Public Works
Department.
b. The applicant shall obtain written approval and /or permits from the
applicable utility companies, including but not limited to Southern
California Edison, The Gas Company, Irvine Ranch Water District
(IRWD), AT &T, Cox Communications, Time Warner, etc.
C. The applicant shall coordinate the design and construction of all
utilities with the utility providers and the City. The applicant shall also
include the design and construction of dry utility conduits and pull
boxes for future City use in the arterial streets backbone system
throughout the project subject to review and approval of City Engineer.
TRACT MAP
(1) 12.1 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 the State Subdivision Map Act and the
Tustin Municipal Code.
(1) 12. 2 The final tract map shall be recorded in accordance with approved
Tentative Tract Map and all applicable requirements of the MCAS Tustin
Specific Plan, Tustin City Code, and applicable policies and guidelines.
All conditions of approval herein, as applicable, shall be satisfied prior to
recordation of a final map or as specified herein.
(1) 12. 3 The subdivider shall comply with all applicable requirements of the State
Subdivision Map Act, and the City's Subdivision Ordinance, the MCAS
Tustin Specific Plan, the Tustin City Code, applicable City of Tustin
guidelines and standards and applicable mitigation measures identified in
Page 16 of 20
F�11
the certified FEIS /EIR, and other agreements with the City of Tustin unless
otherwise modified by this Resolution.
(1) 12.4 The subdivider shall not oppose any future creation of a landscape and
lighting district for maintenance within the public right -of -way or of public
parkland, or community facilities district for funding of Tustin Legacy
backbone infrastructure or municipal service provision to the, project site,
or a future community facilities district for school purposes
(1) 12.5 CADD Requirements: In addition to the normal full -size map and plan
submittal, all final maps and 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 shall be submitted to the Public Works Department in
computer aided design and drafting (CADD) format to the satisfaction of
the City Engineer.
The standard file format is AutoCAD Release 2009, or latest version,
having the extension - "DWG ". All layering and linotype conventions are
AutoCAD -based (latest version available upon request from the Public
Works Department). The CADD files shall be submitted to the City at the
time plans are approved, and updated CADD files reflecting "as built"
conditions shall be submitted once all construction has been completed.
No project bonds will be released until acceptable "as built" CADD files
have been submitted to the City.
(1) 12. 6 Sub - divider shall execute a subdivision and monumentation agreement
and furnish the improvement and monumentation bonds as required by
the City Engineer prior to recordation of the final map.
(1) 12.7 Prior to submittal of an application for building permits, the applicant shall
submit proposed address exhibit to the Engineering Division for review
and approval.
FOCAL PARK
(5) 13.1 For the convenience of the park patrons, the public restrooms shall
include at least two (2) toilets for each gender.
(5) 13.2 A diaper changing table (wall unit) shall be provided in ladies restroom.
(5) 13.3 Timer locks shall be provided on public restroom outside doors to secure
the facility after - hours.
Page 17 of 20
(5) 13.4 The Bocce Ball Court shall be constructed at the Official Bocce Dimension
of 13'x90'. The Bocce Ball Court must be ADA compliant.
(5) 13.5 All playground surfacing shall be ADA compliant.
(5) 13.6 Seating area /benches shall be provided near adventure playgrounds for
use by parents to monitor their children.
(5) 13.7 Power receptacles shall be provided at plaza /stage area.
POLICE DEPARTMENT
(1) 14.1 Prior to the issuance of building permits, the applicant must submit to the
police department, a photometric lighting plan showing compliance with
the Tustin Security Code, which is:
(a) A maintained minimum one foot - candle of light on the private drives
and parking surfaces.
(b) A maintained minimum of one - quarter foot - candle of light on the
walking surfaces.
(1) 14.2 The lighting plan is to be overlaid onto a tree landscape plan.
(1) 14.3 Wayfinding: Prior to the issuance of building permits, the applicant must
submit to the police department, a wayfinding plan for the carriage court
homes (Sheldon Homes) and flag lots.
ENVIRONMENTAL
(1) 15.1 All mitigation measures related to the project that are required by the
Mitigation Monitoring Program for the MCAS Tustin, identified in this
exhibit and in other related project entitlements, shall be implemented.
Additional measures related to development of this project as noted in the
adopted EIS /EIR and are not previously identified in this exhibit as a
condition of approval are required as follows:
A. Prior to issuance of any permits, the developer shall retain a
County- certified archaeologist: If buried resources are found during
grading within the reuse plan area, a qualified archaeologist would
need to assess the site significance and perform the appropriate
mitigation. The Native American viewpoint shall be considered
during this process. This could include testing or data recovery.
Native American consultation shall also be initiated during this
process.
Page 18 of 20
B. The developer shall comply with the requirements established in a
Palentological Resource Management Plan (PRMP) prepared for
the site, which details the methods to be used for surveillance of
construction grading, assessing finds, and actions to be taken in
the event that unique paleontological resources are found.
C. Prior to the issuance of any permit, the applicant shall provide
written evidence to the Community Development Department that a
County - certified paleontologist has been retained to conduct
salvage excavation of unique paleontological resources if they are
found.
D. Prior to issuance of any permit, the developer shall provide traffic
operations and control plans that would minimize the traffic impacts
of proposed construction activity. The plans shall address roadway
and lane closures, truck hours and routes, and notification
procedures for planned short-term or interim changes in traffic
patterns. Such plans shall minimize anticipated delays at major
intersections. Prior to approval, the City of Tustin or the City of
Irvine, as applicable, shall review the proposed traffic control and
operations plans with any affected jurisdiction.
F. The applicant shall comply with all City policies regarding short-
term construction emissions, including periodic watering of the site
and prohibiting grading during second stage smog alerts and when
wind velocities exceed 15 miles per hour.
G. The developer shall coordinate with the Tustin Police Department
to ensure adequate security provisions are implemented.
FEES
(1)(5) 16.1 Prior to issuance of each building permits, payment shall 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.
Page 19 of 20
a. Building plan check and permit fees to the Community Development
Department based on the most current schedule at the time of permit
issuance.
b. Engineering plan check and permit fees to the Public Works Department
based on the most current schedule at the time of permit issuance.
(1)
c. Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule at the time of permit issuance.
d. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public
Works Department are required at the time a building permit is issued.
e. Water and sewer connection fees to the Irvine Ranch Water District.
f. Transportation System Improvement Program (TSIP), Benefit Area "B"
fees in the amount of $3.31 per square foot or the most recent rate of
new or added gross square floor area of construction or improvements to
the Community Development Department.
g. New development tax fee in the amount of $350.00 per unit.
h. School facilities fee in the amount as required by Tustin Unified School
District.
i. Other applicable Tustin Legacy Backbone Infrastructure Program fees.
16.2 Within forty -eight (48) hours of final approval of the project, the applicant
shall deliver to the Community Development Department, a CASHIER'S
CHECK payable to the County Clerk in the amount of fifty dollars
($50.00) 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.
Page 20 of 20