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HomeMy WebLinkAboutC.C. 13 TT MAP 14371 01-06-92CONSENT CALENDAR NO. 13 1-6-92 JANUARY 61 1992 Go rn WILLIAM A. HUSTON, CITY MANAGER 'To: COMMUNITY DEVELOPMENT DEPARTMENT t i i 011 : VESTING TENTATIVE TRACT MAP 14371 s RECOMMENDATION It is recommended that the City Council take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 92-05; and 2. Approve Vesting Tentative Tract Map 14371 by adopting Resolution No. 92-06, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 2982, attached hereto and incorporated herein by reference. BACKGROUND At their regular meeting on November 25, 1991, the Planning Commission adopted Resolution No. 2982, recommending to the City Council approval of Vesting Tentative Tract Map 14371, and Resolution No. 2981, approving Design Review 91-11. The proposal is to subdivide a 14 -acre site into 55 numbered lots and 3 lettered lots for 'the purpose of developing 55 single-family detached dwelling units. The site is bordered by Lot 24 of Tentative Tract 13627 to the north, Township Drive to the east, Tract 14188 consisting of low- density, single-family dwellings to the south and single-family dwellings in the unincorporated area to the west. • PROJECT DESCRIPTION/SITE PLAN The East Tustin Specific Plan (ETSP) designates the project site as Low Density Residential. The maximum allowable density for this land use designation is five dwelling units per acre, the proposed density is 4 dwelling units per acre. The minimum required lot area is 5,000 -square feet per unit. The maximum allowed lot area to be covered by the footprint of the building is 50 percent. All lots meet these minimum requirements. The ETSP requires that a two -car garage be provided for each dwelling unit; the applicant proposes three -car garages for each - City Council Report Vesting Tentative Tract Map 14371 January 6, 1992 Page 2 unit. The ETSP also requires two guest parking spaces for each unit, 100 percent of which may be provided on -street. Seventy-six spaces are available on the street and 34 spaces are provided in front of the third car garage, which have a driveway of at least 20 feet. Only minor grading is proposed to create building pads and roadbeds. Grade differences will require construction of sloped areas (maximum 2:1 ratio). Retaining walls varying from two to five feet in height will be used between houses where the slope is more than a 2:1 ratio. Uphill slopes are typically within the house lot boundary and are the responsibility of the individual homeowner. The project site abuts existing single-family, dwelling -developed properties, and a racquet club within the unincorporated county territory at the southwest and west side. Pad elevations for the existing residences in the unincorporated county territory that are adjacent to the project will be higher than the proposed pad elevations by four to 19 feet. Pad elevations for the tennis courts will be from .02 to 21 feet •higher than proposed pad elevations. The project features single -story homes along the entire southwest and west boundaries in order to create a buffer between the proposed two-story structures and the existing residences in the, unincorporated area. Existing homes will be further buffered from the proposed project by a screen wall. Landscaping will also buffer the project from the adjacent tennis courts, One issue of concern regarding the site plan for - the proposed project is the location of storm drain easements to be incorporated into the design of Lots 14 and 25. Drainage through these storm drains is off-site water. In both instances, the residences' driveway will be constructed over the storm drain easement. Should the storm drain require maintenance where the facilities would need to be reconstructed or physically repaired, residents could be inconvenienced by not being able to enter their garages. In order to minimize inconvenience to the future property owners of Lots 14 and 25, the Planning Commission included conditions of approval to ensure that notification of the storm drain easement be provided by a separate document in addition to the CC&R' s and deed, antJ to make a provision in the CC&R that access be restored to the garages on these lots by the use of steel plates to cover the trenches during non -work hours. City Council Report Vesting Tentative Tract Map 14371 January 6, 1992 Page 3 ARCHITECTUREILANDSCAPEIHARDSCAPE The architectural design of the proposed dwellings is a contemporary interpretation of the Spanish Colonial and Monterey styles. All units will have concrete tile roofs and stucco -walls. The maximum height of the proposed structures is 28 feet, which is within the allowable height of 35 feet. Three unit -types are two- story and two are one story, with the building mass broken up with multiple -level hip and gable roofs, projecting gables and balconies. The conceptual landscape plan, which generally meets requirements of the ETSP, utilizes a variety of trees, shrubs, vines and ground covers. Project entries are highlighted by Magnolia and Cajeput trees. However, the plan is illustrative; actual quantities, species and locations of plant materials will be determined during the building permit plan check. All perimeter walls are in accordance with standard details approved under the sector -level tract. ENVIRONMENTAL ANALYSIS Based upon review of Vesting Tentative Tract Map 14371, as well as. Environmental Impact Report 85-2 (as supplemented), it has been determined that environmental issues relating to this project have previously been addressed. Also, appropriate mitigating measures identified in EIR 85-2 are included as conditions of approval for the project. With this information in mind, it is recommended that the Council make the finding that requirements of the California Environmental Quality Act have been met and that no further environmental review is required. CONCLUSION Given the analysis conducted by the Community Development Department and in consideration of comments from other agencies and the public, it is concluded that the proposed project meets the requirements of the East Tustin Specific Plan, the Subdivision Map Act, as adopted, and the California Environmental Quality Act. City Council Report Vesting Tentative Tract Map 14371 January 6, 1992 Page 4 With the inclusion of conditions Commission Resolution No. 2982, Council approve Vesting Tentative Becky Stone Assistant Planner CAS : PR : rxn/vtm14371 of approval listed in Planning it is recommended that the City Tract Map 14371. Christine A. Sh.,Wleton Assistant City Manager Community Development Department Attachments: Site Plan Elevations Planning Commission Resolution No. 2982. Resolution Nos. 92-05 & 92-06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2E 2( 2�j 2f RESOLUTION NO. 92-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-21 AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 14371 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Vesting Tentative Tract Map 14371 and respective development plans are considered "projects" pursuant* to the terms of the California Environmental Quality Act; and B. That the project is covered by a previously certified Final Environmental Impact Report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. II. The East Tustin Specific Plan Final Environmental Impact Report ( 85-2) , previously certified on March 17 1986 as modified by subsequently adopted supplements and addenda, was considered prior to approval of this project. The City Council hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects. of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The City Council has found that the project involves no potential. for. any adverse effect, either individually or cumulatively, on wild life resources and makes a De Minimis Impact Finding related to AB 3158, Chapter 1206, Statutes of 1990. Therefore, the Final EIR, is determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of the California Environmental Quality Act. 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. 92-05 January 6, 1992' Page 2 Applicable measures identified in the Final EIR have been incorporated into this project which mitigate any potential significant environmental effects thereof. The mitigation measures are identified as Conditions of Planning Commission Resolution No. 2982 recommending approval of Tentative Tract Map 14371. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 6th day of January, 1992. CHARLES E. PUCKETT Mayor MARY WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 92-05 MARY E. WYNN, City Clerk and ex -of f icio Clerk of the City Council of the City of Tustin, California., does 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 was duly and regularly passed and adopted at a regular.meeting of the City Council held on the 6th day of January, 1992, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: MARY E. WYNN, City Clerk 1 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 2' 01 RESOLUTION NO. 92-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING. TENTATIVE TRACT MAP N0. 14371 TO CREATE 55 NUMBERED AND THREE (3) LETTERED LOTS FOR A SINGLE-FAMILY RESIDENTIAL PROJECT LOCATED ON LOT 26 OF TRACT 13627. The City Council of the City of Tustin does hereby resolve a follows: I. The City Council finds and determines as follows: A. That Vesting Tentative Tract Map No. 14371 was submitted to the City Council by Glencrest foz consideration. B. That a public hearing was duly called, noticed anc held for said map on November 25, 1991 by the Planning Commission. C. That an Environmental Impact Report (EIR 85-2 f03 the East Tustin Specific Plan) has been certif iec in conformance with the requirements of the California Environmental Quality Act for the subject project area. D. That the proposed subdivision is in conformanc4 with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement an( Subdivision Map Act as it pertains to the development of single-family dwellings. E. The .6930 acres of parkland required for thi development was previously dedicated wit: recordation of Tract 13627. F. That the City has reviewed the status of the Schoo; Facilities Agreement between the Irvine Company ani the Tustin Unified School District, the East Tusti; Specific Plan, EIR 85-2 with subsequently adoptee supplements and addenda, the impacts of Tentativ, Tract Map 14371 on School District facilities, an, reviewed changes in State law, and finds an determines that the impacts on School Distric facilities by approval of this map are adequatel addressed. G. That the site is physically suitable for the typ 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. 92-06 Page 2 That the site is physically suitable for the proposed density of development. That the design of the subdivision or the propose improvements are not likely to cause substantia environmental damage or substantially and avoidabl injure fish or wildlife in their habitat. That the design of the subdivision or the type o improvements proposed will not conflict With easements acquired by the public -at -large, for access through or use of the property within the. proposed subdivision. That the design of the subdivision or the types o improvements proposed are not likely to cause serious public health problems. II. The City Council hereby approves Vesting Tentative Trac Map No. 14371 subject to the conditions contained i Exhibit A, of Planning Commission Resolution No. 298 attached thereto and incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin Cit Council held on the 6th day of January, 1992. MARY WYNN City Clerk CHARLES E. 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L L LLLL L LL L L L IA LID 441 L7 a Z:2 Ego, cn 4W-- k� A C ci CA a r r Lt z L) z .4 U z z z M H TAI FT - 1 2 3 4 5 6 7. 8. 9 10 11 12 13 14 15 16 1 17 18 19 20 21 22 23 24 25 26 27 R RESOLUTION NO. 2982 A RESOLUTION OF THE PLANNING COMMISSION OFC ITY COUNCIL APPROVAL OTHE CITY OF TUSTIN RECOMMENDING VESTING TENTATIVE TRACT MAP NO. 14371 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Cc-mmission finds and determines as follows: A. That Vesting Tentative Tract Map No. 14371 was submitted to the Planning Coi,mission by Glencrest for consideration. B. That a public hearing was duly called, 1991. ced and held for said map on November, C. That an Environmental Impactc plan ort CEIR 85-2 has been for the East Tustin Specific with the requirements certified in conformance of. the California Environmental Quality Act for the subject project area. D. That the proposed subdivision is in conformance with the Tustin Area eanGeDevelopmentral Plan, adopted East Tustin Specific Plan, Agreement and Subdivision Map Act s it pertains to the development of single y detached dwellings. E. The .6930 acres of parkland required for this development was previously dedicated with recordation of Tract 13627. F. That the City has reviewed the een the Irvine status of the School Facilities Agreement be Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impacts of Vesting Tentative Tract 14371 on School District facilities, f finds and reviewed changes in State law, an determines that the impacts on School District facilities by approval of this map are adequately addressed. G. That the site is physically suitable for the type of development proposed. H. That the site is physically suitable for the proposed density of development. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2982 Page 2 I. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. J. Thatthe design of the subdivision or the type i of improvements proposed will not co with easements acquired by rheus public -at - large, the large, for access through property within the proposed subdivision. K. That the design of the subdi arson or the not likely types of improvements proposed are to cause serious public health problems. II. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map No. 14371 subject to the conditions. attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 25th day of November, 1991. THLEEN CLANCY, Secretary LDEN cl- Chairman 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2� 24 2F 21 2' 2 :,1i Resolution No. 2982 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2982 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of November, 1991. KATHLEEN CLANCY Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 14371 RESOLUTION NO. 2982 CONDITIONS OF APPROVAL PUBLIC PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 1.1 Prior to recordation of final map, the Subdivider shall (2 ) prepare plans for and construct or post securityguaranteeing (3) construction of all public and/or private, in structure (6) improvements within the boundary of said tract map in conf ormance with applicable City standards, including but not limited to the following: A. Curb and gutter/cross gutters B. Sidewalks including access facilities for physically handicapped persons C. Drive aprons/approach D. Street paving E. Street signing and paving F. Landscaping/irrigation facilities G. Sanitary sewer service facilities H. Domestic water service facilities I. Reclaimed water service facilities J. Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities) K. Traffic signal systems and other traffic control devices L. Street and paseo lighting M. Storm drains and subdrains (* The private ma nta nedy torm drain facilities within this tract will be m Y homeowner's association) N. Undergrounding of existing and proposed utility distribution lines 0. Lot monumentation P. Fire hydrants Q. Bus stops and other facilities such as bus shelters and benches (1) The amount of acceptable security for construction of public the Public (6) improvements shall be reviewed a d accepoved table tableb security for Works Department. The amount P private improvements shall be reviewed and approved by the Building Official. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION -- (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A - Resolution No. 2982 Page 2 1 1.2 All construction within a public right-of-way and/or public ( easement must be shown on a separate 24 X 3611 plan construction referenced to applicable City, County, or Irvine Ranch Water District standard drawing numbers. (1) 1.3 All changes in existing curbs, gutters, sidewalks and other 6 public improvements shall be the responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: (6) A. Sanitary sewer facilities to the satisfaction of the Irvine Ranch Water District or the City Tustin, whichever agency is applicable at the timethe P lan is commended. B. A domestic water system must be to.the standards s of the Irvine Ranch Water District/City of Tustin Water whichever is applicable at the time of plan paep preparation. n. Improvement plans shall also be reviewed andpp Y the Orange County Fire Department for fire wa protection purposes. The adequacy and reliability osystem design and the distribution of fire hydrants will be and evaluated. The water distribution system appurtenances shall also conform to the the apploraicable le laws unty Health Department. Anyq and adopted regulations re uired reclaimed water systems shall be to the st4ndards as required by the Irvine Ranch Water District. C. Sewer and water facilities shall be clearlyindicated as publicly maintained. Maintenance access er facilities shall be the responsibility of the homeowner's association and accommodations for such access shall be established prior to building permit issuance. 1 1.5 Proposed streets shall be designed to the following (5) specifications: (6) A. All proposed streets shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and proved by Works. the Directors of Community Development and Pub B. All streets and drives shall be constructed in accordance i of with City requirements in terms of type and quality materials used. Exhibit A - Resolution No. 2982 Page 3 C. Sidewalks shall flare to provide a five-foot lities a suchminimas clear width around all above ground face signing, street lights and fire hydrants, located within the sidewalk area. Above -ground facilities located outside of sidewalk widths and within public utility easement areas are subject to condition 7.1 N. of this. Exhibit. D. Street names are subject to approval of the Tustin Street Naming Committee and Community Development Department. water and sewer improvement Design (1) i.6 Streets, sw th 1 the City of Tustin" (6) shall comply g Standards for On-site Street and Storm Drain Improvements. 1) 1.7 Existing sewer, domestic water, reclaimed water and storm ( (5) drain service/laterals shall be utilized. 5 1.8 Should a traffic signal be required at the intersection e the ( ) Of Pioneer Road and Pioneer Way by the City Engineer, ig subdivision shall be responsible for 15 percent of P Public cost Worof the signal, as determined b Department Map, the City will Prior to approval of the Final require a bond satisfactory to the City Attorneyer's eshareamount of $22,500.00 to be credited toward the developer's the cost of the signal. DEDICATIONSIRESERVATIONS/EASEMENTS (1) 2.1 The subdivider shall satisfy dedication and/or reservation 2) requirements as applicable, including but not limited control to ( dedication of all required street and (5) (6) right-of-way easements, vehicular access rights, sewer ed g) easements and water easements def ined and appotheroveas .s to ( specific location by the City Engineer an le agencies. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the final map, subdivider shall post 2 with the Community Development Department the Sweeping 500 (6) cash deposit or letter of credit to guarantee streets and clean-up of streets affected by construction activities. In the event this deposit is depletedprior completion of development or City appearance of public streets, an additional incremental deposit will be required. 1 3.2 Any damage done to existing street improvements and utilities Exhibit A•- Resolution No. 2982 Page 4 tract (6) shall be repaired before acceptance of the development/on issuance of a Certificate of Occupancy for th any parcel within the subdivision. an Excavation (1) 3.3 Prior to any work in the plic m and applicable licable fees paid to the Permit must be obtained from pp Public Works Department. GRADING/GENERAL (1) 4.1 Prior to issuance of grading permits: (2 )A detailed soils engineering report shall be submitted to (6) A. and approved by the Building Official conforming to the adin requirements of the Uniform Building Code, tandrlocal Requirements, and all other applicable State laws, regulations and requirements. B. Preparation and submittal of a grading plan subject to approval by the Department of Community Development delineating the following information: 1. 2. 3. 4. Methods of drainage in accordance with all applicable City standards. All recommendations submitted soils engineer and specifically Compliance with conceptual tentative tract map. A drainage plan and necessary such as hydrology calculations following requirements: by geotechnical or approved by them. grading shown on support documents to comply with the a. Provision of drainage facilities to remove any flood hazard to the satisfaction of e to City Engineer which will allow building pads 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. ponding b. Elimination of any sheet flow and p g across lot lines. rotect C. Provision of drainage fa cilitiest to scouring the lots from any high velocity action. d. Provision for tributary drainage from adjoining properties. --hibit A - Resolution No. 2982 ge 5 5. All flood hazard areas of record. 6. A note shall be placed on the grading plan requiring Community Development clearance par mtapproval of rough grading prior to final or foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. *** 7. Note on plans that a qualified paleontologist/ archeologist, as appropriate, shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/ archeologist subject to review and approval by the Department of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/ archeologist shall attend the pregrade construction meeting to ensure re that this condition and necessary procedures in event of a "find" are explained. S. Preparation of a sedimentation and erosion control plan for all construction work related to the subject tract including a method of control to prevent: dust and windblown earth problems. C . Submittal of a construction traf f is routing plan to be reviewed and approved by the Director of Public Works. (1) 4.2 All earthwork shall be performed in accordance with the City (3) of Tustin Municipal Codes and grading requirements. FIRE DEPARTMENT (5 ) 5.1 Prior to the recordation ofa lto and tract s roved bytter he improvement plans shall be submittedPP Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of f ire hydrants will be evaluated and approved by the Chief. '5) 5.2 Prior to the issuance of any building permits for combustible construction,- evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire -•hibit A - Resolution No. 2982 ge 6 Chief. Fire hydrants shall be in place and operational to prior to commencing meet requirements and construction with combustible materials. ermits, a construction (5 ) 5.3 Prior to the issuance of any l tog p and approved by the Fire phasing plan shall be submitted Chief. The purpose of this review is to evaluateof dwellingeunits of emergency vehicle access for the number served. ermits, all underground building p piping for automatic fire (5) 5.4 Prior to the issuance of ?�e extinguishing systems shall be approved. Plans for an automaticfire extinguto ishing system ys em shall be approved by the Fire chiefprior r to thessuance of a Such systems shall be operational prior certificate of use and occupancy. Lots 141 25 and 53 shall have sprinkler systems in structures. (5) 5.5 Prior to the issuance of . any certificates of e sect andoccupancy, all fire hydrants .shall have a Blue Pavement Marker" indicating its location on ntainedthe street private drive per Orange County Fire o be maintained ment nin good condition property these markers are t by the property owner. NOISE (1) 6.1 Prior to the issuance of any building permits: (2) A final acoustical analysis report describing oh satisfyctithe (3) cal design features of the structures required t exterior and interior noise standards shall be submitted oyal aong the Tustin Community Development Department indcateso that the sound with satisfactory evidence whichd in the roved acoustical attenuation measures specifinto the design of the report(s) have been incorporated project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. All residential lots and dwellings shall be sound attenuated against present and projected noises, which not he sum ea to bt ed an of all noise impacting the project, so a exterior standard 65 CNEL in outdoor areas and s n required. of 45 CNEL in all haberVbsion ble rooms an acoustical Evidence prepared under the sup consultant that these standards will be s ulations isfied1 shallnnbe consistent with applicable zoning reg provided. xhibit A - Resolution No. 2982 .age 7 (1) 6.2. Prior to issuance of any Certificates of Use or Occupancy, (3) field testing in accordance with the Title 14 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (1) 6.3 All construction operations including engine warm up shall be (9) subject to the provisions of the City the h urs ofTustin Noise Ordinance and shall take place only during 700 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. CC&R's (1) 7.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, (8) covenants, conditions, and restrictions shall be Submitted to (9) and approved by the Community Development Department and City Attorney's office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after their recordation. CC&R's shall include but not be limited to the following provisions: A. Since. the City is interested inprotecting the public health and safety and ensuring the quality and maintenance of common areas under control of a Homeowner's Association, the City shall be included as a party to the CC&R's for enforcement purposes of those CC&R provision:s in which the City has interest, as reflected by the following B through P.. 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 and paseos. D. Membership in any Homeowner's Association and Master Association shall be inseparable from ownership in individual lots. E. Architectural controls shall beprovided and may include but not be limited to provisions regulating exterior =xhibit A - Resolution No. 2982 ge 8 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: (1) All common area landscaping and private lawn areas visible from any public way shall be properly maintained such that they are evenly free of debris cut, evenly edged, free of bare or brown spots, and free of weeds above the level o thelawn. free All planted areas other, than and debris. shall All trees and of weeds, dead vegetate shrubs shall be trimmed so they s o not impede pedestrian traf f is along the walkway hall be pruned so they do not intrude into n they do ring iot property and shall be maintained other soonuisances to have droppings or create neighboring property. All trees shall also oots root and pruned to eliminate exposed surface damage to sidewalks, driveways and structures. (2) 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 etrime to to public health, safety, or general welfare, at such a condition of deterioration or toproperty cause harm or is materially ethmental boundaries of the values or improvements within subdivision and Homeowner's Association, to surrounding property, or to property or improvements within three hundred 0)feet of the property may also be added as alternative 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 orerior improvements shall conform to requirements rth by the City and the CC&R I s. All plans submitted to the City shall' bear the Association's stamp and authorized signature of approval. exhibit A - Resolution No. 2982 ,age 9 H. Residents shall not store or parkany non-motorized t o .vehicles, trailers or motorized vehicle exceed 7 feet high, 7 feet wide and 19 feet long in any parking or driveway 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. I. All utility services serving the site shall be installed and maintained underground. J. The Association shall be required to f ile 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. K. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. L. Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary by a Homeowner's Association. This shall not preclude a Homeowner's Association from assessing charges to individual property owners for structural damage to the wall or fence. M. No amendment to alter, modify, terminate or change the Homeowner's 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 common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. N. Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the three-foot public utility easement behind the private street right-of-way. Where such facilities are located on private property within the utility easement, notification shall be given to those owners as to the locations, types and quantities of all facilities as it relates to their specific property. `xhibit A - Resolution No. 2982 .ge 10 O. Maintenance of all manufactured slopes on individual lots shall -be the responsibility of the individual property owners. P. All landscaping along Pioneer Road shall be maintained by the Homeowners' Association; all landscaping along Jamboree Road is to be maintained by the Tustin Landscape and Lighting District. Q. Notification of storm drain easements located beneath driveways on lots 14 and 25 shall be provided in the CC&R's and in the deed. R. In the event the storm drains on lots 14 and 25 require maintenance that restricts access to the property, a steel plate shall be placed over the trench during non- working hours to ensure access to the property. TENANT HOMEBUYER NOTIFICATION �1) 8.1 Prior to issuance of Certificate of Occupancy: A. A document separate from the deed, which will be an information notice to future tenants/homebuyers of aircraft noise impacting the subdivision, shall be recorded. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. B. The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literature for the residential project with the approved aircraft/helicopter noise statement and the approved schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. C. The subdivider shall provide the City with a copy of the approved aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. D. The developer shall provide the City with a schools r4,-,hibit A - Resolution No. 2982 g e 11 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. E. The Subdivider shall provide the City with a statement, signed by each tenant/homebuyer, containing a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. F. A document, separate from the deed, which will be an information notice to future tenants/homebuyers of lots 14 and 25 that a storm drain easement exists on said lots and that access to the property may be obstructed at times of repair or maintenance. (1) 8.2 Subdivider shall notify all potential homebuyers of the (5) following Assessment/Maintenance Districts affecting the property: A. Assessment District 86-2 B. City of Tustin 1982 Landscaping and Lighting District as amended. FEES (1) 9.1 Prior to recordation of any final map, Subdivider shall pay (5) plan check and inspection fees for all public and/or private infrastructure improvements within City's responsibility excluding those financed by an Assessment District. (1) 9.2 Payment of all Assessment District No. 86-2 reapportionment (5) fees shall be made prior to recordation of the Final Map. (1) 9.3 Prior to issuance of certificates of use or occupancy, the (5) Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to any Assessment Districts applicable to the ',hibit A - Resolution No. 2982 je 12 (1) 9.4 Prior to issuance of any building permits, payment shall be (5) made of all required fees including: A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C. Grading plan checks and permit fees to the Community Development Department. D. All. applicable Building plan check and permit fees to the Community Development Department. E. New development fees to the Community Development Department. F. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. G. Required East Tustin Facility Fees as may be adjusted to reflect cost of living increases prior to issuance of building permits: 1) Civic Center Expansion Fee 2) Irvine Boulevard Widening Fee 3) Fire Protection Facility Fee H. 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 $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enable the City to file the Notice of Determination required under Public Resources code Section 21151 and 14 Cal. Code of Regulations 15094. If within such forty- eight (48) hour period that the applicant has not delivered to the Community Development Department the above -noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 ( eight hundred fifty dollars) exhibit A - Resolution No. 2982 ge 13 pursuant to AB 3158, Chapter 1706,. Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. I. Payment of subdivider's execution of a subdivision/monumentation agreement and furnishing improvement/monumentation bonds as required by the City Engineer. GENERAL (1) 10.1 Within 24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) 10.2 Prior to occupancy of units, the Subdivider shall record a final map -in conformance with appropriate tentative map. (1) 10.3 Prior to final map approval. A. Subdivider shall submit a current title report. B. Provision for landscaping maintenance of landscape lots, paseos and easements adjacent to project private streets shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 14371. C. Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance. (1) 10.4 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, EIR 85-2, and applicable conditions for Final Map 13627. , (1) 10.5 The cumulative number of residential units for which (9 ) certificate of occupancy may be issued shall not exceed the (5) cumulative total of square feet of occupied revenue generating s ? ) uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. xhibit A - Resolution No. 2982 ge 14 10.6 Prior to release of building permits, all conditions of approval of Design Review 91-11 of the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 2981 and incorporated herein by reference. However, applicant will be permitted to obtain building permits for model unit construction prior to approval of Final Map 14371 provided all Building Code requirements have been met including Public Works, Fire Department and Community Development Department requirements and approvals. ecs:ro,