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HomeMy WebLinkAboutPC RES 35221 RESOLUTION NO. 3522 10 11 12 13 14 15 16 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 VESTING TENTATIVE TRACT MAP NO. 15427 LOCATED AT THE SOUTHEAST CORNER OF IRVINE BOULEVARD AND TUSTIN RANCH 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 Vesting Tentative Tract Map No. 15427 was submitted to the Planning Commission by Baywood Development Group for consideration; Bo That a public hearing was duly called, noticed and held for said map on April 28, 1997 by the Planning Commission; Ce 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; De E® That the proposed subdivision is 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; The .4.452 acres of parkland required for this development was previously dedicated with recordation of Tract 15055; Fe 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 15427 on School District facilities, and changes in state law. The impacts associated with this approval on School District Facilities are adequately addressed; Go That the site is physically suitable for the type of development proposed; He I. 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; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution NOo 3522 Page 2 J~ That the design of the subdivision or the typ~ of improvements proposed will not conflict with easements acquired by. the public, for access through or use of the property within the proposed subdivision; Ke That the design of the subdivision or the types of improvements .proposed are not likely to cause serious public health problems; L. 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, Me 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. .II. The Planning Commission hereby recommends that the City. Council approve Vesting Tentative' Tract Map No. 15427 located at the southeast corner of Irvine Boulevard and Tustin Ranch Road, 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 28th day of April, 1997. F ~  LOU BONE Chairman Recording Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3522 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. 3522 was du~ passed and adopted at a regular meeting of the Tustin Planni] Commission, held on the 28th day of April, 1997. 'BARBARA REYE~ Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 15427 RESOLUTION NO. 3522 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The subdivider shall comply with all conditions of Tentative Tract 15055 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, aHd 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 97-001 and Conditional Use Permit 97-001 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3521 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 Agreemen't. SOLrRCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UI~IFOR/~ BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW * * * EXCEPTION Exhibit A VTT 15427 Resolution No. 3522 Page 2 (5) 1.6. 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. (1) '1.7 Prior to final map approval, the subdivider shall submit: A. A current title report; S o A duplicate mylar of the Final Map, or 8~" X 11" transparency.of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance; and C.. A list Of street names as approved by the'City of Tustin Street Naming Committee. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 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 standards, including but not limited to the following: a~ C . D. E. F. G. 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. *** 2.2 Prior to the issuance of the first Certificate of Occupancy within Phase I (as shown on the. approved Phasing Plan), including the model complex units, the developer shall complete the installation of all site improvements and landscaping and receive final building inspection for all site improvements and landscaping located within Lots A, B, N and O. Exhibit A VTT.15427 Resolution No. 3522 Page 3 *** 2.3 Prior to the issuance of the first Certificates of Occupancy within Phase II (as shown on the approved phasing plan), the developer shall complete the installation of all improvements and common recrea[ion facilities on Lot "G". (1) 2.4 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) 2.5 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. (1) 2.7 Proposed private streets shall be designed to the (5) following 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. Exhibit A VTT 15427 Resolution No. 3522 Page 4 B o Ail streets shall be constructed in. accordance with city r~quirements in terms of type and quality of materials used where practical. ~ C. .Parking shall be prohibited within private drives. 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 CAI)D, 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) 2.10 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./ Engineering Division). Exhibit A VTT 15427 Resolution No. 3522 Page 5 DEDICATIONS/RESERVATIONS/EASEMENTS (1) 3.1 The subdivider shall satisfy dedication and/or (2) (5) 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. No vehicle access from Lot "M" to Irvine Boulevard will be permitted in the future. (1) 3.2 Landscape maintenance of all lette'red lots, shall be the (5) responsibility of the Homeowners Association, except that Lots A and B shall be the responsibility of the Landscape and Lighting District. The City of Tustin will not be responsible for maintenance of private streets, storm drains, street lights, landscaping, irrigation, slopes or perimeter walls. (1) 3.3 Additional right-of-way dedication will be required at (5) the intersection of Kinsman Circle and Street "A" and shall extend from BCR/ECR on Street "A". Said dedication area shall be adequate for the construction of'curb ramps per City Standard No. 124. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OFiWAY (1) 4.1 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. Exhibit A VTT 15427 Resolution No. 3522 Page 6 GRADING (1) 5.1 Prior to issuance of grading permits: (2) (5) A. B o 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: o o Methods of drainage in accordance with all applicable City standards. ~ecommendations 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. b . Elimination of any sheet flow and podding. C . Provision of drainage facilities to protect the lots from any high velocity scouring action. d, Provision. for tributary drainage from adjoinipg properties. 5. Ail flood hazard areas of record. Exhibit A VTT 15427 Resolution No. 3522 Page 7 C. Do 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. . 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 paleontologist/ archaeologist shall attend'the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. 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. Submittal of a construction traffic routing plan for review and approval by the Director of Public Works. Exhibit A VTT 15427 Resolution No. 3522 Page 8 · 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 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 (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. (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 development, 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 any final tract 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 water system design, location of valves, and the distribution of the fire hydrants.will be evaluated and approved by the Fire Chief. Exhibit A VTT 15427 Resolution No. 3522 Page 9 (5) 6.2 Fire Hydrants - Prior to the recordation of any final 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, tKe system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (5) 6.3 Automatic Fire Extinguishing Systems - Prior to the recordation of a final map, a note shall be placed on the map stating that all structures to be built on lots beyond 150 feet on dead ends shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. (5) 6.4 'Street Plans - Prior to 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 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. All proposed fire apparatus turnarounds shall be clearly marked when dead-end street exceeds 150' feet or when other conditions require it. (5) 6.5 Street Markings a. 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. S . 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. Exhibit A VTT 15427 Resolution No. 3522 Page 10 (5) 6.6 Combustible Construction Letter - Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's ~pproval 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) 6.7 Water Availability -'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. (5) 6.8 Fire Sprinkler Systems - Prior to the issuance of any building permits on those lots 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) 6.9 Building Use Letter ~ Prior to the issuance of any building permits, the applicant shall shbmit a detailed letter of intended use for each building to the Fire Chief for review and approval. (5) 6.10 Fire Hydrant Markers - 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. 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 Exhibit A VTT 15427 Resolution No. 3522 Page 11 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. 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 f~r 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 staging and/or delivery of equipment and materials and engine warm up, shall be subject to the provisions of the City of Tustin Noise Ordinance, and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturdays, unless otherwise determined by the Building Official. (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 Communit.y 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. Exhibit A VTT 15427 Resolution No. 3522 Page 12 CC&R's shall include but not be limited to the following provisions: ao 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. 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). D. Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. o 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. F o 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 VTT 15427 Resolution No. 3522 Page 13 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 proper~y 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. Ail plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. H. 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. I. 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 wi'thin the private development. Said program may. include provisions for levying fines, collecting fines and Exhibit A VTT 15427 Resolution No. 3522 Page 14 Je enforcement/monitoring companies/persons. by private security 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: o Ail on-street parking spaces are designated as guest parking; individual owners shall have no right to use guest spaces for 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. o Should an individual owner own more than two vehicles, additional vehicles shall be kept outside of the subdivision boundaries. · Individual property owners shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be able to be parked within the required garage spaces. Prior to implementation of such a program, 'copies of the approved HOA program shall be forwarded to the City of Tustin Police Department and Community Development Department for review and approval. The Police Department and Community Development Department shall also be provided with any amendments or modifications to the 'program. All parking regulations shall be enforced at time of final occupancy of any phase of the project. A total of 106 parking spaces shall be permanently maintained at a rate of two garage spaces per each dwelling unit. An additional minimum of 53 unassigned on-street guest spaces shall also be permanently provided. Exhibit A VTT 15427 Resolution No. 3522 Page 15 K. M. Ne Individual units shall, not have separate external television and radio antennas except as otherwise provided by law. Either a central ant'enna 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. 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. Exhibit A VTT 15427 Resolution No. 3522 Page 16 p .. S . T. Ue V. Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the five-foot 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 manufactured 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, except Lots A and B, shall be by the Homeowner's Association. Landscape maintenance for Lots A and B shall be the responsibility of the Landscape and Lighting District. 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 structure's 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, including, but not limited to: Exhibit A VTT 15427 Resolution No. 3522 Page 17 . Addition of sidewalks in the private drives; and, Public Street Standards and installation of a cul-de-sac at the northerly terminus of Street 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 impact-ing 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 der'ermines inadequate noise insulation. , The developer shall provide the City with a schools notification statement.which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicate: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). (2) Advice to homebuyers that proposed school sites may never be constructed. C. D. 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. 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. · Exhibit A VTT 15427 Resol'ution No. 3522 Page 18 (1) 9.2 It is the Subdivid~r'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 95-1. B. City of Tustin Landscape and Lighting District. C . 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 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. 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. D . Major thoroughfare and bridge fees in the amount of $2,566 per unit to the Tustin Public Works Department. E: Water and sanitary sewer connection fees to the Irvine Ranch Water District. Exhibit A VTT 15427 Resolution No. 3522 Page 19 (1) 10.3 Prior to recordation of a final map, payment shall be made of all applicable Reassessment District No. 95-1 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 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.