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HomeMy WebLinkAboutPC RES 35391 RESOLUTION NO. 3539 10 11 12 13 14 15 16 17 18 19 20 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 TENTATIVE TRACT MAP NO. 14396 LOCATED ON LOTS 12, 13, 24 AND 25 OF TRACT 13627 IN THE VICINITY OF TUSTIN RANCH ROAD, PIONEER WAY AND PETERS CANYON ROAD. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: ae That Tentative Tract Map No. 14396 was submitted to the Planning Commission by The Irvine Company for consideration; Be That a public hearing was duly called, noticed and held for said map on August 11, 1997 by the Planning Commission; Co That Environmental Impact Report 85-2, as amended, for the East Tustin Specific Plan, has been recommended for certification with Addendum No. 7 in conformance with the requirements of the California Environmental Quality Act; D. That Zone Change 97-001 and the Fourth Amendment to the East Tustin Development Agreement have been recommended for approval so that the proposed subdivision will be in conformance with the Tustin Area General Plan, East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development; E· The 1.4238 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 Tentative Tract 14396 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; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3539 Page 2 He I · Je Lo 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; 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; That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; and, The project has been determined to be exempt from the provisions of Measure "M" because entitlements specified in the East Tustin Development Agreement entered into in 1985, and the estimated project generated traffic does not cause the roadway system to exceed established levels of service standards. II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map No. 14396, 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 11th day of August, 1997. Planning Commission Secretary ~97. HOWARD'-5~.~ Z MAN Chairman 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3539 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, .the undersigned, hereby certify that I am the Planning Commission Secretary of the CSty of Tustin, California; that Resolution No. 3539 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the llth day of August, 1997. ELIZABETH A~. BINSACK Planning Commission Secretary EXHIBIT A TENTATIVE TRACT MAP 14396 RESOLUTION NO. 3539 CONDITIONS OF APPROVAL GENERAL (1) 1.1 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 9335.08 of the Tustin Municipal Code. (1) 1.2 Prior to release of any permits, all conditions of approval of Design Review 96-054 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3539 and incorporated herein by reference. (1) 1.3 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), EIR 85-2, and applicable conditions for Tentative Tract Map 13627. (1) 1.4 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 Plan Development Agreement. (5) 1.5 The subdivider shall be required to execute Subdivision/ Monumentation Agreements and provide improvement/monu- mentation 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 Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 2 (1) 1.6 Prior to final map approval, the subdivider shall submit: A. A current title report; Be A duplicate mylar, of the Final Map, or 8½ inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans' prior to certificate of Acceptance; and Co A list of street names to be approved by the City of Tustin Street Naming Committee. (4) 1.7 Approval 0f Tentative'Tract Map 14396 is contingent upon the execution of the Fourth Amendment to the East Tustin Development Agreement and approval of Zone Change 97-001 by the City Council. (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 (1) 2.1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and construct or post security (3) guarantying construction of all public and/or private, (6) infrastructure improvements within the boundary of said tract map in conformance with applicable City standards. 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 requried adjacent to this development. Said plan shall include, but not be limited to the following: A. Curb and gutter/cross gutters B. Sidewalks including access facilities for physically handicapped persons Drive aprons/approach Signing and striping plan Street paving Street 'lighting Catch basin/storm drain laterals/connection to existing storm drain system Domestic water facilities Ce D. E. F. G. Ho Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 3 I · J. K. J. Reclaimed water facilities Sanitary sewer facilities Landscaping/irrigation facilities Underground Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities) Fire hydrants 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. (1) 2.2 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) 2.3 Ail changes in existing curbs, gutters, sidewalks (5) and other public improvements shall be the responsibility of subdivider. (1) 2.4 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. Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 4 Ce Sewer and water facilities shall be clearly indicated as publicly maintained. Maintenance access to water facilities shall be the responsibility of the Homeowner's Association, and accommodations for such access shall be established prior to building permit issuance. (1) 2.5 Proposed streets shall be designed to the following (5) specifications: (6) A. All proposed streets and drives shall be designed in substantially the same width and alignment as shown on the approved tentative map unless modified and approved by the Directors of Community Development and Public Works. Bo Ail streets shall be constructed in accordance with City.requirements in terms of type and quality of materials used where practical. Ce Parking shall be prohibited within cul-de-sacs, curves and along entry Streets "A" and "P". Signage and/or red curbing shall be installed where appropriate. (1) 2.6 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized. (5) 2.7. 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. Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 5 (5) 2.8 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/Engineer- ing Division).' *** 2.9 Street "A" shall be widened to a minimum of 32 feet flow line-to-flow line. A de~d restriction shall be recorded on all lots with access to Streets "B"-"O" indicating that all parking shall be provided on-site, subject to the approval of the City Attorney and Community Development Department. Said parking areas shall be identified on. the site plan, street improvement plans and final map, as approved by the Community Development Department. (5) 2.10 Both horizontal and vertical intersection sight lines will need to be provided per OCEMA Standard 1117 for all affected streets. The sight, lines need to be shown on the grading and landscaping plans. All'landscaping within the limited use area will need to comply with Standard No. 1117. (5) (5) 2.11 Catch basins will be required at the intersection of "P" Street/Peters Canyon Road and at "A" Street/Peters Canyon- Road to eliminate the need for cross gutters. , 2.12 Any modifications or construction affecting the existing Regional Trails between Tustin Ranch Road/Portola Parkway and the Peters Canyon Road cul-de-sac, Will need to be coordinated through the County of Orange Harbors, Beaches and Parks and will require a permit from the County of Orange.. Additionally, any modifications to the existing landscaping and irrigation system along this portion of the Regional Trail will need to be coordinated with the City of Tustin Engineering Division and will require a City of Tustin Encroachment Permit. DEDICATIONS/RESERVATIONS/EASEMENTS (1) (2) (5) 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. Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 6 (5) 3.2 Dedication of all required sanitary sewer easements to the Orange County Sanitation District will be required prior to or concurrently with the recordation of Final Map 14396. (5) 3.3 A traffic signal will be ~equired at the intersection of Pioneer Way and Pioneer Road. The estimated cost of this signal is $150,000 and this tract will be responsible for 50 percent of the cost. Prior to the recording the final tract map, the City will require a cash deposit or bond- in the amount of $75,000. The cash deposit/bond shall remain in effect for a period of 10 years from the date the final map records, (5) 3.4 The subdivider will be required to coordinate'with the County of Orange and provide the necessary easement for the Regional Trail connection between Lot "QQ" of Tract 14396 and the westerly boundary of the'Regional Park. (5) 3.5 The subdivider shall offer for dedication to the City of Tustin for street purposes a 60 foot wide easement for Lower Lake Drive between the northerly tract boundary and the Peters Canyon Road cul-de-sac, as shown on Tract No. 13627. (5) 3.6 Prior to recordation of Final Map 14396, the' subdivider shall execute any required drainage agreements to accept drainage from public properties'onto private property and/or into private storm drain systems. Said drainage agreements shall be recorded concurrently with Final Tract Map 14396. (5) 3.7 Prior to final map approval by the City Council, the subdivider shall execute a hold-harmless agreement and provide a Certificate of Insurance pursuant to Section 9325 of the Tustin City Code. (1) 3.8 Landscape maintenance of all perimeter lots shall be the (5) responsibility of the Homeowners Association. (5) 3.9 Should a traffic hazard be found to exist in the future, additional traffic control devices such as signs, reflectors, all way stops at appropriate intersections, shall be installed as determined appropriate by the City's Building Official and Traffic Engineer and at the expense of the develope~ and/or Homeowner's Association. Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 7 CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 4.1 Prior to recordation of t~e final map, subdivider shall (2) post with the Community Development Department a minimum (5) $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. (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/GENERAL (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. 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: Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 8 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 rain fall which may be expected from all storms up to and including the theoretical 100 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. do Provision for tributary drainage from adjoining'properties. 5. Ail flood hazard areas of record. A note shall be placed on the grading plan ~equiring. 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. 7. A note shall be placed on the plans that a qualified paleontologist/archaeologist, as appropriate shall be present during rough grading operations. If resources 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 pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 9 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. De Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public · Works. All construction access shall be through Street "A" or Street "P" as no other temporary construction access will be permitted. E · The applicant shall prepare a hydrology and hydraulic calculations for this subject tract. Said plan shall be reviewed and approved by the Public Works Department. F · The applicant shall incorporate any and all mitigation measures into the grading and landscaping plans related to the removal of coastal sage scrub from the property in accordance, with permits issued to the applicant from the U.S. Fish and Wildlife Service related to the NCCP Program. (1) 5.2 Ail earthwork shall be performed in accordance with the (3) City of Tustin Municipal codes and grading requirements. (1) 5.3 Prior to the recordation of a final map, the applicant (5) shall submit for approval by the 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 TT 14396 - Conditions of Approval Resolution No. 3539 Page 10 FIRE AUTHORITY (5) 6.1 Prior to the recordation of tKe final tract map, or issuance of grading permit, whichever occurs first, an emergency access road from Lower Lake Drive to Peters Canyon Road on Tract 13627 shall be provided. 'The access road. shall meet the requirements of the City of Tustin and the Orange County Fire'Authority for roadway width, surface and gate obstructions. (5) 6.2 The maximum grade for a fire apparatus access road shall not exceed 10 percent. Gradient may be increased to a maximum of 15 percent when all structures served by the access road are protected by an approved automatic fire sprinkler system, A portion of "C" Street is shown with a 12 percent grade. A portion of "H" Street is shown with a 14 percent grade. Prior to the issuance of building permits on Lots 73 - 82, as well as, Lots 106 - 109, 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. (5) 6.3 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 installation2 The water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Fire Chief. (5) 6.4 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. Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 11 (5) '6.5. 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 within said easement. (5) 6.6 Fire Hazard Notification - 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. (5) 6.7 Fuel Modification a. Prior to the recordation of any subdivision map, the applicant shall obtain the Fire Chief's approval, in consultation with the Manager, Environmental and Project Planning, of a conceptual fuel modification plan and program. Contact the Orange County Fire Authority Development Review Section at (714) 744-0477 for requirements and clearance of this condition. B . Prior to the issuance of any grading permits, the applicant shall obtain the Fire Chief's approval, in consultation with the Manager Environmental Project Planning, of a precise fuel modification plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. Include the method (mechanical or hand labor) for removal of combustible vegetation and the planting of' drought tolerant fire resistant plants. C, Prior to the issuance of building permits, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of.any combustible materials into the project area. Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 12 m . Prior to the issuance of any certificate of use and occupancy, the remainder of the fuel modification shall be installed and completed under the supervision of the Fire Chief. Further, the installed fuel modification shall be established to a degree meeting the approval of the Fire Chief. The CC&R's shall contain provision for maintaining the fuel modification zones including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year. (5) 6.8 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) 6.9 Street Markings 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 , Prior to the issuance of the certificate 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) 6.10 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". Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 13 (5) 6.11 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 for 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) 6.12 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. (5) 6.13 Fire Sprinkler System - Prior to the issuance of any building permits on those lot(s) determined applicable by the 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. (5) 6o14 Fire Hydrant' Marke~s - 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 (5) 7.1 Ail construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (5) 7.2 Construction hours shall be clearly posted on the project site to 'the satisfaction of the Building Official. Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 14 CC&R'S (1) 8.1 P~ior 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: A. 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 that association bylaws be established. 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 (i.e., walks, sidewalks, trails) and paseos. D. Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. E . Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof. materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, 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: Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 15 G. . Ail common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edge~, 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 neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. . 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. . 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. Homeowner's 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&R's. Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 16 Ho J. K. n. M. N. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long' in any parking space, driveway or private street area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. There shall be no parking of any kind on driveways that are less than 19 feet in length. Individual units shall not have separate external television and radio antennas. 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 names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January !st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. The Association shall be responsible for establishing and following procedures for providing entry gate access to the public utilities for maintenance of their f~cilities within the project area, Subject to those agencies' approval. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall (include if the wall is 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 Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 17 O o P · Q · R. S . T· U· 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. 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 owner. Disclosure to all future homeowners of the specific location and 'type of structures which will be located within the public utility easement. 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. Disclosure to all future homeowners and purchasers of property that E1 Toro Marine Base may be developed with a commercial airport which may effect the project with aircraft overflights. Disclosure to all future homeowners and purchasers of property that any use. of the individual residences for a business shall be subject to the City's requirements for a Home Occupation Permit. Disclosure to all future homeowners and purchasers of property information related to parking requirements ~equired by the East Tustin Specific Plan. Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 18 HOMEBUYER NOTIFICATION (1) 9.1 Prior to issuance of Certificate of Occupancy: a. . C . D . E . A document separate from the deed shall be prepared which will be an information notice to future homebuyers 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. The develope~ 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 homebuyers that proposed school sites may never be constructed. The Subdivider shall provide the City with a statement which must be signed by each homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development, including the Eastern Transportation Corridor. The d~veloper 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. The developer shall provide the City with an information notice, as approved by the City Attorney, indicating that E1 Toro Marine Base may be developed with a commercial airport which may effect the project with aircraft overflights. Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 19 F . The developer shall provide the City with an informational notice, as approved by the City Attorney, indicating that any use of the individual residences for a business shall be subject to the City's requirements for a Home Occupation Permit. (1) 9.2 Subdivider shall notify all potential homebuyers of the (5) following liens and Assessment/Maintenance Districts affecting the property: A. Reassessment District No. 95-2 B . City of Tustin Landscaping and Lighting District as amended.. C o. That the project is located within a Mello Roos District. 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 recordation of the final map, the Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties .related to Reassessment District No. 95-2. (1) 10.3 Prior to issuance of any building permits, payment shall (5) 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 · Ce Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. New development fees to the Community Development Department. Exhibit A TT 14396 - Conditions of Approval Resolution No. 3539 Page 20 D . Major thoroughfare and bridge fees 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. (1) 10.4 Within forty-eight (48) hours of approval of the subject (5) 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.