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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 AO Q _ o, O Cr O O ; O O� 10 „O AY - 4L 0 0- �p ,' , �3 y_ JAiid�4iv,E �Q 0 D, -NOTES lC77 NU. vq,Po 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 7 Quantity Percentage 41 19.2 45 21.0 39 18.2 48 22.4 41 19.1 m p .9 & i cr v :)OIL 0 U2 z O :)Wol CC 0 9 m p 44 a IOU t 4�� IAV Itsl Ad F 0,.,-7 �d Cr x 0 i.lJ� 2 1k, >w a 'o, 01 rIj > z u cc b z W Id 0 g CD 55 Pic 4 o U) 9 .. '. k a0ao�ti 0i (4 i; �d Cr x 0 i.lJ� 2 1k, >w a 'o, 01 rIj > o '- 8 u cc b z W Id 0 g Pic 4 Z Z o 9 ;; -- ! 1 1 1 1 1 0-1100. 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In �+�,', ID 3a�_ 0 l=y; O O a z1s moa. r C: u:52 i fit Rif It- f' oat e a f ft is Ifi3} t1t ivf� iJi Z W ¢ a fit! ff ;,{ i 1,,� i�sjf' =Iln��� tt j ! it 09 7 -V II lI u 0 0 yj Z U. 0 0 0 it iz cc C's ;t W o oa z 0 if p-ilip:111, Lu o R I oi It I fL U. 10 ZZ 00*0 0 |k ', § � ui Z t cc r DO0Z ,,-a I f \/0 00 z w cr 0 t U. I if OF fe, IY;i If i"; i.; 1106000 o til, mn -it 6 , , m \ y; Pli mm 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 is 19' 20 21 22 23 24 19' ZD 26 27 28 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. 1 2 3 4 J G 7 8 9 10 11 12 13! 14 15 16 17 18 19 20 21 2`' 23 24 2- 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2`' 23 24 25 26 27 28 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. JP:br 2 3 4 5 6 8 9 10' 12 13 14 15 16 17 18 19 20 21 22' 23 24 5 2 9' 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 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 1 2 3 4 J G 7 8 9 lU 11 12 13 14 15 16 17 18 19 24 21 22 23 24 2Z 2( 2. 2� 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. JP:br P 1 2 3 4. 5 G 7 8 9 .l0 11 12 13 14 15 is 17 18 19 20 21 22 23 24 25 26 27 28 F 1, L E C- F4,,;, n 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s� 19 20 21 22 23 24 25 26 27 28 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 17 L EN L. BAKER 4Chairman 1 2 3 4 5 6 7 8 9 lU Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. JP:rvn 1 2 3 4 5 G 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 2V� r 26 27 28 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. 1 2 3 4 5 6 7 81 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 L r L5 26 27 28 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 1 2 3 4 5 6 7 8 9' 10 11' 121 13 14 15 16 17 18 19 20 21 2.2 23 241 5 26 27 28 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. dr 1 2 3 4 5 G 7 8 9 10', 11 12 13 14 15 1c 17 18 19 20 21 22 23 24 25 26 27 28 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