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HomeMy WebLinkAboutPC RES 3552! RESOLUTION NO. 3552 !0 !! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP NO. 15420 LOCATED ON THE WEST SIDE OF TOWNSHIP DRIVE OPPOSITE CLEARY COURT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows- Ao That Vesting Tentative Tract Map No. 15420 was submitted to the Planning Commission by John Laing Homes for consideration; B . That a public hearing was duly called, noticed and held for said map on October 27, 1997 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; Do That the proposed'subdivision is in conformance-with the Tustin Area General Plan, adopted East Tustin Specific Plan, as amended by Zone Change 97-003, Development Agreement' as amended and Subdivision Map Act as it pertains to the development of single-family dwellings; E o The .9450 acres of parkland required for this development was previously dedicated with recordation of Tract 128'70; 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 15420 on School District facilities, and changes in state law. The impacts associated with this approval on School District Facilities are adequately addressed;. 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; I o 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; !0 12 13 15 16 17 18 19 2O 21 22 23 24 25 2~ 27 28 Resolution No. 3552 Page 2 J o That the design of the subdivision or the typ_e of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision; K. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; m o 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 (ELS); and, The proposed project has been reviewed for conformity with the provisions of Measure M/Growth Management Program, and it has been determined that the proposed project is exempt from the provisions of Measure "M" in that it has entitlement specified in a development agreement entered into in 1985, and 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. II. The Planning Commission hereby recommends that the City Council approve Vesting Tentative Tract Map No. 15420 located on the west side of Township Drive opposite Cleary Court, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 27th day of October, 1997. Chaa. rman ELIZABETH A. B~NS.~K~ --' - Planning Commission Secretary 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3552 Page 3 STATE OF CALIFORNIA ) COUNTY OF 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. 3552 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of October, 1997. Planning Commission Secretary EXHIBIT A VESTING TENTATIVE TRACT /~AP 15420 RESOLUTION NO. 3552 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The subdivider shall comply with all conditions of Tentative Tract 12870 as they pertain to this project. (1) 1.2 .Within 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) 1.3 Prior to release of building permits, all conditions of approval of Design Review 96-057 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3553 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. (1) 1.4 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 Development Agreement (and amendments thereto), and EIR 85-2. (1) 1.5 The cumulative number of residential units for which (2) 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. (5) 1.6 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. 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 ~o!u A Resolution No 3552 VTT 15420 Page 2 (1) 1.7 Prior to final map approval, the subdivider shall submit- A. A current title report; m o A duplicate mylar of the Final Map, or 8~" X !1" transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance; and C o A list of street names as approved by the City of Tustin Street Naming Committee. (1) 1.8 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. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (!) 2.1 Prior to recordation of a final map, the Subdivider shall (2) prepare plans for and construct or post security (3) guaranteeing construction of all public and/or private, (6) infrastructure improvements within the boundary of said tract map in conformance with applicable City tract map standards, including but not limited to the following: A, C. Curb and gutter Sidewalks, including curb ramps for the physically disabled Drive aprons Ail signing/striping modifications Street paving Street lights Catch basins/storm drain laterals/connection to existing storm drain system. 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. *** 2.2 Prior to the issuance of the first Certificate of Occupancy within Phase 6A (Model Complex), the developer shall complete the installation of all site improvements, perimeter walls and common area landscaping and receive final building inspection for all site improvements and landscaping located within Lots E, G, H & I. Exhibit A - Resolution No. 3552 VTT 15420 Page 3 (1) 2.3 The amount of acceptable security for construction of (5) public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building official. (1) 2.4 Ail changes in existing curbs, gutters, sidewalks and (5) other public improvements shall be the responsibility of subdivider. (1) 2.5 Preparation of plans for and construction of: (2) (5) A. 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 standards of the Irvine Ranch Water District. B. A domestic water system must be designed and installed to the standards of the Irvine Ranch Water District or City of Tustin Water Department, 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 reclaimed water systems shall meet the standards as required by the Irvine Ranch Water District. (!) 2.6 Proposed private streets shall be designed to the (5) following specifications: (6) A. 'All propo'sed streets and drives shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. Be Ail streets shall be constructed in accordance with City requirements in terms of type and quality of materials used where practical. Exhibit A - Resolution No. 3552 VTT 15420 Page 4 (1) 2.7 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized. (5) 2.8 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 acceptable formats shall be Integraph DGN or AutoCad DWG file format, but in no case less than DXF file format. The City of Tustin CADD conventions shall be followed in preparing plans in CADD, and these guidelines are available from the Engineering Division. 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 "as built" CADD files will be required prior to release of the subdivision bonds. (5) 2.9 The Subdivider shall submit two (2) copies of the Notice of Intent for the NPDES construction permit, as submitted to the State of California Water Resources Control Board (one copy to Community Development Department/Building Division and one to the Public Works Department/ Engineering Division). DEDICATIONS/RESERVATIONS/EASEMENTS (1) 3.1 The subdivider shall satisfy dedication and/or (2) 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) 3.2 Landscape maintenance of all lettered lots, shall be (5) .the responsibility of the Homeowners Association. The City of Tustin will not be responsible for maintenance of private streets, storm drains, street., lights, landscaping, irrigation, slopes or perimeter walls. Exhibit A - Resolution No. 3552 VTT 15420 Page 5 (1) 3.3 Additional right-of-way dedication will be required at (5) the intersection of Township Drive and Street "G" and shall extend from BCR/ECR on Street "G". Said dedication area shall be adequate for the construction of curb ramps per City Standard No. 124. *** 3.4 The lettered lots for private streets and common area 'landscaping may be further divided on'the final map to be consistent with the approved phasing plan for the project. Such division will be deemed in substantial conformance with respect to the final map. *** 3.5 Dedication of all required sanitary sewer easements to the Orange County Sanitation District will be required prior to or concurrently with the recordation of any Final Map. The final easement design and alignment of the 15-foot wide sewer easement traversing Lots 58-61 shall be subject to final approval of the Orange County Sanitation District and identified on the Final Map prior to recording. *** 3.6 A separate deed restriction shall be recorded on those lots that contain side entry garages with less than a 20- foot front yard setback clearly disclosing that the garages shall be constructed as non-habitable space and cannot be converted to habitable space, as defined by the Uniform Building 'Code. Said deed restriction shall be. reviewed and approved by the City Attorney and Community Development Department prior to recordation of any Final Map. *** 3.7 The access easement to Lot "0" through Lots 58-59 shall be revised consistent with Attachment E contained in the October 27, 1997 Planning Commission staff report, incorporated herein by reference and subject to final approval of the Community Development Department. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 4.1 Prior to recordation of the final map, subdivider shall (2) post with the Community Development Department a (5) 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. Exhibit A - Resolution No. 3552 VTT 15420 Page 6 (1) 4.2 Any damage done to existing street improvements and (5) 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. (1) 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 Prior to issuance of grading permits: (2) (5) A. 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. B. · 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. · Compliance with conceptual grading shown on tentative tract map. · A drainage plan and necessary support documents, such as hydrology calculations, to comply with the following requirements: a · 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. Exhibit A - Resolution No. 3552 VTT 15420 Page 7 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. 5. Ail flood hazard areas of record. 6. 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. All 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. Ail pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. 9. 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. .. 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 Exhibit A - Resolution No. 3552 VTT 15420 Page 8 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 o 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. D o Submittal of a construction traffic routing plan for review and approval by the Director of Public Works. E o 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. (1) 5.2 Ail earthwork shall be performed in accordance with the (3) Tustin City Code and Tustin Grading Manual. (1) 5.3 Prior to the. recordation of a final map, the applicant (3) shall submit for approval by th~ Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) 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. (1) 5.4 Prior to issuance of grading, grubbing and clearing or (5) 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. Exhibit A - Resolution No. 3552 VTT 15420 Page 9 (1) 5.5 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 develcDment, minimizing construction impacts to the -- greatest extent possible on the occupied portion of the development. -- 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 recorda5ion of a subdivision map, a note shall be placed on the map stating that all structures located on "Flag Lots" or Lots exceeding fire department access requirements 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 the 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&R's shall contain 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 easem~. Exhibit A - Resolution No. 3552 VTT 15420 Page 10 (5) 6.5 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 private, 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. Ail proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet or when other conditions require it. (5) 6.6 Street Markings Ao Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. B o Prior to the issuance of the cer'tificate of use and occupancy the approved fire lane marking plan shall be installed. The CC&R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (5) 6.7 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 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. (5) 6.8 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. Exhibit A - Resolution No. 3552 VTT 15420 Page 11 (5) 6.9 Fire Sprinkler System - Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief for those Lots which have been determined applicable by the Fire Chief. This system shall be operational prior to the issuance of a certificate of use and occupancy. (5) 6.10 Fire Hydrant Markers - Prior to the issuance of any certificates of use and occupancy, all 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 Prior to the issuance of any building permits: (2) (3) 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 expert or authority in the field of acoustics. Ail 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 mv_dence 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. B . 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. Exhibit A - Resolution No. 3552 VTT 15420 Page 12 (1) 7.2 Prior to issuance of any certificates of use or (2) occupancy, field testing in accordance with the Title 25 (3) regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (1) 7.3 Ail 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 otherwis'e determined by the Building Official. (!) 7.4 Construction hours shall be clearly posted on the site to the satisfaction of the Building Official. CC&R'S (1) 8.1 Prior to approval of the final map, all organizational (3) 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&R's shall include but not be limited to the following provisions: no The City shall be included as a party to the CC&R's 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&R's. B . The requirement established.. that association bylaws be C o Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences, private roadways, and paseos (i.e., walks, sidewalks, arbors). m . Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. Exhibit A - Resolution No. 3552 VTT 15420 Page 13 E o F o Architectural controls shall be provided and may include but not be limited to provisions regulating exterior ~inishes, 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&R's. Examples of maintenance standards are shown below: Ail 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. Ail 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. Ail trees shall also be root pruned to eliminate exposed surface roots and damage to side- walks, driveways and structures. ° Ail private roadways, sidewalks and paseos 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. o 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. 3552 VTT 15420 Page 14 G . H. I o Homeowner's As'sociation aooroval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. Ail plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. 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 courts. The project CC&R's shall include provisions to require the Association, to develop and enact an enforcement program related to enforcement of parking and traffic regulations within the private development. Said program may include provisions for levying fines, collecting fines and enforce- enforcement/monitoring by private security companies/persons. To ensure the proper .use of parking space within the subdivision, CC&R's shall include the following acknowledgements and restrictions, which shall also be signed as a separate notification/ acknowledgement, by each new homeowner in the subdivision: . Ail on-street parking spaces are designated as guest parking; individual owners shall have no right to use guest spaces ~or any vehicle. . Individual owners shall park vehicles in garage spaces. , Individual owner understands that the subdivision has strict parking regulations that will be enforced by the Homeowner's Association. Exhibit A - Resolution No. 3552 VTT 15420 Page 15 Jo K. h . M o o 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. Ail · parking regulations shall be enforced at time of final occupancy of any phase of the project. A total of 150 parking spaces shall be permanently maintained at a rate of two garage spaces per each dwelling unit. An additional minimum of 150 unassigned guest spaces shall also be permanently provided on-street and on driveways not obstructing the required garage spaces. 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. Ail 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. Exhibit A - Resolution No. 3552 VTT 15420 Page 16 No O o P . Q. R. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. In addition, the CC&R's shall advise homeowners that MCAS, E1 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. No amendment to alter, modify, terminate or change the Homeowner's 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 behind the private street right-of-way. Where 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 manmfactured slopes within rear yards shall be the responsibility of the individual property owners. 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 shall be by the Homeowner's Association. Exhibit A - Resolution No. 3552 VTT 15420 Page 17 S o T , U, Vo Disclosure to all future homeowners and purchasers of property 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 makes no claim, warranty or guarantee that views from any unit will be preserved as development of surrounding properties occurs. Maintenance of all slopes and drainage devices on individual lots within fenced yard areas shall be the responsibility of the individual property owne r. Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement. Ail 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. Disclosure information that the side entry garages with less than a 20- foot front yard setback are constructed as non-habitable space and cannot be converted to habitable space as defined in the Uniform Building Code. BUYER NOTIFICATION (1) 9.1 Prior to issuance of Certificate of Occupancy: 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. Exhibit A - Resolution No. 3552 VTT 15420 Page 18 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: (!) 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 o The Subdivider 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. D o 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 o Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Devel ~ = ~ . oDm_nu Department In addition, the CC&R's shall advise homeowners that MCAS, E1 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. (1) 9.2 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. Exhibit A - Resolution No. 3552 VTT 15420 Page 19 *** 9.3 A separate notice shall be provided to and executed by the future homeowner of those lots that' contain side entry garages with less than 20 foot front yard setback clearly disclosing that the garages shall be constructed as non-habitable space and can not be converted to habitable space, as defined by the Uniform Building Code. Said notice shall be reviewed and approved by the City Attorney and Community Development prior to recordation of any final map. A copy of the executed notice shall be provided to the Community Development Department immediately upon close of escrow. FEES (1) 10.1 Prior to recordation of any final map, Subdivider shall pay plan check and inspection fees for all public and/or private infrastructure improvements within the City's responsibility excluding those financed by an Assessment District. (1) 10.2 Prior to issuance of any building permits, payment (5) 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. Ao Ail applicable building, grading and private. improvement plan check and permit fees to the Community Development Department based upon the most current schedule. B , New development fees in the amount of $350 per single family unit to the Community Development Department. C , School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Developer, or proof of a release from payment of any fee. m . Major thoroughfare and bridge fees in the amount of $2,612 per unit to the Tustin Public Works Department. E . Water and sanitary sewer connection fees to the Irvine Ranch Water District. Exhibit A - Resolution No. 3552 VTT 15420 Page 20 (1). 10.3 Prior to recordation of a 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. (5) 10.4 Within forty-eight (48) hours of approval of the subject project by the City Council, 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.