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HomeMy WebLinkAboutPC RES 3864RESOLUTION NO. 3864 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 02-037, CONDITIONAL USE PERMIT 02-029, AND VARIANCE 02-004 AUTHORIZING THE DEVELOPMENT OF 376 RESIDENTIAL UNITS (198 MULTIPLE FAMILY UNITS AND 178 PATIO HOMES) AND A PARK SITE ON A 31.64 ACRE PARCEL WITHIN PLANNING AREA 20 OF THE MCAS- TUSTIN SPECIFIC PLAN The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That a proper application for Design Review 02-037 was submitted by John Laing Homes for development of 376 residential units (198 multiple family units and 178 patio homes) and on a 31.64-acre site within Planning Area 20 of the MCAS-Tustin Specific Plan, and Conditional Use Permit 02-029 for development patio homes, and Variance 02-004 for reduction of building setback along the bus turn out on Edinger Avenue; B. That a public hearing was duly called, noticed, and held for said application on March, 10, 2003, by the Planning Commission; C. That the proposed project is located with the "MCAS-Tustin Specific Plan" land use designation of the General Plan, which provides for residential development and conforms to the MCAS Tustin Specific Plan, in that multiple family residential units are permitted and patio homes are conditionally permitted in Planning Area 20; D. That construction of the proposed patio homes will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that patio homes are designed as single family detached units with condominium ownership of common areas. E Pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission 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. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 2 12. 13. 14. 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. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Proposed signage. Development Guidelines and criteria as adopted by the City Council. F. That the applicant has requested approval of Tentative Tract Map 16474 in conjunction with the applications for Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004, and findings and conditions of approval related to dedication of necessary right-of- way and provision of necessary infrastructure improvements have been included in Resolution No. 3863. Go The proposed development meets all required development standards for development of multiple family residential and patio homes, with the exception of the forty (40) foot building setback from Edinger Avenue along the required bus turn out, which will result in an uneven street right-of-way and affects building setbacks related to three units. The applicant has requested a reduction from the forty (40) feet to a minimum of thirty-two (32) feet adjacent to the bus turn out area. There are special circumstances applicable to the property with respect to shape and location, in that the strict application of the development standards of the MCAS Tustin Specific Plan deprives this property of privileges enjoyed by other properties under identical zoning classification. H, The project complies with special development requirements of Planning Area 20 (Section 3.9.3 J) regarding the required provisions of affordable housing. That a Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR) was prepared and certified, which considered the potential development of 588 residential units and that the proposed project includes 376 units or 212 units fewer than was considered in the FEIS/EIR. A checklist was prepared that finds all potential impacts of the project were addressed by the certified Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 3 considered in the FEIS/EIR. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified; all applicable mitigation measures in the FEIS/EIR have been included as conditions of approval. The Planning Commission has adopted Resolution No. 3861 finding that the FEIS/EIR adequately addressed all potential impacts related to the project. II. The Planning Commission hereby approves Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 for development of 376 residential units on a 31.64 acre parcel within Planning Area 20 of the MCAS-Tustin Specific Plan, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 10th day of March, 2003. ~___~Li~d~/~. Jenni ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3864 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of March, 2003. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A DESIGN REVIEW 02-037, CONDITIONAL USE PERMIT 02-029, AND VARIANCE 02-004 RESOLUTION NO. 3864 CONDITIONS OF APPROVAL GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 The proposed project shall conform with the submitted plans for the project date stamped March 10, 2003, 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 and City review required pursuant to Sections 8.6.5 and 8.6.6 of the Disposition and Development Agreement 03-01 ("DDA 03-01"). 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, other applicable codes, and all requirements of DDA 03-01. 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 and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. Approval of Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 will become null and void in the event that City Council does not approve Tentative Tract Map 16474 or conditions of DDA 03-01 are violated. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within the time frames identified in the schedule of performance contained in DDA 03-01. All time extensions may be considered if a written request is within thirty (30) days prior to expiration and processed in accordance with the provisions of DDA 03-01. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 2 (1) 1.5 Approval of Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 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 The development of the project described in Design Review 02-037 and Conditional Use Permit 02-029 shall be in accordance with Concept Plan 02-001 and Tentative Tract Map 16474 approved by Resolution Nos. 3862 and 3863 which are incorporated herein by reference as though fully set forth in DDA 03-01. (1) 1.7 As a condition of approval of Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004, 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. (5) 1.8 The applicant shall implement an affordable housing program in compliance with all applicable provisions of MCAS Tustin Specific Plan Section 3.9.3.J and comply with related conditions contained in DDA 03-01 for implementation of the program. Issuance of certificates of use and occupancy shall be limited to the phasing requirements contained in Attachment 17 of DDA 03-01 and pursuant to this entitlement approval and all conditions of Section 13 of DDA 03-01 shall be incorporated herein as a condition of this entitlement as though fully set forth herein. (5) 1.9 This development is subject to the applicant's fulfillment of all provisions of DDA 03-01. (5) 1.10 Prior to issuance of a building permit, the applicant shall be required to provide a performance bond for vertical and horizontal improvements at the building valuation for individual phased construction which shall not be a duplication of any bonds required by Resolution No. 3863. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 3 GRADING PLAN SUBMITTAL 1) 2.1 Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer, shall be submitted and shall include the following: a, Technical details and plans for all utility installations including telephone, gas, water, and electricity. The location of the relocated IRWD 16-inch waterline shall be shown on all plans and underground utilities, including gas and electrical, shall be shown on the plans. b. Three (3) copies of a precise soils report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. Co Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. do Information demonstrating that drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin's "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989. e. Two (2) copies of an hydrology report. Information demonstrating that vehicle parking, primary entrance to the building, the primary paths of travel, sanitary facilities, drinking fountain, and public telephones for the recreation building shall be accessible to persons with disabilities. g. Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. ho Details indicating that a maximum streetlight spacing of 200 feet staggered from side to side along the street shall be used for on-site street lighting (per City standards for local private residential streets) and placement of streetlights in relation to the intersection locations and other driver decision points for safe pedestrian access through the site. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 4 (3) 2.2 The one-half-inch lip for new or modified access ramps within or adjacent to the site shall be eliminated in accordance with the County of Orange Public Facilities and Resources Department standards. (1) 2.3 The applicant shall provide approval from all utility easement holders for construction within Lots BB and DD. 2.4 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.5 The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. 2.6 A surety/cash bond will be required to assure work is completed in accordance with approved plans for horizontal and vertical improvements as identified in DDA 03-01 prior to precise grading and building permit issuance. The engineer's estimated cost of all vertical and horizontal improvements as defined in DDA 03-01 shall be submitted to the Building Official and the City pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01 for determination of the bond amount. Said bond shall be only reduced or relieved upon approval of the City Manager and in accordance with provisions of DDA 03-01. 2.7 Prior to issuance of a precise grading permit, the applicant shall submit to the Public Works Department design and construction drawings for construction of the bike trail on Lot BB and across Lot DD to be constructed by the developer and the future bike trail proposed within the Peters Canyon Channel. (1) 2.8 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. (1) 2.9 A note shall be provided on the final plans indicating that a six (6) foot high chain link fence shall be installed around the site prior to grading. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. BUILDING PLAN SUBMITTAL (3) 3.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 5 Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (3) 3.2 Building plan check submittal shall include the following: · Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Structural calculations, two (2) copies. · Title 24 energy calculations, two (2) copies. · Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable · Details for the proposed windows and doors. · Roofing material shall be fire rated class "B" or better. · The location of any utility vents or other equipment shall be provided on the roof plan. · Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall- mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. · A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." · Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal and all equipment must be six (6) inches below the top of the parapet, subject to the approval of the Community Development Director. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.3 Sufficiently sized concrete pad in front of mailbox structures shall be provided to allow mail carrier to place mail and homeowner to retrieve mail without standing in the street or landscape area. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 6 (3) 3.4 The third floor of a dwelling unit with a floor area of more than 500 square feet shall have access to not less than two exits. (CBC 1004.2.3.2) (3) 3.5 The recreation area shall be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). (3) 3.6 The number of plumbing fixture units required for the recreation building shall comply with the 2001 California Plumbing Code Chapter 4, Table 4-1, as per type of group occupancy, or as approved by the Building Official. (3) 3.7 Openings in exterior walls shall not be permitted less than five (5) feet from property lines in accordance with the 2001 California Building Code (Table 5A). (3) 3.8 Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California Building Code (Section 310.4). (3) 3.9 Dwelling units shall be provided with heating facilities capable of maintaining a temperature of 70 degrees at a point three (3) feet above the floor in all habitable rooms in accordance with the 2001 California Building Code (Section 310.11). (3) 3.10 An area analysis for all buildings (residences and garages) shall be provided to demonstrate compliance with allowable floor areas based on the 2001 California Building Code Chapter 5, Table 5-B. (1) 3.11 The minimum interior garage space dimensions shall be not less than ten (10) feet in width by twenty (20) feet in depth, clear and unobstructed and shall be shown on the plans. (4) 3.12 Information to ensure compliance with requirements of the Orange County Fire Authority shall be submitted including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. (*) 3.13 The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. (*) 3.14 If determined feasible by the Building Official, the applicant shall implement one or more of the following control measures, if not already required by the SCAQMD under Rule 403 as follows: a) Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces at all actively disturbed sites. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 7 b) Develop a construction traffic management plan that includes, but is not limited to, rerouting construction trucks off congested streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment on-site and off-site. c) Use electricity from power poles rather than temporary diesel or gasoline-powered generators. d) Reduce traffic speeds on all unpaved roads to 15 mph or less. e) Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. f) Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). g) Replace ground cover in disturbed areas as quickly as possible. h) Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications to exposed piles of gravel, sand, or dirt. i) Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two (2) feet of freeboard (i.e., minimum vertical distance between top of the load and top of the trailer). j) Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweepers with reclaimed water when feasible). k) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site each trip. I) Use Iow VOC architectural coatings for all interior and exterior painting operations. DRAINAGE FACILITIES (1) 4.1 Drainage flow lines in all driveways and roadway shall be shown on a storm drain plan. (1) 4.2 Catch basin placement at all street tapers shall be evaluated and reconfigured, if necessary, to eliminate trapped water conditions. 4.3 All roadway drainage shall be relocated to drain Iow points out of street intersections. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 8 (1) 4.4 For drainage Node 163 (cul-de-sac sump inlet east of main entry from Edinger Avenue) on the Hydrology Plan, a highpoint shall be added to prevent additional on-site area flow to drains into sump conditions. Design of Node 163 shall be similar to design for Node 167 where 25-year flow is 1.6 cubic feet. In addition, the drainage area to Node 163 (sump area east of Edinger Avenue entry) shall be revised to reduce the 25-year storm flow to an amount that only includes the immediate drainage area for the lots on the cul-de-sac. The Hydrology Analysis needs to consider the cross gutter proposed for this cul-de sac. (1) 4.5 The anticipated on-site storm water runoff that may be discharged to Harvard and Edinger Avenues shall be shown and the method for providing a secondary drainage outlet for all sump conditions shall be shown. (1) 4.6 The applicant shall submit an agreement to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants from any loss, damage, claims, costs, and expenses related to flooding or drainage due to flooding. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 5.1 All public facilities shall comply with the provisions of the Federal Americans with Disabilities Act. (1) 5.2 All improvement work shall be performed in accordance with the applicable provisions of the City of Tustin's "Standard Drawings and Design Standards for Public Works Construction," "Grading Manual," and "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989. (1) 5.3 Storm drains shall be constructed within or adjacent to the development per applicable County of Orange and City of Tustin standards. (1) 5.4 Drainage collections within the site shall be designed for a minimum 10-year storm frequency except in sump conditions where a 25-year storm frequency shall be used. (1) 5.5 All slopes shall conform to the City of Tustin's "Grading Manual" design guidelines. (1) 5.6 An encroachment permit and/or approval shall be obtained from the County of Orange for any work within Orange County Flood Control's present or future right-of-way. (1) 5.7 Permission from property owners shall be required for any work located on adjacent properties. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 9 5.8 Construction of catch basins, storm drain laterals and junction structures are required to eliminate the need for cross gutters. (1) 5.9 Adequate horizontal and vertical intersection sight lines will need to be provided. In general a 25' x 25' limited use area triangle provides adequate sight at typical driveways. Additional sight evaluation, however, could be required to satisfy City of Tustin Standard Drawing No. 510 for all affected streets. The site lines shall be shown on the grading plan and landscape plan. If detailed analyses are requested, all landscaping within the limited use area would need to comply with City of Tustin Standard Drawing No. 510. (1) 5.10 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. 5.11 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 5.12 Prior to any work in the City of Tustin and/or City of Irvine public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department of the respective agency. 5.13 In addition to the normal full size plan submittal process, all final development plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 14 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 10 (1) 5.14 5. 5 5. 6 (1) 5.17 5. 8 (1) 5.19 (1) 5.20 (1) 5.21 (1) 5.22 This development shall comply with all applicable provisions of the City of Tustin, Federal, State, County, and Regional Water Quality Control Board rules and regulations. No structures shall be permitted to be developed over active pipelines, abandoned lines, or utility easements, except where approved by the City Engineer. All utility line and connection costs to the backbone infrastructure/utility system (water supply, sanitary sewer facilities, reclaimed water supply, storm drainage and other utilities) needed to serve individual projects shall be the responsibility of the developer unless otherwise determined with a development agreement. All water supply, sanitary sewer facilities, reclaimed water supply, storm water drainage and other facilities shall be provided in accordance with the adopted Specific Plan. Costs for MCAS Tustin Backbone Infrastructure as identified in DDA 03-01 shall be assigned in accordance with a cost-benefit formula established by the City, based on the provisions of DDA 03-01. All private streets that provide main circulation of the site shall meet the minimum width requirement of twenty-eight (28) feet without parking as required by Section 2.52(B)(8) of MCAS Tustin Specific Plan with the exception of the areas designed with twenty-four (24) feet for the purpose of traffic calming. Private streets with parking on two sides shall maintain a minimum curb to curb width of thirty- six (36) feet as required by the MCAS Tustin Specific Plan noted section. All curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official. All roadway widths and parking area widths (and lengths where appropriate) on the plans shall be dimensioned on the plan. For the entry off Harvard, a minimum pavement width of twenty (20) feet on each side of the landscape island for the entire length of the island shall be provided. Footings for all retaining walls shall be located within the tract boundary. The development shall comply with all provisions for pedestrian access and bikeway trails in accordance with Sections 2.5 and 2.6 of the MCAS Tustin Specific Plan including design and construction of future connection to a bike trail along the north side of the project, including a connection for future access along the west side Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 11 of the future tract boundary to connect to a future planned bike trail within the Peters Canyon Channel improvement area currently owned by the Department of Navy. All bikeway improvements on the project site shall be provided within the private property subject to recordation of an access and maintenance agreement and shall be designed for future access to the future trail within the Peters Canyon Channel. (1) 5.23 The applicant shall identify waste hauler(s) to be utilized during the project. The City of Tustin's waste hauler shall be used. No other haulers are to be utilized pursuant to City Code Section 4322. (1) 5.24 Prior to the issuance of any precise grading or any encroachment or building permit, the applicant shall be required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of adequate physical space to accommodate all planned tenant recycling programs. WATER QUALITY (1) 6.1 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: ao Prior to issuance of building permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. b. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. Co Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 12 property owners of the requirement to implement the approved WQMP. d, The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 6,2, Prior to issuance of any permits for projects of five (5) acres or more, the applicant shall submit a copy of the Notice of Intent (NOI) 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 Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. (1) 6.3 The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: a, Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. bi Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or, contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. C, Potential pollutants include, but are not limited to, solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives, and solvents; asbestos fibers, paint flake or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water, concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushing. During construction, disposal of such materials shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 13 d. Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. MODEL HOME PLAN AND CONSTRUCTION PHASING (1) 7.1 The applicant may obtain grading and building permits for model unit construction prior to recordation of the final map if all applicable zoning, building, and construction standards have been met to the satisfaction of the Community Development Department, Public Works Department, and the Orange County Fire Authority. (1) 7.2 Temporary construction fencing shall be permitted to encroach into required travelways of private streets or drives once constructed and shall be removed prior to issuance of Certificate of Occupancy for the model homes. (1) 7.3 The developer shall close and convert the model homes to occupancy within 90 days from the last home sale of the same style home. Prior to issuance of building permits for the model homes, the developer shall submit a bond to ensure the conversion. (*) 7.4 Permits for phased improvements shall not be issued until the City under its proprietary authority in Sections 8.6.5 and 8.6.6 of DDA 03-01 has approved each phase by design documents and the developer is in compliance with all applicable provisions of DDA 03- 01. ARCHITECTURE (4) 8.1 Building elevations visible from Edinger Avenue and Harvard Avenue shall be designed in accordance with the Urban Design Guidelines contained in the MCAS Tustin Specific Plan with respect to mass, variety of color and material, architectural articulation in form of window trim, fascia molding, planter boxes, etc. to the satisfaction of the Community Development Department and pursuant to Sections 8.5.6 and 8.6.6 of DDA 03-01. (4) 8.2 The design of the recreational building shall incorporate the character defining features of the residential products within the subdivision subject to review and approval by the Community Development Department and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (4) 8.3 Window trims, surrounds, and mullions shall be provided on all elevations consistent with the architectural treatment and of the buildings subject to final approval of the Community Development Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 14 Department and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (4) 8.4 All roof materials shall be subject to final approval by the Community Development Department and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (4) 8.5 All exterior doors and windows, glass, and frame color shall be subject to final approval of the Community Development Department and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (4) 8.6 All exterior colors and textures shall be submitted to review and approval of the Community Development Department and City review required pursuant to Sections 8.6.5 and 8.6. of DDA 03-01. Colors, materials, and textures shall be coordinated with the architectural styles and noted in construction plans. (4) 8.7 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 from Edinger Avenue and Harvard Avenue and screened by adequate landscaping or other effective screening devices. (4) 8.8 All exterior elevations shall include any roof-mounted fixtures or equipment. LANDSCAPING/HARDSCAPE (1) 9.1 Submit 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. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 15 (1) 9.2 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 over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. · Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. · Ground cover shall be planted eight (8) to twelve (12) inches on center. · 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. Major points of entry to the project, private streets, and private drives and internal circulation shall receive specimen trees to create an identifying theme. 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. An opaque screen consisting of one or a combination of berms, masonry walls, and landscaping integrated into an aesthetic pattern shall be installed along site boundaries where residential uses abut arterial or secondary highways, with the aggregate height of berms and walls not to exceed six (6) feet, eight (8) inches, or higher as may be required and approved to mitigate noise impacts. Screening Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 16 shall consist of one or any combination of the following components: · Walls, including retaining walls, shall consist of concrete, stone, brick, tile, or similar masonry material. · Berms shall be constructed of earthen materials and shall be landscaped according to an approved plan. Evergreen or deciduous trees or shrubs consistent with landscape guidelines contained in the Specific Plan. Trees shall vary in size and species to provide smaller broad dome trees and upright vertical trees along the street right-of-ways consistent with the requirements of the Urban Design Guidelines Section 2.17 of MCAS Tustin Specific Plan and subject to final approval of the Community Development Department. Edinger Avenue shall be designed with a nine (9) foot meandering sidewalk and Harvard Avenue shall be designed with a five (5) foot meandering sidewalk consistent with the requirements of Urban Design Guidelines Section 2.17 of the MCAS Tustin Specific Plan. Landscaping/screening at intersections shall be designed and maintained to not restrict vehicular sight distance in accordance with the current City of Tustin and Irvine standards. (1) 9.3 Location of the proposed 8.5 .foot high sound wall and boundary line between Lot BB and the residential lots on the north side of the property shall be accurately shown on the site plan and the landscape plan. Minimum rear yard setback for multiple family units from the property line is ten (10) feet. (4) 9.4 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) 9.5 Perimeter tract walls shall be constructed of high quality materials and matching architecture subject to final approval of the Community Development Department and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (4) 9.6 The proposed three (3) foot maximum high retaining wall (to protect existing utilities) along the northeast corner of the site is shown to be within the ten (10) foot building setback for the residential lot. In addition, the utility structures being protected by the proposed retaining wall are within the residential lot. The plans should locate Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 17 the proposed utility protection retaining wall outside the residential lot and the ten (10) foot building setback. (4) 9.7 The main entries to the project at Edinger and Harvard Avenues are significant to the Tustin Legacy project. The hardscape treatment shall be consistent with Section 2.17 of the MCAS Tustin Specific Plan and subject to final approval of the Community Development Department and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (1) 9.8 Trees along the public rights-of-way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. USE RESTRICTIONS (5) The project shall include 376 units, including 198 multiple family units and 178 patio home units of which 78 units are required to be offered as affordable units. (1) 10.2 Private open space shall be allocated in accordance with the approved "Private Open Space Exhibit." Any changes to the allocation of private open space shall be reviewed and approved by the Director of Community Development and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (4) 10.3 Parallel guest parking spaces, guest parking stalls, and driveway parking spaces shall be maintained as shown on the approved "Parking and Circulation Exhibit." Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (*) 10.4 A maximum of thirty (30) percent of four-bedroom units shall be provided within the multiple family products with the required number of parking spaces in accordance with MCAS Tustin Specific Plan Sections 3.9.3 and 3.13.2. (5) 10.5 Individual trash can service may be provided on the site. Trashcans shall be placed only in the locations identified on the approved "Curbside Trash Pick-up Exhibit" up to eight (8) hours prior to regularly scheduled trash collection and shall be removed within eight (8) hours of trash collection. (1) 10.6 No outdoor storage shall be permitted during grading or building stages, except as approved by the Tustin Community Development Director. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 18 AFFORDABLE HOUSING (1) 11.1 The subdivider shall comply with the obligations contained in Section 13 of the DDA 03-01 regarding affordable housing unit obligations and shall make available these affordable units by income categories as shown and approved with the Concept Plan 02-001 as herein modified. There shall be twenty-two (22) units sold to very Iow income households, twelve (12) units sold to lower income households, and forty-four (44) units sold to moderate income households. Modifications to the phasing plan to reflect the revised affordable unit count by location shall be subject to City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. Separate recordable affordable covenants and other binding agreements shall be recorded against each unit as identified in Section 13 of DDA 03-01 and will be binding on properties upon sale of transfer of units for a minimum of 45 years. ORANGE COUNTY FIRE AUTHORITY (1) 12.1 Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. 12.2 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 744-0499 for additional information. Sprinklers will be required for structures exceeding 5,500 square feet and/or those structures which are out of fire department access. This cannot be determined until the footprint of the actual structures is indicated. (1) 12.3 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Building permits will not be issued without OCFA approval is obtained as a result of an on- site inspection. Please contact the OCFA at (714) 744-0499 to obtain a copy of the standard combustible construction letter. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 19 NOISE 13.1 Plans for noise attenuation of residential units located near arterial highways and railroad rights-of-way, which ensure that interior and exterior noise levels (including balconies) do not exceed State and local requirements of the City of Tustin shall be submitted for review and approval prior to issuance of building permit or recordation of the final map, whichever occurs first. (1) 13.2 A sound wall shall be constructed along the northerly boundary adjacent to the OCTNSCRRA Railroad. The utility owner's approval will be required for construction within the adjacent existing 50-foot public utilities easement. ENVIRONMENTAL (1) 14.1 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. The developer shall enter into an agreement (DDA 03-01) with the City of Tustin to establish a fair-share mechanism to provide needed Tustin Legacy Backbone Infrastructure, including fire, police, and related facilities (i.e., bikeway, etc.). bo Prior to issuance of grading permits, the four-acre parcel currently outside the boundaries of the Air Station along Harvard Avenue shall be surveyed to determine the presence/absence of archeological resources prior to grading. C. Prior to issuance of grading 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. d. 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. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 20 e. Prior to the issuance of a grading 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. Prior to issuance of a grading 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. g. The site development shall include a pedestrian circulation component showing pedestrian access to regional hiking trails, parks, schools, shopping areas, bus stops, and/or other public facilities. FEES (1)(5) 15.1 Prior to issuance of any 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. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule. Co Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. do Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule. The current fee is $2,910 per single family unit and $1,694 per multiple family unit. eo Water and sewer connection fees to the Irvine Ranch Water District. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 21 f. New development tax is $350.00 per unit. go School facilities fee in the amount as required by Irvine Unified School District. h. Other applicable parkland in-lieu fees and Tustin Legacy Backbone Infrastructure Program fees as required by DDA 03- 01. 15.2 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 forty-three dollars ($43.00) 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.