HomeMy WebLinkAboutCC RES 19-54RESOLUTION NO. 19-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP 19103 AND DESIGN
REVIEW 2019-00009 FOR THE DEVELOPMENT OF 400 RESIDENTIAL
CONDOMINIUM UNITS ON LOTS 2 and 5-10 OF TRACT 18197 WITHIN
PLANNING AREA 8,13 and 14 OF NEIGHBORHOOD D OF THE TUSTIN LEGACY
SPECIFIC PLAN.
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. That a proper application has been submitted by Brookfield Homes Southern
California LLC for the development of 400 for -sale residential condominium
units, a community facility and other neighborhood amenities on Lots 2 and 5-
10 of Tract 18197, currently owned by the City of Tustin within Planning Areas
8, 13 and 14 of the Tustin Legacy Specific Plan.
B. That the development application includes the following requests:
1. Tentative Tract Map (TTM)19103 to subdivide an approximately 25.4 -acre
site into seventy-three (73) numbered lots and ten (10) lettered lots for the
development of 400 residential condominium units, a community
recreation facility, open space areas, and other neighborhood amenities.
2. Design Review (DR) 2019-00009 for the design and site layout of a
residential condominium community including 117 single family detached
units, 129 townhomes, 154 flats and townhomes, a community facility, and
other neighborhood amenities.
C. That the site is zoned as Tustin Legacy Specific Plan (SP 1) within Planning
Areas 8, 13 and 14 of Neighborhood D; and designated as Tustin Legacy
Specific Plan by the Tustin General Plan. In addition, the project has been
reviewed for consistency with the Air Quality Sub -element of the City of Tustin
General Plan and has been determined to be consistent with the Air Quality
Sub -element.
D. That a public hearing was duly called, noticed, and held on said application on
November 12, 2019, by the Planning Commission. The Planning Commission
adopted Resolution No. 4395, recommending that the City Council approve
TTM 19103 and DR 2019-00009.
E. That a public hearing was duly called, noticed, and held on said application
on December 3, 2019, by the City Council.
Resolution 19-54
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F. That Tustin Legacy Specific Plan Section 4.2.7 requires all private
development at Tustin Legacy to obtain a DA in accordance with Section
65864 et seq. of the Government Code and Sections 9600 to 9619 of the TCC.
The DA can be supported by the following findings:
The project is consistent with the objectives, policies, general land uses
and programs specified in the General Plan and the Tustin Legacy
Specific Plan in that residential uses are permitted uses within Planning
Areas 8, 13 and 14 of Neighborhood D.
2. The project is compatible with the uses authorized in the district in which
the real property is located (Planning Areas 8, 13 and 14) in that similar
and compatible uses are envisioned within the close proximity of the
project site.
3. The project is inconformity with the public necessity, public convenience,
general welfare, and good land use practices in that the project would
provide three (3) product types within the 400 new housing units for new
and existing Tustin residents thereby providing additional options for
housing to the City's housing stock.
4. The project will not be detrimental to the health, safety, and general
welfare. The project will comply with the Tustin Legacy Specific Plan,
TCC, and other regulations to ensure that the project will not be
detrimental in any way.
5. The project will not adversely affect the orderly development of property
in that the proposed project is orderly, well designed, and equipped with
necessary infrastructure and amenities to support existing and future
residents and businesses in Tustin Legacy.
6. The project will have a positive fiscal impact on the City in that the
provisions of the proposed DA and conditions of approval will ensure that
the project will have a positive fiscal impact on the City.
G. As conditioned, the TTM 19103 will be in conformance with the Tustin Area
General Plan, Tustin Legacy Specific Plan, State Subdivision Map Act and
the City's Subdivision Code as follows:
1. That the site is located in Planning Area 8, 13 and 14 (Lots 2 and 5-10 of
Tract 18197) of the Tustin Legacy Specific Plan, which is designated for
Mixed -Use Urban within the Tustin Legacy Specific Plan and that the
proposed development as conditioned will be physically suitable for the
type of development and proposed density of development;
Resolution 19-54
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2. The developer will be required to provide funding towards the project's
fair share of Tustin Legacy Backbone Infrastructure Program, which
includes improvements that are required to serve new development at
Tustin Legacy, including but not limited to roadway improvements; traffic
and circulation mitigation to support development at Tustin Legacy;
domestic and reclaimed water; sewer; telemetry systems; storm drains
and flood control channels; retention and detention systems, open space
and public recreational facilities and; utility backbone systems;
3. That the proposed subdivision would not have a new impact on school
district facilities within the Tustin Unified School District (TUSD) or Santa
Ana Unified School District (SAUSD) in that school impacts for
development were considered in the MCAS Reuse Plan which identified
school facility sites that will be conveyed to the TUSD by the Federal
Department of Education or the City of Tustin to serve development of
property at Tustin Legacy. The Tustin Legacy Specific Plan, the Final
Joint Program Environmental Impact Statement/Environmental Impact
Report (FEIS/EIR), its supplements and addenda, and conditions of
approval of the proposed subdivision also require proof of payment of
appropriate school fees as adopted by the TUSD and SAUSD prior to
issuance of building permits in accordance with the City's procedures;
4. That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife in their habitat;
5. The proposed subdivision is not located within a 100 -year flood plain
according to the Federal Emergency Management Agency map for the
area (2009);
6. Adequate infrastructure to support buildout of the project, construction of
all public infrastructure and in -tract private drives and utility systems is
required within the initial phases of development and in accordance with
the approved phasing plan;
7. That section 2.3.4 of TLSP authorizes the City Engineer to approve
variations to the standard cross sections for certain roadways, proposed
within the subdivision;
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H. Pursuant to the Tustin Legacy Specific Plan and Section 9272 of the Tustin
Municipal Code, the City Council 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 City Council has considered at least the following items:
1. Height, bulk, and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors, and other openings.
6. Roof structures.
7. Location, height, and standards of exterior illumination.
8. Landscaping, parking area design, and traffic circulation.
9. 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. Development Guidelines and criteria as adopted by the City Council.
That the developer opted to install private drives in lieu of private streets for
internal circulation. This option has been reviewed and approved by the
Community Development Department, subject to provision of additional
safety measures such as stop signs with stop bars, mirrors, or similar
devices, subject to final review and approval by the Community
Development Department and the Building Official.
J. That the Community Development Director has considered and approved
deviations in the maximum building setback to allow for additional outdoor
open space uses and greater variation in the staggering of building faces
along the street. That the proposed deviations are consistent with the intent
of the established standards and the Tustin Legacy Specific Plan.
K. That the Community Development Director has considered and approved
off-street parking requirements for flats located within the metro building
where two -car tandem and one -car garages are proposed to allow for
increased flexibility in building design. Alternate required spaces have been
provided and are required to be maintained on-site.
Resolution 19-54
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L. On January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for
the reuse and disposal of MCAS Tustin. On December 6, 2004, the City
Council adopted Resolution No. 04-76 approving a Supplement to the
FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue
and the future alignment of Valencia North Loop Road. On April 3, 2006, the
City Council adopted Resolution No. 06-43 approving an Addendum to the
FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No.
13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2017,
the City Council adopted Resolution No. 17-23 approving a second
Supplement to the FEIS/EIR. The FEIS/EIR along with its Addenda and
Supplements is a program EIR under the California Environmental Quality Act
(CEQA). The FEIS/EIR, Addenda and Supplements considered the potential
environmental impacts associated with development on the former MCAS,
Tustin.
An Environmental Checklist attached hereto as Exhibit A has been prepared
and concluded that these actions do not result in any new significant
environmental impacts or a substantial increase in the severity of any
previously identified significant impacts in the FEIS/EIR. Moreover, no new
information of substantial importance has surfaced since certification of the
FEIS/EIR.
The City Council hereby approves TTM 19103 and DR 2019-00009, subject to the
conditions attached hereto as Exhibit B.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting
on the 3rd day of December, 2019.
C ARLES E. PUCKETT,
Mayor
ATTEST:
ERI A N. ASU ,
City Clerk
Resolution 19-54
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 19-54
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Resolution No. 19-54 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day
of December, 2019, by the following vote:
COUNCILMEMBER AYES: Puckett, Bernstein, Clark, Cooper, Lumbard (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
—�
ERICA N. YASUDA,
City Clerk
Resolution 19-54
Page 6 of 6
EXHIBIT B
RESOLUTION NO. 19-54
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 19103 AND DESIGN REVIEW 2019-00009
GENERAL
(1) 1.1 The proposed project shall be in compliance with the Tustin Legacy Specific
Plan, Tustin City Code, and City of Tustin Guidelines and Standards and
conform with submitted plans for the project date stamped December 3,
2019 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.
(1) 1.2 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.
(1) 1.3 The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
-- within twelve (12) months. All time extensions may be considered by the
Community Development Director if a written request is received within thirty
(30) days prior to expiration date.
(1) 1.4 Approval of project is contingent upon the applicant returning to the
Community Development Department a notarized "Agreement to
Conditions Imposed" form and the property owner signing and recording
with the County Clerk -Recorder a notarized "Notice of Discretionary Permit
Approval and Conditions of Approval' form. The forms shall be established
by the Director of Community Development, and evidence of recordation
shall be provided to the Community Development Department.
(1) 1.5 The applicant shall comply with executed Development Agreement (DA)
2019-00001 and associated Disposition and Development Agreement
(DDA).
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Exhibit Resolution 19-54
Page 1 of 24
*** 1.6 This approval shall become null and void if the DDA for the project is not
approved and executed.
*** 1.7 Project entitlement shall not be effective until the associated DDA is
approved and executed.
FINAL TRACT MAP
(1) 2.1 Preparation and recordation of a final subdivision map shall be required.
(1), 2.2 Final Maps shall be based on a field survey in conformity with the
(5) Professional Land Surveyor's Act. The survey of the land to be subdivided
shall be made by a registered civil engineer authorized to practice land
surveying or licensed land surveyor. All monuments, property lines,
centerlines of streets, alleys and easements adjoining or within the
subdivision shall be tied into the survey. The allowable error of closure on
any portion of the final map shall not exceed 1/10,000 for field closures
and 1/20,000 for calculated closures.
At the time of making the survey for the final map, the engineer or surveyor
shall set sufficient durable monuments to conform with the standards
described in Section 8771 of the Business and Professions Code so that
another engineer or surveyor may readily retrace the survey. At least one
(1) exterior boundary line shall be monumented prior to recording the final
map.
(5) 2.3 The applicant shall satisfy dedication and/or reservation requirements as
applicable, including, but not limited to, dedication in Fee Title of all
required street rights-of-way; and dedication of vehicular access rights,
sewer easements, and water easements defined and approved as to
specific locations by the City Engineer (at no cost to the City) and/or other
agencies.
(1), 2.4 Prior to recordation of the final map, the applicant is required to execute
(5) a subdivision and monumentation agreement and furnish improvement
and monumentation bonds, all on forms acceptable to the City.
(1) 2.5 Prior to issuance of building permits, the applicant shall submit an 8'/2" x
11" street address map exhibit and an 8 % " x 11" meter address map
exhibit to the Public Works Department for review and approval. The
address map exhibit shall be in Portable Document Format (PDF) and
shall include the site plan, footprint of building(s) and streets.
(1) 2.6 Within twenty-four (24) months from tentative map approval, the
subdivider shall record with appropriate agencies, a final map prepared in
Exhibit Resolution 19-54
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accordance with subdivision requirements of the Tustin Legacy Specific
Plan, Tustin Municipal Code, the State Subdivision Map Act, and
applicable conditions contained herein unless an extension is granted
pursuant to the State Subdivision Map Act and the Tustin Municipal Code.
The Final Map shall be submitted at least ninety (90) days prior to the
expiration of the Tentative Map for review, processing, and recording prior
to the expiration of the Tentative Map. All conditions of approval herein, as
applicable, shall be satisfied prior to recordation of a final map or as
specified herein.
(1) 2.7 At the time of final map submittal, the applicant shall also submit two (2)
copies of an up-to-date title report generated within thirty (30) days of
submittal.
(1), 2.8 The applicant shall not oppose any future creation of a landscape and
(5) lighting district for maintenance within the public right-of-way or of public
parkland, or community facilities district for funding of Tustin Legacy
backbone infrastructure or municipal service provision to the project site,
or a future community facilities district for school purposes.
(1), 2.9 Applicant shall prepare irrevocable reciprocal access easements for
(5) emergency vehicle access and public services ingress and egress
purposes overthe private drives and driveways, at no cost to the City, and
shall be recorded concurrently with the final map.
(1), 2.10 Applicant shall release and relinquish to the City of Tustin all vehicular
(5) access rights along Airship Avenue, Flight Way, Street "B", "C", "D", "E",
and "H", except at approved access locations and street intersections, at
no cost to the City, on the Map.
(1), 2.11 Applicant shall dedicate a perpetual easement at no cost to the City for
(5) the benefit of the City and the public providing public access in, on, over,
and across the Publicly Assessible Common Area as described in the
Development Agreement.
BUILDING PLAN SUBMITTAL
(1), 3.1 At the time of building permit application, the plans shall comply with the
(3) latest edition of the California Residential Code, California Building Code,
California Mechanical Code, California Electrical Code, California
Plumbing Code, California Green Code, California Energy Code, City
Ordinances, State, Federal laws, and regulations as adopted by the City
Council of the City of Tustin.
Exhibit Resolution 19-54
Page 3 of 24
(1), 3.2 All private on-site design and construction of improvement work shall be
(5) designed and performed in accordance with the applicable portions of the
City of Tustin's "Grading Manual" and "Construction Standards for Private
Streets, Storm Drain and On -Site Private Improvements," except as
otherwise approved by the Building Official. Said plans shall include, but
not be limited to, the following:
a. Curbs and gutters on all streets;
b. Sidewalks on all streets, including curb ramps for the physically
disabled; all sidewalks, pathways, paseos, and trails shall comply
with the provisions of the American with Disabilities Act;
c. Drive aprons;
d. Signing/striping plan;
e. Street lighting;
f. Street and drive aisle paving; all private streets, drive aisles, and
curb return radius shall be consistent with the City's design
standards for private street improvements, unless otherwise
approved by the Building Official, and all roadway and driveway
widths and parking area widths (and lengths where appropriate)
shall be dimensioned on the plans;
g. Catch basin/storm drain laterals/connections to the public storm
drain system with approval of the City of Tustin;
h. Domestic water facilities and reclaimed water facilities: The
domestic water system shall be designed and installed to the
standards of the Irvine Ranch Water District. Improvement plans
shall also be reviewed and approved by the Orange County Fire
Authority for fire protection purposes. The adequacy and reliability
of the water system design and the distribution of fire hydrants will
be evaluated. The water distribution system and appurtenances
shall also conform to the applicable laws and adopted regulations
enforced by the Orange County Health Department. Any required
reclaimed water system shall meet the standards as required by
the Irvine Ranch Water District (IRWD);
i. Sanitary sewer facilities: All sanitary sewer facilities must be
submitted as required by the Building Official and IRWD. These
facilities shall be consistent with the standards of the Irvine Ranch
Water District;
Exhibit Resolution 19-54
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j. Underground utility connections: All utility lines shall be placed
underground by the developer;
k. Fire hydrants;
I. Telecommunications facilities including, but not limited to,
telephone and cable television facilities. Developer is required to
coordinate design and construction of cable television facilities with
a City -franchised system operator and shall not place an undue
burden upon said operator for the provision of these facilities.
m. The applicant shall be responsible for connection of the project to
new backbone utility systems. The applicant shall provide
applicable easements for any new utilities on private property.
*** 3.3 Developer may connect to the City -constructed sanitary sewer system
before final approval and acceptance of the system by IRWD once the
system is tested and deemed acceptable for connection by IRWD. To do
this Developer must install a manhole upstream of the sewer lateral
provided by the City, place a bulkhead/plug on the downstream side of
the manhole and use the manhole as a wet well. The sewer must then
be pumped and discharged to the closest IRWD-maintained sewer
facility. The bulkhead only allows for the model homes to be built. Prior
to any model occupancy releases, IRWD requires the bulkhead to be
removed which requires the sanitary sewer system to be finaled and
accepted by IRWD.
(5) 3.4 Storage area shall be provided within each unit (enclosed) in the amount
of 50 SF minimum for storage facilities. Total square footage shall be
identified on plans for each unit at plan check submittal.
*** 3.5 Maximum building setbacks may be increased if approved by the
Community Development Director and shown on the approved project
plans.
*** 3.6 Internal circulation shall be evaluated throughout the project site for sight
visibility, subject to review and approval of the Building Official. Addition
of stop signs with stop bars, mirrors, or similar devices may be required
to meet sight visibility requirements.
*** 3.7 Developer shall provide an Employee Parking Plan in conjunction with
construction phasing plan(s) to the Community Development Department
for review and approval.
Exhibit Resolution 19-54
Page 5 of 24
(1), 3.8 The applicant shall provide accessible routes, per CBC 2016 chapter 11 B-
(3) 206, at site arrival points and within the site, as amended to reflect latest
edition of CBC adopted by the City of Tustin.
(3) 3.9 Maximum area of exterior wall openings shall be based on CBC table
705.8 based on fire separation distance.
(3) 3.10 New construction shall comply with California Green Building, sections
4.206.4.1 and 4.106.4.2 to facilitate future installation and use of EV
chargers. Electrical Vehicle Supply Equipment (EVSE) shall be installed
in accordance with California Electrical Code, Article 625. For each
dwelling unit install a listed raceway to accommodate a 208/240 V branch
circuit. In addition, 3 percent of the total guest parking spaces but not less
than one shall be EV spaces capable of supporting future EVSE.
(3) 3.11 The buildings shall comply with California Energy Code, section 110. 10,
Mandatory Requirements for Solar Ready Buildings.
(5) 3.12 Adequate infrastructure to support buildout of the project, construction of
all public infrastructure, in -tract private drives, and utility systems shall be
constructed within the initial phases of development and in accordance
with the approved phasing plan.
(1), 3.13 Prior to the issuance of building permits, the applicant shall submit for
(5) review and approval a photometric lighting plan showing compliance with
the Tustin Security Code, which is:
a. A maintained minimum one (1) foot-candle of light on the private
drives and parking surfaces.
b. A maintained minimum of one-quarter (0.25) foot-candle of light on
the walking surfaces.
*** 3.14 The lighting plan shall be overlaid onto a tree plan to ensure coverage.
(1), 3.15 At plancheck submittal, the applicant shall show that the project is in
(5) compliance with TCC Section 8104(r) regarding "Emergency responder
radio coverage," as amended in Ordinance No. 1475. Prior to issuance
of the Certificate of Occupancy, the applicant/developer shall provide
evidence that the project is in compliance with TCC Section 8104(r), as
amended.
(1), 3.16 At plan check submittal, a complete hydrology study and hydraulic
(5) calculations shall be submitted to the City for review and approval.
Exhibit Resolution 19-54
Page 6 of 24
(1), 3.17 The applicant shall provide a Geotechnical Report, Pavement Analysis,
(5) and Design Report for all required Tustin Legacy Backbone Infrastructure,
Local Infrastructure and Private Infrastructure improvements required in
the Tentative Tract Map.
DESIGN AND ARCHITECTURE
(4) 4.1 At building plan check, building elevations visible from public streets shall
have enhanced elevations consistent with the approved DR 2019-00009
in terms of color and material, architectural articulation and architectural
projections, etc. to the satisfaction of the Community Development
Department.
(1) 4.2 All exterior colors, textures and materials shall be consistent with the
approved Design Review. Specifications on colors, materials, and
textures shall be noted in construction plans and subject to review and
approval by the Community Development Department.
*** 4.3 Final material samples and colors shall be provided at plan check
submittal.
(1), 4.4 All mechanical and electrical fixtures and equipment, including roof -top
(4) 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 and screened by adequate landscaping or other effective
screening devices.
(1) 4.5 Walls shall be a maximum of three (3) feet within front yard setback and
a maximum of three (3) feet six (6) inches within front yard area measured
from property line to building face along all public streets and along the
Promenade (Alley Grove).
(4) 4.6 Roof drains and downspouts shall be directed towards internal drive aisles
and be minimally visible from the public streets.
*** 4.7 The applicant shall submit a master sign plan for City review and approval.
The master sign plan shall incorporate a design theme compatible with
the building architecture and Tustin Legacy branding, and include
directional and wayfinding signs.
(1), 4.8 Signage monumentation, if any, identifying the residential community tract
(5) shall include the words "At Tustin Legacy" for continuity of the Tustin
Exhibit Resolution 19-54
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Legacy branding, as applicable.
(1) 4.9 Signage shall be installed under separate permit and approval.
LANDSCAPE/HARDSCAPE
(6) 5.1 At plan check, the applicant shall provide 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:
a. Include a summary table identifying plant materials. The plant table
shall list botanical and common names, sizes, spacing, location, and
quantity of the plant materials proposed.
b. 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.
c. Show all property lines on the landscaping and irrigation plans, public
right-of-way areas, sidewalk widths, parkway areas, and wall
locations.
d. Shrubs should be a minimum of five (5) gallon size and be placed a
maximum of five (5) feet on center. Other sizes and spacing may be
permitted subject to approval of the Community Development
Department.
e. Ground cover shall be planted eight (8) to twelve (12) inches on
center, or as approved by the Community Development Department.
Equipment areas shall be screened with walls, vines, and/or trees,
subject to review and approval of the Community Development
Department.
g. Landscape adjacent to the single family detached units, shall be
designed to have layers in vegetation height to effectively screen the
5 foot 6 inch high privacy walls.
h. 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.
(1) 5.2 The Community Development Department may request minor
substitutions of plant materials or request additional sizing or quantity of
Exhibit Resolution 19-54
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materials during plan check.
(5) 5.3 The landscape plans shall note that coverage of landscaping and
irrigation materials is subject to inspection at project completion by the
Community Development Department.
(4) 5.4 Landscape layering of varying heights shall be provided in front of the
proposed 5 foot 6 inch high stucco walls for the Single -Family Detached
homes, subject to the review and approval of the Community
Development Department.
(1), 5.5 Turf is unacceptable for grades over 25 percent. A combination of planting
(6) materials shall be used. On large areas, ground cover alone is not
acceptable.
(1), 5.6 All plant materials shall be installed in a healthy vigorous condition typical
(6) 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.
(1) 5.7 Landscape adjacent to the right-of-way shall be in compliance with the
requirements of Tustin Legacy Specific Plan.
(6) 5.8 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.
(1), 5.9 The project shall comply with the City's Water Efficient Landscape
(5) Ordinance and any Executive Orders issued from the Governor of the
State of California pertaining to water conservation and irrigation
methods.
(1), 5.10 Backflow devices and double detector checks shall be painted to match
(4) surrounding landscaping when in planters or painted to match the building
when located adjacent to. Landscaping shall be utilized to screen the
devices where possible.
ORANGE COUNTY FIRE AUTHORITY (OCFA)
(5) 6.1 Prior to OCFA clearance of a final map, the applicant shall:
a. Submit a Fire Master Plan for OCFA review and approval. (Service
Code PR145)
Exhibit Resolution 19-54
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b. Submit a Final Tract Map for OCFA review and approval. (Service
Code PR115)
c. Submit temporary fire access plans for OCFA review and approval if
phasing fire access during construction. (Service Code PR150)
(5) 6.2 Prior to issuance of a building permit, the applicant shall:
a. Submit plans for gates if not included in the fire master plan. (Service
Code PR180)
b. Submit plans for fire service underground if NFPA 24 system is
installed. (Service Code PR470)
c. Submit architectural plans for OCFA review and approval. (Service
Code PR264-268)
(5) 6.3 Prior to concealing interior construction, the applicant shall obtain OCFA
approval for the fire sprinkler system. (Service Code PR400-PR406)
(5) 6.4 Prior to concealing interior construction, the applicant shall obtain OCFA
approval for the fire alarm and sprinkler monitoring. (Service Code
PR500-PR520)
(5) 6.5 Prior to issuance of temporary or final certificate of occupancy, all OCFA
inspections shall be completed to the satisfaction of the OCFA inspector
and be in substantial compliance with codes and standards applicable to
the project and commensurate with the type of occupancy (temporary or
final) requested. Inspections shall be scheduled at least five days in
advance by calling OCFA Inspection Scheduling at (714) 573-6150.
(5) 6.6 After installation of required fire access roadways and hydrants, the
applicant shall request and receive clearance from the OCFA prior to
bringing combustible building materials on-site. Call OCFA Inspection
Scheduling at (714) 573-6150 with the Service Request number of the
approved fire master plan at least five (5) days in advance to schedule the
lumber drop inspection.
USE RESTRICTIONS
*** 7.1 The project shall include 400 units including: 117 single family detached,
129 tri-plex townhomes, 154 flats and townhome units, a private
community recreation facility, and open space areas that are privately
owned but accessible to the public as depicted in the approved site plan.
Exhibit Resolution 19-54
Page 10 of 24
*** 7.2 Power receptacles shall be provided at the community facility including
the swimming pool and barbeque areas.
(4), 7.3 All parking spaces within the project site shall be maintained as shown on
*** the approved "Site Plan". Any changes to the number, location, or size of
parking spaces shall be reviewed and approved by the Director of
Community Development. A Parking Enforcement Policy shall be
established and enforced by the Home Owners Association.
*** 7.4 There shall be a minimum seventy (70) unassigned surface parking spaces
within the development to satisfy parking requirements for the seventy (70)
metro flats units designed with tandem garage spaces. These unassigned
surface parking spaces shall be permanently maintained at the
development site.
*** 7.5 There shall be a minimum fourteen (14) assigned surface parking spaces
within the development to satisfy parking requirements for the fourteen (14)
metro flats units designed with an extended one -car garage space. These
assigned surface parking spaces shall be permanently maintained at the
development site. Assignment shall be addressed in Parking
Management Plan, subject to review and approval by the Community
Development Department.
*** 7.6 Individual trash bin service may be provided on the site. Trash bins shall
be placed only in the locations identified on the approved "Trash Pick-up
Plan" after 7:00 a.m. on the regularly scheduled trash collection day and
shall be removed by 7:00 p.m. on the same day.
(1) 7.7 Any outdoor storage during grading or building stages shall be approved
by the Community Development Director.
(1) 7.8 Unless otherwise agreed by the City in its sole discretion, the property
within the tract or any street or sidewalk or drive (alleyway) thereon shall
not be privately gated; provided however, that any swimming pool and/or
spa facility within the community facility area and any private indoor
common area improvement, including any clubhouse and bathrooms,
may be gated or locked and made available solely to residents of the
Project and their guests.
Exhibit Resolution 19-54
Page 11 of 24
(5) 7.9 Design and construction of all on-site and off-site developer required
public infrastructure and in -tract private streets and utility systems shall
be constructed within the initial phase of development in accordance with
the approved Phasing Plan. Model units may be constructed prior to
completion of infrastructure if adequate ingress and egress is provided to
the satisfaction of the Building Official and Orange County Fire Authority.
NOISE
(1) 8.1 At plan check, an updated noise analysis shall be provided to ensure
compliance with the Tustin Noise standards.
*** 8.2 In accordance with the noise analysis, all units shall be constructed with
appropriate sound attenuation to achieve the minimum noise level
standards pursuant to the City's Noise standards. Prior to issuance of
Certificate of Occupancy, the units shall by analyzed and certified for
compliance with the City's Noise standards.
WATER QUALITY MANAGEMENT PLAN
(1), 9.1 This development shall comply with all applicable provisions of the City of
(5) Tustin Water Quality Ordinance and all Federal, State and Regional Water
Quality Control Board rules and regulations.
(1) 9.2 Prior to issuance of any permits, the applicant shall submit for approval
by the Community Development and Public Works Departments, a Final
Water Quality Management Plan (WQMP). The Priority WQMP shall
identify: the implementation of Best Management Practices (BMPs), the
assignment of long-term maintenance responsibilities (specifying the
developer, parcel owner, maintenance association, lessees, etc.), and
reference to the location(s) of structural BMPs.
(1) 9.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of
$2,700.00 to the Public Works Department for the estimated cost of
reviewing the WQMP.
(1) 9.4 Prior to issuance of any permits, except a rough grading permit, the
applicant shall record a "Covenant and Agreement Regarding Operation
and Maintenance (O & M) Plan to Fund and Maintain Water Quality BMPs,
Consent to Inspect and Indemnification. This document shall bind current
and future owner(s) of the property regarding implementation and
maintenance of the structural and non-structural BMPs as specified in the
approved WQMP.
(1) 9.5 Developer shall design and construct the water quality treatment facility
along Flight Way on Lot A of the Developer Map to accept and treat
stormwater runoff from the public City streets as identified in the Water
Exhibit Resolution 19-54
Page 12 of 24
Quality Management Plan (WQMP) BMP Drainage Management Area.
An irrevocable offer of dedication in fee over the Water Treatment area to
the benefit of the City shall be dedicated on the Developer Map.
(1) 9.6 Prior to issuance of a Grading Permit, 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.
PUBLIC BENEFITS IMPROVEMENTS
*** 10.1 Prior to approval of the Final Map, the developer shall design sidewalk,
parkway landscape and irrigation system adjacent to the project site along
Airship Avenue, Flight Way, Street "B", "C", "D", "E", and "H". The Street
"D" sidewalk adjacent to the Project shall extend to the corner of Tustin
Ranch Road. Developer shall also design and construct landscape and
irrigation improvements within the street bulb -out planters adjacent to the
Project along the aforementioned streets as shown/required in
Development Agreement 2019-00001. The construction of sidewalks,
Publicly Accessible Common Area Improvements, parkway and street
bulb -out planters, and landscape and irrigation system shall be completed
in accordance with the Schedule of Performance in the DDA.
*** 10.2 Developer shall design and construct public sidewalks along both sides
of Flight Way from Armstrong Avenue to Street "B;" and, the southside of
Airship Avenue from Armstrong Avenue to Street "B".
*** 10.3 Developer shall perform the maintenance, repair, and replacement of the
landscaping described within the Boundary Landscape Area exhibit and
the Publicly Accessible Common Area exhibit as shown/required in
Development Agreement 2019-00001.
*** 10.4 Developer shall construct the Publicly Accessible Common Area
Improvements depicted in Development Agreement 2019-00001.
*** 10.5 Developer shall rough grade the City Streets Grading Area depicted in
Development Agreement 2019-00001.
*** 10.6 Developer shall rough grade the Promenade (Alley Grove) located on Lot
1 of the City Map (TTM No. 18197) and depicted in Development
Agreement 2019-00001.
*** 10.7 Developer shall provide a detailed landscape improvement exhibit in
conjunction with the Landscape and Water Treatment Installation and
Maintenance Agreement.
Exhibit Resolution 19-54
Page 13 of 24
PUBLIC STREET IMPROVEMENTS
(1) 11.1 Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained from and applicable fees paid to the Public Works
Department.
(1) 11.2 Prior to issuance of an Encroachment Permit for construction within the
public right-of-way, a 24" x 36" construction area traffic control plan, as
prepared by a California Registered Traffic Engineer, or Civil Engineer
experienced in this type of plan preparation, shall be prepared and
submitted to the Public Works Department for approval.
(1) 11.3 Any damage done to existing public street improvements and/or utilities
shall be repaired to the satisfaction of the City Engineer before
acceptance of the tract and/or issuance of a Certificate of Occupancy for
the development on any parcel within the subdivision.
(1) 11.4 Current Federal Americans with Disabilities Act (ADA) requirements shall
be met at all driveways and sidewalks adjacent to the site. City of Tustin
standards shall apply, unless otherwise approved by the City Engineer.
(1) 11.5 Developer shall enter into a Landscape Installation and Maintenance
Agreement with the City of Tustin for the construction, maintenance,
repair, and replacement of the landscaping described in the Development
Agreement for the maintenance of parkway improvements within public
rights-of-way adjacent to the project along Airship Avenue, Flight Way,
Street "B", "C", "D", "E", and "H". A detailed parkway improvement exhibit
shall be provided for the agreement.
(1) 11.6 CADD Requirements - In addition to the normal full-size map and plan
submittal, all final maps and plans including, but not limited to, tract maps,
parcel maps, right-of-way maps, records of survey, public works
improvements, private infrastructure improvements, final grading plans,
and site plans shall be submitted to the Public Works Department in
computer aided design and drafting (CADD) format to the satisfaction of
the City Engineer. The standard file format is AutoCAD Release 2009, or
latest version, having the extension" DWG". All layering and linetype
conventions are AutoCAD -based (latest version available upon request
from the Public Works Department). The CADD files shall be submitted
to the City at the time plans are approved, and updated CADD files
reflecting "as built" conditions shall be submitted once all construction has
been completed. No project bonds will be released until acceptable "as
built" CADD files have been submitted to the City.
ENVIRONMENTAL
Exhibit Resolution 19-54
Page 14 of 24
(1), 12.1 The developer shall comply with all mitigation measures related to the
(5) project that are required by the Mitigation Monitoring Program for the
Tustin Legacy Specific Plan (MCAS Tustin) area, identified in this exhibit
and in other related 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.
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 shall review the
proposed traffic control and operations plans with any affected
jurisdiction.
e. 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 fifteen (15) miles per hour.
f. The developer shall coordinate with the Tustin Police Department to
ensure adequate security provisions are implemented.
Exhibit Resolution 19-54
Page 15 of 24
g. Prior to the issuance of permits for any public improvements or
development project, a development applicant shall submit to the
City of Tustin information from IRWD which outlines required facilities
necessary to provide adequate potable water and reclaimed water
service to the development.
h. Prior to the issuance of permits for any public improvements or
development project, a development applicant shall submit to the
City of Tustin and City of Irvine, as applicable, information from IRWD
or the City of Tustin which outlines required facilities necessary to
provide adequate sanitary sewage service to the development.
COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES
(5) 13.1 Developer shall obtain permission from and coordinate with affected
property owners, jurisdictions, and resource agencies for all public and
private improvements, including, but not limited to, the following:
a. Prior to any work in the public right-of-way, an Encroachment Permit
shall be obtained and applicable fees paid to the Public Works
Department.
b. The applicant shall obtain written approval and/or permits from the
applicable utility companies, including but not limited to Southern
California Edison, The Gas Company, Irvine Ranch Water District
(IRWD), AT&T, Cox Communications, Time Warner, etc.
c. The applicant shall coordinate the design and construction of all
utilities with the utility providers and the City.
*** 13.2 At plan check submittal, the developer shall coordinate with the Tustin
Police Department to ensure that adequate security precautions such as
visibility, lighting, emergency access, and address signage are
implemented. Prior to the issuance of building permits, the applicant shall
submit to the police department for review and approval, a wayfinding plan
for the project site.
SOLID WASTE RECYCLING
(1) 14.1 Construction and Demolition Waste Recycling and Reduction Plan
(WRRP)
a. The applicant/contractor is required to submit a WRRP to the
Public Works Department. The WRRP must indicate how the
applicant will comply with the City's requirement (City Code
Section 4351, et al) to recycle at least 65 percent of the project
Exhibit Resolution 19-54
Page 16 of 24
waste material or the amount required by the California Green
Building Standards Code.
b. The applicant will be required to submit a $50.00 application fee
and a cash security deposit. All projects shall submit a security
deposit in the amount of 5 percent of the project's valuation as
determined by the Building Official, rounded to the nearest
thousand. The minimum deposit amount shall be $500.00 and
the maximum deposit amount shall be $2,500.00.
(1) 14.2 Facility Solid Waste Collection and Recycling Plan.
a. The applicant, property owner, and/or tenant(s) are required to
participate in the City's recycling program.
b. Waste and Recycling collection facilities shall be equally and
readily accessible by the property owner(s) or tenant(s).
c. Waste and Recycling collection facilities must be placed in a
location that can be easily and safely accessed by the solid
waste hauler while utilizing either front loader or side loading
equipment.
d. All trash enclosures shall be designed with roof and be able to
accommodate at least three (3) bins, with at least one (1) bin
reserved for recyclable materials and one (1) bin reserved
organic waste. Space for a container for organics is also
required as described in Section 14.2f below.
e. Prior to the approval of a site plan or the issuance of a building
permit, the Public Works Department shall review and approve
the number of trash enclosures required to service the project
site.
f. All developments are required to provide space for the collection
of organic materials. Organics are collected in a minimum of 35 -
gallon wheeled carts for the single-family units and/or units that
function as single family units and a minimum of 65 -gallon
wheeled carts are required for areas where collection containers
are shared by multiple units. The size of the organics container
will be dependent upon the use and size of the building. Where
collection containers are shared, organics can be collected six
(6) days per week to minimize the space required for a container.
COVENANTS, CONDITIONS, AND RESTRICTIONS
(1), 15.1 All organizational documents for the project including any covenants,
Exhibit Resolution 19-54
Page 17 of 24
(5) conditions, and restrictions (CC&Rs) shall be submitted to and approved
by the Community Development Department, City Attorney's Office, and
Special Counsel. Costs for such review shall be borne by the subdivider.
The approved CC&Rs shall be recorded with County Recorder's Office
prior to issuance of the first certificate of occupancy. A copy of the final
documents shall be submitted to the Community Development Department
within five (5) days after recordation.
(1), 15.2 No Certificate of Occupancy shall be issued, unless a homeowners
(5) association has been legally formed with the right to assess all these
properties which are jointly owned or benefited to operate and maintain all
other mutually available features of the development including, but not
limited to, open space, amenities, landscaping, or slope maintenance
landscaping, private streets, and utilities. No dwelling unit shall close
escrow unless all approved and required open space, amenities,
landscaping, or other improvements, or approved phases thereof, have
been completed or completion is assured by a development agreement or
financing guarantee method approved by the City. The CC&Rs shall
include, but not be limited to, the following provisions:
a. The City shall be included as a party to the CC&Rs for enforcement
purposes of those CC&R provisions in which the City has interest as
reflected in the following provisions. However, the City shall not be
obligated to enforce the CC&Rs.
b. The requirement that association bylaws be established.
c. Provisions for effective establishment, operation, management, use,
repair, and maintenance of all common areas and facilities,
landscaped areas and lots, walls and fences, private roadways (i.e.,
walks, sidewalks, trails), common recreation facilities, and open
space areas.
d. Membership in the homeowners association shall be inseparable
from ownership in individual units.
e. Architectural controls shall be provided and may include, but not be
limited to, provisions regulating exterior finishes, roof materials,
fences and walls, accessory structures such as patios, sunshades,
trellises, gazebos, awnings, exterior mechanical equipment,
television and radio antenna, consistent with the Tustin City Code
and the Tustin Legacy Specific Plan.
f. Maintenance standards shall be provided for applicable items listed
in Section C above in CC&Rs. Examples of maintenance standards
are shown below.
Exhibit Resolution 19-54
Page 18 of 24
1. All common area landscaping and private areas visible from any
public way shall be properly maintained such that they are evenly
cut, evenly edged, free of bare or brown spots, debris, and
weeds. All trees and shrubs shall be trimmed so they do not
impede vehicular or pedestrian traffic. Trees shall be pruned so
they do not intrude into neighboring properties and shall be
maintained so they do not have droppings or create other
nuisances to neighboring properties. All trees shall also be root
pruned to eliminate exposed surface roots and damage to
sidewalks, driveways, and structures.
2. All private roadways, sidewalks, and open space areas shall be
maintained so that they are safe for users. Significant pavement
cracks, pavement distress, excessive slab settlement, abrupt
vertical variations, and debris on travel ways should be removed
or repaired promptly.
3. Common areas, private patios, balconies and decks shall be
maintained in such a manner as to avoid the reasonable
determination of a duly authorized official of the City that a public
nuisance has been created by the absence of adequate
maintenance such as to be detrimental to public health, safety, or
general welfare.
g. Homeowners Association approval of exterior improvements
requiring a building permit shall be obtained prior to requesting a
building permit from the City of Tustin Community Development
Department. All plans for exterior improvements shall conform to
requirements set forth by the City and the CC&Rs.
h. Private open space areas within the common area shall be illustrated
on a "Private Open Space Exhibit" and shall be made part of the
CC&Rs and shall specify those portions of the common open space
area that are allocated for private use and public use and access
rights in perpetuity.
i. A site plan showing the public portion of the open space and
associated public easements that will be accessible to the public and
provisions for maintenance of these areas by the Homeowners
Association.
j. The approved "Parking and Circulation Exhibit" shall be made part of
the CC&Rs and shall be enforced by the homeowners association.
Exhibit Resolution 19-54
Page 19 of 24
In addition to the exhibit, provisions regarding parking shall be
included in the CC&Rs, including the following:
All units are required to maintain a two -car garage, less those
established with a one -car garage where a one -car garage shall
be maintained.
2. A minimum of 156 open parking spaces shall be made
permanently available. Of the 156 spaces, a minimum of
seventy-two (72) unassigned guest parking spaces shall be
permanently maintained in locations shown on the "Parking and
Circulation Exhibit". A minimum of seventy (70) unassigned
surface parking spaces shall be permanently allocated to the flats
units with tandem garage spaces and a minimum of fourteen (14)
assigned surface parking spaces shall be permanently allocated
to the flats units with single car garages. The head -in (90 degree)
parking spaces shall have minimum dimensions of 9 feet wide
and 19 feet long.
3. Residents shall not store or park any non -motorized vehicles,
trailers or motorized vehicles that exceed 7 feet high, 7 feet wide,
and 19 feet long in any parking space, driveway, or private street
area except for the purpose of loading, unloading, making
deliveries or emergency repairs except that the homeowners
association may adopt rules and regulations to authorize
exceptions.
4. Residents shall park vehicles in garage spaces. Storage of
personal items may occur in the garages only to the extent that
vehicles may still be parked within the required garage spaces.
5. The homeowners association shall be responsible for monitoring
and enforcing all parking and traffic regulations on private drives.
The proposed CC&Rs shall include provisions requiring the
association to develop and adopt an enforcement program for
parking and traffic regulations within the development which may
include measures for fire access and enforcement by a private
security company.
k. Provisions for enforcing individual trash bin placement at designated
curb areas as shown on the approved "Trash Pick-up Plan" no earlier
than 7:00 a.m. on the day regularly scheduled collection day and
removed by 7:00 p.m. on the same day.
Exhibit Resolution 19-54
Page 20 of 24
Maintenance of lettered and numbered Lots containing all common
areas, public and private open space, streets, alleys, paseos, etc.,
shall be by the homeowners association.
m. Television and radio antennas shall be installed in accordance with
the requirements of the Tustin City Code.
n. All utility services serving the site shall be installed and maintained
underground.
o. The homeowners association shall be required to file the names,
addresses, and telephone numbers of at least one member of the
homeowners association Board and, where applicable, a manager
of the project before January 1 st of each year with the City of Tustin
Community Development Department for the purpose of contacting
the association in the case of emergency or in those cases where
the City has an interest in CC&R violations.
p. The homeowners association shall be responsible for establishing
and following procedures for providing access to public utilities for
maintenance of their facilities within the project area, subject to those
agencies' approval.
q. No amendment to alter, modify, terminate, or change the
homeowners association's obligation to maintain the common areas
and the project perimeter wall or other CC&R provisions in which the
City has an interest, as noted above, or to alter, modify, terminate, or
change the City's right to enforce maintenance of the common areas
and maintenance of the project perimeter wall, shall be permitted
without the prior written approval of the City of Tustin Community
Development Department.
HOMEBUYER NOTIFICATION
(5) 16.1 Prior to recordation of the final map, the subdivider shall submit to the
Community Development Department for review and approval a
homebuyer notification document that includes the notifications listed
below. The notification document shall be signed by each homebuyer prior
to final inspection and/or occupancy, and a copy of the signed notification
shall be provided to the Community Development Department prior to final
inspection and/or issuance of each Certificate of Occupancy.
a. A notice for roadway, trail, and train noise that may impact the
subdivision, including roadway noise associated Tustin Ranch Road.
The notice shall indicate that additional building upgrades may be
necessary for noise attenuation. This determination is to be made as
Exhibit Resolution 19-54
Page 21 of 24
architectural drawings become available and/or where field-testing
determines inadequate noise insulation.
b. A notice, to be reviewed by the City of Tustin, Tustin Unified School
District and the Santa Ana Unified School District, regarding the
location of existing and proposed elementary, middle, and high
schools which will serve the subdivision (text and map) and advice
to homebuyers that proposed school sites may never be constructed.
c. A notice regarding units that are adjacent to aboveground utilities or
structures (such as light standards, fire hydrants, transformers)
identifying the type of structure and their locations.
d. A notice indicating that any use of a residence for a business shall
be subject to the City's Home Occupation Ordinance and may
require zoning clearance and a business license.
e. A notice indicating that public use of portions of the common open
space will be allowed and noting public ingress and egress through
the subdivision will be provided for access to the common open
space.
A notice explaining the easements, facilities, amenities, and
dedications that will be provided on lettered lots and indicating all on-
site drives, paseos, and common areas are to be maintained by the
homeowners association.
g. A notice, to be approved by the City Attorney, indicating that neither
the site, nor the project nor any part thereof any private drive or
sidewalk, alleyway, or paseo thereon shall be privately gated,
provided however that any swimming pool and/or spa facility within
the private common area, and any private indoor common area
improvements, including any bathrooms, may be gated or locked and
made available solely to residents of the project and their guests.
h. A notice stating trash bins shall be placed in designated curb areas
as shown on the approved "Trash Pick-up Plan" after 7:00 a.m. on
the regularly scheduled trash collection day and shall be removed by
7:00 p.m. on the same day.
i. A notice indicating that surrounding properties may be developed in
accordance with City ordinances in a manner which may partially or
totally obstruct views from the owner's unit and that the City of Tustin
Exhibit Resolution 19-54
Page 22 of 24
makes no claim, warranty, or guarantee that views from any unit will
be preserved as development of surrounding properties occurs.
A notice indicating the minimum building setbacks and that
construction of patio covers, trellises, fences and walls, etc. may not
be allowed.
k. A notice explaining and providing a copy of the approved "Parking
Plan" and related CC&R provisions.
I. A notice explaining the phasing of construction within the subdivision
and that activity may be disruptive.
m. The developer shall notify all homebuyers that future
Assessment/Maintenance Districts may affect the property.
n. A notice stating that walls shall be a maximum of three (3) feet within
front yard setback and a maximum of three (3) feet six (6) inches
within front yard area along all public streets and along the
Promenade (Alley Grove).
o. A notice stating that common area landscaping installation and
maintenance is an ongoing effort and that multiple factors may
influence the appearance and perceived health of the plants.
p. A notice for potential aircraft noise that may impact the subdivision.
q. A notice stating the location and operation of a waste/recycling
facility within the vicinity, in the adjacent City of Irvine, and odors may
be perceptible.
(5) 16.2 For residential units that are not sold at the time the Certificate of
Occupancy is issued, the developer shall submit to the City a copy of the
signed homebuyer notification within ten (10) business days of the
homebuyer having signed the document.
FEES
(1) 17.1 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 fifty dollars ($50.00)
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
Exhibit Resolution 19-54
Page 23 of 24
Environmental Quality Act could be significantly lengthened.
(1), 17.2 Prior to issuance of each permit, payment shall be made of all applicable
(5) fees, including but not limited to, the following.
a. Building plan check and permit fees to the Community Development
Department.
b. Engineering plan check and permit fees to the Public Works
Department.
c. Orange County Fire Authority plan check and inspection fees to the
Community Development Department.
d. Prior to issuance of a Building Permit(s), payment of the most current
Major Thoroughfare and Bridge Fees (for the Foothill/Eastern
Transportation Corridor Agency (TCA)) to the City of Tustin (through
the Public Works Department) shall be required. The fee rate
schedule automatically increases on July 1 st of each year.
e. Water and sewer connection fees to the Irvine Ranch Water District.
f. For permits issued prior to January 1, 2020, Transportation System
Improvement Program (TSIP), Benefit Area "B" fees in the amount of
$3.31 per square foot or the most recent rate of new or added gross
square floor area of construction or improvements to the Community
Development Department.
g. New development tax fee in the amount of $350.00 per unit.
h. School facilities fee in the amount as required by Tustin Unified School
District and the Santa Ana Unified School District.
i. Other applicable Tustin Legacy Backbone Infrastructure Program fees.
Payment shall be required based upon the most current rates in effect at the
time of payment and/or permit issuance and are subject to change.
Exhibit Resolution 19-54
Page 24 of 24