HomeMy WebLinkAboutCC RES 03-113RESOLUTION NO. 03-113
A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL
APPROVING 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 City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
That a proper application for Tentative Tract Map No. 16507 was
submitted by John Laing Homes (WL Homes LLC) requesting subdivision
of a 36.84 acre (gross) area, owned by the City of Tustin, 143 numbered
lots and 36 lettered lots for development of 189 residential units (136
single family detached units and 51 patio homes) within Planning Area 21
of the MCAS-Tustin Specific Plan, generally bounded by Edinger Avenue
to the north, Moffett Avenue to the south, Harvard Avenue to the east, the
Peters Canyon Flood Control Channel to the west, and;
That a public hearing was duly called, noticed, and held for said map on
August 25, 2003, by the Planning Commission and the Planning
Commission adopted Resolution No. 3884 approving Concept Plan 03-
002 for development of 189 Iow density residential units (138 single family
detached and 51 patio homes), and Resolution No. 3886 approving
Design Review 03-018 for architectural/site design of the project and
Conditional Use Permit 03-016 for patio home development, and
Resolution No. 3885 recommending that the City Council approve Vesting
Tentative Tract Map 16507;
That a public hearing was duly called, noticed, and held for said Vesting
Tentative Tract Map 16507 on October 6, 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;
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 parkland dedication
requirements (Tustin City Code Section 9331), 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 40 affordable
housing units to be provided in the subdivision and a credit for a minimum
one (1) acre of parkland and park facility improvements that will be
provided and accessible to the public through public easements on the
development site;
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
Resolution No. 03-113
Page 1 of 19
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 Tustin Specific
Plan, which is designated for Low Density Residential (1-7 du/acre)
development and is 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, 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;
The applicant will be required to provide funding of the project's fair share
of Tustin Legacy backbone infrastructure as required by Disposition and
Development Agreement 03-03 approved by the City Council on October
6, 2003;
That development of the site would require fee title dedications for corner
cut-offs at the intersection of Harvard Avenue and Edinger Avenue and
Harvard Avenue and Moffett Avenue, three (3) feet of additional street
right-of-way along Harvard Avenue for street widening, and additional
right-of-way along Moffett Avenue as may be required for street
alignment. There is a reasonable relationship between the need for the
dedications and the type of development proposed as the dedication area
would provide direct benefit to the future residents of the development by
providing access to the project and mitigating individual and cumulative
traffic impacts as identified in the FEIS/EIR that could be created by
development; and,
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 City Council by adopting Resolution No. 03-
112, has approved the 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 for the MCAS Tustin Reuse Plan and Specific Plan adequately
addressed all potential impacts related to the subdivision and are included
as conditions of approval of the entitlements.
II.
The City Council hereby approves Tentative Tract Map 16507 for the subdivision
of a 36.84 acre site into 143 numbered lots and 36 lettered lots for the purpose
of developing 189 residential units (136 single family units and 51 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
Resolution No. 03-113
Page 2 of 19
the 6th day of October, 2003.
City Clerk
~/Tracy W¢_~ W~
Mayor
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. 03-113 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day
of October, 2003, by the following vote:
COUNCILMEMBER AYES: Uorley,
COUNClLMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Kawashima, Bone, Davert, Thomas
(5)
0~-
(o)
(o)
Pamela Stoker
City Clerk
Resolution No. 03-113
Page 3 of 19
EXHIBIT A - TENTATIVE TRACT MAP 16507
CITY COUNCIL RESOLUTION NO. 03-113
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1
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 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.
(1) 1.2
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.
(1) 1.3
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.
(5) 1.4
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).
(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 8~ inch by 11 inch
transparency of each map sheet prior to final map approval and "as
built" grading, landscape, and improvement plans prior to
Certificate of Acceptance
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*** EXCEPTION
(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. The development shall consist of a 189 unit residential
Resolution No. 03-113
Page 4 of 19
subdivision that includes a product mix of 138 single family detached and
51 Patio Homes. The developer shall provide 8 dwelling units in the
development that are single story with the approval as to the size and
location of these single story units to be subject to approval of the City
prior to issuance of a building permit. The developer shall include as
many ground floor master bedrooms in the two story single family Plan 1
and Plan 3 as possible, subject to approval of the City.
(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 in
DDA 03-03 shall be satisfied, as 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 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.
Resolution No. 03-113
Page 5 of 19
(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 Tustin'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:
Any and all curbs and gutters on public streets.
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 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 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.
Resolution No, 03-113
Page 6 of 19
(1~ 2.2
(1 2.3
(1 2.4
(1 2.5
(1 2.6
Jo
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.
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.
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.
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. 510. 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 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.
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.
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.
Resolution No. 03-113
Page 7 of 19
(1) 2.7
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 will not be released until the "as built" CADD files have been
submitted.
A complete hydrology study and hydraulic calculations shall be submitted
to the City for review and approval.
(1) 2.8
(1) 2.9
(1) 2.10
(1) 2.11
(1) 2.12
(1) 2.13
(1) 2.14
(1) 2.15
(1) 2.16
Construction of catch basins, storm drain laterals and junction structures
shall be required to eliminate the need for cross gutters on public streets.
The minimum pipe diameter for all public storm drains shall be 24-inch.
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.
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).
The applicant shall submit hydrology studies for the existing and proposed
drainage conditions for both the 25-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.
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.
As part of the final design process and to comply with the 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.
The applicant shall submit a detailed study to the City for review and
approval showing the proposed project 100-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 100-year storm water surface elevation.
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:
Final street elevations at key locations.
Final padfiinished 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.
All flood hazards of record.
Resolution No. 03-113
Page 8 of 19
(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 Tustin for traffic signal equipment at the main project
entrance on Edinger Avenue.
(1)
3.3
In the absence of the applicant providing a materials report, 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, and are 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.
(1)
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
Resolution No. 03-113
Page 9 of 19
(1)
4.3
franchised system operator and shall not place an undue burden upon
said operator for the provision of these facilities.
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,
New 12-inch domestic water line per the 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
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
Resolution No. 03-113
Page 10 of 19
(1) 4.4
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.
The applicant shall be responsible for connection of the project to new
backbone utility systems in Moffett Avenue. 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.
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:
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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) of MCAS Tustin Specific
Plan. All 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 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
Resolution No. 03-113
Page 11 0f19
Lo
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;
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 shall be obtained for demolition from
the Irvine 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 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
Prior to the approval of a subdivision map (except for financing and
conveyance purposes), the project applicant shall design and bond for
construction 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.
(1)
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:
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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.
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.
(1) 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 traffic lane transition lengths
(for the Edinger Avenue entry) and the external and internal intersections'
Resolution No. 03-113
Page 12 of 19
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.
(1) 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.
(~)
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.
(1)
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 or within
City of Tustin public right of way.
(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
Resolution No. 03-113
Page 13 of 19
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 in fee title of appropriate corner cut-offs at the
intersection of Harvard Avenue and Edinger and at Harvard
Avenue and Moffett Avenue shall be provided and shown on the
map.
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.
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.
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
Resolution No. 03-113
Page 14 of 19
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:
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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.
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.
1. 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.
2. 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.
3. 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
Resolution No. 03-113
Page 15 of 19
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Resolution No. 03-113
Page 16 of 19
separate 8~ 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 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.
2. 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.
3. 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.
4. 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.
5. 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.
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 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) 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.
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,
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
Resolution No. 03-113
Page 17 of 19
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
occurs.
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 8% inch by 11 inch dimensioned site plan for
each unit that is allocated private open space within the common
area.
A notice explaining and providing a copy of the approved "Parking
and Circulation Exhibit" and related CC&R provisions.
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.
ENVIRONMENTAL MITIGATION
(1) 11.1
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:
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.
FEES
(1) 12.1
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
Resolution No. 03-113
Page 18 of 19
(1)
(1)
(1)
12.2
12.3
12.4
will be determined upon submittal of documents for review.
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.
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.
All fees required pursuant to City and outside agency requirements as
identified in Resolution No. 3886.
Resolution No. 03-113
Page 19 of 19