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HomeMy WebLinkAboutPH 3 TT MAP 13733 09-07-93PUBLIC HEARING NO. 3 9-7-93 inter-Com DATE: SEPTEMBER 7, 1993 TO' WILLIAM A. HUSTON, CITY MANAGER FROM' COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: VESTING TENTATIVE TRACT MAP 13733 (CALIFORNIA PACIFIC HOMES) RECOMMENDATION It is recommended that the City Council take the following actions: 1. Approve the Environmental Determination for the 'project by adopting Resolution No. '93-96; and 2. ApProve Vesting Tentative Tract Map 13733 by adopting Resolution No. 93-97, as submitted or revised. FISCAL IMPACT . . There are no fiscal impacts associated with this Project as this is an applicant initiated project. No City financial assistance is requested. BACKGROUND On June 15, 1992, the City Council approved Vesting Tentative Tract Map 13733. With that submittal, the applicant proposed 234 condominium dwelling units on the subject site. The applicant has decided not to construct the previously approved project and is proposing a new development project. With the. current submittal, the applicant proposes to subdivide the approximate 16.06-acre site into 27 numbered lots, 49 lettered lots, and One lot for street dedication for the purposes of developing 138 patio home dwelling units. Located in Sector 7 of the East Tustin Specific Plan (ETSP), the site is bordered by the Tustin Ranch golf course to the north and east; Robinson Drive is immediately to the south with Tract 13746 consisting of medium-high density, multiple family, attached units; Lot 15 of Tract 12870 - a future elementary school site; and Lot 17 of Tract 12870, the future Community Park across Robinson DriVe. Bordering on the west of the site is Irvine Boulevard with Lot 8 of Tract 12763, a potential high school site to the south across Irvine Boulevard. City Council Report Vesting Tentative Tract Map 13733 September 7, 1993 Page 2 Prior to development, the Planning Commission must recommend approval of the proposed Vesting Tentative Tract Map to the City Council and approve a Design Review of the project. Additionally, pursuant to the Planning Commission's recommendation and the subsequent approval by the City Council, the East Tustin Specific Plan was amended in May 1993 to permit the development of patio homes, subject to the approval by the Planning Commissiqn of a conditional use permit, ii~ Patio homes are defined by the ETSP as "any residential zoning district or residential development wherein the number of permitted detached units on one building site is two (2) or more and where the dwelling units are under condominium ownership." Consequently, fences may be constructed to define spaces (rear yards) of which the apparent user does not have exclusive right of ownership, but instead a condominium interest. On August 23, 1993, the Planning Commission adopted Resolution No. 3185 recommending to the City Council approval of Vesting Tentative Tract Map 13733 (Attachment B). The Planning Commission also approved the Conditional Use Permit, Design Review and a Variance for the project to authorize the use of the Patio Homes by adopting Resolution Nos. 3182, 3183 and 3184 respectively. 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, at City Hall and at the Tustin Police Department. The applicant was informed of the availability of a staff report on this project. PROJECT DESCRIPTION/SITE PLAN The ETSP designates the~pr~j~ct site as Medium Density Residential, which would permit the development of conventional single family detached housing, attached single family dwellings, condominium projects or apartments up to a density of 18 dwelling units per acre. However, the maximum allowable density for patio homes -- within this land us6 designation is 15 dwelling units per acre as approved by the recent amendments to the ETSP in May 1993. The proposed gross density is 8.59 dwelling units per acre, approximately 43 percent" l~ss than the allowable density under patio home development standards. 'i t 1 16 6 acres relatively The proposed site is approx~ma e y .0 and is flat. The site has been rough graded as part of the grading for o City Council Report Vesting Tentative Tract Map 13733 September 7, 1993 Page 3 Tract 12870, the sector level map. The conceptual grading plans indicate a grade change of approximately eleven (11) feet across the site from west to east along the northern portion of the site and a grade change of approximately four (4) feet across the site from west to east along the southern portion of the site. The lowest point of grade on the site is located in the southwest corner of the site. Minor grading is proposed to create building pads. Streets The new patio home development standards include a street hierarchy system consisting of private streets, private drives, and the newly approved private courts. According to the private street standards, private streets 'with no parallel parking within the travel way shall have a minimum width of 28 feet. On-street parallel parking would be permitted on both sides of the street with a.minimum paved width of 36 feet and limited to one side only with a minimum paved width of 32 feet. Private drives with perpendicular' parking outside of the travel way shall have a minimum paved width of 24 feet. A "private court" is defined as a combination of private streets and/or private drives which take access from a main backbone street system within a detached residential development and which serves no more than 12 dwelling units. Street widths are measured from curb face to curb face, or flow line to flow line in the event of rolled curbs. Ingress and egress to the site is proposed to be a single 40 foot wide (20 foot ingress and egress) private street ("A" Street) accessed from Robinson Drive. "A" Street provides entry access to the interior loop street system within the subdivision. This interior loop street system is comprised of private streets ("B", "C", "D", and "E" Streets) which are 32 feet in width with parking permitted on one side of the street. A 20 foot wide emergency access easement has been provided 'to Robinson Drive in the southeast corner of the site at'the end of "Z" Court (Street). The Building Official has granted several deviations from the private street standards which include: -- 1. Modification to the standard knuckle design for the intersections of "B" & "C" Streets and "D" & "C" Streets which reduces the outside curbline radius from the required 45 feet to 25 feet; and · The elimination of sidewalk on one side of a private street (west side of "C" Street). City Council Report Vesting Tentative Tract Map 13733 September 7, 1993 Page 4 The reduced knuckle radius is justified in that, as opposed to the traditional single family residentiallot development, the proposed private court vehicular circulation system does not require an expanded outside curbline radius for access to individual dwelling unit driveways. As approved, the knuckle deviation will allow for emergency, service and resident vehicular circulation. The elimination of a sidewalk on "C" Street is justified in that there are no dwelling units located on the west side of the street. Pedestrian access to dwelling units on "C" Street is provided by a five (5) foot wide sidewalk located on the east side of the street. Pedestrian access to the pedestrian paseo is provided by sidewalks located on both sides of "D" Street and the single sidewalk on "C" Street. Handicap accessible ramping would be provided at the intersections of "B" & "C" Streets and "D" & "C" Streets. Ail deviations have been determined by the Building Official to be acceptable as adequate pedestrian and vehicular circulation would still be provided. The private court standards would permit three (3) private court (streets) and 21 private court (drives) which would have access along the private street system. Of the three (3) private court (streets), "F" and "Z" Court (Streets) would be a minimum of· 28 feet wide (flow line to flow line) with a 4.5 foot wide sidewalk located on one side, which is consistent with the newly adopted private court standards. Located in the northeast corner of the project, "X" Court (Street), accessed from "E" Street, would be 32 feet wide (flow line to flow line) with parking permitted on one side of the street, and 5 foot wide sidewalks adjacent to both sides of the street, exceeding the newly adopted private court standards. The 21 private court (drives) would be a minimum of 24 feet wide (flow line to flow line) with no sidewalks, and would be a maximum of 150 feet in length, serving no more than six dwellings, consistent with the newly adopted development standards. Perpendicular parking spaces, located outside of the travel way, are provided in "K", "Q", and "V" Court (Drives). Parking The newly adopted patio home development standards require a two- car enclosed garage for each dwelling with one to three bedrooms. Dwelling units with four bedrooms would be required to provide 2.5 parking spaces, two of which would be an enclosed garage and the remainder .5 space would be an open parking space. In addition to City Council Report Vesting Tentative Tract Map 13733 September 7, 1993 Page 5 the above, guest parking spaces shall be provided at a rate of .5 spaces per dwelling unit and located within a 200 foot radius of the unit which it is intended to serve. Resident parking is provided by 138 two-car attached garages for a total of 276 garage spaces as required by the patio home development standards. A total of 37 four bedroom units (Plans 4 and 5) are proposed which require 18.5 open parking spaces. The site plan identifies an additional 70.5 guest parking spaces being provided where 69 guest parking spaces would be required. The majority of the provided parking spaces are located along the interior loop Street. Each space has been determined to be located within a 200 foot radius of the unit which it is intended to serve. Additionally within the development, there are 42 driveways proposed to be 19 feet or greater in length, which would permit driveway parking. As no parking would be permitted on travelways less than 32 feet in width from curb face to curb face or in driveways less than 19 feet in length, conditions of approval have been included regarding the enforcement of parking regulations to be included in the project's recorded CC&R's to mitigate any potential illegal parking problems. Setbacks The newly adopted patio home setback standards were designed to provide flexibility yet maintain a desirable streetscape. On private streets, the minimum building setback is ten (10) feet. A garage may be setback a minimum of five (5) feet. Living area above a garage with less than a ten (10) foot setback would be limited to 75% of the units on that street. On private court (streets and drives), the patio home development standards permit a minimum building setback of seven (7) feet. A garage could be setback a minimum of three (3) feet provided that no more than 50% of the length of the building frontage over the length of the court is less than seven (7) feet. The minimum distance between buildings is ten (10) feet pursuant to the patio home development standards. The distance between buildings may be reduced to a minimum of six (6) feet for a limited distance of no more than 25 feet provided that ~here a~e no windows on at least one of the elevations. The proposed project generally conforms with these development standards. City Council Report Vesting Tentative Tract Map 13733 September 7, 1993 Page 6 Open Space The patio home standards requires a minimum open space of 400 square feet per dwelling unit, excluding all structures, private street, private drives, private courts, above ground patios and parking lots. A minimum of 150 square feet of area designated for private use may be included in the open space calculation, provided such area is located on a grOund level and is open on three sides. The proposed project complies with this minimum open space requirement by incorporating several large open areas in the design of the tract, including the recreation facility in the center of the project. Open areas in the front yard setbacks and streetscape also contribute to the open space calculation. Phasinq The model complex is located at units 21-25 with access to the temporary parking lot from "B" Street. The phasinggenerally moves counter clockwise around the private interior loop street system. The recreation facility would be constructed as part of Phase 1. Although private recreation facilities are not required by the ETSP, it has been past practice to ensure that the recreation facility was complete and available with the occupancy of the first phase when such facilities are provided. Administrative Adjustment Section 3.13 of the ETSP provides for the Director of Community Development to take action on re~uests for minor modifications or adjustments to development standards when such requests constitute a reasonable use of property not permissible under strict literal interpretation of the regulations. The Director has considered and approved an Administrative Adjustment to allow a garage setback which is eighteen (18) feet in length where nineteen (19) is required. The Administrative Adjustment occurs on 12 dwelling units out of 138 dwelling units. Dwelling units 91, 93, 101, 102, 103, 119, 120, 121, 122, 130, 131, and 132 will be permitted to show an encroachment of one foot into the required garage setback, thus resulting in a garage setback reduction to eighteen (18) feet where nineteen (19) feet is required. The adjustment is justified in order to provide a standard five (5) foot wide sidewalk along the private loop street. The applicant also proposes that dwelling units with driveways eighteen (18) foot City Council Report Vesting Tentative Tract Map 13733 September 7, 1993 Page 7 in length shall be equipped with "roll-up" garage doors. With the "roll-up" type of garage door system, the full length of the driveway is maintained as useable space, as opposed to "swing-out" type of garage door which require a portion of the driveway length to operate the garage door. The remainder of the proposed dwelling units are in compliance with applicable standards. Variance The Planning Commission approved a Variance from the East Tustin Specific Plan, Section 3.5H3a to increase the permitted amount of detached residential units served by a private court from twelve (12) dwelling units to thirteen (13) dwelling units located on "Z" Court (Street). In the discussion and review of the patio home development standards, the maximum amount of dwelling units to be permitted on the reduced street widths of the private courts was established as a solution to a combination of concerns regarding the aesthetic and spacial qualities of the streetscape, the need for guest and open parking space within close proximity of the dwelling units, and need for Fire Department and emergency vehicle accessibility. Based on Planning Commission, City Departmental and Fire Department input and review of conceptual site plan designs, the evaluated amount of dwelling units was established to be twelve (12) units. The proposed site plan consists of 2 court (drives), "D" and "U" Court (Drive), which area accessed from a single court (street), "Z" Court (Street). With this configuration, a varied streetscape along "Z" Court (Street) in provided. Each of the court (drives) contain 5 dwelling units, which is consistent with the patio home development standards. The remaining 3 dwelling units face "Z" Court (Street). With this configuration, a varied streetscape is provided with introduction of side and front building facades to the streetscape. "Z" Court (Street) terminates in an open landscaped area further reducing the potential for a "canyon" effect of building facades. Perpendicular parking spaces are located outside of the "Z" Court (Street) travelway which provide the required open and guest parking spaces in close proximity of the proposed dwelling units. As previously stated, located in the southeast corner of the site is a required 20 foot wide emergency access easement, which provides the necessary Fire Department and emergency access to the southeast portion of the site. The Fire Department has had the opportunity to review the requested Variance and has not expressed concerns with regard to emergency access. City Council Report Vesting Tentative Tract Map 13733 September 7, 1993 Page 8 ARCHITECTURAL DESIGN The architectural style of the proposed project is a contemporary interpretation of the Monterey style. The structure would have "S" concrete tile roofs, stucco walls and wood trim. Some of the architectural details include multi-pane windows, and various architectural recesses and pop-outs to provide a break in the building mass of the elevations. Additional pot shelves, railings and pop outs would be provided on the golf course edge and interior corner units to provide greater visual enhancements. The applicant has Provided Sheet A-17 with the Conceptual Plans which indicates the location of units incorporating enhanced elevations. The applicant proposes to provide gutters and downspouts on all units with clipped eaves. A condition of approval has been included to ensure that gutters and downspouts are provided where necessary. The architectural plans propose five building types, each with two elevation variations. All floorplans are two stories with an approximate height between 25 and 27 feet, including the chimney. The ETSP permits a maximum height of 35 feet for patio home developments. The five different floor plans, providing three and four bedroom units, range in size from 1,436-square feet to 2,125- square feet in conformance with the patio home standards which require a minimum of 900 square feet per dwelling unit. Plans 4 and' 5 are four bedroom units and comprise 27 percent of the total units and are in conformance with the patio home standards which permits up to 30 percent of the units to be four bedroom units. Please refer to Attachment A for a statistical summary of the project. The colors proposed for this project include eight base stucco colors (off-white to light tan) with medium tan and bone accents and red-brown blend concrete roof tiles. Muted shades ranging from brick red to deep sea green would provide accent on the front door, wood vents, shutters and exterior lighting. Overall, the proposed colors are consistent with existing development for this portion of East Tustin. LANDSCAPE/HARDSCAPE The conceptual landscape plan meets the requirements of the ETSP and is generally consistent with the City's landscape guidelines. The proposed landscaping consists of a variety of evergreen and deciduous trees, shrubs, vines and ground covers intended to enhance the project and minimize visual impacts. The project entries are highlighted by 36-inch box Rusty Leaf Fig transitioning to 24-inch box Sweet Gum, Crepe Myrtle, Indian Laurel Fig, and City Council Report Vesting Tentative Tract. Map 13733 September 7, 1993 Page 9 Carrotwood tree combinations as the private street theme. Each of the courts are defined by a combination of Catalina Ironwood, Brisbane Box, Magnolia, Purple-leaf Plum, Crepe Myrtle, Bronze Loquat, Melaleuca, Mondell Pine, Sweet Gum, and Goldenrain Tree. The Irvine Boulevard frontage would be buffered by existing Eucalyptus trees as part of the Tract 12870 perimeter theme planing. The applicant is proposing to plant additional trees along the Irvine Boulevard frontage. The planting scheme for the Robinson Drive frontage consists of Eucalyptus trees with Variegated Pittosporum, Flowering Jasmine, Honeysuckle, and Bougainvillea shrubs and groundcovers. Additionally, a large variety of accent trees, shrubs and ground cover would be provided throughout the project. Since the landscaping plan is only illustrative, actual quantities, species, locations and sizes of plant materials would be~determined during building plan check. The conceptual hardscape plan identifies masonry slumpstone walls with a sac finish consistent with the Tract 12870 theme along the Irvine Boulevard and Robinson Drive frontages. A combination slumpstone and wrought iron fence consistent with Tract 12870 would be provided along the golf course perimeter. The conceptual hardscape plan also identifies wood frame fences with stucco finish for the fencing adjacent to the looped street, and vertical board on board with wood cap fencing for all other rear yard fencing. While staff has in the past indicated concerns about the long term maintenance issues associated with wood fences, the Planning Commission has previously approved the use of these wood and stucco fences with Tract 14782 (Lot 10 of Tract 12763) and Tract 14784 (Lot 20 of Tract 12870). The newly adopted patio home standards require that private courts be enhanced with decorative paving treatments such as concrete banding and asphalt, scored concrete, colored concrete and interlocking pavers. The private courts would be defined by the use of ~natural colored concrete banding and asphalt. Shared driveways and banding would have a variety of scoring patterns. In order to ensure compliance with the Uniform Building Code to maintain clear and unobstructed access to each unit, a condition has been added to require provisions within the CC&R's to prohibit parking on short driveways, those measuring eighteen feet or !ess and that all dwelling units with driveways measuring eighteen feet or less be equipped with "roll-up" type garage doors. City Council Report Vesting Tentative Tract Map 13733 September 7, 1993 Page 10 A rural style mailbox detail has been identified in the conceptual landscape plans. The mailbox locations have been identified to be along the private loop street. At the July 19, 1993 City Council meeting, concerns were expressed about mail security with the rural style mailboxes. Based upon previous Planning Commission actions related to mailbox locations and concerns expressed by the City Council regarding mail security, Condition No. 4.9 was included in Planning Commission Resolution No. 3183 requiring that final mailbox design, location and orientation, including methods to ensure security provisions with locking devices where an acceptable manufactured product is available, be subject to the review and approval of the Community Development Director. In determining the final location, the Director would consider the following: mailboxes shall be located as close as possible to a designated parking space, mailboxes shall not be located within ten (10) feet of a street/court intersection or ten (10) feet from the back of curb return, and the location of mailboxes should encourage people to walk to their mailboxes. PARKLAND DEDICATION REQUIREMENT Through a Letter of Understanding between the Irvine Company and the City of Tustin and as subsequently modified, the Irvine Company agreed to provide a two-acre private park in conjunction with the subdivision of Lot 13 of Tract 12870. The development of this park was not an East Tustin Specific Plan nor Quimby Act requirement dedication for the Irvine Company but rather a concession to the City for relocating the community park site from Sector 11 to Sector 7.. In October of 1991, in conjunction with the approval of a Vesting Tentative Tract Map for 234 multiple-family residential units on the same site, the Letter of Understanding was further amended to provide that the Irvine Company would fulfill this park requirement through an in lieu payment, assessed at $2,000 per multiple-family residential unit proposed for a total amount of $468,000.00. Condition No. 9.4 of Planning Commission Resolution No. 3185, requires The Irvine Company to amend the Oc~tober 21, 1991 Letter of Understanding, increasing the assessed per residential units fee to $3,400 per single-family, detached patio home dwelling unit created in any Subdivision of Lot 13, with the fees to be placed into the park development fund for East Tustin to maintain the same total project contribution of $468,000.00. City Council Report Vesting Tentative Tract Map 13733 September 7, 1993 Page 11 ENVIRONMENTAL ANALYSIS Based upon review of Vesting Tentative Tract Map 13733 as well as. Environmental Impact Report 85-2 (as supplemented), it has been determined that the environmental issues relating to this project have previously been addressed. Also, appropriate mitigating measures identified in EIR 85-2 are included as conditions of approval for the project. With this information in mind, it is recommended that the Council make the finding that requirements of the California Environmental Quality Act have been met and that no further environmental review is required. CONDITIONS OF APPROVAL Conditions of approval are included within the attached resolutions. Outside of specific issues discussed in this report, conditions of approval are standard conditions required by either the ETSP, other applicable municipal codes, the approved Development Agreement for the project area, or requirements of City Departments or outside reviewing agencies. CONCLUSION Given the analysis conducted by the Community Development Department, action of the Planning Commission, and in consideration of comments from other agencies and the public, it is concluded that the proposed project meets the requirements of the East Tustin Specific Plan, the Subdivision Map Act, as adopted, and the California Environmental Quality Act. With the inclusion of conditions of approval listed in Planning Commission Resolution No. 3185, it is recommended that the City Council approve the environnental determination and Vesting Tentative Tract Map 13733. ann S Lehm~r Associate Planner CAS: JSL: br/vtt 13733. j [ Attachments: ~hristine/~ Shingleton Assistant~ity Manager Attachment A - Statistical Summary Location map Conceptual Plans Attachment B - Planning Commission Resolution No. 3185 Resolution Nos. 93-96 and 93-97 ATTACHMENT A - Statistical Summary Vesting Tentative Tract Map-13733 Patio Home Development Requirement Gross Site Area Building Area Street Area Open Space N/A N/A N/A N/A Total Units N/A Density 15 du/ac (gross) Lot Coverage 100% (minus setbacks) Building Setbacks Tract Boundary Tract Boundary adjacent to golf course 'Private Street Garage - Private street Private Courts/Drives Garage - Private Courts/ Drives 10 feet minimum 5 feet minimum 10 feet minimum 5 feet minimum 7 feet minimum 3 feet minimum Height 35 feet maximum Resident Parking 276 spaces ( 2 garage per unit) Forth Bedroom 18.5 spaces (.5 per 4 bedroom unit) Guest Parking 69 (.5 spaces per unit) NO. 9'& under NO. 18' Driveway Lengths Proposed PLANS 1'6.057 acres 4.22 acres 4.88 acres 7.77 acres 138 units 8.59 du/ac (gross) 27% 10 feet minimum 10 feet minimum 10 feet minimum 5 feet minimum 7 feet minimum 3 feet minimum 27 feet maximum 276 spaces 138 (attached 2 car garages) 18.'5 spaces (. 5 per 4 bedroom unit) 70.5 spaces NO. 19'& over 84 12 42 SQUARE FEET NO.OF UNITS PERCENTAGE 1 29 21 2 36 26 3 36 26 4 18 13 5 19 14 1,436 1,698 1,866 2,083 2,125 JL:br DESCRIPTION 3 BD,2.5 BA 3 BD,2.5 BA 3 BD,2.5 BA 4 BD,3.0 BA 4 BD,3.0 BA LOCATION MAP < ? ? SITE -® NO SCALE 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. 3185 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP 13733. The Planning Commission of the City of Tustin does hereby resolve as follows: .. I. The Planning Commission finds and determines as follows: ae That Vesting Tentative Tract Map 13733 was submitted to the Planning Commission by California Pacific Homes for consideration; and Be That a public hearing was duly called, noticed and held for said map on August 23,. 1993, by the Planning Commission. Ce 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. De That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single family detached dwellings (patio homes). Ee The 1.1592 acres of parkland required for this development was previously dedicated with recordation of Tract 12870. Fe Ge That the City has reviewed the status of the School Facilities Agreements 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 impact of vesting Tentative Tract 13733 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. That the site is physically suitable for ~he type of development proposed. He That the site is physically suitable for the proposed density of development. I · That the design of the subdivision or the proposea ATTACHMENT B i ] 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. 3185 Page 2 improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. Je That the design of the subdivision or the type of improvements proposed will not conflict with easement acquired by the public at large, for access through or use of the property within the proposed subdivision. Ke That the design of the subdivision or the types of improvement proposed are not 'l~kely to cause serious public health problems. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map No. 13733, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 23rd day of August, 1993. KATHLEEN CLANCY ~/ Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) Chairperson 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. 3185 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of August, 1993. EXHIBIT A VESTING TENTATIVE TRACT MAP 13733 RESOLUTION NO. 3185 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 1.1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and construction or post security (3) (5) guaranteeing construction of all public and/or private, infrastructure improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: ae Ce D. E. F. G. H. I. J. Ke ne Ne O. Curb and gutter/cross gutters. Sidewalks including access facilities for physically handicapped person. Drive aprons/approach Street paving Street signing and paving Landscaping/irrigation facilities Sanitary sewer service facilities Domestic waster service facilities Reclaimed water service facilities Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities.) Traffic signal systems and other traffic control devices. Street and paseo lighting Storm drains and subdrains (*The private storm drain facilities, within this tract will be maintained by homeowner' association). Undergrounding of existing and proposed utility distribution lines Lot monumentation Fire hydrants (5) The amount of acceptable security for conduction of public improvements shall be reViewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 2 (1) ~.Z Ail construction within a public right-of-way and/or public easement must be shown on a separate 24" x 36" plan as prepared by a California Registered Engineer with all construction referenced to applicable City, County or Irvine Ranch Water District standards drawing numbers. (1) ~'3 Ail changes in existing curbs, gutters, sidewalks and (6) other public improvements shall be responsibility of subdivider. (1) ~.4 Preparation of plans for and construction of: ae Ail 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. Be 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 hydrants will be evaluate. 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. C. Sewer and water facilities shall be clearly indicated as publicly maintained. Maintenance access to water facilities shall be the responsibility of the Homeowner's Association and accommodations for such access shall be established prior to building permit issuance. (1) ~.5 Proposed streets shall be designed to-the following ( 5 ) speci f ications: (6) A. All .proposed streets shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 3 Be Ail streets and drives shall be constructed in accordance with City requirements in terms of type and quality of material used. Ce Sidewalk areas shall flare around the placement of all above ground facilities, such as signing, street lights and fire hydrants unless located outside of sidewalk widths within public utility easement areas. De Parking shall only be permitted on streets as approved by the Police and Fire Department. Signage and red curbing shall be installed where appropriate. (1) ~.6 Streets, storm drain, water and sewer improvement plans (6) shall comply with the "City of Tustin Minimum Design Standards for On-Site Street and Storm Drain Improvements" except as modified by the Building Official. (5) 1.7 A traffic control plan prepared by a California Registered Traffic Engineer shall be provided prior to permit issuance. (1) 1.8 A complete hydrology study and hydraulic calculations (5) shall be submitted for review and approval prior to permit issuance. (1) ~.9 A traffic signing and striping plan as prepared by a California Registered Traffic Engineer shall be required. The plan shall include "A" Street to Robinson Drive Road along with any required modifications to the signing and striping in Robinson Drive. (5) ~.~0 In addition to the normal full size plan submittal process, all final development plans including but not limited to: tract maps, parcel maps, right-of-way maps,, records of survey, public works improvements, private infrastructure improvements, and final grading plans are also required to be submitted to the Public Works Department/Engineering Division in compute aided drafting and design (CADD) format. The acceptable formats shall be Intergraph DGN or AutoCad DWG file format, but in no case less than DXF file format. The City of Tustin, CADD conventions shall be followed in preparing plans in CADD, Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 4 and these guidelines are available from the Engineering Division. An option, the applicant may submit manually prepared plans and in lieu of CADD files pay a "processing fee" to the City to have the drawings converted into CADD format. This fee will cover the City's costs to transfer the information from the above noted plans to CADD so that it can be integrated into the City's infrastructure base map. The processing fee will be determined on a case by case basis after the plans have been submitted for review. DEDICATIONS/RESERVATIONS/EASEMENTS (1) 2.1 The subdivider shall satisfy dedication and/or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street and flood (6) control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. 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. (!) 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 Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 5 GRADING / GENERAL (1) 4.~ 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. Be Preparation and submittal of a grading plan subject to approval by the Department of Community Development delineating the following information: le Methods of drainage in accordance with all applicable City standards. · All recommendations submitted by geotechnical or soils engineer and specifically approved by them. · Compliance with conceptual grading shown on tentative tract map. · A drainage plan and necessary support documents such as hydrology calculations to comply with the following requirements: ae be ce d · 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. Elimination of any sheet flow and ponding across lot lin~s. _ Provision of drainage facilities to protect the lots from any high velocity scouring action. Provision for tributary drainage from adjoining properties. 5. Ail flood hazard areas of record. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 6 · A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. · 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. · 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. (1) ' 4.Z Ail earthwork shall be performed in accordance with the (3) City of Tustin Municipal Codes and grading requirements. FIRE DEPARTMENT (5) 5.1 Prior to the recordation of a final tract map, water improvement plans shall be submitted to and approved by 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 and approved by the Chief. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 7 (5) 5.Z Prior to the 'issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be 'submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet requirements and fire- flow prior to commencing construction with combustible materials. (5) 5.3 Prior to the issuance of any building permits, a construction phasing plan shall be submitted to and approved by the Fire Chief. The purpose of this review is to evaluate the adequacy of emergency vehicle access for t~e number of dwelling units served. (1) 5.4 Prior to the recordation of a final tract map, (4) fire protection access easement shall be approved by the (5) Fire Chief and dedicated to the County of Orange. The CC&R's shall contain provisions which prohibit obstructions within the fire protection access easement and also required Fire Chief approval for any modifications such as speed bumps, control gates, or changes in parking plan within said easement. (5) 5.5 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per Orange County Fire Department standards. On private property these markers are to be maintained in good condition by the property owner. (5) 5.6 Prior to recordation of the final tract map, a note shall be placed on the map indicating proposed fire lanes which shall be approve by the Fire Chief. A plan shall be approved by the fire department indicating the curbs to be painted red and ~he type of signage to be utilized. The CC&R's shall contain provision which prohibit parking in the fire lanes and provide a method of enforcement by the Home Owners Association. (5) 5.7 Prior to the reccrdation of the applicable final tract/parcel map as determined by the Fire Chief, the subdivider shall enter into an agreement with the City of Tustin for the installation of traffic signal preemption equipment for the fcllowing location(s): Irvine Blvd. & Robinson Drive. Said agreement shall be accompanied by financial security. After one (1) year from the date of Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 8 the agreement, the Fire Chief shall determine whether the traffic signal preemption is to be installed per the agreement or the financial security released. Language to this effect shall be included in the agreement. This requirement may not be waived or modified and the approximate cost is ten thousand dollars. NOISE (1) 6.1 Prior to the issuance of any building permits: (2) (3) A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be' prepared by an expert or authority in the field'of acoustics. Ail residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dBa CNEL in outdoor 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 (3) Occupancy, field testing in accordance with the Title 25 regulations may be required by the Bui].ding official to verify compliance with STC and IIC design standards. (1) 6.3 Ail construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the_ hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 9 CC&R'S (1) 7.~ Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be Submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after 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 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 Q. However, the City shall not be obligated to enforce the CC&R's. B. The requirement that association bylaws be established. Ce Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences and paseos. De Membership in any Homeowner's Association or Master Association shall be inseparable from ownership in individual lots. Ee 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. Fe Maintenance standards shall be provided for applicable-items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 10 G ~ · e Ail 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 shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. 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. Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior t¢ 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. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 11 He I · J· K· L® M· Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking or driveway area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. Ail utility services serving the site shall be installed and maintained underground. The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. 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. 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.· Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 12 Ne O. Pe Qe Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the five-foot public utility easement behind the private street right-of-way. Where such facilities are located on private property within the utility easement, notification shall be given to those owners as to the locations, types and quantities of all facilities as it relates to their specific property. Maintenance of all manufactured slopes on individual lots shall be the responsibility of the indiVidual property owners. Units maintaining driveway lengths of less than eighteen (18) feet or less shall prohibit the parking of vehicles. Units maintaining driveway lengths of eighteen (18) feet shall be equipped with automatic "roll-up" garage doors. Units maintaining driveway lengths of nineteen (19) feet or greater shall be equipped with either automatic "roll-up" or "swing-out" garage doors. The Homeowners' Association is responsible for monitoring and enforcing any and all parking and traffic regulations on private streets. 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. To ensure the proper use of parking spaces within the subdivision, CC&R's shall include the following acknowledgements and restrictions, which shall also be signed as a separate notification/acknowledge- ment, by each new homeowner in the subdivision: · Project has .5 guest spaces per unit; individual owners shall have no right to use guest spaces for any vehicle. Exhibit A - Conditions of Approval Resolution No.. 3185 Vesting Tentative Tract 13733 Page 13 · Individual owners shall park vehicles in garage space or on driveway area provided vehicles do not overhang the public right-of- way or sidewalk easements. e Individual owner understands that the subdivision has strict parking regulations that will be enforced by the homeowner's association. · Should an individual owner own more than two vehicles, additional vehicles shall be kept outside of the subdivision boundaries. Prior to implementation of SuCh a program, copies of the approved 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 provided 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. 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. Be The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literatur~ 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. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 14 Co 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: i · The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). · Advice to homebuyers that proposed school sites may never be constructed. Ze The Subdivider shall provide the City with a statement, signed by each tenant/homebuyer, containing a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. (1) 8.2 Subdivider shall notify all potential homebuyers of the (6) following potential liens/assessments against the (3) subdivided properties: A. Assessment District 86-2. Be City of Tustin 1982 Landscaping and Lighting District as amended. Ce Advise homebuyers of the presence of Mello-Roos Community Facility Act assessments for school facilities within the subdivision. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 15 FEES (1) 9.~ Prior to recordation of any final map, Subdivider shall (3) pay plan check and inspection fees for all public and/or (6) private infrastructure improvements within City's responsibility excluding those financed by an Assessment District. (1) 9.2 Prior to issuance of certificates of use or occupancy, (6) 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. (1) 9.3 Prior to issuance of any building permits, payment shall (3) be made of all required fees including: (6) A. Major thoroughfare and bridge fees to Tustin Public Works Department. Be Sanitary sewer connection fee to Irvine Ranch Water District. Ce Grading plan checks and permit fees to the Community Development Department. De Ail applicable Building plan check and permit fees to the Community Development Department. Ee New development fees to the Community Development Department. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. Ge Required East Tustin Fac}lity Fees as may be adjusted to reflect cost of living increases prior to issuance of building permits: 1) Civic Center Expansion Fee 2) Irvine Boulevard Widening Fee 3) Fire Protection Facility Fee Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 16 He Payment of all applicable Assessment District 86-2 reapportionment costs as required by the City Engineer. Reapportionment of acreage assessments to individual subdivided lot assessment. I · Within fortyTeight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enable the City to file the Notice of Determination required under Public Resources code Section 21151 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period that the applicant has not delivered to the Community Development Department the above- noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY :'CLERK in the amount of $850 (eight hundred fifty dollars) 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. *** 9.4 Prior to issuance~of Building permits, including grading permits., The~r~ne Company shall amend the Letter of Understanding between the City of Tustin and the Irvine Company dated March 11, 1989, with subsequent modifications and amendments dated October 21, 1991, to comply with the following conditions: A· No credit will be given to a builder for provisions of any on-site recreational facilities in conjunction With a patio home development in order to offset or discount the required payment of $3,400 per ~nit. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 17 S. The City shall collect the $3,400 per unit payment at time building.permits are issued by phase for the project. In the event that permits for all units have not been issued prior to May 1, 1995, then the remaining balance of the in lieu payment equal to $3,400 per patio home residential dwelling unit shall immediately become due and payable on May 1, 1995. Failure to make said remaining payment by May 1, 1995 will be considered late and the City shall affix an annualized.penalty fee of 15% computed on a daily basis on the unpaid balance. Ce City will commit to spend 'funds collected under this agreement for recreation facilities in Tustin Ranch but City makes no commitment as to timing of said expenditures or specific facilities to be funded. De It is mutually agreed that the in lieu payment of $3,400 per patio home residential dwelling does not constitute any precedent for any purpose other than this agreement as to the amount of any future local park fees, establishment of land value or other related issues. GENERAL (1) 10.1 Within 24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) 10.2 Prior to occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 10.3 Prior to final map approval: A. Subdivider shall submit a current title report. Exhibit A - Conditions of Approval Resolution No. 3185 Vesting Tentative Tract 13733 Page 18 Be Provision for landscaping maintenance of landscape lots, paseos and easements adjacent to project private streets shall be the responsibility of the adjoining property owners and/or Homeowner ' s Association of Tract 13733. C$ Subdivider shall submit a duplicate mylar of the Final Map, or $ 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. De Street names shall be approved by the City of TustinStreet Naming Committee. (1) ~0.4 Subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development Agreement, EIR 85-2, and applicable conditions for Final Map 12870. (1) ~0.5 The cumulative number of residential units for which (2) certificate of occupancy may be issued shall not exceed (5) the cumulative total of square feet of occupied revenue generating uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. *** ~0.6 Prior to release of building permits, all conditions of approval of Design Review 93-013 of the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3183 and incorporated herein by reference. JL:br ! iii, ! ,! iiila-.~ ~ 0 Ez Ilrl :~1 "I o . !- 0 Z ~ f '-"'"--. / i ~. ti!~ ~li ,.,,'~' _ . -' i i Z 132 Z o z.~ 'i ], ,...- n" U. JlZ ,-- zlOz olo~ C) Oc0 Z tl 'I' lUl~J UJ >- 0 Z ~w~ z LIJZ · ,r-Zn ~0°~o~ C" u Zn'<c 0 'I i; i I t, l . . ~ [i i S~11~¥A tZ~' 'i mm m_~ ,..jo Ill'l: ~_ S3I~IVA o~. 0 U tl z 0 I I · __ ~0-,$Z .LHC~3H 'r~3'~ llVII3AO / / 0 U o ...> 0 U o l~i, ltl~l I ii :[ ,ilw Z 0 0 1 2 3 4 5 6 t 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-96 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 13733 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 13733 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and' S. That the projects are 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 ~rading, 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 satisfied 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. AppliCable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant 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. 93-96 Page 2 environmental effects thereof. The mitigation measures are identified as Conditions on Exhibit A of Planning Commission Resolution No. 3185 recommending to the city Council approval of Vesting Tentative Tract 13733. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 7th day of September, 1993. JIM POTTS Mayor MARY E. WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 93-96 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 5; that the above and foregoing Resolution No. 93-96 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 7th day of September,~ 1993. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER:ABSENT: MARY E. WYNN City Clerk ccreso\93-96, j [ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 9.7 28 RESOLUTION NO. 93-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING VESTING TENTATIVE TRAdT MAP 13733 The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: a. B. C. D. E. F. G. That Vesting Tentative Tract Map 13733 was submitted to the City Council by. California Pacific Homes for consideration; That a public hearing was duly called, noticed and held for said map on August 2~, 1993 by the Planning Commission and on September 7, 1993 by the City Council; 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; That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single family detached dwellings (patio homes); The 1.1592 acres of parkland required for this development was previously dedicated with recordation of Tract 12870; That the City has reviewed the status of the School Facilities Agreements 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 impact of vesting Tentative Tract 13733 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; 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 2O 21 22 23 24 25 26 27 28 Resolution No. 93-97 Page 2 He I · That the site is physically suitable for the proposed density of development; 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; Jo K· That the design of the subdivision or the type of improvements proposed will not conflict with easement acquired by the public at large, for access through or use of th~ property within the proposed subdivision; and That the design of the subdivision or the types of improvement proposed are not likely to cause serious public health problems. II. The City Council hereby approves Vesting Tentative Tract Map 13733, subject to the conditions contained in Exhibit A of planning Commission Resolution No. 3185, incorporated herein by reference PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 7th day .of~September, 1993. JIM POTTS Mayor MARY E. WYNN City Clerk