HomeMy WebLinkAboutCC 14 LDSCPE AGREE 05-19-86TO:
FROM:
SUBJECT:
tlILLIAN A. HUSTON, CITY MANAGER
COI~UIilTY DEVELOPMENT DEPARTMENT
REVISED LANDSCAPE AGREENENT, TRACT 12345, EAST TUSTIN PHAsE I
RESIDE~I'IAL
APPLICANT:
LOCATION:
THE IRVIIIE COMPAIrf
AREA BOUNDED BY INTERSTATE 5, BRO#NING AVENUE, BRYAN AVENUE
AND ,]NiBOREE ROAD EXTENDED
RECOI~IENDED ACTION:
Counctl direct the Mayor to execute the revised Landscape Maintenance Agreement
(Exhibit "C").
DISCUSSION:
On May 5, 1986, the City Counctl approved Ftnal Tract Map 12345 by the adoption
of Resolution No. 86-55. Included with this map was a landscape maintenance
agreement for common landscape areas (lettered lots) and certain areas in the
publtc eight-of-way. The Mayor executed this agreement but The Irvtne Company
has subsequently requested minor changes to the wording of the agreement. The
City Attorney has reviewed these changes and has determined that they do not
affect the intent of the agreement, and that the agreement sttll meets the
requirement of Conditions 1, 2, and 7 of the Tentative Tract resolution approval
recor long with
(No. 85-68). This agreement will be Final Map.
Director of'Communi ty
Sent or Planner Development
EMK:pef
Attachments:
Landscape Maintenance Agreement (Exhibit "C")
Resolution No. 85-68
LANDSCAPE MAINTENANCE AGREEMENT
THIS.AGREEMENT is entered into this day of
May, 1986, by and between the CITY OF TUSTIN, a municipal
corporation ("City"), and THE IRVINE COMPANY; a Michigan
corporation ("Company").
RECITALS
A. This Agreement concerns all of that real
property owned by Company as shown on Tract Map No. 12345
("Map"), and as further describ~ in Exhibit "A" attached
hereto and incorporated herein by this reference.
B. The Conditions of Approval of Tentative Tract
No. 12345, as approved by the City Council of the City by
Resolution No. 85-68, passed and adopted July 15, 1985, and
a Condition of Approval of the Final Tract Map No. 12345, as
approved by the City Council of the City by Resolution No.
86-55, passed and adopted May 5, 1986 (collectively
"Conditions"), require that provision be made for the
ownership and maintenance of certain landscape areas.
C. It is the desire and intention of the parties
hereto to provide for such ownership and maintenance of
landscape areas as' shown on the Map to .satisfy the
Conditions.
NOW, THEREFORE, in consideration of the promises
and mutual covenants herein and expressly for the benefit
of, and to bind, their respective successors in interest,
the parties hereto agree as follows:
1. Lots A through S and Lot 8 as shown on the Map
are sometimes referred to herein as the "Landscape
Property." With the exception of Lots G, H and 8, the
Landscape Property shall be owned and maintained by the
Company or a developer, homeowner's association or other
entity to which all or a portion of the Landscape Property
shall be conveyed, or to which the maintenance obligations
described in the Conditions shall be assigned and accepted
by appropriate documentation. All lots within the Landscape
Property which are not to be maintained by a developer,
homeowner's association or other entity shall continue to be
maintained by the Company.
2. The City has a§reed to maintain Lots G, H and
8 until completion of the Browning Avenue Overpass, or until
a final decision is made not to construct such overpass.
Upon the occurrence of either of the above events, Lots G, H
and 8 shall be owned and maintained in the same manner as
provided in paragraph 1 for the remainder of the Landscape
Property.
3. Those areas shown on the Map within the public
right-of-way between the curb and meandering sidewalks (the
"Curb Areas") in or adjoining the Landscape Property and
those areas within the public right-of-way between the back
edge of the sidewalks and the property lines ("Sidewalk
Areas") shall be maintained by the adjacent landowners, or
by a developer, homeowners' association or other entity.
The Company shall ensure, by appropriate documentation, that
such maintenance obligations described in the Conditions are
assigned to and accepted by, any such party; or, in the
alternative, the Company shall discharge such maintenance
obligations.
4. The flood protection berms ("Be£ms") shall be
owned and maintained by the Company or a developer,
homeowner's association or other entity to which all or a
portion of the Berms will be conveyed, or to which the
maintenance obligations described in the Conditions shall be
assigned and accepted by appropriate documentation. Those
Beams not maintained by a developer, homeowners' association
or other entity shall continue to be maintained by the
Company.
5. The obligations of the Company imposed by the
Conditions may be transferred to, assigned to and assumed by
a developer, homeowners' association or other entity whether
or not (a) there is a conveyance of Lot(s) (as shown on the
Map) and (b) if there is such a conveyance, the inst~ent
of conveyance by which the transferee acquired its interest
refers to this Agreement. The documentation
("Documentation") evidencing such assignment, assumption and
transfer shall also provide that the assignee/transferee
shall remain obligated to satisfy such Conditions until such
time as a homeowner or other co~',~unity association shall
have assumed such obligations pursuant to a recorded set of
covenants, conditions and restrictions running with the
land, or portion thereof (shown on the Map) and binding all
future owners thereof. A copy of the Documentation shall be
provided to City's Director of Community Development. In
the event of any such assignment/transfer by the Company in
accordance with this Agreement, the Company shall be
released from all obligations imposed by the Conditions to
the extent so assigned and transferred.
6. The execution and adherence to this Agreement
shall constitute satisfaction of the Conditions by the
Company.
IN WITNESS WHEREOF, the parties hereto have
executed this Agreement on the day and year first above
written.
THE IRVINE COMPANY,
a Michigan corporation
By:
C. Bradley Olson
Vice President
By:
Tom Sakai
Assistant Secretary
CITY OF TUSTIN,
a municipal corporatio~
By:
Mayor
ATTEST:
City Clerk, City of Tustin
APPROVED AS TO FORM:
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RESOLUTION NO. 85-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, APPROVING TENTATIVE TRACT MAP NO. 12345
City Council of the city of Tusttn does hereby resolve:
'The City Council finds and determines as follows:
That Tentative Tract Map No. [2345 was submitted to the City
Council by Montca Flor, an on behalf of The Irvine Company for
the purpose of creating, a 27 lot {8 numbered and [9 lettered)
subdivision from a portion of lots 21, 22, 27, 28 of Block 44 of
Irvine's subdivision as shown filed in' Book 1, page 88 of
Miscellaneous Record Maps, in the office of the County Recorder
of said Orange County, California.
B. That a public hearing was duly called, noticed and held for said
map.
That an Environmental Impact Report has been prepared in
conformance with the requirements of the California
Environmental Quality Act for the subject project, and has been
certified by the adoption of Resolution No. 2223.
De
The proposed subdivision is in conformance with applicable
ordinances, policies and standards of the city of Tusttn,
evidenced by the following findings:
That the proposed map is consistent with the Tusttn Area
General Plan.
e
That a Development Plan with Planned Community Zoning
regulations has been adopted for this project, and this map
is in conformance with the Plan and regulations.
3. That the site is physically suitable for the type of
development.
4. That the site is physically suitable for the proposed
density of development.
That an ordinance requiring the dedication of land for
parks is in conformance with the Recreation Element of the
Tusttn Area General Plan.
That pursuant to state law, Tusttn Unified School District was
forwarded Tentative Tract No. 12345 to seek the District's
determination of school facility need based upon projected
student population.
FILE COPY
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Resolution No. 85-68
page t~o
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The Tusttn Unified School District requests conditioning of
Tentative Tract No. 12345 causing the subdivider to provide said
district with both interim classroom facilities for the Tustin
High School campus and payment of fees to refurbish the Utl~
Intermediate School prior to recordation of a final map or
creation of a building parcel.
That Tract No. [2345 may create conditions of overcrowding
within the'Tusttn Unified School District attendance area, but
such finding by the District Board of Trustees has not been
"supported by clear and convincing evidence" in the District's
Resolution No. 01-02-85 pursuant to Government Code Section
65971. Should documented evidence be submitted by the District
supporting their findings in Resolution No. 0~-02-85,
specifically attributable to Tract No. 12345, the developer
shall be responsible for mitigating overcrowding conditions by
providing interim classrooms and related facilities pursuant to
Government Code Section 65974 at such time development occurs.
Until such time, the Tustin Unified School District should
continue to examine available options as granted by state law
and outlined in Final EIR 84-3. The applicant/developer (The
Irvine Company) shall assist and work with the School District
in evaluating these options, and submit a report to the Planning
Commission within 30 days of approval of this tentative tract
outlining feasible mitigation measures for documented
overcrowding within the Tusttn Unified School District
attendance area.
That under the School Facilities law, Government Code Section
65970 et. seq. developer fees are limited to mitigating
conditions of immediate overcrowding and can only be imposed
after all other reasonable methods of mitigating conditions of
overcrowding have been evaluated and found infeasible by the
District which has not yet been done.
That under the School Facilities law, residential projects can
only be conditioned upon the payment of a specific fee amount
reasonably related and limited to the need for schools caused by
the project, and fees collected can only be used for temporary
facilities (maximum of five years) whereas the District's
request is not so limited.
That approval and recordation of Tract No. 12345 is not the
final discretionary approval for this project. Additional maps
will be required prior to construction of single family detached
and attached homes, and as a result adequate opportunities exist
for the district to explore all reasonable methods and funding
sources for mitigating the impacts of this project on the
District school system.
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Resolution No. 85-68
page three
II. The City Council hereby approves Tentative Tract Map No. 12345,
subject to conditions outlined in Exhibit ,"A" and made a part of this
Resolution.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council on the
lSth day of July , 1985.
FRANK H. GREINKE,
Mayor
Attest:
Mary E.~' nn,
City Clem
EXHXBZT "A"
CONDZT~OHS OF APPROVAL
TENTATTYE TRACT I, tAP NO. 12345
Approval of Tent,3ttve T~ct Hap No. 12345 ts subject to t~e following
conditions. These. condltJons shall .be sattsfJed prtor to final map recordation
tf not otherwise dete~,~ned by C~W s~ff ~ ~ sattsft~'af~ ~p recordation:
'P~ovtston for landscape ~tn~nanca and ~nershtp of Lo~ A ~rough S;
~t~ ~e exception of Lot ~, ~, and 8, whtch wtll ~ ~tn~atned by ~e
ctW, ~ ~ ~e respons~btlt~ of ~e adjoining ho~ners' assocta=tons,
tf not tncluded wtt~tn a lighting/landscape ~tn~enance dts~ct. T~e
ctW shall ~ responsible for Lo~s G, ~. and 8 only un~l the Br~ntng
Avenue ove~ass proposal ts finalized.
2. Landscape mtn~nanca ~spons16111~ for ~ose a~as wtthtn ~e publlc
~tght~ay be~n ~e curb and Mande~ng sl~alks shall not becoM
the ~sponstbt11~ of ~e Ct~, except Lo~ ~ and H. ~ese areas shall be
tncluded wt~tn ~e utn~nance of adjoining ~o~ A ~roug~ S, excepting
Lo~ ~ and H, shall ~ for ulttm~ mtn~flanca by ~ ~o~ners'
assocta~on or 11g~lng/lands~ mtn~nan~ dtst~c~. T~ c~ sha]l be
~s~onstbla for Lo~ ~ and. H only until ~e Br~ntng Avenue ove~ass ts
~tnaltzed.
3. Con~ol da~ shall ~ es~bllsh~ ~ adequa~ly dellnea~ ~e sou~erl~
~ct ~un~ wl~ .~sp~t ~ ~ght-of~ay needs for ~e following
t~rovemn~:
a. SanU A~ f~ay widening.
J~o~ R~d tn~rc~ange.
c. Collector dts~tbuto~ roads ~or fu~ Easta~ Corrtdor/]-S
connec~on.
The ~pt~ s~tton (~) on ~e up tndt~s a dts~nce of 230 + feet
fr~ f~ay cefl~rltne ~ t~ct bounda~. T~e scaled dls~nces Tn ~e
plan vt~ ~c~tofl of ~e mp ~flec~ a ~nge of ~75 + ~t. ~ 2~S + ~t.
~e p~11~na~ ~ay g~trtcs deltne~ a need ¢o~a scal~ dt~nca
of ~75 + ~t mxt~m ~o~ ~e proposed fre~ay wldefltng and a northbound
ofl-ram~o~ ~e Ja~oree Road ln~rc~ange.
These nffds shall ~ clarified at the earltest ~eastble da~ prtor ~ map
~co~datton. Thts clarification wtll also ~ needed ~or the
de~r~natton of ~e Laguna Road a11gn~nt/~ocatlon.
4. Dedication of adequa~ rlght-o~ay shall ~ provtd~ on Lots 3 and 4 to
acco~da~ ~e ~ea~st ex~nt of H g~t-of~ay requtreMnts for the
J~bor~ R~d/Zn~rs~ 5 tn~rc~ange as dete~tned by t~e
~ng~n~. Butldtng Pe~ts wtll not be Issued fo~ any s~uc~re on Lot 4
and ~e sou~ern portton o~ Lot 3 as de~tned by the Country
Developmnt Dlrec~r and Ct~ ~ngtfleer~ untt~ suc~ ttM the ult~te
~ght-of~ay flffds have been deta~ned. Any decrease tn area ~or Lots 3
and 4 from ~at sh~n on ~e ~n~ttve ~p w11] result In an equaltva~ent
decrease tn ~e number of ~el~tng untts.
Community D~velopmen~ Departmen~
Conditions of Approval
Tentative Tract ~1o. 12345
page
Prep&ration and sub,ritUal of & ftnal g~adtng .plan delineating the
fo11 ~t ng 1 nfor~tlon:
Ce
Ftnal street elevations at.key locations.
Ftn=l pad/finish floor elevations and key elevations for all
g~dtng,' All ftnal pad elevations ~ ~ a mtnl~ of ~.0 ft. above
~e ~se ~ood elevation as ~f~ned by ~.
Locatton and e~ev&tlons of all flood p~tec~on be~ ~elatK
T~a~ ~o. ~2345.
' Prepa~.lon of a sedlmen~tton and eroston con~'ol plan for all
const~ucl'.ton work r~la~ad' ~ T~ct ~1o. :~2345.
Provision for maintenance and o~nershlp of ~e flood pro~ectton be~s and
assocta~d landscapfng ~ be ~e responstbt1~ of the ~d~otntng
horniness' association, l~gh~tng/landscape mtn~nance dts~ct and/o~
~e ctW of Tus~n, vt~ satd de~a~na~ton ~ be ~de prior ~ ~ecordtng
the ftnal
Provision for Irrevocable e~sement$ for t~e ~equtred ta~m of a11 flood
pro~a'ctton bergs tn.favor of ~he adjoining Association and/or ~e ct~y of
Tusttn, vlth satd de~e~atnatlon ~o be made p~lor ~o recording ~he final
map.
Annexation of land wt~htn ~ts development tn~o an appropriate street
11ghttng dls~'tct ~o provtde for on~otng mtn~nanca and energy cost of
satd
P~eparatton of plans for and construction of fu;~ l~ve~n~ for
s~e~s ~tt~tn ~e ~unda~ of ~td ~ct ~p. ~ese t~rove~n~s shall
~nclude ~e wtdentng of ~e eas~ly half of B~nlng Avenue, ~e
sou~e~ly half of 8~an Avenue ~ t~ ul~tm~ a~tgn~n~ and all ~equt~ed
~nst~ons, and S~ A and B. ]~ove~n~ wtll Include, but not
1t~d ~, ~e fo~l~tng as ~a~ned by ~e CtW Engineer:
Curb and gut'cer/cros$ gut'cers
$tde~&lk
Ortve aprons
$~'eet pavtng
Street stgntng and s~tp~ng
Landscapl rig/fact ] t ~t es
San1 ~ ~e~ ~tca fact~ ttt es
Do~s~lc wa~ se~lce fact ] ~ ~t es
Rec] at~d wa~e~ se~tca fac~ ] 1 ~t es
Gas, elec~tc, ~ephone, cable ~.v. fact~t~tes
T~afftc stgnal fact~t~tes - Laguna Rd./Ja~o~ee Rd. - 25~ of cos~ *
B~an Ave./Oambo~ee Rd. - 66 ~/3 [ cos~
B~an Ave./B~owntng Ave.- 50S of cos~
8~ntng Ave./Laguna Rd.- 33 1/3~of cost
Corn rnuniry Development Department
Conditions of Approval
Ten'ca'tire Trac~ 12345
page ~ree
'Exist, lng pertma'car s~z'ee~',s. Br~ntng Avenue and B~n 'Avenue, shall
slu~ seal coa~d ~e ~ull pave~n~ wfd~h ~om curb ~ace ~ cur~ ~aCe
pr~or ~ res~lptng ~e wtdened s~ree~ ~ve~n~.
P~epara~on of plans for and construc~l~'of all sant~ s~er facilities
· as .~qut~d by ~e Ct~ (ngtn~r. T~ese facilities s~all tnclude a
~avt~ 71~ sys~ pursuan~
Ots~c~.
~dt~ton of ~11 ~qutred s~ee~ and f~ood con~ol ~gh~-of~ay as
deft~ ~ ~e Ct~ (rig1 n~r.
Plac~n~ of 'all above ~ound r~ay appu~nances suc~ as s~gntng.
s~ 11gh~ and ftre ~dran~z ~nd ~e std~lk when satd sidewalks
~ cons~c~ ad~acen~ ~ ~ curb.
P~epa~a~ton of plans for and cons~c~lon
~e s~ndards of ~e ]~tne Ranc~
~r~ca. w~tc~eve~ ts ~pplt~ble at ~e ~ of plan p~e~ara~ton. Any
~qut~' reclat~d wa~r ~s~ shall ~ ~ns~uc~d ~ ~e ~qulred
s~ndar~ of ~e ]rv~ne Ranch Hair
P~epa~a~ton afa hydrolo~ and hyd~ullc s~dy of '~e ~tbu~ ares
t~ac~tng ~e proposed ~velop~n~. P~para~lon of plans for and
cons~c~on of all s~o~ dratn .factlt~tes as ~qut~d ~y ~e Ct~
(ng~n~ and Call, ns. when applicable ~nd ~r~tntng ~ ~etr fact lt~1es.
Cazh/su~ 'deposit. tf ~emd necessa~
~cons~uc~ton of S~ "~" ~ locations ad~acen~ ~o ~ora~ f~ood
pro~c~ton ~ng ~ ~ r~ay tn~ertm proftles ~ long ~ ~ades
w~en be~ a~-no longe~ ~qutr~ for f~o~ pro~c~ton purposes.
Dedication of all ve~tcul~r access r~gh~ ~o Jamboree ~oad. BrTan Avenue
and Br~ntng Avenue excep~ at designated s~ee~ openings. Dedication of
all ve~tcul~r a~cess rtgh~ ~o Laguna ~d. except a~ approved d~tv~ay
openings. ~ ~stgna~d on ~e final develop~n~ s~e p~n sub~ec~ ~ ~e
Ct~ ~n~n~r's approwl.
~ese~va~on as de~r~ned by
for fu~ ]n~ers~ 5 San~ Aha f~e~ay ~tdentng.
20. Relocation of ~e sub-g~ade fuel 11ne fact~t~y
s~tsf~c~ton of t~e Ct~ (ngtneer and ~e San Dtego Ptpellne Co,any.
~e~val of ~e a~andoned ratlroad right-or,ay ease~n~ w~tn ~e ~ac~
bounda~.
Community Development Depanmen:
Conditions of Approval
Tentative Tract 123¢$
page four
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Payment of all requtred Orange County Sanitation Otstrtct I~o. 7 sewer
coneection fees that may be ~qut~d ~s · ~su]t of '~ In.rim connection
~ ~e ~ts~tct 7 facilities, ~t ~e ~ tnttla~ but]dtng ~tta ~re
tssued.
Prior to the recordation of & final map for any portion of, or all of
the land delteeated tn Tenlbltive Tract ~o. 12345, ~e subdivider shall
en~r tn~ an ag~mnt ~t~ ~ c1~ of Tustin for participation tn a fee
proem (tf adop~d by ~e Tustin CtW ~un~) for t~]e~n~tion of ~e
Eas~rn/Foo~tl~ Transpor~on Cor~dor. Satd agr~nt sha~l provide
a®
The fee shall not' exceed that amount as established by the nine
participating agencies wtthtn the area of benefit.
Subdivider or Butlde~ obligations to pay fee would only commence
after the ci.ty establishes a fee program but not prior to tssuanca
of but 1 dtng permt ts.
c. Subdivider or Bullder obligations to pay fee would cease tf the fee
program were not established w4thtn three years of the issuance of
butldtng permits or recordation of f~nal tract map.
As detailed in the Final £nvtronmental Impact Report Ho. 84-3, an earth
berm topped w4th a masonry ~all shall be constructed along the Interstate
5 freeway right,of-way of Lots 3, 4, $ and 7 where directly exposed to the
freeway as determined by city staff. The final cross section design,
height and. construction materials shall be determined by an acoustical
engtnear subject to city Planntng Commission approval prior to
construction of the buffer or tssuance of any butldtng permtt on these
Pursuant to Ctty Code, the ne~ development tax sbe11 be paid prtor to
recordation of future butlder subdivision maps on any Individual Lot or at
butldtng permtt tssuanca where'a future subdivision map ts not required.
Tract Ho. 12345 may. create conditions of overcrowding within the Tustin
Untried School Ols~rtct attendance area, but such finding by the Dtstric~
Board of Trustees has not been "supported by clear and convincing
evidence" tn ~e District's Resolution ~o. 0~-02-85 pursuan~ te *Governmen~
Code Section 65971. Should ~cu~nted evtdence ~ submitted by ~e
Dt s~ ct supporting ~et r ft nd1 rigs ~ n Reso 1 uti on ~o. 01-02-85
specifically ~ribu~ble ~ Trac~ ~o. ~2345, ~e developer shall
responsible for ~tig~ttng overc~dtng conditions by providing interim
Communi~/ Dev~topmont Department
Condt.ttons of Appr°val
Tentative Tract 12345
page ftve
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classrooms and related facilities pursuant to Government Code Sectton
65974 at such time development occurs. Unttl such ttme, the Tusttn
Untfted School Dtstrtct should conttnue to examtne available opttons as
granted by s~ate la~ and outltned tn Ftnal E]R 84-3. The
&ppltcant/developer (The Zrvtne Company) shall asslst and work wtth the
School Otstrtct tn evaluating these optlons, and submtt a report to the
Planntng Commission wtthln 30 days of approval of thts tentative tract
outlining feastble mitigation measures for documented overcrowding wtthln
the Tusttn Untfted School Dtstrtct attendance area, whtch ts attributable
to Phase ! development
PUrsuant to the ctty's Parkland Dedication Ordinance, thts tract shall
· provtde for the dedication of 8.8 acres of land and/or Improvements for
park purposes. The proposed 4.25 acre park stte shall be dedicated to the
ctty wtth the remetntng 4.75 acre obligation setfsfted through land
dedication elsewhere tn the East Tusttn Spectflc Plan area or oCfer of
dedication secured by separate agreement between the city and The Irvtne
Company and/or an offer of dedication of land and Improvements for prtvate
recreational facilities wtthtn the tract. Th~ distribution of the total
amount of acreage for thts tract wtll follow the proportions es~ablished
tn the ctty's Recreation Element between publlc community and
private/public neighborhood facilities.
The 4.25 acre park stte 'tn compliance wtth the Parkland Dedication
Ordinance shall be rough .g~aded free of obvtous rock of construction
by-product mete~lal wtth the following publtc Improvements provtded to the
sattsCactton of the Ctty £nglneer and Dtrector of Community Services:
'Full street Improvements along Laguna ~oad and Street 8 including
but not ltmtted to curb, gutter, sidewalk, street ?fghttng and
stgntng.
Publlc uttltty_ laterals of a sufficient size including water,
electricity, se~er, storm dretn, nature1 gas and telephone
communication shall be Installed to the park stte property 11ne.
Development denstty shall be 'regulated by the adopted Planned Community
Zontng Regulations for Phase ! Residential/East Tusttn. The density
calculations provtded on the subdivision map are for Informational
purposes only and are'supe~ceded by the zone regulations.
All applicable mitigation measures detatled tn ;trial EIR 84-3 are hereby
Incorporated as conditions of approval for Tract No. 12345 and subsequent
tracts recorded within thts pro~ect boundary.
Prtor to the tssuance of a grading permtt, a storm dratn phastng plan that
addresses tntertm flood protection tn the 8ro~ntng Avenue area shall be
p~epared by the ;rvtne Company and reviewed and approved by the Ctty
£ngtneer.
Corn munity Development DePartment