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HomeMy WebLinkAboutPC RES 3961 RESOLUTION NO. 3961 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 16782 AND DESIGN REVIEW 04-024, TO SUBDIVIDE 5.33 ACRES INTO 25 NUMBERED LOTS AND 6 LETTERED LOTS FOR THE PURPOSE OF DEVELOPING. 25 DETACHED SINGLE-FAMILY DWELLINGS ON LOTS 7, KKK, S, AND T OF TRACT 12780 AND A PORTION OF LOT S OF TRACT 15563 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 for Tentative Tract Map 16782 and Design Review 04-024 was submitted by Lennar South Coast requesting subdivision of a 5.33 acre site into 25 numbered lots and 6 lettered lots for the purpose of developing 25 two-story, single family, detached, residential units within Sector 8 of the East Tustin Specific Plan (ETSP), and specifically known as Lots 7, KKK, S, and T of Tract 12780 and a portion of Lot S of Tract 15563. B. That a public hearing was duly called, noticed, and held for said map on January 24,2005, by the Planning Commission; C. That the proposed project is located within the General Plan "Planned Community Residential" land use designation and consistent with General Plan policies that support the development of residential uses in the Tustin Ranch area. D. That the proposed project is located within the Planned Community Residential (PCR) zoning district, which is subject to the East Tustin Specific Plan. The regulations for development of the site are contained within the medium density residential district standards of the East Tustin Specific Plan. The building intensity, density, and design of the proposed project and subdivision are consistent with the Tustin Area General Plan, ETSP, and as conditioned, the map would be required to conform with the State Subdivision Map Act and the Tustin City Code Section 9323 (Subdivision Code); That pursuant to Section 2.14.2 of the ETSP, a maximum of 436 dwelling units may be constructed within Sector 8 of the ETSP. The ETSP monitoring report shows that 367 dwelling units are approved and constructed within Sector 8. The total number of units for the Sector including the proposed tract would be 392, which would allow the Sector to maintain a surplus allocation for 44 dwelling units. E. Resolution No. 3961 TIM 16782 Page 2 F. The site is physically suitable for the proposed building intensity in that the project would provide for a maximum building density of 4.7 dwelling units per acre which is an acceptable low range within the 1- 18 dwelling units per acre range established in the ETSP for medium density districts. The project will be consistent with surrounding neighborhoods that are developed with medium density two-story residences. Using an average of 2.24 persons per dwelling unit assumed for the project, the tract would provide for approximately 56 persons on 5.33 acres (or 10.5 persons per acre) and is within the density range anticipated by the General Plan; G. As conditioned, the subdivision would promote orderly development to preserve the public health, safety, and general welfare and provide for proper use of land and adequate traffic circulation, utilities, and other services; H. The site is physically suitable for the type of development proposed in that the project is accessible through the City's current street system and could be supported with existing transportation and public facilities; I. That lettered Lot F will be maintained as a fuel modification zone which is required by the Orange County Fire Authority (OCFA) to accommodate the placement of several tract dwellings in proximity to the naturally vegetated wildland fire interface area. J. That the project proponent shall be required to obtain final map approval prior to obtaining grading or building permits so that development of the project area may occur on property under one ownership and will not create building pads on two separate legal lots (Lot S of TT 15563 and Lot 7 of TT 12780). K. The design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems in that the project has been conditioned to comply with applicable regulations of the City of Tustin and Orange County Fire Authority; L. That the dedication of parkland previously occurred for Tentative Tract 16782 at the time that Tentative Tract 12780 was approved and the developer is relieved of dedicating additional land for park purposes; M. That the proposed subdivision would not have an impact on school district facilities within the Tustin Unified School District in that the number of proposed residential units is below the threshold analyzed and addressed by ETSP EIR 85-2 and TUSD will receive its statutory school impact fees per Senate Bill 50 from residential development. As a condition of approval for the project, the Resolution No. 3961 TTM 16782 Page 3 developer will be required to pay applicable school fees prior to issuance of building permits. City required mitigation is limited by State law to requiring payment of the SB 50 school impact fees; N. The subdivision would establish undivided interests in common areas such as the private street, sidewalk, parking areas, open space areas, and landscape areas with separate interests in property for each numbered lot. Title 6 of the California Civil Code authorizes the creation of an association to set forth the restrictions on the use or enjoyment of any portion of the common interest in a residential tract. As conditioned, the developer would be required to record a declaration of covenants, conditions, and restrictions for the project; o. That the subdivider will be required to provide an easement to the Tustin Ranch Estates Maintenance Association for the continued acceptance of drainage on Lot F of Tentative Tract 16782. P. That the subdivider will be required to dedicate a portion of the drive entrance to the tract to ensure access and will maintain an easement for private sewer, private water, private utilities, and other purposes. To ensure that established facilities are not disrupted, the subdivider is required to maintain the utility easement on Lot T from Tract 12780, maintain the landscape easements over Lots S and KKK of Tract 12780, and may be required to obtain an easement from the Irvine Company for use of a drainage easement on Lot 6 of Tract 12780, and; Q. 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 as analyzed in the initial study conducted for the project; R. The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area dated August 9, 2002; S. That pursuant to Section 9272 of the Tustin Municipal Code, 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, as described below. 1. Height, bulk, and area of buildings: The proposed height, massing, and size of the dwellings comply with the East Tustin Specific Plan and are compatible with existing two-story residential dwellings surrounding the site in adjacent tracts in that the dwellings and tracts have been subject to the same Resolution No. 3961 TIM 16782 Page 4 2. medium density development standards and design review considerations as the project. Setbacks and site planning: The proposed building setbacks comply with the East Tustin Specific Plan and are compatible with the setbacks, parcel coverage, and floor area of adjacent tracts. The estate density tract (15563) to the north of the project is located behind a naturally vegetated slope and is not visible. Exterior materials and colors: The colors and materials for dwelling units in the tract are consistent with the colors and materials used on dwellings in adjacent tracts and include stucco walls, wood trim multi pane windows, concrete/tile roofs, and earth tone colors such as tans, browns, and egg shell whites. Establishment of a homeowner association with CC&Rs will enable the preservation of the color and material schemes for the tract. Type and pitch of roofs: The proposed architecture contains a combination of hip and gable roofs as is found on dwellings in adjacent tracts. Size and spacing of windows, doors, and other openings: Windows, doors, and vents are symmetrically placed on the buildings and do not interfere with the reasonable enjoyment of privacy in yards or dwellings of adjacent tracts. Towers, chimneys, roof structures, flagpoles, radio and television antennae: No roof-mounted equipment, antennae or flagpoles are proposed in association with the tract and would be subject to City and homeowner association design review prior to any future installations. Chimneys proposed for each dwelling in the tract are complementary to the architecture of the buildings and are similar to chimneys on dwellings in surrounding tracts. Location, height, and standards of exterior illumination: Private street lighting will be provided for the tract and, as conditioned, street lighting will meet the City's minimum illumination requirements without producing glare onto on-site or off-site properties. Landscaping and parking area design: Existing perimeter landscaping with mature trees on Rawlings Way and Tustin Ranch Road is adequate to serve as a landscape buffer for the tract. The existing landscaping will continue to be maintained in the City's landscape and lighting district and by the homeowner association. Proposed interior common area tract landscaping is conditioned to be provided by the developer in association with City landscape guidelines and will be maintained by the homeowners association. Pursuant to the CC&Rs, all garages must be maintained to allow the parking of two (2) vehicles and as proposed 25 on-street parking spaces will be provided, which is required by the ETSP for the 25 dwelling units in the tract. 3. 4. 5. 6. 7. 8. Resolution No. 3961 TIM 16782 Page 5 The tract entrance will consist of a landscaped median conditioned to meet City guidelines and a security gate, wall, and tract identification sign. As conditioned, all must consist of decorative materials and are subject to staff design review during plan check. 9. Hillside grading compatibility: Grading of Lot F is conditioned to integrate into the project so that it closely follows the contours of the existing slope and the cut is not readily visible from Tustin Ranch Road. The cut slope shall be subject to further staff design review at plan check. 10. Mechanical equipment: All equipment must be screened from view by being placed within an enclosed structure or behind a wall(s) in the rear or side yard of the residential lots. 11 . Location and method of refuse storage: The CC&Rs for the tract are conditioned so that refuse and recycling containers are not visible when it is not a hauling day and will be enforced by the homeowner association. 12. Physical relationship of proposed structures to existing structures in the neighborhood: The proposed tract is buffered from existing structures on adjacent properties in Tustin Ranch in that a naturally vegetated open space hill is to the north, Rawlings Way is to the south, Tustin Ranch Road is to the east, and an elementary school that maintains buildings significantly distanced away from the tract is to the west. 13. Appearance and design relationship of proposed structures to existing structures in the neighborhood and public thoroughfares: The proposed design features of the buildings are consistent with existing dwellings in Tustin Ranch in that similar height, massing, and materials are proposed. Enhanced elevations are required for dwellings facing Tustin Ranch Road and Rawlings Way. 14. Proposed signage: All tract identification would be reviewed in accordance with the Tustin Sign Code, which requires compatibility with the building architecture and materials. 15. Development Guidelines from the ETSP: The project complies with the development and design guidelines contained in the ETSP in that adequate landscaping, decorative block walls, quality building materials, consistent colors, compatible architecture, and enhanced street facing elevations are incorporated into the project. T. That the Planning Commission has considered the Draft Negative Declaration prepared for the project and public comments received prior to or at the public hearing prior to recommending approval of the project and has adopted Resolution No. 3960 recommending that the City Council find that the Negative Declaration adequately addresses all potential impacts related to the project. Resolution No. 3961 TTM 16782 Page 6 II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 16782 for the subdivision of 5.33 acres into 25 numbered lots and 6 lettered lots for the purpose of developing 25 medium density detached single-family dwellings and Design Review 04- 024 for the site layout and architectural design of the project, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 24th day of January, 2005. ~ ~'~~IGL-~ 8~~~.A< Chairperson ~ ELIZABETH A. BINSACK ..t:: Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3961 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of January, 2005. a~ 7;¡;~/: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A TENTATIVE TRACT MAP 16782 AND DESIGN REVIEW 04-024 RESOLUTION NO. 3961 CONDITIONS OF APPROVAL GENERAL (1 ) (1 ) (1 ) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 7, 2005, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the East Tustin Specific Plan and Tustin City Code and other applicable codes. 1.2 Approval of Tentative Tract Map 16782 and DR 04-024 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. 1.3 As a condition of approval of Tentative Tract Map 16782 and DR 04- 024, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third-party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES: (1) (2) (3) (4) STANDARD CONDITION (5) CEQA MITIGATION (6) UNIFORM BUILDING CODES (7) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution No. 3961 TIM 16782 Page 2 (1 ) 1.4 (1 ) 1.5 (1 ) 1.6 FINAL MAP (1 ) 2.1 (1 ) 2.2 (5) 2.3 The subject project approvals shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twenty-four (24) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Unless otherwise specified, the conditions contained in this resolution shall be complied with as specified or prior to the recordation of a final map or issuance of building permits, whichever occurs first, subject to review and approval by the Community Development Department. The development shall be designed and constructed in accordance with all applicable regulations, including the East Tustin Specific Plan. Prior to issuance of a precise grading or building permit, the subdivider shall record the final map and conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, the East Tustin Specific Plan (ETSP), and the City's zoning regulations. Pursuant to Section 66452.6 of the State Subdivision Map Act, within 24 months from tentative map approval, the subdivider shall record with the 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 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Upon recordation of a final map, the applicant shall obtain a new address numbers from the Engineering Division. Prior to recordation of a final map, the subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram, and other required administrative duties related to Reassessment District No. 95-2. Exhibit A Resolution No. 3961 TIM 16782 Page 3 GRADING PLAN CHECK SUBMITTAL (3) 3.1 (5) 3.2 (3) 3.3 Four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. Three (3) copies of precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. Two (2) copies of Hydrology Report. All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. The developer shall address in the hydrology report for the project the ability of the existing private storm drain to accept the additional water the project intends to divert into the system. If deemed necessary by the Building Official, prior to building permit issuance or final map approval, whichever occurs first, the developer shall obtain an easement from the private storm drain owner for the conveyance of drainage through the storm drain. Prior to building permit issuance or final map approval, whichever occurs first, the developer shall provide an easement to the Tustin Ranch Estates Maintenance Association for continued acceptance of drainage from Lot S of Tract 15563. The applicant shall provide information and studies as deemed adequate by the Community Development Department during and after construction to demonstrate on- site slope stability. Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on- site Private Improvement Standards. All locations of existing and proposed cut/fill line(s) shall be shown on the plans. B. C. D. E. F. G. Prior to the issuance of a grading permit, grading plans must demonstrate compliance with the Hillside District Guidelines specified in Section 2.13 of the ETSP. The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. Exhibit A Resolution No. 3961 TIM 16782 Page 4 (3) 3.4 (3) 3.5 (3) 3.6 The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. Prior to grading permit issuance, a surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. Prior to grading permit issuance, the applicant shall provide a note on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. LANDSCAPING/HARDSCAPE PLAN CHECK SUBMITTAL (6) 4.1 In conjunction with the submittal of grading plans, the applicant shall submit detailed landscape and irrigation plans demonstrating that all landscape areas will be constructed to the City's Landscaping and Irrigation Guidelines. The landscape plans shall be approved prior to issuance of grading permits and shall include: A. A summary table applying indexing identification to plant materials in their actual location. The plan and table must list botanical and common names, sizes, spaces, actual location, and quantity of the plant materials proposed. B. Landscape grading (planting and berming details), soil preparation, staking, etc. C. An irrigation plan showing the location and control of backflow prevention devices, timers pipe size, sprinkler type, spacing, and coverage. D. All property lines on the landscaping and irrigation plan, public right-of-way area, sidewalk widths, parkway areas, and wall locations, if any. E. Plans must include the following notes which must be adhered to during construction: Exhibit A Resolution No. 3961 TIM 16782 Page 5 (1 ) 4.2 (1 ) 4.3 1) Landscaping and irrigation is subject to field inspection at project completion by the Community Development Department. 2) Turf is unacceptable for grades over 25 percent. A combination of planting materials must be used; ground cover on large areas alone is not acceptable. 3) A combination of trees, shrubs, and groundcover shall be installed at the front entrance landscape lot. Landscape materials shall not conflict with the visual clearance requirements of the proposed driveway approaches. 4) 5) All plant materials shall be installed in a healthy and vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, moving, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. Landscape maintenance on Lots A, B, C, D, E, and F (fuel modification lot) shall be the responsibility of Homeowners Association (HOA). All landscape lots along Tustin Ranch Road and the corner lot at northwest corner of Tustin Ranch Road and Rawlings Way shall be maintained by the Tustin Landscape and Lighting District and shall be equipped with a computerized irrigation system fully compatible with the existing systems currently utilized in other areas of Tustin Ranch. PRIVATE ON-SITE IMPROVEMENTS (3) 5.1 Prior to the issuance of precise grading permits or infrastructure construction plans, plans prepared by a California Registered Civil Engineer shall be required for all private, on-site construction. All construction of improvement work shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989, or as subsequently amended. Said plans shall include, but not be limited to, the following: Exhibit A Resolution No. 3961 TIM 16782 Page 6 A. B. C. D. E. F. G. I. J. H. Curbs and gutters on all streets; Sidewalks on all streets, including curb ramps for the physically disabled; all sidewalks, pathways, paseos, and trails shall comply with the provisions of the American with Disabilities Act; Drive aprons; Signing/striping plan; Street and drive aisle paving; all private streets, drive aisles, and curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; Catch basin/storm drain laterals/connections to the public storm drain system with approval of the Orange County Flood Control District; Domestic water facilities and reclaimed water facilities: The domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of the 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 system shall meet the standards as required by the Irvine Ranch Water District (IRWD); Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official, the City Engineer, and the Irvine Ranch Water District (IRWD). These facilities shall be consistent with the standards of the Irvine Ranch Water District; Fire hydrants; Demolition/removal of utilities in accordance with the demolition/severance plan as required herein; Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City-franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities; and, K. Exhibit A Resolution No. 3961 TIM 16782 Page 7 WATER QUALITY (1 ) 6.1 (1 ) 6.2 (1 ) 6.3 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. Prior to issuance of any permit, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. B. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $5,000.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. C. Prior to issuance of a certificate of use and occupancy, the property owner shall record CC&R's or another legal instrument approved by the City Attorney that shall require the property owner, successors, tenants (if applicable), and assigns to operate and maintain in perpetuity the post- construction BMP's described in the WQMP for the project. D. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination Exhibit A Resolution No. 3961 TIM 16782 Page 8 (1 ) 6.4 System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. .- . The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: A. Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. B. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or, contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. C. During construction, disposal of pollutants shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. Potential pollutants include, but are not limited to, solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives, and solvents; asbestos fibers, paint flake or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water, concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushing. D. Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. Exhibit A Resolution No. 3961 TIM 16782 Page 9 BUILDING PLAN CHECK SUBMITTAL (3) 7.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: A. Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. Two (2) copies of structural calculations. Two (2) copies of Title 24 energy calculations. Noise Analysis: The applicant shall comply with the Tustin Noise Ordinance to limit all exterior and interior noise levels to the established standards. Prior to issuance of a building permit, the applicant shall submit a noise analysis to identify insulation features needed to ensure that the interior noise level of living areas do not exceed 45 dB and the insulation features shall be incorporated into the construction drawings. The noise analysis must show that, with decorative masonry walls constructed between the dwelling units and Tustin Ranch Road, exterior yard noise levels will not exceed 65 dB. The noise analysis is subject to approval by the Community Development Director prior to issuance of any building permits. Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. Enhanced elevations shall be exhibited on the exterior of all dwelling unit elevations visible from Tustin Ranch Road, Rawlings Way, and Ladera Elementary School. Prior to building permit issuance, Community Development Director may require modifications to the elevation drawings submitted for plan check to ensure there will be adequate architectural embellishments on the dwelling units facing Tustin Ranch Road and Rawlings Way. Roofing material shall be fire rated class "B" or better. The location of any utility vents shall be provided on the roof plan. No other rooftop equipment shall be permitted. Ground or wall-mounted outdoor equipment shall be screened so that it cannot be viewed from public or private streets. Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light B. C. E. F. G. H. I. J. Exhibit A Resolution No. 3961 TIM 16782 Page 10 (3) (3) (3) (3) (1 ) (5) (1 ) 7.2 7.3 7.4 7.5 7.6 7.7 7.8 L. distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall-mounted fixtures shall be directed at a gO-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot- candle of light coverage, in accordance with the City's Security Ordinance. Construction methods to mitigate ground shaking effects within a liquefaction zone as determined by the Building Official. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. M. Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California Building Code (Section 310.4). All new glass doors and windows, in or adjacent to doors, shall be tempered per 2001 California Building Code Section 2406.4. Dwelling units shall be provided with heating facilities capable of maintaining a temperature of 70 degrees at a point three (3) feet above the floor in all habitable rooms in accordance with the 2001 California Building Code (Section 310.11). No part of any structure shall project beyond the property line. Prior to building permit issuance, written permission from property owners shall be required for any work located on adjacent properties. Prior to building permit issuance or final tract map approval, the applicant shall provide a Refuse and Recycling Container Placement exhibit that demonstrates where the containers would be placed on hauling day in relation to required parking spaces. The exhibit shall be incorporated as part of the CC&Rs. Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the complex. The numerals shall be no less than four (4) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. Exhibit A Resolution No. 3961 TIM 16782 Page 11 (1 ) 7.9 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (1 ) 7.10 Project Recycling Requirement - The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the Project Applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. The following recycling criteria shall apply: A. All construction, demolition and renovation projects with a valuation between $50,000 to $100,000 are required to submit construction and demolition debris collection, disposal, and diversion information to the City of Tustin Building Department on the City prescribed form, upon project completion. The applicant must provide proof that at least 50 percent of the waste materials are diverted from landfill(s) and are recycled or salvaged. All construction, renovation, or demolition for any project with a valuation of $100,000 or greater is required to submit construction and demolition debris collection, disposal, and diversion information to the City of Tustin Building Department on the City prescribed form prior to building permit issuance. At least 50 percent of the debris shall be diverted from landfill(s) to a recycling center. A $50.00 per ton security deposit (not to exceed $5,000 per project) shall be collected by the City prior to building permit issuance for construction and demolition recycling. Upon final inspection, the applicant shall submit documents (i.e. receipts from vendors) to the City of Tustin showing actual weight or volume of each material of construction and demolition diverted to recycling center(s). B. (3) 7.12 Prior to building permit issuance, the developer shall provide written approval from Federal Disposal Services for acceptance of refuse and recycling hauling services to the tract. PUBLIC INFRASTRUCTURE (1 ) 8.1 Prior to approval of the final tract map, approval of a separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements shall be required Exhibit A Resolution No. 3961 TIM 16782 Page 12 (1 ) 8.2 (1 ) 8.3 (1 ) 8.4 (1 ) 8.5 adjacent to this development. Said plan shall include, but not be limited to the following: A. B. C. D. E. F. G. H. I. Curb and gutter Sidewalk, including curb ramps for the physically disabled Landscape/i rrigation Street lighting Catch basin/storm drain laterals/connection to existing storm drain system Domestic water facilities Reclaimed water facilities Sanitary sewer facilities Underground utility connections In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation shall be required. Plans shall show that current Federal Americans with Disabilities Act (ADA) requirements are met at the drive apron and pedestrian walkways. The improvements shall subsequent be constructed to plans. Two complete sets of hydrology studies and hydraulic calculations shall be submitted for review and approval by the City. Adequate horizontal and vertical intersection sight line shall be provided. In general a 25' x 25' limited use area triangle provides adequate sight at typical driveways. Addition sight evaluation, however, could be required to satisfy City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510 for all affected streets. The sight lines would be shown on the grading plan and landscape plan. If detailed analyses are requested, all landscaping within the limited use area would need to comply with City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510. Prior to building permit issuance, Lots S and KKK of Tract 12780 will require to the Tustin Landscape and Lighting District by the project proponent. The project proponent shall provide a letter to the Public Works Department stating this annexation will not protested. Exhibit A Resolution No. 3961 TIM 16782 Page 13 CONSTRUCTION AND PROJECT PHASING (1 ) 9.1 (1 ) 9.2 (2) 9.3 (1 ) 9.4 (1 ) 9.5 (1 ) 9.6 (1 ) 9.7 If the sale of the open space occurs after the approval of the Final Tract Map, the applicant shall relocate the proposed retaining wall outside the open space or obtain written approval/ easement from the Tustin Ranch Estate. Design and construction of all public infrastructure, in-tract private streets and utility systems, and residential units shall be constructed within one (1) phase. All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Community Development Director and/or Building Official. Construction activities are prohibited on Sundays and City-observed Federal holidays. The construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. All construction activity must comply with the requirements of the City of Tustin Grading Manual which requires frequent watering of the project site to control dust and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. Any proposed temporary on-site sales or construction trailers shall be subject to review and approval by the Community Development Director. Any proposed temporary trailers shall meet Title 24 accessibility standards for disabled persons, provide an accessible path of travel, and provide on-site parking. Occupancy of any on- site trailers shall be prohibited daily between 6:00 p.m. and 6:00 a.m. Exhibit A Resolution No. 3961 TIM 16782 Page 14 DECLARATION OF COVENANTS CONDITIONS & RESTRICTIONS CC&RS (1 ) 10.1 Prior to issuance of building permits or recordation of the final map, whichever occurs first, all organizational documents for the project including Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department and the City Attorney. The applicant is responsible for costs associated with the review of these documents. The approved CC&Rs shall be recorded concurrently with recordation of the final map. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. These provisions shall include, but not be limited to, the following: A. No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowners association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all other mutually available features of the development including, but not limited to, landscape lots, private streets, utilities, and Lot F for fuel modification purposes. B. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. C. Association bylaws must be established. D. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including but not limited to, landscaped areas, tract perimeter walls, private roadways (Le., walkways, sidewalks, driveways), landscape lots, and Lot F for fuel modification purposes. E. Membership in the homeowners association shall be inseparable from ownership in individual Lots A, B, C, D, E, and F. F. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior Exhibit A Resolution No. 3961 TIM 16782 Page 15 G. H. mechanical equipment, television and radio antenna, consistent with the ETSP. These controls shall also include all restrictions on privately or commonly owned lots that are affected by the Precise Fuel Modification Plan to be reviewed and approved by the Orange County Fire Authority at plan check. Maintenance standards shall be provided for applicable items listed in Section d. Examples of maintenance standards are shown below: 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways should be removed or repaired promptly. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. Homeowners association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. Exhibit A Resolution No. 3961 TIM 16782 Page 16 I. J. The approved "Site Plan" shall be made part of the CC&Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: 1. 2. All units are required to maintain a two-car garage. A total of 25 unassigned on-street parking spaces shall be permanently maintained in locations shown on the site plan. Residents shall not store or park any non-motorized vehicles, trailers, or motorized vehicles that exceed 7 feet high, 7 feet wide, and 19 feet long in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries, or emergency repairs except that the homeowners association may adopt rules and regulations to authorize exceptions. 3. 4. Residents shall park vehicles in garage spaces. Storage of items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. The homeowners association shall be responsible for monitoring and enforcing all parking and traffic regulations on private streets. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking and traffic regulations within the development which may include measures for fire access and enforcement by a private security company. 5. 6. Trash and recycling bins shall be placed for collection in locations indicated on the "Refuse and Recycling Container Placement" exhibit no sooner than twelve hours before waste hauling pick up day and removed from view no later than twelve (12) hours after collection. Maintenance of all common areas, landscape (Lots B, C, D, and E), fuel modification (Lot F), drive aisle (Lot A), driveways (Lot A), etc., shall be the responsibility of the homeowners association. Exhibit A Resolution No. 3961 TIM 16782 Page 17 K. Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. L. All utility services serving the site shall be installed and maintained underground. M. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one member of the homeowners association board and, where applicable, a manager of the project before January 1 st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. N. The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. o. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. HOMEBUYER NOTIFICATION (1 ) 11.1 Prior to recordation of the final map, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of the signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy. A. A notice for potential roadway noise, airport noise, and school operation noises that may impact the subdivision, including roadway noise associated with Tustin Ranch Road which is a major road and playground and school bell noises associated with Ladera Elementary School. Exhibit A Resolution No. 3961 TTM 16782 Page 18 B. C. D. E. F. G. H. I. J. A notice regarding units that are adjacent to aboveground utilities or structures (such as street light standards and fire hydrants) identifying the type of structure and their locations. A notice explaining the location and restrictions associated with the Precise Fuel Modification Plan to be reviewed and approved by the Orange County Fire Authority at plan check. A notice explaining the guest parking provisions of the CC&Rs. A notice that Tustin is subject to aircraft overflights into John Wayne airport. A notice explaining the CC&R provisions for curbside placement refuse and recycling containers. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and may require zoning clearance and a business license. A notice explaining the easements, facilities, amenities, and dedications that will be provided on lettered Lots and indicating all on-site streets, driveways, fuel modification areas, and common areas are to be maintained by the Homeowners Association. A notice stating refuse and recycling bins shall be placed for collection in locations indicated on the "Refuse and Recycling Container Placement" exhibit no sooner than twelve hours before waste hauling pick up day and removed from view no later than twelve (12) hours after collection. A notice indicating the minimum building setbacks, lot coverage, and restrictions on construction within the fuel modification zone for Lots 8 through 12. K. A notice explaining that residents are required to park vehicles in garage spaces and that garage storage may only occur to the extent that vehicles may still be parked within the required garage spaces. Exhibit A Resolution No. 3961 TIM 16782 Page 19 L. A notice explaining that the 25 on-street parking spaces are unassigned. M. The developer shall notify all potential homebuyers that potential liens/assessments against the properties include: 1. 2. Reassessment District No. 95.2 fees. Tustin Landscape and Lighting District fees as amended. 3. Mello Roos fees. GRANTS IN FEE AND DEDICATIONS (1 ) (1 ) (1 ) 12.1 The subdivider shall satisfy grants in fee dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer and other agencies. 12.2 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required shall be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings shall be in AutoCAD "DWG" format (Le., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2004. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. 12.3 Subdivider's execution of a subdivision and monumentation agreement and furnishing the improvement and monumentation Exhibit A Resolution No. 3961 TIM 16782 Page 20 bonds as required by the City Engineer prior to recordation of the final map. ORANGE COUNTY FIRE AUTHORITY OCFA CONDITIONS (1 ) (1 ) (1 ) (1 ) (1 ) 13.1 Prior to the issuance of any building permits, the applicant shall submit a Fire Master Plan obtain approval of the Orange County Fire Authority for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The Fire Master Plan should indicate the locations of all proposed fire hydrants on the project. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access, or Bulletin number 08-99, "Fire Department Access Requirements for A Single Family Residence." 13.2 Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form needs to be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. 13.3 Prior to the issuance of any building permits, the applicant shall obtain approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." 13.4 Prior to the issuance of a building permit, the applicant shall obtain approval from the OCFA for a precise fuel modification plan. The plan needs to indicate the proposed means of modifying vegetation to reduce the risk to structures. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for Fuel Modification Plans and Maintenance." 13.5 Prior to the issuance of a building permit, the developer, under the supervision of the OCFA, shall complete the portion of the approved precise fuel modification plan determined to be necessary before the introduction of any combustible materials into the project area. Approval will be subject to an on-site inspection. Exhibit A Resolution No. 3961 TIM 16782 Page 21 (1 ) 13.6 Prior to the issuance of any certificate of use and occupancy, the fuel modification shall be installed and completed under the supervision of the OCFA with an approved plant pallet. The CC&Rs or other approved documents need to contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation. The fuel modification zones will be subject to triennial inspections. (1 ) 13.7 FEES (1 ) Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the OCFA for review and approval. Fire sprinklers will be required if any of the structures are in excess of fire department access requirements, or if any of the structures are 5,500 square feet or larger. Please contact the OCFA at (714) 573-6100 for additional information. 14.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including, but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building and grading plan check and permit fees shall be paid to the Community Development Department based on the most current schedule. B. Private improvement plan check and permit fees shall be paid to the Community Development Department. C. Payment of $1,330 which is the applicant's fair share (1.9% of $70,000) towards a capital improvement program to widen the northbound left-turn pocket length from Tustin Ranch Road to Rawlings Way as identified in the traffic study attached to the mitigated negative declaration for the project. D. OCFA plan check and inspection fees shall be paid to the Community Development Department based upon the most current schedule. E. New development fees in the amount of $350 per unit shall be paid to the Community Development Department. F. School facilities fee to the Tustin Unified School District shall be paid to the District based to any agreement reached and executed between the District and the applicant. Exhibit A Resolution No. 3961 TIM 16782 Page 22 (1 ) (1 ) G. Water and sewer connection fees shall be paid to the Irvine Regional Water District (IRWD). 15.2 The applicant shall submit to the City of Tustin a fee for the review of Covenants, Conditions, and Restrictions (CC&Rs) and homebuyer notifications at the time of submittal. The review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $190 per hour (or the rate in effect at the time of submittal) for the City Attorney and $50 per hour (or the rate in effect at the time of submittal) for staff review shall be submitted. 15.3 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. -- -