Loading...
HomeMy WebLinkAboutPC RES 3632]0 20 24 26 RESOLUTION NO. 3632 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP NO. 15681 TO SUBDIVIDE A 71.8 ACRE SITE INTO 114 NUMBERED LOTS AND 34 LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 114 SINGLE FAMILY DETACHED RESIDENTIAL UNITS ON LOTS 9 AND 10 OF TRACT 13627 GENERALLY LOCATED WESTERLY OF THE INTERSECTION OF PIONEER ROAD AND PATRIOT WAY The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Vesting Tentative Tract Map No. 15681 was submitted to the Planning Commission by Brookfield Homes for consideration; B. That a public hearing was duly called, noticed and held for said map on November 23, 1998, by the Planning Commission; C. That Environmental Impact Report 85-2, as modified by supplements and addenda, for the East Tustin Specific Plan, has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project; P. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement as amended and Subdivision Map Act as it pertains to the development of single-family dwellings; e. The 1.4364 acres of parkland required for this development was previously dedicated with recordation of Tract 13627; F. That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, for the impact of Vesting Tentative Tract 15681 on School District facilities, and changes in state law. The impacts associated with this approval on School District Facilities are adequately addressed; G. That the site is physically suitable for the type of development proposed; H. That the site is physically suitable for the proposed density of development; 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; , ]4 20 '"7 Resolution No. 3632 Page 2 J, That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision; Ko That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; Lo The proposed project has been reviewed for conformity with the provisions of the Orange County Congestion Management Program, and it has been determined that the additional traffic generated by the proposed project onto the CMP Highway System does not cause the system to exceed established level of service standards; and, Mo' The proposed project has been reviewed for conformity with the provisions of Measure M/Growth Management Program, and it has been determined that the estimated project generated traffic does not cause the roadway system to exceed established level of service standards. No That the project has been reviewed for consistency with the Air Quality Sub- Element of the City of Tustin General plan and has been determined, or conditioned, to be consistent with the Air Quality Sub-Element. il. The Planning Commission hereby recommends that the City Council approve Vesting Tentative Tract Map No. 15681 to subdivide a 71.8 acre site into 114 numbered lots and 34 lettered lots for the purpose of developing 114 single family detached residential units on Lots 9 and 10 'of Tract 13627 generally located westedy of the intersection of Pioneer Road and Patriot Way, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of th,,e~ Tustin, Plan~g Commission on the 23rd day of November, 1998. ~" LESLIE PONTi~DUS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary , held Resolution No. 3632 Page 3 STATE OF CALIFORNIA ) COUNTYOF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3632 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of November, 1998. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBITA VESTING TENTATIVE TRACT MAP 15681 RESOLUTION NO. 3632 CONDITIONS OF APPROVAL (1) (1) (1) (1) GENERAL 1.1 1.2 The subdivider shall comply with all conditions of Tentative Tract 13627 as they pertain to this project and Resolution No. 3633 (Design Review 98-012 and Hillside Review 98-002). 1.3 VVithin 24 months from tentative map approval, the Subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9321.H of the Tustin Municipal Code. 1.4 Prior to release of building permits, all conditions of approval of Design Review 98-012 and Hillside Review 98-002 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3633 and incorporated herein by reference. However, the applicant will be permitted to obtain building permits for model home 'construction prior to approval of a final map provided approvals have been obtained from the Community Development, Public Works and Fire Departments. The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and DevelopmentAgreement (and amendments thereto), and EIR 85-2. The cumulative number of residential units for which certificates of occupancy may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. SOURCE CODES (1) STANDARD CONDITION (:2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY ~" EXCEPTION Exhibit A- Resolution No. 3632 V-Fi- 15681 Page 2 (1) 1.6 (1) 1.7 (1) 1.8 The subdivider shall be required to execute Subdivision/Monumentation Agreements and provide improvement/monumentation bonds to the City prior to recordation of the final map. Prior to final map approval, the subdivider shall submit: A. A current title report; Bo A duplicate mylar of the Final Map, or 8 1/2" X 11" transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance; and The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. (1) (1) PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS 2.1 As required by Exhibit A of Resolution No. 3633, plans shall comply with the most current applicable codes, City Ordinances and the state and federal laws and regulations including, but not limited to, the following: · 1994 Uniform Building Code with California Amendments · 1994 Uniform Mechanical Code with California Amendments · 1994 Uniform Plumbing Code with California Amendments · 1993 National Electrical Code with California Amendments · T-24 California Disabled Access Regulations · T-24 California Energy Efficiency Standards · City of Tustin Grading Ordinance · City of Tustin Landscape and Irrigation Guidelines · City of Tustin Private lmprovementStandards · City ofTustin Secudty Ordinance 2.2 A lighting plan shall be submitted for review and approval by the Community Development and Public Works Departments. Street lighting shall not exceed 200 foot spacing unless lighting engineering is provided which justifies longer distances. Cul-de-sac streets and drives more than 100 feet in length shall require lighting. Exhibit A- Resolution No. 3632 V'Ff 15681 Page 3 (1) 2.3 (1) 2.4 (1) 2.5 (1) 2.6 (1) 2.7 (~) 2.8 Details for the storm drain inlet at the high side of the driveway on the Modified Street Section with 52-foot right-of-way and 36-foot travel way shall be provided and shall be subject to review and approval 'by the Community Development Department. Drainage from natural and engineered slopes shall be collected prior to entering building pads and shall be carried to the nearest storm drain, if the drainage device discharges onto natural ground, rip-rap or similar energy dissipater is required. All sidewalk intersections require a ramp according to City Standards no. 124, 124A or 124B. A final Parking Exhibit shall be submitted for review and approval by the Community Development Department identifying precise locations of on- street guest parking. The exhibit shall also identify locations where vehicle sight distances are obstructed and red curbing shall be provided. A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to the following: Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Signing/striping plan; Street paving; Catch basins/storm drain laterals/connection to existing storm drain system; Domestic water facilities; Reclaimed water facilities; Sanitary sewer facilities; Underground utility connections; and, In addition, a 24" x 36' reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. Exhibit A- Resolution No. 3632 VTT 1'5681 Page 4 (1) 2.9 2. o (1) 2.11 (1) 2.12 Preparation of plans for and construction of: Ao All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per the standards of the Irvine Ranch Water District and/or Orange County Sanitation District No. 7, whichever is applicable at the time of plan preparation. Bo A domestic water system must be designed and installed to the standards of the Irvine Ranch Water District or City of Tustin Water Operations, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required r~claimed water system shall meet the standards as required by the lrvine Ranch Water District. A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. The developer may be required to execute a drainage agreement with the City to accept drainage from the public right-of-way which will flow onto the private streets and into the private storm drain system. This drainage agreement must be recorded prior to, or concurrently with recordation of the final map. Construction of catch basins, storm drain laterals and junction structures at "1" Street/Pioneer Road and "A" Street/Pioneer Road will be required to eliminate the need for cross gutters. · Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: · Final street elevations at key locations. · Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of. 1.0 foot above base flood elevation as defined by FEMA. ,, All flood hazards of record. Exhibit A - Resolution No. 3632 V-FF 15681 Page 5 (1) 2.14 (1) 2.15 (1) 2.16 (1) 2.17 (1) 2.18 (1) 2.19 (1) 2.20 Exi.sting sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized whenever possible. Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. Landscape maintenance of Lot(s) AA, BB, CC, DD, EE, and FF shall be the responsibility of the Homeowner's Association. The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies. The developer shall be obligated to disclose to potential buyers potential liens/assessments against the subdivided properties as follows: · Reassessment District 95-2 · City of Tustin Landscape and Lighting District In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. Exhibit A- Resolution No. 3632 VTT 15681 Page 6 The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. (1) 2.21 The subdivider shall execute a subdivision/monumentation agreement and furnish improvement/monumentation bonds as required by the City Engineer prior to recordation of the final map. (1) 2.22 This development shall be phased so that all construction access will be taken ti]rough "1" Street and/or "A" Street. No temporary access locations will be permitted.. DEDICATIONS/RESERVATIONS/EASEMENTS (2) 3.1 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other agencies. (1)(5) 3.2 Landscape maintenance of all lettered lots shall be the responsibility of the Homeowner's Association. The City of Tustin will not be responsible for maintenance of private streets,, storm drains, street lights, landscaping, irrigation, slopes or perimeter walls. 3.3 ']-he developer may be required to execute a drainage agreement with the City to accept drainage from the public right-of-way which flows onto the private streets and into the private storm drain system. This drainage agreement must be recorded prior to, or concurrently with, recordation of the final map. 3.4 Prior to the issuance of any building permits, the applicant shall record a "Declaration of Use Restrictions" for Plan 2 models to prevent the detached portion of the home fi'om being used as a second unit. The applicant shall submit a deed restriction for review and approval by the City Attorney and Community Development prior to recordation. 3.5 Prior to the issuance of any building permits, the applicant shall record a "Declaration of Use Restrictions" for common and private lots. identified in Zones A-D of the approved Fuel Modification & Fire Access Plan. The Exhibit A - Resolution No. 3632 VTT 15681 Page 7 applicant shall submit a deed restriction for review and approval by the City Attorney and the Community Development Department prior to recordation. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 4.1 (1) (5) (1) Prior to recordation of the final map, subdivider shall post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City appearance of public streets, an additional incremental deposit will be required. 4.2. Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. 4.3 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. GRADING (1) 5.1 (2) (5) Prior to issuance of grading permits~. Ao A detailed soils engineering report shall be submitted to and approved by the Building .Official conforming to the requirements of the Uniform Building Code, City grading requirements, and all other applicable state and local laws, regulations and requirements. The' applicant shall submit a grading plan subject to approval by the Department of Community Development delineating the following information: , Methods of drainage in accordance with' all applicable City standards. , Recommendations submitted and approved by a geotechnical or soils engineer. 1 Compliance with conceptual grading shown on tentative tract map. Exhibit A - Resolution No. 3632 V-I-F 15681 Page8 o o o o o . A drainage plan and necessary support documents, such as hydrology calculations, to comply with the following requirements: ao Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rainfall which may be expected from all storms up to and including the theoretical 100/500 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow and ponding. C. Provision of drainage facilities to protect the lots from any high velocity scouring action. d. Provision for tributary drainage from adjoining properties. Ail flood hazard areas of record. .- Final street elevations at key locations. Both horizontal and vertical intersection sight lines shall be shown on both the grading plan and landscape plan in compliance with OCEMA Standard No. 1117 for the interior streets. Ali landscaping within the limited use areas shall comply with OCEMA Standard No. 1117. Final pad/finished floor elevations and key elevation for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the 'site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. Exhibit A - Resolution No. 3632 V-FT 15681 Page 9 (1)(3) ,5.2 (1) 5.3 (1)(5) 5.4 10. A note shall be placed on the plans that a qualified paleontologist/archaeologist, as appropriate shall be present during rough grading operations. If resources are found, they shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archaeologist subject to review and approval by the Departments of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/archaeologist shall attend the pre-grade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. C, The applicant shall prepare a sedimentation and erosion control plan for all construction work related to the subject tract including a method of control to prevent dust and windblown earth problems. Said plan shall be reviewed and approved by the Community Development Department. Do Submittal of a construction traffic routing plan for review and approval by the Director of Public Works. Bo The applicant shall prepare hydrology and hydraulic calculations for this subject tract. Said plan shall be reviewed and approved by the Public Works Department and Community Development Department/Building Division. All earthwork shall be performed in accordance with the Tustin City Code and Tustin Grading Manual. Prior to the issuance of a rough grading permit for Tract 15681, the applicant shall execute a Slope Repair Agreement, consistent with Section 11.0 of the City's Grading Manual and subject to the review and approval of the City Attorney and Community Development Department. Said Agreement shall cover all manufactured slopes equal to or greater than five feet in vertical height and having an average slope at or steeper than four feet horizontal to one foot vertical. Prior to the recordation of a final map, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (VVQMP) that identifies the application and incorporation of those routine structural and non-structural Best Management Practices (BMPs) and detailing implementation of the BMPs not dependent on specific land uses. I 1 - · Exhibit A - Resolution No. 3632 V-FI- 15681 Page 10 (1)(2) 5.5 Prior to issuance of grading, grubbing and clearing or. paving permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Storm water Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this has been obtained shall be submitted to the Building Official. (1) 5.6 Construction phasing shall occur in a logical and sequential pattern and as identified on the approved phasing schedule. The Community Development Director may make minor modifications to the phasing schedule provided that such modifications result in orderly and sequential development, minimizing construction impacts to the greatest extent possible on the occupied portion of the development and surrounding properties. FIRE AUTHORITY (5) 6.1 'Water Improvement Plans - Prior to the recordation of a subdivision map, the subdivider shall submit water improvement plans to the Fire Chief for review and approval to ensure that adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Fire Chief. (5) 6.2 Fire Hydrants - Prior to the recordation of any subdivision map or the issuance of any building permits, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (5) 6.3 Automatic Fire Extinguishing Systems - Prior to the recordation of a subdivision map, a note shall be placed on the map stating that ali R-3 structures greater than 5,500 square feet or structures out of Fire Department access of 150 feet shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. (5) 6.4 Fire Access - Prior to tl~.e recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief for all fire protection access easements and shall dedicate them to the City. The CC&Rs shall contain Exhibit A - Resolution No. 3632 V-I-T 15681 Page 11 (5) $.$ (5) 6.6 (5) 6.7 (5) 6,8 provisions which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes in within said easement. The gradient for.Fire Department access roads shall not exceed 10 percent. This may be increased to a maximum of 15 percent when all structures served by the access road are protected by automatic fire sprinkler systems. Fire Hazard Notification A. Prior to the recordation of a subdivision map, the subdivider shall place a note on the map meeting the approval of the Fire Chief that the property is in a (high/very high) fire hazard area due to wildland exposure. Bo Prior to the recordation of any final tract map, the subdivider shall place a note on the map meeting the approval of the Fire Chief that the property is in a Special Fire Protection Area and must meet all requirements for development within the area or file for an exclusion with the Fire Chief. C. Prior to the issuance of any building permits, the applicant shall meet all requirements for development and construction within a Special Fire Protection Area, including street widths, Class A roof assemblies, fire sprinklers, etc. Street Plans - Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or pdvate, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. Access Gates ~ Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approval of the construction details for any access gate. Contact the Orange County Fire Authority Plan Review Section at (714) 744-0403 for a copy of the "Guidelines for Fire Authority Emergency Access". Combustible Construction Letter - Prior to the issuance of any building · permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water or fire fighting Exhibit A - Resolution No. 3632 V-FT 15681 Page 12 (5) 6.9 (5) 6. o (5) (5) purposes and an all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site. Water Availability- Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. Fire Sprinkler System - Prior to the issuance of any building permits on those lot(s) determined applicable by th& Fire Chief, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy. Architectural Plan - Prior to approval of a site development/use permit, or the issuance of a building permit, whichever occurs first, the applicant shall submit plans for the review and approval of the Fire Chief. The _applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for .the Fire Safety Site/Architectural Notes to be placed on the plans. Fire Hydrant Markers - Prior to the issuance of any certificates of use and occupancy, ali fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the .Fire Chief. On private property these markers are to be maintained in good condition by the property owner. NOISE (1) 7,1 (2) (3) Prior to the issuance of any building permits: A. A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise' standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expe[t or authority in the field of acoustics. Exhibit A - Resolution No. 3632 V'f-F 15681 Page 13 (1-3) 7.2 (1) 7.3 (1) 7.4 Bo All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. Due to the project's close proximity to the Browning Corridor, said study shall provide information on single event noise measurements as generated by helicopter flyovers for information purposes only. Prior to issuance of any certificates of use or occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. All construction operations, including staging and/or delivery of equipment and materials and engine warm up, shall be subject to the provisions of the City of Tustin Noise Ordinance, and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturdays, unless otherwise determined by the Building Official. Construction hours, shall be clearly posted on the site to the satisfaction of the Building Official. (1) COVENANTS, CONDITIONS, AND RESTRICTIONS 8.1 Prior to approval of the final map, all organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the 'subdivider. A copy of the final documents shall be submitted to the Community Development Department after recordation. CC&Rs shall include but not be limited to the following provisions: Ao 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 es~.ablished. C. Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including the avocado orchard, landscaped areas and lots, walls and fences, private roadways, and trails. The provisions for the avocado orchard shall specify that only iow intensity farming operations shall be I I · Exhibit A - Resolution No. 3632 VTT 15681 Page 14 Do Eo F, allowed. Use restrictions shall be designed to protect the residential quality of the development and shall include, but not be limited to, the following: 1) No equipment and/or vehicles shall be stored overnight on-site; 2) No equipment staging shall occur on private streets or drives; 3) No helicopter spraying shall be allowed; and, 4) Only integrated pest management or non-hazardous pest control measures will be used to control pests. Membership in any Homeowners' Association shall be inseparable from ownership in individual lots. Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below: , All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris and weeds. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighbor- 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 side-walks, driveways and structures. 2, All private roadways, sidewalks and trails 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. In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property may also be added as alternative language. Exhibit A - Resolution No. 3632 V-lq' 15681 Page 15 Go Ho Homeowners' Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking or driveway area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowners' Association may adopt rules and regulations to authorize exceptions. The Homeowners' Association is responsible for monitoring and enforcing any and all parking and traffic regulations on private streets and drives. The project CC&Rs shall include provisions to require the Association, to develop and enact an enforcement program related to enforcement of parking and traffic regulations within the pdvate development. Said program may include provisions for levying fines, collecting fines and enforce-enforcement/monitoring by pdvate security companies/persons. To ensure the proper use of parking space within the subdivision, CC&Rs shall include the following acknowledgments and restrictions, which shall also be signed as a separate notification/ acknowledgment, by each new homeowner in the subdivision: , All on-street parking spab, es are designated as guest parking; individual owners shall have no right to use guest spaces for any vehicle. 2. Individual owners shall park vehicles in garage spaces. , Individual owner understands that the subdivision has strict parking regulations that will be enforced by the Homeowners' Association. , Individual property owners shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be able to be parked within the required garage spaces. Prior to implementation of such a program, copies of the approved HOA program shall be forwarded to the City of Tustin Police Department and Community Development Department for review and approval. The Police Department and Community Development Department shall also be provided with any amendments or modifications to the program. All parking regulations shall be enforced at time of final occupancy of any phase of the project. Exhibit A- Resolution No. 3632 V'I'T 15681 Page 16 Jo K. Lo MI O. A minimum of 342 parking spaces shall be permanently maintained at a rate of three, enclosed garage spaces per dwelling unit. An additional minimum of 228 unassigned guest spaces shall also be permanently provided on the private streets where vehicle sight distances are not obstructed in accordance with an approved Parking Exhibit. Red curbing shall be maintained in "No Parking" areas identified by the approved Parking Exhibit. Individual units shall not have separate external television and radio antennas except as otherwise provided by law. Either a central antenna shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be prewired and served by an underground cable antenna service provided by a company licensed to provide such service within the city. All utility services serving the site shall be installed and maintained· underground. The Association shall be required to file the name, address, and telephone number of at least one member of the Association Board and where applicable, a Manager of the project, before January 1st of each year with the City of Tustin Community Development Department, for the purpose of contacting the Association in case of emergency or in those cases where the City.has an interest in CC&R violations. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. In addition, the CC&Rs shall advise homeowners that MCAS, El Toro is scheduled for closure by the Department of Defense. Future uses of the base are not known with certainty at this time; however, on December 12, 1996, the Orange County Board of Supervisors endorsed a proposal to convert the facility to an international commercial civilian airport. Disclosure information related to agricultural operations on Lots W and V, as approved by the City of Tustin Community Development Department. The CC&R's shall advise homeowners that an avocado orchard will be located on Lots W and V and will be operated by a commercial entity. Information related to specific activities, including, but not limited to, daily operations, irrigation, weeding/pruning, pest control, and harvesting shall be provided. Disclosure information related to potential fire hazards and fuel modification requirements on pdvate and common lots, as approved by the City of Tustin Community Development Department. The CC&Rs shall advise homeowners of potential fire hazards associated with adjoining, open space areas and shall provide specific requirements and restrictions for Zones A-D of the approved Fuel Modification & Fire Access Plan. Exhibit A - Resolution No. 3632 VTT 15681 Page 17 Qo R. S. T. U, V. Wo No amendment to alter, modify, terminate or change the Homeowners' Association's obligation to maintain the common areas and the project perimeter walls (including such walls located on private property) 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. This shall not preclude the Homeowner's Association from assessing charges to individual property owners for structural damage to such walls. Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the public utility easement be.hind the private street right-of-way. VVhere such facilities are located on private property within the utility easement, notification shall be given to those owners as to the locations, types and quantities of all facilities as they relates to their specific property. Maintenance of all slopes and drainage devices on numbered lots shall be the responsibility of the individual property owners, with the exception of the rear yard easements on Lots 4-10 which shall be maintained by the Homeowners' Association. The CC&Rs shall include specific standards for the maintenance of slopes and drainage devices. Pursuant to Section 5.4 of the City Grading Manual, all proposed and future structures will be subject to setback · requirements for footings on or adjacent to slopes. Maintenance of all lettered lots, with the exception of Lots "GG" and "HH" which shall be maintained by the City of Tustin, shall be provided by the Homeowner's Association. Disclosure to all future homeowners and purchasers of property that surrounding properties may be developed or altered consistent with City ordinances in a manner which may partially or totally obstruct views from the owner's unit, and that the City of Tustin makes no claim, warranty or guarantee that views from any unit will be preserved as development of surrounding properties occurs. Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement. All streets within this development are private and shall be maintained by the Homeowners Association. Should, at any time in the future, the Homeowners Association request that the City accept the streets as public streets, the Homeowners Association shall be responsible for modifying all streets to meet the then most current public street standards~ Exhibit A - Resolution No. 3632 VTT 15681 Page 18 HOME BUYER NOTIFICATION (1) 9.1 Prior to issuance of Certificate of Occupancy the applicant shall prepare the following notices: A. The developer shall provide the City with a document separate from the deed shall be prepared Which will be an information notice to future home buyers of aircraft noise impacting the subdivision. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. B. The developer shall provide the City with disclosure information related to future aircraft noise that may impact the subdivision, as approved by the City of Tustin Community Development Department. The 'notice shall advise homeowners that MCAS, El Toro is scheduled for closure by the Department of Defense. Future uses of the base are not known with certainty at this time; however, on December 12, 1996, the Orange County Board of Supervisors endorsed a proposal to convert the facility to an international commercial civilian airport. B. The developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district Which shall indicate: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). (2) Advice to home buyers that proposed school sites may never be constructed. C. The developer shall provide the City with a statement which must be signed by each home buyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. In addition, the notice shall provide information related to agricultural operations on Lots W and V, including, but not limited to, daily operations, irrigation, weeding/pruning, pest control, and harvesting. D. The developer shall provide the City with an information notice to future homeowners of lots that have above ground utilities or structures (such as light standards and fire hydrants)located within a public utility easement identifying the type of structure and their locations. E. 'i'he developer shall provide the City with a statement which must be signed by each future homeowner that contains a comprehensive description of potential fire hazards associated with adjoining open Exhibit A - Resolution No. 3632 V'FF 15681 Page 19 (1) 9.2 space areas. In addition, those lots within or adjacent to Zones A-D shall be advised of on-going maintenance requirements and restrictions of the approved Fuel Modification & Fire Access Plan. It is the Subdivider's obligation to notify all potential buyers of subdivided lots of all liens and assessments against the subdivided properties including, but not necessarily limited to, the following: A. Reassessment District 95-2. B. City of Tustin Landscape and Lighting District. C. That the project is located within a Mello Roos District. (1) FEES . 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. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and 'inspection fees to the Community Development Department based upon the most current schedule. Co New development fees in the amount of $350 per' unit to the Community Development Department. d, Major thoroughfare and bridge fees in the amount of $2,670 per unit to the Tustin Public Works Department. e, School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. f. Water and sewer connection fees to'the irvine Ranch Water District. Prior to recordation of any final map, payment shall, be made of all applicable Reassessment District No. 95-2 reapportionment costs as required by the City Engineer. Reapportionment of acreage assessment to individual subdivided lot assessment. Exhibit A - Resolution No. 3632 VTT 15681 Page 20 (1) 3. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the.Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty eight dollars) 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. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the. Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars) pursuant to Fish and Game Code 711.4. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.