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HomeMy WebLinkAboutPC RES 34301 RESOLUTION NO. 3430 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 VESTING TENTATIVE TRACT MAP NO. 15292. 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. 15292 was submitted to the Planning Commission by Greystone Homes for consideration; and Be That a public hea~ing was duly called, noticed and held for said map on April 8, 1996 by the Planning Commission; and C. That Environmen%al 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; and De 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; and Eo The 0.663 acres of parkland required for this development was previously dedicated with recordation of Tract 13627; and 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 15292 on School District facilities, and changes in State law. The impacts associated with this approval on School District Facilities are adequately addressed; and Ge That the site is physically suitable for the type of development proposed; and He That the site is physically suitable for the proposed.density of development; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3430 Page 2 I · J· 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; and 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; and Ke That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; and L· 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. IIo The Planning Commission hereby recommends that the City Council approve Vesting Tentative Tract Map No. 15292, 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 8th day of April, 1996. BARBARA REYES3 Recording Secretary ChairwOman ~ 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. 3430 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of April, 1996. Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 15292 RESOLUTION NO. 3430 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 96-003 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3429 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, EIR 85-2, and applicable conditions for Final 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. 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. 3430 Page 2 (1) 1.5 Prior to final map approval, the subdivider shall submit: A. A current title report; Be 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 Ce A list of street names to be approved by the City of Tustin Street Naming Committee. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) Z.1 Prior to recordation of 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: ae Ce D. E. F. G. Ho I. J. Ke ne Ne O. Curb and gutter/cross gutters ~ 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 cable T.V. facilities) Traffic signal systems and other traffic control devices Street and paseo lighting 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 monumentati6n Fire hydrants Exhibit A · Resolution No. 3430 Page 3 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 Civil Engineer or Civil Engineer experienced with this type 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 Ail construction within a public right-of-way and/or (5) public easement must be shown on a separate 24" x 36" plan with all construction referenced to applicable City, county, or Irvine Ranch Water District standard drawing numbers. (1) 2.4 Ail changes in existing curbs, gutters, sidewalks (5) and other public improvements shall be the responsibility of subdivider. , (1) 2.5 Preparation of plans for and construction of: (2) (5) A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. Be 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. Exhibit A Resolution No. 3430 Page 4 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) 2.6 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. $. Ail private streets and drives shall be constructed in accordance with City requirements in terms of type and quality of mater'ials used where practical. Co Placement of all above-ground facilities, such as signs, street lights and fire hydrants shall be behind the sidewalk when said sidewalks are constructed adjacent to the curb within the street right-of-way. Sidewalks shall flare around all above ground facilities as required by the Building Division. Do Parking shall be prohibited within the cul-de-sac of Streets "A" and "C". Signage and/or red curbing shall be installed where appropriate. (1) 2.7 Private streets, storm drain, water and sewer improvement plans shall comply with the "City of Tustin Minimum' Design Standards for On-site Private Street and Storm · Drain Improvements". ~ (1) 2.8 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized. Exhibit A Resolution No. 3430 Page 5 (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'applicant shall submit hydraulic calculations for the re-aligned 48" and 54" RCP storm drain for review and approval of the Public Works Department. The applicant shall obtain an Encroachment Permit from the Public Works Department prior to installation of said storm drains. 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. (5) 3.2 The developer will be required to execute a drainage agreement with the City to accept drainage from the public right-of-way which will flow onto the private streets and into the private storm drain system. This drainage agreement must be recorded prior to, or concurrently with, recordation of the final map. (5) 3.3 The subdivider shall dedicate Lot P to the City with recordation of the final map. Final dedication documents shall be prepared by the applicant and reviewed and approved by the Community Development Department and the City Attorney prior to acceptance of the park site. Exhibit A Resolution No. 3430 Page 6 (5) 3.4 Dedication of a minimum thirty (30) fo~t wide storm drain easement to the City of Tustin shall be required for the re-aligned 48" and 54" RCP storm drain. The final location, width and design of the storm drain easement shall be reviewed and approved by the Public Works Department prior to approval of the final map. The existing twenty-nine (29) foot wide storm drain easement shall not be vacated by the City until the re-aligned storm drain system is constructed and the new storm drain easement is dedicated to the City of Tustin. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 4.1 Prior to recordation of the final map, subdivider shall (2) post with the Community Development Department a 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. Exhibit A Resolution No. 3430 Page 7 Bo The applicant shall submit a grading plan subject to approval by the Department of Community Development delineating the following information: Methods of drainage in accordance with all applicable City standards. · Recommendations submitted and approved by a geotechnical or soils engineer. · Compliance with conceptual grading shown on tentative tract map. · A drainage plan and necessary support documents, such as hydrology calculations, to comply with the following requirements: a · Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from 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. be Elimination of any sheet flow and ponding. CJ Provision of drainage facilities to protect the lots from any high velocity scouring action. de Provision for tributary drainage from adjoining properties. 5. Ail flood hazard areas of record. · A note shall be placed on the grading plan requiring Community Development Department approval of roDgh grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter.. Exhibit A Resolution No. 3430 Page 8 Ce · 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. 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. Ee F® The applicant shall prepare a hydrology and hydraulic study for this subject tract. Said plan shall be reviewed and approved by the Public Works Department. Final certification of all previous remedial grading work on the property shall be approved by the Public Works Department prior to issuance of any grading permits for this project. (1) 5.2 Ail earthwork shall be performed in accordance with the (3) City of Tustin Municipal codes and grading requirements. Exhibit A Resolution No. 3430 Page 9 (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 Buildi'ng Official. (5) 5.5 Unless otherwise noted, the following items shall be provided and conditions met subject to the approval of the Community Services Director, prior to City acceptance of the public park site: ae Submittal and approval by the Community Development and Community Services Departments of a soils report and rough grading plans specific to Lot "P", submitted by the Subdivider's registered soils and. civil engineer. In addition to a standard 'soils report, the subdivider shall also provide lot specific soil testing for fertility/agromony, with any recommendations for soil remediation. Be Lot "P" shall be rough graded to two percent (2%) or bonded for per an approved rough grading plan and free of obvious rock and construction debris. Rough grade certification shall be submitted to the Community Development Department, Building Division. Ce Construction type fencing shall be installed around the perimeter of Lot "P". Prior to park acceptance by the City, any materials dumped on site shall be removed and restored to the rough graded condition at the subdivider's expense. Exhibit A Resolution No. 3430 Page 10 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 water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Fire Chief. (5) $.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 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) 6.4 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) 6.5 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 , Resolution No. 3430 Page 11 (5) 6.6 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) 6.7 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 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 installation. This system shal~ be operational prior to the issuance of a certificate of use and occupancy. (5) 6.9 Prior to the issuance of a building permit the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744- 0403 for the Fire Safety Site/Architectural Notes to be placed on the plans. (5) 6.10 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. Exhibit A Resolution No. 3430 Page 12 NOISE (1) 7.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. Ail residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms is required. Evidence prepared under the s6pervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. Be 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. Exhibit A Resolution No. 3430 Page 13 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: ae Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of a Homeowner's Association, the City shall be included as a party to the CC&R's for enforcement purposes o'f 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. Be The requirement that association bylaws be established. Ce Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, w~lls and fences, private roadways (i.e., walks, sidewalks, trails) and paseos. De Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. Eo 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. Exhibit A Resolution No. 3430 Page 14 Fe Go Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: i · 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. . 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 Resolution No. 3430 Page 15 He I · J· Ke ne M. Ne 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 ~xceptions. There shall be no parking of any kind on driveways that are less than 19 f~et in length. A total of 130 parking spaces shall be permanently maintained at a rate of two garage spaces per each dwelling unit. An additional 65 open and unassigned guest spaces shall also be permanently provided. 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 1-icensed 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 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergehcy 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 facilities within the project area, subject to those agencies' approval. Exhibit A Resolution No. 3430 Page 16 Oe 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. Po Maintenance of all landscaped areas adjacent to Pioneer Road shall be by the Homeowners Association. Qe 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. Ro Maintenance of all slopes, drainage devices on slopes, landscaped areas on Lots G - K and those side yard areas on individual lots outside of fenced yard areas shall be the responsibility of the Homeowners' Association. S · Maintenance of all slopes and drainage devices on individual lots within fenced yard areas shall be the responsibility of the individual property owner. We Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement. 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. 3430 Page 17 Be 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. Ce 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. De 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. Ee A separate deed restriction shall be recorded on those Lots that contain Plan I (one-car detached garage) clearly disclosing'that the garages shall be constructed as non-habitable space and cannot be. converted to habitable space, as defined by the Uniform Building Code. A separate agreement, on a form approved by the Community Development Department, shall be signed by the initial buyer and provided to the Community Development Department prior to issuance of Certificate of Occupancy. In addition, similar provisions shall be contained within the CC&RS for the project. Exhibit A Resolution No. 3430 Page 18 F. Ge The subdivider shall provide the City with a statement which must be signed by the homebuyers of Lots 6 through 10. The statement shall identify that Lot 16, Tract 13627 and Lot P, Tract 15292 are planned for public park use including active and passive play areas and a public parking lot. The subdivider shall provide a conceptual site plan clearly indicating the potential location of the parking lot in relation to the homes and include applicable yard ~etbacks. Said statement shall be prepared by the applicant and reviewed and approved by the Community Development Department and City Attorney prior to recordation of a final map. A separate deed restriction shall be recorded on Lots 34, 43, 44 and 45 which will preclude development within the easement areas. The deed restriction shall be prepared by the applicant and reviewed and approved by the Community Development and Public Works Departments and the City Attorney prior to recordation of a final map. (1) 9.2 Subdivider shall notify all potential homebuyers of the (5) following Assessment/Maintenance Districts affecting the property: A. Assessment District No. 86-2. Be City of Tustin Landscaping and Lighting District as amended. Ce 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 Assessment District No. 86-2. Exhibit A Resolution No. 3430 Page 19 (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. ao Building plan check and permit fees to the Community Development Department based on the most current schedule. S · New development fees in the amount of $350 per unit to the Community Development Department. Ce East Tustin Facility fees as may be modified and applicable to the subject property. The City and Irvine Company are currently developing a revised fee program for the subject lots and other lots that were not originally included in the fee calculations since the site was previously designated as a school and park site. D· Ee Major thoroughf.are and bridge fees in the amount of $2,501 per unit to the Tustin Public Works Department. 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. Exhibit A Resolution No. 3430 Page 20 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.