Loading...
HomeMy WebLinkAboutPC RES 3946 RESOLUTION NO. 3946 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 16582 TO SUBDIVIDE 86.26 ACRES FOR THE PURPOSE OF DEVELOPING 465 RESIDENTIAL UNITS WITHIN PLANNING AREA 21 OF THE MCAS-TUSTIN SPECIFIC PLAN (MCAS TUSTIN REUSE PLAN PARCEL 35 AND PARCEL 36) The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Tentative Tract Map No. 16582 was submitted by Marble Mountain Partners LLC requesting the subdivision of a 86.26 acre site, into 286 numbered lots and 69 lettered lots for the purpose of developing 465 residential units, including 211 single family detached units, 68 carriage way single family detached units, and 186 condominium units within a portion of Planning Area 21 of the MCAS Tustin Specific Plan on MCAS Tustin Reuse Plan Disposal Parcels 35 and Parcel 36, generally bounded by Harvard Avenue to the east, Moffett Avenue to the north, the Peters Canyon Flood Control Channel to the west, and Warner Avenue to the south; B. That a public hearing was duly called, noticed, and held for said map on January 24, 2005 and continued to February 14, 2005, by the Planning Commission; C. As conditioned, the proposed subdivision will be in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan as proposed to be amended by Zone Change 04-002, State Subdivision Map Act and the City's Subdivision Code, with the exception of MCAS Tustin Reuse Plan Disposal Parcel 36 currently within the City of Irvine, which conforms to General Plan Amendment 04-001 and Zone Change 04-001, to be considered by the City Council; D. The proposed subdivision is in conformance with MCAS Tustin Specific Plan as amended by Resolution No. 3944 for approval of Specific Plan Amendment/Zone Change 04-002. E. That the site is located in Planning Area 21 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential on MCAS Tustin Reuse Plan Disposal Parcel 35 and Parcel 36. Parcel 36 is currently located in the City of Irvine and proposed to be annexed to City of Tustin in the near future under separate action, and that the development and as conditioned will be physically Resolution No. 3946 TTM 16582 Page 2 suitable for the type of development and proposed density of development; F. The applicant will be required to provide funding towards the project's fair share of Tustin Legacy Backbone Infrastructure Program, which includes improvements that are required to serve new development at MCAS- Tustin, including but not limited to roadway improvements; traffic and circulation mitigation to support development at the former MCAS-Tustin project; domestic and reclaimed water; sewer; telemetry systems; storm drains and flood control channels; retention and detention systems, open space and public recreational facilities and; utility backbone systems. 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; G. H. 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; I. 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 and as amended on June 8, 2004, related to the improvements required of the Peters Canyon Channel adjacent to Parcel 35. Improvements to Peters Canyon Channel adjacent to Parcel 36 will be the responsibility of the developer, including all jurisdictional wetland mitigation, subject to the provisions of a Cooperative Agreement between the developer and the City of Tustin. Resolution No. 3946 TIM 16582 Page 3 J. That development of the site will require the developer to dedicate in fee title of property to the City of Tustin, including adjacent to the Peters Canyon Channel for future channel widening and regional trail improvements and along Harvard Avenue for improvements in the public right-of-way to ensure access to the project and the provision of planned infrastructure; and, K. To ensure there is adequate infrastructure to support buildout of the project, construction of all public infrastructure and in-tract private streets and utility systems is required within the initial phase of development. In addition, to ensure orderly development and the systematic provision of required affordable housing, construction phasing of affordable units will be required to be reasonably proportionate to market rate units. L. That the MCAS Tustin Specific Plan requires the provision of affordable housing affordable to very low, low, and moderate income level persons. The applicant has submitted a request for incentives for the development of affordable housing (Le., density bonus) in Planning Areas 4 and 5 and has requested the transfer of eight (8) very low income units and seventeen (17) low income units from Planning Area 21 to Planning Area 5. A total of twelve (12) very low units and thirty (30) moderate income units would be provided in the development. In accordance with Section 3.9.4.1.3.1 of the MCAS Tustin Specific Plan, which provides for the transfer of affordable housing unit obligations to an off-site location at the City's sole discretion, the transfer of these units is appropriate in that they are proposed to be located in condominium and senior housing projects in Planning Area 5, which will offer equivalent housing opportunities. The applicant will also be required to enter into a Housing Incentive Agreement to ensure the provision of affordable housing within the tract. M. That Section 3.9.4.1.3b of the MCAS Tustin Specific Plan requires the provision of twelve (12) transitional housing units to implement the Homeless Accommodation Strategy approved by the City of Tustin and the Department of Housing and Urban Development (HUD). As conditioned, twelve (12) very low units shall be located on Parcel 35 within Planning Area 21 and designated for Homeless Providers and the applicant will be required to execute agreements with two Homeless Providers prior to issuance of building permits to ensure these units are made available for transitional housing at no cost to each provider. In the future, transfer of the twelve (12) transitional units to Planning Area 5 can be approved by the Community Development Director upon execution of an agreement between the City of Tustin, the developer, and the Homeless Providers. In addition, to satisfy the transitional housing obligation for Parcel 36, the applicant is required to provide for the transfer of Resolution No. 3946 TIM 16582 Page 4 14 units to Families Forward, at no cost, to Families Forward for the provision of transitional housing for the homeless on Parcel 37 in Irvine or an acceptable location elsewhere as may agreed to in writing between the City of Tustin, City of Irvine and Families Forward. N. That the MCAS Tustin Specific Plan process included public conveyances of City parks and an Urban Regional Park and individual developers were relieved of the requirement to dedicate land for park purposes; however, the developer is required to provide funding toward the project fair share of Tustin Legacy open space and recreational facilities including payment of 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 6.19 acres of private parkland (Lot 237, 2.11 park site, Lot R, 1.39 open space/paseo, Lot BC, 2.69 linear park site) in the proposed subdivision and would be eligible for a waiver of parkland dedication fees pursuant to Section 9931 d(1 )(c) of the Tustin City Code for the forty-two (42) affordable housing units to be provided in the subdivision and a credit for 2.35 acre parkland that will be provided and accessible to the public on the private park site through public easements on the development site. It is appropriate to waive a portion of the fees since affordable housing units will be provided within Planning Area 21 and provide a credit for a portion of the park areas that will be accessible to the general public. O. That the Building Official has considered and approved deviations to the Private Improvement Standard to allow turning radii of less than 25 feet for private drives based on the submitted Circulation Plan for a forty (40) foot long moving truck with an effective width of eight (8) feet. P. 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 low 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. 3943 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. ..----, Resolution No. 3946 TIM 16582 Page 5 II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 16582 for the subdivision of a 86.26 (gross) acre site into 286 numbered lots and 69 lettered lots for the purpose of developing 465 residential units; (211 Single Family Detached units, 68 Carriage Way units, and 186 condominium units) within a portion of Planning Area 21 (Parcel 35 and Parcel 36), subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular Commission held on the 14th day of Febru &ð:t!d,~ ELIZABETH A. BINSACK Planning Commission Secretary Tustin Planning STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTI N ) 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. 3946 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of February, 2005. ~~~ ~...-!- ELI BETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A - TENTATIVE TRACT MAP 16582 RESOLUTION NO. 3946 CONDITIONS OF APPROVAL Within 24 months from tentative map approval, 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. If multiple final maps are proposed, each map shall comply with all requirements herein and the requirements for phasing setforth in Condition 2.1. Resolution No. 3946 shall become null and void in the event that General Plan Amendment 04-001 and Zone Change 04-001 as it affects Parcel 36 and any proposed improvements on Parcel 36 including any improvements which straddle the boundary between Parcel 35 and Parcel 36 and Resolution Nos. 3945, 3946, 3947 approving Concept Plan 03- 004, Zone Change 04-002, Design Review 04-004, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 21 to Planning Area 5, are not approved by the City Council. If Resolution No. 3946 becomes null and void, the applicant shall submit a new tentative tract map that will only encompass Parcel 35 and all related development for review and approval of the City Council. Resolution No. 3946 as it affects parcel 36 shall not become effective until Annexation 159 for the annexation of MCAS Tustin Reuse Plan Disposition Parcel 36 becomes effective and the annexation shall occur prior to the approval of Final Map 16582. Approval of Resolution No. 3946 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. 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 Exhibit A Resolution No. 3946 TIM 16582 Page 2 (1 ) (5) (1 ) (1 ) (1 ) (1 ) 1.5 (1 ) 1.6 1.7 1.8 1.9 The final tract map(s) shall be developed in accordance with Resolution Nos. 3945, 3946, 3947 and 3948 approving Concept Plan 03-004, Zone Change 04-002, Design Review 04-004, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 21 to Planning Area 5, and all applicable requirements of the MCAS Tustin Specific Plan, Tustin City Code, and applicable policies and guidelines. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance, the MCAS Tustin Specific Plan, the Tustin City Code, applicable City of Tustin guidelines and standards and applicable mitigation measures identified in the certified FEISIEIR, and other agreements with the City of Tustin unless otherwise modified by this Resolution or Resolution Nos. 3948, 3945, and 3947. Prior to recordation of the first final map, or issuance of the first building permit, whichever occurs first, the subdivider shall be required to execute bonds or pay fees for grading permits, Quimby Act obligations, and the developer's Fair Share of Tustin Legacy Backbone Infrastructure Program improvements as determined by the Tustin City Council, required to be made by the developer pursuant to City procedures. Prior to recordation of the final map, the subdivider shall execute a subdivision and monumentation agreement and furnish the improvement and monumentation bonds as required by the City Engineer. 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. 1.10 Subdivider shall not oppose any future creation of a landscape and lighting district for maintenance within the public right-of-way or of public parkland, a community facilities district for funding of Tustin Legacy backbone infrastructure or municipal service provision to the project site, or a future community facilities district for school purposes. 1.11 Prior to final map approval, the subdivider shall submit: A. B. A current title report; and, A duplicate mylar of the Final Map, or 8~ inch by 11 inch transparency of each map sheet and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance Exhibit A Resolution No. 3946 TIM 16582 Page 3 (1 ) (1 ) (1 ) (1 ) 1.12 Upon recordation of any final map or submittal of an application for building permits, the applicant shall obtain new addresses for all lots and buildings from the Engineering Division. 1.13 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. 1.14 As required by Amendment No.1 to the Joint Cooperative Agreement between the City, the County of Orange, and the Orange County Flood Control District (OCFCD), the applicant shall: indemnify and defend the City of Tustin, the County of Orange ("County") and the Orange County Flood Control District ("District") against any claims, loss, liability or damages arising from damage to property or injury to persons resulting from flooding and/or erosion within Tract 16582. The applicant shall ensure that it has adequate assets in existence to fund this obligation until completion of the future widening and Peters Canyon Channel Improvements. These defense and indemnify obligations do not extend to any loss, liability, or damages established by a court of competent jurisdiction to be cause by the County's or District's negligence or willful misconduct in the design or maintenance of existing flood control improvements in the Peters Canyon Channel, provided the failure to improve Peter's Canyon Channel adjacent to Parcels in the City of Tustin and City of Irvine will not constitute negligence or willful misconduct on the part of the District or County. In addition, the developer shall provide interim erosion protection along Peters Canyon Channel within the approximate 40 foot proposed right-of- way currently owned by the Department of Navy adjacent to Panel 35 and the 40 foot dedication adjacent to Reuse Disposal Parcels 35 and 36. 1 .15 The Developer shall accommodate, at various locations on the Developer Parcel as approved by Community Development, pedestrian and bicycle connections to the regional bike trail on Peters Canyon Channel, Harvard Avenue, Moffett Avenue, and proposed improvements along Warner Avenue within the City of Irvine. The final map shall include a perpetual easement in favor of the City, its successors and assigns, in form and substance acceptable to the City in its sole discretion and at no cost to the City, providing pedestrian and bicycle access to the public upon and Exhibit A Resolution No. 3946 TTM 16582 Page 4 (1 ) across the full length of any foregoing pedestrian and bicycle connections on the Developer Parcel as they connect to adjoining bike paths. Notwithstanding the foregoing, the Developer and its successors and assigns shall retain responsibility for maintenance and repair of the foregoing pedestrian and bicycle connections constructed on the Developer Parcel. 1.16 Unless otherwise agreed to by the City in its sole discretion, property within the tract or any street or sidewalk or alleyway thereon shall not be privately gated; provided however, that any swimming pool and/or spa facility within the Common Area and any indoor Common Area Improvement, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the Project and their guests. PROJECT PHASING/AFFORDABLE HOUSING (1 ) 2.1 (1 ) 2.2 (1 ) 2.3 Design and construction of all public infrastructure and in-tract private streets and utility systems shall be constructed within the initial phase of development and shall be completed prior to the issuance of building permits for any Phase 1 unit as identified on Sheet CP-7 (Phasing Plan). Model units may be constructed prior to completion of infrastructure if adequate ingress and egress is provided to the satisfaction of the Building Official and Orange County Fire Authority. Project infrastructure (i.e., drives within condominium projects) and utilities shall be constructed at the time of project development. The developer shall develop, market and sell Moderate income ("affordable units") in the project area and shall construct such units in approximately the same proportion to the market rate units as shown on the Phasing Plan and as per the conditions of approval contained herein including Condition 2.1. If there is any deviation from provisions contained herein and in Condition 2.1, no additional building permits shall be issued until compliance with said provisions. This information shall be disclosed to all home builders or with each final conveyance map. Prior to recordation of the first final map including a conveyance map, or issuance of first building permit, whichever occurs first, the applicant shall enter into a Housing Agreement with the City to insure implementation of the Affordable Housing requirements of the Specific Plan, the City's Density Bonus Ordinance, the City approved "Affordable Housing Plan, Density Bonus Application, and the City's Affordable Housing Policy and compliance with California Health and Safety Code Section 33413(b)(2). A minimum of thirty (30) units shall be sold to moderate income households and no fewer than twelve (12) transitional units within the very low income category shall be conveyed to homeless providers for transitional housing for assistance to homeless (Human Options and Orange County Interfaith Exhibit A Resolution No. 3946 TIM 16582 Page 5 (1 ) 2.4 (1 ) 2.5 (1 ) 2.6 Shelter). Eight (8) very low income units and seventeen (17) low income units are approved for transfer to Planning Area 5. As part of the Housing Agreement, affordable covenants and other agreements shall be required to be recorded against each unit and will be binding on properties upon sale of transfer of units for a minimum of 45 years. Prior to issuance of building permits or recordation of the first final map, whichever is earlier, the applicant shall provide signed agreement acceptable to the City of Tustin in from and content between the City of Tustin, the applicant, and three individual homeless service providers including Human Options, Orange County Interfaith Shelter and Families Forward. The individual agreements with Human Options and the Orange County Interfaith Shelter shall provide that the applicant convey six (6) units to Human Options and 6 units to the Orange County Interfaith Shelter, at no cost, for the provision of transitional housing to the homeless on the subject site or an acceptable alternative location elsewhere as may be agreed to in writing between the City of Tustin, applicant and each of these homeless providers. The agreement between the City of Tustin, the applicant and Families Forward shall provide for the transfer of 14 units, at no cost, to Families Forward for the provision of transitional housing for the homeless on Parcel 37 in Irvine or an acceptable location elsewhere as may agreed to in writing between the City of Tustin, City of Irvine and Families Forward. Prior to the issuance of any building permits, the applicant shall execute an agreement with the City of Tustin to ensure that the affordable housing units that were required on Parcel 36 and are being transferred by the City of Irvine to Parcel 37 will be provided in Irvine. The agreement shall include an indemnification of the City of Tustin for not imposing any affordability requirements on Parcel 36. In the event that this agreement is not executed, the applicant shall amend the Affordable Housing Plan to provide twenty-one (21) affordable units on Parcel 36, which include eight (8) very low income units, five (5) low income units, and eight (8) moderate Income units. The developer shall submit to the City Affordable Housing Purchaser Selection and Criteria Plan for Redevelopment Agency review and approval 30 days prior to approval if a final map or issuance of a building permit. The City will approve or disapprove the Affordable Housing Purchaser Selection and Criteria Plan within 20 calendar days. The developer shall initiate marketing and sales of the Affordable Housing units after City's approval of Developer's Affordable Housing Purchaser Selection and Criteria Plan. Sale of Affordable Housing units can begin after final map recordation and all necessary California Department of Real Estate approvals. The developer shall submit to City individual escrow instructions for buyers of Affordable Housing units and all other related documents at least 20 calendar days prior to close of escrow of individual Affordable Housing units and with submission of individual Exhibit A Resolution No. 3946 TIM 16582 Page 6 escrow instructions and related items by developer to City. The City shall approve or disapprove individual escrow instructions and related items for buyers of Affordable Housing units within 10 calendar days of following submission by developer. CONDITIONS FOR NON-BACKBONE INFRASTRUCTURE IMPROVEMENTS The following general conditions apply to Tustin Legacy Non-Backbone Infrastructure improvements, as specified in each condition to ensure coordinated design, construction, and operation of all on and off-site infrastructure and utility systems. (1 ) 3.1 Separate 24" by 36" street improvement plans for all Tustin Legacy Non- Backbone Infrastructure Improvements identified in the following Conditions and other public improvements, as prepared by a California Registered Civil Engineer, or Landscape Architect for Item F, shall be required for all design and construction within the public right-of-way, including, but not limited to, the following: A. Curb and gutter at the project entries on Harvard Avenue and on Moffett Avenue; Sidewalk on Harvard Avenue and Moffett Avenue, 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. This may require ramps at Moffett and Harvard Avenue to be replaced to comply with the American with Disabilities Act; Catch basins/ storm drain laterals/ connections to the existing storm drain system with approval of Orange County Flood Control District (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 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 Ranch Water District (IRWD). These facilities shall include a gravity flow system per the standard of the Irvine Ranch Water District; Landscape/irrigation; B. C. D. E. F. Exhibit A Resolution No. 3946 TIM 16582 Page 7 G. Underground utility connections: All utility lines shall be placed underground by the developer Fire hydrants; Demolition and removal of any abandoned utilities at the entire site including within the public right-of-way. Design and installation of traffic signal at Harvard Avenue and Lot "BN" (main entry). Design and installation of the traffic signal at Moffett Avenue and "B" Street. The developer shall design and construct or bond for design and construction of Peters Canyon Channel Improvements adjacent to Reuse Disposal Parcel 36 (annexed to Tustin) and any transitional facilities necessary for transition to Peters Canyon Channel improvements being constructed by Irvine in conjunction with the design and construction bonding for such channel in Irvine improvements to be made by the applicant. H. I. J. K. L. Consistent with City of Irvine conditions of approval for Parcel 37 Tract 16662 in Irvine, prior to recordation of the first final map, the applicant shall construct, or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of the storm drain facilities to serve the site and improvements to Peters Canyon Channel adjacent to Parcel 36 subject to Orange County Flood Control requirements to transition to channel widening required adjacent to Parcel 37, including all jurisdictional wetland mitigation measures which may be required. Said improvements shall be designed and constructed consistent with design and construction of the segment of channel to the north and consistent with the Runoff Management Plan (ROMP) approved plan by the Orange County Flood Control District (OCFCD). In addition, the applicant is required to install all infrastructure and landscape improvements for the future extension of the Peters Canyon trail within Lot "BO." All public access easements outside of the existing or proposed street rights-of-way shall be clearly shown and labeled on the plans and street sections and design and placement of utilities such as light poles, street furniture, traffic lights, etc. will be subject to design parameters established by the City. (5) In addition, a 24" by 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, shall be required. ,~ All public improvements, including, but not limited to, water supply, sanitary sewer facilities, reclaimed water supply, storm water drainage, electrical service, gas service, and other facilities and utilities shall comply 3.2 Exhibit A Resolution No. 3946 TIM 16582 Page 8 (1 ) 3.3 (1 ) 3.4 (1 ) 3.5 (1 ) (5) 3.6 3.7 with the City of Tustin General Plan, the MCAS Tustin Specific Plan, City development standards and guidelines, and all conditions contained herein, including, but not limited to, the following: A. The project shall comply with City of Tustin Standard Plan No. 204 for construction of a meandering sidewalk along Harvard Avenue and ADA accessibility requirements for all proposed sidewalk grades on public streets. B. All landscape setbacks shall be consistent with the City of Tustin MCAS Specific Plan. C. Adequate horizontal and vertical intersection sight lines shall be provided and shown on the grading plan and landscape plan. A minimum 25 foot by 25 foot limited use area triangle shall be provided to ensure adequate sight lines at all driveways and the applicant shall comply with City of Tustin's Standard Drawings and Design Standards for Public Works Construction No. 510 for all public and private intersection sight distances and limited use area requirements for the project's streets. 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 including but not limited to: IRWD, City of Irvine, SCE, The Gas Company, OCFCD, SBC, Cox Communications, etc. The applicant shall submit a complete hydrology study and hydraulic calculations to the City for review and approval. The applicant shall provide sufficient documentation to the satisfaction of the City Engineer and County of Orange for that the existing storm drain systems that 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 on any approved specific plans, including the connection to any existing Storm Drain in Moffett Drive, and demonstrate that the existing storm drain or any new storm drains comply with City Standards for Public Street Improvements. The minimum pipe diameter for all public storm drains shall be 24-inch. All storm drains to be constructed within or adjacent to the development shall be designed per the applicable Orange County Flood Control District's (OCFCD) and City of Tustin standards. Exhibit A Resolution No. 3946 TTM 16582 Page 9 (5) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) 3.8 The applicant shall provide a 100-year storm drainage study for review and approval to the City of Tustin showing the maximum water surface elevations for all locations and a second study showing secondary overflow discharge locations based upon the OCFCD requirement to analyze all grated inlet locations with 100% plugging (per the County's Local Drainage Manual requirements). For all design and construction of connections to Peters Canyon Channel, the plans and specifications shall be reviewed and approved by the Orange County Flood Control District. 3.9 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. 3.10 The applicant shall be responsible for design and construction of any storm drain or other drainage facilities necessary to comply with the City's Runoff Management Plan for Tustin Legacy. 3.11 All proposed utilities and storm drain lines shall be labeled as being either private or public, subject to approval by the Public Works Director and applicable utility providers. 3.12 The minimum grade on gutter flow lines shall be 0.4 percent (including the flow line grades in street tapers and horizontal curves). Construction of catch basins, storm drains laterals and junction structures shall be required to eliminate the need for cross gutters on public streets. (1 ) 3.13 Prior to issuance of an encroachment permit, preparation of a sedimentation and erosion control plan for all work related to this development shall be submitted to the City for review and approval. 3.14 Prior to issuance of grading permits, preparation and submittal of a final grading plan shall be provided to the City of Tustin for review and approval 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; B. Final pad/finished floor elevations and key elevations for all site grading as established by the approved hydrology report and elevations provided by the Orange County Flood Control District. 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. 3.15 The applicant shall design and install the traffic signal at the intersection of Moffett Avenue and the project access as shown in the approved Traffic Exhibit A Resolution No. 3946 TIM 16582 Page 10 (1 ) (1 ) Study for this project. The applicant will be subject to 50% reimbursement of these costs from the John Laing Homes Tract No. 16507. 3.16 Prior to submittal of roadway improvement plans, 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 Harvard Avenue and Moffett Drive) showing all lane widths and traffic lane transitions lengths (for the Harvard Avenue entry) and the external and internal intersections' lane geometry. At a minimum, 20-foot wide pavement sections shall be provided adjacent to both sides of the landscape median islands at both private entries. 3.17 The applicant shall be responsible for abandoning and removing all existing utilities within the current and proposed roadway sections. (1 ) 3.18 Prior to the start of final design of the perimeter public street improvements, the applicant shall submit a preliminary landscape plan for Harvard Avenue and Moffett Avenue to the City for review and approval. (1 ) 3.19 Prior to recordation of the first final map, the applicant shall be required to enter into a landscape maintenance agreement with the City of Tustin for all parkway improvements within public right-of-way along Harvard Avenue, Moffett Avenue and Lot "BQ, " and for the landscaped areas of Parcel 1-8-3 to be retained in ownership by the City. (1 ) 3.20 Prior to recordation of the first final map, the applicant shall secure an access easement for maintenance of the exterior portions of the wall adjacent to the future Peters Canyon Channel right-of-way. (1 ) The applicant shall ensure that the site has adequate flood protection and runoff from the development will not result in adversely impacting downstream facilities. 3.21 (1 ) 3.22 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 2004 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 (Le., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2004. Drawings created in AutoCAD Release 2000 are compatible and acceptable. Exhibit A Resolution No. 3946 TIM 16582 Page 11 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. TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM (1 ) 4.1 (5) 4.2 This Subdivision necessitates the construction of certain infrastructure improvements as outlined in the Tustin Legacy Backbone Infrastructure Program for the former MCAS Tustin. The applicant shall fund its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure and shall provide security satisfactory to City to insure that the entire Fair Share Contribution is paid to the City including amounts due for the Government Parcels within the City of Irvine as required in the Cooperative Agreement between the City of Tustin and Marble Mountain Partners LLC, dated February 7,2005. The developer shall pay to the City of Tustin its fair-share contribution towards the Tustin Legacy Backbone Infrastructure Program to satisfy the obligations identified in Cooperative Agreement No. D02-119 between the County, Orange County Flood Control District and the City of Tustin for Parcel 35. Improvements to Peters Canyon Channel adjacent to Parcel 36 will be the responsibility of the developer, including all jurisdictional wetland mitigation, subject to the provisions of a Cooperative Agreement between the developer and the City of Tustin. PRIVATE IN-TRACT IMPROVEMENTS (3) 5.1 Prior to the issuance of precise grading permits or infrastructure construction plans, plans prepared by a California Registered Civil Engineer shall be required for review and approval all private, on-site construction. All design and construction of improvement work shall incorporate applicable conditions contained within Resolution No. 3947 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. Curbs and gutters on all streets; B. Sidewalks on all streets, including curb ramps for the physically disabled; all sidewalks, pathways, paseos, and trails shall comply with the provisions of the American with Disabilities Act; C. Drive aprons; Exhibit A Resolution No. 3946 TTM 16582 Page 12 D. E. F. G. J. (3) 5.2 Signing/striping plan; Street and drive aisle paving; all private streets, drive aisles, and curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; Catch basin/storm drain laterals/connections to the public storm drain system with approval of the Orange County Flood Control District; 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 the 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 (IRWD); H. 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 be consistent with the standards of the Irvine Ranch Water District; I. Underground utility connections: All utility lines shall be placed underground by the developer; Fire hydrants; K. Demolition/removal of utilities in accordance demolition/severance plan as required herein; with the L. 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; and, Prior to the issuance of building permits, construction plans, as prepared by a California Registered Civil Engineer, or Landscape Architect for Item B, shall be reviewed and approved by the Community Development Department for the following private improvements: Exhibit A Resolution No. 3946 TTM 16582 Page 13 (1 ) 5.3 (1 ) 5.4 A. Street lighting: The private street lighting system shall be reviewed and approved by the City of Tustin; B. Landscape/irrigation; C. Trash facilities; the applicant shall provide commercial trash collection and obtain approval from the Engineering Division for the location, size, and trash enclosures. All improvement work shall be 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. A detailed hydrology and hydraulic analysis for 25-year and 100-year storm frequencies shall be provided for both the existing and proposed on- site conditions to determine any requirements for on-site storm water retention/detention and facility sizing. The applicant shall be required to accept upstream storm water that would historically cross the property and detain/retain on the property such upstream water so that the release of said water into downstream regional flood control systems does not exceed historical flow rates or the downstream capacity of such systems. Drainage connections to OCFCD regional facilities shall be designed with consideration of interim and future conditions of the regional channel system and consistent with the water surface elevation criteria established by the approved Tustin Legacy Runoff Management Plan. COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (1 ) 6.1 The applicant shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: A. C. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. B. The applicant shall obtain permission from affected property owners for any work located on adjacent properties including property owned by the Department of Navy. Along the westerly boundary of Reuse Disposal Parcel 35 adjacent to Peter's Canyon Wash, any slope grading outside of the tract boundary shall require an encroachment permit from the property owner (currently 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. Exhibit A Resolution No. 3946 TIM 16582 Page 14 D. The applicant shall obtain all approvals and permits from the applicable property owners and City of Irvine for work within the adjacent property and City of Irvine's limits. All infrastructure improvements in the City of Irvine shall be coordinated with the City of Irvine and shall comply with Irvine's applicable standards. E. The applicant shall obtain all approvals and permits from the applicable Regional Resource Agencies including, but not limited to: the Orange County Flood Control District (OCFCD), the Army Corps of Engineers, the California Department of Fish and Game, the California Regional Water Quality Control Board, etc. for work within the open channels. F. The applicant shall coordinate the design and construction of the bus stop locations with the Orange County Transportation Authority. G. The applicant shall obtain written approval and/or permits from the applicable utility companies including but not limited to SCE, The Gas Company, IRWD, SBC, Cox Communications, etc. CONSTRUCTION (1 ) 7.1 (1 ) 7.2 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. The applicant shall comply with construction and demolition all waste diversion requirements. In particular the applicant is required to comply with Section 4327 of the Tustin City Code which details the requirements for developing and implementing a Waste Management Plan. GRANTS IN FEE AND DEDICATIONS (1 ) 8.1 The applicant and subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of Harvard Avenue and Moffett Avenue, traffic signal equipment and maintenance easements at Harvard Avenue/Lot "BN" and Moffett Avenue/Lot "BP," drainage and flood control right-of-way easements including Lot "BQ," pedestrian and vehicular access rights, utility easements and public parks, defined and approved as to specific locations by the City Engineer and other agencies, for this project. Reciprocal ingress, egress, parking, utility and pedestrian access easements may need to be provided between and across certain privately own and maintained lots and within the lettered lots including but not limited to the following: Exhibit A Resolution No. 3946 TIM 16582 Page 15 (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) CC&RS (1 ) 8.2 8.3 8.4 8.5 8.6 8.7 9.1 . Lot "BN " Lot "P" Lot "A" Lot "R" Lot "BC" Lot "FG" Lot "MN " , , , , , , , , , and Lot "0." The applicant shall dedicate in fee title to the City of Tustin a forty (40) foot wide area (Lot "BQ") to accommodate future Peters Canyon Channel widening. The applicant shall dedicate in fee title to the City of Tustin the required corner cut-offs at the intersection of Harvard Avenue and Moffett Avenue. The applicant shall identify the easements for public use of privately owned parks and related public access easements for the public parks on the final map. All dedication and/or offers of dedication shall also state that the City of Tustin shall be permitted to obtain, at no cost, a right-of-entry and temporary construction easement for all on-site joins when the ultimate street improvements are constructed. The right-of-entry and temporary construction easement shall terminate on the date that the Notice of Completion is recorded at the Orange County Recorder's office. The tentative tract map shall be revised to reconfigure Lot "BO" to remove the raised median area from the required dedicated area and the final map shall incorporate this revision. The applicant shall dedicate public access and maintenance easements to the City of Tustin for sidewalks along Harvard Avenue and Moffett Avenue. All organizational documents for the project and covenants, conditions, and restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department, and City Attorney's Office. Costs for such review shall be borne by the subdivider. The approved CC&Rs shall be recorded with County Recorder's Office at the same time as recordation of the final map. A copy of the final documents shall be submitted to the Community Development Department after recordation. No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowners association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all other mutually available features of the development including, but not limited to, open space, amenities, landscaping, or slope maintenance landscaping, private streets, and utilities. No dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved ,---.-., Exhibit A Resolution No. 3946 TTM 16582 Page 16 phases thereof, have been completed or completion is assured by a financing guarantee method approved by the City. CC&Rs shall include, but not be limited to, the following provisions: A. B. C. D. E. F. 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 (Le., walks, sidewalks, trails), parkland facilities and bikeways, open space areas, and including an 0 & M plan for the funding and maintenance of all structural and non-structural best management practices ("BMP's"). 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 Exhibit A Resolution No. 3946 TIM 16582 Page 17 G. H. I. J. 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. Recreational open spaces areas within the common area shall be illustrated on a "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 general public access rights required to be maintained in perpetuity by the homeowners association and the level of maintenance standard for all park and open space areas that the City is granting parkland credit to the developer. The approved site plan showing the public portion of the park site and associated public easements that will be accessible to the general public and provisions requiring maintenance of these areas in perpetuity 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 597 on-street and 21 off-street for a total of 618 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 Exhibit A Resolution No. 3946 TTM 16582 Page 18 K. L. M. N. o. P. o. 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. All common areas, public and private park areas, streets, alleys, paseos, etc., including but not limited to Lot 237 and Lots A through BO, including shall be maintained 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 1 st 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, Exhibit A Resolution No. 3946 TIM 16582 Page 19 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. R. LOT BO will be developed in the future as an extension of the Peters Canyon trail that will be part of the County's public accessible trail along the Peters Canyon Flood Control Channel. 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. A notice for roadway, trail, and train noise that may impact the subdivision, including roadway noise associated with, Harvard Avenue, Moffett Avenue, Warner 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. B. 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. C. 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. D. 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. E. A notice indicating that public use of portions of parks or open space within the tract, to be maintained by the Homeowners Association, will be allowed and noting public ingress and egress Exhibit A Resolution No. 3946 TIM 16582 Page 20 G. J. K. L. through the subdivision will be provided for access to the park/open space. An exhibit delineating these areas shall accompany this notice. F. A notice explaining the easements, facilities, amenities, and dedications that will be provided on lettered Lots 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. H. A notice of future widening of Peters Canyon Channel and potential risk of flooding concerning this project or from any potential flooding impacts from the adjacent Peters Canyon Flood Control Channel. I. 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 with the exception of the twelve (12) transitional units transferred to Human Options and Orange County Interfaith Shelter which will be used for transitional housing purposes. 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. Exhibit A Resolution No. 3946 TIM 16582 Page 21 M. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, etc. may not be allowed. N. A notice explaining and providing a copy of a "Open Space Exhibit" and separate 8Y2 inch by 11 inch dimensioned site plan for each unit that is allocated private open space within the common area. o. A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. P. A notice explaining that thirty (30) affordable housing units (Moderate Income) and twelve (12) transitional units will be dispersed in the project and will be restricted subject to recorded covenant agreement for a period of forty-five (45) years. Q. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. R. The developer shall notify all potential homebuyers that future assessment district or community facilities districts may affect the property. S. The applicant shall notify all potential homebuyers of the two (2) 220KV and one 66 KV overhead electric transmission lines are located along Harvard Avenue on the east side and south side of Tract 16582. The lines are owned and, operated and maintained by the Southern California Edison (SCE). IN the future, SCE may increase the number of transmission lines within its right-of-way and may increase the electric current through the lines that currently exist. ENVIRONMENTAL MITIGATION (1 ) 11.1 All mitigation measures related to the tentative tract map required by the adopted Mitigation Monitoring Program for the MCAS Tustin Reuse Plan/Specific Plan FEIS/EIR that are required by the Mitigation Monitoring Program for the project, identified in this exhibit and in other project entitlements, shall be implemented. PARKS AND RECREATION (1 ) 12.1 The applicant shall at its sole cost and expense comply with the Quimby Act, California Government Code Section 66477, and shall as a condition precedent to issuance of building permits for the vertical improvements or any portion thereof, pay for and provide a performance bond complying with City Code Section 9931 (d), in favor of the City, with the Surety and informed and substance acceptable to the City in its sole discretion covering the developer's Quimby fee obligations in the amount of cash , , Exhibit A Resolution No. 3946 TIM 16582 Page 22 payment for the net required parkland requirements in the tract equal to a net acreage of 2.20 acres minus the approved improvement cost for the development of 2.35 acres of on-site parkland approved for full or partial parkland credit in an amount based on actual improvement plans and costs approved in writing by the Director of Parks and Recreation but not to exceed $675,000 per acre on sites where full credit is approved and $337,500 where only 50 percent credit is being approved, multiplied by an appraised value of land for the tract as approved by the City pursuant to City Code Section 2.7 and 3.11.18 of the MCAS Tustin Specific Plan and a performance bond equal to 5.33 acres times an appraised value of land in the tract as approved by the City pursuant to City Code Section 9931 (d), which performance bond shall be decreased upon compliance by the applicant with the provisions of clauses (A) and (B) below. A) As part of the initial phase of the project and concurrently with construction of the required horizontal improvements and as part of the common area improvements, the applicant shall construct within the common area certain contiguous, landscaped, open space facilities of not less than one acre in area in the location as depicted on the preliminary plan and the approved project plans and including improvements as required by the Tustin Code to quality for Quimby Fee waiver (park facilities) that shall be open and accessible to the public. Upon completion of the park facilities and as a condition precedent to issuance of any partial or final certificate of compliance the developer shall execute and record a perpetual easement or other dedication agreement in favor of the City and its successors and assigns, inform and subject acceptable to the City in its sole discretion upon final map and the acceptance of conditions, covenants, and restrictions (CC&Rs) for the benefit of the public providing in perpetuity and at no cost to the City: (i) the right of the public to access and use the Park Facilities; (ii) public access to and from said Park Facilities along and across public and private streets within the site; and (iii) maintenance of the Park Facilities by the Developer and its successor and assigns, in each case subject only to reasonable and non-discriminatory rules and regulations. Upon (x) completion of such Regulations applicable thereto, and (y) recordation of an easement or dedication agreement approved by the City, the City shall provide a credit to the developer against its obligation to pay Quimby Act Fees in the amount of 2.35 acres times an appraised value of the land for the tract. B) Waiver for Affordable Housing. The developer shall receive a credit against Quimby Act fees otherwise due and payable by it as permitted by the City Code Section 9931 in connection with construction of not to exceed 42 Affordable Housing Units in this tract in an amount not to exceed 0.41 acres times an appraised value of land; provided, however, that the benefit of such waiver Exhibit A Resolution No. 3946 TIM 16582 Page 23 (1 ) FEES (1 ) (1 ) (1 ) shall apply with respect to each Affordable Housing Unit only upon Completion of all Affordable Housing Units in the Phase in which such Unit is located. 12.2 Prior to issuance of a grading permit, the applicant shall submit preliminary design and bond for the ultimate design and construction of pedestrian connections from Tract Map 16582 to the future proposed Peters Canyon Channel bike and hiking trails, and the Peters Canyon Channel bike and hiking trails which will be finalized with determination of the final finished grade as part of the Peters Canyon Channel improvements. The internal access points should be clearly identified on the plans and applicable easement shall be shown on the Final Tract Map. 13.1 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. . 13.2 Prior to issuance of the first building permit, the subdivider shall submit in- lieu parkland dedication fees in an amount and form as required by the Director of the Parks and Recreation Department. 13.3 The applicant shall submit all fees required by the City and other agencies as identified in Resolution No. 3947.