HomeMy WebLinkAboutCC RES 85-06810
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RESOLUTION NO. 85-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, APPROVING TENTATIVE TRACT MAP NO.
12345
The City Council of the city of Tustin does hereby resolve'
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'The City Council finds and determines as follows'
A®
That Tentative Tract Map No. 12345 · was submitted to the City
Council by Monica Florian on behalf of The Irvine Company for
the purpose of creating a 27 lot (8 numbered, and 19 lettered)
subdivision from a portion of lots 21, 22, 27, 28 of Block 44 of
Irvine's subdivision as shown filed in Book 1, page 88 of
Miscellaneous Record Maps, in the office of the County Recorder
of said Orange County, California.
Be
That a public hearing was duly called, noticed and held for said
map.
C ·
That an Environmental Impact Report has been
conformance wi th the requirements of the
Environmental Quality Act for the subject project,
certified by the adoption of Resolution No. 2223.
prepared in
California
and has been
De
The proposed subdivision is in conformance
ordinances, policies and standards of the
evidenced by the fol 1 owing fi ndings'
with applicable
city of Tustin,
1. That the proposed map is 'consistent with the Tustin Area
General Plan.
2~
That a Development Plan wi th Planned Community Zoning
regulations has been adopted for this project, and this map
is in conformance with the Plan and regulations.
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That the site is physically suitable for the type of
development.
That the site is physically suitable for the proposed
density of development.
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That an ordinance requiring
parks i$ in conformance With
Tustin Area General Plan.
the dedication of land for
the Recreation Element of the
E ·
That pursuant to state law, Tustin Unified School District was
forwarded Tentative Tract No. 12345 to seek the District's
determination of school facility need based upon projected
student popul ati on.-
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Resolution No.
pa ge two
8-5-68
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The Tustin Unified School District requests conditioning of
Tentative Tract No. 12345 causing the subdivider to provide said
district with both interim classroom-facilities for the Tustin
High School campus and payment of fees to refurbish the Utt
Intermediate School prior to recordation of a final map or
creation of a building parcel.
That Tract No. 12345 may create conditions of overcrowding
within the Tustin Unified School District attendance area, but
such finding by the District Board of Trustees has not been
"supported by clear and convincing evidence" in the District's
Resolution No. 01-02-85 pursuant to Government Code Section
65971. Should documented evidence be submitted by the District
supporting their fi ndings i n Resol uti on No. 01-02-85,
specifically attributable to Tract No. 12345, the developer
shall be responsible for mitigating overcrowding conditions by
providing interim classrooms and related facilities pursuant to
Government Code Section 65974 at such time development occurs.
Until such time, the Tustin Unified School District should
continue to examine available options as granted by state law
and outlined in Final EIR 84-3. The applicant/developer {The
Irvine Company) shall assist and work wi th the School District
in evaluating these options, and submit a report to the Planning
Commission within 30 days of approval of this tentative tract
outl i ni ng leas i bl e mi ti ga ti on measures for documented
overcrowding within the Tustin Unified School District
attendance area.
That under the School Facilities law,
65970 et. seq. developer fees are
conditions of immediate overcrowding
after all other reasonable methods of
overcrowding have been evaluated and
District which has not yet been done.
Government Code Section
limited to mi ti ga ting
and can only be imposed
mi ti gating condi ti ons of
found infeasible by the
That under the School Facilities law, residential projects can
only be conditioned upon the payment of a specific fee amount
reasonably related and limited to the need for schools caused by
the project, and fees collected can only be used for temporary
facilities {maximum of five years} whereas the District's
request is not so limited.
That approval and recordation of Tract No. 12345 is not the
final discretionary approval for this project. Additional maps
will be required prior to construction of single family detached
and attached homes, and as a result adequate opportunities exist
for the district to explore all reasonable methods and funding
sources for mitigating the impacts of this project on the
Di stri ct school system.
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Resolution No. 85-68
page three
II.
The City Council hereby approves Tentative Tract Map
subject to conditions outl i ned in Exhibit ,"A" and made a
Resolution.
No. 12345,
part of this
PASSED AND
15th day
ADOPTED at a regular meeting of the Tustin City
of July 15, 1985.
Council on the
Attest'
FRANK H. GR~INKE, ......
Mayor
Mary '"E.--)~r~'n, ~
City Cle~J~
EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 12345
Approval of Tentative Tract Map
conditions. These conditions shall
if not otherwise determined b~ C it7
No. 12345 is subject to the following
be satisfied prior to final map recordation
staff to be satisfied after map recordation'
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Provision for landscape maintenance and ownership of Lots A through S,
with the exception of Lot G, H, and 8, which will be maintained by the
city, to be the responsibil i ty of the adjoi ni ng homeowners' associati OhS,
if not included within a lighting/landscape maintenance district. The
city shall be responsible for Lots G, H. and 8 only until the Browning
Avenue overpass proposal is fi nali zed.
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Landscape maintenance responsibility for those areas within the public
right-of-way between the curb and meandering sidewalks shall not become
the responsibility of the' City, except Lots G and H. These areas shall be
included within the maintenance of adjoining lots A through S, excepting
Lots G and H, shall be for ultimate maintenance by a homeowners'
association or lighting/landscape maintenance district. The city shall be
responsible for Lots G and H only until the Browning Avenue overpass is
finalized.
3~
Control data shall be
tract boulndar7 with
improvements'
established to adequately delineate the southerly
respect to right-of-way needs for the following
Santa Ana freeway, widening.
Jamboree Road interchange.
Collector distributor roads
connection.
for future Eastern Corridor/I-5
The typical section (G-G) on the map indicates a distance of 230 + feet
from freeway centerline to tract boundary. The scaled distances ~n the
plan view section of the map reflects a range of 175 + ft. to 215 + ft.
The preliminary freeway geometrics delinete a need for-a scaled distance
of 175 + feet maximum for the proposed freeway widening and a northbound
on-ramp for the Jamboree Road interchange.
These needs shall be clarified at the earliest feasible
recordation. This clarification will also be
determination of the Laguna Road alignment/location.
date prior to map
needed for the
Dedication of adequate right-of-way shall be provided on Lots 3 and 4 to
accommodate the greatest extent of right-of-way requirements for the
Jamboree Road/Interstate 5 interchange as determined by the City
Engineer. Building Permits will not be issued for any structure on Lot 4
and the southern portion of Lot 3 as determined by the Community
Development Director and City Engineer-, until such time the ultimate
right-of-way needs have been determined. Any decrease in area for Lots 3
and 4 from that shown on the tentative map will result in an equalivalent
decrease in the number of dwelling units.
Community Development Department
~ m ) m ..... I .... m ~ k ' ~=" i mi .... I_ I i Ill ~ .~ I i._.'l I'
Conditions of Approval
Ten~a%ive Tr~c~ No. 12345
pa ge two
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e
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Preparation and submittal
fol 1 owing i nformati on'
of a final grading plan delineating the
a®
ce
0
Final street elevations at key locations.
Final pad/finish floor elevations and key elevations for all site
grading. All final pad elevations to be a minimum of 1.0 ft. above
the base flood elevation as defined by FEMA.
Location and elevations of all flood protection berms related to
Tract No. 12345.
All flood hazard areas of record.
Preparation of a sedimentation and
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construction work related to Tract No.
erosion control plan for all
12345.
Provi sion for mai ntenance
associated landscaping
homeowners' association,
the city of Tustin, wi th
the final map..
and ownership of the flood protection berms and
to be the responsibility of the adjoining
lighting/landscape maintenance district and/or
said determination to be made prior to recording
Provision for irrevocable easements for the required
protection berms in.favor of the adjoining Association
Tustin, with said determination to be made prior to
map.
term of all flood
and/or the city of
recording the final
Annexation of land
lighting district to
said system.
within this
provi de for
development into an
on-goi ng mai ntenance
appropriate street
and energy cost of
Preparation of plans for and construction of full improvements for all
streets within the boundary of said tract map. These improvements shall
include the widening of the easterly half of Browning Avenue, the
southerly half of Bryan Avenue to its ultimate alignment and all required
transitions, and Streets A and B. Improvements will include, but not be
limited to, the following as determined by the City Engineer'
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k.
Curb and gutter/cross gutters
Sidewalk
Drive aprons
Street paving
Street signing and striping
Landscapi-ng/faci 1 i ti es
Sanitary sewer servi ce faci 1 i ti es
Domestic water servi ce faci 1 i ti es
Recl aimed water servi ce fa ci 1 i ti es
Gas, electric, telephone, cable t.v. facilities
Traffic signal facilities - Laguna Rd./Jamboree Rd. - 25% of cost
Bryan Ave. /Jamboree Rd. - 66 2/3 % cost
BrTan Ave./Browning Ave.- 50% of cost
Browning Ave./Laguna Rd.- 33 1/3%of cost
Community Development Department
Condi tions of Approval
Tentative Tract 12345
page three
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Existing perimeter streets, Browning Avenue and Bryan iAvenue,
slurry seal coated the full pavement width from curb face to
prior to restripi ng the widened street improvement.
shall be
curb face
Preparation of plans for and construction of all sanitary sewer f~cilities
as required by the City Engineer. These facilities shall include .a
gravity fl ow system pursuant to standards of the Irvine Ranch Water
Di stri ct.
Dedication of all required street and flood
defined by the City Engineer.
Placement of all above ground roadway
street lights and fire hydrants behind
are constructed adjacen~ to the curb.
control right-of-way as
appurtenances such as signing,
the sidewalk when said sidewalks
Preparation of plans for and construction of a domestic water system to
the standards of the Irvine Ranch Water District/City of Tustin Water
Service, whichever is applicable at the time of plan preparation. Any
required reclaimed water systems shall be constructed to the required
standards of the Irvine Ranch Water District.
Preparation of a hydrology and hydraulic study of the tributary area
impacting the proposed development. Preparation of plans for and
constructi.on of all storm drain facilities as required by the' City
Engineer and Caltrans. when applicable and pertaining to their' facilities.
Cash/surety deposit, if deemed necessary by the City
reconstruction of Street "B" at locations, adjacent
protection berming to return roadway interim profiles
when berms are no longer required for flood protection
Engineer, for the
to temporary flood
to long term grades
purposes.
Dedication of all vehicular access rights to Jamboree Road, Bryan Avenue
and Browning Avenue except at designated street openings. Dedication of
all vehicular access rights to Laguna Road, except at approved driveway
openings, as designated on the final development site plan subject to the
City Engineer' s approval.
Reservation as determined by the
for future Interstate 5 Santa Ana
City Engineer of adequate
freeway widening.
ri ght-of-way
Relocation of the sub-grade fuel line facility within this tract to
satisfaction of the City Engineer and the San Diego Pipeline Company.
21. Removal of the abandoned railroad right-of-way
boundary.
the
easement wi thin
the
tract
- Community Development Department
Conditions of Approval
Tentative Tract 12345
page four
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Payment of all required Orange County Sanitation District No. 7 sewer
connection fees that may be required as a result of 'the interim connection
to the District 7 facilities, at the time initial building permits are
issued.
Prior to the recordation of a final map for any portion of, or all of
the land delineated in Tentative Tract No. 12345, the subdivider shall
enter into an agreement wi th the cit7 of Tustin for participation in a fee
program (if adopted by the Tustin City Council) for implementation of the
Eastern/Foothill Transportation Corridor. Said agreement shall provide
that'
a. The fee shall not exceed that amount as established by the nine
participating agencies within the area of benefit.
b. Subdivider or Builder obligations toI pay fee would only
after the city establishes a fee progrmm but not prior to
of bui 1 ding permi ts.
commence
issuance
c. Subdivider or Builder obligations to pay fee woul'd cease
program were not established within three years of the
building permits or recordation of final tract map.
if the fee
issuance of
As detailed in the Final Environmental Impact Report No. 84-3, an earth
berm topped with a masonry wall shall be constructed along the Interstate
5 freeway right-of-way of Lots 3, 4, 5 and 7 where directly exposed to the
freeway as determined by city staff. The final cross section design,
height and construction materials shall be determined by an acoustical
engineer Subject to city Planning Commission approval prior to
construction of the buffer or issuance of any building permit on these
lots.
Pursuant to City Code, the new development tax shall be paid prior to
recordation of future builder subdivision maps on any individual Lot or at
bull ding permit issuance where 'a future subdivi sion map is not required.
Tract No. 12345 may. create conditions of overcrowding within the Tustin
Unified School District attendance area, but such finding by the District
Board of Trustees has not been "supported by clear and convincing
evidence" in the District's Resolution No. 01-02-85 pursuant to"Government
Code Section 65971. Should documented evidence be submitted by the
District supporting their findings in Resolution No. 01-02-85,
specifically attributable to Tract No. 12345, the developer shall be
responsible for mi ti ga ting overcrowding conditions by providing interim
Community Development Department
........ . ..... i_ i _ i LI.
f Conditions of Approval
Tentative Tract 12345
page fi ve
classrooms and related facilities pursuant to Government Code Section
65974 at such time development occurs. Until such time, the Tustin
Unified School District should continue to examine available options as
granted by state law and outlined in Final EIR 84-3. The
applicant/developer (The Irvine Company) shall assist and work with the
School District in evaluating these options, and submit a report to the
Planning Commission within 30 days of approval of this tentative tract
outlining feasible mitigation measures for documented overcrowding within
the Tustin Unified School District attendance area, which is attributable
to Phase I development
27.
Pursuant to the city's Parkland Dedication Ordinance, this tract shall
provide for the dedication of 8.8 acres of land and/or improvements for
park purposes. The proposed 4.25 acre park site shall be dedicated to the
city with the remaining 4.75 acre obligation satisfied through land
dedication elsewhere in the East Tustin Specific Plan area or offer of
dedication secured by separate agreement between the city and The I rvine
Company and/or an offer of dedication of land and improvements for private
recreational facilities within the tract. The distribution of the total
amount of acreage for this tract will follow l~he proportions established
in the city's Recreation Element between public community and
pti vate/publ i c nei ghborhood faci 1 i ti es.
The 4.25 acre park site in compliance with the Parkland Dedication
Ordinance shall be rough graded free of obvious rock of construction
by-product material with the following public improvements provided to the
satisfaction of the City' Engineer and Director of Community Services'
a~
Full street improvements along Laguna Road and Street B including
but not limited to curb, gutter, sidewalk, street lighting and
signing.
28.
be
Public utility laterals of a sufficient size including water,
electricity, sewer, storm drain, natural gas and telephone
communication shall be installed to the park site property line.
Development density shall be 'regulated by the adopted Planned Community
Zoning Regulations for Phase I Residential/East Tustin. The density
calculations provided on the subdivision map are for informational
purposes only and are superceded by the zone regulations.
29.
All applicable mitigation measures detailed in Final
incorporated as conditions of approval for Tract No.
tracts recorded within this project boundary.
EIR 84-3 are hereby
12345 and subsequent
30.
Prior to the issuance of a grading permit, a storm drain phasing plan that
addresses interim flood protection in the Browning Avenue area shall be
prepared by the' Irvine Company and reviewed and approved by the City
Engi neet.
Community Development Department
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, 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. 85-68 was duly and regularly introduced, passed and adopted at a
regular meeting ~Of the City Council held on the 15th day of July, 1985, by the
following vote:
AYES : COUNCILPERSONS: Edgar, Hoesterey, Kennedy
NOES : COUNCILPERSONS: Greinke, Saltarelli
ABSENT: COUNCILPERSONS: None
MARY E' WYN~ City Clerk
City of Tust-fn, California