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HomeMy WebLinkAboutPC RES 3529.3 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3529 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP NO. 15380 LOCATED ON LOT 27, TRACT 13627. 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. 15380 was submitted to the Planning Commission by Richmond American Homes, Inc. for consideration; B . That a public hearing was duly called, noticed and held for said map on July 14, 1997 by the Planning Commission; Co That Environmental Impact Report 85-2, as modified by Addendum' # 6 for the East Tustin Specific Plan, has been recommended for certification in conformance with the requirements of the California Environmental Quality Act for the subject project; D. That General Plan Amendment 96-003, Zone Change 96-003 and third Amendment to. the East Tustin Devleopment Agreement have been recommended for approval so that the proposed subdivision will be in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single-family dwellings; E · The 1.6524 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 15380 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 1.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3529 Page 2 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 ca~se substantial environmental damage or substantially and avoidably injure fish .or wildlife, in their habitat; 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; K. Lo 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. M. That the proposed dedication of additional right- of-way on Jamboree Road is necessary to-satisfy the mitigation measures included in EIR 85-2 as it relates to the required circulation plan. II. The Planning' Commission hereby recommends that the City Council approve Vesting Tentative Tract Map No. 15380, 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 14th day of July, 1997. · LOU BONE ~~ Chairman Recording Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 Resolution No. 3529 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of'Tustin, California; that Resolution No. 3529 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of July, 1997. Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 15380 RESOLUTION NO. 3529 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 building permits, all conditions of approval of Design Review 96-050 for the subject project shall be complied with as shown ~n Exhibit A attached to Resolution No. 3528 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) 1.3 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 Specific 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 Resolution No. 3529 Page 2 (1) 1.6 Prior to final map approval, the subdivider'shall submit: A. A current title report; B . C o A duplicate mylar of the Final Map, or 8~ 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 A list o~ street names to be approved by the City of Tustin Street Naming Committee. (4) 1.7 'Approval of Vesting Tentative Tract Map 15380 is contingent upon the execution of the Third Amendment to the East Tustin Development Agreement and approval of General Plan Amendment 96-003 and Zone Change 96-003 by ~he City Council. (1) 1.8 The appl.icant 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, including but not limited to the following: A. Curb. and gutter/cross gutters B. Sidewalks including access facilities for physically handicapped persons Drive aprons/approach Street paving Street signing Landscaping/irrigation facilities Sanitary sewer service facilities Domestic water service facilities Reclaimed water service facilities Utility connections (i.e., gas, electric, telephone, and c~ble T.V. facilities) Traffic signal systems and other traffic control devices Street and paseo lighting C. D. E. F. G. H. I. J. Ke n. Exhibit A Resolution No. 3529 Page 3 M · N· O Storm drains and subdrains, the storm drain facilities within this tract will be private drains to be maintained by the Homeowner's Association.. Undergrounding of existing and proposed utility distribution lines Lot monumentation Fire hydrants The above plan shall be prepared by a California Registered Civil Engineer. In addition, prior to the issuance of any permits, the developer shall submit a 24" x 36" reproducible work area traffic control plan, prepared by a California Registered Traffic Engineer or Civil Engineer experienced with this typ_e of plan preparation. (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 A Separate 24" X 36" street improvement plan, as prepared by a California Registere~ Civil Engineer, will be required for all construction within the public right-of-way. All construction shall be referenced to applicable City, County, or Irvine Ranch Water District standard drawing numbers. Said plan shall include, but not be limited to the following: o 4. 5. 6. 7. Curb and gutter Sidewalks, including curb ramps for the physically disabled Drive aprons All 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. (5) 2.4 The street improvement plan shall also include striping and signing plans to modify existing striping on Tustin Ranch Road, Portola Parkway'and Jamboree Road. Exhibit A Resolution No. 3529 Page 4 (1) 2.5 Ail changes in existing curbs, gutters, sidewalks (5) and other public improvements shall be the responsibility of subdivider. (1) 2.6 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 Department 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. . C. 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) 2.7 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 vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. B · 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. 3529 Page 5 C · Parking shall be prohibited within cul-de-sacs, curves and along entry Streets "A" and "G" Signage and/or red curbing shall be installed where appropriate. (1) 2.8 Existing sewer, domestic'water, reclaimed water and storm drain service laterals shall be utilized. (5) 2.9 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. (5) 2.10 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). (5) 2oll An additional typical section for Jamboree Road will need to be shown on the tentative map for the area of the street widening. (5) 2.12 Existing utility/storm drain service laterals will need to be utilized for this development The proposed storm drain lateral, from the end of the cul-de-sac of Street "C" to the existing 18" storm drain on Jamboree Road will not be permitted. The proposed storm drain will need to be located in the lettered lots "E" and "F" and connected to the proposed storm drain in Lot "E" from the end of the cul-de-sac of Street "B". Exhibit A Resolution No. 3529 Page 6 (5) 2.13 Additional detail is needed with respect to the drainage through the intersection of Street "A" at Portola Parkway. It appears that execution of a drainage agreement, may be required. (5) 2.14 The entry area detail shown on the conceptual landscape plan needs to be modified as follows: The median nose needs to be located 15' behind the ~ delta of the curb returns. The call box needs to be relocated to provide a minimum 60' of stacking distance between the call box and the crosswalk at the intersection. Identify if this detail is-typical for both entry areas. DEDICATIONS/RESERVATIONS/EASEMENTS ( 1 ) 3.1 The (2)' (5) 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) 3.2 Landscape maintenance of all perimeter lots shall be the (5) responsibility of the Homeowners Association. (5) 3.3 Dedication of an additional five feet of street right-of- way along the Jamboree Road frontage from Portola Parkway to approximately 650 feet northerly of Portola' Parkway and tapering from that point and joining the existing right-of way line at approximately 950 feet northerly of Portola Parkway. This dedication is required in order to provide for a consistent three 12' wide southbound travel lanes, an 8' wide bike lane and a 9' wide parkway along this frontage. Exhibit A Resolution No. 3529 Page 7 CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC'RIGHT-OF-WAY (1) 4ol Prior to recordation of the 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. (5) 4.4 The developer will be required to construct the following improvements along the Jamboree Road frontage: a) ' Widen the westerly side of Jamboree Road to p~ovide for a consistent three 12 foot wide southbound travel lanes, 8 foot wide bike lane, 9 foot wide parkway including sidewalk within the limits stated in Item No. 3.3 above. b) Ail traffic signal, signing and striping modifications, median nose modification on Portola Parkway at Jamboree Road, as well as storm drain, street lights, and utilities modification required along Jamboree Road as a result of the Jamboree Road street widening. (5) 4°5 The developer will be responsible for all costs associated with modifications to the traffic signal/interconnect at Tustin Ranch Road and Pioneer Way along with all signing/striping modifications and any required intersection modifications. (5) 4°6 If this development occurs after the Assessment District· installs the traffic signal at Portola Parkway and the entrance to the parksite, the developer will be responsible for all costs associated with modifications to the traffic signal/interconnect along with all signing/striping modifications and any required intersection modifications. Exhibit A Resolution No. 3529 Page 8 GRAD ~NG / 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. 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. o 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 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. bo 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. Exhibit A Resolution No. 3529 Page 9 5. Ail flood hazard areas of record. o 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. · 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 th~ 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. 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. D, S~bmittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. All construction access shall be through either Street "A" or Street "G" 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. (1) 5.2 All'earthwork shall be performed in accordance with the (3) City of Tustin Municipal codes and grading requirements. Exhibit A Resolution No. 3529 Page 10 (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 ~pecific 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. FIRE DEPARTMENT (5) 6.1 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 adequate fire protection and financial'security is posted for the installation. The wate~ system design, location of Valves, and the distribution of the fire hydrants will be evaluated and approved by'the Fire Chief. (5) 6.2 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 Prior to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the City. The deed restrictions 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. Exhibit A Resolution No. 3529 Page 11 (5) 6.4 Prior to issuance of any grading, permits, the applicant shall submit and obtain approval of preliminary plans fom all streets and courts, public or private, from the Fire Chief in consultation with· the Manager and Traffic Engineering. The plans shall include the plan view, sectional View and indicate the width of the street or court measured from flow line to flow line. Ail proposed fire apparatus turnarounds shall be clearly marked when dead-end street exceeds 150 feet or when other conditions require it. (5) 6.5 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 location 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. (5) 6.6 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) 6.7 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 will be placed on the site. 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 Prior to the issuance of 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. 3529 Page 12 (5) 6.9 Prior to the issuance of building permits, the applicant shall submit a Fire Safety Site Plan 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. (5) 6.10 Prior to the issuance of any building permits on those lots(s)/parcel(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 installation2 This system shall be operational prior to the issuance of a certificate of use and occupancy. (5) 6.11 Prior to the. issuance of certificates of use and occupancy, all' fire hydrants shall have a "Blue Reflective Pavement Marker" indicating their locations on the street or drive, per the Orange County Fire Authority Standard, and approved by the Fire Chief. On private property these pavement markers are to be maintained in good condition by the property owner. (5) 6.12 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." 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. Exhibit A Resolution No. 3529 Page 13 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. 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. (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 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. (1) 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: Exhibit A Resolution No. 3529 Page 14 ao B o C . Do E o F o 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. The requirement that association bylaws be established. 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. Membership in any Homeowner's Association shall be inseparable from'ownership in individual lots. Architectural controls shall be provided add 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: 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. 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. Exhibit A Resolution No. 3529 Page 15 I · o . 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. 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. A total o'f 324 parking spaces shall be permanently maintained at a rate of two garage spaces per each dwelling unit. An additional minimum of 162 unassigned guest spaces (on-street or on third-car driveway area) shall also be permanently provided. Exhibit A Resolution No. 3529 Page 16 J. 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. K. Ail utility services serving the site shall be 'installed and maintained underground. n. The Association shall be required to file the names, addresses, and telephone numbers of at least one member, of th~ 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. M. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. N.. The Association shall be responsible for establishing and following procedures for providing entry gate access to the public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. O. 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 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. Maintenance of Lots A through JJ shall be by the Homeowners Association. Exhibit A Resolution No. 3529 Page 17 Q · 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. R· Maintenance of all slopes and drainage devices on individual lots within fenced yard areas shall be the responsibility of the individual property owner· S · Disclosure to all future homeowners of the specific location and typ_e of structures which will be located within the public utility easement. T · 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. U· 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. V. Disclosure to ali 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. HOMEBUYER NOTIFICATION (1) 9.1 Prior to issuance of Certificate of Occupancy: a. 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. Exhibit A Resolution No. 3529 Page 18 B o The developer shall ~rovide 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). C . (2) Advice to homebuyers tha~ 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.- Do 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 mtility easement identifying the type of structure and their locations. E · 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. F o 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. Ce That the project is located within a Mello Roos District. Exhibit A Resolution No. 3529 Page 19 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) 10o2 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. (i) 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. B · Ce D , o Fe Building plan check and permit fees to the Community De~elopment'Department based on the most current schedule. Grading plan check and permit fees to the Community Development Department. New development fees to the Community Development Department. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. Major thoroughfare and bridge fees to the Tustin Public Works Department~ Water and sewer connection fees to the Irvine Ranch Water District. Exhibit A Resolution No. 3529 Page 20 (1) 10.4 Ail properties within the subject map will be subject to Reassessment District 95-2 fees to be determined as a result of land use change. 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 95-2 as a result of the subdivision. (1) 10.5 Within forty-eight (48) hours of approvai 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 proviBions 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 AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.