HomeMy WebLinkAboutCC 5 T.T. MAP 13053 12-07-87 · ~ ~ CONSENT CALENDAR
',. NO. 5
DATE: DECEIqBER 7, 1987 ~ '
TO:
FROM:
SUBJECT:
WILLINq HUSTON, CITY MANAGER
,.
COI~IUNITY DEVELOPIqENT DEPARTMENT
TENTATIVE TRACT MAP 13053 (J.lq. PETERS)
RECOI~ENDED ACTION
It is recommended that the City Council: 1) approve the Environmental
Determination for the project by adoption of Resolution No. 87-136, 2) approve
Tentative Tract Map No. 13053 as recommended by the Planning Commission by the
adoption of Resolution No. 87-137.
S~RY
The Planning Commission at a regular meeting on November 9, 1987 recommended to
the City Council approval of Tentative Tract Map 13053 subject to conditions
contained in Exhibit A to Resolution No. 2451._
The proposed tract map would subdivide a 24.359 acre site into 118 numbered and
four (4) lettered lots (for landscape maintenance purposes) permitting the
development of 118 single family detached dwelling units.
In conjunction with the proposed project, the Planning Commission at their
meeting of November 9, 1987 also approved Design. Review No. 87-33 approving the
specific site plan' and architectural design of the project.
The project site is bounded by existing residential development (Tract 6628) to
the west, Irvine Boulevard to the north, proposed Tustin Ranch Road to the east
and Tentative Tract 13094 to the south. Planned and anticipated development in
the vicinity include a proposed 103 unit single family detached development
(Tentative Tract 13094) to the southwest immediately adjacent to the project,
and a community park site immediately across Tustin Ranch Road to the east.
PROJECT DESCRIPTION/SITE PLAN
Submitted development plans for the-project propose construction' of 118
two-story single family detached dwelling units on lots approximately
6,200-6,500 square feet in size. The project contains four unit types -- 28
four (4) bedroom (or three bedroom plus den) with bonus room units, 30 three
bedroom (plus bonus room) units, 29 five bedroom (or four bedroom plus den) and
31 four bedroom (or three bedroom plus den) units. Units will range in size
J
City Council Report
Tentative Tract Hap 13053
December 7, 1987
pa ge two
from approximately 3,070 square feet to approximately 3,370 square feet. The
overall density of the project is proposed at 4.6 dwelling units per acre with
eighteen to twenty foot front setbacks proposed for the project. Although the
Specific Plan recommends a minimum rear setback of 25 feet and an average of 30
feet adjacent to existing single family dwellings to the north, development
plans propose setbacks which range between 25 - 52 feet with an average setback
of 36 feet.
In conjunction with the project the applicant proposes construction of ten
public streets, all of which will be built with a 56' right-of-way width.
However, in contrast to the recently approved Bramalea development to the south,
the applicant is proposing to provide the required five foot sidewalk
immediately adjacent to curb and include the three foot landscape area behind
the sidewalk. Access to the project will be provided at the proposed Tustin
Ranch Road by Street "A" and at Park Center Lane via Street "B". Additionally,
vehictular movement within the project will also be able to access Browning
Avenue through the Bramalea project to the south upon its completion. The
applicant has entered into an agreement for the construction of common
intersection improvements for Street "B" with the Bramalea Company.
Other features of the project can be summarized as follows'
-- Three (3) landscaped lots are proposed for landscaping along Irvine
Boulevard, Tusti'n Ranch Road and Park Center Lane.
-- The project is proposed to be constructed in three (3) phases with
construction of approximately 39-40 units per phase.
-- A split face concrete block wall consistent with the theme wall
approved.with Tract Map 12763 is proposed to be constructed around the
project. Staff would recommend establishment of design standards to
be used for any wall and fencing constructed to divide common property
lines within the Tract.
-- A minimum six (6) foot wide paseo is to be provided near the
intersection of Tustin Ranch Road and Park Center Lane between Lots 84
and 85 to facilitate direct and hazard free connection within the
project, to adjacent projects and neighborhood support services.
ARCHTTECTURAL DESIGN
The proposed architectural design for the project will introduce elements of two
(2) architectural styles, Spanish Monterey style (second story wood balconies,
wood roof beams) and an early California Monterey ranch style (exposed window
and door wood trim and some wood siding). Prospective buyers will be able to
choose one of the above' architectural design themes for any one of the proposed
untt types. .-
Community Development DeparTment
rr
City Counct 1 Report
Tentative Tract Hap 13053
December 7, 1987
pa ge three
The proposed architecture ts consistent with the desired East Tusttn Ranch
style.
ISSUES
School Facilities - The Community Development Department did not receive
correspondence or comment from the Tustin Unified School Distrfct concerning
Tentative Tract Hap 13053.
Environmental Analysis - Based upon review of the subject map as well as
Environmental Impact Report 85-2 (as supplemented) it has been determined that
environmental issues relating to this project have 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 City Council make the finding that requirements of the
California Environmental Quality Act have been met and that no further
environmental revt .eW~,~is required.
CONCLUSION
Since the proposed project meets requirements of the Tusttn Specific Plan, the
Subdivision Map Act, .the City's Subdivision Ordinance, and the California
Environmental Quality Act it is recommended that the City Council approve the
Environmental Determination for the project and Tentative Tract Map 13053 by
adoption of the attached Resolutions.
L _
Director of'Communt ty~velopment
JSD:CAS:ts
Attachments: Resolution No. 87-136 and 87-137
Planning Commission Resolution's 2449, 2450, and 2451
Tentative Tract Map 13053
Corn munity Development Department
2
RESOLUTION NO. 87-136
3
4
5
6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT
REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS
ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE
TRACT MAP 13053 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'
B I. The City Council finds and determines as follows:
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A. Tentative Tract Map 13053 and respective development plans are
considered "projects" pursuant to the terms of the California
Environmental Quality Act; and
B. The projects are covered by a previously certified final
environmental impact report for the East Tusttn Specific Plan
which serves as a Program EIR for the proposed project- and
II. The East Tustin Specific Plan final Environmental Impact Report
previously certified on March 17, 1986 was considered prior to
approval of these projects. The Planning Commission hereby finds:
the project is within the scope of the East Tustin Specific Plan
previously approved; the effect of the project was 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 these projects 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. 2451 recommending approval of Tentative Tract Map
13094 and Exhibit A of Planning Commission Resolution No. 2450 and
City Council Resolution No. 87-137 approving Tentative Tract Map
13094.
PASSED AND ADOPTED by the City Council of the City of Tusttn at a
regular meeting held on the 2nd day of November, 1987.
Richard B. Edgar
Mayor
, Mary E. Wynn
City Clerk
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 87-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING TENTATIVE TRACT MAP NO. 13053
The City Council of the City of Tustln does hereby resolve as follows:
·
I. The City Council finds and determines as follows:
A.
That Tentative Tract Map No. 13053 was submitted to the Planning
Commission on behalf of the J.M. Peters Company for
consi derati on.
B. That a public hearing before the Planning Commission was duly
called, noticed and held for said map.
C. That the Planning Commission forwarded to City Council a
recommendation to approve Tentative Tract Map 13053 by the
adoption of Resolution No. 2451.
D. That an Environmental Impact Report (EIR 85-2 for the East
Tustin Specific Plan) has been certified in conformance with the
requirements of California Environmental Quality Act for the
subject project area.
E. 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.
F. That 1.2036 acres of parkland required of this project was
previously dedicated with recordation of Tract 12763.
G. 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 Tentative Tract Map 13053 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 through the
reservation of a high school site and elementary site in
conjunction with Tentative Tract Map 12763, and imposition of
school facilities fees as a condition of approval of Tentative
Tract Map 13053.
Ho
That the site is physically suitable for the type of development
proposed.
I. That the site is physically suitable for the proposed density of
development.
1
2
3
·
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 87-137
Page t~o
That the design of the subdivision or the proposed improvements
are not ltkely to cause substantial environmental damage or
substantially and avoidably tnjure ftsh or wtldltfe tn their
habttat.
K. That the destgn of the subdf vt st on or the type of improvements
proposed wtll not confltct ~tth easements acqutred by the
public-at-large, for access through or use of the property
~ithtn the proposed subdivision.
L. That the design of the subdivision or the types of Improvements
proposed are not ltkely to cause sertous public health problems.
II. The City Council hereby approves Tentative Tract Map No. 13053
subject to all conditions contained in Exhibit A of Planning
Commission Resolution No. 2451 incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tusttn City Council, held on
the day of , 1987.
Richard B. Edgar
Mayor
Mary E. Wynn
City Clerk
o =¢i~
Repo'r to the
Planning Commission
·
ITEM NO. 6
DATE:
SUBJECT:
APPLICANT:
LOCATION:
REQUEST:
ENV IROI~IENTAL
STATUS:
NOVEMBER 9, 1987
TENTATIVE TRACT MAP NO. 13053 AND DESIGN REVIEW 87-33
· 1. lq. PETERS COMPANY
LOTS 3, I AND O OF TRACT 12763
1) AUlllORIZATION TO SUBDIVIDE 24.359 ACRES INTO 118 NUMBERED AND
3 (THREE) LETTERED LOTS FOR SINGLE FAMILY DEVELOPlqENT,
2) APPROVAL OF SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROPOSED
PROJECT INCLUDING AN ADMINISTRATIVE ADJUSTMENT FOR FRONT SETBACKS
THE PROJECT IS COVERED BY A PREVIOUS EIR, (85-2) FOR THE EAST
TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED
RECOI~NENDED ACTION:
It is recommended that the Planning Commission l~ake the following actions'
1. Approve Environmental Determination for project by adoption of
Resolution No. 2'449, as submitted or revised.
®
Approve Design Review 87-33 and Administrative Adjustment by adoption
of Resolution No. 2450, as submitted or revised.
3. Recommend to City Council approval of Tentative Tract Map 13053 by
adoption of Resolution No. 2451, as submitted or revised.
S~RY'.
Applicant 'proposes to subdivide a 24.359 acre site into 118 numbered and three
{3) lettered lots for the purpose of developing 118 single family detached
dwelling units. Prior to development as proposed, the Planning Commission must
approve the proposed Tentative Tract Map and a Design Review of the project
pursuant to provisions of the East Tustin Specfic Plan.
Community Development Department
P1 anntng Commission Report
November 9, 1987
Tentative Tract Map 13053
Page two
mm
The project site is bounded by existing residential development (Tract 6628) to
the west, IrvineI Boulevard to the north, proposed Tustin Ranch Road to the east
and Tentative Tract 13094 to the south. Planned and anticipated development in
the vicinity include a proposed 103 unit single family detached development
(Tentative Tract 13094) to the southwest immediately adjacent to the project,
and a community park site immediately across Tustin Ranch Road to the east.
PROJECT DESCRIPTION/SITE PLAN:
Submitted development plans for the project propose construction of 118
two-story single family detached dwelling units on lots approximately
6,200-6,500 square feet in size. The project contains four unit types -- 28
four (4) bedroom (or three bedroom plus den) with bonus room units, 30 three
bedroom (plus bonus room) units, 29 five bedroom (or four bedroom plus den) and
31 four bedroom {or three bedroom plus den) units.Units will range in size from
approximately 3,070 square feet to approximately 3,37~) square feet. The overall
density of the project is proposed at 4.6 dwelling units per acre with eighteen
to twenty foot front setbacks proposed for the project. Although the Specific
Plan recommends a minimum rear setback of 25 feet and an average of 30 feet
adjacent to existing single family 'dwellings to the north, development plans
propose setbacks which range between 25 - 52 feet with an average setback of 36
feet.
In conjunction with the project the applicant proposes construction of ten
public streets, all of which will be built with a 56' right-of-way width.
However, in contrast to the recently approved Bramalea development to the south,
the applicant is proposing to provide the required five foot sidewalk
immediately adjacent to curb and include the three foot landscape area behind
the sidewalk. Access to the project will be provided at the proposed Tustin
Ranch Road by Street "A" and at Park Center Lane via Street "B". Additionally,
vehiciular movement within the project will also be able to access Browning
Avenue through the Bramalea project to the south upon its completion. The
applicant has entered into an agreement for the construction of common
intersection improvements for Street "B" with the Bramalea Company.
Other features of the project can be summarized as follows:
-- Three (3) landscaped lots are proposed for landscaping along Irvine
Boulevard, Tustin Ranch Road and Park Center Lane.
Community Development Department
Planning Commlssion Report
November 9, 1987
Tentative Tract Map 13053
Page three.
-- The project is proposed to be constructed in three {3) phases with
construction of approximately 39-40 units per phase.
-- Up to a 6'8" split face concrete block wall consistent with the theme
wall approved with Tract Map 12763 is proposed to be constructed
around the project. Staff would recommend establishment of design
standards to be used for any wall and fencing constructed to divide
common property lines within the Tract.
ARCHITECTURAL DESIGN:
The proposed architectural design for the project will introduce elements of two
{2)architectural styles, Spanish Monterey style (second story wood balconies,
wood roof beams) and an early California Monterey ranch style {exposed window
and door wood trim and some wood siding). Prospective buyers will' be able to
choose one of the above architectural design themes for any one of the proposed
unit types.
The proposed architecture is consistent with the desired East Tustin Ranch
style.
ISSUES
School Facilities - As of the transmittal date of this staff report no
correspondence has been received from the Tustin Unified School District on
Tentative Tract Map 13053. As information becomes available, it will be
transmitted to the Commission.
While the Commission may recall that school facilities were reserved in
conjunction with Tract Map 12763, the School Facilities Agreement between the
Irvine Company and the Tustin Unified School District provides that the Irvine
Company would not process for approval by the City final residential builder
map until an agr'eement is reached between the Company and District providing a
funding mechanism for provision of adequate school facilities in East Tustin.
Prior to filing of Tentative Tract Map 13053, the City did request information
from the District and Company on the status of School financing. While, no
response has been received from the District, correspondence was received from
the Irvine Company on September 21, 1987. The Company has prepared a
Preliminary School Facilities and Financing Plan for the Tustin Ranch community
which was sent to the District on July 13, 1987. In addition, on August 14,
1987, they forwarded to the District a Technical Supplement to the plan which
provided a more detailed explanation of the methodology used in the preparation
of our Preliminary Financing. and Facility Plan.
Community Development Department
Planning Commission Report
November 9, 1987
Tentative Tract Map 13053
Page four
While the Company has reached no conclusions with the District on the plan,
staff feels that there 'has been a good faith effort by the Company to address
the requirements for the East Tustin Plan. In addition, in reviewing 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
Tentative Tract Map 13053 on School District facilities, and changes in State
law, it has been determined that the impacts on School District facilities by
approval of Tract Map 13053 are adequately addressed through the reservation of
a high school site and elementary site in conjunction with Tentative Tract Map
12763, and imposition of school facilities fees as a condition of approval of
Tentative Tract Map 13053.
Sidewalks Adjacent to Curb - Applicant has proposed that public sidewalks
throughout the project be located immediately adjacent to the street and that
the balance .of the public right-of-way required for landscape purposes be
situated behind the sidewalk. This configuration is in contrast to traditional
oatterns used throughout the City but is permissable pursuant to the East Tustin
Specific Plan. Further, the same treatment was used in the Belleford-Ranchwood
project (Tract 6628) which is immediately west of the proposed subdivision.
Positive aspects of this configuration include extended front yards for
residents, reduced maintenance problems associated with .landscape strips
separated by sidewalks, and the elimination of the need, for persons required to
park in the street, from crossing landscape areas. Negative aspects of this
pattern include the potential conflicts that could result when car doors open
directly into a pedestrian walkway, extension of the expanse of hard,
paved/concrete areas without the visual relief offered by parkway strips and the
obvious misunderstanding that might result in the future for residents who
perceived that part of the public right-of-way is their property.
Given other aspects of the site, particularly the 18 foot setback issue
(discussed below), the Design Review Committee recommends the Commission give
positive consideration to permitting sidewalks situated adjacent to curb.
However, as a stipulation to this recommendation, should this configuration be
unacceptable to the United States Post Office {written confirmation of U.S.P.S.
approval has not yet been received), then standard configurations or even
meandering of' sidewalks should be required. These circumstances have been
addressed in appropriate conditions of approval.
Eighteen (18') Foot Front Setbacks - On various lots throughout the project {18
of the 118 lots) an 18 foot front yard is provided fron the property line in
lieu of the 20 feet required by the East Tustin Specific Plan. However, the
Specific Plan also provides that based upon certain findings, the Director of
Community Development may grant a 10[ reduction in a required building setback.
However, to preclude the necessity of an additional public meeting and based
o UpOn the input and discussion of the Design Review Committee, the Director
mmends, the Commission. approve the setback.
Community Development Department
Planning Commission Report
November 9, 1987
Tentative Tract 13053
Page fi ve
1. That the adjustment requested ts a mi nor modlfication to site
development standards that constitutes a reasonable use of property
not permissible under a strict literal interpretation of the
regulations; and
2. That the adjustment requested as granted addresses speci al
circumstances of hardship in that rear setback requirements imposed
upon lots adjacent to existing development are in excess of those
required for the same density classification elsewhere in the East
Tustin Specific Plan thereby creating additional site planning
constraints; and
3. That the adjustment requested is not uniformly applied to the entire
subdivision but only to a limited number of lots.
4. Proposed sidewalk configurations will result in structures being
actually setback in excess of 20 feet from the back of sidewalk, (21
feet minimum) in that there is three feet of' extended front yard
landscaping as part of the public right-of-way. This factor is
important in that the integrity of a full driveway back-up area
{before a vehicle encroaches into a pedestrian or vehicular travel
way) is retained.
Landscape Areas at Project Entry Points - Submitted plans propose that landscape
areas paralling "A" and "B" Streets at project entry points be the
responsibility of individual owners of Lots 1, 77 and 94. These areas are
obvious key focal points into the project. In conjunction with the perimeter
landscape concept plan proposed for the entire sector, continued maintenance of
these areas is of extremely important to the aesthetic appearances of the
subdivision. Staff does, therefore, not believe that these areas should be the
burden of only three owners of a 118 lot subdivision. To ensure continued
maintenance and high quality entry appearance, it is recommended that
maintenance of .these areas become the responsibility of a Homeowner's
Association. This action will not add any burden to the developer in terms of
creation of the Association since such a mechanism is already required for
maintenance of Lot C, adjacent to Park Center Lane, which is not a part of the
East Tustin Landscape Maintenance District.
Also in terms of aesthetics of these entry points, staff recommends consistency
with the approved entry ways into the Bramalea project on Street "B".
The street sections for Street 'tumBrel should show a three foot landscape area
- adjacent to curb and then a five (5) foot sidewalk area.
Pedestrian Paseo Area Betwen Lots 84 and 85 - To promote a hazard free
connection within the project to community services and support areas, as
referenced in the East Tustin Specific Plan EIR, a separate.6 foot wide
pedestrian/bicycle paseo lot is additionally recommended by for the easement
area shown between lots 84 and 85 although not shown on the applicant's
Community Development Department
Planning Commission Report
November 9, [987
Tentatlve Tract Map [3053
Page stx
proposal. A paseo in this location takes advantage' of an easement so no
buildable area is lost. Additionally, access at this point directs pedestrians
to a controlled intersection at Tustin Ranch Road, which in turn leads to the
community park site as well as future high school and elementary school sites to
the east across Tustin Ranch Road.
Although the applicant has argued that residents from most remote units would
have to travel only 700' to nearest exit of tract, and thus the paseo is not
needed, this distance is in excess of a standard City block. Such additional
distance may be considerable for school age children. Further, identified tract
exit points are not provided with controlled pedestrian, crossings.
_~ ENVIROI~ENTAL AMALYSIS
Based upon review of the subject map as well as Environmental Impact Report 85-2
(as supplemented} it has been determined that environmental issues relating to
this project have previously bee. n 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 Commission
make the finding that requirments 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. Staff
will respond to any questions concerning listed conditions at the November 9th
public hearing.
Community Development Department
Planning Commission Report
November 9, 1987
Tentative Tract Hap 13053
Page seven
im
CONCLUSION
Given the analysis conducted by staff and consideration of comments from other
agencies and the public, it is concluded that the proposed project meets
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 Commission recommend to City Council approval of Tentative
Tract Map 13053 and approve Design Review 87-33.
JSD:pef
Christine Shinglet~
Director of Community Development
Attachments:
Tentative Tract Map 13053
Si te Plan
Elevations
Resolution No. 2449, 2450, & 2451
Community Development Department
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
1'9
20
21
22
23
24
25
26
:27!
28
RESOLUTION NO. 2449
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT
REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS
ADEQUATE TO SERVE AS THE PROGRAM EI'R FOR TENTATIVE
TRACT MAP 13053 AND DESIGN REVIEW 87-33 AND ALL
FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS
REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I.. The Planning Commission finds and determines as follows:
A®
Tentative Tract Map 13053 and respective development plans are
considered "projects" pursuant to the terms of the California
Environmental Quality Act; and
B. The projects are covered by a previously certified final
environmental impact report for the East Tustin Specific Plan
which serves as a Program EIR for the proposed project and;
II. The East Tustin Specific Plan final Environmental Impact Report
previously certified on March 17, 1986 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 effect of this project was 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 Condl'tions on Exhibit A of Resolution No. 2450
approving Design Review 87-33 and Exhibit A of Resolution No. 2451
recommending approval of Tentative Tract Map 13053.
PASSED AND ADOPTED by the Planning Commissjg~of ,the ~it,.y of Tusti at a
regular meeting held on the ~/~'/~ day of y F ~f'~-6.,/k~#_-.F~L-b
i ' 198~'--
se NNI FOLEY,
cretary
KATHY WE I L,fl
Chairman
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
C[TY OF TUST[ N )
I, PENN[ FOLEY, the undersigned, hereby certtfy that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. ,~/.~/~ was duly passed and odopted at ~?l'egulari meeting of
the ~stln Planning Commission, held on the ~'l~ day of ~_/~//tjJ_z.t_J ..,
[98
~/ Recording Secretary
1
2
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2450'
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-33
AND AN ADMINISTRATIVE ADJUSTMENT FOR A PROJECT WITH
118 DETACHED SINGLE FAMILY DWELLINGS ON 24.359 ACRES
ON LOT 3 OF TRACT 12763
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, Design Review No. 87-33, was filed
by J. M. Peters Company, requesting approval of a 118 detached
single family dwelling unit project.
B. That a public hearing was duly called, noticed and held on said
.. application on November g, 1987.
C. .Pursuant to Section' 9272 of the Tustin Municipal Code, the
Commission finds that the location, size, architectural feature~
and general appearance oi~ the proposed development will not
impair the orderly and harmonious development of the area, the
present or future development therein, or the occupancy .as a
whole. In making such findings, the Commission has considered
at least the following items:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior material s and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and
televi sion antennae.
7. Landscaping, parking area design and traffic circulation.
8. Location, height and standards of exterior illumination.
9. Location and appearance of equipment located outside of an
enclosed structure.
· 10. Location and method of refuse storage.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
..
Resolution No. 2450
Page ~o
11, Physical relationship of proposed structures to existing
structures in the neighborhood.
12. Appearance and design relationship of proposed structures
to existing structures and possible future structures in
the neighborhood and public thoroughfares.
13. Proposed signing.
14. Development Guidelines and criteria as adopted by the City
Counci 1.
D.
Pursuant to Section 3.13 of the East Tusttn Spectftc Plan, the
Commission approves an Administrative Adjustment of 2 feet of
the required 20 foot front setback-on 18 of the 118 lots
provided within the subdivision based upon the following
findings:
1. -The use ts in conformance with the Tustin Area General
Plan;
2. The granting Of an Administrative Adjustment as herein
provided will not be contrary to the intent .of the Zoning
Ordinance, the East Tustin Specific Plan or the public
safety, health and welfare.
3. The granting of an Administrative Adjustment as herein
provided will not constitute a grant of special privilege
inconsistent with the limitations upon other properties in
the vicinity and district tn which the subject property ts
st tuated.
e
That the adjustment requested ts a minor modification to
stte development standards that constitutes a reasonable
use of property not permissible under a strlct literal
interpretation of the regulations; and
®
That the adjustment requested as granted addresses special
circumstances of hardship tn that rear setback requirements
1reposed upon lots adjacent to existing development are tn
excess of those' requt red for the same density
classification elsewhere in the East Tustin Specific Plan
thereby creating additional site planning constraints; and
5
6
7
8
9
10
11
1:2
13
14
15
19
20
21
22
23
24
25
26
27
28
Resolution No. 2450
Pa ge three
5
Proposed sidewalk configurations will result in structures
being actually setback in excess of 20 feet from the back
of sidewalk, (21 feet minimum) in that there is three feet
of extended front yard landscaping as part of the public
right-of-way. This factor is important in that the
integrity of a full driveway back-up area (before a vehicle
encroaches into a pedestrian or vehicular travel way) is
retained.
The Planning Commission conditionally approves Design Review 87-33
authorizing construction of a project with 118 single family detached
dwelling units subject to the conditions attached hereto as Exhibit
A.
PASSED AND ADOPTE~) at a regular~ meeting of the Tustin P1 nni g Commission
held on the d~Tc day of c/"_/~.~:~9;~&:~' , 198__~ n ,
NNI FOLEY,
ecretary
· ,,
mm' i i
KATHY ~EIL;,
Chairman :
EXH IB]:T A
DES]:G#' RE¥]:EW 87-33
COIID[TIO#S' OF APPROVAL
RESOLUTIO# #0. 2450
November 9, 1987
.
GENERAL
1:1 The proposed project shall substantially ~:onform with the submitted site plan
for the project date stamped September 30, 1987 on file with the Community
Development Department, as herein modified, or as modified by the Director of*
Community Development Department in accordance with this exhibit,.
1.2 'Unless otherwise specified, the conditions contained in this exhibit shall be
complled with prior to the issuance of any bulldtng permit for the project,
subject to review and approval by the Community Development Department.
1.3 Design review approval shall be become null and void unless building permits
are tssued within eighteen (18) months of the date on this Exhibit.
1.4 At butldtng plan check, construction plans, structural calculations, and title
24 energy calculations shall be submitted. Requirements of the Uniform
Butldtng Codes, State Handicap and Energy Requirements shall be complied with
as approved by the 8ulldtng Official.
1.5 At butldtng plan check, provide preliminary technical detail and plans for all
uttltty Installations including cable TV, telephone, gas, water and
electricity. Additionally, a note on plans shall be included statlng that no
field changes shall be made without corrections submitted to and approved by
the Butldtng Official.
1.6 At building plan check submittal of final grading and specifications
consistent wtth the site plan and landscaping plans and prepared by a
· registered civil engtneer for approval of the Community Development
Department.
1.7 Submittal of a precise soils engineering report provided by a soils engineer
wtthtn the previous t~elve (12) months.
1.8 Applicants shall satisfy all Public Works Department requirements including
but not limited to all conditions contained in Resolution No. 2451.
Applicant shall comply with all requirements of the Orange County Fire Chief
including required fireflo~ and installation, where required, of fire hydrants
subject to approval of the Fire Department, City of Tusttn Public Works
Department and [rvtne 'Ranch Water District and compliance with all
requtrements pertai nt ng to construction.
1.10 Submittal of a detailed acoustical noise study prepared by a qualified
acoustical expert shall be subject to review and approval by the Community
Development Department to insure that interior noise levels do not exceed a
maximum of 45dBa' s.
Exhibit A
Resolution No, 2450
Page two
1.11 Constderatlon shall be gtven to rough plumbtng to retain future solar heating
opttons~. Copper shall be Installed from hot water closet and the hot water
closet Increased In stze to accommodate a solar water heater and addttton of a
110v electrical outlet.
1.12 Modifications to locations of specific untt types shall be permitted subject
to approval of the Oepartment of community Oevelopment provided that all
Spectftc Plan development standards can be met.
1.13 Applicant will be permitted to obtain building permits for model unit
construction prior to approval of Final Map 13053 provided all building code
requirements have been met including Public Works, Fire Department and
Community Development Department requirements and approvals. ·
1.14 a bicycle/pedestrian' circulation paseo lot shall be provided between lot 84
and 85 to facilitate direct and hazard free connections within the project, to
adjacent projects and neighborhood support services.
SITE AND BUILDING CONDITIONS
2.1 All exterior colors to be used shall be subject to a review and approval of
l~he Director of the Community Development Department. All exterior treatments
must be coordinated with regard to color, materials and detailing and noted on
submitted construction plans and elevations shall indicate all colors and
material s to be used..
2.2 A six foot high chain linked fence shall be installed around the site prior to
but.lding construction stages. Gated entrances shall be permitted along the
perimeter of the site for construction vehicles.
2.3 No rooftop mechanical or electrical fixtures and equipment shall be provided.
All telephone and electrical boxes must be indicated on the building plans and
shall be completely screened. Electrical transformers, where provided and
wherever possible shall be located toward the interior of the project
maintaining a sufficient distance from frontage of the project.
2.4 Submit detail for all on-site subdivision walls to be constructed by developer
including a design program for common property walls on individual lots. Show
type of wall cap and type of color, exterior materials on subdivision walls
which should be consistent with wall concepts approved for Tract 12763 and
decorative treatment of all exposed walls. Common property walls/fences
should be consistent with main building treatments. A protective rail or
guard must be installed on top of retaining walls where there is more than a
thirty (30) inch drop. Check the building code and provide details for such
treatment. All walls shall be contained within boundaries of individual lots
with the exception of subdivision walls along Park Center Lane which may be
located on landscaping-lettered lots.
£xhtbtt A
Resolution No. 2450
Page th tee
2.5 Mailbox architectural detail indicating color and exterior treatment (number
of coats of patnt, etc.) shall be submitted for revtew and approal of Otrector
of Community Oevelopment to ensure wear and durability. The style of
Individual mail boxes shall be subject to approval of the 01rector of
Community Oevelopment prior to Installation and should be decorative and
consistent wtth architectural style of project. Indtcate on stte plan and
improvement plans the proposed locatton of all structures and provide
construction level foottng and attachment details. If the Post Office
requtres mailbox locations at curbside, public right-of-way Improvement plans
should reflect meandering of stdewalk and parkway so that the parkway would be
at curbslde to accommodate proposed mailbox locations.
2.6 Provide ftnal master stgn plan for project to tnclude: a) project
Identification; b) on-stte address stgns. Provtde generalized location,
sizes, destgn and colors subject to revtew and approval of Tusttn Police
Oepartment, Orange County Ftre Department and Community Development
Oepartment. '
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
3.1 Landscaping plans for landscaping lots "A", "B", "C" and additional paseo lot
shall' address the control of fertilizers, pesticides, and trrtgatt'on water
runoff.
3.2 Future formal submittals shall substantially conform to the submitted
landscaping concept plan on file with the Oepartment of Community Development,
for Tract Map 12763 as herein and modified or as modified by the Director of
Community Oevelopment pursuant to the Ct ty' s Destgn Review procedures.
3.3 At plan check stages a completely detailed landscape and irrigation plan must
be submitted for landscaping Lots "A", "B", "C" and additional paseo lot with
whatever scale necessary to depict adequately what is occurring. Provide
summary table applying indexing identification to plant materials in their
actual location. The plan and table must list botantical and common names,
sizes, spacing, actual location and quantity of the plant materials proposed.
Show planting and berming details, soil preparation, staking, etc. The
irrigation plan shall show location and control of backflow prevention
devices, pipe size, sprinkler type, spacing and coverage. Details for all
equipment must be provided.
Show all property lines on the landscaping and irrigation plan, public
right-of-way areas, sidewalk widths, parkway areas, and wall locations. The
Department of Community Development may request minor substitutions of plant
materials or request additional sizing or quanity materials during plan
check. Note on landscaping plan that coverage of landscaping irrigation
materials is subject, to field inspection at project completion by the
Department.of Community Development.
3.4 The submitted landscaping plans at plan check must reflect the following
requirements for areas included in master landscape plan for Tract 12763:
£xhtbt t A
Resolutlon No. 2450
Page four
a)
Turf ts unacceptable for grades over 25~ a combination of planting
materials must be used, ground cover on large areas alone is not
acceptable.
b) Provtde a mtntmum of one 15 gallon stze tree for every 30 feet of
property llne on the property perimeter and five 5 gallon shrubs.
3.5 All newly planted trees shall be staked according to City standards.
3.6 Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8
feet on center when intended as .screen planning.
3.7 Ground cover shall be planted between 8 to 12 inches on center.
3.8 When 1 gallon plant sizes are used the spacing may vary according to materials
used.
3.9 Up along fences and or walls and equipment areas provide landscaping screening
with shrubs, and or vines and trees on plan check drawings.
3.10 All plant materials shall be installed in a healthy vigorous condition typical
to the species.
3.11 Landscaping must be maintained in a neat and healthy condition, this will
include but not be limited to triming, mowing, weeding, removal of litter,
fertilizing, regular watering, or replacement of disease or dead plants.
3.12 In irrigation areas controller to be enclosed in lockable housing. Design
irrigation systems to provide sufficient coverage of avoiding water overspray
on buildings and sidewalks. Note of this requirement to be on plan check
drawings.
STATE OF CALIFORNIA )
COUNTY OF ORANGE - )
CITY OF TUSTI N )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 6~2~~ was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the ~*/'-~day of'~~_~._~,~j/-~_~ ,
198 ~.
Recordtng Secretary
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27'
28
RESOLUTION NO. 2451
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF TENTATIVE TRACT MAP NO. 13053
The Planning Commission of the City of Tustin does hereby resolve as
follows:
The Planning Commission finds and determines as follows:
A. That Tentative Tract Map No. 13053 was submitted to the Planning
Commission by J. M. Peters Company, for consideration.
Be
That a public hearing was duly called, noticed and held for said
map.
Ce
That an Environmental Impact Report (EIR 85-2 for the East
Tustin Specific Plan) has been certified in conformance with the
requirements of California Environmental Quality Act for the
subject project area.
O. 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 1.2036 acre parkland required of this project was previously
dedicated with recordation of Tract 12763.
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 Tentative Tract Map 13053 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 through the
reservation of a high school site and elementary site in
conjunction with Tentative Tract Map 12763, and imposition of
school facilities fees as a condition of approval of Tentative
Tract Map 13053.
Ge
That the site is physically suitable for the type of development
proposed.
He
That the site is physically suitable for the proposed density of
development.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Resolution No. 245[
Page two
· I.. That the destgn of the subdivision or the proposed Improvements
are not 11kely to cause substantial environmental damage or
substantially and avoidably tnjure fish or wildltfe In their
habttat.
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
wt thtn the proposed subdt vt ston.
K. That the design of the subdivision or the types of Improvements
proposed are not ltkely to cause sertous publtc health problems.
II.
The Planntng Commission hereby recommends to the City Counctl
approval of Tentative Tract Hap No. [3053 subject to the condttlOnrS
attached hereto as Exhtbtt A.
PASSED AND ADOPTED at a regula4r meeting ,of the Tustln Planntng Commission,
held on the ~ ~L day of ~7//~/~.,~'~~_/ , [987.
16
17
1~ Ld~oennt Foley,
2~~' Secretary
22
23
24
25
2G
27~
f,~.-" ,. /," .,-t. . ..
~.._/L,-' -', -~' ~' ;'-~''' ':"' -
Kathy Welt:,
Chairman
Resolution 2451
EXHIBIT A
November 9, 1987
CO#DIT]O# OF APPROVAL FOR TENTATZVE TRACT HAP 13053
PUBLIC/PRXVATE ]NFRASTRUCTURE IHPROVEHENTS.
1.1 Prior to recordation of final map, the Subdivider shall prepare plans for
and construct or post security guaranteeing construction of all public
and/or private, infrastructure improvements within the boundary of said
tract map in conformance with applicable City standards, including but
not limited to the following:
A. Curb and gutter/cross gutters
B. Sidewalks including access facilities for physically handicapped
persons
C. Drive aprons/approach
D.. Street paving
Ee
F.
G.
H.
I.
O.
Street signing and pavtng
Landscapl ng/l rri gatt on faci 1 i ti es
Sanitary sewer service facilities
Domestic water service facilities
Ke
L.
M.
N.
O.
P.
Q.
Reclaimed water service facilities
Utility connections (i.e. gas, electric, telephone,-and cable T.V.
facilities)
Traffic signal systems and other traffic control devices
Street and paseo lighting
Storm drains and subdrains
Undergroundt ng of exi sting and proposed util i ty di stri bution 1 i nes
Lot monumentati on
Fi re hydrants
Bus turnouts In accordance wi th Orange County Transit District
turnout design guidelines, subject to approval of City Engineer.
The amount of acceptable security for construction of public improvements
shall be reviewed and approved by the Public Work Department. The amount
and acceptable security for private improvements shall be reviewed and
approved by the Bui I ding Official.
1.2 All construction within a public right-of-way and/or public easement must
be shown on a separate 24" X 36" plan with all construction referenced to
applicable City, County, Irvine Ranch Water District standard drawing
numbers.
1.3 All changes in existing curbs, gutters, sidewalks and other public
improvements shall be responsibility of subdivider.
1.4 Placement of all above ground facilities, such as signing, street lights,
fire hydrants shall be behind the sidewalk when said s-idewalks are
constructed adjacent to the curb within the public right-of-way.
Resolution No. 2451
Exht bi t A
Page ~o
1.5 Preparation of plans for and construction of all sanitary sewer
facilities must be submitted as required by the City Engineer and local
sew, ring agency. These facilities shall include a gravity flow system
per standards of the Irvine Ranch Water District.
1.6 Preparation of plans for and construction of a domestic water system to
the standards of the Irvine Ranch Water District/City of Tustin Water
Service, whichever is applicable at the time of plan preparation is
required. 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.
1.7 In tract storm drain design for sump conditions to be 100 year design.
The storm drain easement through Lot 85 shall be a minimum width as
required by Orange County EMA standards.
.1.8 Proposed streets shall be designed to the following specifications:
A. All public streets shall be 56 feet in right-of-way width.
B. All proposed streets shall be designed in substantially the same
alignment as shown on the approved tentative tract map unless
modified and approved by the Directors of Community
Development/Public Works as indicated in Exhibit A of F~esolution
No. 2450, Condition 2.5.
C. All public streets shall be constructed in accordance with City
requirements in terms of type and quality of materials used.
D. Parking will not be permitted on Park Center Lane.
1.9 The subdivider shall satisfy dedication and/or reservation requirements
as applicable, including, but not limited to the following:
A.
Dedication of all required street and flood control right-of-way,
vehicular access rights, sewer easements and water easements defined
and approved as to specific location by the City Engineer and other
responsible agencies.
1.10 Prior to recordation of the Final map, subdivider shall post with the
Community Development Department a minimum $2,500 cash deposit or letter
of credit to guarantee the sweeping of streets and cleanup of streets
affected by construction activities. In the event this deposit is
depleted prior to completion of development or City acceptance of public
streets, an additional incremental, deposit will be required.
.-
1.11 Any damage done to existing° street improvements and utilities shall be
repaired before acceptance f the tract and/or issuance of a Certificate
of Occupancy for development on any parcel within the subdivision.
Resolution No. 2451 '
Exhibit A
Page three
1.12 Prior to any work in the public right-of-way, an Excavation Permit must
be obtained (and applicable fees paid) from the Public Works
Department.
1.13 A minimum 6 foot wide bicycle/pedestrian circulation paseo lot shall be
provided between lot 84 and 85 to facilitate direct and hazard free
connections within the project, to adjacent projects and neighborhood
support services.
1.14 Lots lettered C and the proposed paseo lot to be created pursuant to
condition 1.13 to be the responsibility of adjoining property owner
within the proposed subdivision and/or future Homeowners Association.
1.15 Where sidewalk is constructed adjacent to curb, each residential lot
shall have planted, in the front yard area, on private property at
least one (1) fifteen gallon tree.
1.16 Prior to approval of Final Map execution of an agreement between
· developers of Tract 13053 and 13094 to provide for construction of
Street "B" is required. Sidewalk parkway area shall be designed on
both sides of Street "B" as approved with Tract 13094. Three foot
parkway shall be adjacent to curb.
1.17 Entry 'Street "A" shall have sidewalk and parkway design consistent with
Street "B" between Tustin Ranch Road and Street "J".
1.18 Street names shall be approved by* the Community Development Department
prior to approval and recordation of the Final Map.
1.19 Obligation for 25~ share of total traffic signal installation at Bryan
Avenue at Park Center Lane. A cash deposit or bond will be required
for a five (5) year period after map recordation with a return clause
if funds are not utilized or needed based on traffic warrant
I nforma ti on.
GRADING/DP~INAGE
2.1 Preparation and submittal of final grading plans delineating the
following is required prior to approval of Final Map.
A. Final street elevations at key locations
B. Final pad/finish floor elevations and key elevations for all site
grading. All final pad elevations to be a minimum of 1.0 feet above
the base flood elevation as defined by FEMA.
C. All flood hazard areas of record must be shown.
Resolution No. 2451
Exhlbt t A
Page four
2.2
Prtor to tssuance of prectse gradtng permtts, a detailed soil
engineering report shall be submitted to and approved by the Building
Offtctal conforming to the requirements of the Untform Butldtng Code,
Ctty Gradtng Requirements, and allother applicable state and local
laws, regulations anf requirements.
2.3 Prtor to tssuance of gradtng permits, preparation and submittal of a
gradtng plan subject to approval of the Oepartment of Community
Oevelopment delineating the following Information:
A. Methods of drainage in accordance with all applicable Ctty
standards.
B. All recommendations submitted by geotechntcal or sotl engineer and
specifically approved by them.
C. Compliance wtth conceptual grading shown on tentative tract map.
O. A drainage plan and necessary support documents to comply wtth the
following requirements:
1) Provision of dratnage facilities 'to remove any flood hazard to
the satisfaction of the Ctty Engtneer w. hlch will allow building
pads to be safe from Inundation from rain fall whtch may be
expected from all storms up. to and including the theoretical 100
year storm and dedication of any necessary easements on the
ftnal map as required. "
2) Elimination of any sheet flow and pondtng.
3) Provision of dratnage facilities to protect the lots from any
htgh veloctty scourtng actton.
4) Provision for contributory dratnage from adjoining properties.
E. All flood hazard areas of record.
F. A note shall be placed on the gradtng 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.
2.4 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.
2.5 A precise grading permit shall be issued prior to issuance of any
building permits within the subject Tract.
2.6
Prior to the issuance of precise grading permits, the Subdivider shal 1
submit a construction traffic routing plan to be reviewed and approved
by the Director of Public Works.
2.7 Prior to Issuance o.f precise grading permits, written approval must be
obtained from adjacent property owners for rights-of-entry for
construction acti vi ty across 1 ot lines.
P, esolutton No. 2451
Exhtbtt A
Page five
2.8 A qualified paleontologist/archealogtst, as appropriate shall be
present during rough grading operations. If resources are found, work
shall stop in the affected area and all resources shall be excavated or
preserved as deemed app top rt ate or as recommended by the
paleontologtst/archealologlst 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/archealogtst shall attend the pregrade construction
meeting to ensure that this condition and necessary procedures in the
event of a "find" are explained.
2.9 All earthwork shall be performed in accordance with the 'City of Tustin
Municipal Codes and grading requirements.
2.10 Any grading and/or placeme6t of fill over the Orange County £MA (Flood
Control District) easement across lots 69, 70, 71, 72, 73 and 76 will
requireeither coordination and/or a permit with/from Orange County EMA.
FIRE DEPARTMEk'T
3.1 The subdivider shall comply with all requirements of the Orange County
Fire Marshall, including required fire flow, installation where
required of fire hydrants subject to approval as to location by the
Fire Department, City of Tustin Public Works Department and Irvine
P,anch Water Dis.trict, and compliance with all requirements pertaining
to construction.
3.2 Prior to issuance of building permits for combustible construction,
evidence that adequate water supply and operational fire hydrants are
available for fire protection shall be submitted and approved by the
Orange County Fire Marshall. The subdivider shall also submit water
improvement plans for approval of Fire Marshal.
3.3 Sign plan shall include "Fire Road- No Parking" signs as .shown on Fire
Department notes.
Resolution No. 2451
Exht bi t A
Page si x
tlOISE
4.1 Prior to the issuance of any building permits, a final acoustical
analysis report describing the acoustical design features of the
structures required to satisfy the exterior and interior noise
standards shall be submitted to the Tustin Community Development
Department for approval along with satisfactory evidence which
indicates the 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 i n the field of acoustics.
Prior to issuance of any building permits for any project that falls
under the Browning Corridor, a complete noise study shall be conducted
and submitted to the City for review. In addition to Community Noise
Equivalency Levels (CNEL) said study provide information on single
event noise measurments as generated by helicopter flyovers for
information purposes only.
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.
4.2 Prior to issuance of any Certificates of Use or Occupancy, field
testing in accordance with the Title 25 regulations may be required by
the Building Official to verify compliance with STC and IIC design
standards.
4.3 All construction operations including engine warm up 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 unless the Building Official determines that said
activity will be 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.
Resolution No. 2451
Exhibit A
Page seven
CCR' S
5.1 Prior to approval of the final map, all organizational documents for
.the project including any deed 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. The City shall be included as a party to the C.C. & R's for
enforcement purposes.
B. Provision for effective establishment, operation, management use,
repair and maintenance of all common areas and facilities t~cluding
landscaping, common areas, walks and fences through a homeowner's
association or equivalent. Membership in said association shall be
inseparable from. ownership in individual lots.
C. Architectural controls which shall include but not be limited to
provisions regulating roof materials, exterior finishes, walls,
fences, lighting, landscaping, etc.
D. Landscaping, including vegetation, irrigation systems, and earth
mounding shall be installed on all landscaping lots as provided in
the Development Plan and shall be permanently maintained in good,
first-class condition; healthy,, without deterioration; and free of
waste and debris. City shall have the right to remedy any default
and enter property and be reimbursed for the cost of such remedy.
Homeowner's Association shall be responsible for maintenance on all
landscape/paseo lots, and shall be responsible for maintenance of
parkway landscape areas on Street "B" between Park Center Lane and
Street "J" and Street "A" between Tustin Ranch Road and Street "J".
E. Declarant, the Association, and all Owner(s) shall be required to
maintain the property in good and first-class condition, and 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 causes harm or is
materially detrimental to property or improvements within one
thousand (1,000) feet of the property.
F. Non-automotive vehicles, boats, trailers, or non-automotive storage
shall not be allowed in any parking, driveway or private street
area. Any vehicle with a width in excess of 84 inches shall not be
allowed in any parking, driveway, or private street area except for
purpose of loading, unloading, making deliveries or emergency
repairs..
G. Any construction repair, modification, or alteration of any
buildings, equipment, structures, or improvements on the property
shall be subject to the approval of the Homeowner's Association and
the City of Tustin Community Development Department.
Resolution No. 2451
Exhtbtt A
Page elght
H. All utility services serving the site shall be installed and
maintained underground.
I. The declarant, the Association, and. all Owner(s) shall be required
to file the names, addresses, and telephone numbers of each member
of the Association Board and/or the Manager for the project before
January 1st of each year with the City of Tusttn Community
Development Department.
J. All owners shall be required to provide subsequent prospective
owners with disclosure information related to aircraft noise
impacting the subdivision.
K. The perimeter project block wall shall be constructed on private
property. The exterior and structural integrity of the wall shall
be maintained by the Homeowner's Association. This shall not
preclude the Homeowner's Association from assessing a property owner
for damage determined by the Board of Directors to be the
responsibility of a property owner.
L. No amendments to any C.C. & R's filed in conjunction with this
project or development plan shall be recorded without the prior
approval of the City of Tustin-Community Development Department.
TENANT/NOMEBUYER NOTIFICATION
· .
6.1 * Prtor to the tssuance of Certificate of Occupancy, the subdivider shall
record 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.
6.2
Prior to issuance of Certificate of Occupancy, 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.
6.3 Prior to the issuance of Certificate of Occupancy, the Subdiv*ider 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.
6.4 Prior to the issuance of Certificate of Occupancy, the developer shall
provide the City with a schools notification statement which shall be
reviewed and approved by the Director of Community Development:
Resolution No. 245!
£xhtbtt A
Page ntne
FEES
A. The locatton of extstlng and proposed elementary, mlddle and hlgh
schools whtch wtll serve the subdivision (text and map).
B. The schools notification statement shall further advise homebuyers
that proposed school st tes may never be constructed.
6.5 Prtor to tssuance of Certificate of Occupancy, the Subdivider shall
provtde the Clty wtth a statement whtch must be stgned by each
tenant/homebuyer which shall contain a comprehensive description of all
private and publtc Improvements and developments adjacent or fn close
proximity to the proposed development.
6.6 Subdivider shall notify all potential home buyers of the following
Assessment/Maintenance Districts:
A. Assessment Oistrtct 85-1.
B. City of Tusttn 1982 Landscaping and Lighting District.
7.1 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 responsibility excluding those financed by
an Assessment District.
7.2 Prior to issuance of certificates of use or occupancy, the lSubdivtder
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. {Assessment District 85-1).
7.3
Prior to issuance of any building permits, payment shall be made of all
required fees including:
A. Major thoroughfare and bridge fees to Tusttn Public Works
Department.
B. Sanitary sewer connection fee to Orange County Sanitation District.
C. Grading planchecks and permit fees to the Community Development
Department.
D. All applicable Building plancheck and permit fees to the Community
Development Department.
R'esolutton No. 2451
Exhl bi t A
Page ten
GENERAL
E. New development fees to the Community Development Department.
F. School facilities fee to the Tusttn Unified School District subject
to any agreement reached and executed between the District and the
Irvtne Company.
8.1 Within twenty four 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.
8.2 Prior to occupancy of units, the Subdivider shall record a final map in
conformance with appropriate tentative map.
8.3
Prior to Final Map approval, subdivider shall submit a current title
report.
8.4 Subdivider shall conform to all applicable provisions of the City
Code. All requirements of the State Subdivision Map Act, the City's
Subdivision Ordinance and Zoning Ordinance shall be satisfied.
8.5 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.
8.6 Prior to release of building permits all conditions of approval of
Design Review 87-33 on the subject project shall be complied with as
shown on Exhibit A attached to Resolution No. 2450 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 Department of
Co'mmunity Development, Public Works and Fire Department.
8.7 Adherence to all pertinent requirements contained in East Tustin
Specifc Plan and Development Agreement, ETR 85-2, and Tract 12763.
8.8 The cumulative number of residential units for which certificate of
occupancy may be issued shall not exceed the cumulative total or square
feet of occupied revenue generating uses or equi, valents as shown in the
East Tustin Specific Plan Development Agreement.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTI N )
I, PENNI FOLEY, the undersigned, hereby certJfy that ! am the Recording'
Secretary of the Planntng Commission of. the Ctty of Tusttn, California; that
Resolution No. -~~-/ was duly passed a~.d adopted at.a re?ular meettng of
the Tusttn Planntng Commission, held on the ~Y~- day of ~-,~_,~:.~...~ ,
~.xL., ~OENNi FOLEY
L, Recordtng Secretary