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CC 4 T.T. MAP 14499 11-18-91
r . A// - 9/ CONSENT CALENDAR NO. 11-18-91 JE: NOVEMBER 18, 1991 rite T1 TO: WILLIAM A. HUSTON, CITY MANAGER F R COMMUNITY DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT MAP 14499 RECOMMENDATION It is recommended that the City Council take the followingactions: ns: 1. Approve the Environmental Determination for thero'ect adopting Resolution No. 91-149; and p by 2. Approve Vesting Tentative Tract Map 14499 by a Resolution No. 91-148, subject to the conditions containedlng in Exhibit A of .Planning Commission Resolution No. 2965 att hereto and incorporated herein by reference. ached BACKGROUND At their regular meeting, on Octolber 28, 1991, the Planning Commission adopted Resolution No. 2 65, 1991,to the Council approval of Vesting Tenttive Tract Ma recommending 144 City Resolution No. 2964, approving Design Review 91-21.p Th 99' and is to subdivide a 12.42 -acre site into ten numbered lot proposal lettered lots for the purpose Of developing 210 s atter six condominium dwelling units. ached The site is. bordered by Jamboree and,Pioneer Roads to the east west, respectively; proposed residetial development is and north and south. Across Jamboree Road is unincor orate to the land currently in agricultural production. p d county PROJECT DES :RI PTI)NJ 31TE PLAN The East Tustin Specific Plan (ETSP) designates the Medium Density Residential. The maximum allowable density forte as land use designation is 18 dwelling units per acre; the ro this density is 16.9 dwelling units P posed less than the maximum allowable.er acre, approximately six percent The site is comprised of a residential lot created by Tract 13 the master tract map for Phase IV of the East Tustin development.627,stin It is bounded on each end by a landscape lot with an existing sting City Council Report Vesting Tentative Tract Map 14499 November 18, 1991 Page 2 eucalyptus tree windrow. The landscape lots are to be used as green -belt areas with pedestrian access restricted. Concept plans for Tustin Ranch show that future locations of all bus stops in the vicinity are along Jamboree Road. Foot traffic from the project will reach proposed bus stops from aedestrian ,accessway located at the southeast boundary of the site. n Covered parking, permanently assigned to residents 220 one -car attached garages and 164 detached carports.prGuestd by d additional resident parking is provided by 74 open and unassigned spacespoint, distributed throughout the site. An emergency access providing ingress andegress to Pioneer Road, is located south of the main project entrance. to the Only minor grading is proposed to create building pads and roadbeds. Nevertheless those yi construction of retaining walls ranging dnfferences will require feet. Such walls are primarily located on the ht perimeter from one to six site, adjacent to Jamboree, and Pioneer Roads ad of the windrows. the existing ARCHITECTUR SCAPEf Tx -Ar APE The architectural design of the proposed dwellings is contemporary interpretation of the Spanish Colonial and Monterey styles. All units will have earthtone tile roofs and stucco walls.y The maximum height of the proposed structures is a feet, which is within the allowable height of 40 feet. 38 building mass of the structures is broken up with multiple - The hip and gable roofs, projectingP level and wood trellises and shuttergables, balconies, planter boxes Two building types are proposed. Building T has different individual unit floor plan, with ten units 1 er buil e 100 five Building Type 200 utilizes three different unit floor plans ding. total of six units per building. There are 18 T P for a Type 200 buildings throughout the development. The units, fnd ive from 1,028- to 11372 -square feet ' Include townhouses (two story units with the first floor at ground level)stack carriage units. Please refer to AttachmentA for ae st tisflatand summary of the project. atistical One of the proposed units, Plan 1, contains one bedroom, a bathroo and a 10- by 15 -foot loft area. Since one bedroom unit m less parking than two-bedroom units, s require ond Approval prohibit the applicant from marketing the Plan 1tions 1 unit of as City Council Report Vesting Tentative Tract Map 14499 November 18, 1991 Page 3 a two-bedroom dwelling and require the CC&R's to restrict converting the loft to a permanent: bedroom or sleeping area. The conceptual landscape plan, which generally meets requirements of the ETSP, utilizes variety of trees, shrubs, vines and ground covers. A mix of pines and eucalyptus are used throughout the site; proposed shrubbery include Agapanthus, Pittosporum and Xylosma. However, the plan is illustrative; actual quantities, species and locations of plant materials will be determined during the building permit plan check. All perimeter walls are in accordance with standard details approved under the sector -level tract. ENVIRONMENTAL ANALYSIS Based upon review of Vesting Tentative Tract Map 14499, 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 include4 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. CONCLUSION Given the analysis conducted by the Community Development Department and in consideration of comments from other agencies and the public, it is condluded 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. City Council Report Vesting Tentative Tract Map 14499 November 18, 1991 Page 4 With the inclusion of conditions of approval liste Commission Resolution No. 2965 i d in Planning � is recommended that the. City Council approve Vesting Tentative 'bract Map 14499. r *Ula n 1 Associa a Planner CAS:PR:nm/fW14499 C rl tine A. Shin on Assistant City Man ger Community Development Department Attachments: Site Plan Elevations Planning Commission ]Resolution No. 2965 Resolution Nos. 91-149 & 91-148 ATTACHMENT A Statistical; Summary Vesting Tentative Tract Ma 14499• DR Map , 91-21 ° Resident (open & unassigned) ° Guest Unit Requirement Proposed Gross Site Area N/A ° Residential -(Numbered Lots) N/A 12.42 acres ° Open Space (Lettered Lots) N/A 10.37 2.02 acres ° Public Street Entry Area N/A (TOWNHOUSE) acres (CARRIAGE) .03 acres Total Units N/A 210 units Density 18 du/ac (gross) 16.9 du/ac (gross) Open Space 400 sf/du 1,125 sf/du Building Setbacks • ° Private Streets 10 ° Private Drives feet minimum 10 feet minimum 5 feet minimum 5 feet minimum between structures __Distance C Principal 10 ° Accessory 5 feet minimum feet minimum 10 feet minimum 5 feet minimum Height 40 feet maximum 38.083 feet maximum Parking ° Resident 455 Spaces 458 spaces (covered & assigned) 384 spaces Attached 1 -car garages 220 spaces Detached carports 164 spaces 384 spaces ° Resident (open & unassigned) ° Guest Unit Floor Plans 11028 1 1 (CARRIAGE) 2 (FLAT) 3 ( FLAT ) 4 (CARRIAGE) 5 (TOWNHOUSE) 6 (CARRIAGE) PR: nm 18 spaces 53 spaces Bq. Ft. Plan Type 11028 1 br/1 ba/loft 1,049 2 br/2 ba 1,195 2 br/2. ba 1,259 2 br/2 ba 1j,281 2 br/2 i ba 1,372 2 br/2 ba 18 spaces 56 spaces Quantity Percentage 36 17.1 46 21.9 46 21.9 36 17.1 36 17.1 10 4.76 a � 111 N:f�•��f IV& OC0 it F -r '' �1 U l t ti � • ,I pit fit �1�! lit ! lit OIL t=+ rte e w --- t 111i - t . -- m L MIS WNFAINEWMENOW A11111h, Cali A OAF &WqWA=WdrW OAMMMMW1"Pw�' 12- 5 lip "Mob" WM m loom, It -zi WIPSWig 11w'.7 XV L ip I Ar am Qa Alp ftw rse. t v ise ilk ;q W1 ITS IN Wj ;LiN ? oil FA ! �A F �i KF I k, W I M i 174-1 i I ME11w—M j • l i a J U a V F tL� LL I 1 712 * UP 1-11T ITI ,•-1 • __.- --- --�_- ti-- _ _ - -4 • '0!! -fes-� - IT 7 _?lo kGGNOld e I vr CY) u z 04; WN 2, IT # t Ir < 0) Oki k Jewory no Waal z Ir— to ag g.. a SM; ap now - cr�u7Y ITS of2 - ax W lop SIMI kill LLJ < Ei t -.v _j Way all -Age 0LL U) QX'= ig 1i jjjc* flu rM — -i ca. jz -C IE fif I z < io !ars I vr 04; WN 2, IT # JIM 0) Oki k Jewory no Waal Mai of mmm an m SM; ap now - j 74 lop kill _j Way all -Age flu rM U ` Z sP 3� Q Aug LL < ! z x 0 1929 : l'8 W s 4 �- W , r vim 460 .: i•s IJK � If f= C p lit t == t W (r Q _Z Q- Gw W i U ir x U �+ • W C4Z Zp" �� -a InIf;. am. - In `�, e 11 n Q O W cr U W cr ,I\ U � ` !lax a Allo is of xW U z � � a " ` (_� _� < y J w w W W jP C^ F- C < r t i x � a U C ZI oil Mvf F'+ U 8-.i i$ ice= I «.. 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L1-0 ,�. ...I. a�' t.'. a qw IL t.;.�.a I�'a1 .11 7'•�.'71' 411 IW Flit t:,.,aV.. rte... ..•.....d Iff NEIaacr•���ar.t..r1. All x M� za <co N a�- x i❑ 3 k V i � O s O ��•11 - • -A��4 n 0 < { 0 0 N w fitH 0 E"{ z Q �) J x x c� Z z � Q a O z U '~ z H w c� N x 3 z c a O rA x jo x 0 0 0 0 i® x x A C m eG u 4 } z d - O 1© m a F t O z � O fig E-_� 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. 91-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 14499 TO CREATE TEN NUMBERED AND SIX (6) LETTERED LOTS FOR AN ATTACHED CONDOMINIUM DWELLING PROJECT LOCATED ON LOTS 4, R AND S OF TRACT 13627. The City Council of the City of Tustin does hereby resolve follows: I. The City Council finds and determines as follows: A. That VestingTentative Tract Map No. 14499 submitted to the City Council by the Bren Col for consideration. B. That a public 'hearing was duly called, noticed held for said map on October 28 1991 by Planning Commission. C. That an Environmental Impact Report (EIR 85-2 f the East Tustin Specific Plan) has been certifi in conformance with the requirements of t, California Environmental Quality Act for t; subject project area. D. That the proposed subdivision is in conformanc withthe Tust*n Area General Plan, adopted Eas Tustin Specific Plan, Development Agreement an Subdivision Map Act as it pertains to th development of attached condominium dwellings. E. The 1.386 acmes of parkland required for thi development was previously dedicated wit recordation of Tract 13627. F. That the City bas reviewed the status of the Schoo Facilities Agreement between the Irvine Company ani the Tustin Unified School District, the East Tusti: Specific Plan, EIR 85-2 with subsequently adoptee supplements and addenda, the impacts of Tentative Tract Map 144991 on School District facilities, ani reviewed changes in State law, and finds an( determines that the impacts on School Districi facilities by approval of this map are adequateli addressed. G. That the site is physically suitable for the of development proposed. 2 3 9 5 6 7 8 9 10 11 12 13 14 15 iG 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 91-148 Page 2 H. That the site is physically suitable for th proposed dens*ty of development. I. That the design of the subdivision or the propose improvements oLre not likely to cause substantia environmental damage or substantially and avoidabl injure fish or! wildlife in their habitat. J. That the design of the subdivision or the type o improvements ,proposed will not conflict wit; easements acg4ired by the public -at -large, fo: access through or use of the property within thi proposed subdivision. K. That the design of the subdivision or the types o: improvements 'Proposed are not likely .to caus4 serious public health problems. II. The City Council hereby approves Vesting Tentative Traci Map No. 14499 subject to the conditions contained ii Exhibit A, of PlanOing Commission Resolution No. 296.' attached thereto and incorporated herein by reference. PASSED AND ADOPTED at a -regular meeting of the Tustin Cit Council held on the 18th day of November, 1991. MARY WYNN City Clerk CHARLES E. PUCKETT Mayor 10 ]7 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 RESOLUTION NO. 91-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EXR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTF$D SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 14499 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS RtQUIRED 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 14499 and respective development plans are considered "projects" 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 pr6ject. The City Council hereby finds: this prof eot is within the scope of the East Tustin Specifics Plan previously approved; the effects of this project, relating to gradin a circulation g, drainage, , 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 City Council has found that the project involves no potential for any adverse effect, either individually or cumulatively, on wild life resources and makes a De Minimis Impact Finding related to AB 3158, Chapter 1206, Statutes of 1990. Therefore, the Final EIR, is determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of the California Environmental Quality Act. 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. 91-149 Page 2 Applicable measures identified in the Final EIR have been incorporated into this project which mitigate any potential significant environmental effects thereof. The mitigation measures are identified as Conditions of Planning Commission Resolution No. 2065 recommending approval of Tentative Tract Map 14499. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 18th day of November, 1991. CHARLES E. PUCKETT Mayor MARY WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUITION NO. 91-149 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 Tuistin is five; that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council held on the 18th day of November,, 1991, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PR:rm MARY E. WYNN, City Clerk s 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2965 A RESOLUTION OF THE ',PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO, 14499. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Vesting Tentative Tract Map No. 14499 was submitted to the Planning Commission by The Bren Company for consideration. B. That a public hlearing was duly called, noticed and held for said map on October 28, 1991. 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 Califorhia Environmental Quality Act for the subject project area. D. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tuttin Specif is Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single family dwellings. E. The 1.3860 acres of parkland required for this development was previously dedicated with recordation of Tract 13627. F. That the City has reviewed the status of the School FacilitiOs 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 14499 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. H. That the site is physically suitable for the proposed density of development. 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 i 26 27 28 Resolution No. 2965 Page 2 I. That the design of the subdivision or the propose improvements are not likely to cause substantia environmental damage or substantially and avoidabl injure fish or wildlife in their habitat. J. That the design of the subdivision or the type o improvements proposed will not conflict wit easements acquired by the public -at -large, fo access through or use of the property within th proposed subdivision. K. That the design of the subdivision or the types o improvements proposed are not likely to caus serious public health problems. II. The Planning Commission hereby recommends to the Cit Council approval of Jesting Tentative Tract Map No. 144.9 subject to the conditions attached hereto as Exhibit A PASSED AND ADOPTED at a regular meeting of the Tustin Plannin Commission, held on the 28th day of October, 1991. '-ALDEN 4. BAKER Chairman KATHLEEN CLANCY Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I. KATHLEEN CLANCY, the undersigned, hereby certify that I a the Recording Secretary of the Planning Commission of the Cit of Tustin, California; that Resolution No. 2965 was dul passed and adopted at a regular meeting of the Tustin Plannin Commission, held on the 28th day of October, 1991. KATHLEEN CLANCY Recording Secreta EXIHIBI#T A VESTING TENTATIVE TRACT MAP 14499 RESOLUTION $ATO. 2965 CONDITIONS OF APPROVAL GENERAL (1) 1.1 within 24 months from tentative map approval, the Subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) 1.2 Prior to release of building permits, all conditions of approval of Design Review 91-21 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 2964 and incorporated herein by reference. However, the applicant will be permitted to obtain building permits for model home construction prior to approval of a final map provided approvals have been obtained from the Community Development, Public Works and Fire Departments. (1) 1.3 Subdivider shall conform to all applicable requirements (2) of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development Agreement, EIR 85-21 and applicable conditions for Final Map 13627. (1) 1.4 The cumulative number of residential units for which (2) certificate of occupancy 'may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 2.1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and construct or post security (3) guaranteeing construction of all public and/or private (6) infrastructure improvements within the boundary of said SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 2965 Page 2 tract map in conformance with applicable City standards, including but not limited to the following: A. Curb and gutter/cross gutters B. Sidewalks including access facilities for physically handicapped persons C. Drive aprons/approach D. Street paving E. Street signing F. Landscaping/irrigation facilities G. Sanitary sewer service facilities H. Domestic water service facilities I. Reclaimed water service facilities J. Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities) K. Traffic signal systems and other traffic control devices L. Street and paseo lighting M. Storm drains and subdrains, the storm drain facilities within this tract will be private drains to be maintained by the Homeowner's Association. N. ergroundingof existing and proposed utility distribution lines O. Lot monumentation P. Fire hydrants Q. Bus stops and other facilities, such as bus shelters and benches (1) 2.2 The amount of acceptable security for construction of (5) public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building ''Official. (1) 2.3 All construction within a public right-of-way and/or (5) public easeftlent 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. (1) 2.4 All changes in existing curbs, gutters, sidewalks (5) and other public improvements shall be responsibility of subdivider. (1) 2.5 Preparation of plans for and construction of: (2) (5) A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering Exhibit A Resolution No. 2965 Page 3 agency. These facilities shall include a gravity f low system per standards of the Irvine Ranch Water District. B. A domestic water ,system must be designed and installed to the standards of the Irvine Ranch Water District or City of Tustin Water Department, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design.and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall,also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall '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 pormit issuance. (1) 2.6 Proposed private streets shall be designed to the (5) following specifications; (6) A. All proposed streets and drives shall be designed -in substantially the same width and alignment as shown on the approved vesting tentative map Unless modified and approved by the Directors of Community Development and Public Works. B. All private streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used. C. Placement of all above -ground facilities, such as signs, street lights and fire hydrants shall be behind the sidewalk when said sidewalks are constructed adjacent to the curb within the street right-of-way. Sidewalks shall flare to provide a minimum five-foot Exhibit A Resolution No. 2965 Page 4 clear width around all above -ground facilities. D. The developer shall install "Keep Right" signs in the center median at the main entry, per City Standards. E. The developer shall install a sign at the main entry reading ONo parking at any time, except in designated Oreas and or stalls within the complex". F. Prior to recordation of final map, the proposed street names shall be reviewed and approved by the! Tustin Street Naming Committee and Community Development Department. (1) 2.7 Private streets, storm drain, water and sewer improvement plans shall comply with the "City of Tustin Minimum Design Standards for On"Site Private Street and Storm Drain Improvements". (1) 2.8 Existing sewer, domestic dater, reclaimed water and storm drain service laterals shall be utilized. DEDICATIONS/RESERVATIONSfEASEMENTS (1) 3.1 The subdivider shall satisfy dedication and/or (2) reservation requirements *s applicable, including but not (5) limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other agencies. CONSTRUCTION ACTIVITIES ADJACZNT TO PUBLIC RIGHT-OF-WAY (1) 4.1 Prior to recordation of the final map, subdivider shall (2) post with the Community Development Department a minimum (5) $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities In the event this deposit is depleted prior to completion of development or City appearance of public streets, an additional incremental deposit will be required. (1) 4.2 Any damage done to existing street improvements and, Exhibit A Resolution No. 2965 Page 5 (5) utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any p4rcel within the subdivision. (1) 4.3 Prior to any work in the public right-of-way, an Excavation Permit must be obtained from and applicable fees paid to the Public Works Department. GRADING-IGENERAL (1) 5.1 Prior to issuance of grading permits: (2) (5) A. A detailed soils engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City grading requirements, and all other applicable State and local laws, regulations and requirements. B. Preparation and submittal of a grading plan subject to approval of the Department of Community Development delineating the following information: 1. Methods of drainage in accordance with all applicable City standards. 2. All recommendations submitted by geotechnical or soils engine$r and specifically approved by them. 3. Compliance with conceptual grading shown on 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. Exhibit A Resolution No. 2965 Page 6 C. Provision of drainage facilities to protect the lots from any high velocity scouring action. d. Provisionfor 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 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. 7. Note onlans that a qualified paleontologist/archaeologist, as appropriate shall be present during rough grading operations. I!f resources shall be excavated or preserved as deemed appropriate or as - r e c o m m e n d e d b y t h e paleontologist/ archaeologist subject to review and approval bytthe Department of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/archaeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. 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. (1) 5.2 All earthwork shall be performed in accordance with the (3) City of Tustin Municipal codes and grading requirements. Exhibit A Resolution No. 2965 Page 7 FIRE DEPARTMENT (1) 6.1 Prior to recordation of 4 final tract/parcel map, water (5) 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 mire hydrants will be evaluated in standards a con with Insurance nce Services Office suggested contained in the Grading Schedule" for Municipal Fire Protection. (1) 6.2 Prior to issuance of any building permits for combustible (5) 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 required fire --flow prior to commencing construction with combustible materials. (1) 6.3 Prior to the recordation of a final tract/parcel map, (5) fire protection access easement shall be approved by the 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. (1) 6.4 Prior to the issuance of any building permits, a (5) 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 the number of dwelling units served. (1) 6.5 Prior to issuance of any building permits, plans for an ( 5) automatic fire extinguishing system where required shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. All structures shall be equipped with an automatic fire sprinkler system. 1) 6.6 Prior to the issuance of any building permits, plans for (5) any controlled entry access 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 will have an impact on emergency vehicle response times. Exhibit A Resolution No. 2965 Page 8 (1) 6.7 Prior to the issuance of any certificates of use and (5) occupancy, the private streets shall be red curbed and posted "No Parking - Fire Lane" as per 1985 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. (1) 6.8 Prior to the issuance of any certificates of use and (5) occupancy, all fire hydrants shall have a "Blue 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. NOISE (1) 7.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical (analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis 'shall be prepared by an expert or authority in the field of acoustics. All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the hum of all noise impacting the project, so as not to exceed an exterior standard 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. B. Due to the projec't's close proximity to the Browning Corridor, said study shall provide information on single event noise measurements as generated by helicopter flyovers for information purposes only. Exhibit A Resolution No. 2965 Page 9 (1) 7.2 Prior to issuance of any Certificates of Use or (2) Occupancy, field testing in accordance with the Title 25 (3) regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (1) 7.3 All construction operations including engine warmup 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 hours the Building Official may determine -are 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&RIS (1) 8.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after 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 CSC&R's for enforcement purposes of those CC&R provisions in which the City has interest, as reflected by the following B through S. 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, private parks, walls and fences, private roadways (i.e., walks, sidewalks, trails) and paseos. Exhibit A Resolution No. 2965 Page 10 D. Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. 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 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.. All planted areas other th*n 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 prunod 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. 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. In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times. 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 Exhibit A Resolution No. 2965 Page 11 such as to be detrimental to public health, safety, or general welfare or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property may also be added as alternative language. 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. H. Residents shall not Store or park any non -motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, q feet wide and 19 feet long in any parking, driveway or private street area except purpose urpose of loading, unloading, making deliveries -or emergency repairs except that the Homeowner's Associ.altion may adopt rules and regulations to authorize exceptions. There shall be no parking of any kind on driveways that are less than 19 feet in length. I. A total of 384 parking spaces shall be permanently and irrevocably covered and assigned to individual condominium units at rates of one covered parking space per each one -bedroom dwelling unit and two covered parking spaces per each two-bedroom dwelling unit. An additional 18 open and unassigned resident spaces shall also be permanently provided. Fifty-three (53) guest parking spaces shall be established and maintained within the common area and shall be marked and 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. -- Exhibit A Resolution No. 2965 Page 12 K. All utility services serving the site shall be installed and maintained underground. L. 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. M. Disclosure information related to aircraft noise impacting the subdivrision, as approved by the City of Tustin Commun.ity'Development Department. N. The.. Association shall be responsible for establishing and following procedures for providing entry gate access to the public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. O. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall' (include if the wall is located' on private property) or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without tho prior written approval of the City of Tustin Community Development Department. P. The CC&R's shall include provisions to prohibit parking on driveways less than 19 feet in length to ensure that clear pedestrian and street access is maintained. Said restriction shall identify each affected unit by unit -number. In addition deed restrictions for etch affected unit shall be recorded to ensure notification of all future owners. Q. Maintenance of all landscaped areas adjacent to Pioneer Road shall be by the Homeowners Association. Maintenance of all landscaped areas adjacent to Jamboree Road shall be by the Tustin Exhibit A Resolution No. 2965 Page 13 Lighting and Landscape Maintenance District. R. Disclosure to all future homeowners and purchasers of property that Surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner's (s') unit, and that the City of Tustin makes no claim, warranty or guarantee that views from aty unit will be preserved as development of surrounding properties occurs. S. The developer shall notify all buyers of one - bedroom units that the loft area shall not be converted to a permanent bedroom/sleeping area. TENANT/HOMEBUYER NOTIFICATION (1) 9.1 Prior to issuance of certificate of Occupancy: A. A document separate from the deed shall be prepared which will be an information notice to future tenants/homebuyers Of aircraft noise impacting the subdivision. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made' aso 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. Exhibit A Resolution No. 2965 Page 14 D. The developer shall ',provide the City with a schools notification statemOnt which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicato: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). (2) Advice to homebuyers that proposed school sites may never be constructed. E. The Subdivider shall provide the City with a statement which must be, signed by each tenant/homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. (1) 9.2 Subdivider shall notify all potential homebuyers of the (5) following Assessment/Maintenance Districts affecting the property: A. Assessment District No. 86-2. B. City' of Tustin 19182 Landscaping and Lighting District as amended. FEES (1) 10.1 Prior to recordation of any final map, Subdivider shall pay plan check and inspection fees for all public and/or private infrastructure improvements within City's (9) responsibility excluding those financed by an Assessment District. (1) 10.2 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 as identified in Condition No. 9.2. 1) 10.3 Prior to recordation of the final map, the Subdivider shall pay all costs related to the calculation of the Exhibit A Resolution No. 2965 Page 15 revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to any Assessment District No. 86-2. (1) 10.4 Prior to issuance of any building permits, payment shall be made of all required Mees including: A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer Coninection fee to Orange County Sanitation District. C. Grading plan checks and permit fees to the Community Developmeft Department. D. All applicable Building plan check and permit fees to the Community De*elopment Department. E. New development fees to the Community Development Department. F. School facilities foe 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 building permits: 1) Civic Center Expansion Fee 2) Irvine Boulevard Widening Fee 3) Fire Protection Facility Fee H. Within forth -eight (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, the applicant has not delivered to the Community Devlelopment.Department the above - noted check, the approval for the project granted Exhibit A Resolution No. 2965 Page 16 herein shall be considered automatically null and void. In addition, shouldl 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 C9mmunity Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK lin 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. PR: nm