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01 TT MAP 15316 11-18-96
NO. 1 11-18-96 Intor-Gom DATE: NOVEMBER 18, 1996 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT MAP 15316 (KAUFMAN AND BROAD) SUMMARY:' veSting Tentative Tract Map 15316 is a reqUest to. subdiVide a 9:47 acre site, located on the' northerly side' of Heritage way, east .of Tustin Ranch Road, into 71 numbered lOts and three '(3) lettered lots to accommodate71 single.familY detached dwellings: On. OctOber 28, 1996, the Planning Commission recommended that the City Council approve Vesting. Tentative Tract Map:15316 by 'adopting ResolUtion NO..3488 (Attachment A)and apprOved l the site. and architectural develOpment planS fOr the ProjecLi Applicant: Kaufman and:Broad Owner: The Irvine Company. RECOMMENDATION That the City Council: 1. Adopt Resolution No. 96-117 approving the environmental determination for the project; and . Adopt Resolution No. 96-118 approving Vesting Tentative Tract Map 15316. FISCAL IMPACT The applicant has paid application fees to recover the cost of processing this application. BACKGROUND/DISCUSSION In November of 1995, the City Council approved Zone Change 94-004 and the Second Amendment to the East Tustin Development Agreement. These approvals changed the zoning on the subject 'property from Planned Community - Community Facility '(part of a former high school site) to Planned Community - Residential. The East Tustin Land Use Plan was also amended to designate the property Medium-Low Density Residential (10 dwelling units per acre). City Council Report Vesting Tentative Tract Map 15316 November 18, 1996 Page 2 On May 6, 1996, the City Council approved Tentative Tract Map 15055 which subdivided the former high school site into five (5) numbered lots and nine (9) lettered lots (see attached). Project Description and Site Plan The site is located in Sector 11 and is bounded by Heritage Way to the south, Lot 1 of Tract 15055 to the north (proposed 316-unit apartment site), an existing apartment complex (Rancho Mariposa) to the east, and a future 5-acre neighborhood park to the west. The applicant proposes to subdivide the 9.47-acre site into 71 numbered lots and three (3) lettered lots for the purpose of constructing 71 detached single-family dwellings. The proposed density for this project is 7.5 units per gross acre, which falls below the maximum allowable density of 10 units per gross acre for the Medium-Low designation. Conventional single family residential lots are proposed with direct access and drainage to the street system. The minimum lot size proposed is 3,375 square feet, which exceeds the minimum lot size requirement'of 3,000 square feet. Public streets are requested within the subdivision, which would minimize the maintenance responsibilities of the future Homeowners Association, but would also require that the streets be constructed to City standards and maintained by the City. As a result, a more traditional streetscape is proposed with landscaped parkways and street trees between the street curb and sidewalk. Topographically, the site is proposed to be comprised of two relatively flat areas separated by a grade differential of approximately seven (7) feet between the north'and south halves of the property with the north half at the higher elevation. The transition between the two grades is accommodated by a combination of 2:1 slopes and retaining walls in the rear yards of Lots 62 through 71. A 25-foot storm drain easement is proposed through the property to carry underground storm water flows from the proposed apartment project to the north down to the Heritage Way storm drain. The easement traverses the site through Lots 10 and 18 and Streets "B" and "E". Additional lot width is provided on Lots 10 and 18 to accommodate the easement. Access, Traffic and Circulation Access to the site is proposed via a single access route (Street "A") from Heritage Way. The tract entrance is offset approximately City Council Report Vesting Tentative Tract Map 15316 November 18, 1996 Page 3 275 feet from Lager Way to the east and approximately 390 feet 'from Estancia Way to the west. Street "A" connects to an internal loop street system which provides access to two cul-de-sacs at the east and west ends of the site. Lot C, located at the westerly terminus of Street "D", provides a 20-foot wide pedestrian access path between the proposed sub- division and the' adjacent park site. A self-closing, non-locking gate will be provided at the entrance to the.park site. The maintenance of Lot C will be the responsibility of the Tract 15316 Homeowners Association. The project exceeds the East Tustin Specific Plan (ETSP) Medium-Low guest parking requirement of one (1) on-street parking'space per unit by providing a total of 75 on-street spaces. Each unit will include a two-car garage and a full length driveway. Architecture and Landscape Desic[n The proposed plans include three building types, each with two alternative elevations. Ail three are two-story, with heights ranging from 22 to 25 feet. The three different floor plans range in size from 1,325 square feet with three bedrooms to 1,885 square feet with a four bedroom option. The architecture proposed is a contemporary interpretation of early California vernacular styles. Elevation "A" of each building type incorporates Craftsman design elements, such as stone foundation veneers, wood posts and trim, flat roof tiles and rectilinear window types. The "B" versions of each building type will incorporate Mediterranean design features, such as arched porticos and window tops, Mission tile 'roofs and stucco columns. All exterior wallS will be stucco clad. As an added design amenity, front porches are proposed for each building and elevation type. The various details and massing elements of the proposed structures and the traditional parkway elements in the public rights-of-way will enhance the streetscape. The colors proposed for this project include eight base stucco colors and coordinated color schemes which are generally consistent with the design goals of Tustin Ranch. The conceptual landscape plan shows that the proposed landscaping is consistent with the Landscape Concept Plan for Tract 15055 and with the improvements in place within Sector 11. The landscape treatment includes the use of Canary Island Pine trees, informal drifts of Eucalyptus, and a variety of shrubs and groundcovers. Street trees and turf are proposed in the project site's interior City Council Report Vesting Tentative Tract Map 15316 November 18, 1996 Page 4 parkway system. Tree species proposed consist of Carrotwood trees along the east-west streets and Jacaranda trees along the north- south streets. ENVIRONMENTAL ANALYSIS An Initial Study has been prepared for this project and is attached to this report. Based upon review of the proposed project and Environmental Impact Report (EIR) 85-2, as amended, it has been determined that environmental issues relating to this projeCt have previously been addressed. Mitigation measures identified in EIR 85-2, as amended, are included as conditions of approval; therefore, staff recommends that the Council find that requirements of the California Environmental Quality Act have been met and no further environmenta% review is required. Associate Planner Elizabeth A. Binsack Community Development Director Attachments: Location Map Statistical Summary Tentative Tract Map 15055 Tentative Tract Map 15292 &.Conceptual Plans Attachment A - Planning Commission Resolution 3488 Resolution Nos. 96-117 and 96-118 GG: br: ccreport \TT15316. City Council Report Vesting Tentative Tract Map 15316 November 18, 1996 Page 5 Statistical Summary Vesting Tentative Tract Map 15316 and Design Review 96-022 Kaufman and Broad Coastal, Inc. Requirement Proposed Gross Site Area Building Area Open Space Street Area N/A 9.47 acres N/A 6.4 acres N/A 0.22 acres N/A 2.85 acres Minimum Lot Size. 3,000 square feet 3,375 square feet Total Units 94 maximum 71 units Density 10 du/ac (gross) 7.5 du/ac (gross) Lot Coverage 70% 36% Building Setbacks Front Yard Side Yard Rear-Yard 15 feet minimum 5 feet minimum 10 feet minimum 15 feet minimum 5 feet minimum 12.7 feet minimum Maximum Height 35 feet 25 feet Resident Parking 142 spaces (2-car garage per unit) 142 spaces (2-car garage per unit) Guest Parking 71 spaces 75 spaces PLAN SO. FT. DESCRIPTION QUANTITY % 1,325 1,692 1,885 3 BD, 2.5 BA 4 BD, 2.5 BA 4 BD, 2.5 BA 15 21.1 25 35.2 31 43.7 TOTALS 71 100% I ~ ~.:i l,,,~,i ill .i, lJ~ ! ! It ® ®0 ,. · . . o Z LLI ,,~ 0") z ,,~ ',_! i l llJ [!4~t,' ' ' t j 11~ c" ~ .Eo ~JiJ II ,i~ JlJil !,J,I, Ill j. I II , i ! I I I o 0 ( / i i i ! o ... 0 0 ! i ~-~ -- i i i o 0 o 0 0 © 1 RESOLUTION NO. 3488 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP NO. 15316. The Planning Commission of the City of Tustin does hereby resolve as follows: I . The Planning Commission finds and determines as follows: a. That Vesting Tentative Tract Map No. 15316 was submitted to the Planning Commission by Kaufman and Broad, Coastal Inc. for consideration; That a public hearing was duly called, noticed and held for said map on October 28, 1996 by the Planning Commission; That Environmental Impact Report 85-2, as' modified by supplements and addenda, for the East Tustin Specific Plan, has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project; That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single-family dwellings; E o The 0.5964 acres of parkland required for this development was previously dedicated with recordation of Tract 15055; F ° That the City has reviewed the status of the School Facilities Agreement between ~the Irvine Company and the Tustin Unified School District, for the impact of Vesting Tentative Tract 15316 on School' District facilities, and changes in State law. The impacts associated with this approval on School District Facilities are adequately addressed; G. That the site is physically suitable for the type of development proposed; Ho That the site is physically suitable for the proposed density of development; ATTACHMENT A 10 11 12 13 14 15 Resolution No. 3488 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; g. That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision; Ko That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; and, m. The project has been determined to be exempt from the provisions of Measure "M" because entitlements specified in the East Tustin Development Agreement entered into in 1985, and the estimated project generated traffic does not cause the roadway 'system to exceed established levels of service standards. II. The Planning Commission hereby recommends that the City Council approve Vesting Tentative Tract Map No. 15316, subject to the conditions contained in Exhibit A attached hereto. 16 17 18 19 2O PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 28th d,9~ of October, 1996. ~ E~ L~U BONE Chairman y Recording Secretary 21 22 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 23 24 25 26 27 I, BARBARA REYES, the undersiqned, hereby certify that I am the Recording Secretary of t~e Planning Commission of the City of Tustin, California; that Resolution No. 3488 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of October, 1996. Recording Secretary 28 EXHIBIT A VESTING TENTATIVE TRACT MAP 15316 RESOLUTION NO. 3488 CONDITIONS OF APPROVAL GE/~ERAL (1) 1.1 Within 24 months from tentative map approval, the Subdivider shall record with appropriate agencies, a final map prepared in accordance' with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) 1.2 Prior to release of building permits, all conditions of approval of Design Review 96-022 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3487 and incorporated herein by reference. However, the applicant will be permitted to obtain building permits for model home construction prior to approval of a final map provided approvals have been obtained from the Community Development, Public Works and Fire Departments. (1) 1.3 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development Agreement (and amendments thereto), EIR 85-2, and applicable conditions for Tentative Tract Map 15055. (1) 1.4 The cumulative number of residential 'units for which (2) certificates of occupancy may be issued shall not exceed the cumulative total or square feet of occupied revenue generatin~ uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. (1) 1.5 Tract 15055 shall be recorded prior to the approval of the final maps for Tract 15316. (5) 1.6 The subdivider shall be required to execute Subdivision/ Monumentation Agreements and provide improvement/monu- mentation Bonds to the City prior to recordation of the final map. SOURCE CODES (.1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW * * * EXCEPTION Exhibit A Resolution No. 3488 Page 2 (1) 1.7 Prior to final map approval, the subdivider shall submit: A. A current title report; B o A duplicate mylar of the Final Map, or 8~ inch by 11 inch transparency of each map sheet prior to final map 'approval and "as built" grading,. landscape and improvement plans prior to Certificate of Acceptance; and C o A list of street names to be approved by the City of Tustin Street Naming Committee. (1) 1.8 Tract 15055 shall be recorded prior to the issuance of any permits, including rough grading, for Tract 15316. PUBLIC/PRIVATE iNFRASTRUCTURE IMPROVEMENTS (1) 2.1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and construct or post security (3) guarantying construction of all public and/or private, (6) infrastructure improvements'within the boundary of said tract map in conformance with applicable City standards, 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 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 storm drain facilities within this tract will be private drains to be maintained by the Homeowner,s Association. N. Undergrounding of existing and proposed utility distribution lines O. Lot monumentation P. Fire hydrants Exhibit A Resolution No. 3488 Page 3 The above plan shall be prepared by a California. Registered Civil Engineer. In addition, prior to the issuance of any permits, the developer shall submit a 24" x 36" reproducible work area traffic control plan, prepared by a California Registered Civil Engineer or Civil Engineer experienced with this type of plan preparation. (1) 2.2 The amount of acceptable security for construction of (5) public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building 'Official. (1) 2.3 A separate 24" X 36" street improvement plan, as prepared by a California Registered Civil Engineer,. will be required for all construction, within the public right-of-way. All construction shall be referenced to applicable City, County, or Irvine Ranch Water District standard drawing numbers. Said plan shall include, but not be limited to the following: 1. Curb and gutter 2. Sidewalks, including curb ramps for the physically disabled 3. Drive aprons 4. All signing/striping modifications 5. Street paving 6. Street lights ~ ~ 7. Catch basins/storm drain laterals/connection to existing storm drain system. In addition, a 24" X 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. (5) 2.4 The street'improvement plan shall also include striping and signing plans to modify existing striping on Heritage Way and on "A" Street. (5) 2.5 A catch basin on "E" Street north of "B" Street shall be provided in front of Lot 18 for Sanitation District maintenance access. (5) 2.6 A street light shall be provided in frOnt of Lot 69 unless otherwise approved by the~City Engineer. Exhibit A Resolution No. 3488 Page 4 (1) 2.7 Ail changes in existing curbs, gutters, sidewalks (5) and other public improvements shall be ~the responsibility of subdivider. (s) (1) 2.8 PreparatiOn of plans for and construction of: (2) A. Ail sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency.. These facilities shall include a qravity flow system per standards of the Irvine Ranc~ Water District. B o A' domestic water system must -be designed and installed, to the standards of the Irvine Ranch Water District or City of Tustin Water Department, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall meet the standards as required by the Irvine Ranch Water District. C. Sewer and water facilities shall be clearly indicated as publicly maintained. Maintenance access to water facilities shall be the responsibility of the Homeowner,s Association, and accommodations for such access shall be established prior to building permit issuance. (1) 2.9 Proposed streets shall be designed to the following (5) specifications: (6) A. Ail proposed streets and drives shall be designed. in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. m o Ail streets shall be constructed in accordance with City requirements in terms of type and quality of materials used where practical. Exhibit A Resolution No. 3488 Page 5 Co Parking shall be prohibited within cul-de-sacs, curves and along Street "A". Signage and/or red curbing shall be installed where appropriate. (1) 2.10 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized. (5) 2.11 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The acceptable formats shall be Integraph-. DGN or AutoCad DWG file format, ~but in no case less than DXF file format. The City of Tustin CADD conventions shall be followed in preparing plans in CADD, and these guidelines are available from the Engineering Division. The CADD files shall be submitted to the City at the time the plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. (5) 2.12 Coordination with Irvine Apartment Communities, the adjacent northerly property owner (Lot 5 of Tract 15055) regarding the provision of a secondary outlet for storm run-off from Tract 15350 will be required. Coordination of storm water flows from Tract 15350 will be required for proper sizing of storm drain system through.this proposed development. (5) 2~13 The Subdivider shall submit, two (2) copies of the Notice. of Intent for the NPDES construction permit, as submitted to the State of California Water Resources Control Board (one copy to Community Development Department/Building Division and one to the Public Works Department/Engineer- ing Division). Exhibit A Resolution No. 3488 Page 6 DEDICATIONS/RESERVATIONS/EASEMENTS (1) 3.1 The subdivider shall satisfy dedication .and/or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other agencies. (1) 3.2 LandscaPe maintenance of Lots A, B and C shall be the (5) responsibility of the Homeowners Association. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 4.1 Prior to recordation of the final map, subdivider shall (2) post with the Community Development Department a minimum (5) $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City appearance.of public streets, an additional incremental deposit will be required. (1) 4.2 Any damage done to existing street improvements and (5) utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development, on any parcel within the subdivision. (1) 4.3 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. GRADING/GENERAL (1) 5.1 Prior to issuance of grading permits- (2) (5) A. A detailed soils engineering report shall be J submitted to and approved by the Building Official · conforming to the requirements of the Uniform Building Code, City grading requirements, and all other applicable State and local laws, regulations and requirements. Exhibit A Resolution No. 3488 Page 7 B . The applicant shall submit a grading plan subject to approval by the Department of. Community Development delineating the following information: . Methods of drainage in accordance with all applicable City standards. . Recommendations submitted and approved by a geotechnical or soils engineer. . Compliance with conceptual grading shown on tentative tract map. o A d~ainage plan and necessary support documents, such as hydrology calculations, to comply with the following requirements: a o Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary eaBements on the final map as required. b. Elimination of any sheet flow and ponding. C . Provision of drainage facilities to protect the lots from any-high ~elocity scouring action. d. Provision for tributary drainage from adjoining properties. 5. Ail flood hazard~areas of record. A note' shall be placed on the grading plan requiring Community DeveloPment Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. Exhibit A Resolution No. 3488 Page 8 C. P . . A note shall be placed on the plans that a qualified paleontologist/archaeologist, as appropriate shall be present during rough grading operations. If resources shall be excavated or preserved.as deemed appropriate or as recommended by the paleontologist/ archaeologist subject to review and approval by the Departments of Public Works and Community Development. Ail "finds" shall be reported immediately to the Department of Community Development. The paleontologist/ archaeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. The applicant shall prepare a sedimentation and erosion controI plan for all construction work related to the subject Tract including a method of control to prevent dust and windblown earth problems. Said plan shall be reviewed and approved by the Community Development Department. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. . The applicant shall prepare a hydrology and hydraulic calculations for this subject tract. Said plan shall be reviewed and approved by the Public Works Department. F. Final certification of all previous 'remedial grading work on the property shall be approved by the Public Works 'Department prior to issuance of any grading permits for this project. (1) 5.2 All earthwork shall be performed in accordance with the (3) City of Tustin Municipal codes and grading requirements. (1) 5.3 Prior to the recordation of a final map, the applicant (5) shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) that identifies the application and incorporation of those routine structural 'and non- structural Best Management Practices (BMPs) and detailing implementation of the BMPs not dependent on specific land uses. Exhibit A Resolution No. 3488 Page 9 (1) 5.4 Prior to issuance of grading, grubbing and clearing or (5) paving permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Storm water Permit for General Construction Activities from the State Water Resources Control Board~ Evidence that this has been obtained shall be submitted to the Building Official. FIRE DEPARTMENT (5) 6.1 Prior to the recordation of a subdivision map, the subdivider shall submit water improvement plans to the Fire Chief for review and approval to ensure, adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Fire Chief. (5) 6.2 Prior to the recordation of any subdivision' map or the issuance of any building permits,-whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (5) 6.3 Prior to the recordation of a subdivision map, the aPplicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the City. The deed restrictions shall contain provisions which prohibit obstructions within ~he fire protection access easement. The approval of the Fire Chief is required for any modifications, such as speed bumps, control gates or other changes within said easement. (5) 6.4 Prior to issuance of any grading'permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with the Manager and Traffic Engineering. The plans shall include the plan view, sectional view and indicate the width of the street or court measured from flow line to flow line. Ail proposed fire apparatus turnarounds shall be clearly marked when dead-end street exceeds 150 feet or when other conditions require it. Exhibit A Resolution No. 3488 Page 10 (5) 6.5 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the location of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. (5) 6.6 Prior to the issuance of the certificate of use and occupancy, the approved fire lane marking plan shall be installed. The CC&R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (5) 6.7 Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for fire fighting.purposes will be placed on the site. An all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site. (5) 6.8 Prior to the issuance of building permits, an Orange County Fire Authority Water Availability form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire e~tinguishing system shall be installed in each structure, mn a manner meeting the approval of the Fire Chief. (5) 6.9 Prior to the issuance of building permits, the applicant shall submit a Fire Safety Site Plan for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire. Safety Site/Architectural notes to be placed on the plans. (5) 6.10 Prior to the issuance of any building permits on those lots(s)/parcel(s) determined applicable by the Fire Chief, ~plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy. Exhibit A Resolution No. 3488 Page 11 (5) 6.11 Prior to the issuance of certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating their locations on the street or drive, per the Orange County Fire Authority Standard, and approved by the Fire Chief. On private property these pavement markers are to be maintained in good condition by the property owner. (5) 6.12 Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approval of the construction details for any access gate. Contact the Orange County Fire Authority Plan Review Section at (714) 744-0403 for a copy of the "Guidelines for Fire Authority Emergency Access." NOISE (1-) 7.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an exPert or authority in the field of acoustics. Ail residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be 'satisfied in a manner consistent with applicable zoning regulations shall be provided. m o Due to the project's close proximity to the Browning Corridor, said study shall provide information on single event noise measurements as generated by helicopter flyovers for information purposes only. Exhibit A Resolution No. 3488 Page 12 (1) 7.2 Prior to issuance of any Certificates of Use or (2) Occupancy, field testing in accordance with the Title 25 (3) regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (1) 7.3 All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance, and shall take place only'during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturdays, unless otherwise determined by the Building Official. (1) 7.4 Construction hours shall be clearly posted on the site t© the satisfaction of the'Building Official. CC&R'S (1) 8.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and City Attorney,s Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after recordation. CC&R's shall include but not be limited to the following provisions: a. o The City Shall be included as a party to the CC&R's for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City.shall not be obligated to enforce the CC&R's. ~ The requirement that association bylaws be established. C o Do Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails) and paseos. Membership in any Homeowner's Association shall be inseparable from ownership in individual lots.. Exhibit A Resolution No. 3488 Page 13 o Fo Architectural controls shall be provided and may include but.not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: Ail common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris and weeds. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. Ail trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. Ail private, roadways, sidewalks and paseos shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement[ abrupt vertical variations and debris on travel ways should be removed or repaired promptly. In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times. o Common areas shall be maintained in such a manner as to avoid 'the reasonable determination of a duly authorized official of 'the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to pUblic health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property may also be added as alternative language. Exhibit A Resolution No. 3488 Page 14 g. Ho I o J. Ko n o Mo Homeowner,s Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All'plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. Residents shall not store or park any non-motorized vehicles, trailers-or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking space, driveway or private street area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner,s Association may adopt rules and regulations to authorize exceptions. There shall be no parking of any kind on driveways that are less than 19 feet in length. A total of 142 parking spaces shall be permanently maintained at a rate of two garage spaces per each dwelling unit. An additional minimum of 71 unassigned on-street guest spaces shall also be permanently provided. Individual units shall not have separate external television and radio antennas. Either a central antenna shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be prewired and served by an underground cable antenna service, provided by a company licensed to provide such service within the city. ~ Ail utility services serving the site shall be installed and maintained underground. The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting t'he assoCiation in the case of emergency or in those cases where the City has an i'nterest in CC&R violations. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. Exhibit A Resolution No. 3488 Page 15 N. O. P . Q. Ro S . T o The Association shall be responsible for establishing and following procedures for providing entry gate access to the public utilities' for maintenance of their facilities within the project area, subject to those agencies' approval. No amendment to alter, modify, terminate or.change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall (include if the Wall is located on private property) or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the. project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development. Department. Maintenance of Lots A, .B and C shall be by .the Homeowners Association. Disclosure to all future homeowners and purchasers of property that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct. views from the. owner's unit, and that the City of Tustln makes no claim, warranty or guarantee that views from any unit will be preserved as development of surrounding properties oCcurs. Maintenance of all slopes and drainage devices on individual lots within fenced~yard areas shall be the responsibility of the individual 'property owner. Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement. Individual property owners shall park vehicles in garage spaces. Storage of personal~ items may occur in the garages only to the extent that vehicles may still be able to be parked within the required garage spaces. Exhibit A Resolution No. 3488 Page 16 HOMEBUYER NOTIFICATION (1) 9.1 Prior to issuance of Certificate of Occupancy: no A document separate from t~e deed shall be prepared which will be an information notice· to future homebuyers of aircraft nOise impacting the subdivision. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. m . The developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicate: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). (2) Advice to homebuyers that proposed school sites may never be constructed. C. The Subdivider shall provide the City with a statement which must be signed by each homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. ~ Do E . The' developer shall provide the City with an information notice to future homeowners of lots that have above ground utilities or structures (such as light standards and fire hydrants) located within a public utility easement identifying the type of structure and their locations. A separate deed restriction, as approved by the City Attorney, shall be recorded on Lots 10 and 18 (and/or other affected lots) clearly disclosing the storm drain easements affecting the subject lots and identifying any restrictions of use or improvements over the easements. A separate agreement, on a form approved by the Community Development Department and City Attorney, shall be signed by the initial buyer and provided to the City prior to issuance of a Certificate of Occupancy. Exhibit A Resolution No. 3488 Page 17 F o Deed restrictions shall be recorded on all residential lots disclosing that the right-of-way lines along.the interior street system are ten (10) feet from the curb face. (1) 9.2 Subdivider shall notify all potential homebuyers of the (5) following liens and Assessment/Maintenance Districts affecting the property: A. Reassessment District No. 95-1 o City of Tustin Landscaping and Lighting District as amended. Co That the project is located within a Mello Roos District. FEES (1) 10.1 Prior to recordation of any final map, Subdivider shall pay plan check and inspection fees for all public and/or private infrastructure improvements within the City'~s. responsibility excluding those financed by an Assessment District. (1) '10.2 Prior to recordation of the final map, the Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation .of the revised assessment diagram- and other reqUired administrative duties related to Reassessment District No. 95-1. (1) 10.3 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. no Building plan check and permit fees to the Community Development Department based on the most current schedule. · . m o Grading plan check and permit fees to the Community Development Department. Co New development fees to the CommUnity Development Department. D o School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. Exhibit A Resolution No. 3488 Page 18 E o East Tustin Facility fees as may be modified and applicable to the subject property. The City and Irvine Company are currently developing a revised fee program for the subject lots and other lots that were not originally included in the fee calculations since the site was previously designated as a school site. The following fees are anticipated: o Civic Center Expansion $17,676 F o 2. Fire Protection and Equipment $18,372 3. Irvine Boulevard Widening $2,.796 Major thoroughfare and bridge fees to the Tustin Public Works Department. Go School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. Water and sewer connection fees to the Irvine Ranch Water District. (1) 10.4 All properties within the subject map will'be subject to Reassessment District 95-1 fees to be determined as a result of land use chanqe. The subdivider shall pay all costs related to the cilculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to Reassessment District 95-1 as a result of the subdivision. .(1) 10.5 Within forty-eight (48) hours of approval of the subject (5) .project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted ~check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. Exhibit A Resolution No. 3488 Page 19 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) 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. 10 11 12 13 14 15 16 17 18 191 2O 21 22 23 24 25 126 27 28 RESOLUTION NO. 96-117 A RESOLUTION OF THE CITY COUNCIL' OF THE CITY OF TUSTIN FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) PREPARED FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 15316 AND APPLICABLE 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 15316 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and B . That the projects are covered by a previously certified Final Environmental Impact Report 85-2, as amended, 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. The applicable mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR, is therefore determined to be adequate to serve as a Program EIR for this project and satisfies the requirements of the California Environmental Quality Act. Further, the City Council finds the. project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources; and therefore, makes a De Minimus Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 96-117 Page 2 Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigate potential significant environmental effects thereof. The mitigation measures are identified as Conditions on Exhibit A of Planning Commission Resolution No. 3488 recommending approval of Vesting Tentative Tract Map 15316 and Exhibit A of Planning Commission Resolution No. 3487 approving Design Review 96-022. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 18th day of November, 1996. PAMELA STOKER CITY CLERK TRACY WILLS WORLEY MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 96-117 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of November, 1996, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBERABSENT: PAMELA STOKER CITY CLERK 1 RESOLUTION NO. 96-118 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 15316 LOCATED ON THE NORTH SIDE OF HERITAGE WAY, EAST OF TUSTIN RANCH ROAD. 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 No. 15316 was submitted to the Planning Commission and City Council by Kaufman and Broad Coastal, Inc. for consideration; and S · That a public hearing was duly called, noticed and held for said map on October 28, 1996 by the Planning Commission and on November 18, 1996 by the City Council; and C . That Environmental Impact Report 85-2, as modified by supplements and addenda, for the East Tustin Specific Plan, has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project; and D . That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act; and E . The 0.5964 acres of parkland required for this development was previously dedicated with recordation of Tract 15055; and F o That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin. Unified School District, for the impact of Vesting Tentative Tract 15316 on School District facilities, and changes in State law. The impacts associated with this approval on School District Facilities. are adequately addressed; and That the site is physically suitable for the type and density of development proposed; and 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; and 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 Resolution No. 96-118 Page 2 I , J. That the design of the subdivision or the type of improvements proposed will not conflict .with easements acquired by the public, for access through or use of the property within the proposed subdivision; and That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; and K. The project has been determined to be exempt from the provisions of Measure "M" because entitlements specified in the East Tustin Development Agreement entered into in 1985, and the estimated project generated traffic does not cause the roadway system to exceed established levels of service standards. II. The City Council hereby approves. Vesting Tentative Tract Map No. 15316 located on the north side of Heritage Way east of Tustin Ranch Road, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 3488, incorporated herein by reference. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 18th day of November, 1996. - PAMELA STOKER CITY CLERK TRACY WILLS WORLEY MAYOR