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HomeMy WebLinkAboutCC 5 T.T. MAP 13835 08-21-89,lATE: AUGUST 21, ,989 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CZTY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT MAP 13835 RECOMMENDATION ... It is recommended that the City Council take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 89-123; and 2. Approve Vesting Tentative Tract Map 13835 by adopting Resolution No. 89-124, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 2638, attached hereto and incorporated herein by reference. BACKGROUND At their regular meeting on July 24, 1989, the Planning Commission adopted Resolution No. 2638, recommending approval to the City Council of Vesting Tentative Tract Map 13835 and Re~olution No. 2637 approving Design Review 88-71, a proposal to subdivide a 14.37 acre site into 22 numbered lots and 4 lettered lots for the purposes of developing a 282 dwelling unit residential condominium project. The site is bounded by Jamboree Road on the east, Robinson Drive on the south, Lot 18 of Tract 12870 to the west and the Tustin Ranch Golf Course to the north. Planned and anticipated development in the vicinity includes Medium-High density residential to the west on Lot 18 and a Community Park site across Robinson Drive to the south on Lot 17. The residential developments in the immediate vicinity are anticipated to be condominium and apartment products. PROJECT DESCRIPTION/SITE PLAN imm The proposed project is in conformance with all applicable development standards identified in the East Tustin Specific Plan. Submitted development plans for the project propose construction of 282 two-story condominium dwelling units with semi-subterranean garages arranged in clusters. The project proposes a gross density of 19.6 dwelling units per acre. The East Tustin Specific Plan would permit a maximum of 25 dwelling units per acre within the Medium-High Density Residential category. City Counc11 Report Vesting Tentative Tract ~t3835 August 21, 1989 Page two A total of 22 building clusters are proposed wtth each butldlng cluster Consisting of 11 to 14 dwelling untts. The Individual units are slmtlar to a townhome with an upstatrs and downstairs stacked above garages. The unlt stzes range from 1,242 square feet to 1,612 square feet. A total of ftve different floor plans w111 be offered. There w!11 be approximately 130 - two bedroom/2.5 bath untts and 152 - three bedroom/2.5 bath units. Each unit wtll have a 2-car enclosed garage on the ground floor with automatic openers and dtrect access to the untts above. The buildings wtll provtde a mtntmum 12 foot setback from RobJnson Or~ve, a mintmum 10 foot setback from the golf course and a 15 to 60 foot setback from Jamboree Road. The proposed butldlng product can be described as a "motor court" design, placlng the unit garages around a common courtyard. This motor court design avotds the typical monotonous row of garage doors on the street scape. [n thts particular product type, the garage doors have been removed from the main loop road, wtth the exception of the two corner untts In each building ("B" plans), which wtll have garages that face the maln loop road. Trash enclosures have been located along the matn loop road and In the small parking areas off the matn loop road between buildings. The project proposes a community recreation facilJty wtthJn the boundaries of the tract which Include a pool, spa, restrooms, shower, decoratlve patio areas, fountains and a vJew deck. The recreation area ~s located at the end of the main entrance road to the project to achJeve a pleasant entry into the complex. As seen on the landscaping plans a cJrculatJon and greenbelt system is proposed between the butldJngs to connect with the recreation area. In add~tJon each unit wlll have prlvate patlo areas and In some plans balconies. Access to the site Is provided by a 44 foot wide entrance from Robinson Drive. The tnternal circulation pattern conststs of a 28, foot wide loop private street and a ser~es of shorter 25 foot wide drives originating from the main loop and forming the private motor court. The loop road will w~den in areas to 32 feet to accommodate parallel parking on one side of the street. Other guest parktng Is situated in small parking areas adjacent to several buildings and along Jamboree Road to provtde an equitable distribution of spaces. The parklng arrangement along Jamboree also enables butldlngs 11 and 19 to be located luther away from the street whtch wtll help tn reducing notse Impact to these buildings. A 20 foot emergency access to the development Is provlded from Jamboree Road between buildings 11 and 19. A total of 564 garage spaces and 141 open guest spaces, totaltng 705 parking spaces are provided, whlch ts consistent wtth the required 2.5 parking spaces per untt for thts development. Community Development Department City Counct 1 Report Yesting Tentative Tract 13835 August 21, 1989 Page three ARCH I'TECTURE/LANDSCAP The proposed development plans include four different buildlng clusters with either 1[, 12, 13 or 14 dwelllng units per building. These elevations can generally be described as a Spantsh Colonial style. Each building type introduces variation to the roof, window and other architectural detalls to provide interest be~een the different buildings. All plans possess a slgntficant level of detat1 including eaves, corbel detailing, quatrefoll windows, wood potshelves, decorative accent tiles, wrought iron and wood railings, smooth stucco finish, wood shutters, balconles and multi-pane windows. A color palette consisting of two color schemes ranging from a 11ght tan to a dark tan and one roof blend of a light and dark terra cotta proposed for the buildings. The wood trim is proposed in a brown stain and grey/green ts proposed as an accent color. A color 'material/sample board will be available for review at the July 24, 1989 meeting. The end result will be a development with a variety of architectural interest throughout the project. The product type is unique to the Tustin Ranch in that the garages are situated at the ground level with the first and second floor living areas above the garage. From inside the motor court, the buildings would appear to be three stories. However, the land be~een the buildings has been filled in and bermed up to create a ~o-story appearance from the outslde of the buildings. This treatment ls best Illustrated on pages 16-2[ of the attached plans. The overall height of the buildings ts within the 40' height limit for the Medium-High Residential Category of the Spectflc Plan. The landscaping design for the project is a key element in ensuring a quality and attractive development. While a concept landscaping plan has been prepared, the plan is general in nature as to the specific location, size, quantities and materials that will be used. Final precise landscaping and irrigation plans will be required at the plan check stage. The plan does include a plant palette consisting of accent trees, street trees, auto court trees, patio trees and interior walkway trees, shrubs, and ground covers. These materials include items such as eucalyptus, pines, palms, ficus, oleander, pittosporum, bougainvilla, turf and star jasmine. The interior walkways and recreation areas will receive special attention with the use of hardscape elements such as fountains, obelisks, benches, pavement treatment and lighting. The project entrance and motor court areas will al so include a decorative concrete treatment consisting of concrete bands and scoring to create an enriched appearance. The overall intent is to provide an attractive and distinct streetscape, motor court scape and interior common area treatment. All common areas will be landscaped; however, the private rear yard and patio areas will be the responsibility of the future homeowners. Community Development Department City Council Report Vesting Tentative Tract [3835 August 21, 1989 Page four All perimeter walls and boundary landscaping is consistent with the approved (as amended) treatment for Tract 12870. Perimeter walls and landscaping along Jamboree Road will be the responsibility of the Irvine Company. All other perimeter walls and landscaping will be the responsibility of the applicant. The golf course edge treatment is proposed to blend at grade with the project in some areas and be retained by the project wi th a low two foot retaining wall topped by wrought iron in other areas. Walkways to the units will be situated between the course and the units. This treatment will provide a smooth and open transition between the golf course and the project. ISSUE S i i There are no outstanding issues associated with this project. ENVIRONMENTAL ANALYSIS ii i ii mm ii i ii Based upon review of the subject map, as well as the Environmental Impact Report 85-2 (as supplemented), it has been determined that environmental issues related to this project have previously been addressed. Also, appropriate mitigation measures identified in EIR 85-2 are included as conditions of approval for the project. With this information in roi.nd, it is recommended that the Planning Commission make the finding that requirements of the California Environmental Quality Act have been met and that no further environmental review is required. CONCLUSION i i Given the analysis conducted by staff and consideration of comments from other agencies, it is concluded that the ~roposed project meets the requirements of the East Tustin Specific Plan, the Subdivision Map Act, and the California Environmental Quality Act. It is therefore recommended that the City Council approve Vesting Tentative Tract Map 13835. Associate Planner -Christine A. Shingle .~fl/ " Director of Community~evelopment Attachments' Site Plans Elevations Planning Commission Resolution No. 2638 Resolution No.'s 89-123 and 89-124 DF:CAS'kbc Community Development Department / i f'; // ., I II Ill, · ,. I I~ /lll~llr~ i M'A'R'A'V'I'L'L'A R EC R E A CT I O N S :i 1[ I% :Ill ~ l'~l] //// M'A'R'A'V'I'L'L'A A ~ T u · ~ i n I~ n n c // '- t M'A'R'A'V'I'L'L'A M'A'R'A'V'I'L'L'A R F.,C R i~ ACTION $ UPPER LEVEL UPPER LEVEL -- Livin~ MAIN LEVEL MAIN LEVEL GARAGE LEVEL B 1259 S.F. ~--~ Utility 2.Car r ....... , GARAGE LEVEL A C t~li S.F. 1242 S.F. FLOOR PLANS (A, B & C) M'A'R'A'V'I'L'L'A A I T u $ t i n R a n c h RECREACTIONS UPPER LEVEL UPPER LEVEL MAIN LEVEL GARAGE LEVEL D 1482 ~.F. MAIN LEVEL i I i I GARAGE LEVEL E M'A'R'A'V'I'L'L'A A t T u s t i n R a n ¢ h R ECR EACTIONS ':~ ~ i M'A'R'A'V'I'L'L'A ~ A t T u s t i n R & n c h R EC REACTIONS ~'~]] ~'i M R V I L L -. 'A' 'A' ' ' ' 'A , ~. A I T u ~ t i n R a n c h ~ R EC R E ACTI O N S · I ' MARAVILLA * , , , , , , A t T u $ t i n R a n c h RECREACTIONS © 0 ~ ~ M'A'R'A'V'I'L'L'A ~__~ RECREACTION$ ELEVATK.,I~, (FRCINT/('ULIRT) BUILDIN~ M'A'R'A'V'I'L'L'A A I T u ~l t i fl R a n c h g I; C R I'~ A {, T I 0 N ~ (SIDi£/(.'OURT) I:IUILDIHG iiX) A I T u ~ t i n R a n c h R EC R E ACTIONS ELEVATIONS (REARICO~JRT) BUILDING M'A'R'A'V'I'L'L'A A I T u · ! i n R · n ¢ h RECREATIONS ELEVATIONS (FRO~T/COUKF) BUILDING nlvm~ 19 M'A'R'A'V'I'L'L'A A I T u ~ t i n R · n c h R ECR EACTIONS ELEVATIONS (SIDE/COURT) BUILDING 400 r~ M'A'R'A'V'['L'L'A mL,'vm~'~ ~ A I T u $ I t n R · n c h ss~ 20 RECR£ACTIONS ELEVATIOHS (R£AR/COURT) BUILUING 400 M'A'R'A'V'I'L'L'A A I T u s I i n R a n ¢ b R ECR ['.'ATION$ 2 3 4 6 8 9 10 11 12 14 15 16 17 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. ~638 A RESOLUTION OF THE PLANNING COMMISSION OF TrlE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 13835. 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 lto. 13835 was submitted to the Planning Commission by Recreations Group of Companies for consideration. B. That a public hearing was dqly called, noticed and held for said map on July 24, 1989. C· That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality Act For the subject project area. D. That the proposed subdivision is in conformance wittl the Tustin Area General Plan, adopted East' Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the specific development· E. The 1.86 acres of parkland required for this development was previously dedicated with recordation of Tract 12870. F. That the City has reviewed the sta:us of the School Facilities Agreement between the Irvine Company and t~e Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2, the impacts of Vesting Tentative Tract Map 13835 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 subject site is physically suitable for the type of development proposed. H · That the subject site is physically suitable for the proposed density of development I. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or ,~ildlife i~l their habi ~at. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19t ~0 21 22 25 27 28 Resol u%ion No. 2638 Page %wo J. Thai [he design of [he subdivision or the type of improvements proposed will not conflic[ with easemen[s acquired by [~e public-a~-large, for access through or use of [he properly wi[bin the proposed subdivision. · K. Thai :~e design of the subdivision or the types of improvemen=s proposed are not likely lm cause serious public heal Eh problems.. II. The Planning Co~nission hereby recommends to :he City Council approval of Vesting Ten,alive Tract Map 13835, subject :o the conditions confined in Exhibi% A, a:~ached here[o. regul.a~ mee:ing of the Tusl;in Planning Commission, PASSED AND ADOPTED at a _ _ _ _ held on ~he .c~.~v~' day of .__~, 1989. . Le§lie Anne Pontious Chairman Penni o ey Secre~ry EXHIBIT ~ TENTATIVE" TRACT MAP 1~835 RESOLUTION NO; 2.638 CONDITIONS OF APPROVAL PUBLIC/PRIVATE,I X,NFRAST, RUCTURE IMPROVE. RENTS (1) 1.1 Prior Co recordation of a firlal ,n~p or issuance of a Building Permit whichever occurs first, the Subdivider shall prepare plans for and construct or post (2) security guaranteeing construction of all public and/or privaCe, (3) infrastructure improvements within the boundary ot: said tract map in (6) conformance with applicable City standards, including but not limited co the following: A~ B. C. 'Drive aprons/approach D. Street paving E. Street signing F. Landscaping/irrigation facilities G. Sanitary sewer service f,tcilities H. Domestic water service facilities I. Reclaimed water service facilities Curb and gutter/cross 9utters Sidewalks including Access facilities for physically handicapped persons J. Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities) Ke Street and paseo lighting Storm drains and subdr~ins (* The storm drain facilities within this tract will -be private drains to be maintained by the Homeowner's Associa ti on) Undergrounding of existing and proposed utility distribution lines Lot monumenta tion Fire hydrants Secondary emergency access road Me N. O. P. (i) (6) 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. Plans for public improvements sh.:xll be subject to approval by the Public Works Department; plans for private improvements sh,tll be subject to approval by the Building Official. (1) 1.2 All construction within public right-of-ways and/or public easements shall be (6) shown on a separate 24" X 36" plan with all construction referenced to applicable City, County, or Irvine Ranch Water District standard drawing n umber s. ~OURC ~ !lc OIO~S .......... (1) STANDARD CONDITION (2) EIR MITIGATION (3) UNIFORM BUILDING CODES '~ ) DESIGN REVIEW : EXCEPTION (S) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY (9) OTHER MUNICIPAL CODE REQUIREMENT ResoluT, ion No. ?.638 =xhibi t A ge two (1) 1.3 All changes in existing curbs, gutters, sidewalks and other, public (6) improvements shall be the responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: (6) A. All sanitary sewer facilities shall be submitted as required to the City Engineer and local sew,ring agency· These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. BO A domestic water system shall be designed to the standards of the Irvine Ranch Water District/City of Tustin, Water Service, whichever is applicable at the time of plan preparation· Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall al so 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. C · All private streets shall be constructed in accordance wi th City requirements in terms of type and quality of materials used. De Sidewalk areas shall flare around the placement of all above ground facilities, such as signing, street lights and fire hydrants when said sidewalks are constructed adjacent to the curb wi thin the street right-of-way. However, no structures over 36" in height shall be located in the front yard setback area. (1) 1.5 Private streets, storm drain, water & sewer improvement plans shall comply (6) with the "City of Tustin" Minimum Design Standards for on-site Private Street (8) and Storm Drain Improvements. D. EDICATIONS/RESERVATIONS/EASEMENT. S (1) 2.1 The subdivider shall satisfy dedication and/or reservation requirements as (2) applicable, including but not limited to dedication of all required street and (5) flood control right-of-way easements, vehicular access rights, sewer easements (6) and water easements defined and approved as to specific location by the City (8) Engineer and ottler reasonable agencies. (6) 2.2 The applicant shall obtain and record an ingress/egress easement for the proposed emergency access drive to the satisfaction of the City Engineer and the Fire Department. .... CONSll~UCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY [~ 3.! Prior to recordation of the final map, subdivider shall post with the Resolution No. 2638 _Exhibit ~, ~ge three (2) (6) Public Works Department a minimum $2,500 cash deposit c)r 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 ~o completion of development or City appearance of public streets, an additional incremental deposit will be required. (1) 3.2 Any damage done to existing s~reet improvements and utilities shall be (6) repaired before acceptance of .the ~ract and/or issuance of a Certific4:e of Occupancy for the development on any parcel within the subdivision· (1) 3.3 Prior :o any work in the public right-of-way, an Excavation Permit shall be obtained from and applicable fees paid ~o ch, Public Works Department. GRAD!NG/GE:N£RAL (1) 4.1 Prior ~o 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 Requiren~nts, and all other applicable SC~Ce and local laws, regulations and requirements. B. Preparation and submittal of a grading plan subject ~o approval of the Department of Community Development delineating the following i nforma tion: · Methods of drainage in accordance with all applicable City Standards. · All recommendations submiCted by geotechnical or soils engineer and specifically approved by Chem. 3. Compliance with conceptual grading ,shown on tentative ~racC map. . A drainage 'plan and necessary support documents including a precise hydraulic study and hydrology calculations to comply wi th the foll owing requirements: a. P.~ovision of drainage facilities ~o remove any flood hazard :o the saCisfaction of the City Engineer which will allow building pads Co be safe from inundaCion from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary e~semenCs on Che 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. Resolution No. 2638 ._ Exhibit A Oage four d. Provision for contributory drainage from adjoining properties. 5. All flood hazard areas of record, Ce Preparation of a sedimentation and erosion control plan for all construction work related to the subject Tract including a 'method of control :o 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. Writ:eh approval shall be obtained from adjacent property owners for rights-of-entry for construction activity across lot lines. (l) 4.2 All earl;hwork shall be performed in accordance with the City of Tut:in (3) Municipal Codes and grading requirements. FIRE OEPARTI4ENT ii ii i i i ii (1) $.! Prior to the recordation of a final tract map, water improvement plates shall '5) be submitted :o and approved by the Fire Chief for adequate fire protection .2) and financial security posted for the installation. (1) 5.2 Prior to issuance of building permits for combustible construction, evide:lce {6) that adequate ~aater supply for fire protection is available shall be submitted (2) to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet required fire-flow prior to commencing construction ~it~ combustible material s. (1) $.3 Prior to recordation of a final ~ract map, fire protection access easements, (6) shall be approved by the Fire Chief and dedicated to the County of Orange. (2) The CC&R's shall contain provisions which prohibi: obstructions within :he fire protection ~ccess easements and also require Fire Chief approval for any modifications such as speed bumps, control gates, or change in the parking plan within said easement. (1) 5.4 Prior to issuance of any building permits, a construction phasing plan shall (6) be submitted to and approved by the Fire Chief. The purpose of tills review is (2) to evaluate :l~e adequacy of emergency vehicle access for :he nu~;~ber of dwell lng uni ts served. (1) 5.5 Prior to issuance of any building permits, plans for a residential fire extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a Certificate of Use and Occupancy. NOISE i 6.1 Prior to the issuance of any building permits: Resolution No. 2638 - Exhibit A ~age fi ye (2) A final acoustical analysis report describing the acoustical design features (3) of the structures required to satisfy the exterior and interior noise s:andards 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 ~nd projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior' standard 65 dBa CNEL i,1 out~luor living areas and an interior standard of 45 dba CNEL in all habitable robins is required. Evidence prepared under the supervision of an acoustical consul:ant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. (1) 6.2 Prior to issuance of any Certificates of Use or Occupancy, field testing in (3) accordance with the Title 25 regulations may be required by the Building (2) Official to verify compliance with STC and IIC design standards. ~1) 6.3 All construction operations, including engine warm up, shall be subject to the (9) provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through'Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public heal th and safety will not be impaired subject :o application being made at the time the permit for the work is awarded or during progress of the work. CCR'S i i (1) 7.1 Prior to approval of the final map, all organizational documents for the (3) project including any deed restrictions, covenants, conditions, and (a) 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 sl~all include but not be limited to the following provisions: A. Since the City is interested in protecting the public health and safety and ensuring che quality ~nd 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 reflecCed by the following B through O. However, the City shall not be obligated :o enforce the CCR's. B. The requirement that association bylaws be established. Resol uti on ~1o. 2 638 £xhi bi t A ge six Co Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas anti facilities including landscaped areas and lots (maintenance of all landscaping along Robinson Drive shall be the responsibility of the Homeowner's Association), recreation areas, pools and spas, private parks, walls and fences, private roadways (i.e., walks, sidewalks, :rails) and paseos. D. Membership in any Homeowner's Association shall be inseparable from ownership in individual units; 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, trelleses, gazebos, awnings, room additions, exterior mechanical equipment, tel evision and radio antennae. F. Maintenance standards shall be provided for applicable items listed in Section C above in CCR's. Examples of maintenance standards are shown bel ow: (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 ~vegeta ti on and debris. All trees and shrubs shall be :rimmed 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 :ravel ways shall 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 puDlic nuisance has been created by the absence of adequate maintenance such as to be detrimental to public Resolution No. 2638 -F. xhi bi t A :ge seven G · I · health, safety, or general welfare, or that such a condition of deterioration or disrepair cause ilarm or is materially detrimental to property values or improvements wi thin the boundaries of the subdivision and Homeowner's Association, to surrounding property, or to property or improvemen:s within three hundred (300) feet of the property may also be added as al ternative language. Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit fram the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requiremen:s set forth by the City and the CCR's. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet in height, 7 feet in width and 19 feet in length in any parking, driveway or private street area except for purpose of loading, unloading, making deliveries or emergency repairs, e.~cept that the Homeowner's Association may adopt rules and regulations to authorize exceptions. Notification that surrounding properties may be developed in accordance with City ordinances in a manner which .may partially or totally obstruct views from the owner(s) unit, and that the City of Tustin makes no claim, warranty or guarantee that views from any unit will be preserved as development of surrounding properties occur S, J· A total of 564 parking spaces shall be permanently and irrevocably assigned to individual condominium units at a rate of two parking spaces per unit. An additional 141 guest parking spaces shall be established and maintained within the common are~. K° Condominium units shall not have separate external television and radio antennae. Either central antennae shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be pr·wired and served by an underground cable antenna service provided by a company licensed to provide such service within the :icy. Lo All utility services serving the site shall be insl~lled and maintained underground· M. The Association shall be required 1:o file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of :he project before January 1st of each year with the City of Tustin Community Development Department Resolution i¢o. 2~38 Exhi bi t A _Page eight for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC & R violations. N. Disclosure information related to aircraft noise and golf course easement impacting the subdivision, as approved by the City of Tustin Community Development DepartJnent. O. Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary, by a Homeowner's Association. This shall not preclude a Homeowner's Association from assessing charges to individual property -owners For structural damage to the wall or fence. , P. No amendment to al ter, modify, terminate or change the Homeowner' s Association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of ~he City of Tustin Community Development Department. Q. Covenants restricting the conversion of the Hobby/Utility Rooms in Plans A, C, D.and E to livable and habitable space. TENAliT/HOHEBUyE, R NOTIFICATION (1) 8.! Prior to issuance of Certificate of Occupancy: (2) · A. A document separate from the deed which will be an information notice to future tenants/homebuyers of aircraft noise impacting the subdivision. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. B. The Subdivider shall submit for review and approval of content, by the Director of Community Development, a copy of rental/sales literature for the residential ,,'project with the approved aircraft/helicopter noise statement and the approved schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. C. The Subdivider shall provide the City with la copy of the approved aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document shall 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. Resol uti on ~o. 2 638 ~',~ht bi t A .ge nine 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 hig~ schools which will serve the subdivision (text and map). (2) Advlce to homebuyers that proposed school sites may never be con sCr uc ted. , E. The Subdivider shall provide the City with a statement which shall be signed by each tenant/homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. 8.1 ICR documents and homeowner notification shall include information of the golf course easement currently impacting property. ) 8.2 Subdivider shall notify all potential homebuyers of the following Assessment/Maintenance Districts affecting the property: A. Assessment District 86-2. B. City of Tustin 1982 Landscaping and Lighting District as amended. FEES i ! (1) 9.1 Prior to recordation of any final map, Subdivider shall pay plan check and (3) inspection fees for all public and/or private infrastructure improvements (6) within City's responsibility excluding those financed by an Assessment (9) Di stri ct. (1) 9.2 Prior to issuance of certificates of use or occupancy, the Subdivider shall (6) 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 Co any Assessment Districts applicable to the subdivision. (Assessment District 86-2). (1) 9.3 Prior to issuance of any building permits, payment shall be made of all (3) required fees including: (6) (9) A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. Resolution No. 2638 '-'hibi t A ge ten C. Grading plan checks and permit fees to the Community Development Depar tmen t. D. All applicable Building plan check and permit fees to the Community Development Depar tmen t. 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 · Payment of East Tustin Facility Fees as follows or as adjusted for inflation pursuant to existing Fee Resolution: $3,282 for Irvine Boulevard widening $21,555 for Fire Facility and Equipment $31,702 for Civic Center Expansion GENERAL t~) 10.! Within 24 months from Tentative Tract Map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code· (1) 10.2 Prior to occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 10.3 Prior to occupancy of units, the subdivider shall complete all public and private improvements as determined by the City Engineer and Director of Community Development Deportment to be necessary for the public health and safety and construction which is a prerequisite to the orderly development of the project and the surrounding area. (1) 10.4 Prior to final map approval: A. Subdivider shall submit a current :itle report. Be Provision for landscaping maintenance and ownership of all landscape lots (lettered lots) shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 13835. C · Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to certificate of acceptance. Resolution No. 2638 ~-~,hibit A ,ge el even (1) 10.5 Subdivider shall conform to all applicable requirements of the S:ate (9) Subdivision Map Act, the City's Subdivision Ordinance, in East Tustin Specifc (5) Plan and Development Agreement, EIR 85-2, and applicable condi:ions for Final (2) Map 12870. (1) 10.6 The cumulative number of residential units for which certificates of occupancy (5) may be issued shall not exceed the required cumulative total of square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. 10.7 All applicable conditions of previously appr, oved 12870 shall apply to Tract 13835, particularly the restriction thac no Building Permit shall be issued until the Lower Peter's Canyon Retaining Basin is operational. 10.8 Prior to release of building permits, all applicable conditions of approval of Tentative Tract Map 13835 and Design Review 88-71 shall be complied with. 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 Depar tmen t. 10.9 The legal description shall include LoS "DD" of Tract 12870 as illustrated on the map. 10.1Q The applicant shall sign and return an Agreement to Conditions Imposed form prior to the issuance of any permits. DF:dh:jk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the _Plan_ni_ng Commission of the City of Tustin, California; that Resolution No.' ~,,9~J,' was duly passed an_d .a.dopted at ~_.regular meeting of 198the~u~tin Planning commission, held on the~/~Y~day of ~~ . PENNI FOLEY ~ Recording Secretary/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1(; 17 19 21 23 25 26 27 28 RESOLUTION NO. 89-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT 85-2 FOR THE EAST TUSTIN SPECIFIC PLAN, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA, IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 13835 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. Vesting Tentative Tract Map 13835 is considered a "project" pursuant to the terms of the California Environmental Quality Act; and B. That the project is covered by a previously certified final environmental impact report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project and; 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 these projects. The Planning Commission hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project were examined in the Program EIR; and 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 CEQA. 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. 2638 and Exhibit A of Planning Commission Resolution No. 2637 approving Design Review 88-71. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 21st day of August, 1989. Ursula E. Kennedy', Mayor Ma ry Wynn : ........ City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING VESTING TENTATIVE TRACT MAP NO. 13835 TO AUTHORIZE A 282 DWELLING UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED ON LOT 19 OF TRACT 12870. 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. 13835 was submitted to the City Council by the Recreation Group of Companies for consi derati on. Bo That a public hearing was duly called, noticed and held for said map on July 24, 1989 by the Planning Commission. Ce 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 specific development. E. The 1.86 acres of parkland required for this development was previously dedicated with recordation of Tract 12870. F. That the City has reviewed the status of the School Facilities Agreement between the Irvine .Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2, the impacts of Vesting Tentative Tract Map 13835 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 subject site is physically suitable for the type of development proposed. H. That the subject site is physically suitable for the proposed density of development. I. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. 1 2 3 4 5 6 7 8 9 10 11 1:2 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 Resolution No. 89-124 Page two J. That the design of the subdivision or the type of improvements proposed wtll not confltct wtth easements acquired by the public-at-large, for access through or use of the property wtthtn the proposed subdivision. K® That the design of the subdivision or the types of improvements proposed are not likely to cause sertous public health problems. II. The City Council hereby approves Vesting Tentative Tract Map 13835, subject to the conditions contained tn Exhibit A, of Planning Commission Resolution No. 2638 attached thereto and Incorporated herein by reference. PASSED AND ADOPTED by the City Council of the City of Tusttn, at a regular meeting on the__ day of . ~- .~ _, 1989. Ursula E. Kennedy, Mayor Mary WYnn, City Clerk