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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 1' V 2! 21 22 24 2" t) 2G 27 28 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. 1 2 31 4 5 G i 8 1OI 11 II 12 131 14 15 U, 1; 18 19 20 21 22 23 24 .fi�' r t► 26 27 28 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. duLl ZONING : PC _i .--� TYPICAL SECTION NEWPORT AVENUE NOT 10 SCATE O 54.1! � I DOFF F '- - ' 146 ! -� � •� I PNP _ - BIZ pO 00 N - .13 R • .- • - \ SRN! 9 0 fid • I ,i -'r F �II•�r� / �\ �W.,. •' �! i / � -- -,-,� ��i i _ - PAR 3 , y II VII p.1 AVie/ �► / / --- -- - I II_ - �». �. I I(y IQ _5. 9'3i SQ'L. I 28 / — as 46 I — " 421 ..o I ���\ �/ S� 4k Iii II#4 all I 1 W t V-4 II � I \ � I• II 1 Rx r � S eiD I ! II "A S.5 40 "E.-I54JJ�' I I rad i' y. r rocIf 77 7 F/f C MITCHELL AVENUE 1 �I' 1�!.NI �0 LEGEND LEGAL DESCRIPTION NOTE: f 6 �t /Uf /.!)V Cr ;e" ,t ,t .?t �:IC•.r O•CQ'd'OS ALL-IAAItR SERvIctE To K PMOVIMO 1111 ISI, .4, ExISTING CONTOURS L•_C iPtgt 43L _ ' —1114}--'' - -- ...tX�//.l�V /O 'f,.'' JU.ril' Of .'U.S'J.;1' HR e9 Ile ILT!p"Us"2MI � (A I" •� 5(1!'Ei EMIS TING CHAIN LOW FENCE ____- CL F. --- •-- -- • ----- !. J iSXiiV' •: J'C Ff ';CHS 0' /OT / ,✓AA! V / 0/ yyt[wER KRVK[s TO K MOVDED er• lCJ'J• Y -�VU.P (i' t!!F:"!2t'J.4GFN!/L/.YAC/, CFTr d TutT- �,N. �FISJF C - EXISTING WOOD OR BLOCK FENCE__ Wv-18F. 1�----••- - 11 ,Iff'ir ✓ %• .'2f44".ON A' ZCIr 4"CY J�'�JC'T GAs %NvILts To K r•Ovnto •r: EMISTIN6 STRUCTURE- _-____ 1-n-•�+ tb 3✓!, ./RN ilu /✓. ,f!:: DAPI/GV q`- a jQuTNERN CALLFOA%IA GAS CO / EXISTING EDGE a PAVEMENT _ E _.. _ >`. SJ,EY! C-+:9.0 VU.�itf✓). ELECTRICAL URVICE TO K PROVIKo Br: E MISTING CURB AND GUTTER____ C BG.y jWTN[RN CAI IF Ii EDIfON CO. NOTE V.HY]E�VICE{ TO K PROVIDED 4YI EXISTING POWER POLE _____-_P.P -- -- O TIIL PROPERTY OWNERS OF RECORD CONSENTS=1-�c �/''- EXISTING TRAFFIC SIGNAL__-__ i5.- ---0-.4 1V 11X. tILIN4 OE TENIAIIVt PARCEL MAP NOo`I SUL•I •"( EXISTING STREET LIGHT _____-SL.------� - 41 90-104. , S, I'SE.PB4` ,,4'" EXISTING YARD LIGHT _____--Y L --- E X15T ING ---EXISTING FIRE NYORANT _..--__- F H. EXISTING GRATE INLET G.I.- - r - `i -_-_-- _. -. --_-. - -_- - -_ Y r 1, lJl M EXISTING CATCH BASIN------ C B FLOW ARROWS ULTIMATE FREEWAY RIGHT-OF-VAY ULT FRWYR/W -_-_- •, •T �' ULTIMATE STREET RIGRT-OF-WAY LILT SI R/W _- - -- -� - --_---- �- - C;:. E STREfiT RIGHT-OF-WAY ST. R/W No BY R V 1 ATE APPROVED- STREET PPR V STREET CLNTERLINE — PREPARED ME: PREPARED IN THE OFFICE OF: WATER LINE --- - - W PROPERTY LINE -- CMS DEVEI ONMENT COMPANY JAMES J BRENVIL INC. 3199 A�S AIRPORT 100V DRIVE CONSULTING CIVIL ENGINEERS SEWER LINE - - S- COSTA MESA, CALIFORNIA 92626 191 SOUTH ORANGE STREET GAS LINE - G PHONE 1744)850-0615 ORANGE CALIFORNIA 92666 STORM DRAIN _ ==3 D. _ PHONE: (;14) 997 - 2540 TELEPHONE LINE ---- - .--T- --'--" J�& - / O MANHOLE MN, 0 EXPIRATION. DATE: 9/30/93 VICINITY MAP NOT TO SCALE 1 4 J G 8 9 1O 11� 12 i 13 I 14 1� 1G 17 13 iJ 20 21 22 23 24 2- 26 27 28 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. 1 3 4 5 G 8 10 11� 12 13 14 15 1G li 13 iJ 20 21 22 23 24 25 26 27 28 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. BS: kbc