HomeMy WebLinkAboutCC 20 T.T. MAP 13824 02-05-90a -.S=90
DATE: FEBRUARY 51 1990
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
CONSENT (CALENDAR NO. 20
2-5-90
Inter -- Com
SUBJECT: VESTING TENTATIVE TRACT MAP 13824 (REGIS CONTRACTORS,
INC.)
RECOMMENDATION
It is recommended that the City Council:
1. Approve the Environmental Determination for the project by
adopting Resolution No. 90-16; and
2. Approve Vesting Tentative Tract Map 13824, as recommended by
the Planning Commission, by adopting Resolution No. 90-17.
BACKGROUND
At their regular meeting on December 11, 1989, the Planning
Commission adopted Resolution No. 2718 (attached), recommending
approval of Vesting Tentative Tract Map 13824 to the City Council.
Vesting Tentative Tract Map 13824 proposes to subdivide a 14.10
acre site into eight numbered lots and two lettered lots (for
landscape and trail purposes), permitting the development of 317
apartment units. The proposed tract map facilities financing of
the project and would also permit the applicant to convert the
apartments to condominiums at a future date.
At their December 11th meeting, the Planning Commission also
approved Conditional Use Permit 89-33, authorizing initial
construction and occupancy of the project as apartments, and Design
Review 88-58, approving the specific site plan and architectural
design of the project.
Located in Sector 7 of the East Tustin Specific Plan, the proposed
project is bordered by Champion Way and Lot 22 of Tract 12870 to
the north, the Tustin Ranch Golf Club to the south and west and
Jamboree Road to the east. Anticipated and/or existing development
in the vicinity of the project includes a proposed 306 unit
apartment/ condominium project on Lot 22 across Champion Way to the
north and the existing Tustin Ranch Golf Club immediately to the
south and west.
City Council Report
VTTM 13824
February 5, 1990
Page 2
PROJECT DESCRIPTIONISITE PLAN
Submitted plans for the project propose development of 27 two and
three story apartment buildings for a total of 317 dwelling units
within the Medium -High Density Residential land use category, which
permits up to 25 dwelling units per acre. Actual density proposed
for the project is 22.48 dwelling units per acre.
One 44 foot wide, major ingress/egress point is proposed for the
project on Champion Way, a private street. A 25 foot wide
emergency access is also proposed from Jamboree Road that would
cross the equestrian/pedestrian trail easement on Lot 'A' as well
as the landscape lot (Lot B). The internal circulation system
consists of a 28 foot wide main loop street located in the center
of the site, with several 25 foot wide private drives that access
the main loop street from a series of private auto courts. Guest
parking is distributed throughout the project as perpendicular
spaces off the main loop street, private drives and auto courts.
The auto courts contain the open and covered spaces (carports and
garages) that serve the project's residents. A total of 584
parking spaces are provided, including 361 covered spaces, 144 open
spaces and 79 guest parking spaces.
Three building types are proposed for the project that include 50
studio, 159 one bedroom and 108 two bedroom units. All three
building types include garage spaces on the first floor. All units
are provided with their own washers and dryers.
Two recreation areas are provided, one located at the main entry
and the other adjacent to the golf course. These facilities
include a leasing office, kitchen, restrooms, exercise room, pools
and spas.
A statistical summary of the project is attached to this report for
reference.
ARCHITECTURAL DESIGN
The proposed architectural design of the project is early Spanish -
California -Santa Barbara in character. The buildings are proposed
to have a spanish tile roof treatment and white to beige stucco.
Mass is broken up with projecting stairways, wood balconies,
trellis', pot shelves and trim, chimneys and patios. Multi -paned
windows, wood trim surrounds, wood shutters and Multi -panel wood
Community Development Department
City Council Report
VTTM 13814
February 5, 1990
Page 3
garage doors characterize the detail of the architecture.
The proposed architecture is consistent with the desired Tustin
Ranch style and is compatible with existing, surrounding areas.
TENTATIVE TRACT MAP
As noted earlier in this report, the primary access to this project
is taken from Champion Way, a private street. As originally
established by Final Tract Map 12870, Champion Way was a public
street; however, the second amendment to Final Tract Map 12870
changed Champion Way to a private street.
As a private street serving only the developments on Lots 21 and
22 of Tract 12870, the owner of both lots (Irvine Pacific) will be
responsible for maintaining Champion Way. Should one or both
developments convert to condominiums in the future, the Homeowner's
Association(s) will be required to maintain Champion Way.
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 been previously
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.
CONCLUSION
Given the analysis conducted by staff and consideration of comments
from other agencies and the public at the Planning Commission
hearing, .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.
Community Development Department
City Council Report
VTTM 13824
February 5, 1990
Page 4
With the inclusion of conditions of approval listed in Planning
Commission Resolution No. 2718, it is recommended that the City
Council approve Vesting Tentative Tract Map 13824.
I o
Steve Rubin, Christine A. Shingle on,
Associate Planner Director of Community Development
SR:CAS:kbc
Attachments: Statistical Summary
Tentative Tract Map 13824
Site Plan
Planning Commission Resolutions No.'s 2716, 2717 and
2718
Resolution No.'s 90-16 and 90-17
Community Development Department
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RESOLUTION NO. 90-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, FINDING THAT THE 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 M=AP
13824, 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 13824 and
respective development plans are considered
"projects" pursuant to the terms of the
California Environmental Quality Act; and
B. 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 previously certified on March 17,
1986, and subsequently amended by adopted
supplements and addenda, was considered prior to
approval of this project. The City Council hereby
finds: these projects are within the scope of the
East Tustin Specific Plan previously approved and
subsequently amended; the effects of the project
were examined in the Program EIR; and all feasible
mitigation measures and alternatives developed in
the Program EIR are incorporated into these
projects. The Final EIR, as modified by all
subsequently adopted supplements and addenda, is
therefore determined to be adequate to serve as a
Program EIR for these projects and satisfies all
requirements of CEQA.
Applicable mitigation measures identified in the
Final EIR have been incorporated into the project
which mitigate any potential significant
environmental effects thereof. The mitigation
measures are identified as Conditions on Exhibit A
of Planning Commission Resolution No. 2717
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Resolution No. 90-16
February 5, 1990
Page2
approving Design Review 88-58 and Conditional Use
Permit 89-33 and Exhibit A of Planning Commission
Resolution No. 2718, recommending approval of
Vesting Tentative Tract Map 13824 and City Council
Resolution No. 90-17 approving Vesting Tentative
Tract Map 13824.
PASSED AND ADOPTED by the City Council of the City of
Tustin at a regular meeting held on the 5th day of
February, 1990.
MARY E. WYNN
City Clerk
RICHARD B. EDGAR
Mayor
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RESOLUTION NO. 90-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING VESTING TENTATIVE TRACT
MAP NO. 13824
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. 13824 was
submitted to the City Council by Regis
Contractors, Inc., 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 2.09 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 13824 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.
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Resolution No. 90-17
Page two
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. 13824, subject to final recordation
of the second amendment to Final Map 12870 and all
conditions contained in Exhibit A of Planning
Commission Resolution No. 2718, attached hereto and
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 E. WYNN,
City Clerk
RICHARD B. EDGAR,
Mayor
"ATTACHMENT I
Page 1
STATISTICAL SUMMARY
Project: Vesting Tentative Tract Map 1382,1/DR 88-58/CUP 89-33
Requirement Proposed
Gross Site Area N/A 14.10 acres
(including landscape lots)
Building Coverage
Setback from Jamboree
Road C/L
Setbacks from perimeter
property lines
Height ( in feet)
Gross Living Area
Total Units
Density
Open Space
Parking Spaces
100% maximum
minus setbacks
landscaping
81 feet minimum
0 feet minimum
40 feet maximum
31.710
117 feet minimum
6 feet minimum
( along golf course)
37 feet maximum
N/A 281,318 square feet
N/A 317 units
25 units/acre maximum 22.48 units/acre
2.91 acres 3.90 acres
(including guest) 584 spaces 584 spaces
Covered parking * 317 spaces (apartments) 361 spaces
425 spaces (condominium) 425**
Guest parking * 79 spaces (.25 spaces/unit) 79 spaces
* See page 2 of Statistical Summary for breakdown of parking.
** 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 13824
Page 2
or 505
* Does not include guest spaces calculated at .25/unit
Community Development Department
Unit
Floor
Plans
Type
Quantity
Living Area
A
Studio
50
556 s.f.
B
1
bdrm/l
bath
13
761
C
1
bdrm/l
bath
48
787
D
2
bdrm/2
bath
108
1,165
E
1
bdrm/l
bath
25
818
E1
1 bdrm + loft/1 bath
25
974
F
1
bdrm/l
bath
48
748
,.Parking Requirement
Analysis
(Occupant Only)
Covered
Covered
Unit
Type Req'd Spaces
Total Spaces-Apts.
Total
Spaces -Condos
Total
A Studio
1
50
1
50
1
50
B 1
bdrm
1.5
19.5
1
13
1
13
C 1
bdrm
1.5
72
1
48
1
48
2
bdrm
2
216
1
108
2
216
1
bdrm
1.5
37.5
1
25
1
25
El 1
bdrm
1.5
37.5
1
25
1
25
F 1
bdrm
1.5
72
1
48
1
48
504.5
_
317
425
or 505
* Does not include guest spaces calculated at .25/unit
Community Development Department
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RESOLUTION NO. 2716
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, FINDING THAT THE 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
13824, CONDITIONAL USE PERMIT 89-33 AND DESIGN
REVIEW 88-58 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.
II.
The Planning Commission finds and .determines as
follows:
A. That Vesting Tentative Tract Map 13824,
Conditional Use Permit 89-33 and Design Review
88-58 and respective development plans are
considered "projects" pursuant to the terms of
the California Environmental Quality Act; and
B. 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.
The East Tustin Specific Plan Final Environmental
Impact Report previously certified on March 17,
1986? and subsequently amended by adopted
supplements and addenda, was considered prior to
approval of this project. The Planning Commission
hereby finds: these projects are within the scope
of the East Tustin Specific Plan previously
approved and subsequently amended; the effects of
the project were examined in the Program EIR; and
all feasible mitigation measures and alternatives
+ developed in the Program EIR are incorporated into
these projects. The Final EIR, as modified by all
subsequently, adopted supplements and addenda, is
therefore determined to be adequate to serve as a
Program EIR for these projects and satisfies all
requirements of CEQA.
Applicable mitigation measures identified in the
Final EIR have been incorporated into the project
which mitigate any potential significant
environmental effects thereof.
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Resolution No. 2716
December 11, 1989
Page 2
The mitigation measures are identified as
Conditions on Exhibit A, Resolution No. 2717
approving Design Review 88-58 and Conditional Use
Permit 89-33 and Exhibit A of Resolution No. 2718
recommending approval of Vesting Tentative Tract
Map 13824.
PASSED AND ADOPTED by the Planning Commission of the
City of Tustin at a regular meeting held on the lith day
of December, 1989.
C
LESLIE ANNE PONTIOUS
Chairman
4
ENNI FOLEY
Recording Secretary
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the P1 a nni ng Commission of the City of Tustin, California; that
Resolution No. g (o was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the day of /0
19 8—q
P NI FOLEY
Recording Secretary
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RESOLUTION NO. 2717
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF TUSTIN,
CALIFORNIA, CONDITIONALLY APPROVING
DESIGN REVIEW 88-58 AND CONDITIONAL
USE PERMIT 89-33 FOR A PROJECT WITH
317 APARTMENT UNITS ON 14.25 ACRES
ON LOTS 21 AND FF 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:
A. That proper applications, Design Review 88-58
and Conditional Use Permit 89-33, were filed
by Regis Contractors, Inc. requesting approval
of a 317 apartment unit project on a 14.35
acre site identified as Lots 21 and FF 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 Regulation, 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.
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Resolution No. 2717
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.
G. 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.
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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.
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Resolution No. 2717
Page 3
II. The Planning Commission hereby conditionally
approves Conditional Use Permit 89-33 and Design
Review 88-58, authorizing construction of a 317
dwelling unit apartment project subject to the
conditions contained in Exhibit A, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 11th day of December,
1989.
LESLIE ANNE PONTIOUS,
Chairman
PENNI FOLEY,
Secretary
EXHIBIT A
DESIGN REVIEW 88-58 AND CONDITIONAL USE PERMIT 89-33
CONDITIONS OF APPROVAL
RESOLUTION NO. 2717
r-rWrVIA T,
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped September
15, 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 and conditional use permit 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. 2718 and
the Subdivision Map Act.
(4) 1.5 The lease agreements for the studio units (Plan A) shall
(5) 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
stucl i o a psi rtments to sign.
---------------------------------------------------------------
SOURCE CODES
(1)
STANDARD CONDITION
(5)
SPECIFIC PLAN
(2)
CEQA MITIGATION
(6)
RESPONSIBLE AGENCY REQUIREMENT
(3)
UNIFORM BUILDING CODE/S
(7)
LANDSCAPING GUIDELINES
(4 )
DESIGN REVIEW
( 8 )
PC/CC POLICY
***
EXCEPTION
V
Exhibit A
Resolution No. 271_7
Page 2
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A. Construction plans, structural calculations, and
Title 24 energy calculations. Requirements of the
Uniform Building Codes, State Handicap and Energy
Requirements shall be complied with as approved by
the Building Official.
(2) B. Preliminary technical detail and plans for all
(3) utility installations including cable TV, telephone,
gas, water and electricity, show locations of all
connections on plans. All utilities shall be
underground, cable TV conduit and wiring shall be
internal, no exterior wiring shall be permitted.
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. 2718.
D. Information, plans and/or specifications to ensure
satisfaction of Conditions 1.1, 1.21 1.31 1.41 1.5
and 1.6 of Exhibit A of Planning Commission
Resolution No. 2718.
E. Information to ensure compliance with Conditions
5.1, 5.2, 5.31 5.4, 5.51 5.6, and 5.7 of Exhibit A
of Planning Commission Resolution No. 2718. .
(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. 2718.
Exhibit A
Resolution No. 2717
Page 3
(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
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.
(1,2) J. Information to ensure compliance with Conditions 4.1
(6) and 4.2 of Planning Commission Resolution No. 2718.
(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 Provide a complete development/construction phasing plan,
including timing of unit construction and street
improvements and ensuring adequate access per phase.
Indicate location of model units, tract fencing and
parking lot as may be applicable. Major recreation area
shall be included in Phase I.
(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. The minimum curb -to -curb widths for ingress and
egress at the project entry shall be 20 and 24 feet,
respectively. Revise the site plan to comply with
this requirement.
Exhibit A
Resolution No. 2717
Page 4
*** B Include the 64 additional covered parking spaces for
condominium conversions. Provide locations and
include architectural details in plan submittals on
site plan; details and schedule for construction of
said spaces will be required to be constructed prior
to conversion of rental units to condominiums as
stated in Condition 10.4 of Exhibit A to Planning
Commission Resolution No. 2718.
*** 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. Site plan shall be revised such that all dimensions
scale out. A minimum 10 foot separation shall be
maintained -between all two-story buildings.
E. The subdivider shall either:
1. Increase the setback from the main loop street
for buildings 26 and 27 from 13 feet to 19; or
2. The lease agreements for units within buildings
26 and 27 shall prohibit tenants from parking
in the 13 foot driveways. 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
affected units to sign. Additionally, the
subdivider shall assume all enforcement
responsibilities and shall enter into an
agreement with a towing company for removal of
vehicles in violation of the lease agreement.
Verification of such an agreement shall be
provided to the Community Development
Department prior to issuance of a certificate
of occupancy for buildings 26 and 27.
I
Exhibit A
Resolution No. 2717
Page 5
(1) 3.2 Modify building elevations and proposed exterior
(4) 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.
E. The materials and design of chimney caps shall be
subject to review and approval by the Community
Development Department.
F. Replace the Eggshell white color scheme with a
stucco color that is darker than the Sansimeons
scheme.
G. Provide a roof tile mix that incorporates 80% dark
tiles and 20% light tiles.
(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.
Exhibit A
Resolution No. 2717
Page 6
Electrical transformers shall be located toward the
interior of the project maintaining a sufficient distance
from frontage of the project.
(1) 3.6 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 shall 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 shall 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.
(1) 3.7 Submit mailbox architectural details indicating color and
(4) exterior treatment (number of coats of paint, wear and
durability features) for review and approval of Director
of Community Development. IIesigns shall be compatible
with main buildings.
(1) 3.8 Automatic garage door openers shall be provided on all
garages, note such on floor plans.
*** 3.9 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.
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
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.
Exhibit A
Resolution No. 2717
Page 7
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 adequacy of 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 when
intended as screen planting.
E. Ground cover shall be planted between 8 to 12 inches
on center.
F. when 1 gallon plant sizes are used the spacing may
vary according to materials used.
G. Up along fences and/or walls and equipment areas,
pr_ovlde .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
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.
Exhibit A
Resolution No. 2717
Page 8
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.
K. Thickly planted landscaping 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.
M. Landscape adjacent to -the right-of-way shall be
coordinated with parkway landscaping. Perimeter
walls should bei treated with vines in order to
relieve large expanses of walls with adding greenery
and color. Vines should be informally grouped with
training devices installed.
N. Mail box locations shall be treated as social nodes
and shall include a bench and trash can with
appropriate landscape and hardscape. All amenities
shall be consistent and compatible with project
architecture.
(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.
(6) 4.4 Extend sidewalks to connect buildings 5, 6, 7, and 8
along eastern property line.
(1) 4.5 Provide details, colors, and materials for decorative
(7) paving materials at project entrance.
(4)
Exhibit A
Resolution No. 2717
Page 9
(1) 4.6 All walls, fences or landscaping adjacent to loop streets
(7) shall be designed to provide adequate sight distance for
(4) vehicles exiting the tract via the private streets.
(1) 4.7 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.
4.8 Indicate lighting scheme for project, note locations of
_ all exterior lights and types of fixtures, lights to be
installed on buildings shall be a decorative design. No
lights shall be.permitted which may create any glare or
have a negative impact on adjoining properties. The
location and types of lighting shall be subject to the
approval of the Director -of Community Development.
Street light fixtures shall be decorative and resemble
site lighting fixtures.
FEES
(1) 5.1 Payment of all fees required in Condition 9.4 of Exhibit
(6) A of Planning Commission Resolution No. 2718.
SR: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. 0-7/2 was duly passed and adopted ata -regular meeting of
the Tustin Planning Commission, held on the day of
198 9 .
6n, )1'e �
PE NI FOLEY
Recording Secretary
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RESOLUTION NO. 2718
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY
COUNCIL APPROVAL OF VESTING TENTATIVE TRACT
MAP NO. 13824
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. 13824 was
submitted to the Planning Commission by Regis
Contractors, Inc., 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 2.09 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 13824 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.
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Resolution No. 2718
Page two
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.
SII. The Planning Commission hereby recommends to the
City Council approval of Vesting Tentative Tract
Map No. 13824, 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.
PENNI FOLEY,
Secretary
a)a74
LESLIE AN PONTIOUS,
Chairman
EXHIBIT A
VESTING TENTATIVE TRACT MAP 13824
RESOLUTION NO. 2718
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. Traffic signal systems and other traffic control
devices
L. Street and paseo lighting -
M. Storm drains and subdrains (* The storm drain facilities
within this tract will, be private drains to be maintained
by the subdivider or Homeowner's Association).
N. Undergrounding of existing and proposed utility
distribution lines
0. Lot monumentation
P. Fire hydrants
--------------------------------------------------------------------
SOURCE CODES
(1)
STANDARD CONDITION
(5)
SPECIFIC PLAN
(2)
CEQA MITIGATION
(6)
RESPONSIBLE AGENCY REQUIREMENT
(3)
UNIFORM BUILDING CODE/S
(7)
LANDSCAPING GUIDELINES
(4)
DESIGN REVIEW
(8)
PC/CC POLICY
***
EXCEPTION
(9)
OTHER MUNICIPAL CODE REQUIREMENT
;xhibit A
Resolution No. 2718
Page 2
Q. Bus turnouts and other facilities such as bus benches in
accordance with Orange County Transit Turnout Design
Guidelines, subject to approval of City Engineer. as to
need and location. Approval from the Department of
Community Development shall also be required on the
actual architectural design on any installed bus stop
improvement.
(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) 1.4 Preparation of plans for aiid construction of:
(2) a
(6) As, All sanitary sewer facilities shall 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 shall be designed 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.
�;xhibit A
Resolution No. 2718
Page 3
C. All utility connections in Jamboree Road,.including but
not limited to storm drain, sewer, water, gas and
electrical, shall conform to the size and locations shown
on City Plans No. R-1419, sheets 21 and 22.
(7) 1.5 Proposed private streets shall be designed to the
(5) following specifications:
(G)
A. All proposed streets shall be designed in
substantially the same width and alignment as shown
on the approved tentative map unless modified and
approved by the Directors of Community Development
and Public Works.
1) The primary loop street shall be considered a
private street and shall be at least 28 feet
in width from curb to curb, and shall include
a 5 foot sidewalk, street trees, and street
lights.
2) Provide radii for private streets/drives
intersections of main loop with 25' drives
(requiring a minimum radius of 5 feet).
3) Show curb cut locations and provisions for
wheelchair ramps. Demonstrate that handicap
stalls tie cap into on-site pedestrian walk-
way system. Note driveway approach on top of
'x' shall not encroach into curb returns.
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.
,xhibit A
Resolution No. 2718
Page 4
E . The project entry at Champion Way shall have minimum
curb -to -curb widths for ingress and egress of 20 and
24 feet, respectively. Revise the tentative map and
typical street section accordingly.
(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.
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.
(1) 3.3 Prior to any work in the public right-of-way, an Excavation
Permit shall be obtained from and applicable fees paid to the
Public Works Department.
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
'16)
right-of-way easements, vehicular access
rights, sewer
easements and water easements defined
and
approved as to
specific location by the City Engineer
and
other reasonable
agencies.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 3.1 Prior to recordation of the final map, subdivider shall 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 shall be obtained from and applicable fees paid to the
Public Works Department.
xhibit A
Resolution No. 2718
Page 5
GRADINGZGENERAL
(1) 4.1 Prior to issuance of grading permits:
(2)
(6) A. A detailed soil 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 requir6ments:
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.
,xhibit A
Resolution
Page G
No. 2718
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 storm runoff, dust and windblown earth
problems.
C. Submittal of a construction traffic routing plan to be
reviewed and approved:by the Director of Public Works.
4.2 All earthwork shall be performed in accordance with the City
of Tustin Municipal Codes and grading requirements.
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 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.
xhibit A
Resolution No. 2718
Page 7
i
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.
505 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 Fire Chief.
5.6 Prior to the issuance of any building permits, construction
details for any controlled entry access shall be approved by
the Fire Chief. These details shall include width, clear
height, and means of emergency vehicle over -ride.
NOISE
(1) 6.1 Prior to the issuance of any building permits:
(2)
(3) A. A final acoustical analysis report describing the
acoustical design features of the structures required to
satisfy the exterior and interior noise standards shall
be submitted to the Tustin Community Development
Department for approval along with satisfactory evidence
which indicates that the sound attenuation measures
specified in the approved acoustical report(s) have been
incorporated into the design of the project. The
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.
,xhibit A
Resolution No. 2718
Page 8
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
shall provide information on single event noise
measurements as generated by helicopter flyovers for
information purposes only.
(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
(9) be subject to the provisions of the City of Tustin Noise
Ordinance and shall take place on-ly 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
sub.stantial 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.
CCR'S
(1) 7.1 Prior to approval of the final map, all organizational
(3) documents for the project including any deed restrictions,
(8) covenants, conditions, and restrictions shall be Submitted to
(9) and approved by the Community Development Department and City
Attorney's Office. Costs for such review shall be borne by
the subdivider. A copy of the final documents shall be
submitted to the Community Development Department after their
recordation. CCR's shall include but not be limited to the
following provisions:
Jxhibit A
Resolution No. 2718
"Page 9
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 CCR's for enforcement purposes of those
CC&R provision:s in which the City has interest, as
reflected by the following B through Q. 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
(Lot B) , recreation areas, pools and spas, private parks,
walls and fences, private roadways (i.e., walks,
sidewalks, trails) and emergency access easement on the
subject lot and provisions for inclusion in a Master
Association for lots 21 and 22 of Tract 12870, related
to use and maintenance of Champion Way.
D. Membership in any Homeowner's Association shall be
inseparable from ownetship 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.
:hibit A
Resolution No. 2718
Page 10
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 paseo shall be
maintained so that they are safe for users.
Significant pavement cracks, pavement distress,
excessive slab settlement, abrupt vertical
variations and debris on travel ways should be
removed or repaired promptly.
(3 ) Common areas shall be maintained in such a manner
- as to avoid the reasonable determination of a duly
authorized- official of the City that a public
nuisance has been created by the absence of adequate
maintenance such as to be detrimental to public
health, safety, or general welfare, or that such a
condition of deterioration or disrepair cause harm
or is materially detrimental to property values or
improvements within the boundaries of the
subdivision and Homeowner's Association, to
surrounding property, or to property or improvements
within three hundred (300) feet of the property may
also be added as alternative language.
O
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 fot purpose of
loading, unloading, making deliveries or emergency
repairs except that the Homeowner's Association may adopt
rules and regulations to authorize exceptions.
,thibit A
Resolution No. 2718
Page 11
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. All assigned
spaces shall be covered (carport or garage), with the
exception of the one bedroom unit, where only one covered
space is required (the .5 space is open).
J. The occupants of the studio units (Plan A) shall be
restricted to a maximum of one vehicle per unit within
the project.
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 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.
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/fences 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.
_xhibit A
Resolution No. -.2718
•Page 12
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.
Q. If Buildings 26 and 27 retain a 13 foot setback/driveway,
occupants of units within said buildings shall be
restricted from parking in the driveways. Furthermore,
the Homeowner's Association shall assume enforcement
responsibilities of said restriction and shall enter into
an agreement with a towing company for removal of
vehicles that violate said restriction. verification of
such an agreement shall be provided to the Community
Development Department prior to January 1st of each year.
TENANT/HOMEBUYER NOTIFICATION
(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.
thibit A
Resolution No. 2718
Page 13
C. The subdivider shall submit for review and approval by
the Director of Community Development, a copy 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: -
(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.
(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.
Khibit A
Resolution No. 2718
Page 14
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 pnr.cel assessments, the preparation of the revised
assessment diagram and other required administrative duties
related to any Assessment Districts applicable to the
subdivision.-
(6).
ubdivision._(6). 9.3 Prior to recordation of any final map, subdivider shall pay
all Assessment District No. 86-2 Reapportionment Fees.
,_) 9.4 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.
WE. 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. East Tustin Facility Fees as established by Resolution
No. 88-12, prior to issuance of building permits.
_xhibit A
Resolution No. 2718
Page 15
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. Subdivider shall submit a duplicate mylar of the Final
Map, or 8 1/2 inch by 11 inch transparency of each map
sheet prior to final map approval and "as built" grading,
landscape and improvement plans prior to certificate of
acceptance.
(1) 10.4 Prior to actual conversion of rental units to condominium
units for sale, the subdivider shall complete construction and
obtain final building permit approval for 64 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, as
amended.
(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
uses; or equivalents as shown in the East Tustin Specific Plan
Development Agreement.
_xhibit A
Resolution No. 2718
Page 16
10.7 Prior to release of building permits all conditions of
approval of Design Review 88-58 of the subject project shall
be complied with as shown on Exhibit A attached to Resolution
No. 2717 and incorporated herein by reference.
10.8 Reciprocal access (vehicular, parking and pedestrian)
easements between all lots created by Vesting Tentative Tract
13824 shall be noted on any final map.
10.9 All applicable conditions of approval of previously approved
Tract 12870, as amended, shall apply to Tract 13824.
*** 10.10 Approval of this map shall be subject to City Council approval
of the second amendment to Final Tract Map 12870. Failure of
the City Council to approve the second amendment to Final
Tract Map 12870 shall cause all Planning Commission approvals
of Vesting Tentative Tract Map 13824, and all related
applications, to become null and void. Additionally, the
second amendment to Final Map 12870 shall be recorded prior
to issuance of any permits for this map and related
applications.
*** 10.11 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.
*** 10.12 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.
*** 10.13 Prior to approval of the final map, delete Lot C from Tract
13824, resulting in a total, of two ( 2 ) lettered lots (A & B)
on the final map, and adjust the tract boundary to exclude
' Champion Way.
r,` kb
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. a2 "7 / was duly passed and adopted at a egular meeting of
the Tustin Planning Commission, held on the day of
198.
PENNI FOLEY
Recording Secretary