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HomeMy WebLinkAboutPC RES 32901 RESOLUTION NO. 3290 --- 6 10 11 12 13 14 15 16 17 18 19 2O 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. 14934. 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. 14934 was submitted to the Planning Commission by D&D Development Company, Inc. for consideration. Bo That a public hearing was duly called, noticed and held for said map on July 25, 1994, by the Planning Commission. Ce That a Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act for the subject project. De That the proposed subdivision is in conformance with the Tustin Area General Plan and Subdivision Map Act as it pertains to the development of residential property. Ee That the project has been reviewed for consistence with the Air Quality Sub-Element of the Clty of Tustin General Plan and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element. Fe That Vesting Tentative Tract 14934 would not have an impact on School District facilities. Ge 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 No. 3290 Page 2 Jo Ke 0 Me Ne That the design of the subdivision or the type of improvements proposed will not conflict with easement acquired by the public at large, for access through or use of the property within the proposed subdivision. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. The proposed project has been reviewed for conformity with the provisions of the Orange County Congestion Management Program, and the approval body has determined that the additional traffic generated by the proposed project onto the CMP Highway System does not cause the system to exceed the established level of service standards. The proposed project has been determined to be exempt from the provisions of Measure "M" in that the additional traffic generated by the proposed project onto the Arterial Highway System does not cause the roadway system to exceed the established level of service standards. That the dedication of right-of-way along the Newport Avenue frontage to accommodate the future realignment of Newport Avenue, as well as access to the subject property and the property to the north, and the construction of the cul-de-sac to the ultimate configuration to the greatest extent feasible, would reduce traffic and circulation impacts to an acceptable level. In addition, the City's agreement to construct future improvements on Newport Avenue along the project frontage associated with the realignment of Newport Avenue would constitute a "rough proportionate" obligation the City would have for right-of-way acquisition. There is a reasonable relationship between the need for the dedication and the type of development proposed as the dedication area would provide direct benefit to the future residents of the development by providing access to the project and mitigating individual and cumulative traffic impacts that would be created by the development. 5 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 Resolution No. 3290 Page 3 II. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map No. 14934, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 25th day of July, 1994. Recording Secretary Chairperson 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. 3290 wa~ duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of July, 1994. Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 14934 RESOLUTION NO. 3290 CONDITIONS OF APPROVAL (2) (3) (5) PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS 1.1 Prior to recordation of final map, the Subdivider shall prepare plans for and construction or post security guaranteeing construction of all public and/or private, infrastructure improvements within the boundary of said tract map, with the exception of ultimate street improvements along Newport Avenue, in conformance with applicable city standards, including but not limited to the following: ae Ce D. E. F. G. H. I. J. K. Curb and gutter/cross gutters. Sidewalks including access facilities for physically handicapped persons. Drive aprons/approach Street paving Street signing and paving Street trees Sanitary sewer facilities Domestic water facilities Storm drain connection Undergrounding of existing and proposed utility distribution lines ~ Lot monumentation Fire hydrants Construction of the entrance cul-de-sac will be required at this time with an interim connection to the existing alignment of Newport Avenue. The design of this cul-de- sac shall accommodate to the greatest extent feasible the future alignment of Newport Avenue in order to minimize reconstruction at a future date. The amount of acceptable security for construction of 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. SOURCE CODES (1) STANDARD CONDITION ( 5 ) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW ** * EXCEPTION RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 2 (1) 1.Z All construction within a public right-of-way and/or public easement must be shown on a separate 24" x 36" plan a~ prepared by a California Registered Engineer with all construction referenced to applicable City or County standard drawing numbers. (1) ~.3 Ail changes in existing curbs, gutters, sidewalks and (6) other public improvements shall be the responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: ae Ail 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 Orange County Sanitation District. S · A domestic water system must be to the standards of the City of Tustin Water Service. 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 City of Tustin Water Service. C· Sewer and water facilities shall be clearly indicated as private improvements. Maintenance access to sewer and water facilities shall be the responsibility of the property owner and accommodations for such access shall be established prior to building permit issuance. (1) 1.5 Proposed streets shall be designed to the following (5) specifications: (6) A. All proposed streets 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 streets and drives shall be constructed in accordance with City requirements in terms of type and quality of material used. Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 3 Ce Sidewalk areas shall flare around the placement of all above ground facilities, such as signing, street lights and fire hydrants unless located outside of sidewalk widths within public utility easement areas. De The right-of-way line shall be located 10' behind the curb face around the entire cul-de-sac pursuant to the city of Tustin local street standard. Ee A minimum 5 foot wide utility clear sidewalk will be required along the southerly side of the interim improvements from the existing sidewalk along Newport Avenue to the on-site sidewalk adjacent to Lot AF. (1) ~.6 On-site private streets and drives, storm drain, water (6) and sewer improvement plans shall comply with the "City of Tustin Minimum Design Standards for On-Site Street and Storm Drain Improvements" except as modified by the Building Official. (5) ~.7 A 24" x 36" reproducible work area traffic control plan prepared by a California Registered Traffic Engineer shall be provided prior to permit issuance. (1) 1.8 A complete hydrology study and hydraulic calculations (5) shall be submitted for review and approval prior to permit issuance. (5) 1.9 In addition to the normal full size plan submittal process, all final plans for tract maps, right-of-way maps, records of survey, and public works improvements are also required to be submitted to the Public Works Department/Engineering Division in computer aided drafting and design (CADD) format. The acceptable formats shall be Intergraph 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. Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 4 As an option, the applicant may submit manually prepared plans and in lieu of CADD files, pay a "processing fee" to the City to have the drawings converted into CADD format. This fee will cover the City's costs to transfer the information from the above noted plans to CADD so that it can be integrated into the City's infrastructure base map. The processing fee will be determined on a case by case basis after the plans have been submitted for review. (1) ~.~0 Ail utilities exclusively serving the site shall be undergrounded. (1) ~.~ On-street parking on Newport Avenue will be prohibited once the ultimate future improvements have been installed. (5) ~.~Z The applicant shall be required to obtain all applicable approvals and permits from the Orange County Flood Control District for connection to the existing flood control channel. (7) ~.~3 Vehicular and pedestrian access to the Carfax Drive cul- de-sac shall be limited to emergency access only except as herein provided. Pedestrian access to the Carfax Drive cul-de-sac shall be eliminated from the proposed plans. All access and gate details shall be subject to final review and approval of the Orange County Fire Department and the Community Development Department. In the event approval from the School District can be obtained, the Community Development Department shall be authorized to approve pedestrian access across School District property to Service Road. Full vehicular and pedestrian access shall be permitted to the Carfax Drive cul-de-sac only during the period of construction related to the realignment of Newport Avenue as determined by the Public Works and Community Development Departments. No construction vehicles shall be permitted through the Carfax Drive cul-de-sac access at any time. The Public Works and Community Development Departments shall coordinate with adjacent home owners to ensure the least disruption to their neighborhood during this period of construction." Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 5 DEDICATIONS/RESERVATIONS/EASEMENTS (1) 2.1 The subdivider shall satisfy dedication and/or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street and flood (6) control right-of-way easements as identified on the subject tentative tract map and as conditioned in this Exhibit, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. (1) 2.2 Street right-of-way shall be dedicated to the City along (2) Newport Avenue to accommodate the ultimate street width, (5) alignment and area of Newport Avenue along with slope (6) maintenance easements adjacent to this development. Subject to Redevelopment Agency approval, staff will recommend to the Agency that the applicant enter into a reimbursement agreement with an incentive payment for provisions of affordable housing under the terms of Redevelopment Law. The City's provisions of future improvements along Newport Avenue will constitute any "rough proportionate" obligation the City would have for right-of-way acquisition along Newport Avenue. The traffic and circulation impacts discussed on pages 6 through 9 in the July 25, 1994 Staff Report to the Planning Commission are incorporated herein by reference. (1) 2.3 Street right-of-way shall be dedicated to the City for (2) the cul-de-sac into this development from the existing (5) alignment as well as the proposed alignment of Newport (6) Avenue including accommodating public access into the adjacent property to the north. This dedication requirement would constitute a "rough proportionate" obligation as this cul-de-sac would serve as the primary access point to the development. The traffic and circulation impacts discussed on pages 6 through 9 in the July 25, 1994 Staff Report to the Planning Commission are incorporated herein by reference. (2) 2.4 The right-of-way line shall be located ten (10) feet (5) behind the curb face around the entire cul-de-sac on Newport Avenue, except behind the entry island which shall be five (5) feet behind the curb face. Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 6 (2) Z.$ The developer shall also be required to enter into an (5) agreement with the City for the landscape and maintenance of the dedication areas along Newport Avenue until Newport Avenue is realigned. (5) Z.6 Ail dedications shall also state that the City of Tustin shall be permitted to obtain, at no cost, a right-of- entry for all on-site joins when the ultimate street improvements are constructed. The right-of-entry shall terminate on the date that the Notice of Completion is recorded at the Orange County Recorder's office. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the final map, subdivider shall (2) post with the Community Development Department a minimum (6) $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 incremeQtal deposit will be required. (1) 3.2 Any damage done to existing street improvements and (6) 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) 3.3 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) 4.1 Prior to issuance of grading permits: (2) (6) 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 - Conditions of Approval VTT 14934 Reso. No. 3290 Page 7 Be Preparation and submittal of a grading plan subject to approval by the Department of Community Development delineating the following information: I · · · Methods of drainage in accordance with all applicable City standards. All recommendations submitted by geotechnical or soils engineer and specifically approved by them. 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 ce de 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 ma~ 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 across lot lines. Provision of drainage facilities to protect the lots from any high velocity scouring action. 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 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. Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 8 *** 7. Note on plans that a qualified paleontologist/ archeologist, as appropriate, shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archeologist 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/archeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. · 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 egrth problems. (1) 4.Z Ail earthwork shall be performed in accordance with the (3) City of Tustin Municipal Codes and grading requirements. FIRE DEPARTMENT (5) 5.1 Prior to the recordation of a final tract map, water improvement plans shall be submitted to and approved by the Fire Chief to ensure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution for the fire hydrants will be evaluated and approved by the Chief. (5) 5.Z Prior to the issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to and approved by the Fire Chief. This letter and plan shall state that water for fire fighting purposes and an all weather fire access roads shall be in place before any combustible materials are placed on the site. Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 9 (5) 5.3 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Department Standard. On private property these markers are. to be maintained in good condition by the property owner. (5) 5.4 Prior to the issuance of any grading permits, plans for all streets and courts, public or private, shall be submitted to and approved by the Fire Chief. The plans shall include sectional views, and indicate the width measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked. In addition, all enhanced paving shall be built to withstand the weight of 68,000 lbs. (5) 5.5 Prior to the issuance of any grading permit, street improvement plans with fire lanes shown shall be submitted to and approved by the Fire 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. (5) 5.6 Prior to the issuance of any building permits, construction details for any emergency access gate shall be submitted to and approved by the Fire Chief. Contact the Orange County Fire Department at (714) 744-6623 for a copy of the "Guidelines for Fire Department Emergency Access." Increase the gate width from 12 feet to 13 feet at the entrance. The exit gate shall comply with requirement for turning clearances. (5) 5.7 Prior to the recordation of a final tract map, all fire protection access easements shall be approved by the Fire Chief and dedicated to the appropriate county/city. The CC&R's shall contain provision which prohibit obstructions within the fire protection access easements. Fire Chief approval shall be required for any modifications such as speed bumps, control gates or changes in parking plan within said easement. Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 10 NOISE (1) 6.1 Prior to issuance of any Certificates of Use or (3) Occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (1) 6.2 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 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) 7.1 Prior to approval of the final map, all organizatiQnal (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: 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 of those CC&R provisions in which the City has interest, as reflected by the following B through Q. However, the City shall not be obligated to enforce the CC&R's. S. The requirement that association established. bylaws be Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 11 Ce De Ee Fe Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences and paseos. Membership in any Homeowner's Association shall be inseparable from ownership in individual dwelling units. Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: ~ (1) Ail common area landscaping and private lawn 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 above the level of the lawn. 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. (2) 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, Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 12 G· H· I · Je Ko 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 the boundaries of the subdivision and Homeowner's Association, to surrounding property, or to property 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. All plans submitted to the City shall bear the Association's stamp and authorized signature of approval. 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 Homeowner's Association may adopt rules and regulations to authorize exceptions. 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. Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 13 Lo Me N, Oe Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary by a Homeowner's Association. This shall not preclude a Homeowner's Association from assessing charges to individual property owners for structural damage to the wall or fence. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall 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 effective without the prior written approval of the City of Tustin Community Development Department. Maintenance of all manufactured slopes on individual lots shall be the responsibility of the individual property owners. The Homeowners' Association is responsible for monitoring and enforcing any and all parking and traffic regulations on private streets. 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 within the private development. Said program may include provisions for levying fines, collecting fines and enforcement/monitoring by private security companies/persons. To ensure the proper use of parking spaces within the subdivision, CC&R's shall include the following acknowledgements and restrictions, which shall also be signed as a separate notification and acknowledgement, by each new homeowner in the subdivision: Project has .5 guest spaces per unit; individual owners shall have no right to use guest spaces for any vehicle. Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 14 · · Individual owners shall park vehicles in garage spaces provided vehicles do not overhang the public or private right-of-way or sidewalk easements. Individual owner understands that the subdivision has strict parking regulations that will be enforced by the homeowner's association. · Should an individual owner own more than two vehicles, additional vehicles shall be kept outside of the subdivision boundaries. · On-street parking on Newport Avenue will be prohibited once the ultimate future improvements have been installed. 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. HOMEBUYER NOTIFICATION (1) 8.1 Prior to issuance of Certificate of Occupancy: (2) A. A document separate from the deed, which will be an information notice to future homebuyers of noise impacting the subdivision from John Wayne Airport, Newport Avenue (existing and future) and'the AT&SF railroad, shall be recorded. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 15 Be Ce Do Ze Fe The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of sales literature for the residential project with the approved aircraft/helicopter noise statement and the approved schools notification statement, printed on it. Any changes to the sales literature after initial City approval shall be submitted to the Director of Community Development for approval. The subdivider shall provide the City with a copy of the approved aircraft noise statement which shall contain a disclosure document on John Wayne Airport aircraft noise. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. 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. The Subdivider shall provide the City with a statement, signed by each homebuyer, containing a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. The subdivider shall provide the City with a copy of disclosure document related to the future construction and realignment of Newport Avenue including the fact that residents would experience short term noise, traffic and access impacts to the development. Said document must be signed by each homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 16 Director of Community Development prior to circulation. G® The subdivider shall provide the City with a copy of disclosure document indicating that on-street parking on Newport Avenue will be prohibited once the ultimate future improvements have been installed. The document shall also indicate that the landscape treatment and setback provided along Newport Avenue would be significantly altered, including adjustments to finish grade contours and slopes, once the ultimate future improvements have been installed. Said document must be signed by each homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. AFFORDABLE HOUSING PROGRAM *** 9.1 The applicant shall prepare an affordable housing program (2) in compliance with applicable provisions of California Community Redevelopment Law. A total of 21 u~its developed (15%) must be affordable to low and moderate income persons and households. Of those 21 units, 8 units (40% of affordable units which equals 6% of total project) must be affordable to very low income households. Affordable expense is defined to include principal and interest, insurance, taxes, utilities and association fees. California Administrative Code Title 25 Section 6920 adds several other expense items to the definition of homeowner expenses. These include ground lease fees (if any) and property maintenance fees in addition to those paid through association dues. Affordable monthly housing cost shall be defined as 30% of gross annual income for households earning up to 1002 of area median. For households earning between 100% and 120% of median income, Redevelopment Law defines housing expense at no more than 25% of gross income. In any event, the most current standards as defined by Redevelopment Law shall prevail. Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 17 *** 9.Z The units must remain affordable for the longest time (2) feasible, but for not less than the period of the land use controls established in the Redevelopment Plan. Selected dwelling units to satisfy affordable requirements shall be dispersed throughout the development so as to not concentrate the selected units in any one portion of the project based on Policy 1.4 of the General Plan Housing Element. Provisions shall be made in the CC&R's for the development and separate deed restrictions recorded on each selected property identifying the affordable housing program. *** 9.3 The latest available State Department of Housing and (2) Community Development (HCD) figures shall be used at the time building permits are issued for each affordable unit to determine Very Low Income (50% of median), Low Income (80% of median) and Moderate Income (120% of median) requirements. These figures may vary depending upon household size and adjustments to reflect the change in median income over time. Based upon published HCD figures as of June 1994, the median income for a family of four in Orange County is $58,800. Based upon the median income, the affordable units would need to affordable to those households of four with the incomes as follows: Moderate Income (120% of median) $70,560 Low Income (80% of median) $47,040 Very Low Income (50% of median) $39,900 FEES (1)' 10.1 Prior to issuance of any building permits, payment shall (3) be made of all required fees including, but not limited (5) to: a. Major thoroughfare and bridge fees to Tustin Public Works Department, as applicable. $~ Sanitary sewer connection fee to Orange County Sanitation District No. 7, as applicable. Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 18 Co Grading plan checks and permit fees to the Community Development Department. De Ail applicable Building plan check and permit fees to the Community Development Department. Ee New development fees to the Community Development Department, as applicable. Fe School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. G. In lieu park land dedication fees to the City. H. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) to enable the City to file with the County Clerk, the Notice of Determination pursuant 'to the California Environmental Qua%ity Act. If within such forty-eight (48) hour period that the applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. 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 $1,275 (one thousand two hundred seventy five 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. (5) 10.2 Prior to recordation of the final map, the subdivider shall provide executed subdivision/monumentation agreements and furnish improvement/monumentation bonds as required by the City Engineer. Exhibit A - Conditions of Approval VTT 14934 Reso. No. 3290 Page 19 GENERAL (1) 11.1 Within 24 months from tentative map approval, the Subdivider shall file 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) 11.2 Prior to occupancy of any buildings, the Subdivider sha%l record a final map in conformance with appropriate tentative map. (1) 11.3 Prior to final map approval. A. Subdivider shall submit a current title report. S · Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement p~ans prior to Certificate of Acceptance. (1) 11.4 Subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. *** 11.5 Prior to release of building permits, all conditions of approval of Conditional Use Permit 94-007 and Design Review 94-013 of the subject project shall be complied with or incorporated into applicable working drawings as shown on Exhibit A attached to Resolution No. 3289 incorporated herein by reference. (1) 11.6 Approval of Vesting Tentative Tract Map 14934 is subject to City Council approval of Zone Change 94-003. Should the City Council not approve the Zone Change, the subject Vesting Tentative Tract Map shall become null and void.