HomeMy WebLinkAboutCC 3 T.T. 14183 10-01-90'CONSENT CALENDAR NO. 3
10-1-90
y�rr .a : v.M. •
Inter - Com
DATE: OCTOBER 11 1990
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: VESTING TENTATIVE TRACT 14183
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the Environmental Determination for the project by
adopting Resolution No. 90-126;
2. Approve Vesting Tentative Tract Map 14183 by adopting
Resolution No. 90-127.
BACKGROUND
At their regular meeting on September 10, 1990, the Planning
Commission adopted Resolution No. 2826 recommending approval to the
City Council of Vesting Tdntative Tract No. 14183 and Resolution
No. 2825 approving Design Review 89-85, a proposal to subdivide an
11.7 acre site into 6 numbered lots and 3 lettered lots for the
purposes of developing 180 condominium dwelling units.
Located in Sector 2 of the East Tustin Specific Plan (ETSP), the
site is bordered by Jamboree Road to the east, Pioneer Road and Lot
7 of Tract 13627 to the west, Lot 3 of Tract 13627 to the north and
Lot 5 of Tract 13627 to the south. Anticipated development in the
vicinity include single-family detached dwellings to the north,
west and south.
PROJECT DESCRIPTION/SITE PLAN
The ETSP designates the project site as Medium Density Residential.
The maximum allowable density for this land use designation is 18
dwelling units per acre. However, the proposed density is 15.4
dwelling units per acre, approximately 15 percent less than the
allowable density.
Access to the site is proposed from one ingress/egress point on
Pioneer Road, approximately 21000 feet south of Patriot Way. The
internal circulation system consists of a 'Y' shaped backbone
private street leading into four clusters in each quadrant of the
site. The clusters utilize 25 foot wide private streets and drives
City Council Report
Vesting Tentative Tract Map 14183
October 1, 1990
Page 2
to provide access to each of the units. The site plan, which meets
the ETSP standards for private street and drive widths and
setbacks, provides 78 guest parking along the backbone street and
in the individual clusters. All resident parking is provided by
108 two -car attached garages, 72 one -car attached garages and 72
detached carports for a total of 360 assigned covered space
consistent with the ETSP. An emergency access point is provided on
Lots 3 and 4 to access Pioneer Road north and south of the main
entrance to the project.
The site is relatively flat and has been roughgraded as part of the
grading for Tract 13627. The grade changes approximately 20 feet
from the northeasterly corner to the southwesterly corner of the
site. Minor grading is proposed to create building pads. The
conceptual grading plan identifies minor retaining walls ranging in
height between 2 and 4 feet. These are primarily located on the
northern property line adjacent to the existing eucalyptus windrow
in effort to maintain this natural feature. Although the limits of
grading adjacent to the windrow are consistent with the eucalyptus
study for Tract 13627, a condition of approval has been included to
require specific review of the precise grading by an arborist to
ensure that the proposed grading will not adversely affect the
existing eucalyptus windrows on the north and south property lines.
Mitigation measures or site plan modifications recommended by the
arborist would be required to be implemented as applicable.
The site plan also includes a private recreation facility
consisting of a pool, spa, restroom/equipment building and is
located off the main entrance drive.
ARCHITECTURE DESIGN
The architectural style of the proposed project is a contemporary
interpretation of a Spanish Colonial style treatment. This product
is virtually identical to The Bren Company's "Arcada" project
(Tract 13096) at the northeast corner of Bryan Avenue and Myford
Road in Phase II of East Tustin. The buildings will have tile
roofs with a 6:12 pitch, wood fascia and rafter tails, wood deck
railings, stucco walls and adoquin stone caps on the stairs.
The architectural plans identify two building types, each two story
in height with a loft on the third story.
Community
Development Department
City Council Report
Vesting Tentative Tract Map 14183
October 1, 1990
Page 3
Building 100 consists of 6 units and Building 200 consists of 9
units. There are 12 of each building type for a total of 180
units. There are 10 different floor plans ranging in size from
1,102 square feet to 1,508 square feet. Please refer to Attachment
A for a statistical summary of the project.
The buildings are a maximum of 37' - 6" tall (including the
chimney) which meets the requirements of the ETSP. The wall
surfaces have a number of architectural features, details,
recesses, pop -outs which minimizes the building mass. Staff is
pleased with the finished product at Arcada and believe that this
product would be appropriate for the subject property in Phase IV
of East Tustin.
The colors proposed for this project include 3 base stucco colors
(light terra-cotta to deep terra-cotta) with tan wood trim and
accents and dark concrete roof tiles. These colors are consistent
with the desire to darken the wall and roof materials to provide
greater compatibility with the surrounding hillside areas in this
section of East Tustin.
In anticipation of mandatory recycling and waste reduction efforts
required by AB 939, a condition of approval has been included which
requires the applicant to confirm with Great Western Reclamation
that the proposed trash enclosures can accommodate future recycling
facilities that may be required by Great Western Reclamation.
LANDSCAPING/HARDSCAPE
The conceptual landscaping plans meets the requirements of the ETSP
and is generally consistent with the City's landscaping guidelines.
The proposed landscaping consists of a variety of evergreen and
deciduous trees, shrubs, vines, and groundcovers. The main project
entry is highlighted by Magnolia that transition to Chinese Flame
Tree and California Pepper. Numerous Pines and Eucalyptus are also
used throughout the site in addition to the landscaped lot along
Jamboree Road which is to be installed by Foothill Community
Builders. Numerous shrubs are utilized including Agapanthus,
Escallonia, Pittosporum and Podocarpus. Groundcovers include
Hahn's Ivy, Star Jasmine and Alta Fescue turf. One concern with
the plant palette is the use of Hahn 's Ivy which has a tendency to
attract rodents and presents a constant maintenance concern. The
Planning Commission included a condition of approval of the Design
Review to replace this material with a more acceptable groundcover,
Community Development Department
City Council Report
Vesting Tentative Tract Map 14183
October 1, 1990
Page 4
subject to approval of the Community Development Department during
plan check. Since the landscaping plan is only illustrative,
actual quantities, species, locations and sizes of plant materials
would be determined during building plancheck. All perimeter walls
and boundary landscaping proposed is consistent with the approved
treatment for Tract 13627. Perimeter walls and landscaping along
Jamboree would be the responsibility of Foothill Community
Builders. All other walls and landscaping would be the
responsibility of the applicant.
ISSUES
There are no outstanding issues related to the project, other than
those design review issues previously identified and addressed by
conditions of approval.
ENVIRONMENTAL ANALYSIS
Based upon review of Vesting Tentative Tract Map 14183 and Design
Review 89-85, as well as Environmental Impact Report 85-2 (as
supplemented) it has been determined that environmental issues
relating to this project have previously been addressed. Also,
appropriate mitigating measures identified in EIR 85-2 are included
as conditions of approval for the project. With this information
in mind, it is recommended that the Council make the finding that
requirements of the California Environmental Quality Act have been
met and that no further environmental review is required.
CONDITIONS OF APPROVAL
A list of conditions of approval is included within the attached
resolutions. Outside of specific issues discussed in this report,
conditions of approval are standard conditions required by either
the Specific Plan, other applicable municipal codes, the approved
Development Agreement for the project area, or requirements of City
Departments or outside reviewing agencies.
Community Development Department
City Council Report
Vesting Tentative Tract Map 14183
October 1, 1990
Page 5
CONCLUSION
Given the analysis conducted by the Community Development
Department and consideration of comments from other agencies and
the public, it is concluded that the proposed project meets the
requirements of the East Tustin Specific Plan, the Subdivision Map
Act, as adopted, and the California Environmental Quality Act.
It is therefore recommended that the City Council approve Vesting
Tentative Tract 14183 by adoption of Resolution No. 90-127, subject
to conditions contained in Planning Commission Resolution No. 2826,
attached thereto and incorporated by reference.
(L2 7,�
Daniel Fox
Senior Planner
DF:CAS:kbc
Christine A. Shing on
Director of Comm;
omm y Development
Attachments: Resolution No.s 90-126 and 90-127
Attachment A, Statistical Summary
Site Plan, Elevations, Tentative Map
Planning Commission Resolution No. 2826
Community
Development Department
ATTACHMENT A
Statistical Summary
Vesting Tentative Tract Map 14183; DR 89-85
Gross Site Area
Building Area
Open Space
Street Area
Total Units
Density
Lot Coverage
Building Setbacks
Front Yard
Distance between structures
° Principal
• Accessory
Height
Requirement
N/A
N/A
N/A
N/A
N/A
18 du/ac (gross)
1000 (minus setbacks)
5 feet minimum
10 feet minimum
5 feet minimum
40 feet maximum
Proposed
11.7 acres
5.8 acres
3.5 acres
2.4 acres
180 units
15.4 du/ac (gross)
50%
5 feet minimum
10 feet minimum
5 feet minimum
37.5 feet maximum
Resident Parking 360
spaces
108 Attached
2 car garages 216
(2
covered and
Attached
1 car garages 72
assigned
spaces
Detached carports 72
per
unit)
TOTAL
360
Guest Parking
72
spaces
78 spaces
Unit
Floor Plans
Sq. Ft.
Plan Type
Quantity
Percentage
1
(FLAT)
11163
2 br/2 ba/loft
24
13.3
2
(FLAT)
1,102
2 br/2 ba
12
6.6
3
(CARRIAGE)
-11105
2 br/2 ba/loft
12
6.6
3D
(CARRIAGE)
11177
2 br + den/2 ba
12
6.6
4
(FLAT)
1,246
3 bd/2 ba
12
6.6
5
(FLAT)
11285
2 bd/2 ba/loft
12
6.6
6
(CARRIAGE)
11396
2 bd/2 ba/loft
12
6.6
7
(FLAT)
11275
2 bd/2ba
24
13.3
8
(FLAT)
1,422
3 br/2 ba/loft
12
6.6
9
(FLAT)
1,425
2 bd/2 ba/loft
24
13.3
10
(TOWNHOUSE)
10,508
3 bd/3 ba
24
13.3
Community Development Department
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RESOLUTION NO. 90-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN FINDING THAT FINAL ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE EAST TUSTIN
SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY
SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA)
IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR
VESTING TENTATIVE TRACT MAP 14183 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 14183 is
considered a "project" pursuant to the terms
of the California Environmental Quality Act;
and
B. That the projects are covered by a previously
certified Final Environmental Impact Report
for the East Tustin Specific Plan which serves
as a Program EIR for the proposed project.
II. The East Tustin Specific Plan Final Environmental
Impact Report (85-2), previously certified on March
17, 1986 as modified by subsequently adopted
supplements and addenda, was considered prior to
approval of this project. The City Council hereby
finds: this project is within the scope of the
East Tustin Specific Plan previously approved; the
effects of this project, relating to grading,
drainage, circulation, public services and
utilities, were examined in the Program EIR. All
feasible mitigation measures and alternatives
developed in the Program EIR are incorporated into
this project. The Final EIR, is therefore
determined to be adequate to serve as a Program EIR
for this project and satisfies all requirements of
the California Environmental Quality Act.
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Resolution No. 90-126
Page 2
Applicable mitigation measures identified in the
Final EIR have been incorporated into this project
which mitigates any potential significant
environmental effects thereof. The mitigation
measures are identified as Conditions on Exhibit A
of Planning Commission Resolution No. 2826
recommending approval of Vesting Tentative Tract
Map 14183 and Exhibit A of Planning Commission
Resolution No. 2825, approving Design Review 89-85.
PASSED AND ADOPTED by the City Council of the City of
Tustin, at a regular meeting on the 1st day of October,
1990.
MARY WYNN
City Clerk
RICHARD EDGAR
Mayor
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RESOLUTION NO. 90-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING VESTING TENTATIVE TRACT
MAP NO. 14183.
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. 14183 was
submitted to the City Council by The Bren
Company for consideration.
B. That a public hearing was duly called, noticed
and held for said map on September 10, 1990
before the Planning Commission.
C. That an Environmental Impact Report (EIR 85-2
for the East Tustin Specific Plan) has been
certified in conformance with the requirements
of the California Environmental Quality Act
for the subject project area.
D. That the proposed subdivision is in
conformance with the Tustin Area General Plan,
adopted East Tustin Specific Plan, Development
Agreement and Subdivision Map Act as it
pertains to the development of single family
dwellings.
E. The 1.188 acres of parkland required for this
development was previously dedicated with
recordation of Tract 13627.
F. That the City has reviewed the status of the
School Facilities Agreement between the Irvine
Company and the Tustin Unified School
District, the East Tustin Specific Plan, EIR
85-2 with subsequently adopted supplements and
addenda, the impacts of Vesting Tentative
Tract 14183 on School District facilities, and
reviewed changes in State law, and finds and
determines that the impacts on School District
facilities by approval of this map are
adequately addressed.
G. That the site is physically suitable for the
type of development proposed.
H. That the site is physically suitable for the
proposed density of development.
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Resolution No. 90-127
Page 2
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. 14183, subject to the conditions
contained in Exhibit A of Planning Commission
Resolution No. 2826, incorporated herein by
reference.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 1st day of October, 1990.
MARY WYNN
City Clerk
RICHARD EDGAR
Mayor
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I
FILE COPY
RESOLUTION NO. 2826
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY
COUNCIL APPROVAL OF VESTING TENTATIVE TRACT
MAP NO. 14183.
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. 14183 was
submitted to the Planning Commission by The
Bren Company for consideration.
B. That a public hearing was duly called, noticed
and held for said map on September 10, 1990.
C. That an Environmental Impact Report (EIR 85-2
for the East Tustin Specific Plan) has been
certified in conformance with the requirements
of the California Environmental Quality Act
for the subject project area.
D. That the proposed subdivision is in
conformance with the Tustin Area General Plan,
adopted East Tustin Specific Plan, Development
Agreement and Subdivision Map Act as it
pertains to the development of single family
dwellings.
E. The 1.188 acres of parkland required for this
development was previously dedicated with
recordation of Tract 13627.
F. That the City has reviewed the status of the
School Facilities Agreement between the Irvine
Company and the Tustin Unified School
District, the East Tustin Specific Plan, EIR
85-2 with subsequently adopted supplements and
addenda, the impacts of Vesting Tentative
Tract 14183 on School District facilities, and
reviewed changes in State law, and finds and
determines that the impacts on School District
facilities by approval of this map are
adequately addressed.
G. That the site is physically suitable for the
type of development proposed.
H. That the site is physically suitable for the
proposed density of development.
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Resolution No. 2826
Page 2
I. That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife in their habitat.
J. That the design of the subdivision or the type of
improvements proposed will not conflict with
easements acquired by the public -at -large, for
access through or use of the property within the
proposed subdivision.
K. That the design of the subdivision or the types of
improvements proposed are not likely to cause
serious public health problems-.
II. The Planning Commission hereby recommends to the City
Council approval of Vesting Tentative Tract Map No. 14183
subject to the conditions attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 10th day of September, 1990.
iKXHH��LEEN F TZ RICK
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN FITZPATRICK, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission of the
City of Tustin, California; that Resolution No. was
duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the day of
199.
THLEEN FITZP ICK
Recording Secretary
EXHIBIT A
VESTING TENTATIVE TRACT MAP 14183
RESOLUTION NO. 2826
CONDITIONS OF APPROVAL '
GENERAL
(1) 1.1 Within 24 months from tentative map approval, the
Subdivider shall record 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) 1.2 Prior to release of building permits, all conditions of
approval of Design Review 89-85 for the subject project
shall be complied with as shown on Exhibit A attached to
Resolution 2825 and incorporated herein by reference.
However, applicant will be permitted to obtain building
permits for model home construction prior to approval of
a final map provided approvals have been obtained from
the Community Development Director, Public Works and Fire
Department.
(1) 1.3 Subdivider shall conform to all applicable requirements
(2) of the State Subdivision Map Act, the City's Subdivision
Ordinance, in the East Tustin Specific Plan and
Development Agreement, EIR 85-2, and applicable
conditions for Final Map 13627.
(1) 1.4 The cumulative number of residential units for which
(2) certificate of occupancy may be issued shall not exceed
the cumulative total or square feet of occupied revenue
generating uses or equivalents as shown in the East
Tustin Specific Plan Development -Agreement.
PUBLICLPRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 2.1 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
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE
(2) CEQA MITIGATION (6) LANDSCAPING
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
AGENCY REQUIREMENT
GUIDELINES
Exhibit A
Resolution No. 2826
Page 2
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
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 Homeowner's Association.
N. Undergrounding of existing and proposed utility
distribution lines
O. Lot monumentation
P. Fire hydrants
(1) 2.2 The amount of acceptable security for construction of
(5) 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.
(1) 2.3 All construction within a public right-of-way and/or
(5 ) public easement must be shown on a separate 2411 x 3611
plan with all construction referenced to applicable City,
County, or Irvine Ranch Water District standard drawing
numbers.
(1) 2.4 All changes in existing curbs, gutters, sidewalks
(5) and other public improvements shall be responsibility of
subdivider.
(1) 2.5 Preparation of plans for and construction of:
(2)
(5) A. All sanitary sewer facilities must be submitted as
required by the City Engineer and local sewering
Exhibit A
Resolution No. 2826
Page 3
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 Irvine Ranch
Water District or City of Tustin Water Department,
whichever is applicable at the time of plan
preparation. Improvement plans shall also be
reviewed and approved by the Orange County Fire
Department for fire protection purposes. The
adequacy and reliability of water system design and
the distribution of fire hydrants will be
evaluated. The water distribution system and
appurtenances shall also conform to the applicable
laws and adopted regulations enforced by the Orange
County Health Department. Any required reclaimed
water systems shall be to the standards as required
by the Irvine Ranch Water District.
(1) 2.6 Proposed private streets shall be designed to the
(5) following specifications:
(6)
A. All proposed streets shall be designed in
substantially the same width and alignment as
shown on the approved vesting tentative map
unless modified and approved by the Directors
of Community Development and Public Works.
B. All private streets and drives shall be
constructed in accordance with City
requirements in terms of type and quality of
materials used.
C. Placement of all above ground facilities, such
as signing, street lights and fire hydrants
shall be behind the sidewalk when said
sidewalks are constructed adjacent to the curb
within the street right-of-way.
D. The developer shall install "Keep Right" signs
in the center median at the main entry, per
City Standards.
E. The developer shall install a sign at the main
entry reading "No parking at any time, except
Exhibit A
Resolution No. 2826
Page 4
in designated areas and or stalls within the
complex".
F. Prior to recordation of final map, the
proposed street names shall be reviewed and
approved by the Tustin Street Naming Committee
and Community Development Department.
(1) 2.7 Private streets, storm drain, water and sewer improvement
plans shall comply with the "City of Tustin Minimum
Design Standards for On -Site Private Street and Storm
Drain Improvements".
DEDICATIONS/RESERVATIONS/EASEMENTS
(1) 3.1 The subdivider shall satisfy dedication and/or
(2) reservation requirements as applicable, including but not
(5) limited to dedication of all required street and flood
control 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
agencies.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 4.1 Prior to recordation of the final map, subdivider shall
(2 ) post with the Community Development Department a minimum
(5) $2,500 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) 4.2 Any damage done to existing street improvements and
(5) utilities 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) 4.3 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.
Exhibit A
Resolution No. 2826
Page 5
GRADING/GENERAL
(1) 5.1 Prior to issuance of grading permits:
(2)
(5) 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 requirements:
a. Provision of drainage facilities to
remove any flood hazard to the
satisfaction of the City Engineer which
will allow building pads to be safe from
inundation from rain fall which may be
expected from all storms up to and
including the theoretical 100 year storm
and dedication of any necessary easements
on the final map as required.
b. Elimination of any sheet flow and
ponding.
C. Provision of drainage facilities to
protect the lots from any high velocity
scouring action.
d. Provision for tributary drainage from
adjoining properties.
5. All flood hazard areas of record.
Exhibit A
Resolution No. 2826
Page 6
6. A note shall be placed on the grading plan
requiring Community Development Department
approval of rough grading prior to final
clearance for foundations. The Department
will inspect the site for accuracy of
elevations, slope gradients, etc. and may
require certification of any grading related
matter.
7. Note on plans that a qualified
paleontologist/archaeologist, as appropriate
shall be present during rough grading
operations. If resources shall be excavated
or preserved as deemed appropriate or as
r e c o m m e n d e d b y t h e
paleontologist/ archaeologist 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/archaeologist shall attend the
pregrade construction meeting to ensure that
this condition and necessary procedures in the
event of a "find" are explained.
C. Preparation of a sedimentation and erosion control
plan for all construction work related to the
subject Tract including a method of control to
prevent dust and windblown earth problems.
D. Submittal of a construction traffic routing plan to
be reviewed and approved by the Director of Public
Works.
E. Written approval must be obtained from adjacent
property owners for rights -of -entry for
construction activity across lot lines.
(1) 5.2 All earthwork shall be performed in accordance with the
(3) City of Tustin Municipal codes and grading requirements.
FIRE DEPARTMENT
(1) 6.1 Prior to recordation of a final tract/parcel map, water
(5) improvement plans shall be submitted to and approved by
Exhibit A
Resolution No. 2826
Page 7
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.
(1) 6.2 Prior to issuance of any building permits for combustible
(5) construction, evidence that a water supply for fire
protection is available shall be submitted to and
approved by the Fire Chief. Fire hydrants shall be in
place and operational to meet required fire -flow prior to
commencing construction with combustible materials.
(1) 6.3 Prior to the issuance of any building permits, a
(5) 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.
(1) 6.4 Prior to issuance of any building permits, plans for an
(5) automatic fire extinguishing system where required shall
be approved by the Fire Chief. Such systems shall be
operational prior to the issuance of a certificate of use
and occupancy.
(1) 6.5 Prior to the issuance of any building permits, plans for
(5) an automatic gate system shall be approved by the Fire
Chief. These details shall include width, clear height
and means of emergency vehicle over -ride.
(C) 6.6 Prior to the issuance of any
(5) occupancy, the private streets
posted "No Parking - Fire Lane"
Code Section 10.207 in a manner
the County Fire Chief.
NOISE
certificates of use and
shall be red curbed and
as per 1985 Uniform Fire
meeting the approval of
(1) 7.1 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
Exhibit A
Resolution No. 2826
Page 8
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 living areas and an interior
standard of 45 dBa CNEL in all habitable rooms is
required. Evidence prepared under the supervision
of an acoustical consultant that these standards
will be satisfied in a manner consistent with
applicable zoning regulations shall be provided.
B. Due to the project's close proximity to the
Browning Corridor, said study shall provide
information on single event noise measurements as
generated by helicopter flyovers for information
purposes only.
(1) 7.2 Prior to issuance of any Certificates of Use or
(2) Occupancy, field testing in accordance with the Title 25
(3) regulations may be required by the Building Official to
verify compliance with STC and IIC design standards.
(1) 7.3 All construction operations including engine warmup shall
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 or other
hours the Building Official may determine are in
substantial conformance with the Noise Ordinance and the
public health and safety will not be impaired subject to
application being made at the time the permit for the
work is awarded or during progress of the work.
CCR' S
(1) 8.1 Prior to approval of the final map, all organizational
(3) documents for the project including any deed
Exhibit A
Resolution No. 2826
Page 9
restrictions, covenants, conditions, and restrictions
shall be submitted to 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 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 provisions in which the City has
interest, as reflected by the following B through
R. 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, recreation areas, pools and spas,
private parks, walls and fences, private roadways
(i.e., walks, sidewalks, trails) and paseos. The
Association shall be responsible for maintenance of
all landscaping along Greenway Drive.
D. Membership in any Homeowner's Association shall be
inseparable from ownership in individual lots.
E. Architectural controls shall be provided and may
include but not be limited to provisions regulating
exterior finishes, roof materials, fences and
walls, accessory structures such as patios,
sunshades, trellises, gazebos, awnings, room
additions, exterior mechanical equipment,
television and radio antenna.
F. Maintenance standards shall be provided for
applicable items listed in Section C above in
CCR's. Examples of maintenance standards are shown
below:
Exhibit A
Resolution No. 2826
Page 10
1. All common area landscaping and private 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. All planted
areas other than lawns shall be free of weeds,
dead vegetation and debris. All trees and
shrubs shall be trimmed so they do not impede
pedestrian traffic along the walkways. Trees
shall be pruned so they do not intrude into
neighboring property and shall be maintained
so they do not have droppings or create other
nuisances to neighboring property. All trees
shall also be root pruned to eliminate exposed
surface roots and damage to sidewalks,
driveways and structures.
2. All private roadways, sidewalks and paseos
shall be maintained so that they are safe for
users. significant pavement cracks, pavement
distress, excessive slab settlement, abrupt
vertical variations and debris on travel ways
should be removed or repaired promptly. In
addition, the pedestrian access at the main
project entry shall remain open and accessible
to the public at all times.
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.
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
Exhibit A
Resolution No. 2826
Page 11
and the CCR's
H. Residents shall not store or park any non -motorized
vehicles, trailers or motorized vehicles that
exceed 7 feet high, 7 feet wide and 19 feet long in
any parking, driveway or private street area except
for purpose of loading, unloading, making
deliveries or emergency repairs except that the
Homeowner's Association may adopt rules and
regulations to authorize exceptions. There shall
be no parking of any kind on driveways that are
less than 19 feet in length.
I. 360 parking spaces shall be permanently and
irrevocably assigned to individual condominium
units at a rate of 2 parking spaces per dwelling.
An additional 72 guest parking spaces shall be
established and maintained within the common area
and shall be marked and used for guest parking
only.
J. Condominium units shall not have separate external
television and radio antennas. Either a central
antenna 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.
K. All utility services serving the site shall be
installed and maintained underground.
L. 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.
M. Disclosure information related to aircraft noise
impacting the subdivision, as approved by the City
of Tustin Community Development Department.
Exhibit A
Resolution No. 2826
Page 12
N. The Association shall be responsible for
establishing and following procedures for providing
entry gate access to the public utilities for
maintenance of their facilities within the project
area, subject to those agencies' approval.
O. No amendment to alter, modify, terminate or change
the Homeowner's 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
permitted without the prior written approval of the
City of Tustin Community Development Department.
P. The CC&R's shall include provisions to prohibit
parking on driveways less than 19 feet in length to
ensure that clear pedestrian and street access is
maintained. Said restriction shall identify each
affected unit by unit -number. In addition, deed
restrictions for each affected unit shall be
recorded to ensure notification of all future
owners.
TENANTIHOMEBUYER NOTIFICATION
(1) 9.1 Prior to issuance of Certificate of Occupancy:
A. A document separate from the deed shall be prepared
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 is 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
Exhibit A
Resolution No. 2826
Page 13
aircraft/helicopter noise statement and the
approved schools notification statement, printed on
it. Any changes to the rental/sales literature
after initial City approval shall be submitted to
the Director of Community Development for approval.
C. The subdivider shall provide the City with a copy
of the approved aircraft/helicopter noise statement
which shall contain a disclosure document on
aircraft notification. Said document must be
signed by each tenant/homeowner prior to occupancy
of any unit. The content of the statement shall be
approved by the Director of Community Development
prior to circulation.
D. The developer shall provide the City with a schools
notification statement which shall be reviewed and
approved by the Director of Community Development
and participation by the governing school district
which shall indicate:
(1) The location of existing and proposed
elementary, middle and high schools which will
serve the subdivision (text and map).
(2) Advice to homebuyers that proposed school
sites may never be constructed.
E. The Subdivider shall provide the City with a
statement which must be signed by each
tenant/homebuyer which shall contain a
comprehensive description of all private and public
improvements and developments adjacent or in close
proximity to the proposed development.
(1) 9.2 Subdivider shall notify all potential homebuyers of the
(5) following Assessment/Maintenance Districts affecting the
property:
A. Assessment District No. 86-2.
B. City of Tustin 1982 Landscaping and Lighting
District as amended.
Exhibit A
Resolution No. 2826
Page 14
FEES
(1) 10.1 Prior to recordation of any final map, Subdivider shall
pay plan check and inspection fees for all public and/or
private infrastructure improvements within City's (9)
responsibility excluding those financed by an Assessment
District.
(1) 10.2 Prior to issuance of certificates of use or occupancy,
the 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 as identified in
Condition 9.2 above.
(1) 10.3 Prior to issuance of certificates of use or occupancy,
the 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
District No. 86-2.
(1) 10.4 Prior to issuance of any building permits, payment shall
be made of all required fees including:
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.
Exhibit A
Resolution No. 2826
Page 15
G. Future facilities fees for
a. Civic Center Expansion
b. Irvine Boulevard Widening
C. Fire Protection Facility
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