HomeMy WebLinkAboutPC RES 2826 1
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RESOLUTION NO. 2826
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY
COUNCIL APPROVAL OF VESTING TENTATIVE TRACT
MAP NO. 14183.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
a.
Be
That Vesting Tentative Tract Map No. 14183 was
submitted to the Planning Commission by The
Bren Company for consideration.
That a public hearing was duly called, noticed
and held for said map on September 10, 1990.
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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.
De
That the proposed subdivision is in
conformance with the Tustin Area General Plan,
adopted East Tustin Specific Plan, Development
Agreement and Subdivision Map Act as it
pertains to the development of single family
dwellings.
Ee
The 1.188 acres of parkland required for this
development was previously dedicated with
recordation of Tract 13627.
Fe
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 14183 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.
He
That the site is physically suitable for the
proposed density of development.
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Resolution No. 2826
Page 2
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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.
Ke
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. 14183
subject to the conditions attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 10th day of September, 1990.
K~THLEEN F~TZ~RICK
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN FITZPATRICK, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission of the
City of Tustin, California; that Resolution No. ~~ was
duly passed and adopted at a regular meeting of the Tustin
P1 a~ning Co_mmission, held on the / O ~ day of
, 199~ .
× /
Recorfling Secretary
EXHIBIT A
VESTING TENTATIVE TRACT MAP 14183
RESOLUTION NO. 2826
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 Within 24 months from tentative map approval, the
Subdivider shall record with appropriate agencies, a
final map prepared in accordance with subdivision
requirements of the Tustin Municipal Code, the State
Subdivision Map Act, and applicable conditions contained
herein unless an extension is granted pursuant to Section
9335.08 of the Tustin Municipal Code.
(1) 1.2 Prior to release of building permits, all conditions of
approval of Design Review 89-85 for the subject project
shall be complied with as shown on Exhibit A attached to
Resolution 2825 and incorporated herein by reference.
However, applicant will be permitted to obtain building
permit~ for model home construction prior to approval of
a final map provided approvals have been obtained from
the Community Development Director, Public Works and Fire
Department.
(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.
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
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. 2826
Page 2
tract map in conformance with applicable City standards,
including but not limited to the following:
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D.
E.
F.
G.
H.
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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
(1) 2.2 The amount of acceptable security for construction of
(5) public improvements shall be reviewed and approved by the
Public Works Department. The amount and acceptable
security for private improvements shall be reviewed and
approved by the Building Official.
(1) 2.3 Ail construction within a public right-of-way and/or
(5) public easement must be shown on a separate 24" x 36"
plan with all construction referenced to applicable City,
County, or Irvine Ranch Water District standard drawing
numbers.
(1) 2.4 Ail changes in existing curbs, gutters, sidewalks
(5) and other public improvements shall be 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
Exhibit A
Resolution No. 2826
Page 3
agency. These facilities shall include a gravity
flow system per standards of the Irvine Ranch Water
District.
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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.
(1) 2.6 Proposed private streets shall be designed to the
(5) following 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.
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Ail private streets and drives shall be
constructed in accordance with City
requirements in terms of type and quality of
materials used.
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Placement of all above ground facilities, such
as signing, 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.
Do
The developer shall install "Keep Right" signs
in the center median at the main entry, per
City Standards.
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The developer shall install a sign at the main
entry reading "No parking at any time, except
Exhibit A
Resolution No. 2826
Page 4
in designated areas and or stalls within the
complex".
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Prior to recordation of final map, the
proposed street names shall be reviewed and
approved by the Tustin Street Naming Committee
and Community Development Department.
(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".
DEDICATIONS/RESERVATIONS/EASEMENTS
(1) 3.1 The subdivider shall
(2)
(5)
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.
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.
Exhibit A
Resolution No. 2826
Page 5
GRADING/GENERAL
(1) 5.1 Prior to issuance of grading permits:
(2)
(5) A. A detailed soil 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.
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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.
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Ail recommendations submitted by geotechnical
or soils engineer and specifically approved by
them.
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Compliance with conceptual grading shown on
tentative tract map.
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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.
c. Provision of drainage facilities to
protect the lots from any high velocity
scouring action.
d. Provision for tributary drainage from
adjoining properties.
5. Ail flood hazard areas of record.
Exhibit A
Resolution No. 2826
Page 6
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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.
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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
r e c o m m e n d e d b y t h e
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.
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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.
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Submittal of a construction traffic routing plan to
be reviewed and approved by the Director of Public
Works.
Written approval must be obtained from adjacent
property owners for rights-of-entry for
construction activity across lot lines.
(1) 5.2 Ail earthwork shall be performed in accordance with the
(3) City of Tustin Municipal codes and grading requirements.
FIRE DEPARTMENT
(1) 6.1 Prior to recordation of a final tract/parcel map, water
(5) improvement plans shall be submitted to and approved by
Exhibit A
Resolution No. 2826
Page 7
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. F~re hydrants shall be in
place and operational to meet required fire-flow prior to
commencing construction with combustible materials.
(1) 6.3 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 served.
(1) 6.4 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.
(1) 6.5 Prior to the issuance of any building permits, plans for
(5) an automatic gate system shall be approved by the Fire
Chief. These details shall include width, clear height
and means of emergency vehicle over-ride.
(C) 6.6 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.
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
Exhibit A
Resolution No. 2826
Page 8
standards shall be submitted to the Tustin
Community Development Department for approval along
with satisfactory evidence which indicates that the
sound attenuation measures specified in the
approved acoustical report(s) have been
incorporated into the design of the project. The
acoustical analysis shall be prepared by an expert
or authority in the field of acoustics.
Ail residential lots and dwellings shall be sound
attenuated against present and projected noises,
which shall be the sum of all noise impacting the
project, so as not to exceed an exterior standard
65 dBa CNEL in outdoor living areas and an interior
standard of 45 dBa 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.
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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 warmup 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 or other
hours the Building Official may determine are 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.
CCR'S
(1) $.1 Prior to approval of the final map, all organizational
(3) documents for the project including any deed
Exhibit A
Resolution No. 2826
Page 9
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.
CCR's shall include but not be limited to the following
provisions:
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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 CCR's for enforcement purposes of
those CC&R provisions in which the City has
interest, as reflected by the following B through
R. However, the City shall not be obligated to
enforce the CCR's.
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The requirement that association bylaws be
established.
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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. The
Association shall be responsible for maintenance of
all landscaping along Greenway Drive.
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Membership in any Homeowner's Association shall be
inseparable from ownership in individual lots.
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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.
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Maintenance standards shall be provided for
applicable items listed in Section C above in
CCR's. Examples of maintenance standards are shown
below:
Exhibit A
Resolution No. 2826
Page 10
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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.
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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.
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Common areas shall be maintained in such a
manner as to avoid the reasonable
determination of a duly authorized official of
the City that a public nuisance has been
created by the absence of adequate maintenance
such as to be detrimental to public health,
safety, or general welfare, or that such a
condition of deterioration or disrepair cause
harm or is materially detrimental to property
values or improvements within three hundred
(300) feet of the property may also be added
as alternative language.
Homeowner's Association approval of exterior
improvements requiring a building permit shall be
obtained prior to requesting a building permit from
the City of Tustin Community Development
Department. All plans for exterior improvements
shall conform to requirements set forth by the City
Exhibit A
Resolution No. 2826
Page 11
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and the CCR's.
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, 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.
360 parking spaces shall be permanently and
irrevocably assigned to individual condominium
units at a rate of 2 parking spaces per dwelling.
An additional 72 guest parking spaces shall be
established and maintained within the common area
and shall be marked and used for guest parking
only.
Condominium 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.
Exhibit A
Resolution No. 2826
Page 12
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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.
TENANT/HOMEBUYER NOTIFICATION
(1) 9.1 Prior to issuance of Certificate of Occupancy:
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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.
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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
Exhibit A
Resolution No. 2826
Page 13
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.
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The subdivider shall provide the City with a copy
of the approved aircraft/helicopter noise statement
which shall contain a disclosure document on
aircraft notification. 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.
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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.
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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.
(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.
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City of Tustin 1982 Landscaping and Lighting
District as amended.
Exhibit A
Resolution No. 2826
Page 14
FEES
(1) 10.1 Prior to recordation of any final map, Subdivider shall
pay plan check and inspection fees for all public and/or
private infrastructure improvements within City's (9)
responsibility excluding those financed by an Assessment
District.
(1) 10.2 Prior to issuance of certificates of use or occupancy,
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
Districts applicable to the subdivision as identified in
Condition 9.2 above.
(1) 10.3 Prior to issuance of certificates of use or occupancy,
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) ~0.4 Prior to issuance of any building permits, payment shall
be made of all required fees including:
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Major thoroughfare and bridge fees to Tustin Public
Works Department.
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Sanitary sewer connection fee to Orange County
Sanitation District.
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Grading plan checks and permit fees to the
Community Development Department.
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Ail applicable Building plan check and permit fees
to the Community Development Department.
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New development fees to the Community Development
Department.
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School facilities fee to the Tustin Unified School
District subject to any agreement reached and
executed between the District and the Irvine
Company.
Exhibit A
Resolution No. 2826
Page 15
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Future facilities fees for
a. Civic Center Expansion
b. Irvine Boulevard Widening
c. Fire Protection Facility