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HomeMy WebLinkAboutPC RES 3947 RESOLUTION NO. 3947 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 04-004 AUTHORIZING THE DEVELOPMENT OF 465 RESIDENTIAL UNITS (211 SINGLE FAMILY DETACHED, 68 CARRIAGE WAY UNITS, 186 CONDOMINIUM UNITS) ON A 86.26 ACRE (GROSS) PARCEL WITHIN PLANNING AREA 21 OF THE MCAS-TUSTIN SPECIFIC PLAN ON MCAS TUSTIN REUSE PLAN DISPOSAL PARCELS 35 AND 36 The Planning Commission of the City of Tustin does hereby resolve as follows: I. A. The Planning Commission finds and determines as follows: That a proper application for Design Review 04-004 was submitted by Marble Mountain Partners LLC for development of 465 residential units, including 211 detached single family dwelling units, 68 detached carriage way single family dwelling units, and 186 condominium units on a 86.26-acre site within Planning Area 21 of the MCAS-Tustin Specific Plan on MCAS Tustin Reuse Plan Disposal Parcels 35 and 36; B. That a public hearing was duly called, noticed, and held for said application on January 24, 2005 and continued to February 14, 2005 by the Planning Commission; C. That the site is located in the "MCAS-Tustin Specific Plan" land use designation of the General Plan, which provides for residential development, and in Planning Area 21 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential on MCAS Tustin Reuse Plan Disposal Parcel 35 and Parcel 36, which is currently located in the City of Irvine and proposed to be annexed to City of Tustin in the near future under separate action; D Pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. 2. 3. 4. Height, bulk, and area of buildings. Setbacks and site planning. Exterior materials and colors. Type and pitch of roofs. Resolution 3947 DR 04-004 Page 2 II. 5. Size and spacing of windows, doors, and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Location, height, and standards of exterior illumination. Landscaping, parking area design, and traffic circulation. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. 7. 8. 9. E. That the applicant has requested approval of Tentative Tract Map 16582 (The "Map") in conjunction with the applications for Design Review 04-004, and findings and conditions of approval related to site design, street design, open space and park site design, and dedication of necessary right-of-way and provision of necessary infrastructure improvements have been included in Resolution No. 3946 recommending approval of The Map. F. That a Final Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (FEIS/EIR) was prepared and certified, which considered the potential development of low density residential units and that the proposed project includes 465 units as considered in the FEIS/EIR. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified; all applicable mitigation measures in the FEIS/EIR have been included as conditions of approval. The Planning Commission has adopted Resolution No. 3943 finding that the FEIS/EIR adequately addressed all potential impacts related to the project. The Planning Commission hereby approves Design Review 04-004 for development of 465 residential units including 211 detached single family residential units, 68 carriage way single family units, and 186 condominium units on a 86.26-acre site (Reuse Plan Disposal Parcels 35 and Parcel 36) within Planning Area 21 of the MCAS-Tustin Specific Plan, subject to the conditions contained in Exhibit A attached hereto. Resolution 3947 DR 04-004 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Commission held on the 14'" day of February.~ ~SEN - 2 Chairperson ~~ ~-'/: LIZABETH A. BINSACK Planning Commission Secretary Planning 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. 3947 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of February, 2005. ~ '/dL~ IZABE~ A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A DESIGN REVIEW 04-004 RESOLUTION NO. 3947 CONDITIONS OF APPROVAL The proposed project shall be compliance with the MCAS Tustin Specific Plan, Tustin City Code, and City of Tustin Guidelines and Standards and conform with submitted plans for the project date stamped February 14, 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 consistent with the provisions of the Tustin City Code, and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. Resolution No. 3947 shall become null and void in the event that General Plan Amendment 04-001 and Zone Change 04-001 applicable to MCAS Tustin Reuse Plan Disposal Parcel 36 and Resolution Nos. 3944, 3945, and 3946 approving Concept Plan 03- 004, Zone Change 04-002, Design Review 04-004, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 21 to Planning Area 5, are not approved by the City Council. Resolution No. 3947 shall not become effective as it applies to any development located on Parcel 36 including units that traverse jurisdiction boundaries until Annexation 159 for the annexation of MCAS Tustin Reuse Plan Disposition Parcel 36 becomes effective. The development of the project described in Design Review 04-004 shall be designed and constructed in accordance with Concept Plan 03-004, Zone Change 04-001 for Parcel 36, Zone Change 04- 002 for Parcel 35, and Tentative Tract Map 16582, as approved by Resolution Nos. 3944, 3945, 3946, and 3955, which are incorporated herein by reference. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Resolution 3947 DR 04-004 Page 2 (1 ) 1.6 (1 ) 1.7 (1 ) 1.8 (5) 1.9 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months. All time extensions may be considered by the Community Development Director if a written request is within thirty (30) days prior to expiration date. Approval of Design Review 04-004 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. As a condition of approval of Design Review 04-004, 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. The applicant shall implement an affordable housing program in compliance with all applicable provisions of MCAS Tustin Specific Plan and comply with related conditions contained in the housing incentive agreement as required by Resolution No. 3946. (5) 1 .10 Project phasing shall be in accordance with the phasing set forth in Resolution No. 3946. GRADING PLAN SUBMITTAL (1 ) 2.1 (1 ) 2.2 Prior to issuance of a grading permit all requirements related to private infrastructure contained within Resolution No. 3946 shall be met. Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer in accordance with the City of Tustin's Grading Ordinance and other applicable regulations, shall be submitted and Resolution 3947 DR 04-004 Page 3 shall include the following: A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. B. Three (3) copies of a precise soils 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. C. Two (2) copies of a hydrology report and Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. D. Information demonstrating that drainage flow lines in all driveways and roadway shall be shown on a storm drain plan. E. Information demonstrating that catch basin placement at all street tapers shall be evaluated and reconfigured, if necessary, to eliminate trapped water conditions. F. Information demonstrating that all roadway drainage shall be designed to drain low points out of street intersections. G. Information demonstrating that drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin's "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989, except for deviations approved by the Building Official and authorized in Resolution No. 3946. The minimum turn radii may be reduced from twenty-five (25) foot requirement for private drives if adequate truck turns for delivery trucks, emergency vehicles and trash hauler trucks can be provided and upon approval by the Building Official. A six (6) inch minimum raised concrete curb shall be provided at all private streets and private drives. Rolled curbs are only permitted in private courts or at garage driveways, subject to review and approval by the Building Official. H. Information demonstrating that vehicle parking, primary entrance to the building, primary paths of travel, sanitary facilities, drinking fountain, and public telephones for the recreation building shall be accessible to persons with disabilities. ----,- GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A DESIGN REVIEW 04-004 RESOLUTION NO. 3947 CONDITIONS OF APPROVAL The proposed project shall be compliance with the MCAS Tustin Specific Plan, Tustin City Code, and City of Tustin Guidelines and Standards and conform with submitted plans for the project date stamped February 14, 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 consistent with the provisions of the Tustin City Code, and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. Resolution No. 3947 shall become null and void in the event that General Plan Amendment 04-001 and Zone Change 04-001 applicable to MCAS Tustin Reuse Plan Disposal Parcel 36 and Resolution Nos. 3944, 3945, and 3946 approving Concept Plan 03- 004, Zone Change 04-002, Design Review 04-004, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 21 to Planning Area 5, are not approved by the City Council. Resolution No. 3947 shall not become effective as it applies to any development located on Parcel 36 including units that traverse jurisdiction boundaries until Annexation 159 for the annexation of MCAS Tustin Reuse Plan Disposition Parcel 36 becomes effective. The development of the project described in Design Review 04-004 shall be designed and constructed in accordance with Concept Plan 03-004, Zone Change 04-001 for Parcel 36, Zone Change 04- 002 for Parcel 35, and Tentative Tract Map 16582, as approved by Resolution Nos. 3944, 3945, 3946, and 3955, which are incorporated herein by reference. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Resolution 3947 DR 04-004 Page 2 (1 ) 1.6 (1 ) 1.7 (1 ) 1.8 (5) 1.9 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months. All time extensions may be considered by the Community Development Director if a written request is within thirty (30) days prior to expiration date. Approval of Design Review 04-004 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. As a condition of approval of Design Review 04-004, 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. The applicant shall implement an affordable housing program in compliance with all applicable provisions of MCAS Tustin Specific Plan and comply with related conditions contained in the housing incentive agreement as required by Resolution No. 3946. (5) 1.10 Project phasing shall be in accordance with the phasing set forth in Resolution No. 3946. GRADING PLAN SUBMITTAL (1 ) 2.1 (1 ) 2.2 Prior to issuance of a grading permit all requirements related to private infrastructure contained within Resolution No. 3946 shall be met. Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer in accordance with the City of Tustin's Grading Ordinance and other applicable regulations, shall be submitted and shall include the following: Resolution 3947 DR 04-004 Page 3 A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. B. Three (3) copies of a precise soils 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. c. Two (2) copies of a hydrology report and Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. D. Information demonstrating that drainage flow lines in all driveways and roadway shall be shown on a storm drain plan. E. Information demonstrating that catch basin placement at all street tapers shall be evaluated and reconfigured, if necessary, to eliminate trapped water conditions. F. Information demonstrating that all roadway drainage shall be designed to drain low points out of street intersections. G. Information demonstrating that drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin's "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989, except for deviations approved by the Building Official and authorized in Resolution No. 3946. The minimum turn radii may be reduced from twenty-five (25) foot requirement for private drives if adequate truck turns for delivery trucks, emergency vehicles and trash hauler trucks can be provided and upon approval by the Building Official. A six (6) inch minimum raised concrete curb shall be provided at all private streets and private drives unless otherwise approved by the Building Official. Rolled curbs are only permitted in private courts or at garage driveways, subject to review and approval by the Building Official. H. Information demonstrating that vehicle parking, primary entrance to the building, primary paths of travel, sanitary facilities, drinking fountain, and public telephones for the recreation building shall be accessible to persons with disabilities. Resolution 3947 DR 04-004 Page 4 (1 ) 2.3 (1 ) 2.4 (1 ) 2.5 (1 ) 2.6 I. Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. J. Details indicating that a maximum streetlight spacing of 200 feet staggered from side to side along the street shall be used for on-site street lighting (per City of Tustin Private Street Standards for local private residential streets) and placement of streetlights in relation to the intersection locations and other driver decision points for safe pedestrian access through the site. 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. 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 issuance of a grading permit, the applicant shall be required to provide a performance bond to assure grading work is completed in accordance with approved plans. The engineer's estimated cost shall be submitted to the Building Official for determination of the bond amount. A note shall be provided on the final plans indicating that a six (6) foot high chain link fence shall be installed around the site prior to grading. 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. BUILDING PLAN SUBMITTAL (3) 3.1 (3) 3.2 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: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . Two copies of structural calculations. . Two copies of Title 24 energy calculations. Resolution 3947 DR 04-004 Page 5 (1 ) (3) (3) (3) (3) (3) 3.3 3.4 3.5 3.6 3.7 3.8 . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable . Details for the proposed windows and doors. . Roofing material shall be fire rated class "B" or better. . The location of any utility vents or other equipment shall be provided on the roof plan. . Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. . A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." . Noise attenuation features as required by Conditions 12.1 to 12.3 of this Resolution. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Sufficiently sized concrete pad in front of mailbox structures shall be provided to allow mail carrier to place mail and homeowner to retrieve mail without standing in the street or landscape area except as required by US Postal service. Vehicle parking, primary entrance to the pool and recreational building, the primary path of travel, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. Prior to issuance of any permit, a will serve letter from Irvine Ranch Water District (IRWD) and approval of the water/ sewer plans is required. Two (2) exits are required from the third floor of residential occupancy when, the floor area of the third floor exceeds 500 square feet. Provide area analysis for all buildings (residences and garages), and show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California Building Code (Section 310.4). Resolution 3947 DR 04-004 Page 6 (3) (1 ) (4) (1 ) (1 ) (1 ) (1 ) 3.9 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). 3.10 The clear and unobstructed interior garage dimensions for each parking space shall be a minimum of ten (10) feet in width and twenty (20) feet in length and shall be shown on the plans. 3.11 Information to ensure compliance with requirements of the Orange County Fire Authority shall be submitted including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. 3.12 Footings for all retaining walls shall be located within the tract boundary . 3.13 No structures shall be permitted to be developed over active pipelines, abandoned lines, or utility easements, except where approved by the City Engineer and/or Building Official. 3.14 At plan check all private streets shall meet the requirement of the City of Tustin Private Improvement Standards with exception of turn radii deviation that require approval by the Building Official. 3.15 If determined feasible by the Building Official, the applicant shall implement one or more of the following control measures, if not already required by the SCAQMD under Rule 403 during construction as follows: a) Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces at all actively disturbed sites. b) Develop a construction traffic management plan that includes, but is not limited to, rerouting construction trucks off congested streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment on-site and off-site. c) Use electricity from power poles rather than temporary diesel or gasoline-powered generators. d) Reduce traffic speeds on all unpaved roads to 15 mph or less. e) Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. Resolution 3947 DR 04-004 Page 7 f) Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). g) Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications to exposed piles of gravel, sand, or dirt. h) Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two (2) feet of freeboard (i.e., minimum vertical distance between top of the load and top of the trailer). i) Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweepers with reclaimed water when feasible). j) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site each trip. k) Use low VOC architectural coatings for all interior and exterior painting operations. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1 ) 4.1 WATER QUALITY (1 ) 5.1 All conditions of Resolution No. 3946 related to private on-site infrastructure shall be implemented. 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 Resolution 3947 DR 04-004 Page 8 (1 ) 5.2 (1 ) 5.3 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. The property owner shall include in the covenants, conditions, and restrictions required by Resolution No. 3946, as approved by the City Attorney, requiring the property owner, successors, tenants (if applicable), and assigns to operate and maintain in perpetuity the post-construction BMPs described in the WOMP 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 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, Resolution 3947 DR 04-004 Page 9 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. MODEL HOME PLAN AND CONSTRUCTION PHASING (1 ) 6.1 (1 ) 6.2 (1 ) 6.3 A master site plan, street improvement plan, and striping plan for the model home complex shall be submitted as one submittal for all product models for review and approval of the Community Development Department, in accordance with the phasing requirements for the project contained within Resolution No. 3946. A separate model home permit shall be required for each project model. All required improvements for streets, landscaping, ADA compliance, emergency access, security lighting, etc. shall be installed prior to final inspection for the model homes and the sales office. Temporary construction fencing shall be permitted to encroach into completed travelways of private streets or drives on locations approved by the Community Development Department and shall be removed prior to issuance of Certificate of Occupancy for the model homes. The builder shall close and convert the model homes to occupancy within 90 days from the last home sale of the same style home. Prior to issuance of building permits for the model homes, the developer shall submit a bond to Building Division to ensure the conversion. ARCHITECTURE (1 ) 7.1 (1 ) 7.2 All carriage way single family detached units shall meet the development standards adopted by Resolution No. 3944. Architectural elevations of the carriage way single family detached units shall be revised to incorporate a consistent architectural style. Perimeter units and corner units shall be sufficiently articulated by providing "enhanced" elevations for units that are visible from public Resolution 3947 DR 04-004 Page 10 (4) (4) (4) (4) (4) (4) (4) 7.3 7.4 7.5 7.6 7.7 7.8 7.9 roadways and at internal corners, subject to review and approval of the Community Development Director. At building plan check, building elevations visible from Harvard Avenue, and Moffett Avenue shall be designed in accordance with the Urban Design Guidelines contained in the MCAS Tustin Specific Plan with respect to mass, variety of color and material, architectural articulation in form of window trim, fascia molding, planter boxes, etc. to the satisfaction of the Community Development Department. The design of the recreational building shall incorporate the character defining features of the residential products within the subdivision subject to review and approval by the Community Development Department. Window trims, surrounds, and mullions shall be provided on all elevations consistent with the architectural style and treatment of the buildings subject to final approval of the Community Development Department. All roof materials shall be subject to final approval by the Community Development Department. All exterior doors and windows, glass, and frame color shall be subject to final approval of the Community Development Department. All exterior colors and textures shall be submitted to review and approval of the Community Development Department. Colors, materials, and textures shall be coordinated with the architectural styles and noted in construction plans. All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts from Harvard Avenue and Moffett Avenue screened by adequate landscaping or other effective screening devices. LAN DSCAPI NG/HAR DSCAP E (1 ) 8.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: Resolution 3947 DR 04-004 Page 11 . Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, 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 plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. . The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. . Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. . Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. . Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject tot approval of the Community Development Department. . Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. . Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. . All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. . Landscape adjacent to the right-of-way shall be in compliance with the requirements of MCAS Tustin Specific Plan. Perimeter walls should be treated with vines to relieve Resolution 3947 DR 04-004 Page 12 (1 ) 8.2 (1 ) 8.3 (1 ) 8.4 (1 ) 8.5 large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. . The main entries to the project at Harvard Avenue and Moffett Avenue shall include hardscape treatments that are consistent with Section 2.17 of the MCAS Tustin Specific Plan and shall be subject to final approval of the Community Development Department. The screen wall and retaining wall along the boundary between Tentative Tract Map 16582 and Peters Canyon Channel shall be located outside of Orange County Flood Control District (OCFCD)'s right-of-way and owned and maintained by the homeowners association. Major points of entry to the project, private streets, and private drives and internal circulation shall receive specimen trees to create an identifying theme. The final design for the portal entry at the southeast corner of Moffett Avenue and Harvard complements shall be coordinated with the John Laing Home site north of the project site and consistent with Section 2.17 of the MCAS Tustin Specific Plan with respect to species, size and location of trees, and shrubs subject to review and approval by the Community Development Department. The applicant shall post a bond for design and construction of the ultimate connection from the proposed paseos (Lots R, S and X) to the future Peters Canyon Channel regional trail. All improvements shall be installed upon finalization of the design of Peters Canyon trail. An opaque screen consisting of one or a combination of berms, masonry walls, and landscaping integrated into an aesthetic pattern shall be installed along site boundaries where residential uses abut arterial or secondary highways, with the aggregate height of berms and walls not to exceed six (6) feet, eight (8) inches, or higher as may be required and approved to mitigate noise impacts. Screening shall consist of one or any combination of the following components: . Walls, including retaining walls, shall consist of concrete, stone, brick, tile, or similar masonry material. . Berms shall be constructed of earthen materials and shall be landscaped according to an approved plan. . Evergreen or deciduous trees or shrubs consistent with landscape guidelines contained in the Specific Plan. Trees shall vary in size (minimum 24-inch box) and species to provide Resolution 3947 DR 04-004 Page 13 (4) (4) (1 ) 8.6 8.7 8.8 smaller broad dome trees and upright vertical trees along the street right-of-ways consistent with the requirements of the Urban Design Guidelines Section 2.17 of MCAS Tustin Specific Plan and subject to final approval of the Community Development Department. . Landscaping/screening at intersections shall be designed and maintained to not restrict vehicular sight distance in accordance with the current City of Tustin and Irvine standards. On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. Perimeter tract walls shall be constructed of high quality materials and complementary architecture subject to final approval of the Community Development Department. Trees in the landscape setbacks adjacent to public rights-of-way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. USE RESTRICTIONS (5) (1 ) (4) (5) 9.1 9.2 9.3 9.4 The project shall include 465 units, including 211 detached single family dwelling units, 68 detached carriage way single family dwelling units, 102 condominium (triplex) units, and 84 condominium (cluster four-plex) units with 42 on-site units required to be offered as affordable units, as identified in Condition 10.1. A separate "Private Open Space Exhibit" for the condominium units shall be submitted at plan check. Any changes to the allocation of private open space identified on the site plan shall be reviewed and approved by the Director of Community Development. Parallel guest parking spaces, guest parking stalls, and driveway parking spaces shall be maintained as shown on the approved "Parking and Circulation Exhibit." Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development. Individual trash can service may be provided on the site. Trashcans shall be placed only in the locations identified on the approved "Curbside Trash Pick-up Exhibit" up to twelve (12) hours prior to regularly scheduled trash collection and shall be removed within twelve (12) hours of trash collection. Resolution 3947 DR 04-004 Page 14 (1 ) 9.5 No outdoor storage shall be permitted during grading or building stages, except as approved by the Community Development Director. (1 ) 9.6 During construction, permission from adjacent property owners shall be required for any work located on adjacent properties. AFFORDABLE HOUSING (1 ) 10.1 The subdivider shall comply with the obligations contained in Resolution No. 3946 regarding affordable housing unit and homeless accommodation obligations and the Housing Agreement approved by the City Council. ORANGE COUNTY FIRE AUTHORITY (5) (5) (5) (5) (5) 11.1 Prior to the issuance of any grading or building permits, the applicant shall submit a Fire Master Plan to the Fire Chief for review and approval. This plan submittal shall include fire department access, fire hydrants, fire lane markings, water availability for fire flow reports, blue reflective pavement markers, and laddering exhibits for rescue windows on multi-story dwelling units. 11 .2 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any single structure larger than 5,500 square feet, multi-family housing or dwellings that do not meet fire department access to the Fire Chief for review and approval. . 11 .3 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 573-6100 to obtain a copy of the standard combustible construction letter. 11.4 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. 11.5 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. The requirement for fire alarms applies to Group R Division 1 Resolution 3947 DR 04-004 Page 15 NOISE (1 ) 12.1 occupancies as defined by the 2001 California Fire Code; when a building is at least three stories in height and contains 16 or more dwelling units. The requirement for fire sprinkler monitoring applies to a structure when it contains 100 or more fire sprinkler heads. Plans for noise attenuation of residential units located near arterial highways, which ensure that interior and exterior noise levels (including balconies) do not exceed State and local requirements of the City of Tustin, shall be submitted for review and approval prior to issuance of building permits on the site including permit for the perimeter sound walls. 12.2 In accordance with the noise analysis, all units that are required to include air conditioning units to achieve the minimum interior noise level standards shall have these units installed prior to final inspection. (1 ) 12.3 The applicant shall submit a detailed plan showing the detail length and height, grading details, and type of materials for the sound walls along Moffett Avenue, Harvard Avenue and adjacent to the Peters Canyon Channel for review and approval of the Community Development Department. (1 ) ENVIRONMENTAL (1 ) 13.1 All mitigation measures related to the project that are required by the Mitigation Monitoring Program for the project, identified in this exhibit and in other project entitlements, shall be implemented. Additional measures related to development of this project as noted in the adopted EIS/EIR and are not previously identified in this exhibit as a condition of approval are required as follows: A. Prior to issuance of any permits, the developer shall retain a County-certified archaeologist. If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. B. The developer shall comply with the requirements established in a Palentological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. Resolution 3947 DR 04-004 Page 16 FEES (1)(5) 14.1 C. Prior to the issuance of any permit, the applicant shall provide written evidence to the Community Development Department that a County-certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. D. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. F. The applicant shall comply with all City policies regarding short- term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. G. The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. Prior to issuance of each 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 plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule at Resolution 3947 DR 04-004 Page 17 the time of permit issuance. The current fee is $2,910 per single-family unit and $1,694 per multiple family unit. e. Water and sewer connection fees to the Irvine Ranch Water District. f. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. g. h. New development tax fee in the amount of $350.00 per unit. School facilities fee in the amount as required by Irvine Unified School District. i. Other applicable parkland in-lieu fees and Tustin Legacy Backbone Infrastructure Program fees as specified in Resolution No. 3946. 14.2 Within forty-eight (48) hours of final approval of the 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 that 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. (1 )