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HomeMy WebLinkAboutPC RES 3953 RESOLUTION NO. 3953 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 04-006 AUTHORIZING THE DEVELOPMENT OF 1,077 RESIDENTIAL UNITS ON A 105.5 ACRE (GROSS) SITE BOUNDED BY EDINGER AVENUE ON THE NORTH, AN OFFICE INDUSTRIAL BUILDING AND SEVERYNS ROAD ON THE WEST, VALENCIA NORTH LOOP ROAD ON THE SOUTH AND WEST CONNECTOR ROAD ON THE EAST WITHIN PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS TUSTIN SPECIFIC PLAN (PARCEL 23 AND PARCEL 24) 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 Design Review 04-006 was submitted by Marble Mountain Partners LLC for development of 1,077 residential units including 84 Single Family Detached (SFD), 181 Carriage Way (SFD), 72 condominium units (senior housing -- for ownership tenure) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 18 Carriage Way units (SFD), 552 Condominium units (Multiple Family Residential), and 170 condominium units (senior housing - for ownership tenure) for a total of 740 units at an average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS-Tustin Specific Plan on a 105.5-acre site within Planning Area 4 and Planning Area 5 of the MCAS-Tustin Specific Plan (Parcel 23 and 24); 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 Areas 4 and 5 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential and Medium Density Residential on MCAS Tustin Reuse Plan Disposal Parcel 23 and Parcel 24; D. That, as conditioned, the proposed subdivision will be in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan, as amended by Zone Change 04-003, State Subdivision Map Act and the City's Subdivision Code; Resolution 3953 DR 04-006 Page 2 E. F. G. 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: Height, bulk, and area of buildings. Setbacks and site planning. Exterior materials and colors. Type and pitch of roofs. Size and spacing of windows, doors, and other openings. 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. 1. 2. 3. 4. 5. 6. 7. 8. 9. That the applicant has requested approval of Tentative Tract Map 16581 ("The Map") in conjunction with the applications for Design Review 04-006, and findings and conditions of approval related to site design, street design, open space and park site design, dedication of necessary rights-of-way and provision of necessary infrastructure improvements have been included in Resolution No. 3952 recommending approval of The Map. 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 1,077 units. 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 Resolution 3953 DR 04-006 Page 3 II. adopted Resolution No. 3949 finding that the FEIS/EIR adequately addressed all potential impacts related to the project. The Planning Commission hereby approves Design Review 04-006 for development of 1 ,077 residential units on a 105.5-acre site (Parcel 23 and Parcel 24) within Planning Area 4 and Planning Area 5 of the MCAS- Tustin Specific Plan, 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 February, 2005. J NIELSEN Chairperson ELI BETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTI N ) 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. 3953 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of February, 2005. ,~ '--------'----'--'---'---"--'---'-'-'----" .. GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A DESIGN REVIEW 04-006 RESOLUTION NO. 3953 CONDITIONS OF APPROVAL The proposed project shall conform with the Tustin City Code and Tustin guidelines and standards and be consistent 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. 3953 shall become null and void in the event that Resolution Nos. 3950, 3951, and 3952 approving Specific Plan Amendment/Zone Change 04-003, Concept Plan 03-003, Tentative Tract Map 16581, and the Affordable Housing Plan and Density Bonus Application, which includes 182 additional density bonus units and transfer of 8 Very Low income and 17 Low income units from Planning Area 21 to Planning Area 5 and transfer 8 Low Income units and 14 Moderate Income units from Planning Area 4 to Planning Area 5, are not approved by the City Council. 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 if a written request is within thirty (30) days prior to expiration date. The development of the project described in Design Review 04-006 shall be designed and constructed in accordance with Specific Plan Amendment/Zone Change 04-003, Concept Plan 03-003, Tentative Tract Map 16581, and density bonus application as approved by Resolution Nos. 3950, 3951, 3952, and 3946 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 GUJDELINES (7) PC/CC POLICY *** EXCEPTION Resolution 3953 DR 04-006 Page 2 (1 ) (1 ) (1 ) (5) (5) 1.6 1.7 Approval of Design Review 04-006 is contingent upon the applicant returning to the Community Development Department a notarized IIAgreement to Conditions Imposedll form and the property owner signing and recording with the County Clerk-Recorder a notarized IINotice 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. The development of the project described in Design Review 04-006 shall be in accordance with Concept Plan 03-003 and Tentative Tract Map 16581 approved by Resolution Nos. 3951, and 3952 which are incorporated herein by reference. 1.8 As a condition of approval of Design Review 04-006, 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. 1.9 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. 3952t. 1.10 Project phasing shall be in accordance with the phasing set forth in Resolution No. 3952. GRADING PLAN SUBMITTAL (1 ) (1 ) 2.1 Prior to issuance of a grading permit all requirements related to private infrastructure contained within Resolution No. 3946 shall be met. 2.2 Four (4) sets of final grading plans, including a site plan, and consistent with the 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. Resolution 3953 DR 04-006 Page 3 (1 ) 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. 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, 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. E. Two (2) copies of a hydrology report. F. 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. G. Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. H. 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 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 must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. 2.3 (1 ) The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. 2.4 (1 ) 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. 2.5 Resolution 3953 DR 04-006 Page 4 (1 ) 2.6 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 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. (3) 3.2 uilding plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . Structural calculations, two (2) copies. . Title 24 energy calculations, two (2) copies. . 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. 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 90-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. . 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." . Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal and all equipment must be six Resolution 3953 DR 04-006 Page 5 (1 ) (3) 3.3 3.4 (3) 3.5 (3) 3.6 (3) 3.7 (3) (3) (1 ) (4) 3.8 3.9 (6) inches below the top of the parapet, subject to the approval of the Community Development Director. . Noise attenuation features as required by Conditions 14.1 through 14.3 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. 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, Irvine Ranch Water District (IRWD) intent to serve and approval of the water/ sewer plans are 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). 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 nine (9) 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. Resolution 3953 DR 04-006 Page 6 (1 ) (1 ) (1 ) 3.12 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. 3.13 Footings for all retaining walls shall be located within the tract boundary. 3.14 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. 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 (Le., 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. Resolution 3953 DR 04-006 Page 7 (***) 3.15 (1 ) According to the submitted report the water table is as low as eight (8) feet in some areas. Units with basements or grade difference that would be affected by the water table shall require special construction techniques subject to review and approval of the Community Development Department. 3.16 Add notes that all utilities placed under private streets are located a minimum of 36 inches below grade and revise street cross sections accordingly. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1 ) 4.1 WATER QUALITY (1 ) 5.1 All conditions of Resolution No. 3952 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 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 any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. Resolution 3953 DR 04-006 Page 8 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. (1 ) 5.2 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: (1 ) 5.3 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. 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. During construction, disposal of such materials 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. D. Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Resolution 3953 DR 04-006 Page 9 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 ) (1 ) (1 ) 6.1 A 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 3952. 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. 6.2 Temporary construction fencing shall be permitted to encroach into required travelways of private streets or drives once constructed and shall be removed prior to issuance of Certificate of Occupancy for the model homes. 6.3 The developer 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 ensure the conversion. ARCHITECTURE (1 ) (1 ) (4) (4) 7.1 All carriage way product shall meet the development standards adopted by Resolution No. 3950. 7.2 Architectural elevations of the Carriage way product shall be revised to incorporate a cohesive architectural style and adequate articulation on the side and rear elevations subject to review and approval of the Community Development Department. 7.3 Building elevations visible from Edinger Avenue, West Connector Road, and Valencia North Loop Road 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 off sets, pop-outs, overhangs, window trim, fascia molding, planter boxes, etc. to the satisfaction of the Community Development Department. 7.4 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. Resolution 3953 DR 04-006 Page 10 (4) (4) (4) (4) (4) (1 ) 7.5 Window trims, surrounds, and mullions shall be provided on all elevations consistent with the architectural treatment and of the buildings subject to final approval of the Community Development Department. 7.6 All roof materials shall be subject to final approval by the Community Development Department. 7.7 All exterior doors and windows, glass, and frame color shall be subject to final approval of the Community Development Department. 7.8 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. 7.9 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. 7.10 All portions of the first, second, and third floor living areas of the multiple family products shall be located a minimum of five (5) feet from the private drives. LANDSCAPING/HARDSCAPE (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: . 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. Resolution 3953 DR 04-006 Page 11 . 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. . Ground cover shall be planted eight (8) to twelve (12) inches on center. . 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. . Major points of entry to the project, private streets, and private drives and internal circulation shall receive specimen trees to create an identifying theme. . 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 large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. (1 ) 8.2 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 Resolution 3953 DR 04-006 Page 12 (4) (4) (4) (4) (1 ) (1 ) 8.3 8.4 8.5 8.6 8.7 8.8 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 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. Major points of entry to the project, private streets, and private drives and internal circulation shall receive specimen trees to create an identifying theme. Perimeter tract walls shall be constructed of high quality materials and matching architecture subject to final approval of the Community Development Department. The main entries to the project at West Connector Road and Valencia North Loop Road 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. 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. A portal design for the intersection of Edinger Avenue and West shall be provided for review and approval of the Community Development Department and installed by the applicant. Resolution 3953 DR 04-006 Page 13 USE RESTRICTIONS (1 ) (4) (5) (1 ) (1 ) (5) 9.1 The project shall include 1 ,077 units, including 84 Single Family Detached (SFD), 181 Carriage Way SFD, 72 condominium units (Senior Housing) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 570 condominium units (Multiple Family Residential), and 170 condominium units (Senior Housing) for a total of 740 units at an Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS-Tustin Specific Plan with 266 on-site units (241 required and 25 transferred from Planning Area 21) required to be offered as affordable units, as identified in Condition 10.1. A separate "Private Open Space Exhibit" 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. No outdoor storage shall be permitted during grading or building stages, except as approved by the Tustin Community Development Director. During construction, permission from adjacent property owners shall be required for any work located on adjacent properties. AFFORDABLE HOUSING 9.2 9.3 9.5 9.6 9.7 (1 ) 10.1 The subdivider shall comply with the obligations contained in Resolution No. 3952 regarding affordable housing units. SENIOR HOUSING PROJECT (*) 11 .1 The senior housing shown on the tentative tract map is provided for general location and number of units purposes and does not represent final City approval except that 153 affordable units shall be provided at this site including 36 Very Low, 61 Low, and 56 Moderate Income units. A design review application for the senior Resolution 3953 DR 04-006 Page 14 (1 ) housing including a site plan delineating adequate access non- intrusive to low density residential units, adequate parking, landscaping, fire access, architectural floor plans, elevations, materials and colors for the housing units and the recreational building, and a phasing plan for the construction of the affordable units along with the market rate units shall be submitted and approved prior to issuance of building permits for the first production unit of the entire Columbus Square project. A production unit is defined as a unit included in phase I and subsequent phases of the Phasing Plan (not including initial phase or model homes). Any deviation from the MCAS Tustin Specific Plan parking standards for the senior housing would require approval of a conditional use permit which would include submittal of a parking analysis that would justify reduction in number of required parking spaces, subject to review and approval of the City's traffic engineer. If the developer is not able to justify the reduction in parking and/or the conditional use permit is not approved, the developer agrees to a proportionate reduction in the number of units. Except in no case, shall the number of affordable units approved herein be reduced. Prior to issuance of the 420th building permit for the production units of the entire Columbus Square project, building permits for the senior housing shall have been issued and the first footing inspection for the senior housing shall have been completed. In addition, construction of the recreation building and park facilities shall be completed prior to the issuance of the 420th building permit (50% of non-restricted). 11.2 The design, massing, and color/materials of the senior housing project shall be of high quality construction and compatible with other products within Columbus Square to minimize the institutional appearance of this product. ORANGE COUNTY FIRE AUTHORITY (5) 12.1 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. (5) 12.2 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any 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. Resolution 3953 DR 04-006 Page 15 (5) (5) (5) NOISE (1 ) (1 ) (1 ) 12.3 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. 12.4 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. 12.5 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 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. 13.1 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 permit or recordation of the final map, whichever occurs first. 13.2 In accordance with the noise analysis, all units along Edinger Avenue, West Connector Road, and Valencia North Loop Road that are required to include air conditioning units to achieve the minimum interior noise level standards shall have these units installed prior to issuance of a Certificate of Occupancy. Prior to final inspection and issuance of certificates of use and occupancy, the developer shall provide an independent noise analysis verifying that interior noise levels comply with Title 25 and City noise requirements. 13.3 The applicant shall submit additional information to the City showing the construction details, materials and finish, and height of the proposed sound walls along Edinger Avenue for review and approval of Community Development Director. Resolution 3953 DR 04-006 Page 16 ENVIRONMENTAL (1 ) 14.1 FEES (1)(5) 15.1 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. The developer shall enter into an agreement with the City of Tustin to establish a fair-share mechanism to provide needed Tustin Legacy Backbone Infrastructure program. B. 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. c. 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. D. 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. E. 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. 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. Resolution 3953 DR 04-006 Page 17 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 the time of permit issuance. The current fee is $2,910 per single-family unit and $1,694 per multiple family unit. e. Transportation System Improvement Program (TSIP), Benefit Area liB" 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. f. Water and sewer connection fees to the Irvine Ranch Water District. g. New development tax is $350.00 per unit. h. School facilities fee in the amount as required by Tustin Unified School District. i. Other applicable parkland in-lieu fees and Tustin Legacy Backbone Infrastructure Program fees as required by Resolution No. 3952. 15.2 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 )