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HomeMy WebLinkAboutPC RES 29381 2 3 4 5 G'. 7 8 9 10 11 12 13 14 15 1 r., 17 18 l~ 20 21 22 23 24 2J 2G 27 28 RESOLUTION NO. 2938 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 14381 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. 14381 was submitted to the Planning Commission by The Bren Company, for consideration. B. That a public hearing was duly called, noticed and held for said map on August 12, 1991. C. 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. D. 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 detached dwellings. E. The 1.5810 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 14381 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. 1 2 3 4 J 7 8 ~, 9~~ l0l 11 12, 13 14 15 1G 17 18 1J 20 21 22 23 24 25 2G 27 28 Resolution No. 2938 Page 2 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. I. 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. 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. 14381 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 12th day of August, 1991. DONALD LE JEUNE ~ Chairman KATHLEEN CLANCY, Secretary 1 2 3 4 5 7 8~~ 9 10 11 12 13 14 15 1G 17 18 1~ 20 21 22 23 24 25 2G 27 28 Resolution No. 2938 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2938 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of August, 1991. KATHLEEN CLANCY Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 14381 RESOLUTION NO. 2938 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 1.1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and construct or post security guaranteeing (3) construction of all public and/or private, infrastructure (G) improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: A. Curb and gutter/cross gutters B. Sidewalks including access facilities for physically handicapped persons C. Drive aprons/approach D. Street paving E. Street signing and paving F. Landscaping/irrigation facilities G. Sanitary sewer service facilities H. Domestic water service facilities I. Reclaimed water service facilities J. Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities) K. Traffic signal systems and other traffic control devices L. Street and paseo lighting M. Storm drains and subdrains (* The private storm drain facilities within this tract will be maintained by homeowner's association) N. Undergrounding of existing and proposed utility distribution lines 0. Lot monumentation P. Fire hydrants Q. Bus stops and other facilities such as bus shelters and benches (1) The amount of acceptable security for construction of public (6) 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) 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. 2938 Page 2 (1) 1.2 All construction within a public right-of-way and/or 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) 1.3 All changes in existing curbs, gutters, sidewalks and other 6) public improvements shall be responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: (2) (6) A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. B. A domestic water system must be to the standards of the Irvine Ranch Water District/City of Tustin Water Service, 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. 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) 1.5 Proposed streets shall be designed to the (5 ) f ollowing 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. B. All streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used. Exhibit A Resolution No. 2938 Page 3 C. 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. D. Parking shall only be permitted on streets as approved by the Police and Fire Departments. Signage and red curbing shall be installed where appropriate. E. Street names are subject to approval of the Tustin Street Naming Committee and Community Development Department. F. The natural grey concrete banding with light retardent finish shown within the motor court intersections shall be a continuous border treatment within the paved width of the private drive portion of the motor court. (1) 1.6 Streets, storm drain, water and sewer improvement plans (6) shall comply with the "City of Tustin" Minimum Design (8) Standards for On-site Street and Storm Drain Improvements may have been modified by approval of a cluster concept. (5) 1.7 A traffic signal is required at the intersection of Patriot Way and Pioneer Road. The subdivision shall be responsible for 25 percent of the cost of that signal. The City will require a cash deposit in the amount of $37,500 prior to . approval of final map. DEDICATIONS/RESERVATIONS~EASEMENTS (1) 2.1 The subdivider shall satisfy dedication and/or reservation (2) requirements as applicable, including but not limited to (5) dedication of all required street and flood control (6) right-of-way easements, vehicular ac cess rights, sewer (8) easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. (1) 2.2 Lots 69, 89, 90, 111, 112, 113, 114, 115, 116, 117, 118, 119 *** and 120 encroach into the 42-foot-wide storm drain easement. No permanent structures will be permitted over this easement. Exhibit A Resolution No. 2938 Page 4 *** 2.3 The four private "drives", located along the northeast portion of the tract, will be required to be upgraded to private street standards of 28 feet to 32 feet paved street width dependent upon on-street parking provisions, should these roadways ever serve additional dwelling units in the event that the Eastern Transportation Corridor reservation lot is abandoned. At that time, the 3.5-foot wide sidewalk easements measured from back of curb shall be installed and the parallel "pop-out" parking condition shall be removed. *** 2.4 Upon determination of the ultimate right-of-way required for (4) the development of the Eastern Transportation Corridor, the subdivider shall submit for review and approval by the Directors of. Community Development and Public Works, any modifications to the approved development plan for Vesting Tentative Map 14381. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the final map, subdivider shall post (2) with the Community Development Department a minimum $2,500 (6) 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) 3.2 Any damage done to existing street improvements and utilities (6) 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 Excavation 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 Resolution No. 2938 Page 5 B. Preparation and submittal of a grading plan subject to approval by the Department of Community Development delineating the following information: 1. Methods of drainage in accordance with all applicable City standards. 2. All recommendations submitted by geotechnical or soils engineer and specifically approved by them. 3. Compliance with conceptual grading shown on tentative tract map. 4. 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. b. Elimination of any sheet flow and ponding across lot lines. c. Provision of drainage facilities to protect the lots from any high velocity scouring action. d. Provision for tributary drainage from adjoining properties. *** 5. All flood hazard areas of record. 6. 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. 7. Note on plans that a qualified paleontologist/ archeologist, as appropriate, shall be present during rough grading operations. If resources are found , work sha 11 stop in the a f f ected area and a 11 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 Exhibit A Resolution No. 2938 Page 6 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. 8. 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. 9. Prior to approval of a rough and precise grading, said plans shall be reviewed by a certified arborist to ensure that the proposed grading will not adversely affect the eucalyptus windrow on the tract's southern property line. Arborist shall be employed by City of Tustin and applicant shall reimburse City for costs of said survey. Applicable recommendations or changes to the site plan shall be implemented. C. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. (1) 4.2 All earthwork shall be performed in accordance with the City (3) 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 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 wi 11 be evaluated and approved by the Chief . (5) 5.2 Prior to the issuance of any building permits for combustible 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 requirements and fire-flow prior to commencing construction with combustible materials. (5) 5.3 Prior to the issuance of any building permits, a construction phasing plan shall be submitted to and approved by the Fire Chief . The purpose of this review is to evaluate the adequacy Exhibit A Resolution No. 2938 Page 7 of emergency vehicle access for the number of dwelling units served. (5) 5.4 Prior to the issuance of any certificates of use and occupancy, all street(s) having a curb-to-curb width of less than 36 feet shall be red curbed and posted "No Parking--Fire Lane" as per 1988 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. (5) 5.5 Prior to the issuance of any building permits, all underground piping for automatic fire extinguishing systems shall be approved. Plans for an automatic fire extinguishing system shall be approved by the Fire Chief prior to installation. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. The following lots~are subject to this requirement: 1, 3, 10-15, 20-26, 28, 30-33, 35, 36, 38, 40-4G, 51-55, 60, 62, 63, 65, 71, 73-77, 81, 83- 88, 92, 94-98, 100, 107, 108, 110, 113-119, 123-127, 131, 133- 136, 140, 141, 144 and 150-155. NOISE (1) 6.1 Prior to the issuance of any building permits: (2) (3) 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. All 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 dBa CNEL in outdoor areas and an interior standard of 45 dBa CNLL 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. (1) 6.2 Prior to issuance of any Certificates of Use or Occupancy, (3) field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with Exhibit A Resolution No. 2938 Page 8 STC and IIC design standards. (1) 6.3 All construction operations including engine warm up shall be (9) 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 G: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~R (1) 7.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, (8) covenants, conditions, and restrictions shall be Submitted to (9) 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: A. 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 N. However, the City shall not be obligated to enforce the CC&R's. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences and paseos. D. Membership in any Homeowner's Association and Master Association shall be inseparable from ownership in individual lots. E. 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, Exhibit A Resolution No. 2938 Page 9 awnings, room additions, exterior mechanical equipment, television and radio antenna. F. 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) All 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, 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. G. 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 . Al l plans submitted to the City shall bear the Association's stamp and authorized signature of approval. Exhibit A Resolution No. 2938 Page 10 H. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking or driveway area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. I. All utility services serving the site shall be installed and maintained underground. J. 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. K. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. L. 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. M. 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. N. Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the five-foot public utility easement behind the private street right-of-way. Where such facilities are located on private property within the utility easement, notification shall be given to those owners as to the locations, types and quantities of all facilities as it Exhibit A Resolution No. 2938 Page 11 relates to their specific property. O. Maintenance of all manufactured slopes on individual lots shall be the responsibility of the individual property owners. P. Lots 69, 89, 90, 111, 112, 113, 114, 115, 116, 117, 118, 119, and 120 encroach into the 42-foot-wide storm drain easement. No permanent structures will be permitted over this easement. Block walls will be permitted but the Property Owners/Homeowners Association will be responsible for any replacement cost if the block walls need to be removed due to any storm drain reconstruction/repair. Q. Individual lots maintaining driveway lengths of nine feet-six inches or less shall prohibit the parking of vehicles. R. 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/acknowledgement, by each new homeowner in the subdivision: 1. Project has .5 guest spaces per unit; individual owners shall have no right to use guest spaces for any vehicle. 2. Individual owners shall park vehicles in garage space or on driveway area provided vehicles do not overhang the public right-of-way or sidewalk easements. 3. Individual owner understands that the subdivision has strict parking regulations that will be enforced by the homeowner's association. Exhibit A Resolution No. 2938 Page 12 4. Should an individual owner own more than two vehicles, additional vehicles shall be kept outside of the subdivision boundaries. ~-- 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. S. CC&R's shall include notification to 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 or purchaser(s) lot, and that the City of Tustin makes no claim, warranty or guarantee that views from any unit or lot will be preserved as development of surrounding properties occur. TENANTJHOMEBUYER 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 tenants/homebuyers of aircraft noise impacting the subdivision, 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. B. The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/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 rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. C. The subdivider shall provide approved aircraft/helicopter contain a disclosure documen the City with a copy of the noise statement which shall t on aircraft notification. Exhibit A Resolution No. 2938 Page 13 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. D. 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. E. The Subdivider shall provide the City with a statement, signed by each tenant/homebuyer, containing a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. (1) 8.2 Subdivider shall notify all potential homebuyers of the (6) following Assessment/Maintenance Districts affecting the property: A. Assessment District 86-2 B. City of Tustin 1982 Landscaping and Lighting District as amended. FEES (1) 9.1 Prior to recordation of any final map, Subdivider shall pay (3) plan check and inspection fees for all public and/or private (6) infrastructure improvements within City's responsibility (9) excluding those financed by an Assessment District. (1) 9.2 Prior to issuance of certificates of use or occupancy, the (6) 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 Districts applicable to the subdivision. Exhibit A Resolution No. 2938 Page 14 (1) 9.3 Prior to issuance of any building permits, payment shall be (3) made of all required fees including: (6) (9) A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C. Grading plan checks and permit fees to the Community Development Department. D. All applicable Building plan check and permit fees to the Community Development Department. E. New development fees to the Community Development Department. F. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. G. Required East Tustin Facility Fees as'may be adjusted to reflect cost of living increases prior to issuance of building permits: 1) Civic Center Expansion Fee 2) Irvine Boulevard Widening Fee 3) Fire Protection Facility Fee 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) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enable the City to file the Notice of Determination required under Public Resources code Section 21151 and 14 Cal. Code of Regulations 15094. 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. In addition, should the Department of Fish and game reject the Certificate of Fee Exemption f i led 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 Exhibit A Resolution No. 2938 Page 15 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. RFNFT? a T. (1) 10.1 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) 10.2 Prior to occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 10.3 Prior to final map approval. A. Subdivider shall submit a current title report. B. Provision for landscaping maintenance of landscape lots, paseos and easements adjacent to project private streets shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 14381. C. 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 plans prior to Certificate of Acceptance. (1) 10.4 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) 10.5 The cumulative number of residential units for which (9) certificate of occupancy may be issued shall not exceed the (5) cumulative total of square feet of occupied revenue generating (2 ) uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. *** 10.6 Prior to release of building permits, all conditions of approval of Design Review 90-55 of the subject project shall be complied with as shown on Exhibit A attached to Resolution Exhibit A Resolution No. 2938 Page 16 No. 2936 and incorporated herein by reference. However, applicant will be permitted to obtain building permits for model unit construction prior to approval of Final Map 14381 provided all Building Code requirements have been met including Public Works, Fire Department and Community Development Department requirements and approvals. *** 10.7 Should the subdivider process multiple final maps, that map containing the recreation facility shall be recorded first or concurrently with any other map. AEB:nm