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HomeMy WebLinkAboutPC RES 33941 RESOLUTION NO. 3394 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 TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 14410. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: That Vesting Tentative Tract Map NO. 14410 was submitted to the Planning Commission by Lewis Homes Management Corp. for consideration. Be That a public hearing was duly called, noticed and held for said map on September 25, 1995 by the Planning Commission. C, De That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area. 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. Ee The 1.5198 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, the East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impacts of Vesting Tentative Tract 14410 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed. G · That the site is physically suitable for the type of development proposed. H · That the site is physically suitable for the proposed density of.development. 5 10 11 12 13 14 15 16 17 __!8 9 20 21 22 2~ 24 25 26 27 28 Resolution No. 3394 Page 2 I · That the design of the subdivision or the proposed improvements are not likely to cause substantial e~vtr0nmental 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-at-large, for access through or use of the property within the proposed subdivision. K· That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map No. 14410 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 25th day of September, 1995. Recording Secretary Chairp%~son ' 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. 3394 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of September, 1995. Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 14410 RESOLUTION NO. 3394 CONDITIONS OF APPROVAL GENEP~AL (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 95-008 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3392 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 Subdivider shall conform to all applicable requirements (2) 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) certificate 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. (1) 1.5 The subdivider shall comply with all applicable conditions of approval of previously approved Tract 13627. (5) 1.6 Lots 42 through 47 must adhere to the State Department of Dam Safety and the Orange County Flood Control District with respect to any structures, grading, landscaping, etc. within the dam axis. Written confirmation of such approvals shall be provided to the City prior to issuance of any building permits on these Lots. SOURCE CODES (1) STAh~DARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LA/TDSCAPING GUIDELINES (3) UNIFOILM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 3394 Page 2 *** 1.7 Should the developer choose to file multiple final maps for this project, the recreation facility (Lot B) shall be included in the first map and constructed with the model complex or first phase of development. 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) 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. H. I. J. ne 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 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 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. Exhibit A Resolution No. 3394 Page 3 (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 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 be to the standards as required by the Irvine Ranch Water District. Co 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. Exhibit A Resolution No. 3394 Page 4 (1) Z.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. B · Ail private streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used where prac%ical. Ce 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 to provide a minimum five-foot clear ~idth around all above-ground facilities. D. The developer shall install "Keep Right" signs in the center median at the main entry, per City Standards. The developer shall install a sign at the main entry reading "No parking at any time, except in designated areas and or stalls within the complex". (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. (5) 2.9 The intersection of Pioneer Road and Peters Canyon Road ~ill be a signalized intersection. The estimated cost of this signal including design, construction etc., is $150,000. This development will be responsible for one- third the cost of this signal and the City will require a bond, satisfactory to the City Attorney, in the amount of $50,000.00 prior to recordation of the Final Map. Exhibit A Resolution No. 3394 Page 5 (5) 2.10 Prior to issuance of Certificate of Occupancy for the first unit in Phase I, the developer shall complete the installation of and receive final building inspection for the Community Recreation Center' and various site improvements located within Lot "B". (5) 2.1~ Prior to the issuance of a Certificate of Occupancy for Phase 2 of the development (as shown on the Project Phasing plan, Exhibit A) the developer shall complete the installation of all site improvements and landscaping and receive final building inspection for all site improvements and landscaping located within the Central Open Space Park on Lots "A", "W", and "AJ". The Model Phasing Plan shall be revised to include these improvements in Phase 2. (5) Z.~Z In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, record of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The acceptable formats shall be Integraph DGN or AutoCad DWG file format, but in no case less than DXF file format. The City of Tustin CADD conventions shall be followed in preparing plans in CADD, and these guidelines are available from the Engineering Division. The CADD files shall be submitted to the City at the time the plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. DEDICATION$/RESERVATION$~,EASEMENT$ (1) S. 1 The (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 Mill 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. Exhibit A Resolution No. 3394 Page 6 (5) 3.3 The developer will' be required to execute a drainage agreement to accept the drainage from the Regional Park, which will be discharged through the private storm drain system within Tract 14410. (5) 3.4 The right-of-way lines along Pioneer Road and Peters Canyon Road shall extend to the BCR/ECR of Carlson Court and Orchard Drive respectively and shall not include entry median. 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 Excavation Permit must be obtained from and applicable fees paid to the Public Works Department. GRADING/GENEP~AL (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. S · Preparation and submittal of a grading plan subject to approval of the Department of Community Development delineating the following information: Methods of drainage in accordance with all applicable City standards. · Ail recommendations submitted by geotechnical or soils engineer and specifically approved by them. Exhibit A Resolution No. 3394 Page 7 · · · · 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 · be c· d · 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. Elimination of any sheet flow and ponding. Provision of drainage facilities to protect the lots from any high velocity scouring action. Provision for tributary drainage from adjoining properties. Ail flood hazard areas of record. 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. Note on 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 Department of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/ archaeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. Exhibit A Resolution No. 3394 Page 8 Ce Preparation of 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. Do Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. Ze Submittal of a Slope Repair Agreement in accordance with Condition Nos. 2.1 and 2.2 in Exhibit A of Planning Commission Resolution No. 3391. (1) 5.2 All earthwork shall be .performed in accordance with the (3) City of Tustin Municipal codes and grading requirements. (4) 5.3 Prior to the issuance of any grading permits, a vegetation map (prepared by a qualified biologist) shall be incorporated as part of the grading plan to clearly indicate the location of all coastal sage scrub existing on the site. No coastal sage scrub shall be permitted to be removed as part of the grading operation. Under the current gnatcatcher listing, no coastal sage scrub may be removed unless specific approval for such removal is provided by the U.S. Fish and Wildlife Service (USFWS). In no coastal sage scrub is located within the limits of grading, then the grading permit may be issued. (4) 5.4 The lim'its of grading shall be securely fenced off prior to issuance of a grading permit in order to ensure that coastal sage scrub is not impacted by the grading operation. FIRE DEPARTMESFf (1) 6.1 Prior to recordation of a final tract/parcel map, water (5) improvement plans shall be submitted to and approved by the Fire'Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated in accordance with Insurance Services Office suggested standards contained in the "Grading Schedule" for Municipal Fire Protection. (1). 6.2 Prior to issuance of any building permits for combustible (5) construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet required fire-flow prior to commencing construction with combustible materials. Exhibit A Resolution No. 3394 Page 9 (1) 6.3 Prior to the recordation of a final tract/parcel map, (5) fire protection access easement shall be approved by the Fire Chief and dedicated to the County of Orange. The CC&R's shall contain provisions which prohibit obstructions within the fire protection access easement and also required Fire Chief approval for any modifications such as speed bumps, control gates, or changes .in parking plan within said easement. In addition, a note shall be placed on the map meeting approval of the Fire Chief, that the property is in a high fire hazard area due to wildland exposure. (1) 6.4 Prior to the issuance of any building permits, a (5) construction phasing plan shall be submitted to and approved by the Fire Chief. The purpose of this review is to evaluate the adequacy of emergency vehicle access for the number of dwelling units ~erved. (1) 6.5 Prior to issuance of any building permits, plans for an (5) automatic fire extinguishing system where required shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy of buildings on Lots 50, 107, 109, 123, 131, 149, 161 and 162. (1) 6.6 Prior to the issuance of any building permits, plans for (5) any controlled entry access shall be approved by the Fire Chief. These details shall include width, clear height and means of emergency vehicle over-ride. Installation of controlled entry access will have an impact on emergency vehicle response times. (1) 6.7 Prior to the issuance of any certificates of use and (5) occupancy, the private streets shall be red curbed and posted "No Parking - Fire Lane" as per 1985 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. (1) 6.8 Prior to the issuance of any certificates of use and (5) occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per Orange County Fire Department Standard. On private property these markers are to be maintained in good condition by the property owner. (5) 6.9 Ail residences shall use materials, Class A minimum. fire-resistant roofing Exhibit A Resolution No. 3394 Page 10 (5) 6.10 Prior to issuance of any grading permits, a fuel modification plan and program shall be approved by the Fire Chief. The plan shall show the special treatment to achieve an acceptable level of risk in regard to the exposures of structures to flammable vegetation and shall address: The method of removal and installation, mechanical or hand labor, and provisions for its continuous maintenance. The approved fuel modification plan shall be installed prior to the issuance of building permits, under the supervision of the Fire Chief, and completed prior to the issuance of applicable use and occupancy permits. Contact the Wildland Fire Defense Planning Section at 744-0498 for requirements. (5) 6.1~ Prior to the issuance of any precise grading permits, plans for all streets and courts, public or private, shall be submitted to and approved by the Chief. The plans shall include s~ctional views, and indicate the width measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked. (5) 6.~2 Prior to the issuance of any precise grading permit, street improvement plans with fire lanes shown shall be submitted to and approved by the Chief. Indicate the locations of red curbing and signage. Provide a drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color. 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. 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. 3394 Page 11 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. 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, as amended, and may 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. of Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. 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 their recordation. CC&R's shall include but not be limited to the following provisions: Exhibit A Resolution No. 3394 Page 12 A® Be C, D. Fe 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 of those CC&R provisions in which the City has interest, as reflected by the following B through U. However, the City shall not be obligated to enforce the CC&R's. The requirement that association, bylaws established. be Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, recreation areas, pools and spas, private parks, 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 and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. Maintenance standards shall be provided ~or 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, free of debris and free of weeds. All planted areas other than lawns shall be free of weeds, dead vegetation and debris. 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 property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. Exhibit A Resolution No. 3394 Page 13 G , H. I · · 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 e>:terior improvements shall conform to requirements set forth by the City and the CC&R's. Residents shall not store or park any non-motorized v~hicles, 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 of 342 parking spaces shall be permanently maintained at a rate of two garage spaces per each dwelling unit. An additional 342 open and unassigned guest spaces shall also be permanently provided. Exhibit A Resolution No. 3394 Page 14 Jo ne M, O, Pe Individual units shall not have separate external television and radio antennas. Either a central antenna shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be prewired and served by an underground cable antenna service provided by a company licensed to provide such service within the city. Ail utility services serving the site shall be installed and maintained underground. The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. The Association shall be responsible for establishing and following procedures for providing entry gate access to the public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall (include if the wall is located on private property) or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to 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. The CC&R's shall include provisions to prohibit parking on driveways less than 19 feet in length to ensure that clear pedestrian and street access is maintained. Said restriction shall identify each affected unit by unit-number. In addition, deed restrictions for each affected unit shall be recorded to ensure notification of all future owners. Exhibit A Resolution No. 3394 Page 15 Qe Maintenance of all landscaped areas adjacent to Pioneer Road and Peters Canyon Road shall be by the Homeowners Association. R. 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 (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. S · Maintenance of all slopes, drainage devices on slopes, landscaped areas on Lots A - V and those side and rear yard areas on individual lots outside of fenced yard areas shall be the responsibility of the homeowners' association. T· Maintenance of all slopes and drainage devices on individual lots within fenced yard area shall be the responsibility of the individual property owner. U· Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement. TENANT/HOMEBUYER NOTIFICATION (1) 9.~ Prior.to issuance of Certificate of Occupancy: A document separate from the deed shall be prepared which will be an information notice to future tenants/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. 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). Exhibit A Resolution No. 3394 Page 16 (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 tenant/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. (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. S. City of Tustin 1982 Landscaping and Lighting District as amended. Co That the project is located within a Mello Roos District. FEES (1) ~0.1 Prior to recordation of any final map, Subdivider shall pay plan check and inspection fees for all public and/or private infrastructure improvements within 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 any Assessment District No. 86-2. (1) ~0.3 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. Exhibit A Resolution No. 3394 Page 17 ae Building plan check and permit fees to the Community Development Department based on the most current schedule. Be New development fees in the amount of $ 350 per unit to the Community Development Department. Ce Required East Tustin Facility Fees to the Community Development Department as may be adjusted annually to reflect cost of living increases: 1) 2) 3) Civic Center Expansion Fee in the amount of $68,842 Irvine Boulevard Widening Fee in the amount of $7,650 Fire Protection Facility Fee in the amount of $50,250 D, Ee Major thoroughfare 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. He 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 COUl%~¥ CLERK in the amount of $25.00 (twenty-five 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.