HomeMy WebLinkAboutCC 6 TENT P.M. 90-104 08-06-90DATE:
TO:
FROM:
SUBJECT:
AUGUST 61 1990
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
TENTATIVE PARCEL MAP 90-104
RECOMMENDATION
Consent Calendar No. 6
8-6-90
Inter - Com
It is recommended that the City Council approve Tentative Parcel
Map 90-104 by the adoption of Resolution No. 90-79, as submitted or
revised.
BACKGROUND
On January 8, 1990 the Planning Commission approved Conditional Use
Permit 89-47 and Design Review 89-68 to construct a 45,376 square
foot retail/restaurant center on a 3.11 irregularly shaped site
located south of the I-5 Freeway and west of Newport Avenue. The
project site is located in the South Central Redevelopment Project
Area, therefore requiring Redevelopment Agency review and approval.
The Design Review was reviewed and approved by the Redevelopment
Agency on January 15, 1990. As approved, the project would include
two phases of development, Phase I includes two retail buildings
paralleling the I-5 freeway and a Carl's Jr. Restaurant. Phase II
includes a third retail building facing Newport Avenue.
While the approved development plans originally showed buildings
constructed over existing lot lines, it was always anticipated that
the existing 10 lots on the site would be consolidated consistent
with the proposed phasing of the project. A condition of approval
was therefore placed on the project requiring the applicant to
process a Tentative Parcel Map to consolidate the parcels. The
parcel map will provide individual lots for each building
facilitating its utilization for leasing purposes.
ANALYSIS
Staff has reviewed this project for conformance with the Zoning
Code and Subdivision Map Act. Specific issues of the project are
discussed below:
1. Parcel Size - Phase I of the approved development plan
includes three (3) irregularly shaped parcels: Parcel 1
is 27,514 square feet, Parcel 2 is 55,433 square feet and
Parcel 3 is 30,325 square feet. Phase II includes Parcel
City Council Report
Tentative Parcel Map 90-104
July 91 1990
Page 2
4 which is 33,572 square feet. The irregular
configuration of the parcels is for the purpose of
providing the required number of parking spaces for the
uses served on each individual parcel.
Although Parcel 4 was a part of the approved development
plan showing Building D, it is not a part of the Parcel
Map at this time due to conflicts the developer has
encountered negotiating with the current property owner.
The parcels created by this Parcel Map do not alter the
previously approved development plans and conform to the
City of Tustin minimum lot size requirements for
commercial districts. Because the subject parcels are
zoned Planned Community Commercial, the development
standards are established through the Conditional Use
Permit process.
2. Parcel Reciprocal Access and Necessary Parking - Parcel
21 3 and 4 have street frontage along Newport Avenue; 40
feet, 175 feet and 218 feet, respectively. Parcel 1 has
180 lineal feet of frontage on "B" Street. As part of
the original Development Plan, two (2) access driveways
are proposed along Newport Avenue, one on Parcel 2 and
the other on Parcel 4. Parcel 1 would have direct access
on "B" Street and will also primarily be accessed from
Newport Avenue by a reciprocal access easement across
Parcel 2. Parcel 2 will also provide reciprocal access
to Parcel 3.
There are a total of 150 parking spaces required for the
subject project, excluding Parcel 4 (Building D). The
lot configuration, as proposed, will accommodate each use
separately so that each of the proposed parcels will be
able to contain the required number of parking spaces for
the use it serves, common access driveways however will
be shared. For this reason, the properties must agree to
a reciprocal pedestrian parking and access agreement and
grant of easements allowing customer and employee parking
and access from anywhere within the development site.
This agreement must be filed on all four parcels and be
recorded concurrently with the Final Map, even though
Parcel 4 is not included in the Parcel Map at this time.
The approved development plans included Parcel 4 and it
is anticipated that it will be a part of this project,
Community Development Department
City Council Report
Tentative Parcel Map 90-104
July 91 1990
Page 3
therefore the access agreement is necessary.
CONCLUSION
Staff has approved the proposed Tentative Map for conformance with
the Tustin City Code and the Subdivision Map Act. The site is
suitable for the development previously approved and the lot
configuration proposed on the map attached hereto. With the
inclusion of conditions of approval listed in Planning Commission
Resolution No. 2795 it is recommended that the City Council approve
Tentative Parcel Map 90-104.
Beth Schoemann Christine A�/Shingleton
Associate Planner Director o %Community Development
BS:CAS:kbc
Attachments: Resolution No. 90-79
Exhibit "A" Conditions of Approval
Parcel Map 90-104
Planning Commission Resolution No. 2795
Community Development Department
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RESOLUTION NO. 90-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, APPROVING TENTATIVE PARCEL MAP 90-
104 LOCATED AT 14041 NEWPORT AVENUE.
The City Council of the City of Tustin does hereby
resolve as follows:
I. The City Council finds and determines as follows:
A. That Tentative Parcel Map 90-104 was submitted
to the City Council pursuant to Ordinance 847
by James Brennan Inc. on behalf of CMS
Development requesting authorization to
consolidate ten (10) parcels into four (4).
B. That a public hearing was duly called, noticed
and held for said map.
C. This project is Categorically Exempt, Class 15
from 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,
and Subdivision Map Act.
E. That the site is physically suitable for the
type of development proposed.
F. That the site is physically suitable for the
proposed density of development.
G. That the design of the subdivision of the
proposed improvements are not likely to cause
substantial environmental damage or
substantially and avoidably injure fish or
wildlife in their habitat.
H. 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.
I. That the design of the subdivision or the
types of improvements proposed are not likely
to cause serious public health problems.
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Resolution No. 90-79
Page 2
City Council hereby approves Tentative Parcel
Map No. 90-104 subject to the conditions
attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of
Tustin, at a regular meeting on the 16th day of July,
1990.
MARY WYNN
City Clerk
RICHARD EDGAR
Mayor
EXHIBIT A
TENTATIVE TRACT MAP 90-104
RESOLUTION NO. 90-79
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 1.1 Prior to recordation of final map, the Subdivider shall
(2) prepare plans for and construct or post security
(3) guaranteeing construction of all public and/or private,
(6) infrastructure improvements within the boundary of said parcel
map in conformance with applicable City standards, including
but not limited to the following:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
Curb and gutter/cross gutters
Sidewalks including access facilities for physically
handicapped persons
Drive aprons/approach
Landscaping/irrigation facilities
Sanitary sewer service facilities
Domestic water service facilities
Reclaimed water service facilities
Utility connections (i.e.: gas, electric, telephone)
Traf f is signal systems and other traf f is control devices
Storm drains and subdrains
Undergrounding of existinc
distribution lines
Lot monumentation
Fire hydrants
Street paving
Street lighting
and proposed utility
(1) The amount of acceptable security for construction of public
improvements shall be reviewed and approved by the Public
Works Department. The amount and acceptable security for
private improvements shall be reviewed and approved by the
Building Official.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE(S) (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A
Resolution No. 90-79
Page 2
(1) 1.2 All construction within a public right-of-way and/or public
(6) easement must be shown on a separate 24" x 36" plan with all
construction referenced to applicable City, County, or Irvine
Ranch Water District standards drawing numbers.
(1) 1.3 All changes in existing curbs, gutters, sidewalks and other
(6) public improvements shall be responsibility of subdivider.
(1) 1.4 Preparation of plans for and construction of:
(2)
(6) A. All sanitary sewer facilities must be submitted as
required by the City Engineer and local sewering agency.
These facilities shall include a gravity flow system per
standards of the Irvine Ranch Water District.
B. A domestic water system must be designed and installed to
the standards of the City of Tustin Water Department.
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.
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 right-of-way easements,
(6) vehicular access rights, sewer easements and water easements
(8) defined and approved as to specific locations by the City
Engineer and other appropriate 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
Exhibit A
Resolution No. 90-79
Page 3
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 from and applicable fees paid to the
Public Works Department.
GRADING/GENERAL
(1) 4.1 Prior to issuance of grading permits:
(2)
(6) A. A detailed 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.
2.
3.
Methods of drainage in accordance with all
applicable City standards.
All recommendations submitted by geotechnical or
soils engineer and specifically approved by them.
A drainage plan and necessary support documents
such as a hydrology calculations to comply with the
following requirements:
a. Provisions 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.
C. Provision of drainage facilities to protect
the lots from any high velocity scouring
action.
Exhibit A
Resolution No. 90-79
Page 4
d. Provision for tributary drainage from
adjoining properties.
4. All flood hazard areas of record.
5. 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.
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
(1) 5.1 The subdivider shall comply with all requirements of the
(6) Orange County Fire Marshal, including required fire flow,
(2) 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.
(1) 5.2 Prior to issuance of building permits for combustible
(6) construction, evidence that adequate water supply and
(2) operational fire hydrants are available for fire protection
shall be submitted and approved by the Orange County Fire
Marshal. The subdivider shall also submit water improvement
plans for approval of Fire Marshal.
(1) 5.3 A construction phasing plan shall be submitted for review and
(6) approval by the Fire Chief for the evaluation of emergency
Exhibit A
Resolution No. 90-79
Page 5
vehicles access.
(1) 5.4 Prior to the issuance of any building permits, all underground
piping for automatic fire extinguishing systems shall. be
approved and installed. Plans for an automatic fire
extinguishing system shall be approved by the Fire Chief prior
to installation. Such systems shall be operational prior to
the issuance of a certificate of use and occupancy.
(1) 5.5 Prior to the issuance of any certificates of use and
occupancy, the private street shall be red curbed and posted
"No Parking -Fire Lane" as per 1985 Uniform Fire Code Section
10.207 in a manner meeting the approval of the County Fire
Chief.
(1) 5.6 A looped water system may be required between Newport Avenue
and "B" Street. This will depend on the fire protection
requirements as determined by the Orange County Fire Marshal.
NOISE
(1) 6.1 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 only during the hours of 7:00
a.m. until 6:00 p.m., Monday through Friday unless the
Building Official determines that said 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.
FEES
(1) 7.1 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) 7.2 Prior to issuance of Certificates of Use or Occupancy, the
(6) Subdivider shall pay all costs related to the calculation of
the revised parcel assessments, the preparation of the revised
assessment diagram and other required administrative duties
related to any Assessment Districts applicable to the
subdivision.
(1) 7.3 Prior to issuance of any building permits, payment shall be
(3) made of all required fees including:
Exhibit A
Resolution No. 90-79
Page 6
(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. East Orange County Water District fees.
H. Contribution to ,transportation system improvements as
required in the Joint Powers Agreement between the City
of Tustin and City of Santa Ana dated November 6, 1989
and as identified as the Tustin -Santa Ana Transportation
System Authority Agreement. Said fee shall be based on
$2.60 per square feet of gross floor area. Said fee
amount is subject to change. Applicant must pay
prevailing fee amount at time payment is required.
GENERAL
(1) 8.1 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) 8.2 Prior to occupancy of units, the Subdivider shall record a
final map in conformance with appropriate tentative map.
(1) 8.3 All easements of record shall be shown on the final map.
(1) 8.4 Prior to final map approval:
Exhibit A
Resolution No. 90-79
Page 7
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.
8.5 The applicant shall execute and file an agreement to be
reviewed and approved by the Community Development Department
providing joint parking and access agreements through the
project site and executed concurrently with the final map.
8.6 Prior to release of building permits, all conditions of
approval of Design Review 89-68 or the subject project shall
be complied with as shown on Exhibit A attached to Resolution
RDA 90-2 and incorporated herein by reference.
8.7 Corrections to the Map shall include the following:
1. The crosshatching on the 25 foot landscaped area on the
northeast corner of the map shall be removed.
2. The fourth Parcel containing Building D shall be shown as
a part of the Parcel Map.
3. The legal description on the Parcel Map shall reflect the
inclusion of the fourth parcel.
4. Building D shall show the setback of 18 inches which was
agreed upon at the January 15, 1990 City Council meeting.
8.8 The applicant shall execute and file an agreement with the
Public Works Department agreeing to maintain all landscaping
in the public parkways adjacent to the site.
8.9 The applicant shall have the Final Parcel Map recorded with
the County of Orange prior to issuance of any building permits
for any phase of the project.
CCR'S
(1)
9.1 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
Exhibit A
Resolution No. 90-79
Page 8
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 in protecting the public
health and safety and ensuring the quality and
maintenance of common areas under control of an
Association, the City shall be included as a party to the
CCR's for enforcement purposes of those CC&R provisions
in which the City has interest, as reflected by the
following B through O. 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,
parking area, walls and fences, driveways.
D. Architectural controls shall be provided and may include
but not be limited to provisions regulating exterior
finishes, roof materials, fences and walls, awnings,
additions, exterior mechanical equipment, television and
radio antenna.
E. 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.
Exhibit A
Resolution No. 90-79
Page 9
2. All drive areas, 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 three hundred (300)
feet of the property may also be added as
alternative language.
F. All plans for exterior improvements shall conform to
requirements set forth by the City and the CCR's.
G. All utility services serving the site shall be installed
and maintained underground.
H. 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.
I. Perimeter project block walls to be constructed on
private property shall be maintained and replaced, if
necessary by the Association. This shall not preclude an
Association from assessing charges to individual property
owners for structural damage to the wall or fence.
J. No amendment to alter, modify, terminate or change the
Association's obligation to maintain the common areas and
the project perimeter wall (include if the wall is
located on private property) or other CC&R provisions in
which the City has an interest, as noted above, or to
alter, modify, terminate or change the City's right to
Exhibit A
Resolution No. 90-79
Page 10
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.
BS: kbc
TENTATIVE PARCEL MAP No. 90-104..
IN THE CITY OF TUSTIN, COUNTY OF ORANGE
STATE OF CALIFORNIA
FESUARY•1990
A- 30 'T
I -I TOTAL NUMBER OF PARCELS • 4
' "�"•':,,,, r' _� TOTAL GROSS AREA • 113 •2T 2 S.F.
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MANHOLE MN, 0 EXPIRATION. DATE: 9/30/93
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RESOLUTION NO. 2795
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, RECOMMENDING- APPROVAL OF
TENTATIVE PARCEL MAP 90-104 LOCATED AT 14041
NEWPORT AVENUE.
The Planning Commission of the City of Tustin does
hereby resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. That Tentative Parcel Map 90-104 was submitted
to the Planning Commission pursuant to
Ordinance 847 by James Brennan Inc. on behalf
of CMS Development requesting authorization to
consolidate ten (10) parcels into four (4).
B. That a public hearing was duly called, noticed
and held for said map.
C. This project is Categorically Exempt, Class 15
from 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,
and Subdivision Map Act.
E. That the site is physically suitable for the
type of development proposed.
F. That the site is physically suitable for the
proposed density of development.
G. That the design of the subdivision of the
proposed improvements are not likely to cause
substantial environmental damage or
substantially and avoidably injure fish or
wildlife in their habitat.
H. 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.
I. That the design of the subdivision or the
types of improvements proposed are not likely
to cause serious public health problems.
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Resolution No. 2795
Page 2
Planning Commission hereby recommends to the
City Council approval of Tentative Parcel Map
No. 90-104 subject to the conditions attached
hereto as Exhibit A.
PASSED AND ADOPTED by the Planning Commission of the
City of Tustin, at a regular meeting on the 9th day of
July, 1990.
i
Secretary
DONALD LE JEUNE
Chairman
EXHIBIT A
TENTATIVE TRACT MAP 90-104
RESOLUTION NO. 2795
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 1.1 Prior to recordation of final map, the Subdivider shall
(2) prepare plans for and construct or post security
(3) guaranteeing construction of all public and/or private,
(6) infrastructure improvements within the boundary of said parcel
map in conformance with applicable City standards, including
but not limited to the following:
A.-
C
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
Curb and gutter/cross gutters
Sidewalks including access facilities for physically
handicapped persons
Drive aprons/approach
Landscaping/irrigation facilities
Sanitary sewer service facilities
Domestic water service facilities
Reclaimed water service facilities
Utility connections (i.e.: gas, electric, telephone)
Traffic signal systems and other traffic control devices
Storm drains and subdrains
Undergrounding of existing
distribution lines
Lot monumentation
Fire hydrants
Street paving
Street lighting
and proposed utility
(1) The amount of acceptable security for construction of public
improvements shall be reviewed and approved by the Public
Works Department. The amount and acceptable security for
private improvements shall be reviewed and approved by the
Building Official.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE(S) (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A
Resolution No. 2795
Page 2
(1) 1.2 All construction within a public right-of-way and/or public
(6) easement must be shown on a separate 24" x 36" plan with all
construction referenced to applicable City, County, or Irvine
Ranch Water District standards drawing numbers.
(1) 1.3 All changes in existing curbs, gutters, sidewalks and other
(6) public improvements shall be responsibility of subdivider.
(1) 1.4 Preparation of plans for and construction of:
(2)
(6) A. All sanitary sewer facilities must be submitted as
required by the City Engineer and local sewering agency.
These facilities shall include a gravity flow system per
standards of the Irvine Ranch Water District.
B. A domestic water system must be designed and installed
to the standards of the City of Tustin Water Department.
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.
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 right-of-way easements,
(6) vehicular access rights, sewer easements and water easements
(8) defined and approved as to specific locations by the City
Engineer and other appropriate 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
Exhibit A
Resolution No. 2795
Page 3
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 from and applicable fees paid to the
Public Works Department.
GRADING/GENERAL
(1) 4.1 Prior to issuance of grading permits:
(2)
(6) A. A detailed 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. A drainage plan and necessary support documents such
as a hydrology calculations to comply with the
following requirements:
a. Provisions 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.
C. Provision of drainage facilities to protect the
lots from any high velocity scouring action.
d. Provision for tributary drainage from adjoining
Exhibit A
Resolution No. 2795
Page 4
properties.
4. All flood hazard areas of record.
5. 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.
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
(1) 5.1 The subdivider shall comply with all requirements of the
(6) Orange County Fire Marshal, including required fire flow,
(2) 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.
(1) 5.2 Prior to issuance of building permits for combustible
(6) construction, evidence that adequate water supply and
(2) operational fire hydrants are available for fire protection
shall be submitted and approved by the Orange County Fire
Marshal. The subdivider shall also submit water improvement
plans for approval of Fire Marshal.
(1) 5.3 A construction phasing plan shall be submitted for review and
(6) approval by the Fire Chief for the evaluation of emergency
vehicles access.
Exhibit A
Resolution No. 2795
Page 5
(1) 5.4 Prior to the issuance of any building permits, all underground
piping for automatic fire extinguishing systems shall be
approved and installed. Plans for an automatic fire
extinguishing system shall be approved by the Fire Chief prior
to installation. Such systems shall be operational prior to
the issuance of a certificate of use and occupancy.
(1) 5.5 Prior to the issuance of any certificates of use and
occupancy, the private street shall be red curbed and posted
"No Parking -Fire Lane" as per 1985 Uniform Fire Code Section
10.207 in a manner meeting the approval of the County Fire
Chief.
(1) 5.6 A looped water system may be required between Newport Avenue
and "B" Street. This will depend on the fire protection
requirements as determined by the Orange County Fire Marshal.
NOISE
(1) 6.1 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 only during the hours of 7:00
a.m. until 6:00 p.m., Monday through Friday unless the
Building Official determines that said 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.
FEES
(1) 7.1 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) 7.2 Prior to issuance of Certificates of Use or Occupancy, the
(6) Subdivider shall pay all costs related to the calculation of
the revised parcel assessments, the preparation of the revised
assessment diagram and other required administrative duties
related to any Assessment Districts applicable to the
subdivision.
(1) 7.3 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
Exhibit A
Resolution No. 2795
Page 6
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. East Orange County Water District fees.
H. Contribution to transportation system improvements as
required in the Joint Powers Agreement between the City
of Tustin and City of Santa Ana dated November 6, 1989
and as identified as the Tustin -Santa Ana Transportation
System Authority Agreement. Said fee shall be based on
$2.60 per square feet of gross floor area. Said fee
amount is subject to change. Applicant must pay
prevailing fee amount at time payment is required.
GENERAL
(1) 8.1 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) 8.2 Prior to occupancy of units, the Subdivider shall record a
final map in conformance with appropriate tentative map.
(1) 8.3 All easements of record shall be shown on the final map.
(1) 8.4 Prior to final map approval:
A. Subdivider shall submit a current title report.
Exhibit A
Resolution No. 2795
Page 7
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.
8.5 The applicant shall execute and file an agreement to be
reviewed and approved by the Community Development Department
providing joint parking and access agreements through the
project site (Parcel 1, 21 3 of TPM 90-104) and adjacent
parcel commonly known as the northeasterly 61.5 feet of Lot
1 of Tract No. 519 and Lot 2 of Tract No. 519 and executed
concurrently with the final map.
8.6 Prior to release of building permits, all conditions of
approval of Design Review 89-68 or the subject project shall
be complied with as shown on Exhibit A attached to Resolution
RDA 90-2 and incorporated herein by reference.
8.7 Corrections to the Map shall include the following:
1. The crosshatching on the 25 foot landscaped area on the
northeast corner of the map shall be removed.
8.8 The applicant shall execute and file an agreement with the
Public Works Department agreeing to maintain all landscaping
in the public parkways adjacent to the site.
8.9 The applicant shall have the Final Parcel Map recorded with
the County of Orange prior to issuance of a certificate of
occupancy for any phase of the project.
CCR'S
(1) 9.1 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:
A. Since the City is interested in protecting the public
health and safety and ensuring the quality and
Exhibit A
Resolution No. 2795
Page 8
maintenance of common areas under control of an
Association, the City shall be included as a party to
the CCR's for enforcement purposes of those CC&R
provisions in which the City has interest, as reflected
by the following B through O. 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,
parking area, walls and fences, driveways.
D. Architectural controls shall be provided and may include
but not be limited to provisions regulating exterior
finishes, roof materials, fences and walls, awnings,
additions, exterior mechanical equipment, television and
radio antenna.
E. 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 drive areas, 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.
Exhibit A
Resolution No. 2795
Page 9
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 three hundred (300) feet of the
property may also be added as alternative language.
F. All plans for exterior improvements shall conform to
requirements set forth by the City and the CCR's.
G. All utility services serving the site shall be installed
and maintained underground.
H. 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.
I. Perimeter project block walls, to be constructed on
private property shall be maintained and replaced, if
necessary by the Association. This shall not preclude
an Association from assessing charges to individual
property owners for structural damage to the wall or
fence.
J. No amendment to alter, modify, terminate or change the
Association's obligation to maintain the common areas and
the project perimeter wall (include if the wall is
located on private property) or other CC&R provisions in
which the City has an interest, as noted above, or to
alter, modify, terminate or change the City's right to
enforce maintenance of the common areas and maintenance
of the project perimeter wall, shall be effective without
the prior written approval of the City of Tustin
Community Development Department.
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