HomeMy WebLinkAboutPH 3 T.T. MAP 14585 10-05-92L4 Pat P kin A
PUBLIC HEARING N0. 3
10-5-92
Inter -Com
LATE: OCTOBER 51 1992 �-
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: VESTING TENTATIVE TRACT MAP 14585
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the Environmental Determination for the project by
adopting Resolution No. 92-117; and
2. Approve Vesting Tentative Tract Map 14585 by adopting
Resolution No. 92-118; as submitted or revised; and
3. Approve, by Minute Order, modifications to previous policy
direction regarding locking devices on pedestrian gates within
the East Tustin Specific Plan project area.
BACKGROUND
At their regular meeting on September 14, 1992, the Planning
Commission adopted Resolution No. 3084, recommending to the City
Council approval of Vesting Tentative Tract Map 14585. The
Planning Commission, in conjunction with this action, also adopted
Resolution No. 3085 approving Design Review 91-045.
Vesting Tentative Tract Map 14585 is proposed by RecreActions Group
of Companies (RGC) and would subdivide an approximate 18.02 -acre
site into 43 numbered and 24 lettered lots for the purpose of
developing 214 condominium dwelling units.
Located in Sector 7 of the East Tustin Specific Plan (ETSP) , the
site is bounded by Tustin Ranch Golf Course on the north and west;
Lot 15 of Tract 12870 - a potential elementary school site and Lot
17 of Tract 12870, the future Community Park across Robinson Drive
on the south; and Venturanza Del Verde condominiums (Tract 13835)
to the east (Attachment A).
A public hearing notice identifying the time, date and location of
the public hearing on this project was published in the Tustin
News. Property owners within 300 feet of the site were notified of
the hearing by mail and notices were posted on the site and at City
Hall. The applicant was informed of the availability of a staff
report on this project.
City Council Report
Vesting Tentative Tract Map 14585
October 5, 1992
Page 2
DISCUSSION
PROJECT DESCRIPTION/SITE PLAN
The ETSP. designates the project site as Medium -High Density
Residential. Generally, the maximum allowable density for this
land use designation would be up to 25 dwelling units per acre,
with no minimum required lot size. The proposed density of 11.88
dwelling units per gross acre is approximately 57 percent less than
the allowable density.
Access to the site is proposed through a single, private gated
entry street along Robinson Drive. The entry, with a center
landscaped median, is 68 feet in width. The interior vehicular
circulation consists of a branching private street which culminates
in two private loop drives. The private street varies in width
from 28 feet with no parking allowed on the street, to 32 feet wide
with parking permitted on one side of the street. The private loop
drives are each 25 feet in width. Parking will not be permitted on
the private loop drives. Additional parking, resident and guest
spaces, will be provided by 214 two -car enclosed garages (or 468
parking spaces) and surface parking areas located in the project's
motor courts.
The proposed garages are integral to the dwelling units and are
accessed by an interior motor court. The overall dimensions of the
motor courts varies to include a number of surface parking spaces.
The inclusion of specific language in the CC&R's for the project,
limiting parking to garages and designated spaces has been included
as Condition No. 7.1 H and R of Resolution 3084.
An Emergency Fire Access is proposed in the northeast corner of the
project. This access corresponds with the Emergency Fire Access
previously approved for Tract 13835. A condition of approval
requires Fire Department review and approval of building plans with
regards to the shared Emergency Access.
The site is relatively flat and has been rough graded as part of
the overall grading for Tract 12870. The grade changes
approximately 20 feet from the northeasterly corner to the
southwesterly corner of the site. Minor grading is proposed to
create building pads. The conceptual grading plan identifies
retaining walls ranging in height from one to six feet. These are
primarily located on the perimeters cf the site and in the rear of
City Council -Report
Vesting Tentative Tract Map 14585
October 51 1992
Page 3
the condominium clusters to accommodate the grade change across the
site. While some excavation is necessary, earth quantities on the
site will be balanced to the largest degree possible. The
conceptual grading plan identifies no major retention of earth nor
slopes in excess of a 2:1 ratio.
ARCHITECTURAL DESIGN (LANDSCAPE/HARDSCAPE
The product type proposed for the project are attached condominium
units arranged around a central motor court. There are two
building types proposed, one building of three condominium units
and the other major building of two condominium units. A
statistical summary on the individual units has been included as
Attachment B of this report.
The two story product types being proposed range from 24 feet in
height to approximately 32 feet, which is consistent with the
maximum building height permitted of 40 feet.
Centrally located within the project is the recreation facility and
pool area. The recreation facility color scheme is a light tan
field color with a dark green accent color.
PEDESTRIAN GATES
As previously noted in the staff report, the project is proposed to
have a single gated entrance. Two gated pedestrian entrances are
also proposed to be located at the entrance to the project. A
request has been made which would allow the pedestrian gates to
have locking devices.
In the past, the City Council has expressed concern that locked
pedestrian gates limited the accessibility for campaign volunteers,
visiting non-residents, etc. to the gated projects. Based on
policy direction of the former East Tustin Policy Committee as
confirmed by the City Council, the following statement typically
has been included as a standard condition of approval for Vesting
Tentative Tract Maps.
"Pedestrian gates at the main project entrance access points
may not have locking devices, and shall remain open and
accessible at all times."
City Council Report
Vesting Tentative Tract Map 14585
October 5, 1992
Page 4
A requirement of an emergency access box for
Department access on all locked gates, pedestrian
also a standard condition of approval included
Resolutions to ensure emergency services are able
the project.
Police and Fire
and vehicular, is
in the approving
to gain access to
Based on Planning Commission input at the September 14, 1992
meeting, there appears to be the opportunity to reconsider the
issue. It would be appropriate for the Council to provide, by
separate motion, the direction to allow locking devices on
pedestrian gates and to authorize staff to eliminate the use of the
standard condition from future subdivision proposals. In addition,
City Council may wish to modify the conditions of approval for this
project to allow main entrance pedestrian gates to have locking
devices by eliminating Condition of Approval -7.1F.4 of Planning
Commission Resolution No. 3084, as proposed in draft Resolution No.
92-118.
ENVIRONMENTAL ANALYSIS
Based upon review of Vesting Tentative Tract Map 14585, as well as
Environmental Impact Report 85-2 (as supplemented) it has been
determined that environmental issues relating to this project have
previously been addressed. Also, appropriate mitigating measures
identified in EIR 85-2 are included as conditions of approval for
the project. With this information in mind, it is recommended that
the Commission make the finding that requirements of the California
Environmental Quality Act have been met and that no further
environmental review is required.
CONCLUSION
Given the analysis conducted by the Community Development
Department and in consideration of comments from other agencies and
the public, it is concluded that Vesting Tentative Tract Map 14585
meets the requirements of the East Tustin Specific Plan, the
Subdivision Map Act, as adopted, and the California Environmental
Quality Act.
It is recommended that the City Council approve, by Minute Order,
modifications to policy direction regarding locking devices on
pedestrian gates; and with the inclusion of conditions of approval
listed in the Planning Commission Resolution No. 3084, it is
City Council Report
Vesting Tentative Tract Map 14585
October 5, 1992
Page 5
recommended that the City Council adopt Resolution Nos. 92-117 and
92-118 approving Vesting Tentative Tract Map 14585.
Joann M.S. Perry Christine A. Shingl n
Associate Planner •Assistant City Mana r
CAS:JP:br/vtt14585
Attachments: A - Vicinity Map
B - Statistical Summary
Photo Reduction of Tentative Tract
Conceptual Plans
Planning Commission Resolution Nos.
Resolution Nos. 92-117 and 92-118
14585 and
3084 and 3085
ATTACHMENT A
Vicinity Map
Vesting Tentative Tract Map 14585
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VICINITY MAP
ATTACHMENT B
Statistical Summary
Vesting Tentative Tract Map 14585
Requirement
Gross Site Area N/A
Condominium Lots N/A
Recreation area (Lot A) N/A
Landscape ( Lots B and C) N/A
Total Units
Density
Lot Coverage
maximum 450 units
Proposed
18.02 acres
14.92 acres
.25 acres
.08 acres
214 units
25 du/ac (gross) 11.88 du/ac (gross)
100% (minus setbacks) 33.15%
Open space 400 sq. ft./unit 1,373 sq. ft./unit
Building Setbacks
From private drive 5 feet minimum 5 feet minimum
From private street 10 feet minimum 9 feet minimum*
* Administrative Adjustment granted per Section 3.13 of East
Tustin Specific Plan for Lots 5, 20 and 25.
Distance Between Structures 10 feet minimum 10 feet minimum
Distance to an Accessory
Structures
Height
Resident Parking
Guest Parking
5 feet minimum
40 feet maximum
428 spaces
(2 covered and assigned
spaces per unit)
107 on -street spaces
(. 50 per unit)
Driveways along private streets/drives:
Between 9 & 19
feet
45
N/A
9 feet or less
18.2
48
N/A
19 feet or more
19.1
N/A
Unit Floor Plans
Sq. Ft.
Plan Type
1
10,399
3
br/2 z ba
2
1, 487
3
br/2 z ba
3
1,518
3
br+den/3 ba
4
11642
2
br+den/2k ba
5
10,910
3
br+/2 2 ba
den or alt. br
5 feet minimum
32 feet maximum
428 spaces
(2 car garage
per unit)
128 on -street
spaces
N/A
47
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Quantity Percentage
41
19.2
45
21.0
39
18.2
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22.4
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FILE COPY I
RESOLUTION NO. 3084
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF VESTING TENTATIVE -TRACT MAP 14585
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 14585 was.
submitted to the Planning Commission by
RecrgActions Group of Companies for consideration.
B. That a public hearing was duly noticed, called and
held for said map on September 14, 1992.
C. That an Environmental Impact Report (EIR 85-2 for
the East Tustin Specific Plan) has been certified
in conformance with the requirements of the
California Environmental Quality Act for the
subject project area.
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 as it pertains to the
development of 214 condominium dwelling units.
E. The 1.7976 acres of park land required for this
development was previously dedicated with
recordation of Tract 12870.
F. That the City has reviewed the status of the School
Facilities Agreement between the Irvine Company and
the Tustin Unified School District, the East Tustin
Specific Plan, EIR 85-2, with subsequently adopted
supplements and addenda, the impacts of Vesting
Tentative Tract 14585 on School District
facilities, and reviewed changes in State law, and
finds and determines that the impacts on School
District facilities by approval of this map are
adequately addressed.
G. That the site is physically suitable for the type
of development proposed.
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Resolution No. 3084
Page 2
H. That the site is physically suitable for the
proposed density of development.
I. That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife in their habitat.
J. That the design of the subdivision or the type of
improvements proposed will not conflict with
easements acquired by the public -at -large, for
access through or use of the. property within the
proposed subdivision.
K. That the design of the subdivision or the types of
improvements proposed are not likely to cause
serious public health problems.
II. The Planning Commission hereby recommends to the City
Council approval of Vesting Tentative Tract Map 14585
subject to the conditions attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 14th day of September, 1992.
(2 T2:mf� -
KATHLEEN CLANCY
Secretary
ALDEN L. BAKER
Chairman
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Resolution No. 3084
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3084 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 14th day of September, 1992.
]RAtHLEEN CLANCY
Recording Secretary
EXHIBIT A
VESTING TENTATIVE TRACT MAP 14585
RESOLUTION NO. 3084
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 1.1 Prior to recordation of final map, the Subdivider shall
(2) prepare plans for and construct or post security
(3) guaranteeing 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 and paving;
F. Landscaping/irrigation facilities;
G. Sanitary sewer service facilities;
H. Domestic water service facilities;
I. Reclaimed water service facilities;
J. Utility connections (i.e., gas, electric,
telephone, and cable T.V. facilities);
K. Street and paseo lighting;
L Storm drains and subdrains (* The storm drain
facilities within this tract will be private drains
to be maintained by homeowner's association);
M. Undergrounding of existing and proposed utility
distribution lines;
N. Lot monumentation; and
O. Fire hydrants;
(1) 1.2 The amount of acceptable security for construction of
(6) public improvements shall be also 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.
SOURCE CODES
(1) STANDARD CONDITION (5)
(2) CEQA MITIGATION (6)
(3) UNIFORM BUILDING CODE/S (7)
(4) DESIGN REVIEW (8)
*** EXCEPTION (9)
SPECIFIC PLAN
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
OTHER MUNICIPAL CODE REQUIREMENT
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 2
(1) 1.3 All construction within a public right-of-way and/or
(6) public easement must be shown on a separate 24" X 36"
plan with all construction referenced to applicable City,
County, or Irvine Ranch Water District standard drawing
numbers. Improvements to be shown on these plans shall
include, but not be limited to, the following:
A. Street paving
B. Curb and gutter
C. Sidewalk
D. Domestic water facilities
E. Reclaimed water facilities
F. Sanitary sewer facilities
G. Storm drain facilities
H. Landscaping/irrigation
I. Street lights
(1) 1.4 All changes in existing curbs,,gutters, sidewalks and
(6) other public. improvements shall be responsibility of
subdivider.
(1) 1.5 Preparation of plans for and construction of:
(2)
(6) A. All sanitary sewer facilities must be submitted as
required by the City Engineer and local sewering
agency. These facilities shall include a gravity
flow system per standards of the Irvine Ranch Water
District.
B. A domestic water system must be to the standards of
the Irvine Ranch Water District/City of Tustin
Water Service, 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 hvdrants will be
evacuated. 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 be to the standards as required
by the Irvine Ranch Water District.
Exhibit A
Resolution
Page 3
(1) 1.6
(5)
(6)
- Conditions of Approval - VTT 14585
3084
Proposed private streets shall be designed to the
following specifications:
A. All proposed streets shall be designed in
substantially the same width and alignment as shown
on the approved vesting tentative map unless
modified and approved by the Directors of Community
Development and Public Works.
B. All private streets and drives shall be constructed
in accordance with City requirements in terms of
type and quality of materials used.
C. Parking shall not be permitted on private streets
other than as approved by the Police and Fire
Departments. Signage and red curbing -shall be
installed where appropriate.
D. Street names are subject to approval of the Tustin
Street Naming Committee and Community Development
Department.
(1) 1.7 Private streets, storm drain, water & sewer improvement
(6) plans shall comply with the "City of Tustin" Minimum
(8) Design Standards for on-site Private Street and .Storm
Drain Improvements.
(1) 1.8 All sidewalks must provide a minimum five-foot, utility -
(6) clear pedestrian path. If necessary, sidewalks must
(8) f lair around utilities such as f ire hydrants, light
standards and mailboxes.
DEDICATIONS/RESERVATIONS/EASEMENTS
(1) 2.1 The subdivider shall satisfy dedication and/or
(2) reservation requirements as applicable, including but no.
(5) limited to dedication of all required street. and flood
(6) control right-of-way easements, vehicular access rights,
(8) sewer easements and water easements defined and approved
as to specific location by the City Engineer and other
appropriate agencies.
(1) 2.2 Preparation of a hydrology and hydraulic study for this
(2) development will be required.
(5)
(1) 2.3 Subdivider's execution of a subdivision/monumentation
(5) agreement and furnishing improvement/ monumentation bonds
as required by the City Engineer.
P
Exhibit A - Conditions of Approval - vTT 14585
Resolution 3084
Page 4
(1) 2.4 Prior to the recordation of a final map, fire protection
(4) access easement shall be approved by the Fire Chief and
(6) dedicated to the County of Orange. The CC&R's shall
contain provisions which prohibit obstructions within the
fire protection access easement. Review and approval is
also required by the Fire Chief for any. modification such
as speed bumps, control gates, or changes in parking plan
within the project.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 3.1 Prior to recordation of the final map, subdivider shall
(2) post with the Community Development Department a minimum
(6) $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) 3.2 Any damage done to existing street improvements and
(6) 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) 3.3 Prior to any work in the public right-of-way, an
Excavation Permit must be obtained from and applicable
fees paid to the Public Works Department.
(4 ) 3.4 Preparation of a final grading plan showing all pertinent
elevations as they pertain to the public right-of-way.
(6) 3.5 Preparation of a traffic control plan, prepared by a
California Registered Traffic Engineer, will be required
for all construction within the public right-of-way of
Robinson. Drive.
GRADING/GENERAL
(1) 4.1 Prior to issuance of grading permits:
(2)
(6) A. A detailed soils engineering report shall be
submitted to and approved by the Building Official
conforming to the requirements of the Uniform
Building Code, City Grading Requirements, and all
other applicable State and local laws, regulations
and requirements.
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 5
B. Preparation and submittal of a grading plan subject
to approval by the Department of Community
Development delineating the following information:
1. Methods of drainage in accordance with all
applicable City standards.
2. All recommendations submitted by geotechnical
or soils engineer and specifically approved by
them.
3. Compliance with conceptual grading shown on
vesting tentative tract map.
4. A drainage plan and necessary support
documents such as hydrology calculations to
comply with the following requirements:
a. Provision of ydrainage facilities to
remove any flood hazard to the
satisfaction of the City Engineer which
will allow building pads to be safe from
inundation from rain fall which may be
expected from all storms up to and
including the theoretical 100 year storm
and dedication of any necessary easements
on the final map as required.
b. Elimination of any sheet flow and ponding
across lot lines.
C. Provision of drainage facilities to
protect the lots from any high velocity
scouring action.
d. Provision for tributary drainage from
adjoining properties.
5. All flood hazard areas of record.
6. A note shall be placed on the grading plan
requiring Community Development Department
approval of rough or precise 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. l
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 6
*** 7. Note on plans that a qualified paleontologist/
archeologist, as appropriate, shall be present
during rough grading operations. If resources
are found, work shall stop in the affected
area and all resources shall be excavated or
preserved as deemed appropriate or as
recommended by the paleontologist/ archeologist
subject to review and approval by the
Department of .Public Works and Community
Development. All "finds" shall be reported
immediately to the Department of Community
Development. The paleontologist/archeologist
shall attend the pregrade construction meeting
to ensure that this condition and necessary
procedures in the event of a "find" are
explained.
C. Preparation of a sedimentation and erosion- control
plan for all construction work related to the
subject tract including a method of control to
prevent dust and windblown earth problems.
D. Submittal of a construction traffic routing plan to
be reviewed and approved by the Director of Public
Works.
E. Written approval must be obtained from adjacent
property owners for rights -of -entry for
construction activity across lot lines.
(1) 4.2 All earthwork shall be performed in accordance with the
(3) City of Tustin Municipal Codes and grading requirements.
(1) 4.3 Note on final plans that a six -foot -high chain linked
fence shall be installed around the site prior to
building construction stages. Gated entrances shall be
permitted along the perimeter of the site for
construction vehicles. All fencing shall be located
either parallel to the right-of-way line or shall cross
the proposed street perpendicular to the street
centerline. The fencing shall not jog, nor change
direction within the street right-of-way.
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 7
FIRE DEPARTMENT
(1) 5.1 Prior to the recordation of a final tract map, water
(2) improvement plans shall be submitted to and approved by
( 6 ) the Fire Chief for adequate fire protection and financial
security posted for the installation. The adequacy and
reliability of water system design, location of valves,
and the distribution of fire hydrants will be evaluated
in accordance with Insurance Services Office suggested
standards contained in the "Grading Schedule" for
Municipal Fire Protection.
(1) 5.2 Prior to the issuance of building permits for combustible
(2) construction, evidence that adequate water supply for
(6 ) fire protection is available shall be submitted to and
approved by the Fire Chief. Fire hydrants shall be in
place and operational to meet required f ire -f low prior to
commencing construction with cpmbustible materials.
(1) 5.3 Prior to the issuance of any building permits, a
(4) construction phasing plan shall be submitted to and
(6) approved by the Fire Chief. The purpose of this review
is to evaluate the adequacy of emergency vehicle access
for the number of dwelling units served.
(1) 5.4 Prior to the issuance of any building permits, all
(4) underground' piping -for automatic f ire extinguishing
(6) systems shall be approved. Plans for an automatic fire
extinguishing system shall be approved by the Fire Chief
prior to installation. Such systems shall be operational
prior to the issuance of a certificate of use and
occupancy.
(1) 5.5 Prior to the issuance of any certificates of use and
(4) occupancy, the private street/drives, as shown on the
(6) submitted site plan, shall be red curbed and
posted "No Parking --Fire Lane" as per 1588 uniform Fire
Code, Section 10.207, in a manner meeting the approval of
the County Fire Chief.
(1) 5.6 Prior to the issuance of any grading permits , ' a fuel
(4) modification plan and program shall be approved by the
(6) Fire Chief. The plan shall show the special treatment to
achieve an acceptable level of risk in regard to the
exposures of structures to flammable vegetation and shall
address: The method of removal and installation;
mechanical or hand labor, and provisions for its
continuous maintenance. The approved fuel modification
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 8
plan shall be installed prior to the issuance of building
permits, under the supervision of the Fire Chief, and
completed prior to the issuance of applicable use and
occupancy permits. Contact the Wildland Fire Defense
Planning Section at (714) 744-0496 for requirements.
(1) 5.8 Prior to the issuance of any building permits,
(4) construction details for any controlled entry access
(6 ) shall be approved by the Fire Chief. These details shall
include width, clear height, and means of emergency
vehicle over -ride. Installation of controlled entry
access gates will have an impact on emergency vehicle
response times.
(1) 5.8 Prior to the issuance of any certificates of use and
(4) occupancy, all fire hydrants shall have a "Blue
(6) Reflective Pavement Marker" indicating its location on
the street or drive per Orange County Fire Department
Standard. On private property these markers are to be
maintained in good condition by the property owner.
(1) 5.9 Access between buildings may be obstructed due to
(4) landscaping. The Fire Department needs the ability to
(6) raise ladders between buildings. Landscaping and -tree
locations shall be subject to review and approval by the
Fire Department and the Community Development Department.
(1) 5.10 Prior to the recordation of a
(4) Emergency Fire Access shall be
(6) Chief. The emergency access
13835 shall be non -revocable.
shall be kept clear of all
debris during construction of
NOISE
Final Tract Map, the
approved by the Fire
through adjoining Tract
The Emergency Fire Access
construction traffic and
the project.
(1) 6.1 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
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 9
acoustical analysis shall be prepared by an expert
or authority in the field of acoustics.
All residential lots and dwellings shall be sound
attenuated against present and projected noises,
which shall be the sum of all noise impacting the
project, so as not to exceed an exterior standard
65 dBa CNEL in outdoor living areas and an interior
standard of 45 dBa 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.
(1) 6.2 Prior to issuance of any Certificates of Use or
(2) Occupancy, field testing in accordance with the
(3) Title 25 regulations may be required by the Building
Official to verify compliance with STC and IIC design
standards.
(1) 6.3 All construction operations, including engine warm up,
(9) 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; or other times that the Building Official
determines will be in substantial conformance with the
Noise Ordinance and the public health and safety will not
be impaired, subject to application being made at the
time the permit for the work is awarded or during
progress of the work.
CC&R'S
(1) 7.1 Prior tc approval of the final map, all organizational
(3) documents for the project including any deed
(8) restrictions, covenants, conditions, and restrictions
(9) 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 their recordation.
CC&R's shall include but not be limited to the following
provisions:
A. Since the City is interested in protecting the
public health and safety and ensuring the quality
and maintenance of common areas under control of a
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 10
Homeowner's Association, 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 by the following B through
R. However, the City shall not be obligated to
enforce the CC&R's.
B. The requirement that association bylaws be
established.
C. Provisions for effective establishment, operation,
management, use, repair and maintenance of all
common areas and facilities including landscaped
areas and lots, recreation areas, pools, and spas,
walls and fences, private roadways and
infrastructure (i.e., walks, sewer and water), and
paseos.
D. Membership in any Homeowner's Association shall be
inseparable from ownership in individual units.
E. Architectural controls shall be provided and may
include but not be limited to provisions regulating
exterior finishes, roof materials, fences and
walls, accessory structures such as patios,
sunshades, trellises, gazebos, awnings, room
additions, exterior mechanical equipment,
television and radio antenna.
F. Maintenance standards shall be provided for
applicable items listed in Section C above in
CC&R's. Examples of maintenance standards are
shown below:
1. All common area landscaping and private lawn
areas visible from any public way shall be
properly maintained such that they are evenly
cut, evenly- edged, free of bare or brown
spots, free of debris and free of weeds above
the level of the lawn. All planted areas
other than lawns shall be free of weeds, dead
vegetation and debris. 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 property and shall be maintained
so they do not have droppings or create other
nuisances to neighboring property. All trees
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 11
shall also be root pruned to eliminate exposed
surface roots and damage to sidewalks,
driveways and structures.
2. All private roadways, sidewalks and paseos
shall be maintained so that they are safe for
users. significant pavement cracks, pavement
distress, excessive slab settlement, abrupt
vertical variations and debris on travel ways
should be removed or repaired promptly.
3. Common areas shall be maintained in such a
manner as to avoid the reasonable
determination of a duly authorized official of
the City that a public nuisance has been
created by the absence of adequate maintenance
such as to be detrimental to public health,
safety, or general welfare, or that such a
condition of deterioration or disrepair cause
harm or is materially detrimental to property
values or improvements within the boundaries
of the subdivision and Homeowner's
Association, to surrounding property, or to
property or improvements within three hundred
(3 0 0 ) feet of the property may also be added
as alternative language.
4. Pedestrian gates at the main project entrance
access points may not have locking devices,
and shall remain open and accessible at all
times, as required by City Council.
G. Homeowner's Association approval of exterior
improvements requiring a building permit shall be
obtained prior to requesting a building permit from
the City of Tustin Community Development
Department. All plans for exterior improvements
shall conform to requirements set forth by the City
and the CC&R's. All plans submitted to the City
shall bear the Association's stamp and authorized
signature of approval.
H. Residents shall not store or park any non -motorized
vehicles, trailers or mozorized vehicles that
exceed seven feet high, seven feet wide and 19 feet
long in any parking, driveway or private street
area except for purpose of loading, unloading,
making deliveries or emergency repairs except that
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 12
the Homeowner's Association may adopt rules and
regulations to authorize exceptions. Additionally,
no non -motorized vehicles, trailers or motorized
vehicles shall be allowed to overhang onto any
public/private street or drive within the
development. The parking of any vehicles within
building motor courts shall be in designated spaces
only. There shall be no parking permitted of any
kind on driveways that are less than 19 feet in
length.
I. Four hundred twenty eight (428) parking spaces
shall be permanently and irrevocably assigned to
individual condominium units at a rate of two
parking spaces per dwelling. A minimum of an
additional one hundred seven (107) guest parking
spaces shall be established (.5 parking spaces per
dwelling unit) and maintained within the common
area and shall be used for guest parking only.
J. Condominium 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.
K. Maintenance of all landscaped areas adjacent to
Robinson Drive shall be by the Homeowners
Associates of subject tract.
L. The Association shall be responsible for
establishing and following procedures for providing
access to the public utilities for maintenance cf
their facilities within the project area, subject
to those agencies' approval.
M. All utility services serving the site shall be
installed and maintained underground.
N. 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
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 13
contacting the association in the case of emergency
or in those cases where the City has an interest in
CC&R violations.
O. Disclosure information related to aircraft noise
impacting the subdivision, as approved by the City
of Tustin Community Development Department.
P. Perimeter project block walls to be constructed on
private property shall be maintained and replaced,
if necessary by a Homeowner's Association. This
shall not preclude a Homeowner's Association from
assessing charges to individual property owners for
structural damage to the wall or fence.
Q. No amendment to alter, modify, terminate -or change
the Homeowner's Association's obligation to
maintain the common areas and the project perimeter
wall or other CC&R provisions in which the City has
an interest, as noted above, or to alter, modify,
terminate or change the City's right to enforce
maintenance of the common areas and maintenance of
the project perimeter wall, shall be effective
without, the prior written approval of the City of
Tustin Community Development Department.
R. The Homeowner's Association is responsible for
monitoring and enforcing any and all parking and
traffic regulations on private streets and private
drives. The project CC&R's shall include
provisions to require the Association, to develop
and enact an enforcement program related to
enforcement of parking and traffic regulations
within the private development. Said program may
include provisions for levying fines, collecting
fines and enforcement/monitoring by private
security companies/persons.
Prior to implementation of such a program, copies
of the approve HOA Program shall be forwarded to
the City of Tustin Police Department and Community
Development Department for review and approval.
The Police Department and Community Development
Department shall also be provide with any
amendments or modifications to the program. All
parking regulations shall be enforced at time of
final occupancy of any phase of the project.
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 14
TENANT/HOMEBUYER NOTIFICATION
(1) 8.1 Prior to issuance of Certificate of occupancy:
(2)
A. A document separate from the deed, which will be an
information notice to future tenants/homebuyers of
aircraft noise impacting the subdivision, shall be
recorded. The notice shall further indicate that
additional building upgrades may be necessary for
noise attenuation. This determination to be made
as architectural drawings become available and/or
where field testing determines inadequate noise
insulation.
B. The Subdivider shall submit for review and approval
of content by the Director of Community
Development, a copy of rental/sales literature for
the residential project with the approved
aircraft/helicopter noise statement and the
approved schools notification statement, printed on
it. Any changes to the rental/sales literature
after initial City approval shall be submitted to
the Director of Community Development for approval.
C. The subdivider shall provide the City with a copy
of the approved aircraft/helicopter noise statement
which shall contain a disclosure document on
aircraft notification. Said document must be
signed by each tenant/homeowner prior to occupancy
of any unit. The content of the statement shall be
approved by the Director of Community Development
prior to circulation.
D. The developer shall provide the City with a schools
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. Notice to homebuyers that proposed school
sites may never be constructed.
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 15
E. The Subdivider shall provide the City with a
statement, signed by each tenant/homebuyer,
containing a comprehensive description of all
private and public improvements and developments
adjacent to or in close proximity to the proposed
development.
(1) 8.2 Subdivider shall notify all potential homebuyers of the
(6) following Assessment/Maintenance Districts affecting the
property:
A. Assessment District 86-2
B. City of Tustin 1972 Landscaping and Lighting
Maintenance District as amended.
(1) 8.3 The Subdivider shall submit for review and approval of
(6) content by the Director of Community Development
Department, a copy of notification which disclose to
potential homebuyers that the development will be
situated across Robinson Drive from a sports complex
which may feature lighted athletic fields.
FEES
(1) 9.1 Prior to recordation of any final map, Subdivider shall
(3) pay plan check and inspection fees for all public and/or
private infrastructure improvements within City's
responsibility excluding those financed by an Assessment
District.
(1) 9.2 Prior to recordation of any final map, subdivider shall
pay all Assessment District 86-2 reapportionment fees.
(1 ) 9.3 Prior to issuance of certificates of use or occupancy,
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 any Assessment
Districts applicable to the subdivision.
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 16
(1) 9.4 Prior to issuance of any building permit for the project,
(2) including but not limited to foundation permits, payment
(3) shall be made of all required fees including:
(6)
(9)
A. Major thoroughfare and bridge fees to Tustin Public
Works Department.
B. Sanitary sewer connection fee to Irvine Water Ranch
District.
C. Grading plan checks and permit fees to the
Community Development Department.
D. All applicable Building plan check and permit fees
to the Community Development Department.
E. New development fees to the Community Development
Department.
F. School facilities fee to the Tustin Unified School
District subject to any agreement reached and
executed between the- District and the Irvine
Company.
G. Required East Tustin Facility Fees as may be
adjusted to reflect cost of living increases prior
to issuance of any permits; including but not
limited to issuance of foundation permits:
1. Civic Center Expansion Fee
2. Irvine Boulevard Widening Fee
3. Fire Protection Facility Fee
(1) 9.5• Within forty-eight ( 48 ) hours of approval of the subject
(2) project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
COUNTY CLERK in the amount of $25.00 (twenty-five
dollars) pursuant to AB 3185, Chapter 1706, Statutes of
1990, enable the City to file the Notice of Determination
required under Public Resources code Section 21151 and 14
Cal. Code of Regulations 15094. If within such forty-
eight (48) hour period that the applicant has not
delivered to the Community Development Department the
above -noted check, the approval for the project granted
herein shall be considered automatically null and void.
F
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 17
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.
GENERAL
(1) 10.1 Within 24 months from tentative map approval, the
Subdivider shall file with appropriate agencies, a final
map prepared in accordance with subdivision requirements
of the Tustin Municipal Code,'the State Subdivision Map
Act, and applicable conditions contained herein unless an
extension is granted pursuant to Section 9335.08 of the
Tustin Municipal Code.
(1). 10.2 Prior to occupancy of units, the Subdivider shall record
a f inal map in conformance with appropriate vesting
tentative map.
(1) 10.3 Prior to final map approval.
A. Subdivider shall submit a current title report.
B. Provision for landscaping maintenance of landscape
lots, paseos and easements adjacent to project
private streets shall be the responsibility of the
adjoining property owners and/or Homeowner's
Association of Tract 14585.
C. Subdivider shall submit a duplicate myla= of the
Final Map, or 8 1/2 inch by 11 inch transparency of
each map sheet prior to final map approval and "as
built" grading, landscape and improvement plans
prior to Certificate of Acceptance.
(1)
10.4 Subdivider
shall conform
to all applicable requirements
(2)
of the State Subdivision
Map Act, the City's Subdivision
- (5)
Ordinance,
in the East Tustin Specific Plan and
(9)
Development
Agreement,
EIR 85-21, and applicable
conditions
for Final Map
12870.
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 18
(1) 10.5 The cumulative number of residential units for which
(5) certificate of occupancy may be issued shall not exceed
the cumulative total of square feet of occupied revenue
generating uses; or equivalents as shown in the East
Tustin Specific Plan Development Agreement.
(1) 10.6 Prior to- occupancy of units, the Subdivider shall
complete all public and private improvements as
determined by the City Engineer and the Director of
Community Development Department to be necessary for the
public health and safety and construction which is a
prerequisite to the orderly development of the project
and the surrounding area.
(1) 10.7 Prior to release of building permits, all conditions of
approval of Design Review 91-045 of the subject project
shall be complied with as shown on Exhibit A attached to
Resolution No. 3085 and incorporated herein by reference.
However, applicant will be permitted to obtain building
permits for model unit construction prior to approval of
Final Map 14585 provided all Building Code requirements
have been met including Public Works, Fire Department and
Community • Development Department requirements and
approvals.
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FILE C
RESOLUTION NO. 3084
A•RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF VESTING TENTATIVE TRACT MAP 14585
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 14585 was.
submitted to the Planning Commission by
RecreActions Group of Companies for consideration..
B. That a public hearing was duly noticed, called and
held for said map on September 14, 1992.
C. That an Environmental Impact Report (EIR 85-2 for
the East Tustin Specific Plan) has been certified
in conformance with the requirements of the
California Environmental Quality Act for the
subject project area.
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 as it pertains to the
development of 214 condominium dwelling units.
E. The 1.7976 acres of park land required for this
development was previously dedicated with
recordation of Tract 12870. .
F. That the City has reviewed the status of the School
Facilities Agreement between the Irvine Company and
the Tustin Unified School District, the East Tustin
Specific Plan, EIR 85-2, with subsequently adopted
supplements and addenda, the impacts of Vesting
Tentative Tract _ 14585 on School District
facilities, and reviewed changes in State law, and
finds and determines that the impacts on School
District facilities by approval of this map are
adequately addressed.
G. That the site is physically suitable for the type
of development proposed.
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Resolution No. 3084
Page 2
H. That the site is physically suitable for the
proposed density of development.
I. That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife in their habitat.
J. That the design of the subdivision or the type of
improvements proposed will not conflict with
easements acquired by the public -at -large, for
access through or use of the property within the
proposed subdivision.
K. That the design of the subdivision or the types of
improvements proposed are not likely to cause
serious public health problems.
II. The Planning Commission hereby recommends to the City
Council approval of Vesting Tentative Tract Map 14585
subject to the conditions attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 14th day of September, 1992.
/717
KATHLEEN CLANCY
Secretary
ALDEN L. BAKER
Chairman
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Resolution No. 3084
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3084 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 14th day of September, 1992.
RATHLEEN CLANCY
Recording Secretary
EXHIBIT A
VESTING TENTATIVE TRACT MAP 14585
RESOLUTION NO. 3084
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 1.1 Prior to recordation of final map, the Subdivider shall
(2) prepare plans for and construct or post security
(3) guaranteeing 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 and paving;
F. Landscaping/irrigation facilities;
G. Sanitary sewer service facilities;
H. Domestic water service facilities;
I. Reclaimed water service facilities;
J. Utility connections (i.e., gas, electric,
telephone, and cable T.V. facilities);
K. Street and paseo lighting;
L Storm drains and subdrains (* The storm drain
facilities within this tract will be private drains
to be maintained by homeowner's association);
M. Undergrounding of existing and proposed utility
distribution lines;
N. Lot monumentation; and
O. Fire hydrants;
(1) 1.2 The amount of acceptable security for construction of
(6) public improvements shall be also 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.
SOURCE CODES
(1)
STANDARD CONDITION
(5)
SPECIFIC PLAN
(2)
CEQA MITIGATION
(6)
RESPONSIBLE AGENCY REQUIREMENT
(3)
UNIFORM BUILDING CODE/S
(7)
LANDSCAPING GUIDELINES
(4)
DESIGN REVIEW
(8)
PC/CC POLICY
***
EXCEPTION
(9)
OTHER MUNICIPAL CODE REQUIREMENT
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 2
(1) 1.3 All construction within a public right-of-way and/or
(6) public easement must be shown on a separate 24" X 36"
plan with all construction referenced to applicable City,
County, or Irvine Ranch Water District standard drawing
numbers. Improvements to be shown on these plans shall
include, but not be limited to, the following:
A. Street paving
B. Curb and gutter
C. Sidewalk
D. Domestic water facilities
E. Reclaimed water facilities
F. Sanitary sewer facilities
G. Storm drain facilities
H. Landscaping/irrigation
I. Street lights
(1) 1.4 All changes in existing curbs, gutters, sidewalks and
(6) other public. improvements shall be responsibility of
subdivider.
(1) 1.5 Preparation of plans for and construction of:
(2)
(6) A. All sanitary sewer facilities must be submitted as
required by the City Engineer and local .sewering
agency. These facilities shall include a gravity
flow system per standards of the Irvine Ranch Water
District.
B. A domestic water system must be to the standards of
the Irvine Ranch Water District/City of Tustin
Water Service, 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 hvdrants will be
evaluated. The wate-- distribution system and
appurtenances shall also conform to the applicable
laws and adopted regula dons enforced by the Orange
County Health Department. Any required reclaimed
water systems shall be :.o the standards as required
by the Irvine Ranch Water District.
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 3
1.6 Proposed private streets shall be designed to the
following specifications:
A. All proposed streets shall be designed in
substantially the same width and alignment as shown
on the approved vesting tentative map unless
modified and approved by the Directors of Community
Development and Public Works.
B. All private streets and drives shall be constructed
in accordance with City requirements in terms of
type and quality of materials used.
C. Parking shall not be permitted on private streets
other than as approved by the Police and Fire
Departments. Signage and red curbing shall be
installed where appropriate.
D. Street names are subject to approval of the Tustin
Street Naming Committee and Community Development
Department.
(1) 1.7 Private streets, storm drain, water & sewer improvement
(6) plans shall comply with the "City of Tustin" Minimum
(8) Design Standards for on-site Private Street and Storm
Drain Improvements.
(1) 1.8 All sidewalks must provide a minimum five-foot, utility -
(6) clear pedestrian path. If necessary, sidewalks must
(8) f lair around utilities such as fire hydrants, light
standards and mailboxes.
DEDICATIONS/RESERVATIONS/EASEMENTS
(1) 2.1 The subdivider shall satisfy dedication and/or
(2) reservation requirements as applicable, including but not-
(5)
ot(5) limited to dedication of all required street and flood
(6) control right-of-way easements, vehicular access rights,
(8) sewer easements and water easements defined and approved
as to specific location by the City Engineer and other
appropriate agencies.
(1) 2.2 Preparation of a hydrology and hydraulic study for this
(2) development will be required.
(5)
(1) 2.3 Subdivider's execution of a subdivision/monumentation
(5) agreement and furnishing improvement/ monumentat ion bonds
as required by the City Engineer.
F
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 4
(1) 2.4 Prior to the recordation of a final map, fire protection
(4) access easement shall be approved by the Fire Chief and
(6) dedicated to the County of Orange. The CC&R's shall
contain provisions which prohibit obstructions within the
fire protection access easement. Review and approval is
also required by the Fire Chief for any modification such
as speed bumps, control gates,' or changes in parking plan
within the project.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 3.1 Prior to recordation of the final map, subdivider shall
(2) post with the Community Development Department a minimum
(6) $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) 3.2 Any damage done to existing street improvements and
(6) 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) 3.3 Prior to any work in the public right-of-way, an
Excavation Permit must be obtained from and applicable
fees paid to the Public Works Department.
(4) 3.4 Preparation of a final grading plan showing all pertinent
elevations as they pertain to the public right-of-way.
(6) 3.5 Preparation of a traffic control plan, prepared by a
California Registered Traffic Engineer, will be required
for all construction within the public right-of-way of
Robinson. Drive.
GRADING/GENERAL
(1) 4.1 Prior to issuance of grading permits:
(2)
(6) A. A detailed soils engineering report shall be
submitted to and approved by the Building Official
conforming to the requirements of the Uniform
Building Code, City Grading Requirements, and all
other applicable State and local laws, regulations
and requirements.
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 5
B. Preparation and submittal of a grading plan subject
to approval by the Department of Community
Development delineating the following information:
1. Methods of drainage in accordance with all
applicable City standards.
2. All recommendations submitted by geotechnical
or soils engineer and specifically approved by
them.
3. Compliance with conceptual grading shown on
vesting tentative tract map.
4. A drainage plan and necessary support
documents such as hydrology calculations to
.comply with the following requirements:
a. Provision of drainage facilities to
remove any flood hazard to the
satisfaction of the City Engineer which
will allow building pads to be safe from
inundation from rain fall which may be
expected from all storms up to and
including the theoretical 100 year storm
and dedication of any necessary easements
on the final map as required.
b. Elimination of any sheet flow and ponding
across lot lines.
C. Provision of drainage facilities to
protect the lots from any high velocity
scouring action.
d. Provision =or tributary drainage from
adjoining p.operties.
5. All flood hazard areas of record.
6. A note shall be placed on the grading plan
requiring Community Development Department
approval of roucz or precise 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.
P
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 6
*** 7. Note on plans that a qualified paleontologist/
archeologist, as appropriate, shall be present
during rough grading operations. If resources
are found, work shall stop in the affected
area and all resources shall be excavated or
preserved as deemed appropriate or as
recommended by the paleontologist/ archeologist
subject to review and approval by the
Department of Public Works and Community
Development. All "finds" shall be reported
immediately to the Department of Community
Development. The paleontologist/archeologist
shall attend the pregrade construction meeting
to ensure that this condition and necessary
procedures in the event of a "find" are
explained.
C. Preparation of a sedimentation and erosion control
plan for all construction work related to the
subject tract including a method of control to
prevent dust and windblown earth problems.
D. Submittal of a construction traffic routing plan to
be reviewed and approved by the Director of Public
Works.
E. Written approval must be obtained from adjacent
property owners for rights -of -entry for
construction activity across lot lines.
(1) 4.2 All earthwork shall be performed in accordance with the
(3) City of Tustin Municipal Codes and grading requirements.
(1) 4.3 Note on final plans that a six -foot -high chain linked
fence shall be installed around the site prior to
building construction stages. Gated entrances shall be
permitted along the perimeter of the site for
construction, vehicles. All fencing shall be located
either parallel to the right-of-way line or shall cross
the proposed street perpendicular to the street
centerline. The fencing shall not jog, nor change
direction within the street right-of-way.
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 7
FIRE DEPARTMENT
(1) 5.1 Prior to the recordation of a final tract map, water
(2) improvement plans shall be submitted to and approved by
(6) the Fire Chief for adequate fire protection and financial
security posted for the installation. The adequacy and
reliability of water system design, location of valves,
and the distribution of fire hydrants will be evaluated
in accordance with Insurance Services Office suggested
standards contained in the "Grading Schedule" for
Municipal Fire Protection.
(1) 5.2 Prior to the issuance of building permits for combustible
(2) construction, evidence that adequate water supply for
(6) fire protection is available shall be submitted to and
approved by the Fire Chief. Fire hydrants shall be in
place and operational to meet required f ire -f low prior to
commencing construction with combustible materials.
(1) 5.3 Prior to the issuance of any building permits, a
(4) construction phasing plan shall be submitted to and
(6) approved by the Fire Chief. The purpose of this review
is to evaluate the adequacy of emergency vehicle access
for the number of dwelling units served.
(1) 5.4 Prior to the issuance of any building permits, all
(4) underground piping -for automatic f ire extinguishing
(6) systems shall be approved. Plans for an automatic fire
extinguishing system shall be approved by the Fire Chief
prior to installation. Such systems shall be operational
prior to the issuance of a certificate of use and
occupancy.
(1) 5.5 Prior to the issuance of any certificates of use and
(4) occupancy, the private street/drives, as shown on the
(6) submitted site plan, shall be red curbed and
posted "No Parking --Fire Lane" as per 1588 Uniform Fire
Code, Section 10.207, in a manner meeting the approval of
the County Fire Chief.
(1) 5.6 Prior to the issuance of any grading permits,'a fuel
(4) modification plan and program shall be approved by the
(6 ) Fire Chief. The plan shall show the special treatment to
achieve an acceptable level of risk in regard to the
exposures of structures to flammable vegetation and shall
address: The method of removal and installation;
mechanical or hand labor, and provisions for its
continuous maintenance. The approved fuel modification
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 8
plan shall be installed prior to the issuance of building
permits, under the supervision of the Fire Chief, and
completed prior to the issuance of applicable use and
occupancy permits. Contact the Wildland Fire Defense
Planning Section at (714) 744-0496 for requirements.
(1) 5.8 Prior to the issuance of any building permits,
(4) construction details for any controlled entry access
(6 ) shall be approved by the Fire Chief. These details shall
include width, clear height, and means of emergency
vehicle over -ride. Installation of controlled entry
access gates will have an impact on emergency vehicle
response times.
(1) 5.8 Prior to the issuance of any certificates of use and
(4) occupancy, all fire hydrants shall have a "Blue
(6) Reflective Pavement Marker" indicating its location on
the street or drive per Orange County Fire Department
Standard. On private property these markers are to be
maintained in good condition by the property owner.
(1) 5.9 Access between buildings may be obstructed due to
(4) landscaping. The Fire Department needs the ability to
(6) raise ladders between buildings. Landscaping and tree
locations shall be subject to review and approval by the
Fire Department and the Community Development Department.
(1) 5.10 Prior to the recordation of a Final Tract Map, the
(4) Emergency Fire Access shall be approved by the Fire
(6) Chief. The emergency access through adjoining Tract
13835 shall be non -revocable. The Emergency Fire Access
shall be kept clear of all construction traffic and
debris during construction of the project.
*NOISE
(1) 6.1 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
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 9
acoustical analysis shall be prepared by an expert
or authority in the field of acoustics.
All residential lots and dwellings shall be sound
attenuated against present and projected noises,
which shall be the sum of all noise impacting the
project, so as not to exceed an exterior standard
65 dBa CNEL in outdoor living areas and an interior
standard of 45 dBa 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.
(1) 6.2 Prior to issuance of any Certificates of Use or
(2) Occupancy, field testing in accordance with the
(3) Title 25 regulations may be required by the Building
Official to verify compliance with STC and IIC design
standards.
(1) 6.3 All construction operations, including engine warm up,
(9) 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; or other times that the Building Official
determines will be in substantial conformance with the
Noise Ordinance and the public health and safety will not
be impaired, subject to application being made at the
time the permit for the work is awarded or during
progress of the work.
CC&R•S
(1) 7.1 Prior to approval of the final map, all organizational
(3) documents for the project including any deed
(8) restrictions, covenants, conditions, and restrictions
(9) 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 their recordation.
CC&R's shall include but not be limited to the following
provisions:
A. Since the City is interested in protecting the
public health and safety and ensuring the quality
and maintenance of common areas under control of a
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 10
Homeowner's Association, 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 by the following B through
R. However, the City shall not be obligated to
enforce the CC&R's.
B. The requirement that association bylaws be
established.
C. Provisions for effective establishment, operation,
management, use, "repair and maintenance of all
common areas and facilities including landscaped
areas and lots, recreation areas, pools, and spas,
walls and fences, private roadways and
infrastructure (i.e., walks, sewer and water), and
paseos.
D. Membership in any Homeowner's Association shall be
inseparable from ownership in individual units.
E. Architectural controls shall be provided and may
include but not be limited to provisions regulating
exterior finishes, roof materials, fences and
walls, accessory structures such as patios,
sunshades, trellises, gazebos, awnings, room
additions, exterior mechanical equipment,
television and radio antenna.
F. Maintenance standards shall be provided for
applicable items listed in Section C above in
CC&R's. Examples of maintenance standards are
shown below:
1. All common area landscaping and private lawn
areas visible from any public way shall be
properly maintained such that they are evenly
cut, evenly edged, gree of bare or brown
spots, free of debris and free of weeds above
the level of the lawn. All planted areas
other than lawns shall be free of weeds, dead
vegetation and debris. 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 property and shall be maintained
so they do not have droppings or create other
nuisances to neighboring property. All trees
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 11
shall also be root pruned to eliminate exposed
surface roots and damage to sidewalks,
driveways and structures.
2. All private roadways, sidewalks and paseos
shall be maintained so that they are safe for
users. Significant pavement cracks, pavement
distress, excessive slab settlement, abrupt
vertical variations and debris on travel ways
should be removed or repaired promptly.
3. Common areas shall be maintained in such a
manner as to avoid the reasonable
determination of a duly authorized official of
the City that a public nuisance has been
created by the absence of adequate maintenance
such as to be detrimental to public health,
safety, or general welfare, or that such a
condition of deterioration or disrepair cause
harm or is materially detrimental to property
values or improvements within the boundaries
of the subdivision and Homeowner's
Association, to surrounding property, or to
property or improvements within three hundred
(300) feet of the property may also be added
as alternative language.
4. Pedestrian gates at the main project entrance
access points may not have locking devices,
and shall remain open and accessible at all
times, as required by City Council.
G. Homeowner's Association approval of exterior
improvements requiring a building permit shall be
obtained prior to requesting a building permit from
the City of Tustin Community Development
Department. All plans for exterior improvements
shall conform to requirements set forth by the City
and the CC&R's. All plans submitted to the City
shall bear the Association's stamp and authorized
signature of approval.
H. Residents shall not store or park any non -motorized
vehicles, trailers or motorized vehicles that
exceed seven feet high, seven feet wide and 19 feet
long in any parking, driveway or private street
area except for purpose of loading, unloading,
making deliveries or emergency repairs except that
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 12
the Homeowner's Association may adopt rules and
regulations to authorize exceptions. Additionally,
no non -motorized vehicles, trailers or motorized
vehicles shall be allowed to overhang onto any
public/private street or drive within the
development. The parking of any vehicles within
building motor courts shall be in designated spaces
only. There shall be no parking permitted of any
kind on driveways that are less than 19 feet in
length.
I. Four hundred twenty eight (428) parking spaces
shall be permanently and irrevocably assigned to
individual condominium units at a rate of two
parking spaces per dwelling. A minimum of an
additional one hundred seven (107) guest parking
spaces shall be established (.5 parking spaces per
dwelling unit) and maintained within the common
area and shall be used for guest parking only.
J. Condominium 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.
K. Maintenance of all landscaped areas adjacent to
Robinson Drive shall be by the Homeowners
Associates of subject tract.
L. The Association shall be responsible for
establishing and following procedures for providing
access to the public utilities for maintenance cll.:
their facilities within the project area, subject
to those agencies' approval.
M. All utility services serving the site shall be
installed and maintained underground.
N. 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
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 13
contacting the association in the case of emergency
or in those cases where the City has an interest in
CC&R violations.
O. Disclosure information related to aircraft noise
impacting the subdivision, as approved by the City
of Tustin Community Development Department.
P. Perimeter project block walls to be constructed on
private property shall be maintained and replaced,
if necessary by a Homeowner's Association. This
shall not preclude a Homeowner's Association from
assessing charges to individual property owners for
structural damage to the wall or fence.
Q. No amendment to alter, modify, terminate or change
the Homeowner's Association's obligation to
maintain the common areas and the project perimeter
wall or other CC&R provisions in which the City has
an interest, as noted above, or to alter, modify,
terminate or change the City's right to enforce
maintenance of the common areas and maintenance of
the project perimeter wall, shall be effective
without the prior written approval of the City of
Tustin Community Development Department.
R. The Homeowner's Association is responsible for
monitoring and enforcing any and all parking and
traffic regulations on private streets and private
drives. The project CC&R's shall include
provisions to require the Association, to develop
and enact an enforcement program related to
enforcement of parking and traffic regulations
within the private development. Said program may
include provisions for levying fines, collecting
fines and enforce-,rient/monitoring by private
security companies/persons.
Prior to implementation of such a program, copies
of the approve HOA Program shall be forwarded to
the City of Tustin Police Department and Community
Development Department for review and approval.
The Police Department and Community Development
Department shall also be provide with any
amendments or modifications to the program. All
parking regulations shall be enforced at time of
final occupancy of any phase of the project.
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 14
TENANT/HOMEBUYER NOTIFICATION
(1) 8.1 Prior to issuance of Certificate of Occupancy:
(2)
A. A document separate from the deed, which will be an
information notice to future tenants/homebuyers of
aircraft noise impacting the subdivision, shall be
recorded. The notice shall further indicate that
additional building upgrades may be necessary for
noise attenuation. This determination to be made
as architectural drawings become available and/or
where field testing determines inadequate noise
insulation.
B. The Subdivider shall submit for review and approval
of content by the Director of Community
Development, a copy of rental/sales literature for
the residential project with the approved
aircraft/helicopter noise statement and the
approved schools notification statement, printed on
it. Any changes to the rental/sales literature
after initial City approval shall be submitted to
the Director of Community Development for approval.
C. The subdivider shall provide the City with a copy
of the approved aircraft/helicopter noise statement
which shall contain a disclosure document on
aircraft notification. Said document must be
signed by each tenant/homeowner prior to occupancy
of any unit. The content of the statement shall be
approved by the Director of Community Development
prior to circulation.
D. The developer shall provide the City with a schools
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. Notice to homebuyers that proposed school
sites may never be constructed.
�. Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 15
E. The Subdivider shall provide the City with a
statement, signed by each tenant/homebuyer,
containing a comprehensive description of all
private and public improvements and developments
adjacent to or in close proximity to the proposed
development.
(1) 8.2 Subdivider shall notify all potential homebuyers of the
(6) following Assessment/Maintenance Districts affecting the
property:
A. Assessment District 86-2
B. City of Tustin 1972 Landscaping and Lighting
Maintenance District as amended.
(1) 8.3 The Subdivider shall submit for review and approval of
(6) content by the Director of Community Development
Department, a copy of notification which disclose to
potential homebuyers that the development will be
situated across Robinson Drive from a sports complex
which may feature lighted athletic fields.
FEES
(1) 9.1 Prior to recordation of any final map, Subdivider shall
(3) pay plan check and inspection fees for all public and/or
private infrastructure improvements within City's
responsibility excluding those financed by an Assessment
District.
(1) 9.2 Prior to recordation of any final map, subdivider shall
pay all Assessment District 86-2 reapportionment fees.
(1) 9.3 Prior to issuance of certificates of use or occupancy,
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 any Assessment
Districts applicable to the subdivision.
w. Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 16
(1) 9.4 Prior to issuance of any building permit for the project,
(2) including but not limited to foundation permits, payment
(3) shall be made of all required fees including:
(6)
(9)
A. Major thoroughfare and bridge fees to Tustin Public
Works Department.
B. Sanitary sewer connection fee to Irvine Water Ranch
District.
C. Grading plan checks and permit fees to the
Community Development Department.
D. All applicable Building plan check and permit fees
to the Community Development Department.
E. New development fees to the Community Development
Department.
F. School facilities fee to the Tustin Unified School
District subject to any agreement reached and
executed between the District and the Irvine
Company.
G. Required East Tustin Facility Fees as may be
adjusted to reflect cost of living increases prior
to issuance of any permits; including but not
limited to issuance of foundation permits:
1. Civic Center Expansion Fee
2. Irvine Boulevard Widening Fee
3. Fire Protection Facility Fee
(1) 9.5 Within forty-eight (11.8) hours of approval of the subject
(2) project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
COUNTY CLERK in the amount of $25.00 (twenty-five
dollars) pursuant to AB 3185, Chapter 1706, Statutes of
1990, enable the Citi- to file the Notice of Determination
required under Public Resources code Section 21151 and 14
Cal. Code of Regulations 15094. If within such forty-
eight (48) hour period that the applicant has not
delivered to the Community Development Department the
above -noted check, the approval for the project granted
herein shall be considered automatically null and void.
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3004
Page 17
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.
GENERAL
(1) 10.1 Within 24 months, from tentative map approval, the
Subdivider shall file with appropriate agencies, a f inal
map prepared in accordance with subdivision requirements
.of the Tustin Municipal Code, the State Subdivision Map
Act, and applicable conditions contained herein unless an
extension is granted pursuant to Section 9335.08 of the
Tustin Municipal Code.
(1) 10.2 Prior to occupancy of units, the Subdivider shall record
a final map in conformance with appropriate vesting
tentative map.
(1) 10.3 Prior to final map approval.
A. Subdivider shall submit a current title report.
B. Provision for landscaping maintenance of landscape
lots, paseos and easements adjacent to project
private streets shall be the responsibility of the
adjoining property owners and/or Homeowner's
Association of Tract 14585.
C. Subdivider shall submit a duplicate mylar of the
Final Map, or 8 1/2 inch by 11 inch transparency of
each map sheet prior to final map approval and "as
built" grading, landscape and improvement plans
prior to Certificate of Acceptance.
(1)
(2)
10.4 Subdivider
of the
shall conform
to all applicable requirements
(5)
State Subdivision Map Act, the City's Subdivision
Ordinance, in the East
(9)
Developrent
Tustin
Agreement,
Specific Plan and
EIR 85-21
conditions
for Final Map
and applicable
12870.
It
Exhibit A - Conditions of Approval - VTT 14585
Resolution 3084
Page 18
(1) 10.5 The cumulative number of residential units for which
(5) certificate of occupancy may be issued shall not exceed
the cumulative total of square feet of occupied revenue
generating uses; or equivalents as shown in the East
Tustin Specific Plan Development Agreement.
(1) 10.6 Prior to- occupancy of units, the Subdivider shall
complete all public and private improvements as
determined by the City Engineer and the Director of
Community Development Department to be necessary for the
public health and safety and construction which is a
prerequisite to the orderly development of the project
and the surrounding area.
(1) 10.7 Prior to release of building permits, all conditions of
approval of Design Review 91-045 of the subject project
shall be complied with as shown on Exhibit A attached to
Resolution No. 3085 and incorporated herein by reference.
However, applicant will be permitted to obtain building
permits for model unit construction prior to approval of
Final Map 14585 provided all Building Code requirements
have been met including Public Works, Fire Department and
Community • Development Department requirements and
approvals.
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F 1, L E C-
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RESOLUTION NO. 3085
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, CONDITIONALLY
APPROVING DESIGN REVIEW 91-045 FOR A PROJECT
WITH 214 CONDOMINIUM DWELLING UNITS ON 18.02
ACRES ON VESTING TENTATIVE TRACT 14585
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. That a proper application, Design Review 91-
045 was filed by RecreAction Group of
Companies (RGC) requesting approval of a 214
unit condominium project on an 18.02 -acre site
identified as Vesting Tentative Tract 14585.
B.- That a public hearing was duly noticed,
called, and held on said application on
September 14, 1992.
C. Pursuant to Section 9272 of the Tustin
Municipal Code, the 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 building
2. Setbacks and site planning
3. Exterior materials and colors
4. Type and pitch of roofs
5. Size and spacing of windows, doors and
other openings
6. Towers, chimneys, roof structures,
flagpoles, radio and television antennae
7. Landscaping, parking area design and
traffic circulation
8. Location, height and standards of
exterior illumination
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Resolution No. 3085
Page 2
9. Location and appearance of equipment
located outside of an enclosed structure
10. Location and method of refuse storage
11. Physical relationship of proposed
structures to existing structures in the
neighborhood
12. Appearance and design relationship of
proposed structures to existing
structures and possible future structures
in the neighborhood and public
thoroughfares
13. Proposed signing
14. Development Guidelines and criteria as
adopted by the City Council
II. The Planning Commission hereby conditionally
approves Design Review 91-045 authorizing
construction of a 214 unit condominium project
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 14th day of September,
1992.
KATHLEEN CLAN
Secretary
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4Chairman
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Resolution No. 3085
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I. KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
3085 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 14th day of
September, 1992.
KATHLEEN CLANCY
Recording Secretar
EXHIBIT A
DESIGN REVIEW 91-045
CONDITIONS OF APPROVAL
RESOLUTION NO. 3085
rFNFRaT.
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped September
14, 1992, on file with the Community Development
Department, as herein modified, or as modified by the
Director of Community Development Department in
accordance with this Exhibit. The Director of Community
Development may also approve subsequent minor
modifications to plans during plan check if such
modifications are to be consistent with provisions of the
East Tustin Specific Plan.
(1) 1.2 Unless otherwise specified, all conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval by the Community Development
Department.
(1) 1.3 Design review approval shall become null and void unless
all building permits are issued and substantial
construction is underway within eighteen (18) months of
the date of this Exhibit.
(1) 1.4 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to issuance of building
permits.
PLAN SUBMITTAL
2.1 At building plan check the following items shall be
submitted:
(3) A. Construction plans, structural calculations, and
Title 24 energy calculations. Requirements of the
Uniform Building Codes, State Handicap. and Energy
Requirements shall be complied with as approved by
the Building Official.
---------------------------------------------------------------
SOURCE CODES
(1)
STANDARD CONDITION
(5)
SPECIFIC PLAN
(2)
CEQA MITIGATION
(6)
RESPONSIBLE AGENCY REQUIREMENT
(3)
UNIFORM BUILDING CODE/S
(7)
LANDSCAPING GUIDELINES
(4)
DESIGN REVIEW
(8)
PC/CC POLICY
***
EXCEPTION
(9)
OTHER MUNICIPAL CODE REQUIREMENT ,
Resolution No. 3085
Exhibit A - Condition of Approval - DR 91-045
Page 2
(2) B. Preliminary technical detail and plans for all
(3) utility installations including cable TV,
telephone, gas, water and electricity.
Additionally, a note on plans shall be included
stating that no field changes shall be made without
corrections submitted to and approved by the
Building Official.
(1) C. Information, plans and/or specifications to ensure
(2) satisfaction of Conditions 1.1, 1.21 1.31 1.41 1.5,
(6) 1.6, 1.7 and 1.8 of Exhibit A of Planning
Commission Resolution No. 3084.
(2 ) D. Final grading and specifications consistent with the
(3) site plan and landscaping plans and prepared by a
registered civil engineer for approval by the.
Community Development Department. Subject grading
submittal shall comply with all requirements of
Condition 4.1, 4.2 and 4.3, contained in Exhibit A
of Planning Commission Resolution No. 3084.
(2) E. Information, plans and/or specifications to ensure
(3) compliance with Fire Department Conditions 5.1
(6) through 5.10 of Exhibit A of Planning Commission
Resolution No. 3084.
(2) F. A model complex plan identifying all temporary
(3) fencing, landscaping, elevation alterations,
parking. facilities and other temporary model
complex facilities subject to approval of Community
Development Department.
(2) G. A detailed acoustical noise study prepared by a
(3) qualified acoustical expert shall be subject to
.review and approval by the Community Development
Department to insure that interior noise levels do
not exceed a maximum of 45 dBa's. The report and
any subsequent field inspection shall comply with
Condition 6.1 and 6.2 of Exhibit A of Planning
Commission Resolution No. 3084.
(1) 2.2 Applicant shall be permitted to obtain grading permits
and building permits for model unit construction prior to
approval of Final Map 14585 provided all Building Code
requirements have been met including Public Works, Fire
Department and Community Development Department
requirements and approvals.
Resolution No. 3085
Exhibit A - Condition of Approval - DR 91-045
Page 3
(1) 2.3 Architectural plans shall not be submitted for plan check
unless accompanied by a letter approving the proposed
design by the Irvine Company.
(1) 2.4 Consideration shall be given to rough plumbing to retain
(2) future solar heating options for recreation buildings.
(8) Copper shall be installed from hot water closet and the
hot water closet shall be adequate in size to accommodate
a solar water heater and addition of a 110v electrical
outlet.
SITE AND BUILDING CONDITIONS
(1) 3.1 All exterior colors to be used shall be subject to review
(4 ) and approval of the Director of the Community Development
Department. All exterior treatments shall be coordinated
with regard to color, materials and detailing and noted
on submitted construction plans and elevations shall
indicate all colors and materials to be used.
(1) 3.2
Note on final plans that a six -foot -high chain linked
fence shall be installed around the site prior to
building construction stages. Gated entrances shall be
permitted along the perimeter
construction vehicles.
of the site for
(1) 3.3 All mechanical and electrical fixtures and equipment
(4) shall be adequately and decoratively screened. The
screen shall be considered as an element of the overall
design of the. project and shall blend with the
architectural design of buildings. All telephone and
electrical boxes shall be indicated on the building plans
and shall be completely screened. Electrical
transformers shall be located toward the interior of the
project maintaining a sufficient distance to minimize
visual impacts on the entry point along Robinson Drive.
Air conditioning units shall be screened from view by
architectural features where visible from the private
loop drives or motor courts.
(1) 3.4 Exterior elevations of the buildings shall indicate any
fixtures or equipment to be located on the roof of the
building, equipment heights and type of screening. All
_w screening shall be at least six inches above rooftop
equipment for purposes of screening.
Resolution No. 3085
Exhibit A - Condition of Approval - DR 91-045
Page 4
(1) 3.5 Submit details for all on-site subdivision walls to be
(3) constructed by developer including patio block walls
(4) within interior of project. Show type of wall cap and
type of color, exterior materials on subdivision walls
for Tract 12870 and decorative treatment of all exposed
walls. Patio block walls which do not also serve as
perimeter walls for project shall be consistent with main
building treatments. A protective rail or guard must be
installed on top of retaining walls where there is more
than a thirty (30) inch drop. Check the building code
and provide details for such treatment. Provide
wall/fence legend on site plan.
(1) 3.6 Submit mailbox architectural detail indicating color and
exterior treatment (number of coats of paint, wear and
durability features) for review and approval of Director
of Community Development.
(1) 3.7 Automatic garage door openers shall be provided on all
(4) garages.
(1) 3.8 Adequate size trash enclosures with solid metal, self -
(4) closing, self -latching gates shall be provided. Said
enclosure(s) shall be screened by a decorative wall of a
minimum height of six feet and if required, a dense type
of landscaping. The actual location of said enclosures
and types of screening shall be subject to approval by
the Director of Community Development.
(1) 3.9 The applicant shall provide a letter from Great Western
(5) Reclamation indicating that the proposed design of the
trash enclosures would accommodate future recycling
efforts which are anticipated by Great Western
Reclamation. The enclosure shall utilize materials and
finished complimentary to the architecture of the
project.
(1) 3. 10 The site plan for the models shall be revised to include
(6) the following:
(8)
A. A pedestrian gate, 3' wide, shall be placed
adjacent to the south side of the double fire
department access gates. This gate shall
have a metal sign on it indicating in minimum
3" lettering, "Police and Fire Gate." The
gate shall be locked using a Medeco padlock
keyed to the police/fire department Knox
locking system.
Resolution No. 3085
Exhibit A - Condition of Approval - DR 91-045
Page 5
B. All dwelling unit porch lights shall be
functional and remain illuminated during the
hours of darkness. Additional lighting shall
be added to illuminate the common area
driveway between the models with a minimum
maintained .25 footcandles of light evenly
distributed on the walking/driving surface.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(1) 4.1 Prior to issuance of any building or grading permits,
(7) 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 and Irrigation Submittal Requirements.
Provide summary table applying indexing identification to
plant materials. The plant table shall list botanical
and common names, sizes, spacing, location and quantity
of the plant materials proposed. Show planting and
berming details, soil preparation, staking, etc. The
irrigation plan shall show location and control of
backflow prevention devices, pipe size, sprinkler type,
spacing and coverage. Details for all equipment must be
provided. Show all property liens on the landscaping and
irrigation plan, public right-of-way areas, sidewalk
widths, parkway areas, and wall locations. The
Department of Community Development may request minor
substitutions of plant materials or request additional
sizing or quantity materials during plan check. Note on
landscaping plan that coverage of landscaping and
irrigation materials is subject to field inspection at
project completion by the Department of Community
Development.
(7) 4.2 The submitted landscaping plans at plan check shall
reflect the following requirements:
A. Turf is unacceptable for grades over 250. A
combination of planting materials must be used,
ground cover on large areas along is not
acceptable.
B. Provide a minimum of one 15 -gallon size tree and
five 5 -gallon shrubs for every 30 feet of property
line on the property perimeter.
C. Shrubs shall be a minimum of 5 -gallon size and
shall be spaced a maximum of five feet on center.
Resolution No. 3085
Exhibit A - Condition of Approval - DR 91-045*
Page 6
D. Ground cover shall be planted between a maximum of
eight to 12 inches on center, with eight inches on
center preferred.
E. Fences, walls and equipment areas, shall be
screened with shrubs and/or vines and trees.
F. All plant materials shall be installed in a healthy
vigorous condition typical to the species and must
be maintained in a neat and healthy condition.
Maintenance includes but is not limited to
trimming, mowing, weeding, removal of litter,
fertilizing, regular watering, and replacement of
diseased or dead plants.
G. Buffer driveway and parking areas with landscaping
berms when possible.
H. Earth mounding is essential and must be provided to
applicable heights whenever it is possible in
conjunction with the submitted landscaping plan.
Earth mounding should be particularly provided at
project entries.
I. Major point of entry to the project, courtyards and
pedestrian internal circulation routes shall
receive specimen trees to create an identification
theme.
J. Landscape adjacent to the golf course shall be
coordinated with golf course landscaping
Perimeter walls should be treated with vines in
order to relieve large' expanses of walls with
adding greenery and color. Vine should be
informally grouped with training devices installed.
(1) 4.3 Screening adjacent to roadways, whenever possible, shall
(7) compliment the architecture, color and construction
(4) material of primary buildings on the site.
(1) 4.4 All walls, fences or landscaping adjacent to streets
(7) should be designed to provide adequate sight distance for
(4) vehicles exiting the tract via the private streets. All
walls shall be designed in accordance with height
standards as identified in the ETSP and City Code where
applicable.
Resolution No. 3085
Exhibit A - Condition of Approval - DR 91-045
Page 7
(1) 4.5 Provide details, colors, and materials for all exterior
(7) walkways, stairs and walls. Design interior walkways to
(4) create a reinforced pedestrian corridor with accessory
landscaping treatment.
(1) 4.6 Entryways to the project site should be focal points. In
(7) addition to larger tree treatments these areas should be
(4) provided with a variety of color and treatment of
landscaping as well as an incorporation of special
decorative signage or pavement treatment (i.e., walls,
gates, lighting, etc.).
(1) 4.7 A complete, detailed project sign program including
(4) design, location, sizes, colors, and materials shall be
approved by the Irvine Company then submitted for review
and approval by the Department of Community Development.
The sign program shall include temporary and permanent
project identification, addressing and street signs.
Address signs shall be automatically illuminated.
(1) 4.8 Indicate lighting scheme for project, note locations of
all exterior lights and types of fixtures, lights to be
installed on buildings shall be a decorative design. No
lights shall be permitted which may create any glare or
have a negative impact on adjoining properties. The
location and types of lighting shall be subject to the
approval of the Director of Community Development.
FEES
(1) 5.1 Payment of all fees required in Exhibit A of Planning
(6) Commission Resolution No. 3084.
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RESOLUTION NO. 92-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN FINDING THAT FINAL ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE EAST TUSTIN
SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY
SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA)
IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR
VESTING TENTATIVE TRACT MAP 14585 AND ALL
FEASIBLE MITIGATION MEASURES HAVE BEEN
INCORPORATED AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustin does hereby
resolve as follows:
I. The City Council finds and determines as follows:
A. That Vesting Tentative Tract Map 14585 is
considered a "project" pursuant to the terms
of the California Environmental Quality Act;
and
B. That the project is covered by a previously
certified Final Environmental Impact Report
for the East Tustin Specific Plan which serves
as a Program EIR for the proposed project.
II. The East Tustin Specific Plan Final Environmental
Impact Report (85-2), previously certified on March
17, 1986 as modified by subsequently adopted
supplements and addenda, was considered prior to
approval of this project. The City Council hereby
finds: this project is within the scope of the
East Tustin Specific Plan previously approved; the
effects of this project, relating to grading,
drainage, circulation, public services and
utilities, were examined in the Program EIR. All
feasible mitigation measures and alternatives
developed in the Program EIR are incorporated into
this project. The Final EIR, is therefore
determined to be adequate to serve as a Program EIR
for this project and satisfies all 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 Minimis
Impact Finding related to AB 3158, Chapter 1706,
Statutes of 1990.
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Resolution No. 92-117
Page 2
Applicable mitigation measures identified in the
Final EIR have been incorporated into this project
which mitigates any potential significant
environmental effects thereof. The mitigation
measures are identified as Conditions on Exhibit A
of Planning Commission Resolution No. 3084
recommending approval of Vesting Tentative Tract
Map 14585 and Resolution No. 3985 approving Design
Review 91-045.
PASSED AND ADOPTED by the City Council of the City of
Tustin, at a regular meeting on the 5th day of October,
1992.
LESLIE A. PONTIOUS
Mayor
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 92-117
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and
foregoing Resolution No. 92-117 was passed and adopted at
a regular meeting of the City Council held on the 5th day
of October, 1992, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
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RESOLUTION NO. 92-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING OF VESTING TENTATIVE TRACT MAP
14585 TO CREATE 43 NUMBERED LOTS AND 24 LETTERED
LOTS FOR AN ATTACHED CONDOMINIUM RESIDENTIAL
PROJECT LOCATED ON LOTS 18 AND BB OF TRACT 12870.
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 14585 was
submitted to the City Council by RecreActions Group
of Companies (RGC) for consideration.
B. That a public hearing was duly noticed, called and
held for said map on September 14, 1992 by the
Planning Commission and on October 5, 1992 by the
City Council.
C. That an Environmental Impact Report (EIR 85-2 for
the East Tustin Specific Plan) has been certified
in conformance with the requirements of the
California Environmental Quality Act for the
subject project area.
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 as it pertains to the
development of 214 condominium dwelling units.
E. The 1.7976 acres of parkland required for this
development was previously dedicated with
recordation of Tract 12870.
F. That the City has reviewed the status of the School
Facilities Agreement between the Irvine Company and
the Tustin Unified School District, the East Tustin
Specific Plan, EIR 85-2 with subsequently adopted
supplements and addenda, the impacts of Vesting
Tentative Tract 14585 on School District
facilities, and reviewed changes in State law, and
finds and determines that the impacts on School
District facilities by approval of this map are
adequately addressed.
G. That the site is physically suitable for the type
of development proposed.
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Resolution No. 92-118
Page 2
H. That the site is physically suitable for the
proposed density of development.
I. That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife in their habitat.
J. That the design of the subdivision or the type of
improvements proposed will not conflict with
easements acquired by the public -at -large, for
access through or use of the property within the
proposed subdivision.
K. That the design of the subdivision or the types of
improvements proposed are not likely to cause
serious public health problems.
II. The City Council hereby approves Vesting Tentative Tract
Map 14585 subject to the conditions contained in Exhibit
A of Planning Commission Resolution No. 3084 incorporated
herein by reference with the following exceptions:
1. Condition T.1F.4 shall be eliminated.
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 5th day of October, 1992.
Mary E. Wynn, City Clerk
LESLIE A PONTIOUS,
Mayor