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HomeMy WebLinkAboutPC RES 3885RESOLUTION NO. 3885 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 16507, TO SUBDIVIDE 36.84 ACRES FOR THE PURPOSE OF DEVELOPING 189 RESIDENTIAL UNITS WITHIN PLANNING AREA 21 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: Ao That a proper application for Vesting Tentative Tract Map No. 16507 was submitted by WL Homes LLC (dba John Laing Homes) requesting subdivision of a 36.84 acre area owned by the City of Tustin, into 143 numbered lots and 36 lettered lots for development of 189 residential units (138 single family units and 51 patio homes) within Planning Area 21 of the MCAS-Tustin Specific Plan, generally bounded by Harvard Avenue to the east, Edinger Avenue to the north, the Peters Canyon Flood Control Channel to the west, and Moffett Avenue to the south; That a public hearing was duly called, noticed, a nd held for said map on August 25, 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; 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 MCAS Tustin Specific Plan and the City's parkland dedication ordinance (Section 9331 of the Tustin City Code), which permits a credit for public recreational open space if affordable housing is being provided. The subdivider is providing 1.7 acres of 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 forty (40) affordable housing units to be provided in the subdivision and a credit for a minimum of one (1) acre parkland that will be provided and accessible to the public on the park site through public easements on the development site; Resolution No. 3885 TTM 16507 Page 2 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; That the site is located in Planning Area 21 of the MCAS T ustin Specific Plan, which is designated for Low Density Residential (7 units/acre) development and as conditioned will be physically suitable for the type of development and proposed density of development; 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; Ho 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 is required to pay fair-share contribution as part of the Tustin Legacy Backbone Infrastructure Program to satisfy the obligations identified in Agreement No. D02-119 between the Orange County Flood Control District and the City of Tustin related to the improvements required of the Peters Canyon Channel adjacent to the project site. The applicant will be required to provide funding towards the project's fair share of Tustin Legacy Backbone Infrastructure Program pursuant to the Disposition and Development Agreement 03-03 (DDA 03-03) for Parcel 34 to be tentatively considered by the City Council on September 2, 2003; That development of the site will require fee dedications along Edinger Avenue and Harvard Avenue for improvements in the public right-of-way for street 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 Resolution No. 3885 TTM 16507 Page 3 access to the project and mitigating individual and cumulative traffic impacts as identified in the FEIS/EIR that could be created by development; and, 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 development of Iow density development within Planning Area 21. 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. 3883 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 16507 for the subdivision of a 36.84 (gross) acre site into 143 numbered lots and 36 lettered lots for the purpose of developing 189 residential units (138 single family units and 51 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 25th day of August, 2003. ~INDA C. JENNLN~ Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3885 TTM 16507 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. 3885 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 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 16507 RESOLUTION NO. 3885 CONDITIONS OF APPROVAL Within 24 months from tentative map approval or earlier as may be stipulated in the Tustin Legacy Disposition Development Agreement (Parcel 34), the subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision M ap 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, Disposition and Development Agreement 03-03 (DDA 03-03) for Parcel 34, 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 16507 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 or pay fees for horizontal and vertical improvements, Quimby Act obligations, and Tustin Legacy Backbone Infrastructure Program improvements required to be made by the developer pursuant to City procedure or DDA 03-03 (Parcel 34). 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. 3885 TTM 16507 Page 2 (1) 1.5 Prior to final map approval, the subdivider shall submit: A current title report; and, A duplicate mylar of the Final Map, or 8¼ inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, Iandscape, and improvement plans prior to Certificate of Acceptance (1) 1.6 Tentative Tract Map 16507 shall be developed in accordance with Concept Plan 03-002, Design Review 03-018, and Conditional Use Permit 03-016, as approved by Resolution Nos. 3884 and 3886 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. 3886. Prior to approval of the final map the developer shall be in compliance with all applicable provisions of DDA 03-03 for Parcel 34. (1) 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 or insurance are required and provided under the provisions of DDA 03-03 for Parcel 34. (1) 1.8 As a condition of approval of Tentative Tract Map 16507, 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 1.9 DDA 03-03 for Parcel 34 shall continue in 'full force and effect without defaults, and all construction and completion of obligations identified i n D DA 0 3-03 s hall b e satisfied, a s applicable, prior to any final map approval. (1 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 Exhibit A Resolution No. 3885 TTM 16507 Page 3 infrastructure, or a future community facilities district for school purposes, consistent with provisions of Section 8 of the DDA 03-03 for Parcel 34. (1) 1.11 All entitlements noted in Resolution Nos. 3884, 3885, and 3886 shall become null and void in the event that the City Council does not approve DDA 03-03 for Parcel 34 or in case of default by the developer or termination by the City of DDA 03-03 for Parcel 34, including, but not limited to, the City's approval of any final maps not completed at the time of default or termination. (1) 1.12 The map boundary and parcel dimensions shall be consistent with the deed provided by the City of Tustin for Parcel 34. (1) 1.13 Subdivider's execution of a subdivision and monumentation agreement and furnishing the improvement and monumentation bonds as required by the City Engineer prior to recordation of the final map. (1) 1.14 Upon recordation of Final Map, the applicant shall obtain new addresses from the Engineering Division. GENERAL PUBLIC INFRASTRUCTURE IMPROVEMENTS The following general conditions of approval are applicable to both the Off-site Public Infrastructure Improvements and the Tustin Legacy Backbone Infrastructure Improvements. (1) 2.1 Prior to the issuance of precise grading permits, building permits, or recordation of the final map, whichever occurs first, separate 24" by 36" street improvement plans prepared by a California Registered Civil Engineer shall be required for all construction within the public right-of-way (whether construction is project related or part of the Tustin Legacy Backbone Infrastructure Program). All design and construction of improvement work shall be performed in accordance with the applicable portions of the City of T ustin's "Standard Drawings and Design Standards for Public Works Construction". Construction and/or replacement of any missing or damaged public improvements are required adjacent to this development. Said plans shall include, but not be limited to, the following: a) Any and all curbs and gutters on public streets. b) Sidewalks on public streets including curb ramps for the physically disabled. The project shall comply with City of Tustin Standard Plan No. 204 for construction of meandering sidewalks and shall comply with ADA Exhibit A Resolution No. 3885 TTM 16507 Page 4 c) d) e) f) g) h) accessibility requirements for all proposed sidewalk grades on public streets. All public sidewalks, paseos, and trail facilities shall comply with the provisions of the American with Disabilities Act. Drive aprons; Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons, in all street intersections and along the primary paths of travel through the site. Signing/striping plans: Prior to the start of final design for Tract 16507, the applicant shall submit to the City for review and approval preliminary striping plans for the surrounding public streets (Harvard, Edinger and Moffett) to the City for review and approval showing proposed traffic lane geometry, pavement widths and striping transitions, turn pocket taper lengths, and intersections' turning lanes and storage pocket lengths. The plan shall reflect the existing roadway conditions to remain in place and any proposed widening to the public streets. A 24" x 36" reproducible signing and striping plan will be required and said plan shall be prepared by a California Registered Civil Engineer and submitted to the City for review and approval. Street paving on public streets: During final design, the applicant shall submit a Pavement Analysis Study for the public streets along the site frontage (Edinger Avenue, Harvard Avenue and Moffett Avenue from Peters Canyon Wash Bridge to Harvard Avenue) that provides information on the condition of the existing roadways' structural sections. The applicant shall design and construct/re- construct the existing public roadways to current City Standards. Street lighting: The public street lighting system shall be designed and approved by the City of Tustin and Southern California Edison. Catch basin/storm drain laterals/connections to existing storm drain system with approval of OCFCD. 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 Exhibit A Resolution No, 3885 ']'TM 16507 Page 5 J) k) I) m) n) as required by the Irvine Ranch Water District. 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. Fire hydrants. Street trees: Prior to the start of final design of the perimeter public street improvements, the applicant shall submit a preliminary tree planting plan for public streets to the City for review and approval showing how the 5:1 or steeper parkway slopes will be planted with trees. Demolition of any abandoned utilities within the public right- of-way. In addition, a 24" by 36" reproducible construction area traffic control plan prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (1) 2.2 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, unless otherwise approved by responsible agencies or noted in this resolution. (1) 2.3 Adequate horizontal and vertical intersection sight lines shall be provided. In general a 25' x 25' limited use area triangle provides adequate right at typical driveways. Addition sight evaluation, however, could be required to satisfy the City of Tustin Standard No. 510 for all project streets. The site lines would be shown on the Site Plans, Rough and Precise Grading Plans and all Landscape Plans. If detailed analyses are requested, all landscaping within the limited use area would need to comply with the City of Tustin Standard No. 510. Vertical sight line profiles may also be required to verify that adequate sight distances are provided. (1) 2.4 The applicant shall submit a final Site Plan (which shows the proposed building footprints) for the project along with the project's Landscaping Plans, Rough Grading Plans and Precise Grading Plans showing intersection sight distance lines and the "limited use areas" per the City of Tustin Standard No. 5 10. Any deviations proposing the use of a non-standard sight distance and/or limited use area will require the approval of the Building Official for private Exhibit A Resolution No. 3885 TTM 16507 Page 6 street areas and the approval of the City Engineer for public streets. All private streets designs shall be based on a minimum 25-mile per hour design speed. (1) 2.5 During final design, the applicant shall verify all existing utilities and any existing easements for the project. The applicant shall provide easements for any new utilities. Any notes referring to out of date easements or property ownership shall be corrected on the final map. In addition, the final site dimensions and acreages shall be consistent with the final title report for Parcel 34, as approved by the City. 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 the "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds w ill not b e released until t he "as built" CADD files have been submitted. (2) (3) 2.7 2.8 A complete hydrology study and hydraulic calculations shall be submitted to the City for review and approval. Construction of catch basins, storm drain laterals and junction structures shall be required to eliminate the need for cross gutters on public streets. (1) 2.9 The minimum pipe diameter for all public storm drains shall be 24- inch. Exhibit A Resolution No. 3885 TTM 16507 Page 7 (1) 2.10 The applicant shall provide sufficient documentation to the satisfaction of the City Engineer that the existing storm drain systems have the capacity to convey the proposed development storm water runoff as well as any other runoff planned to be conveyed to the existing drain as identified. (1) 2.11 The applicant shall provide the drainage study for a 100-year storm showing maximum water surface area in all sump locations and a second study showing impacts of the County of Orange requirement to analyze all sump catch basins with 100% plugging (per the County's Local Drainage Manual requirements). (1) 2.12 The applicant shall submit hydrology studies for the existing and proposed drainage conditions for both the 2 5-year and 100-year storm events for the City's and County's review and approval, and provide mitigation to maintain storm water discharges for the proposed condition that is consistent with the existing condition discharges for the site. (1) 2.13 The combination wall along Peters Canyon Wash shall be designed to account for the ultimate 100-year storm high water level along and consider potential scouring if the flood control facility's 100-year storm water level exceeds the existing channel capacity. (1) 2.14 As p art of t he final design process and to comply with t he Final EIR/EIS requirements for the Disposal and Reuse of MCAS Tustin, the applicant shall submit detailed hydrology calculations for 100- year storm events for the existing pre-project condition and for the project condition. As part of the study, the project's contribution to the overall increase in stormwater runoff from the redevelopment of MCAS Tustin shall be estimated and the potential design and construction costs to mitigate the increase storm water discharge contribution from the project shall be determined. (1) 2.15 The applicant shall submit a detailed study to the City for review and approval showing the proposed project lO0-year storm water surface elevation at each sump catch basin along with an area of ponding to verify that the project's rough grade pad elevations within the sump areas are at least one-foot above the lO0-year storm water surface elevation. (4) 2.16 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: a) Final street elevations at key locations. Exhibit A Resolution No. 3885 TTM 16507 Page 8 b) Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. c) All flood hazards of record. (1) 2.17 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. (1) 2.18 Use of parkway slopes greater than allowed per the City of Tustin Standard No. 204 (parkway grading for a meandering sidewalk on a public street) will require separate approval from City of Tustin Engineering Division during the final design of the public street improvements. The one-foot offset from face of perimeter walls to the hinge point of the top of slope (instead of the minimum 2-foot offset) will be allowed only when the slope is 3:1 or flatter as identified in Standard No. 204. For Edinger Avenue, a maximum of a 2:1 parkway slope is allowed only in the areas where a 3:1 or flatter slope is not possible. Approval of the use of a 2:1 slope will be made by the City on a case-by-case basis. OFF-SITE PUBLIC INFRASTRUCTURE IMPROVEMENTS The following conditions of approval are project related, off-site public infrastructure improvements, and are in addition to the conditions of approval for the General Public Infrastructure Improvements. (1) 3.1 The applicant shall revise the traffic study for this project to include analysis of the intersection of Moffett Avenue and the project access for the possibility of installation of a traffic signal. If a traffic signal is warranted at this location, this development shall design and construct the traffic signal system. The developer shall enter into a reimbursement agreement with the City for recovery of fifty (50) percent of the signal system costs from the adjacent development along the south side of Moffett Avenue. Details of the agreement will require approval of the City. (1) 3.2 The applicant shall be responsible for fifty (50) percent of the design and construction of a traffic signal and associated improvements at Edinger Avenue and the project access. The applicant shall provide maintenance easements to City of T ustin for traffic signal equipment at the main project entrance on Edinger Avenue. Exhibit A Resolution No. 3885 TTM 16507 Page 9 (1) 3.3 The applicant shall place a minimum of a 0.2-foot thick asphalt concrete pavement overlay on Edinger Avenue from the Peters Canyon Wash Bridge to the Harvard Avenue Intersection (both sides of the street). (1) 3.4 The applicant shall remove and reconstruct the curb, gutter, and pavement section on Harvard Avenue adjacent to the project site in compliance with the required dedication of three (3) additional feet along Harvard Avenue, to the satisfaction of the City Engineer. TUSTIN LEGACY BACKBONE INFRASTRUCTURE IMPROVEMENTS The following conditions of approval are related to the Tustin Legacy Backbone Infrastructure Improvements, a nd a re in addition to the General Conditions of Approval for the General Public Infrastructure Improvements. (1) 4.1 To accommodate the project, the applicant shall modify the traffic signal at the intersection of Harvard Drive/Moffett Avenue/Paseo West Park in the City of Irvine. Design and construction of the signal shall comply with City of Irvine's requirements. 4.2 Telecommunications facilities in Moffett Avenue 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. (4) 4.3 The applicant shall be responsible for the final design and construction of Moffett Avenue from Harvard Avenue to Peters Canyon Wash Bridge, including the following infrastructure improvements, consistent with DDA 03-03 (Parcel 34). The applicant shall design and construct Moffett Avenue to align with the centerline of Paseo West Park in the City of Irvine at the east end of Moffett Avenue. The west end of Moffett Avenue shall align with the centerline of the columns of the Jamboree Road Bridge over Moffett Avenue. This alignment may require reverse curvature of Moffett Avenue in advance of the Peters Canyon Wash Bridge and may result in right-of-way dedication to accommodate the alignment. The following improvements shall be included in the street improvement plans required by Condition 2.1 of this Resolution: · Class II (on-road) bike trail, Exhibit A Resolution No. 3885 TTM 16507 Page 10 · New 1 2-inch domesticwater line perthe requirements of the Irvine Ranch Water District, unless otherwise approved by IRWD. · New 18-inch brine line, · New 16-inch reclaimed water line per the requirements of the Irvine Ranch Water District, · New 10-inch sanitary sewer line per the requirements of the Irvine Ranch Water District, unless otherwise approved by IRWD. · Storm drain; the applicant shall submit a detailed study for the storm drain in Moffett Avenue to the City for review and approval showing that the existing storm drain facility has sufficient capacity to convey storm water runoff from the development site. The study shall include the County's basis for hydraulic control design for the existing storm drain, copies of all as-built or reference documents for the existing facility, and written correspondence from the City of Irvine indicating that the City of Irvine's approved Master Plan development flows have been incorporated in the detailed study for the Moffett Storm Drain. If it is determined that the existing storm drain facilities cannot accommodate runoff from the proposed development, the applicant shall design and construct a new storm drain line in a location approved by the City and Orange County Flood Control District and dedicate a minimum of thirty (30) foot wide storm drain easement to the City of Tustin for any public-maintained RCP storm drain. The final location, width, and design of the storm drain easement shall be reviewed and approved by the Public Works Department prior to approval of the final map. · New backbone underground dry utilities (electric, gas, cable TV,.telephone, etc), · New base paving shall be installed on Moffett Avenue and the developer shall post a bond for the cost of the installation of the final pavement surface to be installed at a later date, · Raised, landscaped median improvements including irrigation facilities, · Transitional components necessary to construct and operate the Project, protect the public health and safety and/or create an opportunity for a logical and orderly future phasing of Tustin Legacy Backbone Infrastructure, which will be connected to the developer's Backbone Infrastructure. The new infrastructure shall replace existing utility systems owned by the City located in or adjacent to Moffett Avenue. Existing utility systems may be temporarily reused, but shall be identified for Exhibit A Resolution No. 3885 TTM 16507 Page 11 demolition or abandonment on the plans if they are not necessary as determined by the City and any utility purveyor who owns the system. Costs for the MCAS Tustin Backbone Infrastructure Program as identified in DDA 03-03 (Parcel 34) shall be assigned in accordance with a cost-benefit formula established by the City based on the provisions of DDA 03-03. (1) 4.4 The applicant shall be responsible for connection of the project to new backbone utility systems i n M offett A venue. There may b e existing systems that will need to be temporarily reused, but these systems shall be shown for demolition or abandonment on the plans if they are not necessary as determined by the City and any utility purveyor who owns the system. ON-SITE PRIVATE INFRASTRUCTURE IMPROVEMENTS (3) 5.1 Prior to the issuance of precise grading permits, building permits, or recordation of the final map, whichever occurs first, infrastructure construction plans, as prepared by a California Registered Civil Engineer, shall be required for all private, on-site construction. All design and construction of improvement work shall incorporate applicable conditions contained within Resolution No. 3886 and shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On- Site Private Improvements", revised April 1989, or as subsequently amended. Said plans shall include, but not be limited to, the following: a) b) c) d) e) Curbs and gutters on all streets; Sidewalks on all streets, including curb ramps for the physically disabled; all sidewalks and paseos shall comply with the provisions of the American with Disabilities Act; Drive aprons; Signing/striping plan; Street paving; all private streets that provide main circulation of the site shall meet the minimum width requirement of thirty-six (36) feet with parking on both sides and thirty-two (32) for parking on one side as required by Section 2.52(B)(8) o f MCAS T ustin Specific P lan. A II curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official. 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 Exhibit A Resolution No. 3885 TTM 16507 Page 12 f) g) h) k) m) n) ingress and twenty-two (22) feet egress on each side of the landscape island for the entire length of the island shall be provided. Street lighting: The private street lighting system shall be reviewed and approved by the City of Tustin and Southern California Edison; Catch basin/storm drain laterals/connections to the public storm drain system with approval of OCFCD; 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. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and Irvine Ranch Water District (IRWD). These facilities shall include a gravity flow system per the standards of the Irvine Ranch Water District; j) Landscape/irrigation; Underground utility connections: All utility lines shall be placed underground by the developer. I) Fire hydrants; Demolition/removal of utilities; there may be existing systems that will need to be temporarily reused, but these systems shall be shown for demolition or abandonment on the plans if they are not necessary as determined by the City and any utility purveyor who owns .the system. Clearance s hall b e obtained for demolition from t he I rvine Ranch Water District, Southern California Edison, and the Southern California Gas Company shall be obtained. Existing utilities shall be transferred to the developer from the City by bill of sale. Prior to the bill of sale and issuance of grading permits, a severance plan shall be submitted to the City for review and approval, including the location and method of capping off the utility lines shall be identified. 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 Exhibit A Resolution No. 3885 TTM 16507 Page 13 o) and shall not place an undue burden upon said operator for the provision of these facilities. Trash facilities; the applicant shall obtain approval from Federal Disposal for the proposed curbside placement and pickup of trash cans. (1) 5.2 (1) Prior to the approval of a subdivision map (except for financing and conveyance purposes), the project applicant shall design and construct a local drainage collection system designed for a minimum 10-year storm frequency except in sump conditions where a 25-year storm frequency shall be used. Secondary discharge outlets shall be provided for all sump inlet conditions. Design shall be in accordance with the City of Tustin and County of Orange standards. 5.3 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: 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 thirty-six (36) feet with parking on both sides and thirty-two (32) feet with parking on one side as required by Section 2.52(B)(8) of the MCAS Tustin Specific Plan. (1) 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 Avenue and Moffett Avenue, a minimum pavement width of twenty (20) feet for ingress and twenty-two (22) feet for egress shall be provided for the entire length of the island. 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. 5.4 Prior to the start of final design for Tract 16507, the applicant shall submit to the City for review and approval preliminary striping plans for the project's two private street entry roadways (off of Edinger Avenue and Moffett Avenue) showing all lane widths and Exhibit A Resolution No. 3885 TTM 16507 Page 14 traffic lane transition lengths (for the Edinger Avenue entry) and the external and internal intersections' lane geometry. At a minimum, a 20-foot wide pavement section shall be provided adjacent to both sides of the landscape median islands at both private entries. (1) 5.5 For the combination retaining and sound walls and the pedestrian trail through Lot II, the applicant shall submit alternative designs to the City for review and approval that will provide additional softening of the 16.3-foot tall combination wall. In addition, design details shall be submitted to the City for review and approval that will improve public safety for pedestrian users of the paseo trail. These details shall consider widening the entrance point at the location of the tallest walls and providing safety lighting within the paseo area to offset the tunnel affected created from the tall walls and the narrow 20-foot wide trail opening. The grading of any slopes within the paseo shall comply with City standards for grading. 5.6 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 a trail connection 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 16507 is completed. CONSTRUCTION (1) 6.1 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract within the subdivision to the satisfaction of the City Engineer. (1) (1) 6.2 Prior to any work in the City of Tustin and/or City of Irvine public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department of the respective agency. 6.3 Along the westerly boundary adjacent to Peter's Canyon Wash, any slope grading outside of the tract boundary shall require an encroachment permit from the Department of the Navy in coordination with the County of Orange for any work within Peter's Canyon Wash right-of-way orwithin City of Tustin public right of way. Exhibit A Resolution No. 3885 TTM 16507 Page 15 (1) 6.4 This development shall be phased so that all construction access will be taken through Moffett Avenue and no access shall be provided off of Harvard Avenue and Edinger Avenue unless otherwise approved by the Public Works Department. No temporary access locations will be permitted. DEDICATIONS/RESERVATIONS/EASEMENTS (1) 7.1 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required public street, storm drain, flood control right-of-way easements, vehicular access rights, bikeway per DDA 03-03 for Parcel 34, 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: Dedication or perpetual easement for public use of a minimum one (1) acre portion of parkland, subject to the approval of the Parks and Recreation Department for active recreational open space. 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 one acre portion of the park facilities; and, 2) the provision of public park access to and from said facility along and across private streets and paseos within the project and maintenance of the entire park facility by the developer and its successors and assigns including the future homeowners association in compliance with all provisions of DDA 03-03 for Parcel 34. Dedication i n fee title of a pprepriate corner cut-offs a t t he intersection of Harvard Avenue and Edinger and at Harvard Avenue and Moffett Avenue shall be provided and shown on the map. Co Dedication in fee title of three (3) feet of additional street right-of-way along Harvard Avenue for street widening shall be provided and shown on the map. Exhibit A Resolution No. 3885 TTM 16507 Page 16 Dedication in fee title of additional street right-of-way may be required along Moffett Avenue as a result of street alignment and shall be provided and shown on the map. (1) 7.2 Reciprocal ingress, egress, parking, utility and pedestrian access easements may need to be provided between and across certain privately owned and maintained lots and within the lettered lots. ORANGE COUNTY FLOOD CONTROL DISTRICT (5) 8.1 The developer shall pay to the City of Tustin the fair-share contribution towards the Tustin Legacy Backbone Infrastructure Program to satisfy the obligations identified in Agreement No. D02- 119 between the Orange County Flood Control District and the City of Tustin related to future improvements required to the Peters Canyon Channel adjacent to the project site. (5) 8.2 General Note 19 on Sheet 1 of Vesting Tentative Tract Map 16507 shall be revised to state, "Peters Canyon Wash Facility F06 is an existing watercourse that is required to be improved." (5) 8.3 General Note 21 on Sheet 1 of Vesting Tentative Tract Map 16507 shall be revised to indicate that Peters Canyon Channel is deficient in its ability to convey the 100-year discharge and shall be improved. (5) 8.4 The applicant shall obtain encroachment permits from the County of Orange Flood Control District for any work (including proposed bikeways, storm drain entries, street improvements, etc.) that are to be conducted within the OCFCD's existing and future right-of- way. CC&RS (1) 9.1 Prior to issuance of building permits or recordation 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. 3885 TTM 16507 Page 17 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 DDA 03-03 for Parcel 34. 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. 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. Membership in the homeowners association shall be inseparable from ownership in individual units. 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. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below. Exhibit A Resolution No. 3885 TTM 16507 Page 18 All 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 s hall b e maintained s o that t hey a re 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. 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. Private open spaces areas within the common area shall be illustrated on a "Private Open Space Exhibit" and 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 8¼ inch by 11 inch dimensioned site plan for each unit that is allocated private open space. The approved site plan showing the minimum one (1) acre portion of the park site and associated public easements that will be accessible to the public and provisions for Exhibit A Resolution No. 3885 TTM 16507 Page 19 K maintenance of these areas by the Homeowners Association. 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 95 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 for on street parking. 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 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. 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 (A-JJ and 143), including all common areas, public and private park areas, streets, alleys, paseos, etc., shall be by the homeowners association. Exhibit A Resolution No. 3885 TTM 16507 Page 20 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 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. 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. 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 a Iter, 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) 9.2 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 for Parcel 34 between the City of Tustin and WL Homes LLC (dba John Laing Homes), which is incorporated in full herein by this reference and requires the applicant, its successors or assigns, to comply with all provisions of DDA 03-03 for Parcel 34 until a Notice of Completion, as defined in DDA 03-03, 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. Exhibit A Resolution No. 3885 TTM 16507 Page 21 HOMEBUYER NOTIFICATION (1) 10.1 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 notice for roadway, trail, and train noise that may impact the subdivision, including roadway noise associated with Edinger Avenue, Harvard Avenue, Moffett Avenue, trail noise associated with the regional trail adjacent to the Peters Canyon Channel, and train noise associated with rail corridor north of the project. The notice shall indicate the current number of trains per day (59) and the estimated increase in the trains per day. 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. 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 minimum one (1) acre or more portion of the park site, to be maintained by the Homeowners Association, will be allowed and noting public ingress and egress through the subdivision will be provided for access to the park, Exhibit A Resolution No. 3885 TTM 16507 Page 22 A notice explaining the easements, facilities, amenities, and dedications that will be provided on Lots (A-JJ and 143) and indicating all on-site streets, alleys, paseos, and common areas are to be maintained by the Homeowners Association. 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, alleyway, or paseo 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 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 occu rs. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, etc. may not be allowed. A notice explaining and providing a copy of a "Private Open Space Exhibit" and separate 8¼ inch by 11 inch dimensioned site plan for each unit that is allocated private open space within the common area. Exhibit A Resolution No. 3885 TTM 16507 Page 23 Po ENVIRONMENTAL (1) 11.1 A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. FEES (1) 12.1 A notice explaining that forty (40) affordable housing units of the patio home product will be dispersed throughout the subdivision and will remain affordable for a period of forty- five (45) years or longer. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. The developer shall notify all potential homebuyers that future Assessment/Maintenance Districts may affect the property. MITIGATION 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: 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. Prior to any final map approval, the development applicant shall enter into an agreement (DDA 03-03 for Parcel 34) to participate on a pro-rated basis in the Tustin Legacy Backbone Infrastructure Program. 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. Exhibit A Resolution No. 3885 TTM 16507 Page 24 (1) 12.2 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) 12.3 Prior to issuance of the first building permit, the subdivider shall submit in-lieu parkland dedication fees in a cash amount and performance bond amount in accordance with DDA 03-03 for Parcel 34. (1) 12.4 All fees required pursuant to City and outside agency requirements as identified in Resolution No. 3886.