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CC 6 T.T. MAP 14295 05-06-91
r;�e� ►,!mss � t .. i�MnIw.1Y\•�:1�:L7 DATE: TO: FROM: MAY 6, 1991 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: VESTING TENTATIVE TRACT MAP 14295 RECOMMENDATION CONSENT CALENDAR NO. 5-6-91 Inter - Com It is recommended that the City Council take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 91-61; and 2. Approve Vesting Tentative Tract Map 14295 by adopting Resolution No. 91-62, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 2899, attached hereto and incorporated herein by reference. BACKGROUND At their regular meeting on April 22, 1991, the Planning Commission adopted Resolution No. 2899, recommending to the City Council approval of Vesting Tentative Tract Map 14295, and Resolution No. 2898, approving Design Review 90-42. The proposal is to subdivide an 18.3 -acre site into 77 numbered lots and 7 lettered lots for the purpose of developing 77 single-family detached dwelling units. One of the landscape lots, Lot F, is reserved for future dedication to provide access to the Eastern Transportation Corridor. The site is bordered by Jamboree and Pioneer Roads to the east and west, Patriot Way to the south, and a proposed elementary school site to the north. Across Jamboree Road is unincorporated county area currently in agricultural production. PROJECT DESCRIPTIONISITE PLAN The East Tustin Specific Plan (ETSP) designates the project site as Low -Density Residential. The maximum allowable density for this land use designation is five dwelling units per acre, with a minimum required lot area of 5,000 -square feet per unit. The proposed density is 4.21 dwelling units per acre; all lots meet the minimum area requirement. _ City Council Report Vesting Tentative Tract Map 14295 May 6, 1991 Page 2 There are substantial exiting changes of grade between the site and the adjoining properties and roadways to the north, south and east. However, the applicant proposes only minor grading to create building pads and roadbeds. A small portion of the parcel falls within the Hillside District; however, that area was graded in conjunction with the sector -level subdivision (Tract 13627). The proposed 77 on -street parking spaces and three -car garages for each unit met requirements of the ETSP. All streets proposed will be public. ARCHITECTURE/LANDSCAPEIHARDSCAPE The architectural design of the proposed dwellings is a contemporary interpretation of the Spanish Colonial and Monterey styles. All units will have earthtone tile roofs and stucco walls. The maximum height of the proposed structures is 26.5 feet, which is within the allowable height of 35 feet. All units -are two- story, with the building mass broken up with multiple -level hip and gable roofs, projecting gables, balconies and planter boxes. The conceptual landscape plan, which generally meets requirements of the ETSP, utilizes a variety of trees, shrubs, vines and ground covers. Project entries are highlighted by Olive and Carrotwood trees. 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. ISSUES There are no outstanding issues associated with this project. Most conditions of approval are standard. Project specific conditions relate to the design of mailboxes and payment of a proportionate share of the cost of a nearby traffic signal. ENVIRONMENTAL ANALYSIS Based upon review of Vesting Tentative Tract Map 14295, as well as Environmental Impact Report 85-2 (as supplemented), it has been determined that environmental issues relating to this project have previously been addressed. Also, appropriate mitigating measures identified in EIR 85-2 are included as conditions of approval for the project. With this information in mind, it is recommended that the Commission make the finding that requirements of the California Community Development Department City Council Report Vesting Tentative Tract Map 14295 May 6, 1991 Page 3 Environmental Quality Act have been met and that no further environmental review is required. CONCLUSION Given the analysis conducted by the Community Development Department and in consideration of comments from other agencies and the public, it is concluded that 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. 2899, it is recommended that the City Council approve Vesting Tentative Tract Map 14295. Palbld Ra 'n A ociat Planner CAS:PR:nm/ftm14295 Christine A. 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Cl�i.^. I e --F---.._ +�-.� ♦� 744 L 9L o�e5 4v Q •-t 0.S • I • � � V/. all" Is I I �\\\\- X -,l\ \\Q, �\\, -1, as On� a gill -7- V 94 ." P' FAA two; �/; IN K , r-NVId 3dVOSaNVI AUVNiwn3Ud A, V7, gou'a IM %",4. t!t%; Vo AP pq iv F � WA I; M,- t P I '! P I P, W—M � luau--, qf--�am Wrlmaa C3mmc=MMM ewpii T'7 I ' OYOi6 Y)'NN�I • �Oi �NiK'wiK oW:, :Nb .1J 3NO1S4'13-J 3H1 'u"i"Was&NMOPadrYWun NVId 43 3dtl�SaadH vo�nvo 'NIlSn1 1Z9£l alH�VWQVV A»VNIWII3Ud 101 H3NVH NI1Sn.L )INVVJ adW gIj- W V �IIrIj til � l iii, J J Q 3 W 2 W S F- W H W 2 FE W a W V Z W U. 7.. 0 m. mw�gmmr_q AMC, .Mus3A 3RI RMMh,,=1- JIS3aWdJNllJ1Nf0o Li9El 21 t J MHYMCM 13QOW/HmaNLLSU 1 2 3 4 5 61 7' 8I 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91-61 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 14295 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 14295 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 certif ied on March 17, 1986 as modified by subsequently adopted supplements and addenda, was considered prior to approval of this project. The City Council hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The 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. c t 1 11 1' 1' 1: 1� 1' la 1' 1' 1� 21 2 2' 2; 2, 2, 21 2 2 Resolution No. 91-61 May 6, 1991 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. 2899 recommending approval of Tentative Tract Map 14295. PASSED AND ADOPTED by the City Council'of the City of Tustin, at a regular meeting on the 6th day of May, 1991. CHARLES E. PUCKETT Mayor MARY WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 91-61 MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of'the City Council held on the 6th day of May, 1991, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: MARY E. WYNN, City Clerk 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. 91-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 14295 TO CREATE 77 NUMBERED AND SEVEN (7) LETTERED LOTS FOR A SINGLE-FAMILY RESIDENTIAL PROJECT LOCATED ON LOTS 1, AA, BB AND CC OF TRACT 13627. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Vesting Tentative Tract Map No. 14295 was submitted to the City Council by The Fieldstone Company for consideration. B. That a public hearing was duly called, noticed and held for said map on April 22, 1991 by the Planning Commission. C. That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality "Act for the subject project area. D. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single-family dwellings. E. The .7854 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 Facilities Agreement between the Irvine Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impacts of Tentative Tract Map 14295 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed. G. That the site is physically suitable for the type of development proposed. 1 2' 3i 41 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. 91-62 Page 2 H. That the site is physically suitable for the proposed density of development. I. That the design of the.subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. J. That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public -at -large, for access through or use of the property within 'the proposed subdivision. K. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The City Council hereby approves Vesting Tentative Tract Map No. 14295 subject to the conditions contained in Exhibit A, of Planning Commission Resolution No. 2899 attached thereto and incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 6th day of May, 1991. MARY WYNN City Clerk CHARLES E. PUCKETT Mayor L c f V 1' 1' 1: 1i 1� 11 1'. 1' V 21 2' 2' 2; 2, 2 21 2 2 Resolution No. 91-62 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 91-62 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 . f ive'; that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council held on the 6th day of May, 1991, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: MARY E. WYNN, City Clerk 1 3 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. 2899 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 14295 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. 14295 was submitted to the Planning Commission by The Fieldstone Company, for consideration. B. That a public hearing was duly called, noticed and held for said map on April 22, 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 California Environmental Quality Act for the subject project area. - D. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act. as it pertains to the development of single family detached dwellings. E. The .7854 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 Facilities Agreement between the Irvine Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the. impacts of Vesting Tentative Tract 14295 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. c E c It 1: 1` 1' l� 1� 11 1' 1) it 1' 21 2'. 24 2; 2, 2 2 2' 2 Resolution No. 2899 Page 2 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. I. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. J. That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public -at - large, for access through or use of the property within the proposed subdivision. K. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map No. 14295 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of April, 1991. C;� KATHLEEN CLANCY, Secretary 1 3 4 5 G 8 9 1 �) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2899 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I. KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2899 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of April, 1991. KATHLEEN - C Recording Secretary homeowner's association) N. Undergrounding of existing and proposed utility distribution lines 0. Lot monumentation P. Fire hydrants Q. Bus stops and other facilities such as bus shelters and benches (1) The amount of acceptable security for construction of public (6) 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 VESTING TENTATIVE TRACT MAP 14295 RESOLUTION NO. 2899 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 1.1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and construct or post security guaranteeing (3) construction of all public and/or private, infrastructure (6) improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: A. Curb and gutter/cross gutters B. Sidewalks including access facilities for physically handicapped persons C. Drive aprons/approach D. Street paving E. Street signing and paving F. Landscaping/irrigation facilities G. Sanitary sewer service facilities H. Domestic water service facilities I. Reclaimed water service facilities J.* Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities) K. Traffic signal systems and other traffic control _ devices L. Street and paseo lighting M. Storm drains and subdrains (* The private storm drain facilities within this tract will be maintained by homeowner's association) N. Undergrounding of existing and proposed utility distribution lines 0. Lot monumentation P. Fire hydrants Q. Bus stops and other facilities such as bus shelters and benches (1) The amount of acceptable security for construction of public (6) 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 Resolution No. 2899 Page 2 (1) 1.2 All construction within a public right-of-way and/or public easement must be shown on a separate 24" X 36" plan with all construction referenced to applicable City, County, or Irvine Ranch Water District standard drawing numbers. (1) 1.3 All changes in existing curbs, gutters, sidewalks and other (6) public improvements shall be responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: (2) (6) A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. B. A domestic water system must be to the standards of the Irvine Ranch Water District/City of Tustin Water Service, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire 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 permit issuance. (1) 1.5 Proposed streets shall be designed to the (5) following specifications: (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. B. All streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used. Exhibit A Resolution No. 2899 Page 3 C. 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 subject to condition 7.1 P. of this Exhibit. D. Parking shall only. be permitted on streets as approved by the Police and Fire Departments. Signage and red curbing shall be installed where appropriate. E. Street names are subject to approval of the Tustin Street Naming Committee and Community Development Department. (1) 1.6 Streets, storm drain, water and sewer improvement plans (6) shall comply with the "City of Tustin" Minimum Design (8) Standards for On-site Street and Storm Drain Improvements. (5) 1.7 A traffic signal is required at the intersection of Patriot Way and Pioneer Road. The subdivision shall be responsible for 25 percent of the cost of that signal. DEDICATIONS/RESERVATIONS/EASEMENTS (1) 2.1 The subdivider shall satisfy dedication and/or reservation (2) requirements as applicable, including but not limited to (5) dedication of all required street and flood control (6) right-of-way easements, vehicular access rights, sewer (8) 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 post (2) with the Community Development Department a minimum $2,500 (6) cash deposit or letter of credit to guarantee the Sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City appearance of public streets, an additional incremental deposit will be required. (1) 3.2 Any damage done to existing street improvements and utilities (6) 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. Exhibit A Resolution No. 2899 Page 4 (1) 3.3 Prior to any work in the public right-of-way, an Excavation Permit must be obtained from and applicable fees paid to the Public Works Department. GRADING/GENERAL (1) 4.1 Prior to issuance of grading permits: (2) (6) A. A detailed soils engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable State and local laws, regulations and requirements. B. Preparation and submittal of a grading plan subject to approval by the Department of Community Development delineating the following information: 1. Methods of drainage in accordance. with all applicable City standards. 2. All recommendations submitted by geotechnical or soils engineer and specifically approved by them. 3. Compliance with conceptual grading shown on tentative tract map. 4. A drainage plan and necessary support documents such as hydrology calculations to comply with the following requirements: a. Provision of drainage facilities to remove any flood hazard to the satisfaction of the • City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow and ponding across lot lines. C. Provision of drainage facilities to protect the lots from any high velocity scouring action. d. Provision for tributary drainage' from adjoining properties. 5. All flood hazard areas of record. 6. A note shall be placed on the grading plan _ Exhibit A Resolution No. 2899 Page 5 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 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. IAll "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. 8. 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. C. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. (1) 4.2 All earthwork shall be performed in accordance with the City (3) 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. (5) 5.2 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 Exhibit A Resolution No. 2899 Page 6 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 the number of dwelling units served. (5 ) 5.4 Prior to the issuance of any certificates of use and occupancy, all street(s) having a curb -to -curb width of less than 36 feet shall be red curbed and posted "No Parking --Fire Lane" as per 1988 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief, or shall be widened to provide 30 feet of travelway, curb -to -curb, within a 48 -foot right-of-way, in a manner meeting the approval of the Manager, Subdivision Division. 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. All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dBa CNEL in outdoor 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 Occupancy, (3) field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (1) 6.3 All construction operations including engine warm up shall be _ Exhibit A Resolution No. 2899 Page 7 (9) 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. CC&R's (1) 7.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, (8) covenants, conditions, and restrictions shall be Submitted to (9) 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 provision:s in which the City has interest, as reflected by the following B through N. 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, walls and fences and paseos. D. Membership in any Homeowner's Association and Master 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. Exhibit A Resolution No. 2899 Page 8 F. Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: (1) All common area landscaping and private lawn areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. All planted areas other than lawns shall be free of weeds, dead vegetation and debris. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. (2) 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. G. Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&R' s . All plans submitted to the City shall bear the Association's stamp and authorized signature of approval. H. Residents shall not store or park any non -motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking or driveway area except for purpose of loading, unloading, Exhibit A Resolution No. 2899 Page 9 making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. I. All utility services serving the site shall be installed and maintained underground. J. 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. K. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. - L. 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. M. 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. N. Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the three 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. Exhibit A Resolution No. 2899 Page 10 O. Maintenance of all manufactured slopes on individual lots shall be the responsibility of the individual property owners. TENANT/HOMEBUYER NOTIFICATION (1) 8.1 Prior to issuance of Certificate of Occupancy: (2) A. A document separate from the deed, which will be an information notice to future. tenants/homebuyers of aircraft noise impacting the subdivision, shall be recorded. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. B. The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literature for the residential project with the approved aircraft/ helicopter noise statement and the approved schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. C. The subdivider shall provide the City with a copy of the approved aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. D. The developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicate: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). (2) Advice to homebuyers that proposed school sites may never be constructed. Exhibit A Resolution No. 2899 Page 11 E. The Subdivider shall provide the City with a statement, signed by each tenant/homebuyer, containing a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. (1) 8.2 Subdivider shall notify all potential homebuyers of the (6) following Assessment/Maintenance Districts affecting the property: A. Assessment District 86-2 B. City of Tustin 1982 Landscaping and Lighting District as amended. FEES (1) 9.1 Prior to recordation of any final map, Subdivider- shall pay (3) plan check and inspection fees for all public and/or private (6) infrastructure improvements within City's responsibility (9) excluding those financed by an Assessment District. (1) 9.2 Prior to issuance of certificates of use or occupancy, the (6) 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 be (3) made of all required fees including: (6) (9) A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C. Grading plan checks and permit fees to the Community Development Department. D. All applicable Building plan check and permit fees to the Community Development Department. E. New development fees to the Community Development Department. .Exhibit A solution No. 2899 age 12 F. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. G. Required East Tustin Facility Fees as may be adjusted to reflect cost of living increases prior to issuance of building permits: 1) Civic Center Expansion Fee 2) Irvine Boulevard Widening Fee 3) Fire Protection Facility Fee H. Within forty-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 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. 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. 10.2 Prior to occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. Rxhibit A solution No. 2899 _ .tge 13 (1) 10.3 Prior to final map approval. A. Subdivider shall submit a current title report. B. Provision for landscaping maintenance of landscape lots, paseos and easements adjacent to project private streets shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 14295. C. Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance. (1) 10.4 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 13627. 0 ) 10.5 The cumulative number of residential units for which certificate of occupancy may be issued shall not exceed the ,�) cumulative total of square feet of occupied revenue generating (2 ) uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. 10.6 Prior to release of building permits, all conditions of approval of Design Review 90-42 of the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 2898 and incorporated herein by reference. However, applicant will be permitted to obtain building permits for model unit construction prior to approval of Final Map 14295 provided all Building Code requirements have been met including Public Works, Fire Department and Community Development Department requirements and approvals. P 17