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HomeMy WebLinkAboutPC RES 3782l0 ]4 15 17 ]8 20 2! 24 RESOLUTION NO. 3782 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 15993 TO SUBDIVIDE AN 18.95 :ACRE LOT INTO TWENTY-TWO (22) NUMBERED LOTS AND FOURTEEN (14) LETTERED PARCELS FOR DEVELOPMENT OF TWENTY-TWO ESTATE DENSITY RESIDENCES. The Planning Commission of the City of Tustin does hereby resolve as follows' The Planning Commission finds and determines as follows' A. That a proper application for Tentative Tract' Map-No. 15993 was submitted by Standard Pacific Homes requesting subdivision of an 18.95-acre site into twenty-two (22) numbered lots and fourteen (14) lettered lots for development of twenty-two (22) residential units; B. That a public hearing was duly called, noticed and held for said map on May 14, 2001, by the Planning Commission; C. That the proposed subdivision is in conformance with the Tustin Area General Plan, East Tustin Specific Plan, State Subdivision Map Act and the City's Subdivision Code; D. That 1.5 acres of parkland required for this development has been partially dedicated by 1.4238 acres of parkland previously dedicated with recordation of Tract 13627. Additional parkland dedication or in lieu fees will be provided, as conditioned; E. F, That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, for the impact of Tentative Tract 15993 on School District facilities, and changes in State law. The impacts associated with this approval on School District Facilities are adequately addressed; That the site is physically suitable for the type of development proposed; G. That the site is physically suitable for the proposed density of development; H, 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; l0 14 l? 18 20 ?.4 ?-5 Exhibit-A, PC Resolution No. 3782 Tentative Tract Map 15993 May 14, 2001 Page 2 That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has' been determined that dedications of right-of-way to accommodate a four (4) foot wide sidewalk and curb ramp at the intersection of Street A and Peters Canyon Road may be necessary for compliance with the requirements of ADA. Jo That the design of the subdivision would require dedication of a sanitary sewer easement to the Orange County Sanitation District to support development of the proposed residential units. K, That a Final Negative Declaration for Tentative Tract Map 15993 has been considered and recommended for approval by the City Council in conformance with the requirements of the California Environmental Quality Act. II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 15993 to subdivide a 18.95 acre parcel into twenty-two (22) numbered lots and fourteen (14) lettered lots for development of twenty-two (22) estate homes, 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 14th day of May, 2001. ETH A. BINSACK Planning Commission Secretary Chairperson 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. 3782 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14 day of May, 2001. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A - TENTATIVE TRACT MAP 15993 RESOLUTION NO. 3782 CONDITIONS OF APPROVAL ~FNFRAI (1) 1.1 1.2 (5) 1.3 (1) 1.4 (1) 1.5 (1) 1.6 Within 24 months from tentative map approval, the subdivider shall record 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. The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, the East Tustin Specific Plan and Development Agreement (and amendments thereto), EIR 85-2, and applicable conditions for Tentative Tract Map 13627. The subdivider shall be required to execute Subdivision/Monumentation Agreements and provide improvement/monumentation Bonds to the City prior to recordation of the final map. Prior to final map approval, the subdivider shall submit: A. A current title report; and, A duplicate mylar of the Final Map, or 8% 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. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's 'approval of this project. For development of project described-in Design Review 00-046, Hillside Review 00-001 and Administrative Adjustment 01-001, all conditions of approval shall be complied with as shown on Exhibit A attached to Resolution .No. 3787 and incorporated herein by reference. (1) STANDARD CONDITION (2) (3) (4) (s) CEQA MITIGATION (6) UNIFORM BUILDING CODE/S (7) DESIGN REVIEW .EXCEPTION RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 2 (1) 1.7 All conditions of approval for Tentative Tract Map 14396, except as set forth with this resolution, are applicable and incorporated herein by reference. P! IR[ IC:/PRIVATI= II~IFRARTRIJC-TI IRF IMPRCJVI=MI:::NT~ (*) 2.1 The intersectiOn of "A" Street with Peters Canyon Road will necessitate modifying the existing Regional Riding and Hiking Trails at this location. All modifications to the trails will need to be coordinated with the County of Orange, Harbors, Beaches, and Parks. All modifications to the existing irrigation and landscaping adjacent to the trails at this location will need to be coordinated with the City of Tustin. A separate twenty-four inches by thirty-six inches (24" X 36") irrigation and landscape modification plan shall be submitted to the City of Tustin Engineering Division for review and approval. The applicant shall provide written approval from the County of Orange Harbors, Beaches and Parks to the City approving the modifications to the Regional Riding and Hiking Trails along with allowing "A" Street to extend over their 28-foot wide strip of property. (*) 2.2 Construction of curb ramps meeting current Federal Americans with Disabilities Act (ADA) requirements will be required at the intersection of "A" Street and Peters Canyon Road. In the event these curb ramps cannot be constructed within the existing street right-of-way of Peters Canyon Road, the developer will need to acquire the additional right-of- way from the County of Orange and dedicate it to the City of Tustin. (*) 2.3 Dedication of all required sanitary sewer easements to the Orange County Sanitation District will be required prior to or concurrently with the recordation of Final Tract Map 15993. (1) 2.4 Landscape maintenance of all common lots shall be the responsibility of the Homeowners Association. (1) 2.5 A separate twenty-four inches by thirty-six inches (24" x 36") street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of- way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Street paving; Catch basins/storm drain laterals/connection to existing storm drain system; Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 3 Domestic water facilities; Reclaimed water facilities; Sanitary sewer facilities; Landscape/irrigation; and, Underground utility connections. In addition, a twenty-four inch by thirty-six inch (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 will be required. (1) 2.6 Preparation of plans for and construction of: 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 the standards of the irvine Ranch Water District and/or Orange County Sanitation District No. 7, .whichever is applicable at the time of plan preparation. A domestic water system must be designed and installed to the standards of the Irvine Ranch Water District or City of Tustin Water Operations, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District. (1) 2.7' A complete hydrology study and hydraulic calculations submitted for'review and approval by the City. shall be (1) 2.8 The developer may be required to execute a drainage agreement with the City to accept drainage from the public right-of-way which will flow onto the private streets and into the private storm drain system. This drainage agreement must be recorded prior to, or concurrently with recordation of the final map. (1) 2.9 Any damage done to existing street improvements and utilities shall be repaired, before acceptance of the tract, and/or issuance of a Certificate of Occupancy for the first unit completed on any parcel within the subdivision. Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 4 .(1) 2.10 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. (1) 2.11 The subdivider shall satisfy 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. (1) 2.12 Subdivider's execution of a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer prior to recordation of the final map. (1) 2.13 The 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. (1) 2.14 The amount of acceptable security for construction of public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security, for private improvements shall be reviewed and approved by the Building Official. (1) 2.15 All changes in existing curbs, gutters, sidewalks, and Other public improvements shall be the responsibility of the subdivider. (1) 2.16 Ali proposed streets and drives 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. Should a traffic hazard be found to exist in the future, a comprehensive traffic study shall be prepared. Additional traffic control devices such as signs, reflectors, and all way stops shall be installed if deemed necessary by the Community Development Department, at the expense of the developer or Homeowners Association. (1) 2.17 All streets shall be constructed in accordance with City requirements in terms of type and quality of materials used where practical. (1) 2.18 The developer shall submit a plan identifying prohibited parking areas including cul-de-sacs, curves and along entry streets. Signage and/or red curbing shall be installed where appropriate. Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 5 (5) 2.'19 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 to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The acceptable formats shall be Integraph DGN or AutoCad DWG file' format, but in no case less than DXF file format. The City of Tustin CADD conventions shall be followed in preparing, plans in CADD. These guidelines are available from the Engineering Division. The CADD files shall be submitted to the City at the time the plans are aPproved, and updated CADD files reflecting "as built" c, onditions shall. be submitted once all construction has been completed. (1) 2.20 All horizontal and vertical intersection sight lines shall be provided with the per OCEMA Standard 1117 for all affected streets, since landscaping proposed along the parkway of all streets may significantly reduce the available sight distance for vehicles traveling along these streets. In addition, show. the Sight lines for the driveways which may be restricted due to adjacent on-street parking or the configuration or vertical alignment of the roadway. DEDICATIONSIRESERVATIONSIEASEMENT.-; (*) 3.1 The developer shall submit the park dedication fee for the difference in park land dedication required between the 1.423 acres based on 113 units approved by Tentative Tract Map 14396 and 1.5 acres based on 119 units proposed by Tentative Tract Map 15993 (3,354 square feet) in accordance with the Tustin City Code Section 9331 and Section 2.8 of the East ,'i'ustin Specific Plan or demonstrate that this requirement has been met. Prior to recordation of the final map, the dedicated land or in- lieu fee, which would be' determined based upon the fair market value of the amount of land shall be submitted. Fair market value of the land shall be determined by a Master Appraisal Institute (MAI) appraiser acceptable to the City 'and at the expense of the developer. The determination shall consider the value of a buiidable acre of land at the time the final map is to be recorded. All park land dedication and/or fees shall be submitted prior to issuance of building permits and recordation of the final map and according to Section 9331 of the Tustin CitY Code. (5) 3.2 Prior to final map approval by the City Council, the subdivider shall execute a hold-harmless agreement and provide a Certificate of Insurance pursuant to Section 9325 of the Tustin City Code. Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 6 (*) 3.3 The subdivider shall work with the irvine Company and County of Orange to ensure dedication of a 60 foot wide easement for Lower Lake Drive between the northerly tract boundary and the Peters Canyon Road cul- de-sac, as required by Final Tract Map 13627 to the City of Tustin for street purposes. Prior to issuance of building permits or approval of the final map whichever is first, all organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after recordation. CC&Rs shall include, but not be limited to, the following provisions: A. The City shall be included as a Party to the CC&Rs for enforcement pu'rposes 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. B, The requirement that association bylaws be established. Co Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences, private roadways' (i.e., walks, sidewalks, trails) and open space areas. D. E. Membership in any Homeowners Association shall be inseparable from ownership in individual lots. 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, room additions, exterior mechanical equipment, television and radio antenna, consistent with the Tustin City Code and East Tustin Specific Plan. F. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below. . All common area landscaping and private areas visible from-any public way shall be properly maintained such that Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 7 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 pedestrian traffic along the walkways. 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. . 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. . 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, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property may also be added as alternative language. O. H. 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. , 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. There shall be no parking of any kind on driveways that are fewer than 1'9 feet in length. A total of 66 parking spaces shall be permanently maintained at a rate of three garage spaces per each dwelling unit. An additional minimum of 44 unassigned on-street guest spaces shall also be permanently provided on B, C and D Street. Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 8 J, Individual units shall not have separate external television and radio antennas. Either a central antenna shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be prewired and served by an underground .cable antenna service provided by a company licensed to provide such service within the city. K, Ail utility services serving the site shall be installed and maintained underground. L, The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board, and where applicable, a manager of the project before January 1st 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. M. Disclosure information related to aircraft noise impacting the subdivision as approved by the City of Tustin Community Development Department. No The Association shall be responsible for establishing and following procedures for providing entry gate access to the 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. P. Maintenance of Lots A through N shall be by the Homeowner's Association. Qo Disclosure to all future homeowners and purchasers of property that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner's unit and that the City of Tustin makes no claim, warranty, or guarantee that views from any unit will be preserved as development of surrounding properties occurs. Exhibit A Tentative Tract Map 15993 - Conditions of Approval. Resolution No. 3782 Page 9 R. Maintenance of all slopes and drainage devices on individual lots within, fenced yard areas shall be the responsibility of the individual property owner. So Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility 'easement. T, Individual property owners shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be able to be parked within the required garage spaces. U, Disclosure to all future homeowners and purchasers of property that El Toro Marine Base may be developed with a commercial airport which may affect the project with aircraft overflights. V, Disclosure to all future homeowners and purchasers of property that any use of the individual residences for a business shall be subject to the City's requirements for a Home Occupation Permit. HC)MI=RI IYFR N('3TIFI~.ATI('3N (1) 6.1 Prior to issuance of Certificate of Occupancy: A, The subdivider shall submit a notification document to future homeowners of aircraft noise impacting the subdivision. A copy of the notification shall be provided to the Community Development Department prior to issuance of building permits. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. Bo The developer shall provide the City with a school notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicate: (1) The location of existing and proposed elementary, middle, and high schools which will serve the subdivision (text and map). (2) Advice to homebuyers that proposed school sites may never be constructed. Exhibit A Tentative Tract Map 15993 - Conditions of Approval Resolution No. 3782 Page 10 · (1) 6.2 FFF.~ (1) 7.1 (1) 7.2 C. The developer shall provide the City with an information notice to future homeowners of lots that have aboveground utilities or structures (such as light standards and fire hydrants)located within a public utility easement identifying the type of structure and their locations. U. The developer shall provide the City with an information notice, as approved by the City Attorney, indicating that El Toro Marine Base may be developed with a commercial airport which may effect the project with aircraft overflights. i. The developer shall provide the City with an information notice, as approved by the City Attorney, indicating that any use of the individual residences for a business shall be subject to the City's requirements for a Home Occupation Permit. F. The developer shall provide the City with an information notice as approved by the City Attorney indicating that the pedestrian gates at the front entrance are required to remain unlocked. Subdivider shall notify ali potential homebuyers of the following liens and Assessment/Maintenance Districts affecting the property: A. Reassessment District No. 95-2. Bo City of Tustin Landscaping and Lighting District as amended. C. That the project is located within a Mello Roos District. The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $150 per hour (or rate in effect at the time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning Staff is required. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a C:A~HII=R'~ C:HF('.K 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 that applicant has not delivered to the Community Exhibit A Tentative Tract Map 15993 - Conditions of Approval' Resolution No. 3782 Page 11 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.