HomeMy WebLinkAboutPC RES 3863RESOLUTION NO. 3863
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE
VESTING TENTATIVE TRACT MAP 16474, TO SUBDIVIDE 31.64
ACRES FOR THE PURPOSE OF DEVELOPING 376 RESIDENTIAL
UNITS WITHIN PLANNING AREA 20 OF THE MCAS-TUSTIN
SPECIFIC PLAN
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A.
That a proper application for Tentative Tract Map No. 16474 was
submitted by John Laing Homes (WL Homes LLC) requesting
subdivision of a 31.64 acre area, including 25.3 acres owned by the
City of Tustin and 6.34 acres owned by the Irvine Company, into
twenty-four (24) numbered lots and thirty (30) lettered lots for
development of 376 residential units (198 multiple family units and
178 patio homes) within Planning Area 20 of the MCAS-Tustin
Specific Plan, generally bounded by Harvard Avenue to the east,
Edinger Avenue to the south, the Peters Canyon Flood Control
Channel to the west, and a Southern California Railroad Authority
facility to the north;
a.
That a public hearing was duly called, noticed, and held for said
map on March 10, 2003, by the Planning Commission;
C.
That the proposed subdivision is in conformance with the Tustin
Area General Plan, MCAS Tustin Specific Plan, State Subdivision
Map Act and the City's Subdivision Code;
D.
That the MCAS Tustin Specific Plan process included public
conveyance of approximately 35 acres of City parks and 85 acres
of an Urban Regional Park and individual developers were relieved
of the requirement to dedicate land for park purposes; however, the
developer is required to pay a parkland dedication in-lieu fee
subject to the provisions of the City's parkland dedication
ordinance, which permits a credit for public recreational open space
if affordable housing is being provided. The subdivider is providing
1.33 acres of private parkland in the proposed subdivision and has
requested a waiver of parkland dedication fees pursuant to Section
9931 d. of the Tustin City Code for the 78 affordable housing units
to be provided in the subdivision and a credit for one (1) acre of
private parkland and park facility improvements that will be
provided and accessible to the public through public easements on
the development site;
Resolution No. 3863
TTM 16474
Page 2
Eo
That the proposed subdivision would not have an impact on school
district facilities within the Irvine Unified School District in that
school impacts for development were considered in the MCAS
Reuse Plan and in a 1996 "Agreement between the City of Tustin
and Irvine Unified School District Regarding Transfer of School Site
and other Mitigation Measures" which identified a school facility site
that will be conveyed to the Irvine Unified School District by the
Federal Department of Education to serve development of property
at the former MCAS Tustin. The Agreement, the MCAS Tustin
Specific Plan, and the Final Joint Program Environmental Impact
Statement/Environmental Impact Report (FEIS/EIR) and conditions
of approval of the proposed subdivision also require proof of
payment of appropriate school fees as adopted by the Irvine Unified
School District prior to issuance of certificates of use and
occupancy, which will be collected prior to issuance of building
permits in accordance with the City's procedures;
F,
That the site is located in Planning Area 20 of the MCAS Tustin
Specific Plan, which is designated for Medium-High Density
Residential (16-25 du/acre) development and is physically suitable
for the type of development and proposed density of development;
G,
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;
H,
The proposed subdivision is not located within a 100-year flood
plain according to the Federal Emergency Management Agency
map for the area dated August 9, 2002;
The applicant will be required to provide funding of the project's fair
share of Tustin Legacy backbone infrastructure as required by
Section 8.5.2 of Disposition and Development Agreement 03-01
approved by the City Council on March 3, 2003;
J,
That development of the site would require fee dedications along
Edinger Avenue and Harvard Avenue for improvements in the
public right-of-way for street widening and a bus turn out, and in the
northwest corner of the site for the extension of the future
improvement of the Peters Canyon Flood Control Channel upon
completion of the channel improvements. There is a reasonable
relationship between the need for the dedications 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 as identified in the FEIS/EIR that could be created by
development; and,
Resolution No. 3863
TTM 16474
Page 3
Ko
That a Final Environmental Impact Statement/Environmental
Impact Report for the MCAS Tustin Reuse Plan and Specific Plan
(FEIS/EIR) was prepared and certified, which considered the
potential development of 588 residential units and that the
proposed project includes 376 units or 212 units fewer than was
considered in the FEIS/EIR. A checklist was prepared that finds all
potential impacts of the project were addressed by the certified
FEIS/EIR and no additional impacts have been identified; all
applicable mitigation measures in the FEIS/EIR have been included
as conditions of approval. The Planning Commission has adopted
Resolution No. 3861 recommending that the City Council find that
the FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan
adequately addressed all potential impacts related to the
subdivision.
II.
The Planning Commission hereby recommends that the City Council
approve Tentative Tract Map 16474 for the subdivision of a 31.64 acre site
into twenty-four (24) numbered lots and thirty (30)lettered lots for the
purpose of developing 376 residential units (198 multiple family units and
178 patio home units), subject to the conditions contained in Exhibit A
attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 10th day of March,/2~003.
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 3863
TTM 16474
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
Planning Commission Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. 3863 duly passed and adopted at a regular
meeting of the Tustin Planning Commission, held on the 10th day of March, 2003.
ELIZABETH A. BINSACK
Planning Commission Secretary
GENERAL
(1) 1.1
(1) 1.2
(1) 1.3
(5) 1.4
EXHIBIT A - TENTATIVE TRACT MAP 16474
RESOLUTION NO. 3863
CONDITIONS OF APPROVAL
Within 24 months from tentative map approval or earlier as may be
stipulated in the Tustin Legacy Disposition Development
Agreement for Parcel 33 (DDA 03-01), 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. Prior to submittal for initial City review, all
corrections noted herein shall be made, including adding the
correct net and gross project densities.
The subdivider shall comply with all applicable requirements of the
State Subdivision Map Act, the City's Subdivision Ordinance, the
DDA 03-01, the MCAS Tustin Specific Plan and applicable
mitigation measures identified in the certified FEIS/EIR, and other
agreements with the City of Tustin.
Approval of Tentative Tract Map 16474 is contingent upon the
applicant returning to the Community Development Department a
notarized "Agreement to Conditions Imposed" form and the property
owner signing and recording with the County Clerk-Recorder a
notarized "Notice of Discretionary Permit Approval and Conditions of
Approval" form. The forms shall be established by the Director of
Community Development, and evidence of recordation shall be
provided to the Community Development Department.
The subdivider shall be required to execute bonds for horizontal
and vertical improvements including subdivision/monumentation
bonds to the City prior to recordation of the final map or issuance of
building permits, whichever occurs first.
Prior to final map approval, the subdivider shall submit:
A.
A current title report; and,
A duplicate mylar of the Final Map, or 8% inch by 11 inch
transparency of each map sheet prior to final map approval
and "as built" grading, landscape, and improvement plans
prior to Certificate of Acceptance.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibit A
Resolution No. 3863
TTM 16474
Page 2
(1) 1.6
Tentative Tract Map 16474 shall be developed in accordance with
Concept Plan 02-001, Design Review 02-037, Conditional Use
Permit 03-002, and Variance 02-004, as approved by Resolution
Nos. 3862 and 3864 and incorporated herein by reference. All
conditions of approval herein, as applicable, shall be satisfied prior
to recordation of a final map or as specified herein or in Resolution
No. 3864. Prior to approval of the final map the developer shall be
in compliance with all applicable provisions of DDA 03-01.
1.7
Prior to final map approval by the City Council, the subdivider shall
execute a hold-harmless agreement and provide a Certificate of
Insurance pursuant to Section 9325 of the Tustin City Code, unless
said agreement of insurance are required and provided under the
provisions of the DDA 03-01.
(1)
1.8
As a condition of approval of Tentative Tract Map 16474, the
applicant shall agree, at its sole cost and expense, to defend,
indemnify, and hold harmless the City, its officers, employees,
agents, and consultants, from any claim, action, or proceeding
brought by a third party against the City, its officers, agents, and
employees, which seeks to attack, set aside, challenge, void, or
annul an approval of the City Council, the Planning Commission, or
any other decision-making body, including staff, concerning this
project or from any potential flooding impacts from the adjacent
Peters Canyon Flood Control Channel. The City agrees to
promptly notify the applicant of any such claim or action filed
against the City and to cooperate in the defense of any such action.
The City may, at its sole cost and expense, elect to participate in
defense of any such action under this condition.
(*)
1.9
DDA 03-01 shall continue in full force and effect without defaults,
and all construction and completion of obligations identified in DDA
03-01 shall be satisfied, as applicable, prior to any final map
approval.
(*)
1.10
Subdivider shall not oppose any future creation of a landscape and
lighting district for maintenance within the public right-of-way or
assessment district for funding of Tustin Legacy backbone
infrastructure, or a future community facilities district for school
purposes, consistent with provisions of Sections 8.5.3 and 8.5.4 of
DDA 03-01.
(*)
1.11
Developer in a written proposal to the City has voluntarily offered to
contribute to the City one (1) million dollars ($1,000,000) to be used
for the Tustin Branch Library Expansion Project. Developer shall
provide said contribution payment to the City consistent with the
pledge agreement between the City and the developer. Said
Exhibit A
Resolution No. 3863
TTM 16474
Page 3
contribution will be used by the City for initial expenses associated
with property acquisition for the Library Expansion Project.
(*) 1.12
All entitlements noted in Resolution Nos. 3862, 3863, and 3864
shall become null and void in case of default or termination of DDA
03-01 by the developer including, but not limited to, the City's
approval of any final maps not completed at the time of default or
termination.
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 2.1
Prior to the issuance of precise grading permits or recordation of
the final map, whichever occurs first, separate 24" by 36" street
improvement or construction plans, as prepared by a California
Registered Civil Engineer, will be required for all construction within
the public right-of-way. Construction and/or replacement of any
missing or damaged public improvements will be required adjacent
to this development. Said plans shall include, but not be limited to,
the following:
a)
b)
c)
d)
e)
f)
g)
h)
Curbs and gutters;
Sidewalks, including curb ramps for the physically disabled:
All public sidewalks and trail facilities shall comply with the
provisions of the American with Disabilities Act;
Drive aprons;
Signing/striping plan;
Street paving;
Street lighting: The street lighting system for Harvard
Avenue and Edinger Avenue shall be reviewed and
approved by the City of Tustin and Southern California
Edison;
Catch basin/storm drain laterals/connections to existing
storm drain system;
Domestic water facilities and reclaimed water facilities: The
domestic water system shall be designed and installed to the
standards of the Irvine Ranch Water District. Improvement
plans shall also be reviewed and approved by the Orange
County Fire Authority 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 system shall meet the standards as required by the
Irvine Ranch Water District. In addition, the developer shall
coordinate relocation of the Irvine Ranch Water District 16-
inch water main located in the 50-foot public utility easement
adjacent to the OCTNSCRRA Railroad;
Exhibit A
Resolution No. 3863
TTM 16474
Page 4
J)
k)
m)
n)
o)
p)
q)
Sanitary sewer facilities: All sanitary sewer facilities must be
submitted as required by the City Engineer and Irvine
Regional Water District (IRWD). These facilities shall
include a gravity flow system per the standards of the Irvine
Ranch Water District;
Landscape/irrigation;
Underground utility connections: All utility lines shall be
placed underground by the developer.
Traffic signal plan: A fully signalized intersection, pedestrian
crossing, and median modification to provide left turn
pockets at Edinger Avenue and Lot A shall be provided. The
traffic signal shall be hardwire interconnected with the traffic
signal at Edinger Avenue and Jamboree Road;
Fire hydrants;
Street trees;
Streets: Harvard Avenue from Edinger Avenue to the
OCTNSCRRA Railroad north of Edinger Avenue shall be
improved to a secondary arterial highway standard per the
MCAS Tustin Specific Plan Section 2.5.2(B) and shall
include necessary drainage facilities; and,
Trails: A Class 1 Bike Trail in accordance with the County of
Orange standards parallel to OCTNSCRRA Railroad right-
of-way shall be provided. Said trail shall be constructed
within the tract boundary and a trail connection extending
across Lot DD in conjunction with any future bikeway
improvements installed within the future Peters Canyon
Channel right-of-way, which will be coordinated with Peters
Canyon Channel Improvements.
Telecommunications facilities including, but not limited to,
telephone and cable television facilities. Developer is
required to coordinate design and construction of cable
television facilities with a City franchised system operator
and shall not place an undue burden upon said operator for
the provision of these facilities.
In addition, a 24" by 36" reproducible construction area traffic
control plan, as prepared by a California Registered Traffic
Engineer or Civil Engineer experienced in this type of plan
preparation will be required.
(*)
2.2
Prior to issuance of grading permits or recordation of the final map,
whichever occurs first, preparation of a sedimentation and erosion
control plan for all work related to this development will be required.
(*)
2.3
All water supply, sanitary sewer facilities, reclaimed water supply,
storm water drainage, and other facilities shall be provided in
accordance with the MCAS Tustin Specific Plan. Costs for MCAS
Tustin backbone infrastructure as identified in DDA 03-01 shall be
Exhibit A
Resolution No. 3863
TTM 16474
Page 5
assigned in accordance with a cost-benefit formula established by
the City based on the provisions of DDA 03-01.
(*) 2.4
Prior to the issuance of precise grading permits or recordation of
the final map, whichever occurs first, the developer shall design the
location and access for trail connections at two locations along the
western boundary of the tract to provide future trail connections to
future Route 40 (Peters Canyon Channel) from the interior of the
site. The developer shall also post a bond for the estimated cost of
completing the trail connections once the section of Route 40 that is
adjacent to Tract 16474 is completed. One trail connection shall be
across Lot DD and the other shall be at a location subject to review
and approval of the Community Development Department and City
approval pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01.
(*)
2.5
Prior to issuance of precise grading permits or recordation of the
final map, whichever occurs first, the private streets shall be
designed to the following specifications:
a,
All proposed streets shall be designed with the same width
and alignment as shown on the tentative tract map and site
plan unless modified herein or as approved by the
Community Development Director. All private streets that
provide main circulation of the site shall meet the minimum
width requirement of twenty-eight (28) feet without parking
as required by Section 2.52(B)(8) of the MCAS Tustin
Specific Plan with the exception of the areas designed with
the twenty-four (24) feet for the purpose of traffic calming.
Private streets with parking on two sides shall maintain a
minimum curb to curb width of thirty-six (36) feet as required
by the MCAS Tustin Specific Plan noted section.
bo
All roadway widths and parking area widths (and lengths
where appropriate) on the plans shall be dimensioned on the
plan. For the entry off Harvard, a minimum pavement width
of twenty (20) feet on each side of the landscape island for
the entire length of the island shall be provided.
Co
A minimum 40-foot length of reduced curb height for the
Emergency Fire Access Road shall be provided and
constructed with a sufficient sidewalk thickness to
accommodate fire truck loading. Effective means of
preventing public access shall be provided.
d,
All streets of the development shall be constructed in
accordance with City requirements in terms of type, quality,
and materials and in accordance with the Construction
Standards for Private Improvements, as determined by the
Building Official.
Exhibit A
Resolution No. 3863
TTM 16474
Page 6
(*) 2.6
In addition to the normal full size plan submittal process, all final
development plans including, but not limited to, tract maps, parcel
maps, right-of-way maps, records of survey, public works
improvements, private infrastructure improvements, final grading
plans, and site plans are also required to be submitted to the Public
Works Department/Engineering Division in computer aided design
and drafting (CADD) format. The standard file format is AutoCAD
Release 14 or 2000 having the extension DWG. Likewise, layering
and linetype conventions are AutoCAD-based (latest version
available upon request from the Engineering Division). In order to
interchangeably utilize the data contained in the infrastructure
mapping system, CADD drawings must be in AutoCAD "DWG"
format (i.e., produced using AutoCAD or AutoCAD compatible
CADD software). The most current version of AutoCAD is Release
2000. Drawings created in AutoCAD Release 14 are compatible
and acceptable.
The CADD files shall be submitted to the City at the time the plans
are approved and updated CADD files reflecting "as built"
conditions shall be submitted once all construction has been
completed. The subdivision bonds will not be released until the "as
built" CADD files have been submitted.
DEDICATIONS/RESERVATIONS/EASEMENTS
(*) 3.1
The subdivider shall satisfy dedication and/or reservation
requirements as applicable, including but not limited to, dedication
of all required public street and flood control right-of-way
easements, vehicular access rights, bikeway per DDA 03-01, sewer
easements and water easements defined and approved as to
specific locations by the City Engineer and other agencies,
including, but not limited to, the following:
ao
Dedication or perpetual easement for public use of a one (1)
acre portion of private parkland, including multi-purpose park
field areas for active recreational open space and a tot lot.
The subdivider shall provide a perpetual easement and
public access agreement in favor of the City in form and
substance acceptable to the City for the benefit of the public
providing in perpetuity and at no cost to the City and the
easement shall include, but not be limited to, the following:
1) the right of the public to use the park facilities; and, 2) the
provision of public park access to and from said facility along
and across Lot A (private street) within the project and
maintenance of the park facility by the developer and its
successors and assigns including the future homeowners
association in compliance with all provisions of DDA 03-01.
Exhibit A
Resolution No. 3863
TTM 16474
Page 7
b.
Dedication in fee of additional street right-of-way along
Edinger Avenue at the bus turn out shall be provided and
shown on the map.
C.
Dedication in fee of appropriate corner cut-offs at the
intersection of Harvard Avenue and Deerfield/Lot A, the
northwest corner of Harvard Avenue and Edinger Avenue,
and at Edinger Avenue and Lot A shall be provided and
shown on the map.
d.
Dedication of an Irvine Ranch Water District water easement
at the northwest corner of the property and terminus of Lot G
shall be provided and shown on the map.
e.
Dedication to the City of Tustin of an easement for public
access and use of the ten (10) foot wide bikeway on Lots BB
and DD shall be provided and shown on the map and
required maintenance of the trail by the developer and its
successors and assigns including the future homeowners
association.
Dedication of a forty (40) foot wide area in Lot DD to the City
of Tustin to accommodate future channel widening and the
extension of the bikeway to be located on Lot BB including a
connection to Peters Canyon on Lot DD.
All dedications and/or offers of dedication shall also state that the
City of Tustin shall be permitted to obtain, at no cost, a right-of-
entry and temporary construction easement for all on-site joins
when the ultimate street improvements are constructed. The right-
of-entry and temporary construction easement shall terminate on
the date that the Notice of Completion is recorded at the Orange
County Recorder's office.
(~)
3.2
A traffic signal equipment and maintenance easement shall be
required on Lot A at Edinger Avenue.
CC&RS
(1)
4.1
Prior to issuance of building permits or recordations of the final map
whichever occurs first, all organizational documents for the project
including any covenants, conditions, and restrictions (CC&Rs) shall
be submitted to and approved by the Community Development
Department, City Attorney's Office, and Special Counsel and
recorded with County Recorder's Office. Costs for such review
shall be borne by the subdivider. A copy of the final documents
shall be submitted to the Community Development Department
after recordation.
Exhibit A
Resolution No. 3863
TTM 16474
Page 8
No dwelling unit in the development shall be sold or a Certificate of
Occupancy issued, unless a homeowners association has been
legally formed with the right to assess all these properties which are
jointly owned or benefited to operate and maintain all other mutually
available features of the development including, but not limited to,
open space, amenities, landscaping, or slope maintenance
landscaping, private streets, and utilities. No dwelling unit shall be
sold unless all approved and required open space, amenities,
landscaping, or other improvements, or approved phases thereof,
have been completed or completion is assured by a development
agreement or financing guarantee method approved by the City.
CC&Rs shall include, but not be limited to, the following provisions:
A. All requirements of Section 8.10 of DDA 03-01.
Bo
The City shall be included as a party to the CC&Rs for
enforcement purposes of those CC&R provisions in which
the City has interest as reflected in the following provisions.
However, the City shall not be obligated to enforce the
CC&Rs.
C. The requirement that association bylaws be established.
D.
Provisions for effective establishment, operation,
management, use, repair, and maintenance of all common
areas and facilities including recreational buildings and
amenities, landscaped areas and lots, walls and fences,
private roadways (i.e., walks, sidewalks, trails), parkland
facilities and bikeways, and open space areas.
Eo
Membership in the homeowners association shall be
inseparable from ownership in individual units.
Fo
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, exterior
mechanical equipment, television and radio antenna,
consistent with the Tustin City Code and the MCAS Tustin
Specific Plan.
Go
Maintenance standards shall be provided for applicable
items listed in Section C above in CC&Rs. Examples of
maintenance standards are shown below.
o
All common area landscaping and private areas
visible from any public way shall be properly
maintained such that they are evenly cut, evenly
Exhibit A
Resolution No. 3863
TTM 16474
Page 9
edged, free of bare or brown spots, debris, and
weeds. All trees and shrubs shall be trimmed so they
do not impede vehicular or pedestrian traffic. Trees
shall be pruned so they do not intrude into
neighboring properties and shall be maintained so
they do not have droppings or create other nuisances
to neighboring properties. All trees shall also be root
pruned to eliminate exposed surface roots and
damage to sidewalks, driveways, and structures.
,
All private roadways, sidewalks, and open space
areas 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.
,
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.
Ho
Homeowners 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&Rs.
The approved "Private Open Space Exhibit" shall be made
part of the CC&Rs and shall specify those portions of the
common open space area that are allocated for private use
and public use and access rights in perpetuity. The CC&Rs
shall include a separate 8~ inch by 11 inch dimensioned site
plan for each unit that is allocated private open space.
Jo
The approved "Parking and Circulation Exhibit" shall be
made part of the CC&Rs and shall be enforced by the
homeowners association. In addition to the exhibit,
provisions regarding parking shall be included in the CC&Rs,
including the following:
1. All units are required to maintain a two-car garage.
,
A minimum of 151 unassigned guest parking spaces
shall be permanently maintained in locations shown
on the "Parking and Circulation Exhibit" and have a
Exhibit A
Resolution No. 3863
TTM 16474
Page 10
Ko
L°
M,
N°
O,
minimum length of twenty-two (22) feet per stall.
Within private courts serving detached patio home
units, units with the sixteen (16) foot wide driveways
shall have exclusive right of parking within those
areas. An 8~ inch by 11 inch exhibit assigning
driveway parking stalls for patio home units shall be
attached to the CC&Rs for each unit and disclosures
shall be provided to all future homebuyers.
.
Residents shall not store or park any non-motorized
vehicles, trailers or motorized vehicles that exceed 7
feet high, 7 feet wide, and 19 feet long in any parking
space, driveway, or private street area except for the
purpose of loading, unloading, making deliveries or
emergency repairs except that the homeowners
association may adopt rules and regulations to
authorize exceptions.
,
Residents shall park vehicles in garage spaces.
Storage of personal items may occur in the garages
only to the extent that vehicles may still be parked
within the required garage spaces.
o
The homeowners association shall be responsible for
monitoring and enforcing all parking and traffic
regulations on private streets. The proposed CC&Rs
shall include provisions requiring the association to
develop and adopt an enforcement program for
parking and traffic regulations within the development
which may include measures for fire access and
enforcement by a private security company.
Provisions for enforcing individual trash bin placement at
designated curb areas as shown on the approved "Curbside
Trash Pick-up Exhibit" no earlier than noon on the day
before scheduled collections and removed within twelve (12)
hours of collection.
Maintenance of Lots X, Y, Z, AA, and BB shall be by the
homeowners association.
Television and radio antennas shall be installed in
accordance with the requirements of the Tustin City Code.
All utility services serving the site shall be installed and
maintained underground.
The homeowners association shall be required to file the
names, addresses, and telephone numbers of at least one
Exhibit A
Resolution No. 3863
TTM 16474
Page 11
member of the homeowners 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.
Po
The homeowners association shall be responsible for
establishing and following procedures for providing access to
public utilities for maintenance of their facilities within the
project area, subject to those agencies' approval.
Q,
No amendment to alter, modify, terminate, or change the
homeowners 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 permitted without the
prior written approval of the City of Tustin Community
Development Department.
(1) 4.2
Prior to City approval of the (or the first) final map, the Applicant
shall record a Declaration of Covenants, Conditions, and
Restrictions in form and content satisfactory to City that restricts the
use of the property to the uses described in the Disposition and
Development Agreement ("DDA 03-01") between the City of Tustin
and WL Homes LLC, which is incorporated in full herein by this
reference and requires the Applicant, its successors or assigns, to
comply with all provisions of DDA 03-01 until a Notice of
Completion, as defined in DDA 03-01, has been issued. The
Declaration shall be recorded against all the real property cOvered
by the Tentative Tract Map. The City shall be named as a party
entitled to enforce the Declaration.
HOMEBUYER NOTIFICATION
(1) 5.1
Prior to recordation of the final map, the subdivider shall submit to
the Community Development Department for review and approval a
homebuyer notification document that includes the notifications
listed below. The notification document shall be signed by each
homebuyer prior to final inspection and occupancy, and a copy of
the signed notification shall be provided to the Community
Development Department prior to final inspection and/or issuance
of each Certificate of Occupancy.
a.
A notice for noise and train noise that may impact the
subdivision. The notice shall indicate that additional building
Exhibit A
Resolution No. 3863
TTM 16474
Page 12
b.
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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. In addition, the notice shall
indicate the estimated increase in the number of trains per
day on the rail corridor. The current number of trains per
day is 59.
A notice, to be reviewed by the City of Tustin and the Irvine
Unified School District, regarding the location of existing and
proposed elementary, middle, and high schools which will
serve the subdivision (text and map) and advice to
homebuyers that proposed school sites may never be
constructed.
A notice regarding units that are adjacent to aboveground
utilities or structures (such as light standards and fire
hydrants) identifying the type of structure and their locations.
A notice indicating that any use of a residence for a business
shall be subject to the City's Home Occupation Ordinance
and may require zoning clearance and a business license.
A notice indicating that public use of a portion of the park site
will be allowed and noting public ingress and egress through
the subdivision will be provided.
A notice explaining the easements, facilities, amenities, and
dedications that will be provided on Lots BB and DD.
A notice regarding future construction activities related to
bikeway construction and future widening of the Peters
Canyon Orange County Flood Control Channel (OCFCD)
and future planned improvements along the western
boundaries of the subdivision, which may be disruptive to the
homeowners in close proximity to these areas.
A notice, to be approved by the City Attorney, indicating that
neither the site, nor the project nor any part thereof any
street or sidewalk or alleyway thereon shall be privately
gated, provided however that any swimming pool and/or spa
facility within the common area and any indoor common area
improvements, including any clubhouse and bathrooms, may
be gated or locked and made available solely to residents of
the project and their guests.
A notice stating that all development within the site is
approved for ownership tenure only per Chapter 3.9.3J5 of
the MCAS Tustin Specific Plan.
Exhibit A
Resolution No. 3863
TTM 16474
Page 13
A notice stating trash bins shall be placed in designated curb
areas as shown on the approved "Curbside Trash Pick-up
Exhibit" no earlier than noon on the day before scheduled
collections and removed within twelve (12) hours of
collection.
k.
A notice indicating that sUrrounding properties may be
developed in accordance with City ordinances in a manner
which may partially or totally obstruct views from the owner's
unit and that the City of Tustin makes no claim, warranty, or
guarantee that views from any unit will be preserved as
development of surrounding properties occurs.
A notice indicating the minimum building setbacks and that
construction of patio covers, trellises, etc. may not be
allowed.
m.
A notice explaining and providing a copy of the approved
"Private Open Space Exhibit" and separate 8~ inch by 11
inch dimensioned site plan for each unit that is allocated
private open space.
n.
A notice explaining and providing a copy of the approved
"Parking and Circulation Exhibit" and related CC&R
provisions.
O.
A notice explaining that 78 affordable housing units will be
dispersed throughout the subdivision and will remain
affordable for a period of forty-five (45) years.
p,
A notice explaining the phasing of construction within the
subdivision and that activity may be disruptive.
q.
The developer shall notify all potential homebuyers that
future Assessment/Maintenance Districts may affect the
property.
ENVIRONMENTAL MITIGATION
(1) 6.1
Additional measures related to the tentative tract map application
as noted in the adopted FEIS/EIR and that are not previously
identified in this exhibit as a condition of approval are required as
follows:
a.
Prior to any final map recordation, the development applicant
shall enter into an agreement with the City of Tustin and any
appropriate regional utility agencies, districts, and providers,
as applicable, to dedicate all easement, rights-of-way, or
Exhibit A
Resolution No. 3863
TTM 16474
Page 14
other land determined necessary to construct adequate
utility infrastructure and facilities to serve the project.
b.
Prior to any final map approval, the development applicant
shall enter into an agreement (DDA) to participate on a pro-
rated basis in Tustin Legacy backbone infrastructure.
C.
Prior to the approval of a subdivision map, the developer-
applicant shall design and construct local drainage systems
for conveyance of the 10-year runoff. If the facility is in a
local sump, it shall be designed to convey the 25-year runoff.
d.
Prior to approval of a subdivision map, an agreement shall
be executed with the OCFCD and the County of Orange for
the construction of ultimate flood control facilities and
regional bikeways. Interim flood control facilities may be
considered for approval provided such facilities meet
OCFCD requirements.
eo
Prior to the first final map recordation, or building permit
issuance, as applicable within the City of Tustin, the project
developer shall be required to provide evidence of
compliance with all requirements and standards of the City
of Tustin park code and requirements of DDA 03-01.
FEES
(1) 7.1
The applicant shall submit to the City of Tustin any additional
CC&R Review fee required at the time of submittal. The CC&R
Review fee includes one initial check and recheck of the document.
If subsequent review is required, an hourly fee of $150 per hour (or
rate in effect at the time of submittal) for City Attorney and $50 per
hour (or rate in effect at the time of submittal) for Planning Staff is
required. Special Counsel fees will be determined upon submittal of
documents for review.
(1)
7.2
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 forty-three dollars ($43.00) to enable the City to file the
appropriate environmental documentation for the project. If within
such forty-eight (48) hour period that applicant has not delivered to
the Community Development Department the above-noted check,
the statute of limitations for any interested party to challenge the
environmental determination under the provisions of the California
Environmental Quality Act could be significantly lengthened.
(1)
7.3
The subdivider shall submit in-lieu parkland dedication fees in a
cash amount of $1,544,493 and a performance bond in the amount
Exhibit A
Resolution No. 3863
TTM 16474
Page 15
of $2,436,460, in accordance with DDA 03-01 and prior to issuance
of the first building permit, such performance bond amount shall be
decreased upon compliance by developer with Subsection (2) and
(3) of the provisions of Section 8.16 of DDA 03-01.
(1) 7.4
All fees required pursuant to City and outside agency requirements
as identified in Resolution No. 3864.