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HomeMy WebLinkAboutC.C. RES 03-43RESOLUTION NO. 03-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING 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 City Council of the City of Tustin does hereby resolve as follows: I. The City Council 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; Bo That a public hearing was duly called, noticed, and held for said map on March 10, 2003, by the Planning Commission and the Planning Commission adopted Resolution No. 3863 recommending that the City Council approve Vesting Tentative Tract Map 16474; Co D, That a public hearing was duly called, noticed, and held for said map on March 17, 2003, by the City Council; 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; Eo 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 City Council Resolution No. 03-43 March 17, 2003 Page 2 improvements that will be provided and accessible to the public through public easements on the development site; Fo 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; O. That the site is located in Planning Area 20 o-f 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; H, That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, cause serious public health problems, or substantially and avoidably injure fish or wildlife in their habitat; 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; J. 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; Ko 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 City Council Resolution No. 03-43 March 17, 2003 Page 3 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, L. 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 FEIS/EIR. The City Council, by adopting Resolution No. 03-42, has approved a checklist and evaluation that finds all potential impacts of the project were addressed by the certified FEIS/EIR, no additional impacts have been identified, and all applicable mitigation measures in the FEIS/EIR have been included as conditions of approval. II. The City Council hereby approves 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 of approval contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 17th day of March, 2003. T'I:C, ACY WI/(_~Ls WORLEY - MAYOR ~" PAMELA STOKER CITY CLERK City Council Resolution No. 03-43 March 17, 2003 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-43 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of March, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: WORLEY, KAWASHIMA, BONE, DAVERT NONE NONE THOMAS CITY CLERK GENERAL EXHIBIT A TENTATIVE TRACT MAP 16474 RESOLUTION NO. 03-43 CONDITIONS OF APPROVAL (1) 1.2 (1) 1.3 (5) 1.4 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. 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 City Council Resolution No. 03-43 March 17, 2003 Page 2 (1) 1.5 (1) 1.6 (1) 1.7 -- (1) 1.8 (***) 1.9 (***) 1.10 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. 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. 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. 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 approva, I 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. 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. Subdivider shall not oppose any future creation of a landscape and lighting district for maintenance within the public right-of-way or City Council Resolution No. 03-43 March 17, 2003 Page 3 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. 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 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) 0 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 lrvine Ranch Water District. Improvement City Council Resolution No. 03-43 March 17, 2003 Page 4 J) k) m) n) o) P) q) 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 OCTA/SCRRA Railroad; 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 OCTA/SCRRA 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 OCTA/SCRRA 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. City Council Resolution No. 03-43 March 17, 2003 Page 5 (1) 2.2 (1) 2.3 (1) 2.4 (1) 2.5 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. 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. 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 assigned in accordance with a cost-benefit formula established by the City based on the provisions of DDA 03-01. 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. 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. City Council Resolution No. 03-43 March 17, 2003 Page 6 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. do Ali 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. (1) 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 iinetype 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 (5) 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 City Council Resolution No. 03-43 March 17, 2003 Page 7 easements defined and approved as to specific locations by the City Engineer and other agencies, including, but not limited to, the following: a, 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. bo 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. eo 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. City Council Resolution No. 03-43 March 17, 2003 Page 8 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. (1) 3.2 A traffic signal equipment and maintenance easement shall be required on Lot A at Edinger Avenue. CC&RS 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. 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 ali 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. City Council Resolution No. 03-43 March 17, 2003 Page 9 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 10ts, walls and fences, private roadways (i.e., walks, sidewalks, trails), parkland facilities and bikeways, and open space areas. E, Membership in the homeowners association shall be inseparable from ownership in individual units. F, 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. G, Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below. - . Ali 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, 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 City Council Resolution No. 03-43 March 17, 2003 Page 10 such as to be detrimental to public health, safety, or general welfare. H. 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. J. 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 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. o Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the City Council Resolution No. 03-43 March 17, 2003 Page 11 extent that vehicles may still be parked within the required garage spaces. , 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. Ko 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. L. Maintenance of Lots X, Y, Z, AA, and BB shall be by the homeowners association. M, Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. N. All utility services serving the site shall be installed and maintained underground. Oo The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one 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 i.n 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. Qo 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 City Council Resolution No. 03-43 March 17, 2003 Page 12 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 o~f 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 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 hornebuyer 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 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. bo 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. City Council Resolution No. 03-43 March 17, 2003 Page 13 C, ko d. eo g, ho 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 improvemehts 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. 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. 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 City Council Resolution No. 03-43 March 17, 2003 Page 14 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. no 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: ao 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 other land determined necessary to construct adequate utility infrastructure and facilities to serve the project. bo 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 City Council Resolution No. 03-43 March 17, 2003 Page 15 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 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. City Council Resolution No. 03-43 March 17, 2003 Page 16 (1) 7.4 All fees required pursuant to City and outside agencY requirements as identified in Resolution No. 3864.