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HomeMy WebLinkAboutCC 17 T.T. MAP 13786 02-05-90GATE: FEBRUARY 51 1990 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: VESTING TENTATIVE TRACT MAP 13786 RECOMMENDATION 4 CONSENT CALENDAR NO. 17 2-5-90' Inter - Com It is recommended that the City Council: 1) Approve the Environmental Determination for the project by adopting Resolution No. 90-13; 2) Approve Vesting Tentative Tract Map 13786 as recommended by the Planning Commission by adopting Resolution No. 90-12. BACKGROUND At their regular meeting on December 11, 1989, the Planning Commission adopted Resolution No. 2723 (attached), recommending to the City Council approval_of Vesting Tentative Tract Map 13786. Vesting Tentative Tract Map 13786 proposes to subdivide a 13.69 acre site into 3 numbered and 2 lettered lots for landscape, private street, and recreation purposes, permitting the development of a 306 unit multi -family apartment project. The tract map facilitates financing of the project and would permit the applicant to convert the apartments to condominiums at a future date. In conjunction with the proposed project, the Planning Commission also approved Use Permit 89-13 authorizing initial construction and occupancy of the project as apartments, and Design Review 89-42 approving the specific site plan and architectural design of the project. Since the project's site plan and tentative tract map reflect reconfigured property lines that are proposed within the second amendment to Final Tract Map 12870; both the Planning Commission's and the City Council's approvals are subject to the approval of said amendment. The Final Map Amendment is scheduled for simultaneous approval with the subject project at the February 5th City Council meeting. Located in Sector 7 of the East Tustin Specific Plan, the proposed project is bordered by future Champion Way on the south, a future Community Park site on the north, future Jamboree Road on the east City Council VTT 13786 February 5, Page 2 Report 1990 and the Tustin Ranch Golf Course to the west. Anticipated and/or existing development in the vicinity of the project includes a general commercial/retail development to the north beyond the community park site. The property to the east across Jamboree Road is unincorporated and unimproved. Submitted development plans for the project propose 17 three-story apartment buildings on a 13.69 acre parcel. The project site is designated with the Medium High Density Residential land use category which permits up to 25 dwelling units per acre. Actual proposed density -for the project is 22.4 dwelling units per acre. The proposed project is required to comply with the Multi- Family/Condominium development standards of the ETSP. The proposed private (presently public) street, Champion Way, provides access from the south end of the subject project to Jamboree Road. This access shall be shared with proposed Tract 13824 as described in a separate report regarding the second amendment to Final Tract Map 12870. Champion Way would include 27 foot minimum ingress and egress widths, sidewalks, parking planters and a landscape median. One major ingress/egress point measuring 54 feet wide is proposed for the project from Champion Way. The internal circulation system consists of a circular primary loop or private street that runs around the center of Lot 22, a secondary private drive loop that runs through the east side of the project and a series of smaller private drives which form private courts. Most guest parking is located on or adjacent to the main loop as parallel and perpendicular parking spaces, while the private courts provide all open, carport, and garage spaces that serve the project's residents. A total of 570 parking spaces are provided which includes, at this time, 272 garage spaces, 34 carport spaces and 264 open parking spaces. A pedestrian Paseo/secondary emergency vehicle access is also provided near the northeast corner of the project connecting to Jamboree Road, as well as an interior system of pedestrian sidewalks. A single three-story residential units is plan. The building building type containing each ,of the project's proposed at 17 locations on the submitted site floor plan is triangular shaped and includes Community Development Department City Council Report VTT 13786 February 5, 1990 Page 3 4 studio, 6 one -bedroom, 8 two-bedroom units and 16 single car garages. Each building's garages are located at the "base" of the triangle shape; half facing a common driveway loop and half facing an interior driveway that serves only these garages. Three stories of "flat" living units are located at the top of the triangle shape, (oriented toward landscape areas) and a second -story of "flat" units are located above the garages, (oriented toward parking court areas). The four one -bedroom units located on the third story of each building consist of one -bedroom plus den floor plans. Three recreation areas• have been located along the main loop roadway of the project. The recreation areas include a leasing office, laundry facilities, pools and spas, weight room, lounge room and a lighted tennis court. A statistical summary of the project is attached to this staff report for reference. ARCHITECTURAL DESIGNILANDSCAPINGIHARDSCAPE The proposed architectural design of the project is modified Early California in character. The three-story buildings are proposed with terra-cotta spanish tile roof treatments and three colors of stucco siding ranging from off-white to beige. Mass is broken up with the angled shape of the building footprints, recessed windows and doors, covered balconies, patios, and wood trim. Windows, shutters, detailed cornices, flattened arches, and pre -cast concrete ornaments characterize the detail of the architecture. Proposed design features of the project provide a pleasant architecture which will be highlighted by a master landscape plan. The proposed architecture is consistent with the desired East Tustin Ranch style and is compatible with existing surrounding areas. ENVIRONMENTAL ANALYSIS Based upon review of the subject map as well as Environmental Impact Report 85-2 (as supplemented) it has been determined that environmental issues relating to this project have previously been Community Development Department City Council VTT 13786 February 5, Page 4 Report 1990 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. Given the analysis conducted by staff and 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.'s 2722 and 2723 it is recommended that the City Council approve Vesting Tentative Tract Map 13786. Eric Had and, Assistant Plan er EH:CAS:kbc a I 44-0014� Christine A. Sh ngleton Director of Community Development Attachments: Statistical Summary Site Plan Elevations Tentative Tract Map 13786 Planning Commission Resolutions No. 2721, 2722 and 2723 Resolution No. 90-12 and 90-13 Community Development Department ATTACHMENT I Page 1 STATISTICAL SUMMARY Projects vesting Tentative Tract Map 13786/DR 88-13/CUP 89-42 Requirement Proposed Gross Site Area N/A 13.69 acres (including landscape lots) Building Coverage Setback from Jamboree Rd. Setback from Champion Way Setbacks from perimeter property lines Height ( in feet) 40 feet maximum Gross Living Area i Total Units Density Open Space Parking Spaces (including guest) loot maximum minus setbacks & landscaping 81 feet minimum 10 feet minimum 5 feet minimum 36 feet maximum 6% 99 feet minimum 12 feet minimum 5 feet minimum N/A 257, 052 square feet N/A 306 units 25 units/acre maximum 22.4 units/acre 2.8 acres 570 spaces 6.7 acres 570 spaces Covered parking * 306 spaces (apartments) 306 spaces 442 spaces (condominium) N/A** Guest parking * 77 spaces (.25 spaces/unit) 77 spaces * See page 2 of Statistical Summary for breakdown of parkin * * See proposed Conditions of Approval for the project which will require construction of additional carports prior to conversion to condominiums. Community Development Department Statistical Analysis Vesting Tentative Tract Map 13786 age 2 Unit Floor Plans Type A Studio B Studio C 1 bdrm/1 bath D 1 bdrm+den/l bath E 1 bdrm+den/l bath F 2 bdrm/2 bath G 2 bdrm/2 bath Ouantity _Li_g 34 514 s.f. 34 503 34 657 34 941 34 851 68 1, 040 68 1,065 Parkinc,�gecxuirement Analysis (Occupant Only) Unit Type Req'd Spaces* Total Covered Spaces-Apts. Total Covered Spaces -Condos Total A studio 1 34 1 34 1 34 B studio 1 34 1 34 1 34 C 1 bdrm 1.5 51- 1 34 1 34 D 1 bdrm 1.5 51 1 34 1 34 E 1 bdrm 1.5 51 1 34 1 34 2 bdrm 2 136 1 68 2 136 2 bdrm 2 136 1 68 2 136 493 306 442 * Does not include guest spaces calculated at .25 spaces per unit Community Development Department I ` I 1 11 1g 1 %I I �a tt ' ii lct WO � ' I �Fj i ��� �i ; �E r � ull A �� ��tt�j �►��c � m � 2g CES P i� ; illi:a ilz3?t E iszt ! g �� At R R R R R R I RR R I ` I 1 11 1g 1 %I I �a r\ Nv tt ' ii lct WO � ' I �Fj i ��� �i ; �E r � ull A �� ��tt�j �►��c � m � 2g CES P r\ Nv I�Klm �a IF, "'PIP ...Vo II II i ,1• I i al•�T ;; :0° G? s sr piteR 0 Cc fit C* s •" �t i :c Yid � g�z li �_ �E ir AM 1( ll 1.� 14 15 16 17 is 19 20 21 22 2:1 24 25 2G 27 28 RESOLUTION NO. i&721 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-21 AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 13786 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 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 13786 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and B. 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 Planning Commission hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR, is therefore determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of the California Environmental. Quality Act. U ll 1� 14 1 t. 17 lei 19 20 21 22 .23 24 25 26 27 28 Resolution No. 2721 December 11, 1989 Page 2 Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmental effects thereof. The mitigation measures are identified as Conditions on Exhibit A of Planning Commission Resolution `No. 2723 recommending approval of Vesting Tentative Tract Map 13786 and Exhibit A of Planning Commission Resolution No. 2722. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11th day of December, 1989. ENNI FOLEY, Secretary LESLIE AN PONTIOUS, Chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of, the Planning Commission of the City of Tustin, California; that Resolution No. was duly passed and adopted at a agular meeting of the Tustin Planning Commissi on, held on the -1 day of 198, •-----•--' C44 NI FO EY — Recording Secretary 1 2 • 4 5 c 7 x 10 11 12 13 14 15 1(; 17 1s 19 20 22 Z 2.t 2" 26 27 28 RESOLUTION NO. 2722 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA,, CONDITIONALLY APPROVING DESIGN REVIEW 89-13 AND USE PERMIT 89-42 FOR A PROJECT WITH 306 APARTMENT DWELLINGS AND RECREATION FACILITIES ON 13.69 ACRES ON LOTS 22, HH AND II OF TRACT 12870 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: s A. That proper applications, Design Review 89-13 and Use Permit 89-42, were filed by Akins Development Company, requesting approval of a 306 apartment unit project with recreation facilities on a 13.69 acre site identified as Lots 22, HH and II of Tract 12870. B. That a public hearing was duly called, noticed and.held on said application on December 11, 1989. C. Pursuant to Section 9291 of the Tustin Municipal Code, the Commission finds the following: 1. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working in the neighborhood since the project design and architecture is compatible with existing surrounding urban area. The project is also consistent with the East Tustin Specific Plan Regulations and Development Standards and the East Tustin Development Agreement. 2. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. 14 15 1(; 17 is 19 2O t).1 22 243 94 2" 26 27' 28 Resolution No. 2722 Page 2 D. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of building 2. Setbacks and site planning 3. Exterior materials and colors. 4. • Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area, design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside of an enclosed structure. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted by the City Council. 1 2 3 4 5 c 7 R c� 1(� 11 12 13 14 15 1(; 17 1s 19 90 21 22 ,3 24 25 26 27 28 Resolution No. 2722 Page 3 II. The Planning Commission hereby conditionally approves Use Permit 89-42 and Design Review 89-13 authorizing construction of a 306 dwelling unit apartment project with recreation facilities subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of December, 1989. PENNI FOLEY, Secretary LESLIE ANNE PONTIOUS, Chairman EXHIBIT A DESIGN REVIEW 89-13 AND USE PERMIT 89-42 CONDITIONS OF APPROVAL RESOLUTION NO. 2722 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 11, 1989 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if, such modifications are to be consistent with provisions of the East Tustin Specific Plan. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design review approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit. (5) 1.4 Rental unit tenants shall be notified of potential condominium conversion as required by Condition 8.1C of Exhibit A of Planning Commission Resolution No. 2723 and the Subdivision Map Act. (4) 1.5 The lease agreements for the studio units (Plans A & B) (5) shall restrict occupants to a maximum of one vehicle per unit within the project. A draft of said lease agreement restrictions shall be submitted to the Community Development Department for approval prior to Certificate of Occupancy with a letter from Irvine Pacific and the property management company to require all tenants of studio apartments to sign. PLAN SUBMITTAL 2.1 At building plan check the following shall be submitted: Exhibit A Resolution No. 2722 Page 2 (3) A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. (2) B. Preliminary technical detail and plans for all (3) utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (2) C. Final grading and specifications consistent with the (3) site plan and landscaping plans and prepared by a registered civil engineer for approval of the Community Development Department. Subject grading submittal shall comply with all requirements of Condition 4.1, contained in Exhibit A of Planning Commission Resolution No. 2723. D. Information, plans and/or specifications to ensure satisfaction of Conditions 1.1, 1.21 1.31 1.41 1.51 1.6 and 1.7 of Exhibit A of Planning Commission Resolution No. 2723. E. Information to ensure compliance with Conditions 5.11 5.21 5.3, 5.4 and 5.5 of Exhibit A of Planning Commission Resolution No. 2723. (2) F. A detailed acoustical noise study prepared by a (3) qualified acoustical expert shall be subject to review and approval by the Community Development Department to insure that interior noise levels do not exceed a maximum of 45 dBa's. The report and any subsequent field inspection shall comply with Condition 6.1 and 6.2 of Exhibit A of Planning Commission Resolution No. 2723. (3) G. Detailed plans for pool and spa areas shall be (6) reviewed and approved by the Orange County Health Department. All pool and spa areas shall be enclosed by a five (5) foot high fence with self- closing and latching gates with access by key only and with vertical openings no greater than four (4) inches. All gates to pool and spa areas shall have a "dual knox box" for law enforcement and fire Exhibit A Resolution No. 2722 Page 3 department personnel access. (1) H. Each unit shall be provided with separate electric (6) and gas meters when such service is supplied. (1) I. Each unit shall be equipped with separate water (6) meters or a separate water shutoff. (112) J. Information to ensure compliance with Conditions 4.1 (6) and 4.2 of Planning Commission Resolution No. 2723. (1) 2.2 Rough plumbing for future solar heating options for (2) recreation buildings shall be provided. Copper shall be (8) installed from hot water closet and the hot water closet shall be adequate in size to accommodate a solar water heater and addition of a 110v electrical outlet. (1) 2.3 Unit floor plans D and E shall be revised to ensure that dens shall not be converted to bedrooms subject to the approval of the Director of Community Development. (1) 2.4 Architectural plans shall not be submitted for plan check unless accompanied by a letter approving proposed design by the Irvine Company. SITE AND BUILDING CONDITIONS 3.1 The site plan shall be modified as follows: *** A. Show all street sidewalks on site plan. Building setbacks shall be measured from interior edge of sidewalks. *** B. Include the 136 additional covered parking space locations on site plan, details and schedule for construction that will be required to be constructed upon conversion of rental units to condominiums as stated in Condition 10.4 of Exhibit A to Planning Commission Resolution No. 2723. (2) C. Where they occur, guest parking spaces shall be, readily visible. Such spaces shall also be labeled as "Guest Parking" spaces (provide details for such marking and labeling). *** D. Garage pillar extensions of building seven (7) that currently intrude upon the required ten (10) foot street setback shall be revised to comply with the Exhibit A Resolution No. 2722 Page 4 setback requirements of the East Tustin Specific Plan and interpretations by the East Tustin Policy Committee subject to approval, of the Director of Community Development. Submit details for all building wall extensions that project into required setback (e.g. garage pillars) verifying that said projections are non-bearing, separate structural details. Second floor living area is not a permitted projection into required setbacks. 3.2 Modify building elevations and proposed exterior materials as follows: A. Provide exact details for exterior doors and window types and treatments (i.e., framing color glass tint) . B. Indicate color and type of metal railings. C. Gas and water heater compartments shall be integrated into main building design. D. Show all downspouts and gutters. Downspouts and gutters shall be painted to match buildings and be positioned to minimize visual impact by: 1. Locating downspouts at inside building corners where possible. 2. Painting gutters and downspouts to match the adjacent roof or plaster color as the location dictates. Final location and color to be subject to approval by the Community Development Department. E. Revise elevations to comply with condition 3.1D regarding pillar projections subject to the approval of the Department of Community Development. F. Carport design shall be revised to be consistent with sloped tile roof design of the primary buildings. G. Revise the following architectural details to achieve consistency with the Early California - Tustin Ranch architectural theme: a. Simplify the proposed typical segmental Exhibit A Resolution No. 2722 Page 5 (flattened) arches by using round arches. b. Break up the proposed two-story tall arches into less extreme vertical elements. C. Revise the proposed detailed cornice moldings into less complex trim elements. d. Delete the proposed concrete ornaments to simplify the overall elevations. H. The use of exposed wood rafters shall be increased on the side and driveway elevations of the alternate building to be consistent with the proposed golf course elevation. I. The submitted alternate building elevations shall be designated for use on a minimum of eight of the proposed 17 residential buildings. *** 3.2a A pedestrian paseo shall be provided along Jamboree Road (2) at the northerly portion of the project to facilitate (6 ) direct and hazard free connections to adjacent projects, to neighborhood support services and for emergency access purposes. The design and location of said paseo shall be subject to approval of the Director of Community Development and the County of Orange Fire Department. Developer shall provide assurance of emergency vehicle accessibility and written approval from Orange County Fire Department. (1) 3.3 All exterior colors to be used shall be subject to review (4 ) and approval of the Director of the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (1) 3.4 Note on final plans that a six foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.5 All mechanical and electrical fixtures and equipment (4) shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of buildings. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the Exhibit A Resolution No. 2722 Page 6 project maintaining a sufficient distance from frontage of Champion Way and the primary loop street. 3.6 Exterior elevations of the buildings shall indicate any fixtures of equipment to be located on the roof of the building, equipment heights and type of screening. All parapets shall be at least six inches above rooftop equipment for purposes of screening. (1) 3.7 Submit detail for all on-site walls to be constructed by (3) developer including any screening walls within the (4) project. Show type of wall cap and type of color, *** exterior materials on walls which should be consistent with wall concepts approved for Tract 12870 and decorative treatment of all exposed walls. Walls and fences which do not also serve as perimeter walls for project shall be consistent with main building treatments. A protective rail or guard must be installed on top of retaining walls where there is more than a thirty (30) inch drop. Check the building code and provide details for such treatment. Provide wall/fence legend on site plan. (1) 3.8 Mail box locations shall be treated as social nodes and (4) shall include a bench and trash can with appropriate landscape and hardscape. All amenities shall be consistent and compatible with project architecture. (1) 3.9 Automatic garage door openers shall be provided on all garages. (1) 3.9 Adequate size trash enclosures with solid metal framed, *** self closing, self -latching gates shall be provided. Said enclosures shall be screened by a decorative wall of a minimum height of six feet. The actual location of said enclosures and types of screening shall be subject to approval by the Director of Community Development and the City solid waste contractor. Pedestrian entry to trash enclosures shall be visibly open for security reasons. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 4.1 Submit at plan check complete detailed landscaping and (7) irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table applying indexing identification to plant materials in their Exhibit A Resolution No. 2722 Page 7 actual location. The plant table shall list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 4.2 The submitted landscaping plans at plan check shall reflect the following requirements: A. Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas along is not acceptable. B. Provide a minimum of one 15 gallon size tree for every 30 feet of property line on the property perimeter and five 5 gallon shrubs. C. Provide one 15 gallon tree for each five parking spaces within an open parking area. D. Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 5 feet on center. E. Ground cover shall be planted between 8 to 12 inches on center. F. When l gallon plant sizes are used the spacing may vary according to materials used. G. Up along fences and/or walls and equipment areas, provide landscaping screening with shrubs and/or vines and trees on plan check drawings. H. All plant materials shall be installed in a healthy vigorous condition typical to the species and landscaping must be maintained in a neat and healthy Exhibit A - Resolution No. 2722 Page 8 condition, this will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. I. Buffer driveway and parking areas with landscaping berms when possible. J. Earth mounding is essential and must be provided to applicable heights whenever it is possible in conjunction with the submitted landscaping plan. Earth mounding should be particularly provided along Champion Way for an enhanced entry statement. K. A thickly planted landscape shall be installed along the edge of the project. Use natural landscaping and other architectural detailing and use of materials to border structured parking areas and soften their visual appearance. *** L. Major points of entry to the project, courtyards and pedestrian internal circulation routes shall receive specimen size trees to create an identification theme. The proposed dominant use of palm trees along Champion Way at the project entry shall be revised to a species more consistent with the Early California theme, subject to approval of the Director of Community Development. M. Landscape adjacent to the right-of-way shall be coordinated with parkway landscaping. Perimeter walls should be treated with vines in order to relieve large expanses of walls with adding greenery and color. Vine should be informally grouped with training devices installed. (1) 4.3 Screening adjacent to roadways, whenever possible, shall (7) compliment the architecture, color and construction (4) material of primary buildings on the site. (1) 4.4 Pedestrian walkways should be separated from traffic (7) areas where possible to provide a separate circulation (4) system. When necessary and practical, the separation should include landscaping and other barriers. Walkways, whenever possible, shall pass through the interiors of blocks; where they cross street corners, adequate site distance shall be provided. Exhibit A Resolution No. 2722 Page 9 (1) 4.5 The use of decorative paving techniques such as stamped (7) and colored concrete is encouraged, particularly paths, (4) at recreation areas and along major street loop systems. Decorative paving shall also be used around landscaped areas to provide a more aesthetic appearance. (1) 4.6 Provide details, colors, and materials for all exterior (7) walkways, stairs and walls. Design interior walkways to (4) create a reinforced pedestrian corridor with accessory landscaping treatment. (1) 4.7 All walls, fences or landscaping adjacent to loop streets (7 ) should be designed to provide adequate sight distance for (4) vehicles exiting the tract via the private streets. (1) 4.8 Entryways to the project site should be focal points. (7) In addition to larger tree treatments these areas should (4) be provided with a variety of color and treatment of landscaping as well as a incorporation of special decorative signage or pavement treatment (i.e., walls, lighting, etc.). (1) 4.9 A complete, detailed project sign program including (4) design, location, sizes, colors, and materials shall be submitted for review and approval by the Department of Community Development. The sign program shall include project identification, addressing and directional signs to direct autos to. proper access, parking and loading. Address signs shall be automatically illuminated. (1) 4.10 Indicate lighting scheme for project, note locations of all exterior lights and types of fixtures, lights to be installed on buildings shall be a decorative design. No lights shall be permitted which may create any glare or have a' negative impact on adjoining properties. 'The location and types of lighting shall be subject to the approval of the Director of Community Development. *** 4.11 Permanent fencing shall be installed at the developer's expense along the northerly boundary of the site between the subject project and the future community park site. The design, materials, colors and details of said fencing shall be subject to approval of the Community Development Department and Community services Department prior to issuance of building permits. Block wall fencing material facing the community park site shall have a Exhibit A Resolution No. 2722 Page 10 natural unprinted low maintenance treatment. (1) 5.1 Payment of all fees required in Condition 9.3 of Exhibit (6) A of Planning Commission Resolution No. 2723. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION EH:kbc (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, PENNI FOLEY, the undersigned, Secretary of the Planning Commission Resolution No. was duly the ustin Plann ng Commission, held 198 . P�NIFWW-- Recording Secretary hereby certify that I am the Recording of the City of Tustin, California; that passed and adopted at a gular meeting of on the day of 1 2 3 l i c 1C 11 12 13 14 15 1G 17 1 �{ 1 �) 20 21 22 2;3 24 25 26 27 28 RESOLUTION NO. 2723 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 13786 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. 13786 was submitted to the Planning Commission by Akins Development Company, for consideration. B. That a public hearing was duly called, noticed and held for said map on December 11, 1989. 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 multiple family dwellings. E. The 2.01 acres of parkland required for this development was previously dedicated with recordation of Tract 12870. F. That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impacts of Vesting Tentative Tract 13786 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. 2 3 4 r� G 7 8 9 1() 1] � 12 13 14 1511 18! I 20 21 22 23 24. 25 26 27 281 Resolution No. 2723 December 11, 1989 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. 13786 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of December, 1989. LESLIE ANNE PONTIOUS, Chairman PENNI FOLEY, Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 13786 RESOLUTION NO. 2723 CONDITIONS OF APPROVAL U BLICjPRIVATE 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 storm drain facilities within this tract will be private drains to be maintained by homeowner's association) N. Undergrounding of existing and proposed utility distribution lines 0. Lot monumentation P. Fire hydrants --------------------------------------------------------------- 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 hibit A .solution No. 2723 December 11, 1989 Page 2 (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. (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) 104 Preparation of plans for and construction of: (2) 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. (1) 1.5 Proposed private streets shall be designed to the (5 ) fol lowing: 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. Exhibit A _Resolution No. 2723 ecember 11, 1989 .age 3 1) The primary loop roadway (to be named Miguel Lane) shall be considered a private street and shall be at least 32 feet in width from curb to curb, and shall include a 5 foot sidewalk, street trees, and street lights. 2) The secondary driveways shall be at least 25 feet in width. B. All private streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used. *** C. Sidewalk areas shall flare around the placement of all above ground facilities, such as signing, street lights and fire hydrants. *** D. Parking shall only be permitted along on-site private streets and private drives as identified on approved plans. 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 Private streets, storm drain, water & sewer improvement plans (6) shall comply with the "City of Tustin" Minimum Design (8) Standards for on-site Private Street and Storm Drain Improvements. 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. - Exhibit A .esolution No. 2723 December 11, 1989 Page 4 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. ') 3.3 Prior to any work in the Permit must be obtained Public Works Department. public right-of-way, an Excavation and applicable fees paid from the (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 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 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: Exhibit A resolution No. 2723 december 11, 1989 Page 5 . 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 he theoretical 100 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow and ponding. C. Provision of drainage facilities to protect the lots from any high velocity scouring action. d. Provision for contributory 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 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. 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. 9. The developer shall be responsible for grading within the emergency access easement over Lot A ( Lot II of Tract 12870). C. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. Exhibit A resolution No. 2723 December 11, 1989 Page 6 (1) 4.2 All earthwork shall be performed in accordance with the City (3) of Tustin Municipal Codes and grading requirements. 4.3 Provide information to ensure compliance with Condition 3.2a of Exhibit A of Resolution No. 2722 regarding a pedestrian paseo that shall be used as emergency access. FIRE DEPARTMENT 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 in accordance with Insurance Services Office suggested standards contained in the "Grading Schedule" for Municipal Fire Protection. 5.2 Prior to the issuance of building permits for combustible construction, evidence that adequate 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. 5.3 Prior to 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. 5.4 Prior to issuance of any building permits, plans for an automatic fire extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. 5.5 Prior to the issuance of any certificates of use and 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. -- Exhibit A resolution No. 2723 December 11, 1989 Page 7 5.6 Prior to issuance of building permits, construction details for any future controlled entry access shall be approved by the Fire Chief. These details shall include width, clear height, and means of emergency vehicle over -ride. ` 1) 6.1 Prior to the issuance of any building permits: 2 (3) A. A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for. approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The 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 lighting 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. B. Due to the project's location under the Browning Corridor, a complete noise study shall be conducted and submitted to the City for review. In addition to Community Noise Equivalency Levels (CNEL) said study provides information on single event noise measurements as generated by helicopter flyovers for information purposes only. C. Due to the project's location adjacent to a future regional trail facility, the report shall address impacts and mitigation of noise from said trail. _ Exhibit A lesolution No. 2723 jecember 11, 1989 Page 8 (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 (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. Keliw li) 7.1 Prior to approval of the final map, all organizational documents for the project including any deed restrictions, 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. CCR's shall include but not be limited to the following provisions: A. Since the City is interested inprotecting 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 CCR's for enforcement purposes of those CC&R provision:s in which the City has interest, as reflected by the following B through 0. However, .the City shall not be obligated to enforce the CCR'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 (Lots B and C) , recreation areas, pools and spas, private parks, walls and fences, private roadways (i.e., walks, sidewalks, trails) and paseos. Exhibit A Resolution No. 2723 December 11, 1989 Page 9 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 CCR'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) 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. Exhibit A Aesolution No. 2723 December 11, 1989 Page 10' (3) Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within the boundaries of the subdivision and Homeowner's Association, to surrounding property, or to property or improvements within three hundred (300) feet of the property may also be added as alternative language. 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 CCR's. 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, driveway or private street 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. I. Parking spaces shall be permanently and irrevocably assigned to individual condominium units at rates of one parking space per studio unit, 1.5 spaces per one bedroom unit, and two spaces per two bedroom unit. An additional 77 guest parking spaces shall be established and maintained within the common area and shall be marked and used for guest parking only. J. The occupants of the studio units (Plan A & 8) shall be restricted to a maximum of one vehicle per unit within the project. Exhibit A resolution No. 2723 December 11, 1989 Page 11. K. Condominium units shall not have separate external television and radio antennas. Either a central antennae 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. L. All utility services serving the site shall be installed and maintained underground. M. 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 lst 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. N. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. 0. 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. P. 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 resolution No. 2723 December 11, 1989 Page 12 OTIFICATION (1) 8.1 Prior to issuance of Certificate of Occupancy: (2) A. A document separate from the deed shall be recorded 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 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 submit for review and approval by the Director of Community Development, a coy of the "Notice to Prospective Tenants of Intent to Convert to Condominiums" that shall be provided to all prospective tenants prior to acceptance of any rent or deposit, in order to comply with Section 66452.51 of the Subdivision Map Act. D. 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. E. 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: Exhibit A Aesolution No. 2723 December 11, 1989 Page 13 (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. F. 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. *** G. The subdivider shall provide the City with agreements which shall be signed by each tenant/homebuyer which shall restrict occupants of the studio units (Plans A & B) shall be restricted to a maximum of one vehicle per unit within the project. (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. (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. Exhibit A Resolution No. 2723 December 11, 1989 Page 14 (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. 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 Agency Fee (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 tesolution No. 2723 December 11, 1989 Page 15. B. Provision for landscaping maintenance of emergency access/paseo easement through Lot A shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 13786. 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 f inal map approval and "as built" grading', landscape and improvement plans prior to certificate of acceptance. (1) 10.4 Prior to actual conversion of rental units to condominium units for sale, the subdivider shall complete construction and obtain final building permit approval for 136 additional covered parking space structures required by the East Tustin Specific Plan (two covered parking spaces per each two bedroom unit compared to one covered space per two bedroom unit for apartments). An estimated schedule for construction of said structures shall be submitted for review by the Community Development Department prior to final map approval. (1) 10.5 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) 10.6 The cumulative number of residential units for which (9) certificate of occupancy may be issued shall not exceed the (5) cumulative total or square feet of occupied revenue generating (2) uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. 10.7 The Browning Corridor Aviation Easement and G.C.A. Easement as outlined in the Memorandum of Understanding dated July, 1985 between the United States Marine Corps, the City of Irvine and the City of Tustin, shall be indicated on Tract 13786. 10.8 Prior to release of building permits all conditions of approval of Design Review 89-13 of the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 2722 and incorporated herein by reference. Exhibit A --Resolution No. 2723 ecember 11, 1989 Page 16 10.9 Reciprocal access (vehicular, parking and pedestrian) easements between all lots created by Vesting Tentative Tract 13786 shall be noted on any final map. *** 10.10 The Planning Commission's recommendation of approval of this map is subject to City Council approval of the vacation of Champion Way as public right-of-way and approval of the second amendment to Final Tract Map 12870 pertaining to said street vacation failure to obtain such approval renders this resolution null and void. 10.11 All applicable conditions of approval of previously approved Tract 12870, as amended, shall apply to Tract 13786. *** 10.12 Maintenance of the emergency access easement across lots A and B shall be the responsibility of the subdivider until such time the project converts to condominiums, when it shall become the responsibility of the Homeowner's Association, 10.13 A Master Homeowner's Association shall be established between Lots 21 and 22 of Tract 12870 for purposes of maintaining Champion Way, a private street. The subdivider of lot 21 shall maintain membership in said Association until such time as Tract 13824 converts to condominiums. In the event of such a conversion, the Homeowner's Association of Tract 13824 shall assume all duties and responsibilities of the subdivider in the Master Association. *** 10.14 Prior to approval of the final map, delete Lot B from Tract 13786, resulting in a total of one (1) lettered lot (A) on the final map, and adjust the tract boundary to exclude Champion Way. EH:kbc STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. ;2 7 a3 was duly passed and adopted at regular meeting of the Tustin Planning Commission, held on the day of 198. ' P NNI FOLEY_ Recording Secretary 1 2 3' 4, 5 61 7 8 9 10� it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 271 281 RESOLUTION NO. 90-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 13786 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. 13786 was submitted to the City Council by Akins Development Company, for consideration. B. That a public hearing before the Planning Commission was duly called, noticed and held for said map on December 11, 1989. 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 multiple family dwellings. E. The 2.01 acres of parkland required for this development was previously dedicated with recordation of Tract 12870. F. That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and. addenda, the impacts of Vesting Tentative Tract 13786 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. 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. 90-12 February 5, 1990 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 City Council hereby approves Vesting Tentative Tract Map No. 13786 subject to final recordation of the second amendment to final map 12870 and all conditions contained in Exhibit A of Planning Commission Resolution No. 2723, incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 5th day of February, 1990. MARY WYNN City Clerk RICHARD B. EDGAR Mayor 1 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. 90-13 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 13786 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 13786 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and B. 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 tograding, drainage, circulation, public services and utilities, were examined in the Program EIR. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR, is therefore determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of the California Environmental Quality Act. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ]5 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-13 February 5, 1990 Page 2 Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmental effects thereof. The mitigation measures are identified as Conditions on Exhibit A of Planning Commission Resolution No. 2723 recommending approval of Vesting Tentative Tract Map 13786 and Exhibit A of Planning Commission Resolution No. 2722. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 5th day of February, 1990. MARY WYNN City Clerk RICHARD B. EDGAR Mayor a V'X DATE: FEBRUARY 5, 1990 CONSEkT CALENDAR NO. 18 2-5-9,0 Inter - Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: VESTING TENTATIVE TRACT MAP NO. 13734 RECOMMENDATION It is recommended that the City Council take the following actions: 1. Approve the Environmental determination for the project by adopting Resolution No. 90-18; and 2. Approve Vesting Tentative Tract Map 13734 by adopting Resolution No. 90-19, subject to conditions contained in Exhibit A of Planning Commission Resolution No. 2742, attached hereto and incorporated herein by reference. BACKGROUND At their regular meeting on January 8, 1990, the Planning Commission adopted Resolution No. 2742 recommending approval to the City Council of Vesting Tentative Tract Map 13734 and Resolution No. 2741 approving Design Review 89-50, a proposal to subdivide a 24.08 acre site into 118 numbered lots and 26 lettered lots for the purpose of developing a 118 detached single family residential development. The site is bounded by Tustin Ranch Road to the west, La Colina Drive to the south, and the Tustin Ranch Golf Course to the north and east. Planned and anticipated development in the vicinity includes approximately 129 condominium dwelling units (Lot 11) and a private park (Lot 31) across La Colina to the south and 97 detached single family dwelling units (Lot 3) across Tustin Ranch Road to the west. PROJECT DESCRIPTIONZSITE PLAN The proposed project is in conformance with all applicable development standards identified in the East Tustin Specific Plan. Submitted development plans for the project propose construction of 118 two-story single family detached dwelling units resulting in a gross density of 4.9 dwelling units per acre. The East Tustin Specific Plan permits a maximum of 18 dwelling units per acre within the Medium Density Residential category. In addition, the development standards of the Medium -Low Density Residential City Council Report Vesting Tentative Tract 13734 February 5, 1990 Page 2 category have been applied as required by the Specific Plan for development of detached single-family dwellings within the Medium Density Residential category. The project contains four unit types which are described as follows: Unit Type Quantity Living Area Description 1 20 2,625 sq. ft. 3 bedroom, 2 1/2 bath 2 car garage 2 20 2,739 sq. ft. 3 bedroom, 2 1/2 bath 3 car garage 2A 9 2,739 sq. ft. 3 bedroom, 2 1/2 bath 3 car garage (side entrance) 3 30 3,185 sq. ft. 5 bedroom, 3 bath 2 car garage and detached 3rd car garage 4 39 3,415 sq. ft. 4 bedroom, study, 4 bath, 3 car garage The lot sizes range from approximately 4,500 square feet to 10,500 square feet in size which exceeds the minimum lot size of 3,000 square feet required by the East Tustin Specific Plan. The project does not propose any community recreation facilities within the boundaries of the tract. However, a private park will be developed by the Irvine Company on Lot 31 across the main tract entrance on La Colina for the purpose of providing recreational amenities to the subject property and other adjacent lots (Lots 11 and 12) . Approved plans for the park site include a tennis court, swimming pool, spa, tot lot, barbecue areas and turf areas. Access to the site is provided by a 74 foot wide gated entrance (a 30 foot ingress lane and 24 foot egress lane) from La Colina Drive. The private street system within the tract boundaries provides a 46 foot right-of-way (36 feet curb to curb and 5 foot sidewalks on each side). Decorative street light standards and mailboxes are included to enhance the streetscape. Two cul-de-sacs are proposed Community Development Department City Council Report Vesting Tentative Tract 13734 February 5, 1990 Page 3 in the eastern portion of the project. A 20 foot wide emergency access to La Colina Drive is provided between lots 60 and 61 which also doubles as a pedestrian access point to this area of the project. The driveway widths range from 16.33 feet for Plans 1 and 2 to 35 feet for Plan 3. The larger driveway on Plan .3 is needed to accommodate the detached third car garage. The average driveway width for the entire project is 24.7 feet which is acceptable. All streets and facilities within this development are proposed to be private and will be maintained by the Homeowner's Association. 41*1TW_k*_4 ft`�i OMO.1 �ktzLe' The proposed development plans include four different floor plans with 11 different elevations. Each elevation introduces elements of the Spanish Colonial, Monterey and Early California architectural style as encouraged in the Tustin Ranch. All plans possess a significant amount of architectural detail including both clipped eaves and exposed rafter eaves, cornice moldings, multi - pitched roofs, balconies, window surrounds, pot shelves, decorative chimney caps, and multi -paned windows. Plan 2A (9 units) has side entrance garages to provide additional variation to the street scape. Plan 3 (30 units) has a detached third car garage which is separated by the front building entrance to create a more formal courtyard for the plan and also adding variety to the street scape. Enhanced patio cover structures and balconies are provided on the rear elevations of those units backing onto the golf course. The elements provide patio structures with built-up pilasters, beams, arches and trellises to compliment the architectural style of the particular unit. This will also provide a more finished and integrated appearance along the golf course edge. The landscaping design for the project is a key element in ensuring a quality and attractive development. While a concept landscaping plan has been prepared, the plan is general in nature as to the specific location, size, quantities and materials that will be used. Final precise landscaping and irrigation plans are required at the plan check stage. The conceptual plan does include a plant palette consisting of accent trees, street trees, entry trees, shrubs and ground cover with items such as Canary Island Pine, London Plane, Brisbane Box, Brazilian Pepper, Southern Magnolia and Eucalyptus varieties. Shrubs include Mock Orange, Lily of the Nile, Escallonia, Hibiscus, Texas Privet and other similar materials. The overall intent of the concept plan is to provide a distinct and attractive streetscape and entry statement. Even Community Development Department City Council Report Vesting Tentative Tract 13734 February 5, 1990 Page 4 though these are single family detached dwellings, the applicant is proposing landscaping within all front yard and common areas. All perimeter walls and boundary landscaping proposed is consistent with the approved (as amended) treatment for Tract 12870. Perimeter walls and landscaping along Tustin Ranch Road will be the responsibility of the Irvine Company. All other perimeter walls and landscaping along La Colina and the golf course will be the responsibility of the applicant. The wall treatment along the golf course edge is proposed to -be a combination block and wrought iron wall to preserve the views of the course as seen on other development proposals -adjacent to the golf course. View from the golf course will also be enhanced by highlighting, rather than hiding, the buildings. ENVIRONMENTAL ANALYSIS Based upon review of the subject map, as well as Environmental Impact Report 85-2 (as supplemented), it has been determined that environmental issues related 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 Planning Commission make the finding that the requirements of the California Environmental Quality Act have been met and that no further environmental review is required. CONCLUSION Given the analysis conducted by staff and consideration of comments from other agencies, 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 Community Development Department City Council Report Vesting Tentative Tract 13734 February 5, 1990 Page 5 Quality Act. It is therefore recommended that the City Council approve Vesting Tentative Tract Map 13734 by adoption of Resolution No. 90-19, subject to conditions contained in Planning Commission Resolution No. 2742, attached thereto and incorporated by reference. Daniel Fox Christine A. ShinciYeton Senior Planner Director of Community Development DF:CAS:kbc Attachments: Resolution No.'s 90-18 and 90-19 Site Plan/Tentative Map Elevations Community Development Department 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. 90-18 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 13734 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 13734 is considered a "project" pursuant to the terms of the California Environmental Quality Act; and B. That the project is covered by a previously certified Final Environmental Impact Report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. II. The East Tustin Specific Plan Final Environmental Impact Report (85-2), previously certified on March 17, 1986 as modified by subsequently adopted supplements and addenda, was considered prior to approval of this project. The City Council hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR, is therefore determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of the California Environmental Quality Act. 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. 90-18 February 5, 1990 Page two Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmental effects thereof. The mitigation measures are identified as Conditions on Exhibit A of Planning Commission Resolution No. 2742 recommending approval of Vesting Tentative Tract Map 13734 and Exhibit A of Planning Commission Resolution No. 2741 approving Design Review 89-50. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 5th day of February, 1990. MARY WYNN, City Clerk RICHARD B. EDGAR, Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ill 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 13734 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. 13734 was submitted to the City Council by the Bren Company for consideration. B. That a public hearing before the Planning Commission was duly called, noticed and held for said map on January 8, 1990. 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 1.20 acres of parkland required for this development was previously dedicated with recordation of Tract 12870. F. That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impacts of Vesting Tentative Tract 13734 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. 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. 90-19 February 5, 1990 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 City Council hereby approves Vesting Tentative Tract Map No. 13734 subject to all conditions contained in Exhibit A of Planning Commission Resolution No. 2742 incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 5th day of February, 1990. MARY WYNN City Clerk RICHARD B. EDGAR, Mayor 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. 2742 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 13734 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. 13734 was submitted to the Planning Commission by the Bren Company for consideration. B. That a public hearing was duly called, noticed and held for said map on January 8, 1990. 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 1.20 acres of parkland required for this development was previously dedicated with recordation of Tract 12870. F. That the City has reviewed the status of the School Facilities Agreement between. the Irvine Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impacts of Vesting Tentative Tract 13734 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. 11 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. 2742 December 11, 1989 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. 13734 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of January, 1990. PENNI FOLEY, Secretary 600 j LESLIE ANNE PONTIOUS, Chairman EXHIBIT A VESTING TENTATIVE TRACT MAP 13734 RESOLUTION NO. 2742 CONDITIONS OF APPROVAL PUBLICZPRIVATE 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. Street and paseo lighting L. Storm drains and subdrains (* The storm drain facilities within this tract will be private drains to be maintained by homeowner's association) M. Undergrounding of existing and proposed utility distribution lines N. Lot monumentation 0. Fire hydrants P. Secondary Emergency access (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. (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. ( 1.4 Preparation of plans for and construction of: (G, (6) A. All sanitary sewer facilities must be submitted as E bit A Rt-ilution No. 2742 Page 2 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. (1) 1.5 Proposed private streets shall be designed to the (may following specifications: ( A. All proposed streets shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. B. All public and/or private streets shall be constructed in accordance with City requirements in terms of type and quality of materials used. C. The following streets must be posted and redcurbed for "No Parking" in accordance with Fire Department regulations: 1. Seaton Way cul-de-sac 2. Hazeltine Drive cul-de-sac D. Sidewalk areas shall flare around the placement of all aboveground facilities, such as signing, street lights, and fire hydrants when said sidewalks are constructed adjacent to the curb within the street right-of-way. E. Prior to final map approval, street names shall be approved by the Street Naming Committee. (-L, 1.6 Private streets, storm drain, water & sewer improvement plans (6) shall comply with the "City of Tustin" Minimum Design E bit A Resolution Page 3 (8) No. 2742 Standards for on-site Private Street and Storm Drain Improvements. 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. *** 2.2 A separate covenant agreement, or provisions included within the CC&R's shall be recorded on all Plan 3 units with the detached third car garage that the detached garage shall not be converted to habitable space. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY ( 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. (1) 3.3 Prior to any work in the public right-of-way, an Excavation Permit must be obtained and applicable fees paid from the Public Works Department. GRADINGIGENERAL (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. .nibit A Resolution No. 2742 Page 4 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 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 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. 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 _.libit A Resolution No. 2742 Page 5 event of a "find" are explained. C. Preparation of a sedimentation and erosion control plan for all construction work related to the subject tract including a method of control to prevent dust and windblown earth problems. D. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. E. Written approval must be obtained from adjacent property owners for rights -of -entry for construction activity across lot lines. (1) 4.2 All earthwork shall be performed in accordance with the City (3) of Tustin Municipal Codes and grading requirements. FIRE DEPARTMENT 5.1 The subdivider shall comply with all requirements of the Orange County Fire Marshall, including required fire flow, installation where required of fire hydrants subject to approval as to location by the fire Department, City of Tustin Public Works Department and Irvine Ranch Water'District, and compliance with all requirements pertaining to construction. 5.2 Prior to the issuance of building permits for combustible construction, evidence that adequate water supply and operational fire hydrants are available shall be submitted to and approved by the Orange County Fire Marshall. The subdivider shall also submit water improvement plans for approval of Fire Marshall. 5.3 A construction phasing plan shall be submitted for review and approval by the Fire Chief for the evaluation of emergency vehicles access. NOISE (1) 6.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report (s) have been Aibit A Resolution No. 2742 Page 6 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 lighting 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. k -I 6.3 All construction operations including engine warm up shall be (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&RIS (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 .nibit A Resolution No. 2742 Page 7 reflected by the following B through M. 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, private roadways paseos. 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 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) 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. ibit A Resolution No. 2742 Page 8 (3) Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within the boundaries of the subdivision and Homeowner's Association, to surrounding property, or to property or improvements within three hundred (300) feet of the property may also be added as alternative language. 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, 7 feet wide and 19 feet long in any parking, driveway or private street area except for purpose of loading, unloading, making .deliveries or emergency repairs except that 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. . .ibit A Resolution No. 2742 Page 9 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. O. Provisions shall be made on all Plan 3 units'with the detached third car garage that the detached garage shall not be converted to habitable space. P. Maintenance of all manufactured slopes on individual lots shall be the responsibility of the individual property owner. Q. This development is also part of a Master Association which is responsible for, among other items, maintenance of the private park located on Lot 31, Tract 12870. R. Provisions to ensure that the pedestrian gates at the main entrance shall not have locking devices and remain open and accessible. TENANTIHOMEBUYER NOTIFICATION 8.1 Prior to issuance of Certificate of Occupancy: (2) A. A document separate from the deed which will be an _.Mbit A Resolution No. 2742 Page 10 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 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. 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. 8.2 Subdivider shall notify all potential homebuyers of the following Assessment/Maintenance Districts affecting the property: .hibit A "esolution No. 2742 Page 11 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. 9.3 Prior to issuance of any building permits, payment shall be made of all required fees including: (b) (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. 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 _Mbit A Resolution No. 2742 Page 12 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. B. Provision for landscaping maintenance of emergency access/paseo easement through Lot Z shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 13734. C. Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency ofeach 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 Tract 12870. (1) 10.5 The cumulative number of residential units for which (9) certificate of occupancy may be issued shall not exceed the (5) cumulative total or square feet of occupied revenue generating (2 ) uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. 10.6 The Browning Corridor Aviation Easement and G.C.A. Easement as outlined in the Memorandum of Understanding dated July, 1985 between the United States Marine Corps, the City of Irvine and the City of Tustin, shall be indicated on Tract 13734. 10.7 Prior to release of building permits, ..all conditions of approval of Design Review 89-50 of the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 2741 and incorporated herein by reference. However, 'ibit A .solution No. 2742 Page 13 applicant will be permitted to obtain building permits for model unit construction prior to approval of Final Map 13734 provided all Building Code requirements have been met including Public Works, Fire Department and Community Development Department requirements and approvals. --------------------------------------------------------------- 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 DF:pef STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. �2 -7 (-/ .— was duly passed and adopted a a regular meeting of the Tustin Planning Commission, held on the day of ti��_ 199C` . 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