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Home My WebLink AboutRPT 1 P.C. ACT AGENDA 12-07-87ACT[ON AGENDA TUSTIN PLANNING COHHISSION REPORTS NO. 1 12-7-87 REGULAR MEETING NOVEHBER 23, 1987 ,. CALL TO ORDER: 7' 30 p.m., City Counctl Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL' PUBLIC CONCERNS' Puckett, Weil, Baker, Le Jeune, Pontious (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS. OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) . Minutes of November 9, 1987 Planning Commission Meeting C~lsstoner Le ~eune ~ved, Baker seconded to appro~ the minu~s with ~ minor changes, t~tton ca. ted 5-0. 2. Permit to Operate a Large Family Day Care Home at 135 Mountain View C~tsstoner Puckett ~ved, Baker seconded to pe~t t operation of a Large Family Day CaM H~ at 135 Floun~tn Vim. Notion carried 5-0. PUBLIC HEARINGS . APPLICANT- OWNER' LOCATION' REQUEST: ZONING: ENVIRONMENTAL STATUS: Use Permit 87-25 LOUIE TONY CISNEROS 450 E. 1ST STREET, SUITE D TUSTIN, CA 92680 THOMAS LI #2 S. GARFIELD AVENUE ALHAMBRA, CA 91801 450 E. 1ST STREET, STE D AUTHORIZATION FOR A TYPE 41, BEER AND WINE LICENSE RESTRICTED TO ON-SITE CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE PURSUANT TO ORDINANCE NO. 981. FIRST STREET SPECIFIC PLAN CLASS 1' CATAGORICAL EXEMPTION Planning Commlsslon Actlon Agenda November 23, 1987 Page two Resolution No. 2456 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 450 EAST FIRST STREET, TUSTIN. Presentation: Joel Slavtt, Assistant Planner Coumtssloner Le Jeune uoved, Baker seconded-to approve Use Perutt 87-25 by the adoptton of Resolution No. 2456. Motion carrted 5-0. PUBLIC HEARINGS (continued) APPLICANT: LOCATION: REQUEST: ZONING: ENVIRONMENTAL STATUS: Vesting Tentative Map No. 13106 and Design Review 87-18 HUNSAKER AND ASSOCIATES ON BEHALF OF THE FIELDSTONE COMPANY LOT 6 OF TRACT 12763 1) AUTHORIZATION TO SUBDIVIDE 9.98 ACRES INTO 110 NUMBERED AND 19 LETTERED LOTS FOR SINGLE FAMILY ATTACHED DEVELOPMENT, 2) APPROVAL OF SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROPOSED PROJECT MEDIUM DENSITY RESIDENTIAL' EAST TUSTIN SPECIFIC ~LAN THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED Resolution No. 2457 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 EIR FOR VESTING TENTATIVE MAP 13106 AND DESIGN REVIEW 87-18 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY.THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Resolution No. 2458 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-18 A PROJECT WITH 110 ATTACHED SINGLE FAMILY DWELLINGS ON 9.98 ACRES ON LOT 6 OF TRACT 12763 Resolution No. 2459 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE MAP NO. 13106 Presentation: Jeffrey Davis, Senior Planner Commissioner Le Jeune moved, #etl seconded to direct staff to draft a letter to City Council for Planning Commission review at Their next meeting asking for discussion of the role the City should play in the review and enforcement of CC & R's. Motion carried by unanimous tnformal .consent. Commissioner Puckett moved, Ponttous seconded to find the EIR for the East Tusttn Speclflc P'lan adequate for thls project by "'the adoption of Resolution No. 2457. Morton carrted 5-0. Plannlng Commission Action Agenda November' 23, 1987 Page three Commissioner Le ~eune ~oved, Ponttous seconded to approve Destgn Revtew 87-18 by the adoption of Resolution liD. 2458 as revlsed. Morton carried 5-0. Com. tsstoner Le ,deune moved, Ponttous seconded to recommnd to Ctty Counct1 aproval of Vesting Tentative t~ap No. 13106 by the adoptton of Resolution No. 2459 as revtsed. Morton carrted 5-0. PUBLIC HEARINGS (continued) . Tentative Tract Map No. 13161, Desl~n .Review 87-22 &Vartance 87~5 APPLICANT: LOCATION: REQUEST: ZONING: ENVIRONMENTAL STATUS: LDM DEVELOPMENT INC. LOT 5 OF SECTOR TRACT 12763 1) AUTHORIZATION TO SUBDIVIDE 11.3 ACRE SITE INTO 145 CONDOMINIUM UNITS, 2) APPROVAL OF THE SITE PLAN, ARCHITECTURAL DESIGN AND A VARIANCE FOR THE'PROPOSED PROJECT. MULTIPLE FAMILY RESIDENTIAL THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. Resolution No. 2460 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 EIR FOR TENTATIVE TRACT MAP 13161 AND DESIGN REVIEW 87-22 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Resolution No. 2461 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-22 AND VARIANCE 87-5 FOR A 145 UNIT CONDOMINIUM PROJECT ON A 11.3 ACRES ON LOT 5 OF SECTOR TRACT 12763. Resolution No. 2462 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 13161 Presentation: Jeffrey Davis, Senior Planner Commissioner Puckett moved, Baker seconded to find the EIR for the East Tusttn Speclflc Plan adequate as the program EIR fo'r the project. ~otton carrted 5-0. Co, m, lssloner Puckett movec, Le Jeune seconded to approve Design REview 87-22 abd Yarlance 87-5 by the adoption Of Resolution No. 2461 as revised. Motion carried 5-0. Cmmtsstoner Puckett moved, Ponttous seconded to recommend to City Council approval of Tentative Tract ;4ap 13161 by the adoption of Resolution Ilo. 2462 as revtsed. ~4otton carrted 5-0. Planning Comml ssion Actlon Agenda November 23, 1987 Page four OLD BUSINESS NL~d BUSINESS ,. STAFF CONCERNS 9. Report on Ctty Counctl Acttons taken on November 16, 1987 meettn9 Presentation: Christlne Shingleton, Director of Community Development COMMISSION CONCERNS AOJOURllqENT At 9:45 p.m the Planfltng Commdsstofl by unanimous tnformal consent adjourned to the a Planntng Commission workshop on November 30, 1987 at 6:00 p.m. in the City Counctl Chambers Conference Roo~. The November 30th meettng wtll adjourn to a workshop on Oecember 14, 1987 at 6:30 p.m. in the Tusttn Library Conference Room. AGENDA TUSTIN PLANNING COMMISSION REGULAR MEETING NOVEHBER 23, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Puckett, Well, Baker, Le Jeune, Pontious PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE -- YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT. CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of November 9, 1987 Planning Commission Meeting 2. Permit to Operate a Large Family Day Care Home at 135 Mountain View PUBLIC HEARINGS ® Use Permit 87-25 i i im APPLICANT: OWNER: LOCATION: REQUEST: ZONING: E NV I RONMENTAL STATUS: LOUIE TONY CISNEROS 450 E. 1ST STREET, SUITE D TUSTIN, CA 92680 THOMAS LI #2 S. GARFIELD AVENUE ALHAMBRA, CA 91801 450 E. 1ST STREET, STE D AUTHORIZATION FOR A TYPE 41, BEER AND WINE LICENSE RESTRICTED TO ON-SITE CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE PURSUANT TO ORDINANCE NO. 981. FIRST STREET SPECIFIC PLAN CLASS 1: CATAGORICAL EXEMPTION Resolution No. 2456 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 450 EAST FIRST STREET, TUSTIN. Presentation: Joel Slavit, Assistant Planner Planning Commission Agenda November 23, 1987 Page two PUBLIC HEARINGS (continued) ® APPLICANT: LOCATION: REQUEST: ZONING: ENVIRONMENTAL STATUS: Vesting Tentative Map No. 13106 and Design Review 87-18 HUNSAKER AND ASSOCIATES ON BEHALF OF THE FIELDSTONE COMPANY LOT 6 OF TRACT 12763 1) AUTHORIZATION TO SUBDIVIDE 9.98 ACRES INTO 110 NUMBERED AND 19 LETTERED LOTS FOR SINGLE FAMILY ATTACHED DEVELOPMENT, 2) APPROVAL OF SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROPOSED PROJECT MEDIUM DENSITY RESIDENTIAL: EAST TUSTIN SPECIFIC PLAN THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED Resolution No. 2457 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 EIR FOR VESTING TENTATIVE MAP 13106 AND DESIGN REVIEW 87-18 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Resolution No. 2458 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-18 A PROJECT WITH 110 ATTACHED SINGLE FAMILY DWELLINGS ON 9.98 ACRES ON LOT 6 OF TRACT 12763 Resolution No. 2459 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE MAP NO. 13106 Presentation' Jeffrey Davis, Senior Planner · Tentative Tract Map No. 13161, Design Review 87-22 & Variance 87-5 APPLICANT: L OCAT I ON: REQUEST: ZONING: ENVIRONMENTAL STATUS: LDM DEVELOPMENT INC. LOT 5 OF SECTOR TRACT 12763 1) AUTHORIZATION TO SUBDIVIDE 11.3 ACRE SITE INTO 145 CONDOMINIUM UNITS, 2) APPROVAL OF THE SITE PLAN, ARCHITECTURAL DESIGN AND A VARIANCE FOR THE PROPOSED PROJECT. MULTIPLE FAMILY RESIDENTIAL THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. Planntng Commission Agenda November 23, 1987 Page three PUBLIC HEARINGS (continued) Resolution No. 2460 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 EIR FOR TENTATIVE TRACT MAP 13161 AND DESIGN REVIEW 87-22 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Resolution No. 2461 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-22 AND VARIANCE 87-5 FOR A 145 UNIT CONDOMINIUM PROJECT ON A 11.3 ACRES ON LOT 5 OF SECTOR TRACT 12763. Resolution No. 2462 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 13161 Presentation: Jeffrey Davis, Senior Planner OLD BUSINESS NEW BUSINESS STAFF CONCERNS 9. Report on 'City Council Actions taken on November 16, 1987 meeting Presentation: Christine Shingleton, Director of Community Development COl)ii SS ION CONCERNS ADJOURI~ENT Adjournment to the next regular Planning Commission meeting on December 14, 1987. MINUTES TUSTIN PLANNING COMI~ISSION REGULAR MEETING NOVEMBER 9, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: PRESENT: Weil, Baker, Le Jeune, Pontious ABSENT: Puckett PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of October 26, 1987 Plannin..~ Commission Meeting 2. Final Tract Map 12855 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: CAL PAC DEVELOPMENT MR. FRANK WU 14151 NEWPORT AVENUE TUSTIN, CALIFORNIA 92680 14572, 14582, 14592 HOLT AVENUE SPECIFIC PLAN NO. 6 REQUEST: A NEGATIVE DECLARATION WAS PREVIOUSLY APPROVED IN CONJUNCTION WITH TENTATIVE TRACT MAP 12855 TO RECOMMEND TO CITY COUNCIL FINAL APPROVAL OF TRACT 12855 Resolution No. 2455 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF FINAL TRACT MAP NO. 12855 Commissioner Weil moved, Baker seconded to approve the consent calendar. Motion carri ed 4-0. Planning Commission Minutr November 9, 1987 Page two PUBLIC HEARINGS 3. Use Permit 87-26 APPLICANT: 0 WN ER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: STEVEN R. CRAM 13832 RED HILL AVENUE TUSTIN, CALIFORNIA 92680 EDGAR E. PANKEY 320 WEST MAIN STREET TUSTIN, CALIFORNIA 92680 13832 RED HILL AVENUE C-1: RETAIL COMMERCIAL CATEGORICALLY EXEMPT, CLASS 1 AUTHORIZATION FOR A TYPE 41, BEER AND WINE LICENSE RESTRICTED TO ON-SITE CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE PURSUANT TO ORDINANCE NO. 981 Resolution No. 2446 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHOR-IZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 13832 RED HILL AVENUE. . Presentation: Joel Slavit, Assistant Planner The public hearing opened at 7-40 p.m. Anita .Judy, 13722-39 Red Hill Avenue, noted concerns about the alcbholic beverage license at this location.. Currently there are a lot of young people that continue their partying and fighting in the parking lot, which disturbs the people at the Rancho San Juan Condos. Denise Young, 13722-37 Red Hill Avenue, spoke in opposition to the license and was concerned that more people would congregate in the parking lot to continue their partying after the food establishments close. Steven Cram, agreed with the above complaints but would employ no minors and the operation is looking to cater to a more mature clientele. In addition, they would not have any arcades or facilities that would draw children to the establishment. The public hearing was closed at 7:44 p.m. Commissioner Le Jeune inquired if there were any police reports regarding the fighting. Staff responded that the Police Department had no comments on the application. Commissioner Baker asked for clarification of the number of allowed seating. He also asked what the closing time was for Barro's. He also asked if this use would be the same type of permit as Barro's has. The audience responded that Barro's closed at 9'30 p.m. Planning Commission Minutes November 9, 1987 Page three Commissioner Weil asked if there were brawls in the parking lot after 9:30 and also asked if Parents Who Care had responded to the application. Staff responded, that Parents Who Care had no comments; that the maximum allowed seating per the Zoning Code was 39 seats, upon receipt of a signed parking agreement from the owner of the center. Barro's received their permit before the City annexed this property. Therefore, there is no permit issued by the City and enforcement must be done through ABC. Commissioner Baker approved, Le Jeune seconded to approve Use Permit No. 87-26 by the adoption of Resolution No. 2446. Motion carried 4-0. Commissioner Weil asked staff to ask the Police Department to watch more closely to alleviate the problem for the neighbors. e Use Permit 87-22 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. JEFFREY BORDOCK ON BEHALF OF LA ESQUINA 14841YORBA STREET, SUITE 103 TUSTIN, CALIFORNIA 92680 CALIFORNIA PROPERTIES 17251E. SEVENTEENTH STREET; SUITE D TUSTIN, CALIFORNIA 92680 17245 E. SEVENTEENTH STREET CG: COMMERCIAL GENERAL CATEGORICAELY EXEMPT, CLASS 1 AUTHORIZATION FOR ON-SITE SALES OF GENERAL LIQUOR (LICENSE TYPE NO. 47) IN CONJUNCTION WITH A RESTAURANT USE Resolution No. 2444 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 87-22 FOR ON-SITE SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT 17245 E. SEVENTEENTH STREET Presentation: Laura Cay Pickup, Associate Planner Commissioner Baker clarified that there would be food (prepared on the premises) served while liquor would be sold. The public hearing was opened at 7:50 p.m. Jeff Bordok, 14841 Yorba, Suite 102, part owner of the restaurant, spoke in favor of the project. He noted that the bar is designed with a taco/appetizer bar to remain open after the kitchen closes at 11:00 p.m. The public hearing was closed at 7:52.p.m. Commissioner Baker moved, Le Jeune seconded to approve use Permit 87-22 by the adoption of Resolution No. 2444. Motion carried 4-0. P1 anni n§ Commi ssi on Mi November 9, 1987 Page four . APPLICANT: & OWNER: LOCATION: ENVIRONMENTAL STATUS: REQUEST: Amendment No. i to Zone Change 84-4 GOLDRICH, KEST AND ASSOCIATES 15233 VENTURA BOULEVARD; SUITE 816 SHERMAN OAKS, CALIFORNIA 91403 1262 BRYAN AVENUE THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CLASS I - EXISTING FACILITY WHICH CONSISTS OF THE OPERATION OF A PRIVATE FACILITY INVOLVING NO EXPANSION OF USE BEYOND THAT PREVIOUSLY EXISTING AUTHORIZATION TO AMEND THE DEVELOPMENT PLAN FOR TUSTIN ROYALE TO ALLOW A MAXIMUM OF SIX (6) NON-AMBULATORY, WALKER ASSISTED, SENIOR RESIDENTS Resolution No. 2448 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL OF AMENDMENT NO. I OF ZONE CHANGE 84-4, FOR THE PROPERTY KNOWN AS TUSTIN ROYALE, 1262 BRYAN AVENUE Presentation: Mary Ann Chamberlain, Associate Planner Commissioner Baker inquired if these non-ambulatory residents would all be located on the first floor. Lloyd Dick, Building Official, responded that the State Social Services, Fire Code and Building Code require that non-ambulatory residents be located on the first floor. The public hearing opened at 8'01 p.m. Mann¥ Aftelr~ut, 15233 Ventura Blvd., Suite 816, Sherman Oaks, representing Goldrich Kest and Associates, spoke in favor of the project noting that it has become a strong community asset. He confirmed that the non-ambulatory residents will be housed on the first floor. Commissioner Le Jeune asked for the measurement on existing exit door clearances. Mr. Aftergut did not know the measurement. He did note that the doors were the standard size of that used in an apartment complex. Commissioner Weil noted that Tustin Royale is an excellent facility. The public hearing was closed at 8:06 p.m. Commissioner Baker noted that at first he did not like the project, however, now it is a welcome addition. Commissioner Baker moved, Le Jeune seconded to approve Amendment No. 1 to Zone Change 84-4 by the adoption of Resolution No. 2448. Motion carri ed 4-0. Planning Commission Minut~ November 9, 1987 Page fi ve e Tentative Tract Map No. 13053 and Design Review 87-33 APPLICANT: LOCATI ON: REQUEST: ENVIRONMENTAL STATUS: J. M. PETERS COMPANY LOTS 3, I AND J OF TRACT 12763 1) AUTHORIZATION TO SUBDIVIDE 24.359 ACRES INTO 118 NUMBERED AND 3 (THREE) LETTERED LOTS FOR SINGLE FAMILY DEVELOPMENT, 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 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 EIR 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. 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 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 Presentation: Jeffrey S. Davis, Senior Planner Staff made revisions to the resolution which will follow. The public hearing was opened at 8:27 p.m. Mr. Gene Hirao, representing J. M. Peters Company, noted that he enjoyed working with staff. He had these issues 1) the location of the bike paseo doesn't seem to benefit the whole project {Resolution 2450, Exhibit A, Condition 1.14); 2} the submittal and approval of the CC&R's not be required until prior to release of certificates of occupancy {Resolution 2451, Exhibit A, Condition 5.1); and 3) they concur with the new wording regarding the traffic signal on Park Center Lane and Bryan Avenue. Jerry Feldman, representing Bellwicke Community Association, met with The Irvine Company and J. M. Peters Company. He is pleased and has received no negative comments on the project. He had two concerns 1} that the paseo be adequately lighted; and 2} he questioned the power given the Commun,ity Development Department in Resolution 2451,Exhibit A, Condition 5.1 L. Lois Jeffrey, Deputy City Attorney, noted that the involvement of the Community Development Department is to place the enforcement of the CC&R's on the Homeowner's Association and that the City will not pass judgement on anything the homeowners might want. to do. Planning Commission Mi nutes November 9, 1987 Page si x Commissioner Weil clarified with Lois Jeffrey that there is a requirement of possibly 75% association member approval to change the CC&R's. The public hearing was closed at 9:42. Commissioner Pontious noted that she would like to see that adequate lighting be provided along the paseo and that location of the paseo adjacent to a controlled signal was very beneficial. Commissioner Well noted that she was concerned with the security of the paseo being like a long narrow tunnel. commissioner Baker stated that he wants the access but feels the long tunnel is a concern regarding litter and security. He asked if anything could be done about this s i tuati on. Staff responded that the proposed location for the pedestrian/bicycle paseo was intended to provide access within the interior of the project for children instead of along Tustin Ranch Road. Staff would be willing to look at alternative locations which provide direct access in proximity to Park Center Drive and Tustin Ranch Road. The Police Department has required lighting for the paseo and direct line of site for security purposes. The EIR requires pedestrian and bicycle circulation be provided during project review. The pedestrian/bicycle paths is also a major policy direction provided by the City Council. Commissioner Baker questioned the possibility of a Bike Trail along Tustin Ranch Road. Staff noted that the existing bike trails are on Irvine Boulevard and Bryan Avenue. Other neighborhood activity nodes and facilities include the elementry school, access to Tustin Ranch Road and the community park. Staff cannot overlook school children walking on a secondary highway when they can be provided with an internal walkway within the project. Jennings Pierce, representing the Irvine Company, noted that the Tustin Ranch Road improvements are out to bid and under construction. He believes that Tustin Ranch Road will have a striped bikeway and a meandering six foot walkway. Commissioner Baker noted that within the tract the sidewalk would be five foot wi de, unobstructed and immediately next to the curb. He asked for clarification of the Post Office situation. A discussion ensued between the Commissioners, Mr. Hirao and staff clarifying that the Post Office requires that boxes be next to the street with possibly four boxes to a post. The conditions of approval will ensure that the design and configuration of said boxes will be compatible with the proposed architecture for the project. Commissioner Baker asked if there was a problem with changing the CC&R's to accommodate the developer's request. Planning Commission Mi nu~o November 9, 1987 Page seven Staff responded that the City is issuing building permits on model units and construction can begin regardless of the filing date of the Final Map. Lois Jeffrey. noted that it is appropriate for the CC&R's to be approved at the Final Map stage. There has been no reason given from the applicant as to their problem wi th the CC&R'S. Staff responded that CC&R's are normally recorded concurrently with the Final Tract Map as a standard procedure. Commissioner Weil questioned the delay. Mr. Hi rao that. typically the CC&R's are recorded prior to the white report from the Department of Real Estate. His concern is the amount of time anticipated for the City, the City's Attorneys and the Irvine Company to review the CC&R's. He noted that the City of Irvine has allowed the requested timing. Commissioner Weil questioned Resolution 2450, Exhibit A, Condition 1.11 and clarified thal~ the Iorigina'l~ solar heating requirements were in regard to swimming pools. She also asked that Condition 2.4 be explained and the reference to the. paseo be deleted. She also asked that Condition 3.13 be changed to alleviate the responsibility of individual damage from the Homeowner's Association. Commissioner Le Jeune asked if the problem of individual damage wasn't unique to the CC&R's and not a problem that the City would be concerned with. Commissioner Baker wanted to ensure that the Homeowner's Association would not be held responsible for damage done by an individual homeowner. Commissioner Weil noted that she did not like the City dictating the type of trees to be put in the parkway (Resolution No. 2451, Exhibit A, Conditon 1.15). Commissioner Le Jeune asked if the landscape design wasn't a standard guideline previously set by the Commission. Staff responded that this condition was requested by the Public Works Department in lieu of the standardly provided street/parkway trees in order to create a streetscape. The review of planting materials by City staff is not necessary and the condition can be rewritten. Commissioner Well questioned if there were any provisions in the CC&R conditions that would establish long term reserves. Lois Jeffrey noted that the long term reserves were a provision of law for Homeowner's Associations. The Commission might want to require the Association to have a long term reserve but cannot put a dollar value on it. Planning Commission ~4inutes November 9, 1987 Page eight Commissioner Weil asked if the law has a mechanism to establish who actually establishes the long term reserve. In the case of an emergency are there provisions for the' developer to make a loan to the association? Lois Jeffrey stated that she was not certain of the legal requirements and would research the matter and report back to the Commission. Commissioner Well moved that Resolution 2450, Exl~ibit A, Condition 1.14 be deleted. Motion was not seconded. Commissioner Well moved that Resolution 2451, Exhibit A, Condition 1.13 be deleted. Motion was not seconded. i i Commissioner Le Jeune, Pontious seconded moved to approve the EIR determination for the project by adoption of Resolution No. 2449 as submitted or revised. Motion carried 4-0. Commissioner Pontious moved, Baker seconded to approve Design Review 87-33 and Administrative Adjustment by the adoption of Resolution 2450 to include the following revisions (with only changes noted): 1.11 Consideration shall be given to rough plumbing to retain future solar heating options. Copper shall be installed from hot water closet and the hot water closet increased in size to accommodate a solar water heater and addition of a 110v electrical outlet. 3.13 (deleted from Resolution 2450). Motion carried 4-0. Commissioner Baker moved, Le Jeune seconded to recommend approval of Tentative Tract Map 13053 by the adoption of Resolution No. 2451 to include the revisions as follows' 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. 1.19 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 nformati on. 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: Planning Commission Minutes November 9, 1987 Page nl ne 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. K. The peri meter 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. 6.4 Prior to the issuance of Certificate of Occupancy, the developer shall provide the City wi th a schools notification statement which shall be reviewed and approved by the Director of Community Development: (Items B, C, and D have been deleted) Item E is renumbered as Item B. e Motion carried 4-0. Tentative Tract Map No. 13080 and Design Review 87-14 APPLICANT' LOCATION' REQUEST: ZONING' ENVIRONMENTAL STATUS' BREN OSGOOD COMPANY LOTS 4, L AND K OF TRACT 12763 1) AUTHORIZATION TO SUBDIVIDE 14.65 ACRES INTO 100 NUMBERED AND EIGHT (8) LETTERED LOTS FOR SINGLE FAMILY DEVELOPMENT, 2) APPROVAL- OF THE SITE PLAN AND ARCHITECTURAL DESIGN AND ADMINISTRATIVE ADJUSEMENT FOR THE PROPOSED PROJECT. MEDIUM DENSITY RESIDENTIAL THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. Resolution No. 2452 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 EIR FOR TENTATIVE TRACT MAP 13080 AND DESIGN REVIEW 87-14 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Resolution No. 2453 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING THE DESIGN REVIEW AND ADMINISTRATIVE ADJUSTMENT (DESIGN REVIEW 87-14) FOR A PROJECT WITH 100 DETACHED SINGLE FAMILY DWELLINGS ON 14.65 ACRES ON LOT 4 OF TRACT 12763 Planning Commission Minutes November 9, 1987 . Page ten Resolution No. 2454 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP 13080 Presentation' Laura Cay Pickup, Associate Planner Staff noted revisions to follow. The public hearing was opened at 9:35 p.m. Matt Os~jood, representing Bren Osgood Company, noted their concern wi th the paseo. They are selling their units based on security and privacy and feel the public would get more use of the paseo than the people in the specific project. They feel the paseo would be more negative than possitive for this community. Commissioner Well confirmed that the paseo would be for bicycle and pedestrian traffic only. The public hearing was closed at 9'38 p.m. Commissioner Le Jeune indicated that he agreed with the paseo due to the density of the project. He also noted concern about the Homeowner's Association's ability to enforce the fine and tow away provisions in regard to Plan 2. He would also like to see the paseo on Bryan Avenue. Commissioner Baker asked that staff clarify the responsibility of the maintenance of the wall in respect to the zero lot line. Staff responded that the wall is the responsibility of the property owner who actually owns the property. The CC&R's put specific restrictions on access, limits, facade treatments and things that are restrictive to the individual that has the easement in the sideyard area. There are rights of access for maintenance purposes that are assigned in the CC&R's. Commissioner Baker clarified the solar plumbing revision and noted that the paseo is si xteen feet wi de with a serpentine walkway and lights. Staff noted that a chain could possibly be installed to deter any vehicles from driving thru with the exception of emergency vehicles only. Commissioner Pontious moved, Baker seconded to approve the EIR determination for the project by adoption of Resolution No. 2452 as revised. Motion carried 4-0. Commissioner Baker moved, Le Jeune seconded to approve the Design Review and Administrative Adjustment by the adoption of Resolution No. 2453 with the following revisions: Planning Commission ~linute~ November g, ].987 Page eleven 1.11 Consideration shall be given to rough plumbing to retain future solar heati'ng options. Copper shall be installed from hot water closet and the hot water closet increased in size to accommodate a solar water heater and addition of a 110v electrical outlet. 3.13 (deleted from Resolution No. 2453) Motion carried 4-0. Commissioner Weil moved, Baker seconded, to recommend to City Council approval of Tentative TraCt Map 13080 by the adoption of Resolution No. 2454 as revised. 1.12 The developer shall provide 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 information. 1.16 Where sidewalk is constructed adjacent to curb, each residential lot shall have on private property at least one {1) fifteen gallon tree. 5.1 Prior to approval of the Final Map, all organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions CC & R's 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' 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. O. Project perimeter 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 Director's to be the responsibility of a property owner. 6.3 Prior to the issuance of Certificate of Occupancy, the Subdivider shall provide the City wi th 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. Planning commission Minu ~ November 9, 1987 Page twelve (Items B, C, and D have been deleted) Item E is now B. Motion carried 4-0. OLD BUSINESS 8. Hours of Operation for Restaurant Tenants in the Tustin Pavillion Cafe LOCATION: 17245 E. SEVENTEENTH STREET AT CARROLL WAY Presentation: Laura Cay Pickup, Associate Planner Chairman Well moved, Baker seconded to approve the hours of operation for Tony Roma Restaurant and Shelly's Seafood and Oyster Bar by Minute Order. Motion carried 4-0 NEW BUSINESS STAFF CONCERNS · 9. Report on City Council Actions taken on November 2, 1987 meetin9 Presentation: Christine Shingleton, Director of Community Development 10. Status Report on San Remo Italian Deli Presentation: Christine A. Shingleton Commissioner Pontious wants to encourage the live entertainment but wants to see it done under the proper forms to ensure public safety. Commissioner Le Jeune agreed on the concept but also agreed that rules should be enforced. Staff noted that Mr. Massimino has been informed that he cannot operate the live entertainment without the proper authorization. Commissioner Baker noted his concern for the City's liability. Commissioner Well encouraged enforcement of the Zoning Code. Planning Commission Minut November 9, 1987 Page thi fl;eh Received and filed. COMMISSION CONCERNS Commissioner Le Jeune asked about the status of the alleyway behind the Greinke Oil Cardlock facility and inquired about the revised schedule of the Downtown Ordinance. Staff responded that the Public Works Department is reviewing this item. The preliminary review is recommending one way to the east and they are proceeding with the notification process to establish the one way designation. The Downtown Ordinance is under revision and the meeting will be scheduled around the end of November. Commissioner Baker noted that there is a no right turn sign exiting the Cardlock facility onto Bonita Street. He is al so interested in seeing banner sign enforcement. He also noted the desire for more enforcement on the supermarket baskets parked on the sidewalk. ADdOURIIqENT At 10:15 p.m. the Commission adjourned to the November 23, 1987 Planning Commission Meeting at 7-30 p.m. by unanimous informal consent. Kathy Wei 1 Chairman Penni Foley Secretary Report to the Planning Commission ITEM NO. 2 DATE: SUBJECT: APPLICANT: OILIER: LOCATION: ZONING: REQUEST: NOVEMBER 23, 1987 PERMIT TO OPERATE A LARGE FAMILY DAY CARE HOME WANDA JEAN BROWN 135 MOUNTAIN VIEr{ TUSTIN, CA 92680 TYLER FAMILY TRUST 1215 MURCHISON DRIVE MILLBRAE, CA 94030 135 MOUNTAIN VIEW, TUSTIN, CA 92680 R:I: SINGLE FAMILY RESIDENTIAL AUTHORIZATION TO OPERATE A LARGE FAMILY DAY CARE HOME RECOMMENDED ACTION: It ts recommended that the Chairman inqutre tf any person in the audience wtshes to submtt a protest, and then accept any protests submitted. If a protest is lodged, then the matter shou]d be continued to the next regularly schedu]ed Commission meeting in order for staff to evaluate the protest. If a protest is not fi]ed, the Commlsslon shou]d approve the subject application without further discussion by Minute Order subject to compliance with a]] requirements of Ordinance 991. BACKGROUND: Wanda Brown present]y operates a Sma1] Fami]y Day Care Home at 135 Mountain View and is requesting authorization to operate a Large Fami]y Day Care Home. Section 9223a6 of the Tusttn Zoning Code establishes the requirements and standards for the operation of Large Family Day Care Homes. These homes may care for up to 12 cht]dren including their own cht]dren under the age of 12. In August of 1987, Ordinance 991 was adopted by the City Council which amended and expanded the crtteria for Large Family Day Care Homes. (A copy of that _ Ordinance is attached.) ,,, Community Development Department Planning Commission Report Permit to Operate A Large Family Day Care Home November 23, [987 page two Inspections have been made at the subject address by the Community Development and Fire Departments with the following findings: 1. The proposed day care home by design, location and layout will not consttute a noise nuisance to neighboring properties. 2. The day care home is not within 300 feet of the exterior b'oundary of any existing large family day care home. 3. All property owners within a 100 foot radius of the exterior property boundary were notified of the intent to establish this home. 4. The proposed day care home has been inspected by the Orange County Fire Department. 5. The play yard of the proposed home is enclosed by a six-foot high fence which is setback from the required front yard. 6. The proposed home does not have a swimming pool. 7. The proposed home provides adequate off-street parking areas and has adequate drop-off and/or pick-up facilities both on-site and off-site which will avoid interference with traffic and promote the safety of children. 8. The applicant has applied for a license wi th the State of California. CONCLUS ION: The California Government Code mandates that permits for these homes must be granted by the City unless a formal protest is made by a property owner within 100 feet of a proposed home. This protest must be based on one or more of the following adverse impacts: noise, traffic, parking, concentration or spacing of such homes. This is not an open public hearing: however, it is recommended that the Chairman inquire if any person in the audience wishes to submit a formal protest. All such protests should then be received as part of the public hearing record. At the time of the writing of this report, no formal protests had been fi led. - Mar)~ Ann/~hamberlain, ., t. ~.hristin~ A. Shi6gleton,~/ Associat& Planner Director of Community Dt~velopment MAC: CAS: ts Attachments: Map Ordinance No. 991, Community Development Depar~rnen~ 135 MOUNTAIN VIEW BROWN LARGE FAMILY DAY CARE CENTER NORTH NOT TO SCALE 80URCE: CITY OF TUSTIN ~ mm mmm~. ! ~ m m m m m m m m m m 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 ORDINANCE NO. 991 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING SECTION 9223a6 OF THE TUSTIN MUNICIPAL CODE RELATING TO LARGE FAMILY DAY CARE HOMES. The Ctty Counctl of the City of Tusttn does hereby ordaln: I. The Ctty Counctl finds and determines as follows: a) That the State of California Health and Safety Code Section 1597.46 mandates that a permit be granted for large family day care homes if they comply wtth local standards and requirements. b) That to ensure that the Integrity of the Slngle-Famtly Residential zone Is maintained, the City may establish applicable standards for spactng and concentrati on, trafftc control, parking and noise control. c) That a Negative Declaration has been prepared conforming with the California Environmental Quality Act and ts hereby approved. II. The City Council hereby amends Section g223a6 as follows: "6. Large family day care homes", caring for seven (7) to twelve (12) children, are subject to the following regulations- a) Prior to commencement of operation of any large family day care home, the applicant for a permit shall complete and submit an application to the Community Development Department. Information provided on the permit shall include: Name of operator; address of the home; and a list of property owners within a 100 foot radius of the exterior property boundary of the proposed day care home. 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 0rdtnance No. 991 .Page Two b) Large family day care homes shall be operated in a manner not exceeding the noise level in the Tusttn Noise Ordinance, nor shall such day care homes be allowed to operate in a manner that would constitute a nuisance to neighboring properties. A day' care home shall by design, location and layout avoid any potential noise which may constitute a nuisance to neighboring properties. c) A permit shall not be granted for a -large day care home that would be established within 300 feet of the exterior property boundaries of any existing licensed large family day c~re home. d) All property owners within a 100 foot radius of the exterior property boundary of a proposed large family day care home, as shown on the last equalized County assessment roll, shall be notified of the intent to establish such a home. e) No hearing on the application for a permit shall be held by the Planning Commission unless a hearing is requested .by the applicant or a property owner within a 100 foot radius of the exterior boundary of the proposed home. If no hearing is requested, the permit shall be granted if the large family day care home complies wi th the provisions of this code. f) Any day care home must comply with all regulations adopted and enforced by the State Fi re Marshal and Orange County Fi re Department. g) The play yard of the home must be enclosed by a minimum six-foot high fence setback from the required front yard. h) The Plannthg Commission shall not grant a permit for a large family day care home for any location that has on the property a swimming pool as defined by Section 102 of the Uniform Swimming Pool Code, as adopted. 1 2 3 4 5 6 7 8 9 10~ 11 19. 13 14 15 16 17 18 19 2O 21 23 24 25 26 Ordinance No' 991 Page Three Any day care home must comply wi th the provisions of the State Untform Butldtng Code and Ctty of Tusttn BuJldlng requirements whtch apply to stngle faintly residences. Any large day care home must provtde one (1) off-street parktng space for each employee who ts not a restdent of the premises, and provtde adequate drop-off and/or ptck-up facilities on-stte or Immediately adjacent to the st te as necessary to avotd Interference wtth trafftc and to promote the safety of children. k) An applicant for a large famtly day care home shall be 11censed or deemed to be exempt from 11censure by the State of California as a large faintly day carp home. 1)- Nothtng contained tn the provisions of thts amendment shall preclude the revocation for cause of any permtt granted for a .large faintly day care home following proceedings conducted by the Planntng Commission to determine t f sat d use ts operated tn a manner detrimental to the health, safety or welfare of the community or' surrounding properties. · PASSED AND ADOPTED at a regular meeting of the Tusttn Ctty Counctl, held on the 3rd day of August , 1987. Mary E. ~J~ln (~ Ct ty Cle~l~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 991 was duly and regularly introduced and read at a regular meeting of the City council held on the 20th day of Jul~f, 1987, and was given its second reading and duly passed and adopted at a regular meeting held on the 3rd.day of August, 1987, by the following vote: AYES : NOES : ABSENT: COUNCILPERSONS: Edgar, Hoesterey, Kelly, Kennedy, Prescott COUNCILPERSONS: None COUNCILPERSONS: None MARY E, WYNNK)~clity .Cl~er~L~ ' City of Tusti~, California Published Ordinance: August 13, 1987 Tustin News Report to the . Planning Commission ITEM NO. 3 DATE: NOVEMBER 23, 1987 SUB~IECT- USE PERMIT 87-25 APPLICANT: LOUIE TONY CISNEROS 450 E. 1ST STREET, SUITE D TUSTIN, CA 92680 OWNER: THOMAS LI #2 S. GARFIELD AVENUE ALHAMBRA, CA 91801 LOCATION: 450 E. 1ST STREET, STE D REQUEST: AUTHORIZATION FOR A TYPE 41, BEER AND WINE LICENSE RESTRICTED TO ON-SITE CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE PURSUANT TO OROINANCE NO. 981. ZONXNG: FIRST STREET SPECIFIC PLAN ENV IROImENTAL STATUS: CLASS 1' CATAGORICAL EXEMPTION RECOI~ENDED ACTION: It is recommended that the Planning Commission approve Use Permit 87-25 by the adoption of Resolution No. 2456, as submitted or revised. SIJI~ARY: The applicant has recently opened a restaurant known as Jalapeno's in a retail commercial building located at the Southwest corner of East First Street and Centennial Way. The site is bounded by a multi-tenant retail commercial building to the west, a large shopping center (Larwin Square) across Centennial Way to the east, an Office building immediately to the south, and an office complex across ~First Street to the north. The use requested is authorized subject to a Conditional Use Permit, by applicable zoning regulations. The applicant is requesting authorization to obtain an on-site, Type 41, beer and wi ne 1 i cense. ANALYSIS' Staff has reviewed this application for conformance to the policy guidelines for alcoholic beverage sales establishments. The issues related only to this application include restriction of License to permit on-site consumption, , Community Development Department Planning Commission Report Use Permit 87-25 November 23, 1987 page two proximity to other alcoholic beverage sales establishments and hours of operation. Each issue ts discussed below. Restriction of License to On-Site Sales - Pursuant to recent Zoning Code Amendment, authorization for off-site consumption of alcoholic beverages can not be granted unless there is a minimum distance of 300 feet from other off-site sales establishments. The Asian grocery store is an off-site alcoholic beverage sales establishment located at 438 East First Street and is within 300 feet of Jalapeno's restaurant. The Commission may, therefore only authorize a Type 41 License for on-site consumption. For information, tn addition to the Asian grocery store the Tustln Inn at 440 East First. Street and Godfathers Bar & Grill at 420 East First Street both have on-site alcoholic beverage licenses and are also within 300 feet of Jalapeno's. Hours..of..Operatton- Proposed hours of operation of Jalapeno's are 8:00 a.m. to ~:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays. According to policy guidelines used tn conjunction with alcoholic beverage license actions, food must be served during these hours tn conjunction with alcoholic sales. Additionally, the requirements for this type of license require that alcoholic sales be tncidenttal to the restaurant use. CONCLUSION- Staff has reviewed this application for conformance with the State Alcoholic Beverage Control requirements, the Tustin Municipal Code and adopted Guidelines for Alcoholic Beverage Sales Establishments. This application is in conformance with these requirements and staff considers the use to be compatible with the surrounding area. Based upon this information and the incorporaton of the conditions in Resolution No. 2456, staff recommends approval of Use Permit 87-26. Jo )-Sl'a ft7 - v Asi~Istant Planner JS: CAS: ts Attachment: Resolution No. 2456 Christine A. Shinglejry6n, Director of Communtt~ Development Corn rnuni~y Developmen~ Departmen~ ~/ RESOLUTION NO. 2456 2 3 4 5 6 7 8 9 10 11 12 1'3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF' THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 450 EAST FIRST STREET, TUSTIN. 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, Use Permit No.87-26 has been filed on behalf of Jalapeno's requesting authorization for an alcoholic beverage control license (type 41) to sell beer and wine for on-site consumption at 450 East First Street, Tustin. B. That a public hearing was duly called, noticed and held on said appl i ca ti on. C. That eStablishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or~ general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: 1. The sale of beer and wine is for on-site consumption only. 2. That sale of beer and wine is limited to only when food is sold. 3. The use applied for is in conformance with the Land Use Element of the Tustin General Plan. 4. The use applted for ts an allowed use in the Commercial, as a primary use section of the First Street Specific Plan subject to a Conditional Use Permit. 5. That the site for the requested use is, within 300 feet of an existing establishment which has authorization to sell alcoholic beverages for off-site consumption. Therefore, pursuant to Ordinance g81, the subject site will not be permitted to sell alcoholic beverages for off-site consumpti on. D. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. 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. 2456 Page two E. Proposed development shall be tn accordance wtth the development poltctes adopted by the City Council, Untform Building Codes as administered by the Bulldtng Official, Ftre Code as administered by the Orange County Fire Marshal and street improvement requirements as administered'by the Ctty Engineer. V. That thts-project Is categorically exempt from the requirements of the California Environmental Qualtty Act, Class 1. G. Ftnal development plans shall requfre the revtew and approval of the Community Development Department. II. The Planntng Commission hereby approves Conditional Use Permit 'No. 87-26 to authorize on-stte beer and wtne sales tn conjunctfon with a restaurant at 13832 Red Hill Avenue, subject to the followfng conditions' 1. The sale of beer and wtne ts for'on-site consumptfon only. . Only 15 seats for customers are permitted in the restaurant to pursuant to the parktng availability on the stte. 3. The restaurant shall constst of foods that are primarily prepared on-si re. 4. Alcoholic beverages may only be served durtng hours when food ts sold. These hours are from 8-00 a.m. to 9'00 p.m. weekdays and 9:00 p.m. to 8:00 p.m. on Saturdays and Sundays. . Authortza'tlon for thts on-stte beer and wtne 11cense is contingent upon the use rematnfng as a restaurant. If the restaurant use Is ever dtscontlnued, then the beer and wine 11cense wi 11 be rescinded. 6. All persons serving or selling alcoholic beverages shall be 18 years of age or older and shall be supervised by someone twenty-one years of age or older. PASSED AND ADOPTED at a regular meeting of the Tustln Planning Commission, held on the day of , 198 . Ka thy' Wei Chairman penni. Foley Secretary PlanningCommission , DATE: SUB,]ECT: APPL !CANT: LOCATION: REQUEST: ZON ! NG: ENV ! RONPIENTAL STATUS: NOVEHBER 23, 1987 VESTING TENTATIVE HAP NO. 13106 AND DESIGN REVIEW 87-18 HUNSAKER AND ASSOCIATES ON BEHALF OF THE FIELDSTONE COHPANY LOT 60FTRACT 12763 1) AUTHORIZATION TO SUBDIVIDE 9.98 ACRES INTO 110 NUHBERED AND 19 LETTERED LOTS FOR SINGLE FAIqILY ATTACHED DEYELOPHENT, 2) APPROVAL OF SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROPOSED PROdECT #EDIUM DENSITY RESIDENTIAL: EAST TUSTIN SPECIFIC PLAN THE PRO~IECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUIqENTATION IS REQUIRED REC(NqlqENDED ACTION It is recommended that the Planning Commission take the following actions: 1. Approve Environmental Determination for project by adoption of Resolution No. 2457, as submitted or revised. 2. Approve Design Review 87-18 by adoption of Resolution No. 2458, as submitted or revised. 3. Recommend to City Council approval of Vesting Tentative Map 13106 by adoption of Resolution No. 2459, as submitted or revised. SUI~ARY Applicant proposes to subdivide a 9.98 acre site into 110 numbered and 19 lettered lots for the purpose of developing 110 single family attached dwelling units. Prior to development, the Planning Commission must approve the proposed Vesting Tentative Map and a Design Review of the project pursuant to provisions of the East Tustin Specific Plan. The subject site is bounded by future Lagter Way to the north, Bryan Avenue to the south, an elementary school site and a neighborhoo~ park to the east and future Tustin Ranch Road to the west. Planned and anticipated development in the vicinity include a proposed 145 unit condominium project to the north across Lagier Way (LDM), and a 110 unit single family project (Bren-Osgood) westerly across Tustin Ranch Road. ,, Community Development Department Planning Commission Report Vesting Tentative Map No. 13106 and Design Review 87-18 November 23, 1987 page two PROOECT DESCRIPTION/SITE PLAN Submitted development plans for the project propose construction of 110 two-story single family attached dwelltn9 units and can be characterized as townhouse type units. No unit will be located over another unit Inside units within building groupings will be separated from each other by a common vertical wall Each unit will be located on a separate lot The proposed projects includes three unit types ranging in size from 1422 to 1777 square feet. Units are grouped in six (6) building types raring from two (2) to six (6) units each. There will be 15-two bedroom units, 37 units with two bedrooms and a den, and 58 units with three bedrooms. The project is proposed at a density of 10.8 dwelling units per acre although the East Tustin Specific Plan authorizes up to 18 dwelling units per acre. Main access to the project will be provided from the southside of Lagier Way at approximately a mid-point location between Tustin Ranch Road and Heritage Way and will also be aligned' with proposed access to a project immediately to the north. However, the typical section for the proposed entrance driveway is incorrectly drawn. Although plans currently indicate only a 35 foot roadway width from curb to curb, a 44 foot wide paved access driveway is required by the Public Works Department {20 feet for ingress and 24 feet for egress). On-site circulation will be provided from 28 foot wide private-streets and a series of smaller 25 foot wide private drives which will provide adequate access for trash pick-up, police, and fire services. Proposed internal streets and drives provide access to a total of 275 parking spaces which include two enclosed garage spaces per dwelling unit and 55 open guest parking spaces with a parking ratio provided of 2.5 spaces per unit. Internal roadway circulation is also supplemented by internal pedestrian walkways. Other features of the project can be summarized as follows- Structural setbacks from public streets and private drives are in conformance with the East Tustin Specific Plan. Building setbacks from public streets adjacent to the project range from 30-32 feet along Tustin Ranch Road, to 13-31 feet along Lagier Way and 16-26 feet along Heritage Way. A minimum 5 foot building setback is provided from all private streets and drives. Private fenced or walled ground level patio areas are proposed for each unit. Community DeveloPment Department Planning Commission Report Vesting Tentative Map No. 13106 and Design Review 87-18 November 23, 1987 page three A large common recreation area is proposed and will include a pool and elevated decks. A split face concrete block sound attenuation wall consistent with the theme wall approved with with Tract Map 12763 will be installed along Tustin Ranch Road. A matching block wall will be installed surrounding the site along Lagier, Heritage Way and E1 Modena-Irvine Channel with a minor modification. At 3 internal locations along Lagier Way and at one location along Heritage Way, a port.ion of the block wall wil be replaced with a wrought iron fence. In the event patio walls along the E1 Modena-Irvine Channel are installed over the Flood Control District easement, the existing-chain link fence will to be removed, and staff will require that appropriate permits be obtained from the Orange County Flood Control District and City of Tustin Public Works Department. ARCHITECTURAL AND LANDSCAPING DESIGN Similar to other recently reviewed projects, the proposed architectural design for the project will introduce elements of the Early California style. More specifically, proposed architectural features will include: mm --m .mm Cream color textured stucco Brown wood trim Spanish red tile Paned window frames Roof wood beams and wood balconies Staff views landscaping design for the project as a key element in ensuring a aesthetically pleasing project. While a concept landscaping plan has been submitted, the plan is only illustrative with the actual quantities, species and location of landscaping to be determined at plan check. In addition, complete irrigation plans will need to be submitted at plan check. The landscaping concept proposed for the project includes the following climate tolerant evergreen and decidious trees: Ficus Rubiginosa (rusty leaf fig), Ficus Nitida (Indian Laurel fig); Cupaniopsis Anacardioides (carrotwood); Schinus Terebinthefolius (Brazilian pepper), Tristania Conferta (Brisbane box), Eucalyptus and others. In addition to trees, a variety of compatible shrubs, ground corners and sod areas are proposed. As indicated above, precise coverage will be determined at plan check and will need to be consistent with adopted landscape guidelines. Community DeveloPment Department Planning Commission Report Vesting Tentative Map No. 13106 and Design Review 87-18 November 23, 1987 page four ISSUES Bus Factltttes/Req.uested Pedestrian Paseo - The Orange County Transit Dtstrtct has reviewed the proposed project and has identified the potential need for a transit stop northbound along Tustln Ranch Road north of the E1 Modena-Irvine Channel adjacent to the southwest portion of the proposed project. They have requested a bus turnout at this proposed location if determined to be necessary by the City Engineer. In any event, however, they have also requested that a passenger waiting area be provided complete with a bus shelter and bench to accomodate a passenger waiting area. In addition, they have requested that a paved and lighted pedestrian accessway (paseo) be provided between the stop and project buildings. Location of Propo.s.ed. Storm Drain Easement - In conjunction with a recent lot line adjustment to enlarge the proposed elementary school to be located along the southeast portion of the project, a private storm drain servicing the project is proposed to be located on the expanded school site so as to connect with a proposed public storm drain easement. Although the School District has been sent a copy of the proposed design, no response has been received to date. In the event the District is not favorable to the design of the private storm drain, staff wishes to have the flexibility to review alternative solution subject to review and approval of all responsible agencies (ie. Public Works, etc.). Structural.lseparation - Section 3.6.3 of the East Tustin Specific Plan requires a 15 foot minimum building separation between principal structures. Submitted plans indicate that there are four locations where the minimum required separation is not provided. Location of chimneys exarcerbates the problem, since they are located across from each other reducing building separation in some cases from 15' to 11'. Plan corrections will need to be made to plans prior to submission of working drawings for plan check. School facilities - As of the transmittal date of this staff report no correspondence has been received from the Tustin Unified School District on Vesting Tentative Map 13106. 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 agreement is reached between the Company and District providing a funding mechanism for provision of adequate school facilities in East Tustin. Corn rnunity Development Department Planning Commission Report Vesting Tentative Map No. 13106 and Design Review 87-18 November 23, 1987 page fi ve Prior to filing of Vesting Tentative Map 13106, 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 Prel'iminary 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. 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 Vesting Tentative Map 13106 on School District Facilities, and changes in State law, it has been determined that the impacts on School District facilities by approval of Map 13106 are adqequately 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 Vesting Tentative Map 13106. ENVIRNOMENTAL 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 Commission make the finding that requirements of the California Environmental Quality Act have been met and that no further environmental review is required. CONDITIONS OF APPROVAL A list of conditions of approval is included within the attached Resolutions. Outside of specific issues discussed in this report, conditions of approval are standard conditions required by either the Specific Plan, other applicable municipal codes, the approved Development Agreement for the project area or requirements of City Departments or outside reviewing agencies. Staff will respond to any questions concerning listed conditions at the November 23rd public hearing. Corn rnunity Developmen~ Department Planning Commission RePort Vesting Tentative Map No. 13106 and Design Review 87-18 November 23, 1987 page six 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 Vesting Tentative Map 13~1~)~ and approve Design Review 87-18. //~Y~y~/~rey~is~ ~ -Christine A. Shingieton,.-.i ' Commu ni Deve 1 opmen t ~Fi or~lanner Director of ty JD: CAS: ts Attachment: Vesting Tentative Map 13106 Site Plan Elevations Resolution No. 2457, 2458, & 2459 corn rnunit¥ DeveloPmen~ Depar~rnen~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2457 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 EIR FOR VESTING TENTATIVE MAP 13106 AND DESIGN REVIEW 87-18 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- Ao Vesting Tentative Map 13106 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 P.lan 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 Conditions on Exhibit A of Resolution No. 2458 approving Design Review 87-18 and Exhibit A of Resolution No. 2459 recommending approval of Vesting Tentative Map 13106. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the day of , 198__. kAtHY WEIL, Chairman PENNI' FOLEY, Secretary 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. 2458 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-18 A PROJECT WITH 110 ATTACHED SINGLE FAMILY DWELLINGS ON 9.98 ACRES ON LOT 6 OF TRACT 12763 The Planntng Commission of the City of Tusttn does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Design Review No. 87-18, was filed by Hunsaker & Associates on behalf of the Fieldstone Company, requesting approval of a 110 single family attached dwelling unit project. B. That a public hearing was duly called, noticed and held on said application on November 23, 1987. Ce Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of 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 materials 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. Resolution No. 2458 Page t~o 3 4 Ii. Phystcal relatlonshlp of proposed structures to extsttng structures tn the neighborhood. I2. Appearance and destgn relationship of proposed structures to extsttng structures and posstble future structures in the nelghborhood and publlc thoroughfares. 13. Proposed stgntng. 14. Development Guidelines and crtterta as adopted by the Ctty Counctl. 10 11 12 13 14 15 16 17 18 19 20 23 25 27 28 II. The Planntng Commission conditionally approves Deslgn Review 87-18 authorizing construction of a project with 110 single family attached dwelling untts subject to the condttfons attached hereto as Exhtbtt A. PASSED AND ADOPTED at a regular meeting of the Tusttn Planning Commission, held on the day of , 198___. KATHY WEIL, Chairman PENNI FOLEY, Secretary EXHIBIT A DESZGN REVIEW 87-18 CONDITIONS OF APPROVAL RESOLUTION. NO. 2458 November 23, 1987 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 19, 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) 1.2 Unless otherwise specified, the conditions contained in this exhibit shall be complied with prior to the issuance of any building permit for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design review approval shall be become null and void unless building permits are issued within eighteen (18) months of the date on this Exhibit. PLAN 'SUBMITTAL 2.1 At building plan check submit: A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handi'cap and Energy Requirements shall be complied with as approved by the Building Official. (3) B. Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (2) (3) C. Final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval of the Community Development Department. (2) (3) D. A Precise soils engineering report provided by a soils engineer within the previous twelve (12) months. ..... 'URCE CODES (1) STANDARD CONDITION (2) EIR IMITIGATIOM (3) UNIFORJq BUILDING CODE/S (4) DESIGN REVIEW EXCEPTION (S) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIRElqENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY ,~ibit A Resolution No. 2458 Page two (1) (2) (6) E® Information, plans and/or specifications to ensure satisfaction of all Public Works Department requirements including but not limited to conditions contained.in Resolution No. 2459. (2) (6) (2) (3) F® Ge Information to ensure complfance wtth all requirements of the Orange County Ftre Chtef Including required ftreflow and Installation, where required, of ftre hydrantssubject to approval of the Ftre Department, Ctty of Tusttn Publlc Works Department and Irvtne Ranch Water Dtstrict and compliance with all requirements pertaining to construction. 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. (3) (6) H. Detatled plans for pool and spa areas must be revtewed and approved by the Orange County Health Department. All pool and spa areas must be enclosed by aftve (5) foot high fence with self-closing and latching gates with access by key only and with verttcal opentngs no greater than 11 · (1) 2.4 Consideration shall be gtven to rough plumbing to retaln future solar heating (2) opttons. Copper shall be Installed from hot water closet and the hot water (8) closet shall be adequate tn size to accommodate a solar water heater .and additton of a 110v electrical outlet. (1) 2.5 Applicant wt-ll be permitted to obtain building permits for model unit construction prior to approval of Final Map 13106 provided all building code requirements have been met including Public Works, Fire Department and Community Development Department requirements and approvals. *** 2.6 A pedestrian paseo shall be provided along Tustin Ranch Road at the southwest portion of the project to meet Orange County Transit District requirements and (2) to facilitate direct and hazard free connections to adjacent projects and to (6) neighborhood support services. The design and location of said paseo shall be subject to approval of the Director of Community Development. SITE AND BUILDING CONDITIONS (1) 3.1 All exterior colors to be used shall be subject to a review and approval of {4) the 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 materials to be used. _^htbt t A Resolutlon No. 2458 Page three (1) 3.2 Note on final plans that a six foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.3 No rooftop mechanical or electrical fixtures and equipment shall be provided. (4) 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. (1) 3.4 Submit detail for all on-site subdivision walls to be constructed by developer (3) including patio block walls within enterior of project, permanent fencing (4) adjacent to park and school sites and to the E1 Modena-Irvine Channel. 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. Patio block walls which do not also serve as perimeter walls for project shall 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. Provide wall/fence legend on site plan. (1) 3.5 Submit mailbox architectural detail indicating color and exterior treatment (4) (number of coats of paint, wear and durability features) for review and approval of Director of Community Development. (1) 3.6 Provide final master sign plan for project to include- a) private street and (3) drive identification; b) on-site address signs. Provide generalized location, (4) sizes, design and colors subject to review and approval of Tustin Police (5) Department, Orange County Fire Department and Community Development Department. ** 3.7 Correct plans to provide 15' clear structural separation between principal {5) structures. Note that staircases and chimneys are considered part of principal structure. Corrections shall be incorporated to the plans prior to submission of working drawings. ** 3.8 Correct typical section of entrance driveway to provide 44' clear paved area (6) (with a 20' feet for ingress and 24' feet for egress). Curb and gutters shall not diminish the required 44' paved area. 3.9 Correct note on site plan to indicate that .924 acres is the correct parkland dedication for the project. ~* 3.10 Provide details for labeling guest parking spaces. (4) ** 3.11 Automatic garage doors shall be provided on all garages. (5) ,~ibt t A Resolution No. 2458 Page four LANDSCAPTNG, GROUNDS AND HARDSCAPE ELF. IqENTS (7) 4.1 Submtt at plan check complete detatled landscaping and Irrigation plans for all landscaping areas wtth exception of lot "T" consistent wtth adopted Landscaping and Irrigation Submittal Requirements. Provide summary table applytng tndexlng Identification to plant materials tn thetr actual location. The plan and table must ltst botanttcal and common names, stzes, spactng, actual locatton and quanttty of the plant materials proposed. Show planttng and bermtng details, soil preparation, staking, etc. The Irrigation plan shall show locatton and control of backflow prevention devices, pipe stze, sprinkler type, spactng and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and irrigation plan, publtc right-of-way areas, sidewalk wtdths, parkway areas, and wall locations. The Department of Community Development may request minor substttutfons of plant materials or request additional stzing or quantity materials durlng plan check. Note on landscaping plan that coverage of landscaping Irrigation materials ts subject to field inspection at project completion by the Department of Community Development. 4.2 The submitted landscaping plans at plan check must reflect the following requirements. A. Turf is unacceptable for grades over 25) a combination of planting materials must be used, ground cover on large areas alone is not acceptable. B. Provide a minimum of one 15 gallon size tree for every 30 feet of property line on the property perimeter and five 5 gallon shrubs. C. Provide one 15 gallon tree for each 5 parking spaces within an open parking area. 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. E. Ground cover shall be planted between 8 to 12 inches on center. F. When 1 gallon plant sizes are used the spacing may vary according to materials used. G. He Up along fences and or walls and equipment areas provide landscaping screening with shrubs, and or vines and trees on plan check drawings. All plant materials shall be installed in a healthy vigorous condition typical to the species and 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. ~tblt A ~esolutton No. 2458 Page ftve I · Buffer, driveway and parking areas visible through wrought iron fencing with a 30" high minimum landscaping berm. (7) 4.3 In Irrigation areas controller to be enclosed tn lockable houstng. Destgn Irrigation systems to provlde sufficient coverage of avolding water overspray on buildings and sidewalks. Note of thts requirement to be on plan check drawings. ** 4.5 Permanent fencing between park site and project shall be constructed by (6) applicant. Architectural plans and details of proposed fencing shall be reviewed and approved by the Community Services, Public Works and Community Development Departments. Details for a gated access from project to park site shall be provided. (1) 4.6 Provide details on lighting scheme for project. Note final locations of all (4) exterior lights and types of fixtures. Lights to be ~nstalled shall have a decorative design. No lights shall be permitted to create any glare or have a negative impact on adjoining properties. The location and types of lighting · shall be subject to approval of Community Development Director and of the Tustin Police Department. (4) 4.7 All walls, fences or landscaping adjacent to Lots 26, 27, 28 and 29 along ** Lagter Way should be designed to provide adequate sight distance for vehicles exiting the tract via the private driveway. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 201 21 22 23 2~ 27 2~ RESOLUTION NO. 2459 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE MAP NO. 13106 The Planning Commission of the City of. Tusttn does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Vesting Tentative Map No. 13106 was submitted to the Planning Commission by Hunsaker & Assoc. on behalf of the Fieldstone Co., for consideration. B. That a public hearing was duly called, noticed and held for said map. C. 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. D. That the proposed subdivision is in conformance with the Tusttn 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 .924 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 Vesting Tentative Map 13106 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 Vesting Tentative Map 13106. G. That the site is physically suitable for the type of development proposed. H. That the site is physically suitable for the proposed density of development. 6 7 8 9 10 11 12 13 14 15 1(; 17 15 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2459 Page t~o I · That the design of the subdivision or the proposed Improvements are not ltkely to cause substantial environmental damage or substanttal]y and avoidably tnjure ftsh or wtldlffe tn thetr habttat. J. That the destgn of the subdivision or the type of Improvements proposed wt11 not confltct wtth easements acqutred by the public-at-large, for access through or use of the property ~tthtn the proposed subdivision. K. That the destgn of the subdtvfsion or the types of Improvements proposed-are not ltkely to cause serious public health problems. II. The Planntng Commission hereby recommends to the City Council approval of Vesttng Tentative Hap No. 13106 subject to the conditions attached hereto as Exhtbtt A. PASSED AND ADOPTED at a regular meettng of the Tustln Planning Commission, held on the day of , 1987. Kathy Chatrman Penni Foley, Secretary EXHIBIT A VESTING TENTATIVE TRACT RAP 13106 RESOLUTION NO. 2459 CONDITIONS OF APPROVAL (FIELDSTONE PROJECT) November 23, 1987 PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 1.1 Prior to recordation of ftnal map, the Subdivider shall prepare plans for and (2) construct or post security guaranteeing construction of all public and/or (3) prtvate, infrastructure Improvements within the boundary of said tract map in (6) 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 O. Street paving E. Street signing and paving F. Landscaping/irrigation facilities G. Sanitary sewer service facilities H. DOmestic water service facilities I. Reclaimed water service facilitles J. Utility connections (i.e. gas, electric, telephone, and cable T.V. facilities) K. Traffic signal systems and other traffic control devices L. Street and paseo 1 i ghting M. Storm drat ns and .subdrat ns N. Undergroundtng of existing and proposed utility distribution lines O. Lot monumentatton P. Fire hydrants Bus turnouts in accordance with Orange County Transit District turnout design guidelines, subject to approval of City Engineer. (z) (6) 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 Building Official. (1) 1.2 All construction within a public right-of-way and/or public easement must be (6) shown on a separate 24" X 36" plan with all construction referenced to applicable City, County, Irvine Ranch Water District standard drawing numbers. (1) 1.3 All changes in existing curbs, gutters, sidewalks and other public (6) improvements shall be responsibility of subdivider. SOURCE COOES MI STANDARD CONDITION EIR MITIGATION ~ UNIFORM BUILDING CODES (4) DESIGN REVIEW *** EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANOSCAPING GUIOELINES (8) PC/CC POLICY (9) OTllER MUNICIPAL CODE REQUIREMENT ~olution No. 2459 ~xht bi t A Page two (1) 1.4 Preparation. of plans for and construction of: (2) (6) A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. B. A domestic water system must be 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 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) 1.5 Proposed public streets shall 'be designed to the following specifications: j A. All proposed streets shall be designed in substantially the same width and alignment as shown on the approved-vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. B. All public streets shall be constructed in accordance with City requirements in terms of type and quality of materials used. C. Parking shall not be permitted on Lagier and Heritage Way. D. Placement of all above ground facilities, such as signing, street lights, fire hydrants shall be behind the sidewalk when said sidewalks are constructed adjacent to the curb within the public right-of-way. E. Parking shall not be permitted along on-site private streets and private drives unless in identified guest parking locations. (1) 1.6 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 Improvments. ** 1.7 Alternative solutions for the design of private and public storm drain (6) connections on lot 10, shall be submitted for review and approval of City Engineer and all other responsible agencies prior to approval of final maP. ** 1.8 A pedestrian paseo shall be provided along Tustin Ranch Road to meet Orange (6) County Transit District requirements at the southwest portion of the project. The design and location of said paseo shall be subject to approval of the Director of Community Development. DEDICATIONS/RESERVATIONS/EASEMENTS i (1) 2.1 The subdivider shall satisfy dedication and/or reset_ration requirements as l~esolution No. 2459 ltblt A · age three (2) (6) (8) applicable, including but not limlted to dedication of all required street and flood control right-of-way easements, vehicular access rlghts, sewer easements and water easements deftned and approved as to spectftc location by the City Engineer and other reasonable agencies. ** 2.2 In the event an alternative easement location for a private and public storm (6) drain connection on Lot 10 is needed, the arterial modification of said easements shall be subject to the approval of City Engineer prior to final map approval. (6) 2.3 Easement across Lot "T" shall be granted to the City for sidewalks and ** landscape maintenance purposes, Provide correct dimensions of easement on working drawings and final map. ** 2.4 At the request of Pacific Bell Telephone Company an easement should be (6) designated on the tract map showing their existing and proposed facilities on the property. The subdivider or builder shall be responsible for reimbursing the Company for any needed relocation of facilities which may be required during development. 2.$ Correct note #12 -- Parkland Dedication requirement for the project is .924 acres. CONSll~UCTION ACTIVITIES AI)JACEIrr TO PUBLIC RIGirr-OF-WAY (1) 3.1 Prior to recordation of-the Final map, subdivider shall post with the (2) Community Development Department a minimum $2,000 cash deposit or letter of (6) 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 appearance of public streets, an additional incremental deposit will be required. (1) 3.2 Any damage done to 'existing street improvements and utilities shal be repaired (6) before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 3.3 Prior to any work in the public right-of-way, an Excavation Permit must be obtained and applicable fees paid from the Public Works Department. GRADING/GENERAL (1) 4.1 Prior to issuance of grading permits: (2) (6) A. A detailed soil engineering report shall be submitted to and approved by - the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable state and local laws, regulations and requirements. ---~,solution No. 2459 hibtt A rage four (1) (1) -- (1) B. Preparation and submittal of a grading plan subject to approval of the Department of Community Development delineating the following i nformati on' 1. Methods of drainage in accordance with all applicable City standards. 2. All recommendations submitted by geotechntcal or soil engineer and specifically approved by them. 3. Compliance with conceptual grading shown on tentative tract map. 4. A drainage plan and necessary support documents such as hydrology calculations to comply with the following requirements- a. Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow and ponding. c. Provision of drainage facilities to protect the lots from any high velocity scouring action. d. Provision for contributory drainage from adjoining properties. 5. All flood hazard areas of record. 6. A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. 7. Note on plans that a qualified paleontologist/archealogist, 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 appropriate or as recommended by the paleontologist/archealologist 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 paleontologfst/archealogist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. Ce De Ee 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. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. Written approval must be obtained from adjacent property owners for rights-of-entry for construction activity across lot lines. ~esolution No. 2459 Exhlbi t A Page five (1) 4.2 All earthwork shall be performed in accordance with the City of Tustin (3) Municipal Codes and grading requirements. (1) 4.3 Any grading and/or placement of fencing or block wall over Flood Control (6) District easements shall require the removal of existing chainlink fence, a permit from the Engineering/Public Works Department, and a permit from Flood Control District (EMA). FIRE DEPARTMENT (1) 5.1 The subdivider shall comply with all requirements of the Orange County Fire (6) Marshall, including required fire flow, installation where required of fire (2) hydrants subject to approval as to location by the Fire Department, City of Tustin Public Works Department and Irvine Ranch Water District, and compliance with all requirements pertaining to construction. (1) 5.2 Prior to issuance of building permits for combustible 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. .. (1) 5.3 Access streets "B" through "R" (all 28 feet or less in width) shall be posted {6) "No Parking - Fire Lane" and comply with the Uniform Fire Code Section ** 10.207. Correct site plan note 18 to be consistent with stated condition. (1) 5.4 A construction phasing plan shall be submitted for review and approval by the (6) Fire Chief for the evaluation of emergency vehicles access. NOISE (1) 6.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise 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 in the field of acoustics. All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dba. CNEL in outdoor living areas and an interior standard of 45 dba CNEL in 01utton No. 2459 Lxntblt ^ Page stx all habitable rooms ts requlred. Evidence prepared under the supervision of an acoustlcal consultant that these standards wtll be satisfied in a manner consistent wtth applicable zoning regulations shall be provided. Be For any project that falls under the Browntng Corrldor, a complete nolse study shall be conducted and submitted to the City for review. In addltton to Community Notse Equivalency Levels (CNEL) satd study provide Information on stngle event noise measurements as generated by helicopter flyovers for Information purposes only. (3) (2) 6.2 Prior to Issuance of any Certfftcates of Use or Occupancy, fteld testJng in accordance wtth the Tttle 25 regulations may be requtred by the Building Offtctal to vertfy compliance wtth STC and [[C desfgn 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 wi th the Noise Ordinance and the publtc heal th and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. CCR' S (1) 7.1 Prior to approval of the final map, all organizational documents for the (3) project including any deed restrictions, covenants, conditions, and (8) restrictions shall be submitted to and approved by the Community Development {9) 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 CCR's for enforcement purposes. However, the City shall not be obligated to enforce the CCR' s. B. Provision for effective establishment, operation, management use, repair and maintenance of all common areas and facilities including 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 mounting shall be installed on all landscaping lots as provided in the Development Plan and shall be permanently maintained in good, ~olution No. 2459 r..xht bi 1; A Page seven 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 and circulation lots with exception of Lot "T" adjacent to Tustin Ranch Road. 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 Homeowners Association and the City of Tustin Community Development Department. H. All utility services serving the site shall be installed and mai ntained 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 Tustin 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. Perimeter project block walls and fencing, including wall adjacent to park site, shall be constructed on private property. The exterior and structural integrity of the walls 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 CC & 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. ~olutton No. 2459 _.,nt btt A Page etght TENANT/HOMEBUYER NOTIFICATION (1) 8.1 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. 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 a copy of the approved aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. D. The developer shall provide the City with a schools' notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicate: 1. The location of existing and proposed elementary, middle and high schools which~wlll serve the subdivision (text and map). 2. Advise to homebuyers that proposed school sites may never be constructed. E. The Subdivider shall provide the City with a statement which must be signed by each tenant/homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development such as the neighborhood park adjacent to proposed project to the east. (1) 8.2 Subdivider shall notify all potential home buyers of the following (6) Assessment/Mai ntenance Dis tri cts: A. Assessment District 85-1. B. City of Tustin 1982 Landscaping and Lighting District. (6) (9) FEES i i mi 9.1 Prior to recordation of any Final Map, Subdivider shall pay plan check and inspection fees for all public and/or private infrastructure improvements w.ithin City's responsibility excluding those financed by an Assessment District. ;olutton No. 2459 Exhl blt A Page ntne (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 to any Assessment Districts applicable to the subdivision. (Assessment District 85-1). (3) (6) (9) (1) 9.3 Prior to issuance of any building permits, payment shall be made of all required fees including: A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C. Grading planchecks and permit fees to the Community Development Department. D. All applicable Building plancheck and permit fees to the Community Development Department. E. New development fees to the Community Development Department. F. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. GENERAL (1) 10.1 Within twelve months from Vesting Tentative Map approval, the Subdivider shall file with appropriate agencies, a Final Map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) 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 Final Map approval. A. Subdivider shall submit a current title report. B. All boundary dimensions of proposed map shall be coordinated with those of Final Tract 12763 as amended by Lot Line Adjustment 87-3. C. Provision for landscaping maintenance and ownership of all landscape lots along Lagier, Heritage Way, and all other lettered lots, with exception of Lot "T" 'shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 13106. D. Correct maps to indicate correct amount of lots. A total of 129 lots are being proposed, not 130. ~olution No. 2459 .,~tbtt A Page ten (1) 10.4 Subdivider shall conform to all applicable requirements of the State (9) Subdivision' Map Act, the City's Subdivision Ordinance, in the East Tustin (5) Spectfc Plan and Development Agreement, EIR 85-2, and applicable conditions (2) for Final Map 12763. (1) 10.5 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. (1) 10.6 The cumulative number of residential units for which certificate of occupancy (5) may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. l ,iD. { wo 114-.~1.~ Jll. llSl',.I 'rT IlIOWLOT I .b o, '1 luou. JzJed;aQ zu;~u. 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Tentative Tract Map No. 13161 and Design Review 87-22 & Variance 87-5 November 23, 1987 Page two The subject project is bounded by the proposed Heritage Way to the north, Lagter Way to the southeast and Tustin Ranch Road to the west. Planned and anticipated developments in the vicinity include a community park and'a high school site to the north across Heritage Way, a 110 attached single-family project to the south across Lagier Way (Fieldstone) and a 100 unit single family detached project (Bren-Osgood) to the west across TuStin Ranch Road. The zoning for the site is East Tustin Specifi~ Plan - Multiple Family Residential. Density for the project is proposed at 12.8 dwelling units per acre, although the East Tustin Specific Plan authorizes up to 18 dwelling units per acre. Project Description/Site iPlan Submitted development plans propose construction of 35 two-story buildings which will contain 145 condominium units. A combination of townhouse type units and flats will be located in three building types containing three to five units each. While each building will contain a different unit mix, units can be basically be characterized as follows: Plan Type Bedrooms/baths Square feet Number A 2/2 1022 31 B 2/2.5 ' 1306 42 C 2 + D/2 1311 24 D 3/2.5 1458 24 E 3/3 1678 24 Total: 145 The primary access points for the project will be provided by two 50 foot wi de driveways one along Heritage Way and the other along Lagier Way. Each driveway will be provided with 20 foot wide ingress lanes and 24 f.oot wide egress lanes with a 6 foot median separation. Consideration has also been given on the site plan to aligning the driveway located along Lagier Way across from the major access proposed for the Fieldstone attached single family project to the south. Internal circulation on the site will be provided from a 28 foot wide private looped street, a series of short driveways originating off the major loop servicing four to six units and a central auto court. Besides accommodating guest spaces, the proposed meandering loop street provides for large landscaped areas, aesthetically pleasing street curves and residential privacy. The circulation system also facilitates the provision of public services. In addition to vehicular circulation, submitted plans propose internal pedestrian lkways which provide access to common recreation areas on the site. Community Dovomopm®nt Department Tentative Tract Map No. 13161 and Design Review 87-22 & Variance 87-5 November 23, 1987. Page three Other features of the project can be summarized as follows: -- Building setbacks from public streets adjacent to the project such as Lagier Way and Heritage Way range from 16' to 22' while only 10' is required. -- Private ground level patios or above ground balcony patios are proposed for . most uni ts. -- A total of 363 parking spaces are proposed for the project, two enclosed garage parking spaces will be provided per unit, and 73 open spaces have been designated for guest parking. Additionally, there are 54 open tandem spaces that. can be utilized in front of the garages where there are long driveway s. -- A con, lion recreation area with swimming pool and spa is proposed. -- Bermed landscape areas will be provided along Heritage and Lagier Way. A screen wall will also be installed on "cul-de-sac" areas adjacent to streets to provide more privacy to residential accessw~ys. -- A split-face concrete block sound attenuation wall consistent with the theme wall approved with Tract Map 12763 will be installed along Tustin Ranch Road. The proposed wall will be constructed on the development site and will separate the project from the proposed landscape lot "0" which is part of a landscape assessment district. -- Landscape lot along Lagier Way & Heritage Way will be maintained by the Homeowners As soci ati on. -- The project is proposed to be constructed in three (3) phases with construction of 60 units and recreation area in phase I, 49 units in phase II, and 36 units in phase III. ARCHITECTURAL AND LANDSCAPING DESIGN The architectural design for the project proposes a Spanish Modified/Early California style. This style will incorporate the use of low pitched roofs, lack of eaves, alcove-type facade articulation, arched openings (garages), & stucco wi th broom finish. Other architectural features include exterior lighting fixtures, guard rails and doors painted with bright accent colors {materials board and colored elevations will be available at the meeting). I The proposed architecture is of high quality and is consistent with the desired httecture for the East Tustin area. · Community Devemopm®nt Department Pl anning Commi ssion RePort Tentative Tract Map No. 13161 and Design Review 87-22 & Variance 87-5 ~4ovember 23, 1987 Page four HardsCape features of the project propose the use of decorative street lighting, pole lighting fixtures and entry signage consistent with the main design theme for the project. While a concept landscaping plan has been submitted, the plan is only illustrative with the actual quantities, species and location of landscaping to be determined at plan check. In addition, complete irrigation plans will need to be submitted at plan check. The landscaping concept proposed for the project consists of the following climate tolerant evergreen and decidious trees. Cupaniopsis Anacardioides (Carrotwood), Eucalyptus Maculata (Spotted Gum), Ficus Nitida (Laurel Leaf Fig), Ficus IRubiginosa (Rosary Leaf Fig), Liquidamber Styraciflua (American Sweet Gum), Melaleuca Quinquenervia (Cajeput tree), Tristania Conferta (Brisbane Box). The Flcus Nitida will identify main access points to the project; the Cupaniopsis will identify the main loop; Ficus Rubtginosa will accentuate recreation areas and other trees will be placed in organized groupings throughout the site. In addition to trees, a variety of shrubs and ground cover materials are proposed. Staff would only suggest incorporation of sod areas within the interior of the project. As indicated alone, precise coverage of all planting materials will be determined at plan check'and will need to be consistent with adopted landscape guidelines. ISSUES Security oate and fencing- The Police Department has concerns regarding security and enforcement issues particularily with the north boundary of subject site being directly opposite the proposed high school site. Staff is, therefore, recommending a security fencing system for the project since other enforcement methods cannot be guaranteed. Other enforcement methods proposed by the applicant include red curbing, tow away signs and towing service enforced by the Homeowner's Association when necessary. Bus Facilities/Requested Pedestrian Paseo - The Orange County Transit District has reviewed the proposed projecl~ and has identified a potential transit stop in proximity to the proposed project. They have requested that a paseo/pedestrian accessway from within the subject tract be provided as close as possible to Tustin Ranch Road at the southwest corner of the project. School Facilities - As of the transmittal date of this staff report no correspondence ha~ been received from the Tustin Unified School District on Tentative Tract Map 13.161. 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 Community Oevemopment Department Planning Commission Report Tentative Tract Map No. 13161 and Design Review. 87-22 & Variance 87-5 November 23, 1987 Page five the Irvine Company and the Tustin Unified School District provides that the Irvine Company would not process for approval bY the City any final residential builder map until an agreement is reached between the Company and District providing a funding mechani sm for provision of adequate school facilities in East Tustin. Prior to filing of Tentative Tract Map 13161, 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'whi'ch provided a more detailed explanation of the methodology used in the preparation of the Preliminary Financing and Facility Plan. 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 13161 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 13161 areadequately 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 13161. VARIANCE A variance application has been submitted requesting authorization to reduce the minimum 10 foot setback required from a private street in the East Tustin multiple family district. The proposed variance would permit a number of buildings to encroach into the required 10 foot setback, maintaining the required 48 foot building separation (28' wide private street plus 10' setback) while providing larger setbacks from the street in opposite locations as the proposed main loop street creates a meandering pattern. Staff have found given specific conditions such as the size, shape and access constraints of the site that complying with the strict 10 foot street setback Adrequirement would restrict site plan layout solutions. Without the variance, the effectiveness of on-site circulation, the amount of on-site streetscape and residential privacy would be sacrificed. iagram of the proposal is shown below. Community Development Department Planning Commission Report Tentative Tract Map No. 13161 and Design Review 87-22 & Variance 87-5 November 23, 1987 Page si x I'ANFAtzF Where short garage driveways are proposed on one side of the looped system, the variance proposal would provide long driveways on the opposite side of the looped street. With provision of longer garage driveways, the project can also provide 54 extra parking spaces beyond which is required in the Specific Plan. In addition, the 48 foot building separation is maintained continuing to provide required open space area and visual relief between buildings. It should be noted that the proposed site plan will also create a small percentage of driveways between 9' and 19'. However, the Design Review Committee has reviewed these locations and does not feel that a parking problem will be created due to extra parking spaces provided on site. In addition, the Multiple Family District does not prohibit driveways of such length. Community Development Department Planning Commission Report Tentative Tract Map No..13161 and Design Review 87-22 & Variance 87-5 November 23, 1987 Page seven ENV IROI~IEI(I'AL STATUS 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 £IR 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 requirements of the California Environmental Quality Act have been met and that no further environmental review is required. CONDITIONS OF APPROVAL A list of conditions of approval is included within 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 23rd publ i c heari rig. 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 the City Council approval of Tentative Tract Map 13161 and approve Design Review 87-22 and Variance 87-5. s:pef Attachments: Tentative Tract Map Si te Plan Architectural Plans Resolution Number 2460, 2461, and 2462 Community Development Department / / ! . II / / OYOI:I HONYI:i NI.LSI'LL z itl i i hill,Il I ill J aJ Z Z Z .11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28~1 RESOLUTION NO. 2460 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 EIR FOR TENTATIVE TRACT MAP 13161 AND DESIGN REVIEW 87-22 AND ALL FERSIBLE 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 13161 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. 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 Conditions on Exhibit A of Resolution No. 2461 approving Design Review 87-22 and Exhibit A of Resolution No. 2462 recommending approval of Tentative Tract Map 13161. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the day of , 198___. PENNI FOLEY, Secretary KATHY WEIL, Chairman 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2461 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLYAPPROVING DESIGN REVIEW 87-22 AND VARIANCE 87-5 FOR A 145 UNIT CONDOMINIUM PROJECT ON A 11.3 ACRES ON LOT 5-OF SECTOR 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. A proper application, Design Review 87-22 & Variance 87-5, was'filed by LDM Development Inc. requesting approval of 145 unit condominium project and of a Variance to vary with the 10' foot setback from private street as required by the East Tustin Specific Plan. B. A public hearing was duly called, noticed and held on said application on November 23, 1987. C. Pursuant' to Section 9272 of the 'Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of 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 fo11 owing i terns: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials 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 tel evi si on antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 2~ 25 27 28 Resolution No. 2461 Page two D. . Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to extsting structures tn the neighborhood. 12. Appearance and design relationship of proposed structures to existtng structures and possible future structures in the nelghborhood and publlc thoroughfares. 13. Proposed signing. 14. Development Guidelines and criterta as adopted by the City Counct 1. Pursuant to Section 9292 of the Tustin Municipal Code, the Commission makes the following findings on the proposed variance. 1 e Due to special circumstances applicable to the subject property relative to size, shape and access constraints, a strict application of the setback requirement of the East Tustin Specific Plan would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning class designation. Compliance with the 10 foot setback requirement from a private street would reduce the effective provision of public services and result in a lack of residential privacy for the subject project. 3. The use is in conformance with the Tustin Area General Plan; 4. The granting of a Variance as herein provided will not be contrary to the intent of the East Tustin Specific Plan or the public safety, health and welfare. 5. The granting of a Variance as herein provided will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1(; 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2461 Page three II. The Planntng Commission conditionally approves Design Review 87-22 authorizing construction of a 145 untt condominium project and Vartance 87-5 to authorize a reduction In the minimum 10 foot setback required from a prtvate street tn the East Tusttn Speciftc Plan subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meettng of the Tustin Planning Commission~ held on the day of , i98__. KATHY WEIL, Chai rma n PENNI FOLEY, Secretary EXHXBIT A DESIGN REVIEW 87-22 and VARIANCE 87-5 CO#DITIONS OF APPROVAL RESOLUTION NO. 2461 November 23, 1987 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 19, 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) 1.2 Unless otherwise specified, the conditions contained in this exhibit shall be complied with prior to the issuance of any building permit for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design review approval shall be become null and void unless building permits are issued within eighteen (18) months of the date on this Exhibit. (3) (2) (3) (2) (3) (2) (3) PLAN SUBNITTAL 2.1 At building plan check submit: A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. B. Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. Ce De Final grading and specifications consistent wi th the site plan and landscaping plans and prepared by a registered civil engineer for approval of the Community Development Department. A Precise soils engineering report provided by a soils engineer within the previous twelve (12) months. ~URCE CODES (1) STANDARD CONDITION (2) EIR MITIGATION (3) UNIFORN BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (S) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY .,1bit A Resolution No. 2461 Page two (2) (6) (2) (6) (2) (3) E· F · Information, plans and/or specifications to ensure satisfaction of all Publtc Works Department requirements Including but not ltmited to conditions contained in Resolution No. 2459. Information to ensure compliance wtth all requirements of the Orange County Fire Chtef including required fireflow and Installation, where required, of fire hydrantssubject to approval of the Fire Department, Ctty of Tusttn Public Works Department and Irvine Ranch Water District and compliance with all requirements pertaining to construction. G. 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 tnterior noise levels do not exceed a maximum of 45dBa' s. (3) H. (6) Detailed plans for pool and spa areas must be reviewed and approved by the Orange County Health Department· All pool and spa areas must be enclosed by a five (5) foot high fence with self-closing and latching gates with access by key only and with vertical openings no greater than 11 · (1) 2.4 Consideration shall be given to rough plumbing to retain future solar heating (2) options. Copper shall be installed from hot water closet and the hot water {8) closet shall be adequate in size to accommodate a solar water heater and addition of a 110v electrical outlet. (1) 2.5 Applicant will be permitted to obtain building permits for model unit construction prior to approval of Final Map 13161 provided all building code requirements have been met including Public Works, Fi re Department and Community Development Department requirements and approvals. *** 2.6 A pedestrian/bicycle paseo shall be provided in proximity to Tustin Ranch Road at the southwest portion of the project from within the tract to the adjacent public ri ght-of-way to meet Orange County Transit District requirements and to (2) facilitate direct and hazard free connections to adjacent projects and to (6) neighborhood support services. The design and location of said paseo shall be subject to approval of the Director of Community Development. SITE AND BUILDING CONDITIONS (1) 3.1 All exterior colors to be used shall be subject to a review and approval of (4) the 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 materials to be used. ibi t A .._oolution No. 2461 Page three (1) 3.2 Note on final plans that a six foot high chain linked fence shall be installed around the Site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.3 No rooftop mechanical or electrical fixtures and equipment shall be provided. (4) 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. (1) 3.4 Submit detail for all on-site subdivision walls to be constructed by developer (m.3) including private patio fences or block walls within interior of project. Show type of wall cap and type of color, exterior materials on subdivision {4) walls which should be consistent with wall concepts approved for Tract 12763 and decorative treatment of all exposed walls. Block walls which do not also serve as perimeter walls for project shall 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. 3.5 A detailed plan of perimeter security fencing and a security gate along (6) Heritage Way shall be provided in conformance with the Fire Department, Public (4) Works and Police Department standards and approved by the Community Developmet Di rector. (1) 3.6 Submit mailbox architectural detail indicating color and exterior treatment (4) (number of coats of paint, wear and durability features) and architectural design for review and approval of Director of Community Development. (1) 3.7 Provide final master sign plan for project to include: a) private street and (3) drive identification; b) on-site address signs. Provide generalized location, (4) sizes, design and colors subject to review and approval of Tustin Police (5) Department, Orange County Fire Department and Community Development Department. ** 3.8 Provide details for labeling guest parking spaces. (1) ** 3.g Automatic garage doors shall be provided on all garages. (5) atbit A Kesolutlon No. 2461 Page four LANDSCAPING, GROUNDS AND HARDSCAPE ELEHENTS (7) 4.1 Submit at plan check comPlete detailed landscaping and irrigation plans for all landscaping areas with exception of lot "0" con'sistent with adopted Landscaping and Irrigation Submittal Requirements. 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 equipmen.t must be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locationsl. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quant.ity 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. 4.2 The submitted landscaping plans at plan check must reflect the following requirements. A. Turf is unacceptable for grades over 25% a combination of planting materials must be used, ground cover on large areas alone is not acceptable. Please note locations for proposed incorporation of sod. Be Provide a minimum of one 15 gallon~size tree for every 30 feet of property line on the property perimeter and five 5 gallon shrubs. Ce Provide one 15 gallon tree for each 5 parking spaces within an open parking area. De 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. E. Ground cover shall be planted between 8 to 12 inches on center. F. When 1 gallon plant sizes are used the spacing may vary according to material s used. G. Up along fences and or walls and equipment areas provide landscaping screening with shrubs, and or vines and trees on plan check drawings. H. All plant materials shall be installed in a healthy vigorous condition typical to the species and 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. xhibit A Resolution No. 2461 Page five I · Buffer driveway and parking areas visible through wrought iron fencing with a 30" high minimum landscaping berm. (7) 4.3 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. (1) 4.4. Provide details on lighting scheme for project. Note final locations of all (4) exterior lights and types of fixtures. Lights to be installed shall have a decorative design. No lights shall be permitted to create any glare or have a negative impact on adjoining properties. The location and types of lighting shall be subject to approval of Community Development Director and of the Tustin Police Department. 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. 2462 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 13161 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Tentative Tract Map No. 13161 was submitted to the Planning Commission by LDM Development, Inc. for consideration. B. That a publtc hearing was duly called, noticed and held for said map. C. That an Environmental Impact Report (EIR 85-2 for the East Tusttn Specific Plan) has been certified in conformance with the requirements of California Environmental Quality Act for the subject project area· D. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of condominium units. E · The 1.218 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 13161 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 13161. G. That the site is physically suitable for the type of development proposed. H. That the site is physically suitable for the proposed density of development. Resolution No. 2462 Page two 6 7 8 9 10 11 I. That the design of the subdivision or the proposed improvements are not ltkely to cause substantial environmental damage or substantially and avoidably injure fish or wildltfe tn their habt tat. J. That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public-at-large, for access through or use of the property wi thin the proposed subdi vi sion. K. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 II. The Planntng Commission hereby recommends to the City Council approval of Tentative Tract Map No. 13161 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 1987. im Kathy Wei l, Chairman Penni Foley, Secretary EXHIBIT A TENTATIVE TRACT HAP 13161 RESOLUTION NO. 2462 CONDITIONS OF APPROVAL LDM DEVELOPNENT November 23, ].987 PUBLIC/PRIVATE INFRASTRUCTURE INPROVEHENTS (1) 1.1 Prior to recordation of final map, the Subdivider shall prepare plans for and (2) construct or post security guaranteeing construction of all public and/or {3) private, infrastructure improvements within the boundary of said tract map in (6) 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. Dri ye aprons/approach D. Street paving E. Street signing and paving F. Landscaping/irrigation facilities G. Sanitary sewer service facilities H. Domestic water service facilities I. Reclaimed water service facilities J.. Utility connections (i.e. gas, electric, telephone, and cable T.V. facilities) K. Traffic signal systems and other traffic control devices L. Street and paseo lighting M. Storm d6atns and subdrains N. Undergrounding of existing and proposed utility distribution lines O. Lot monumentati on P. Fi re hydrants Q. Bus turnouts in accordance with Orange County Transit District turnout design guidelines, subject to approval of City Engineer. (1) (6) 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 Building Official. (1) 1.2 All construction within a public right-of-way and/or public easement must be (6) shown on a separate 24" X 36" plan with all construction referenced to appli cable City, County, Irvine Ranch Water Di strict standard drawing numbers. SOURCE CODES ~---' STANDARD CONDITION EIR MITIGATION t~t) UNIFORN BUILDING CODES (4) DESIGN REVIEW *** EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY (9) OTHER I~JNICIPAL CODE REQUIREMENT '- ~olution No. 2462 ~lbit A Page ~wo ([) 1.3 All changes in existing curbs, gutters, sidewalks and other public (6) improvements shall be responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: (2) {6) A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. B. A domestic water system must be 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 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. (6) 1.5 Proposed public streets shall be designed to the following specifications: A. B. C. ** E. All proposed streets shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. All public streets shall be constructed in accordance wi th City requirements in terms of type and quality of materials used. Parking shall not be permitted on Heritage Way and Lagier Way. Placement of all above ground facilities, such as signing, street lights, fire hydrants shall be behind the sidewalk when said sidewalks are constructed adjacent to the curb within the public right-of-way. Parking shall not be permitted along on-site private streets and private drives unless in identified guest parking locations. (1) 1.6 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 Improvments. ** 1.7 A pedestrian paseo shall be provided in proximity to Tustin Ranch Road to meet {6) Orange County Transit District requirements at the southwest portion of the project. The design and location of said paseo shall be subject to approval of the Director of Community Development. 1.8 Landscape "A" and "B" shall be the responsibility of adjoining property owners or Homeowner's Association of Tract 13161. ~olution No. 2462 .it bi t A Page three DEDICATIONS/RESERVAT!ONS/EASEMENTS (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 other reasonable agencies. 2.2 At the request of Pacific Bell Telephone Company an easement should be designated on the Tract Map showing their existing and proposed facilities on the property. The subdivider or builder shall be responsible for reimbursing the Co, any for any needed relocation of facilities, which may be required during development. 2.3 Reciprocal access (vehicular, parking and pedestrian) easement between all lots created by Tract 13161 shall be-noted on any final map. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WA,Y,, ~) 3.1 Prior to recordation of the Final map, subdivider shall post with the ) Community Development Department a minimum $2,000 cash deposit or letter of (6) 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 appearance of public streets, an additional incremental deposit will be required. (1) 3.2 Any damage done to existing street i~rovements and utilities shal be repaired (6) before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 3.3 Prior to any work in the public right-of-way, an Excavation Permit must be obtained and applicable fees paid from the Public Works Department. GRADING/GENERAL (1) 4.1 Prior to issuance of grading permits' (z) (6) A. A detailed soil engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable state and local laws, regulations and requirements. '--olution No. 2462 ,ibtt A Page' four (1) (2) ~ 1) ) (1) B · Preparation and submittal of a grading plan subject to approval of the Department of Community Development delineating the following information: 1. Methods of drainage in accordance with all applicable City standards. 2. All recommendations submitted, by geotechnical or soil engineer and speci fical ly approved by them. 3. Cowliance with conceptual grading shown on tentative tract map. 4. A drainage plan and necessary support documents such as hydrology calculations to co~ly with the following requirements: a. Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow and ponding. c. Provision of drainage facilities to protect ~he lots from any high velocity scouring action. d. Provision for contributory drainage from adjoining properties. 5. All flood hazard areas of record. 6. A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. 7. Note on plans that a qualified paleontologist/archealogist, 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 appropriate or as recommended by the paleontologist/archealologist 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/archealogist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. C® Preparation of a sedimentation and erosion control plan for all construction work related to the subject Tract including a method of control to prevent dust and windblown earth problems. De Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. E· Written approval must be obtained from adjacent property owners for rights-of-entry for construction activity across lot lines. olution No. 2462 Lxhibi t A Page five (1) 4.2 All earthwork shall be performed in accordance with the City of Tustin (3) Municipal Codes and grading requirements. (1) 4.3 Any grading and/or placement of fencing or block wall over Flood Control (6) District easements shall require the removal of existing chainlink fence, a permit from the Engineering/Public Works Department, and a permit from Flood Control District (EMA). FIRE DEPARTI4ENT (1) 5.! The subdivider shall comply with all requirements of the Orange County Fire (6) Marshall, including required fire flow, installation where required of fire (2) hydrants subject to approval as to location by the Fire Department, City of Tusttn Public Works Department and Irvine Ranch Water District, and compliance with all requirements pertaining to construction. (1) 5.2 Prior to issuance of building permits for combustible construction, evidence {6) 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. (1) 5.3 Access streets "B" through "R" (all 28 feet or less in width) shall be posted (6) "No Parking - Fire Lane" and comply with the Uniform Fire Code Section ** 10.207. Correct site plan note 18 to be consistent with 'stated condition. (1) 5.4 A construction phasing plan shall be submitted for review and approval by the (6) Fire Chief for the evaluation of emergency vehicles access. IIOISE (1) 6.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise 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 in the field of acoustics. All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dba. CNEL in outdoor living areas and an interior standard of 45 dba CNEL in .olution 2462 Exhlbl t A Page six all habitable .rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. B · 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 measurements as generated by helicopter flyovers for information purposes only. (t) (3) (2) 6.2 Prior to issuance of any Certificates of Use or Occupancy, field testing in accordance wi th the Title 25 regulations may be required by the Building 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 oq: 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. CCR' S (1) 7.1 Prior to approval of the final map, all organizational documents for the (3) project including any deed restrictions, covenants, conditions, and (8) (9) 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 CCR's for enforcement purposes. However, the City shall not be obligated to enforce the CCR' s. B. Provision for effective establishment, operation, management use, repair and maintenance of all common areas and facilities including 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 mounting shall be installed on all landscaping lots as provided in the Development Plan and shall be permanently maintained in good, ,olutton No. 2462 EXhtbi t A Page seven first-class condition; healthy, wtthout deterioration; and free of waste and debrts. City shall have the rtght 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 and circulation lots wtth exception of Lot "T" adjacent to Tusttn Ranch Road. E. Oeclarant, the Association, and all Owner(s) shall be required to matntatn the property tn good and first-class condition, and in such a manner as to avotd the reasonable determination of a duly authorized offtcial of the C. ity that a public nutsance has been created by the absence of adequate maintenance such as to be detrimental to publlc 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 (l,000) feet of the property. F. Non-automotive vehicles, boats, trailers, or non-automotive storage shall not be allowed tn any parktng, driveway or private street area. Any vehtcle wtth a width in excess of 84 inches shall not be allowed in any parktng, driveway, or prtvate street area'except for purpose of loading, unloading, making deliveries or emergency repairs. G. Any construction repatr, modification, or alteration of any buildings, equipment, structures, or Improvements on the property shall be subject to the approval of the Homeowners Association and the City of Tusttn Community Development Department. H. All utiltty servtces serving the site shall be Installed and maintained underground. The declarant, the Association, and all Owner(s) shall be required to ftle the names, addresses, and telephone numbers of each member of the Association Board and/or the Planager for the project before ~anuary 1st of each year with the (:ity of Tustin Community Oevelopment Department. All owners shall be required to provide subsequent prospective owners -wtth disclosure Information related to aircraft noise Impacting the subdivision. K. Perimeter project block walls and fencing, shall be constructed on prtvate property. The extertor and structural integrity of the walls shall be maintained by the Homeowners Assoclation 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¢ & R's filed in conjunction with this project or development plan shall be recorded without the prior approval of the C:ity of Tustin Community Development Department. Jlution No. 2462 Exhibit A Page eight TEMAk'T/HOIqEB UYER NOT IF I CA T I ON (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. 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 wi th a copy of the approved aircraft/helicopter noise statement which shall contain a disclosure - document on aircraft notification. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. D. The developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district whi ch shal 1 i ndi cate: 1. The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). 2. Advise to homebuyers that proposed 'school sites may never be constructed. E. The Subdivider shall provide the City wi th a statement which must be signed by each tenant/homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development such as the neighborhood park and proposed elementary school adjacent to proposed project to the east. (1) 8.2 Subdivider shall notify all potential home buyers of the following (6) As ses sment/Ma i ntenance D i s tricts: FEES A. Assessment District 85-1. B. City of Tustin 1982 Landscaping and Lighting District. (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) District. lution No. 2462 ~. .... ~btt A Page nine (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 to any Assessment Districts applicable to the subdivision. (Assessment District 85-1). (1) 9.3 Prior to issuance of any building permits, payment shall be made of all required fees including' (3) (6) (9) A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C... Grading planchecks and permit fees to the Community Development Department. D. All applicable Building plancheck and permit fees to the Community Development Department. E. New development fees to the Community Development Department. F. School facilities fee to the Tustin'Unified School District subject to any agreement reached and executed between the District and the Irvine Company. GENERAL (1) 10.1 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 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 Final Map approval. A~ Subdivider shall submit a current title report. Provision for landscaping maintenance and ownership of landscape lot "P" along Lagier Way and Heritage Way, and all other lettered lots shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 13161. Jlutton No. 2462 Exnl bi t A Page ten {1) 10.4 Subdivider .shall conform to all applicable requirements of the State (9) Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin (5) Specifc Plan and Development Agreement, EIR 85-2, and applicable conditions (2) for Final Map 12763. (1) 10.$ 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. (1) 10.6 The cumulative number of residential units for which certificate of occupancy. (5) may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. Planning Commission DATE: NOVEMBER 23, 1987 SUBJECT: REPORT ON COUNCIL ACTI:ON$- November 16, 1987 Oral presentation. pef ' Attachments: City Counctl Ac'eton Agenda - November 16, 1987 · . ,,, Community Development Department ACTION AGENDA OF A REGULAR I~ETING OF THE TUSTIN CITY COUNCIL NOVEMBER 16, 1987 7:00 P.M. ~:00 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION U..L PRESENT I I . ROLL CALL III. PROCLAMATIONS )RESENTED TO COMMITTEE 1. TUSTIN TILLER DAYS COMMITTEE ~RESENTED TO JAYCEES 2. TUSTIN JAYCEES - TUSTIN TILLER DAYS PARADE IV. PUBLIC HEARING U)OPTED RESOLUTION NO. 1. UPDATED EDITIONS OF THE MODEL CONSTRUCTION CODES WITH LOCAL MODIFICATIONS - RESOLUTION NO. 87-133 & ORDINANCE NO. 995 37-133 AND [NTROOUCED ORD I NANCE JO.. 995 Adoption of 1985 Editions of Model C'onstruction Codes as recently adopted by the State, with some more restrictive modifications to address local conditions and concerns. RESOLUTION NO. 87-133 - A RESOLUTION OF T~E CITY COUNCIL OF THE CITY OF TUSTIN, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITION WITHIN THE CITY OF TUSTIN WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE UNIFORM BUILDING CODE, THE UNIFORM PLUMBING CODE, AND THE NATIONAL ELECTRICAL CODE REASONABLY NECESSARY FOR HOUSING OCCU- PANCIES ORDINANCE NO. 995 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING SPECIFIED SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY CODE ADOPTING 1985 CODES AS THE BUILDING REGULATIONS OF THE CITY OF TUSTIN 3AROL SC~REIDER V. ;POKE AND ASKED )UE ST !ONS ABOUT kNNEXATION NO. 142 PUBLIC INPUT (At this time members of the public may address the City Council regard- ing any items within the subject matter jurisdiction of the City Council provided that NO action may be taken on off-agenda items unless autho- rized by law.} VI. CONSENT CALENDAR %PP RO VEl) 1. APPROVAL OF MINUTES - NOVEMBER 2, 1987, REGULAR MEETING kPPROVED 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $813,624.04 RATIFICATION OF PAYROLL IN THE AMOUNT OF $160,464.24 ~OPTED RESOLUTION lO. 87-132 3. RESOLUTION NO. 87-132 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP NO. 12855 (14572, 14582 & 14592 Holt Avenue - Cal Pac Development) Adopt Resolution No. 87-132 as recommended by the Community Development Department. 3ITY COUNCIL ACTION AGENDA Page I 11-16-87 APPROVED STAFF far-COMMENDATION ADOPTED RESOLUTION NO. 87-135 APPROVED STAFF R E COI~E ND AT I ON APPROVED STAFF RECOMMENDATION ADOPTED RESOLUTION NO. 87-134 ADOPTED RESOLUTION NO. 87-126 4. ASSESSMENT DISTRICT NO. 85-1 -CONTRACTS FOR GAS LINE EXTENSIONS ' Approve the Southern California Gas Company Contract Nos. 291009/T52684 and 291009/T52683 for reimbursements to be funded by subject district in the amounts of $68,002 and $I6,343, respectively; and authorize the Mayor to execute subject con- tracts and promissory notes as recommended by the Public Works Department/Engineeri ng Di vision. 5. RESOLUTION NO. 87-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR WATER MAIN IMPROVEMENTS ON ARROYO AVENUE, OAK LANE, ALLEMAN PLACE, BEVERLY GLEN AND STRATTON WAY (Jana Contracting Corp. ) Adopt Resolution No. 87-135; and assuming no claims/stop payment notices are filed, 30 days after date of recordation of Notice of Completion, authorize payment of final 10% retention amount of $20,251.42 as recommended by the Public Works Department/ Engineering Division. 6. AGREEMENT FOR PROFESSIONAL SERVICES FOR JAMBOREE ROAD BETWEEN IRVINE BOULEVARD AND CHAPMAN AVENUE Approve subject agreement with C.D.C. Engineering, Inc., Irvine, for plan checking services to be compensated on a time and materials basis to be financed with combination of The Irvine Company funds, City of Orange A.D. bond funds, and City of Tustin A.D. 86-2 bond funds; and authorize the Mayor and City Clerk to execute same, as recommended by the Public Works Department/Engineeri ng Di visi on. 7. AGREEMENT FOR PROFESSIONAL SERVICES FOR JAMBOREE ROAD BETWEEN I-5 FREEWAY AND IRVINE BOULEVARD Approve subject agreement with Boyle Engineering Corp., Newport Beach, for construction staking, services to be compensated on a time and materials basis to be financed with combination of The I rvine Company funds and City of Tustin A.D. 85-1 bond funds; and authorize the Mayor and City Clerk to execute same, as recommended by' the Public Works Department/Engineering Division. 8. RESOLUTION NO. 87-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE VOTE ON PROSPECT-VANDENBERG ANNEXATION NO. 141, AND CONFIRMING THE ORDER ANNEXING SAID TERRITORY TO THE CITY OF TUSTIN Adopt Resolution No. 87-134 as recommended by the Community Development Department. 9. RESOLUTION NO. 87-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR MULTIPLE CHILD CARE CENTER LICENSES IN ACCORDANCE WITH HEALTH AND SAFETY CODE SEC- TIONS 1540 AND 1541 AND OTHER APPLICABLE LAWS Adopt Resolution No. 87-126; and authorize staff to apply for a State Child Care License for school-age programs at T.U.S.D. sites as recommended by the Community Services Department. VII. ORDINANCES FOR INTRODUCTION - None. VIII. ORDINANCES FOR ADOPTION - None. CITY COUNCIL ACTION AGENDA Page 2 11-16-87 IX. OLD BUSINESS · lIVED AND FILED .1. JOHN WAYNE AIRPORT NOISE STUDY - UPDATE An ongoing status report on the John Wayne Airport Noise Monitoring Program as requested by Councilman Kelly. Recommendation: Receive and fi le. RECEIVED AND FILED~ ~.2. STATUS REPORT - IRVINE RANCH WATER DISTRICT SERVICE AREA TRANSFER A response to concerns raised by Mayor Edgar at the November 2, 1987, Council meeting. Recommendation: Receive and fi le. CONTINUED TO 12-7-87 3. CITY BROCHURE Subject report was requested by Councilman Prescott. Recommendation- Pleasure of the City Council. CONTINUED TO 12-7-87 4. EAST TUSTIN CABLE TELEVISION Continued from November 2, 1987, so that representatives from The Irvine Company and American Cablesystems. Could meet to try to resolve their dispute. A verbal status report will be presented. Recommendatio.n: Pleasure of the City Council. APPROVED STAFF RECOPlqENOATION 5. TUSTIN EMERGENCY PLAN A status report on the existing Emergency Plan and information for upgrade of same and the Emergency Services Program. Recommendaton: Commit more staff time for Emergency Management with assistance from the State Office-of Emergency Services. X. NEW BUSINESS CONCEPTU/U. APPROVAL 1. LA COLINA-BEVERLY GLEN ANNEXATION NO. 142 WITH UNDERSTANDING THAT IF TWO PROTESTS ARE SIGNED A draft protest form which specifies that filing of a protest is BY ONE RESIDENT, THE solely for the purpose of insuring an election. If 50% or more of PROTEST WITH THE LATEST registered voter residents file protests, all protests on the form DATE WILL BE COUNTED would only be counted to establish 25% protest, but would not be counted toward establishing 50% protest, and be deemed withdrawn to necessary extent so as not to establish a 50% protest. Recommendation: Pleasure of the City Council. A~-RO VEO ST, AFF I'~ %~JENDATION 2. AWARD OF CONTRACT FOR IMPROVEMENT OF JAMBOREE ROAD FROM I-5 TO IRVINE BOULEVARD, ASSESSMENT DISTRICT NO. 85-1 Recommendation' Award the contract to .Blair Paving, Inc., Anaheim, in the amount of $3,525,293.92 for subject project as recommended by the Public Works Department/Engineering Division. CITY COUNCIL ACTION AGENDA Page 3 11-16-87 X1. REPORTS ~ XED THERE WAS DISCUSSION RESA~U)ING OUTDOOR LIVE ENTERTAIN~NT AT 13682 NEWPORT AVENUE 1. PLANNING COMMISSION ACTIONS - NOVEMBER 9, 1987 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of' November 9, 1987. RECEIVED AND FILED 2. INVESTMENT SCHEDULE AS OF OCTOBER 31 , 1987 A report listing various investment schedules for the City and Redevelopment Agency with maturities 12' months or less and in excess of 12 months. ~ECEIVF. O AND FILED Recommendation: Receive and file. 3. CITY ENTRANCE SIGN PROGRAM Subject report was requested by Councilman Prescott. Recommendation: Receive and' file. ~PPROVED RECO~ENOA- 4. CITIZEN COMPLAINT - CARFAX AVENUE CUL-DE-SAC FION NO. 2 AND PUT IN ~~RBING A response to a petition from residents of Carfax Avenue and DraytOn ' Way referred to staff by Councilman Kelly on October 19, 1987. Recommendation: That the City Council: 1) Authorize either the permanent closure of the pedestrian gate on Carfax Avenue; OR 2) Order the compl'~e removal of said gate and the replacement of the perimeter wal 1. JECEIVED AND FILED 5. MAIN STREET PARKING PROHIBITION FROM NEWPORT AVENUE WESTERLY - INFORMATIONAL REPORT tECEIVED AND FILED Council requested an explanation of on-street parking prohibition along southerly side of Main Street adjacent to Carver development. Recommendation: Receive and file. 6. CITIZEN COMPLAINT - SOUTHEASTERLY CORNER OF THIRD & "C" STREETS Council requested staff contact the resident at subject location (Dorothy Patton's mother) regarding proposed sidewalk construction adjacent to her residence. [EC"'-VED AND FILED Recommendation: Receive and file. 7. PUBLIC CONCERNS - INFORMATION REPORTS A report in response to concerns raised by Dorothy Patton and Richard Vining at the November 2, 1987, City Council meeting. Recommendation' Receive and file. 'ITY COUNCIL ACTION AGENDA .Page 4 11-16-87 :ECEIVED AND FILED :ECEIVED AND FILED 8. STATUS REPORT - FORMER RESIDENCE OF WATER SERVICES MANAGER Subject report was requested by Councilman Kelly. Recommendati on: Receive and fi 1 e. 9. STATUS OF COLUMBUS TUSTIN PARK PHASE 2 A status report on the Columbus Tustin Task Force which was reconvened by Council. Recommendation: Receive and file. :ENNEDY XII. OTHER BUSINESS ',EQUESTED STAFF TO ASK *PLANNING COI~ISSION TO CONTINUE IDENTIFYING BUSINESSES WITH NUMBERS. :ENNEDY ASKED POLICE TO CHECK ON BEKIN TRUCK PARKING AT REDHILL AND WALNUT. :ENNEDY ASKED STAFF TO CHECK ON THE TIMING OF THE LEFT TURN SIGNAL INTO LAURELWOOD. IOESTEREY REQUESTED THAT THE I"IARINE BASE COLONEL RECEIVE A NOTICE OF THE CHRISTMAS TREE :ERENONY. ;TAFF. TO CHECK INTO PRESCOTT'S REQUEST OF SPRAYING OLIVE TREES ANNUALLY TO PREVENT THEM FROM ;EARING FRUIT ANO I~UCING SUCH' A ESS. :1~~'n 'ASKEO IF THE POLICE COULD GIVE TICKETS TO PEOPLE ~ PARK AT RED CURBING IN THE SHOPPING ;1 .~ BY SOUP PLANTATION. HE ALSO REPORTEO A NUMBER OF CARS THAT PARK ON 17TH STREET WHERE 'Hl:mtm: ARE 'NO PARKING" SIGNS. :OGAR ASKEO STAFF TO LOOK INTO WHAT OTHER COI~UNITIES ARE DOING REGARDING TAKING SNAP SHOTS OF EHICLES THAT ARE SPEEDING. XIII. CLOSED SESSION The City. Council will recess to Closed Session pursuant to Government Code Section 54957 to consider personnel matters. ~)~IOURNED TO XIV. ADJOURNMENT ,BOVE CLOSED ;ESSION, THENCE TO To the next Regular Meeting on Monday, December 7 1987 at 7-00 p.m ~ I~?ETING WITH THE ' ' ' ;CHOOL BOARO ON NOVEMBER 23, 1987, AT 6:00 P.M., ANO THENCE TO THE NEXT REGULAR I~ETING ON ~NDAY, OECEMBER 7, 1987, AT 7:00 P.M. :ITY COUNCIL ACTION AGENDA Page 5 11-16-87 ACTION AGENDA OF A REGULAR 14EETING OF THE TUSTIN REDEVELOPMENT AGENCY NOVEMBER 16, 1987 7:00 P.M. 8:46 .CALL TO ORDER ALL PRESENT 2. ROLL CALL APPROVED e APPROVAL OF MINUTES - NOVEMBER 2, 1987, REGULAR MEETING R.ecommendation: Approve. NONE 4e OTHER BUSINESS ADJOURNMENT - To the next Regular Meeting on Monday, December 7, 1987, at 7:00 p.m. · . REDEVELOPMENT AGENCY ACTI'ON AGENDA Page I 11-16-87