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HomeMy WebLinkAboutCC 7 T.T. MAP 13161 12-21-87;~-'i"-':; ~;~ "--'" r~.. :~:,; ~ CONSENT CALENDAR DATE: DECEHBER zz, Inter- Com TO~ FROM: i SUBJECT: WILLIAH HUSTON, CITY HANAGER COI~IUNITY DEVELOPMENT DEPARTHENT TENTATIVE TRACT HAP 13161 (LDM DEVELOPHENT) RECOI~ENDED ACTION It is recommended that the Ctty Council- 1) approve the Environmental Determination for the project by adoption of Resolution No. 87-149, 2) approve Tentative Tract Nap No. 13161 as recommended by the Planning Commission by the adoptton of Resolution No. 87-150. SbI~,ARY The Planning Commission at a regular meeting on November 23, 1987 recommended to the City Council approval of Tentative Tract 13161 subject to conditions contained in Exhibit A of Resolution No. 2462. The proposed tract map would subdivide a 11.3 acre site into four (4) numbered and two (2) lettered lots (for landscape maintenance purposes) permitting the development of 145 condominium dwelling units. In conjunction with the proposed project, the Planning Commission at their meeting on November 23, 1987 also approved Design Review No. 87-22 approving the specific site plan and architectural design of the project. The subject project is bounded by the proposed Heritage Way to the north, Lagier 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 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 Specific 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. Ctty Council Report Tentative Tract Map 13161 December 21, 1987 Page two PRO,3ECT DESCRIPTION/SITE PLAN Submltted development plans propose construction of 35 two-story buildings whtch 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. The primary access points for the project will be provided by two 50 foot wide driveways, one along Herttage Way and the other along Lagter Way. Each driveway wi11 be provlded with 20 foot wide Ingress lanes and 24 foot wide egress lanes with a 6 foot median separation. Consideration has also been given on the site plan to altgntng the drtveway 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. In addition to vehicular circulation, submitted plans propose internal pedestrian walkways which provide access to common recreation areas on the site. Other features of the project can be summarized as follows- 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 and Heritage Way will be maintained by the Homeowner' s Association. 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. A pedestrian/bike paseo will be included near-the intersection of Lagier Way and Tustin Ranch Road. Final design of said paseo will be subject to conditions contained in Resolution No. 2461 and subject to review and approval of the Director of Community Development. Pending a detailed design study, a security fence/gate system may be installed addressing Police, Fire and Public Works issues resulting from proximity to future high school and community park sites. Corn rnunity Development Departrnen~ City Council Report Tentative Tract Map 13161 December 21, 1987 Page three 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 with broom finish. Other architectural features include exterior lighting fixtures, guard rails and doors painted with bright accent colors. The proposed style is consistent with the desired architecture for the East Tusti n area. ISSUES School Facilities - The Community Development Department did not receive correspondence or comment from the Tustin Unified School District concerning Tentative Tract Map 13161. Environmental Analysis - Based upon review of the subject map as well as Environmental Impact Report 85-2 (as supplemented) it has been determined that envirnomental issues relating to this project have previously been addressed. Also, appropriate mitigating measures identified in EIR 85-2 are included as conditions of approval for the project. With this information in mind, it is recommended that the City Council make the finding that requirements of the California Environmental Quality Act have been met and that no further environmental review is required. CONCLUSION Since the proposed project meets requirements of the Tustin Specific Plan, the Subdivision Map Act, the City's Subdivision Ordinance, and the California Environmental Quality Act it is recommended that the City Council approve the Environmental Determination for the project and Tentative Tract Map 13161 by adoption of the Resolutions 87-149 and 87-150. r~ Christine A. Shingleton, e Director of Community Development JD: CAS: ts Attachments: Resolution No. 87-149 and 87-150 Planning Commission Resolution No. 2460, 2461 and 2462 Tentative Tract Map 13161 (::om munity Development Department 1 2 3 4 5 6 RESOLUTION NO. 87-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13161 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 7 The City Council of the City of Tustin does hereby resolve as follows' 8 I. The City Council finds and determines as follows' 9 10 ll 12 13 14 15 A. Tentative Tract Map 13161 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and 16 17 18 19 2O 21 22 23 24 25 26 MARY WYNN, City Clerk 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 City Council 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 CEOA. 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 and Resolution 87-150 approving Tentative Tract 13161. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the day of , 198__. R~CHA~D"B. EDGAR, Mayor 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. 87-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' TUSTIN APPROVING TENTATIVE TRACT MAP NO. 13161 The City Council of the City of Tusttn does hereby resolve as follows: I. The City Council 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 public hearing was duly called, noticed and held for said map. C. That the Planning Commission forwarded to City Council a recommendation to approve Tentative Tract Map 13161 by the adoption of Resolution No. 2462. .. D. That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of California Environmental Quality Act for the subject project area. . E. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of condominium units. F. The 1.218 acre parkland required of this project was previously dedicated with recordation of Tract 12763. Ge 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. H. That the site is physically suitable for the type of development proposed. I. That the site is physically suitable for the proposed density of development. ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 87-150 Page t~o That the design of the subdivision or the proposed improvements are not ltkely to cause substantial environmental damage or substantially and avoidably tnjure fish or wildltfe tn their habttat. K® That the destgn of the subdivision or the type of fmprovements proposed will not confltct ~tth easements acquired by the public-at-large, for access through or use of the property ~tthtn the proposed subdivision. L. That the destgn of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The Ctty Counctl hereby approves Tentative Tract Map No. 13161 subject to the conditions contained tn Exhibit A of Planning Commission Resolution No. 2462 incorporating heretn by reference. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the day of , 198__. Richard B. Edgar, Mayor Mary Wynn, City Clerk 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 23 2~ 25 2¢ 27 28 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. The Planning Commission of the City of Tustin does hereby resolve as fol lows' 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 Tmstin 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 Plann~'~pg Commission of the ~ty regular meeting held on thec>~ ' . day of PENNI FOLEY, Secretary of Tustin at a , 198 '?. iN ~ Chai rma n S~'ATE OF CALIFORNIA ) Il, PENN! FOLEY, t~e undersigned, hereby cer~lfy ~ha~ I am ~he Recording ~)cretary of the Planning Conant ssi on of the City of Tustin. California; that Rresolution No. ~ 'i'd ~ ~. was duly passed and adopted at a ,egulaP ~eting of the Tustln Planning Commission, held on the .~~ day of ~.~_~.~ , PENNI FOLEY "' ~11, Recordl ng Secretary ~ 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 23 2~ 25 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 1'45 UNIT CONDOMINIUM PROJECT ON A 1'1.3 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. Be A public hearing was duly called, noticed and held on said application on November 23, 1987. 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 fol lowing i rems: 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 television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 1(; 17 18 19 2O 21 23 24 25 26 27 28 Resolution No. 2461 Page two De . 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 existing structures tn the neighborhood. [2. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and publlc thoroughfares. 13. Proposed signing. 14. Development Guidelines and criteria as adopted, by the City Counci 1. Pursuant to Section 9292 of the Tust.in Municipal Code, the Commission makes . the following findings on the' proposed variance. . 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; . 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. 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. :ion No. 2461 tree -,.Fhe Planning Commission conditionally approves Design Review 87-22 authorizing construction of a 145 unit condominium project and Variance 87-5 to authorize a reduction in the minimum 10 foot setback required from a private street in the East Tustin Specific Plan subject to the conditions attached hereto as Exhibit A. 10 11' 12 13 14 15 lG 17 18 19 20 21 23 25 26 27 28 AND ADOPTED, at a regu_l~r meeting of the Tustin ~anning Commission, Y, Secretary Ch ai rma n .. EXHIBIT A DESIGN REVIEH 87-22 and VARIANCE 87-5 CONDITIONS OF APPROVAL RESOLUTION NO. 2461 November 23, 1987 GENERAL (~II)) 1.1 The proposed project shall substantially conform wtth 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~.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. (CO) 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- (3J) 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. 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. (3)) A Precise soils engineering report provided by a soils engineer within the previous* twelve {12) months. . .~dRCE CODES (zg) STANDARD CONDITION (~)) EIR MITIGATION (3)) UNIFORM BUILDING CODE/S (4~))- DESIGN REVIEW · ~ EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (B) PC/CC POLICY ~ .... ~fb~t A Resm~ution No. 2461 Pi~e t~o Ee Znforma.tton, plans and/or specifications to ensure satisfaction of all Public Works Oepartment requirements including but not limited to conditions contained in Resolution No. 2459. F® Znformatton to ensure compliance with all requirements of the Orange County Fire Chief Including required ftreflow and Installation, where required, of ftre hydrants subject to approval of the Fire Department, City of Tustin Publlc Works Department and Zrvtne 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 interior noise levels do not exceed a maximum of 45dBa' s. (~)) H. (~)) Detailed plans for pool and spa areas must be r~viewed 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 · {{IL)) ~4 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 shall be adequate in size to accommodate a solar water heater and addition of a 110v electrical outlet. (~]1)) ~.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, Fire Department and Community Development Department requirements and approvals. ~ ~,~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 right-of-way to meet Orange County Transit District requirements and to facilitate direct and hazard free connections to adjacent projects and to neighborhood support services only in the event that perimeter security fencing is not required along Lagier Way pursuant to Condition 3.5. The design and location of said paseo shall be subject to approval of the Director of Community Development. SITE AND BUILDING CONDITIONS 3.1 All exterior colors to be used shall be subject to a review and approval of 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. .r~i t A Reso~Tution No. 2461 three (~)) 3.2 Note on fl.nal 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. (~i1L)) 3.3 No rooftop mechanical or electrical fixtures and equipment shall be.provided. (i4i)i 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. (~) 3.4 Submit detail for all on-site subdivision walls to be constructed by developer (~)) 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. ~ 31.5 'A detailed design study of perimeter security fencing and security gating (~6~))' shall be con~leted by developer to address the potential problem of high (~!-)i school and community park traffic and parking within the project and to ensure conformance with the Fire Department, Public Works and Police Department concerns. The actual alternative design approach selected by developer to address the problem shall be subject to the approval of the Director of Community Development. ({1!.)) 3'..6 Submit mailbox architectural detail indicating color and exterior treatment (~)) (number of coats of paint, wear and durability features) and architectural design for review and approval of Director of Community Development. (~'~) 3.7 Provide final master sign plan for project to include: a) private street and (~)) drive identification; b) on-site address signs. Provide generalized location, ('4t)) sizes, design and colors subject to review and approval of Tustin Police (.E~)) Department, Orange County Fire Department and Community Development Department. *~ 3.8 Provide details for labeling guest parking spaces. 3.9 Automatic garage doors shall be provided on all garages L .... ,b.i'~t~' A Reso]btion No. 246i P=g~ ~our ~NDSCAPING, GROUNDS AND HARDSCAPE ELIDIENTS (7)) 4'[1 Subnflt at plan check complete detailed landscaping and irrigation plans for all landscaping areas with exception of lot "0" consistent 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 equipment must be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Department of · C°mmunity Development may request minor substitutions of plant materials or request additional sizing or quantity 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. [,,, ¢~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. 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. 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 materials used. Ge 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. Res=l'Utton No. 246! P~ fi ve 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. 4.4 Provide details on lighting scheme.for project. Note final locations of all 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. STATE OF CALIFORNIA ) COUNTY OF ORANGE'-" ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Pla.nning Commission of the City of Tustin, California; that Resolution No. ~.~/~/ was duly passed and ~pted at. regular meeting of the Tustin Planning Commission, held-on the~~LL.~day of ~, 198~. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2~ 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 PI-arming 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 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 requ.irements 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. Ge That the site is physically suitable for the type of development proposed. He That the site is physically suitable for the proposed density of development. 1 2 5 6 ? 8 9 10 11 1:2 14 15 16 Resolution No. 2462 Page two -I.'.That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. J. That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public-at-large, for access through or use of the property within the proposed subdivision. K. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The Planning Commission hereby recommends to the City Council approval of Tentative Tract Map No. 13161 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED st a reg~he Tustin Planning Commission, held on the ~ day of_~_____.., 1987. 19~L~ /~,,~t _.,~' I -'P e n~i' ~'o'i-~y 20 Secretary 21 Cha irma n 23 24 25 26 EXHIBIT A TENTATIVE TRACT NAP 13161 RESOLUTION NO. 2462 CONDITIONS OF APPROVAL LDN DEVELOPNENT November 23, 1987 . . I!qJBLIC/PRIYATE INFRASTRUCTURE INPROYEMENTS (!1~)) ~.1 Prior to recordation of final map. the Subdivider shail prepare plans for and construct or post security guaranteeing construction of all public and/or private, infrastructure improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: A. Curb and gutter/cross gutters B. Sidewalks including access facilities for physically handicapped persons C. Drive aprons/approach D. Street paving E. Street signing and paving F. Landscaping/irrigation 'facilities G. Sanitary sewer servi ce -faci li ti es H. Domestic water service .facilities I. Reclaimed water service facilities J. Utility connections (i.e. gas, electric, telephone, and cable T.V. facilities) · K. Traffic signal systems and other traffic control devices L. Street and paseo lighting M. Storm drains and subdrains N. Undergrounding of existing and proposed utility distribution lines O. Lot monumentati on P. Fire hydrants Q. Bus turnouts and other facilities such as bus benches in accordance with Orange County Transit Turnout Design Guidelines, subject to approval of City Engineer as to need and location. Approval from the Department of Community Development shall also be required on the actual architectural design on any installed bus stop improvement. 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. CODES t~/t ~-rA,qDARD CONDITION (Z)} EIR MITIGATION (~) UNIFORM BUILDING CODES' (!~)) DESIGN REVIEW ,~Me EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY (9) OTHER MUNICIPAL COOE REQUIREMENT ~')btton No. 2462 ..d~bt't A P:ag~ two 1.2 All construction within a public right-of-way and/or public easement must be shown on-a separate 24" X 36" plan with all construction referenced to applicable City, County, Irvtne Ranch Water District standard drawing numbers. 1.3 All changes in existing curbs, gutters, sidewalks and other public improvements shall be responsibility of subdivider. (:l:~)~;~'~ 1.4 Preparation of plans for and construction of: (16Q~, 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 r. eviewed 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 requi~ed reclaimed water systems shall be to the standards as required by the Irvine Ranch Water District. (l~!~ 1'.5 Proposed public streets shall be designed to the following specifications: (~} A. All proposed streets shall be designed in substantially the same width and alignment as shown on the approved 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 Heritage Way and Lagter 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 (81):? and Storm Drain Improvments. 1.7 A pedestrian paseo shall be provided in proximity to Tustin Ranch Road to meet Orange County Transit District requirements at the southwest portion of the ~l~tlon No. 2462 ~..,41~i:t A Page. three project only in the event that perimeter security fencing is not required along Lagter' Way pursuant to Condition 3.5. The destgn and locatton of said paseo shall be subject to approval of the Director of Community Oevelopment. ~,.8 Landscape "A" and "B" shall be the responsibility of adjoining property owners or Homeowner's Association of Tract 13161. DED I CAT IONS/RESER Y AT IONS/EASEMENTS ((]!)!2L:1 The subdivider shall sattsfy dedication and/or reservation requirements as (~) applicable, Including but not ltmlted to dedication of a11 required street and (~J) flood control right-of-way easements, vehicular access rlghts, sewer easements ((~) and water easements defined and approved as to specific location by the City ((8~). Engineer and other reasonable agencies. 2L2 At the request of Pacific Bell Telephone Company an easement should be designated on the Tract Map showing their extsting 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. 2~3 Reclprocal access (vehlcular, parklng and pedestrian) easement between all lots. created by Tract 1316[ shall be noted on any final map. COIIS~UCTIOII ACTIVrTXES ADJACENT TO PUBLIC RIG~rF-OF-WAY II i (,:,'~iQ) 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 (~) 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 publtc streets, an additional tncremental deposit wi 11 be required. (~) 3?.2 Any damage done to existing street improvements and utilities shal be repatred before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (~ ~,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 Prior to issuance of grading permits' 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. ~tutton No. 2462 L^,,ibtt A Pa~e four ~v~ B. Preparation and submittal of a grading plan subject to approval of the Departnient of Community Development delineating the following i nforma ti on: 1. Methods of drainage in accordance with all applicable City standards. 2. All recommendations submitted by geotechnical 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 paleontologi st/ar-chealogist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. Ce 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. Written approval must be obtained from adjacent property owners for rights-of-entry .for construction activity across lot lines. .so.,iutton No. 2462 Exhtbtt A Page, fi ve. {l): 4.2 All earthwork shall be performed in accordance with the City of Tusttn Municipal Codes and grading requirements. ('i'~)) 4.3 Any grading and/or placement of fencing or block wall over Flood Control (6)) District easements shall require the removal of existing chatnltnk fence, a permit from the Engineering/Public Works Department, and a permit from Flood Control District (EMA). FIRE DEPARTPqENT ('1~)) 5.1 The subdivider shall comply with all requirements of the Orange County Fire Marshall, including required fire flow, installation where required of fire hydrants subject to approval as to location by the Fire Department, City of Tustin Public Works Department and Irvine 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. · . 5.3 Loop roads, auto courts and stubs (all 28 feet or less in width) shall be posted "No Parking - Fire Lane" and comply with the Uniform Fire Code Section 10.207. (!~)~ 5.4 A construction phasing plan shall be submitted for review and approval by the (~)". Fire Chief for the evaluation of emergency vehicles access. NOISE m ('17)) 6~.1 Prior to the issuance of any building permits: (~2~):, (.3C):~ 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 Re~o. lb£ton 2462 ExhtbJ~' A P'age~, s~l x B · all. habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied i'n a manner consistent with applicable zoning regulations shall be provided. 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. 6~.2 Prior to issuance of any Certificates of Use or Occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (ilQ) ~3 All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7'00 a.m. until 6-00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. CCR 'S ('1!)? ~.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)J 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 incTuding landscaping, common areas, walks and fences through a homeowner's association or equivalent. Membership in said association shall be inseparable from ownership in i ndi vi dual 1 ors. 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, ,._~o.lb.tton No. 2462 Exht b:t t 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 the Assessment District lots 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, oW 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 a. llowed 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 subject to a building permit shall be subject to the approval of the Homeowners Association and the City of Tustin Community Development Department prior to building permit issuance. H. All utility services serving the site shall be installed and maintained underground. I. The declarant, the Association, and all Owner(s) shall be required to file the names, addresses, and telephone numbers of each member of the Association Board and/or the Manager for the project before January 1st of each year wi th 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, shall be constructed on private property. The exterior and structural integrity of the walls shall be maintained by the Homeowners 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. k~.~o;Tu ti on No. 2462 Exh1:,b.t t A Page.~ el gh 1: TEI~k'T/HtX4EBUYER NOTIFICATION (;[)) 8~1 Prior to issuance of Certificate of Occupancy: 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 o'f 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 1~o 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 whic'h 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 prtor to cl rcul ati on. D. The developer shall p~ovide 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 existtng and proposed elementary, midd!.e and high schools which will serge 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 and proposed elementary school adjacent to proposed project to the east. (I)~ 8~2 Subdivider shall notify all potential home buyers of the following Assessment/Maintenance Di stri cts: A. Assessment District 85-1. B. City of Tustin 1982 Landscaping and Lighting District. FEES (1)'i: 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.) i~ Di stri ct. R, ,bd:ton No. 2462 Exhibd~ A Page n~ne (!lD) ~,2 Prior to issuance of certificates of use or occupancy, the Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment dlagram and other required administrative duties related to any Assessment Districts applicable to the subdivision. (Assessment District 85-1). (~:lO) 9L3 Prior to Issuance of any butlding permits, payment shall be made of all required fees including: A. Major thoroughfare and bridge fees to Tusttn Public Works Department. B. Sanitary. sewer connection fee to Orange County Sanitation District. C. Gradtng planchecks and permit fees to the Community Development Department. D. All applicable Building plancheck and permit fees to the Community Devel opmen t Dep.artmen t. E. New development 'fees to the Community Development Department. F. School facilities fee to the Tustln Untried School Di.strtct subject to any agreement reached and executed between the Dist'rict and the Irvine Company. 6ENERAL CiD) 11~! 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. Prior to occupancy of units, the Subdivider shall record a final map in conformance wi th appropriate tentative map. (~1I)) ~:' Prior to Final Map approval. A. Subdivider shall submit a current title report. B. 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. R~.,~lutton No. 2462 Exl~tbit A ,P'age. ten Subdivider -.shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tusttn Speclfc Plan and Development Agreement, EIR 85-2, and applicable conditions for Final Map 12763. 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. EFt)) l~J).' The cumulative number of residential units for which certificate of occupancy may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. STATE OF CALIFORNIA ) COUNTY OF ORANGE' ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planqj[ng Commission of the City of Tustin, California; that Resolution No..2~~ was duly passed ~adopted at_.a regular meeting o~ the Tustin Planning Commission, held on the k~/day of )~~