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HomeMy WebLinkAboutPC RES 3952 RESOLUTION NO. 3952 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 16581 TO SUBDIVIDE 105.5 ACRES BOUNDED BY EDINGER AVENUE ON THE NORTH, VALENCIA NORTH LOOP ROAD ON THE SOUTH, AN INDUSTRIAL BUSINESS PARK AND SEVERYNS ROAD ON THE WEST, AND WEST CONNECTOR ROAD ON THE EAST FOR THE PURPOSE OF DEVELOPING 1,077 RESIDENTIAL UNITS WITHIN PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS-TUSTIN SPECIFIC PLAN (REUSE PLAN DISPOSAL PARCEL 23 AND PARCEL 24) 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. 16581 was submitted by Marble Mountain Partners LLC requesting subdivision of a 105.5 acre site, into 386 numbered lots and 186 lettered lots for the purpose of development of 1,077 residential units; including 84 Single Family Detached (SFD), 181 Carriage Way SFD, 72 Multiple Family Attached (Senior Housing - for ownership tenure) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 570 Multiple Family Attached (MFR), 170 Multiple Family Attached (Senior Housing -- for ownership tenure) for a total of 740 units at an Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS- Tustin Specific Plan, generally bounded by Edinger Avenue on the north, West Connector Road to the east, an industrial office park to the west, and Valencia/North Loop Road 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, and the density bonus and transfer of affordable units was considered concurrently with the development applications; 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 04-003, State Subdivision Map Act and the City's Subdivision Code; D. That the proposed subdivision is in conformance with the MCAS Tustin Specific Plan as amended by Resolution No. 3950 for approval of Specific Plan Amendment/Zone Change 04-003; E. That the site is located in Planning Area 4 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential (1-7 Resolution No. 3952 TIM 16581 Page 2 units/acre) and Planning Area 5 of MCAS Tustin Specific Plan which is designated for Medium Density Residential (8-15 units/acre) and that the development as conditioned will be physically 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 Tustin Unified School District in that school impacts for development were considered in the MCAS Reuse Plan which identified school facility sites that will be conveyed to the Tustin Unified School District by the Federal Department of Education or the City of Tustin to serve development of property at the former MCAS Tustin. 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 Tustin 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. J. That development of the site will require the developer to dedicate in fee title property to the City of Tustin including portions of Severyns Road to the City of Tustin for public roadways and utility purposes as shown on the Tentative Tract Map 16581. 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 Resolution No. 3952 TTM 16581 Page 3 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 22 affordable units (8 Very Low and 14 Moderate income) from Planning Area 4 and Planning Area 21 to Planning Area 5 and 25 (8 Very Low and 15 Low income) from Planning Area 21 to Planning Area 5. 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 units (including senior housing - for ownership tenure) project in Planning Area 5, which will offer equivalent housing opportunities. The applicant will be required to enter into a Housing Incentive Agreement to ensure the provision of affordable housing. M. That the MCAS Tustin Specific Plan process included public conveyance 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 4.9 acres of private parkland in the proposed subdivision and has requested a waiver of parkland dedication fees pursuant to Section 9931d{1 )(c) of the Tustin City Code for the 241 affordable housing units to be provided in the subdivision and a credit for 3.66 acres private parkland that will be provided and accessible to the public on the 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 4 and 5 and provide a credit for a portion of the park areas that will be accessible to the public. N. With development of this site, the applicant has requested a density bonus, density averaging, and an affordable housing plan for transfer of lower income and moderate income units from Planning Resolution No. 3952 TIM 16581 Page 4 O. II. Area 4 and Planning Area 21 to Planning Area 5, which will be binding with execution of a Housing Incentive Agreement. Since 63 percent of the affordable units required for the project site are located in the senior housing project (for ownership tenure), no portions of the project shall be subdivided until design, phasing, and tenure of the senior housing project is completed to satisfaction of Community Development Department. 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. Section 9121 of the Tustin City Code requires the granting of a density bonus of twenty-five (25) percent of the total units and at least once concession or incentive when an applicant agrees to provide at least twenty (20) percent of the total units (excluding the density bonus) of the housing development as target units affordable to lower income households (Le., Target Units). The applicant is providing 186 target units and requested a density bonus for construction of 182 units in Planning Area 4 and 5. No financial incentive has been requested. P. 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 when acceptable turning radii for a forty (40) foot long by eight (8) feet wide moving truck is demonstrated on the Circulation Plan. Q. 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 4 and medium density development within Planning Area 5. 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. 3949 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. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 16581 for the subdivision of 105.5 (gross) acre site into 386 numbered lots and 186 lettered lots for the purpose of developing 1,077 residential units; including 337 units within Planning Area 4 and 740 units in Planning Area 5 (Parcel 23 and Parcel 24), subject to the conditions contained in Exhibit A attached hereto. Resolution No. 3952 TTM 16581 Page 5 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 14th day of February, 2005 &¡þúff X~¿ ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3952 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of February, 2005. M~a--~ ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 EXHIBIT A - TENTATIVE TRACT MAP 16581 RESOLUTION NO. 3952 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. A revised tentative tract map that includes all corrections contained herein shall be submitted prior to the issuance of any permits or submittal of the first final tract map, whichever occurs first. If multiple final maps are proposed, each map shall comply with all requirements herein and the requirements for phasing set forth in Condition 2.1. Resolution No. 3952 shall become null and void in the event that Resolution Nos. 3950, 3951, 3953 approving Concept Plan 03- 003, Specific Plan Amendment/Zone Change 04-003, Design Review 04-006, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 4 and 21 to Planning Area 5 is not approved by the City Council. Approval of Resolution No. 3952 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 (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 3952 TIM 16581 Page 2 (1 ) 1.4 (1 ) 1.5 (5) 1.6 (1 ) 1.7 (1 ) 1.8 (1 ) 1.9 (1 ) The final tract map(s) shall be developed in accordance with Resolution Nos. 3949, 3950, 3951, and 3953 approving Concept Plan 03-003, Specific Plan Amendment/Zone Change 04-003, Design Review 04-006, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of forty- seven (47) required affordable housing units from Planning Area 21 and Planning Area 4 to Planning Area 5. 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, the City's Subdivision Ordinance, the MCAS Tustin Specific Plan, applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City of Tustin, unless otherwise modified by this Resolution or Resolution Nos. 3949, 3950, 3951, and 3953. Prior to recordation of the first final map, the subdivider shall be required to execute bonds or pay fees for grading permits, Quimby Act obligations, and Tustin Legacy Backbone Infrastructure Program improvements as determined by the 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. The 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, or 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. 1.10 Prior to final map approval, the subdivider shall submit: A. B. A current title report; and, A duplicate mylar of the Final Map, or 8112 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. Exhibit A Resolution No. 3952 TIM 16581 Page 3 (1 ) (1 ) (1 ) (1 ) 1.11 Upon recordation of any final map or submittal of an application for building permits, the applicant shall obtain new addresses from the Engineering Division. 1.12 As a condition of approval of Tentative Tract Map 16581, 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. 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. 1.13 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, 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 16581. The applicant shall ensure that it has adequate assets in existence to fund this obligation until completion of 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. 1.14 The applicant is required to prepare and record a final subdivision map. (1 ) 1 .15 Unless otherwise agreed by the City in its sole discretion, the Developer Parcel, the 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, ~~ Exhibit A Resolution No. 3952 TIM 16581 Page 4 including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the Project and their guests. PROJECT PHASING (*) 2.1 (*) 2.2 Construction phasing of products types and units (including affordable units) on individual multiple family product planning areas within the tract (Le., PA 5-1, PA 5-2, PA 5-4, PA 5-5, PA 5-6, and PA 5-7) shall occur concurrently as shown on Sheet CP-8 (Phasing Plan) and as noted for in the conditions of approval contained herein with the exception of the senior housing project that requires submittal of a separate design review application and any associated required applications and a separate affordability production monitoring as identified in condition 2.2. The senior housing shown on the tentative tract map is provided for general location and number of units purposes and does not represent final City approval except that 153 affordable units shall be provided at this site including 36 Very Low, 61 Low, and 56 Moderate Income units. A design review application for the senior housing including a site plan delineating adequate access non- intrusive to low density residential units, adequate parking, landscaping, fire access, architectural floor plans, elevations, materials and colors for the housing units and the recreational building, and a phasing plan for the construction of the affordable units along with the market rate units in the senior housing shall be submitted and approved prior to issuance of building permits for the first production unit of the entire Columbus Square project. A production unit is defined as a unit included in phase I and subsequent phases of the Phasing Plan (not including initial phase or model homes). Any deviation from the MCAS Tustin Specific Plan parking standards for the senior housing would require approval of a conditional use permit which would include submittal of a parking analysis that would justify reduction in number of required parking spaces, subject to review and approval of the City's traffic engineer. If the developer is not able to justify the reduction in parking and/or the conditional use permit is not approved, the developer agrees to a proportionate reduction in the number of units. Except in no case, shall the number of affordable units approved herein for the senior housing project be reduced. Prior to issuance of the 420th building permit for the production units of the entire Columbus Square project, building permits for the senior housing shall have been issued and the first footing inspection for the senior housing shall have been completed. In addition, construction of the recreation building and park facilities Exhibit A Resolution No. 3952 TTM 16581 Page 5 (*) 2.3 (*) 2.4 (1 ) 2.5 shall be completed prior to the issuance of the 420th building permit (50% of non-restricted). The developer shall develop, market and sell Very Low, Low, and Moderate income ("affordable units") in the individual multiple family product planning areas (i.e., PA 5-1, PA 5-2, PA 5-4, PA 5- 5, PA 5-6, and PA-5-7) as shown on Sheet CP-8 and shall construct and market and sell, such units in equal proportion to the market rate units as shown on the Phasing Plan for each individual multiple family planning area and as per the conditions of approval contained herein including Condition 2.1. If there is any deviation from provisions contained herein for the individual multiple family product planning areas and as required in Condition 2.1 as determined by the Community Development Department upon written notice to the applicant or applicable vertical home builder responsible for development of the planning area, no additional building permits shall be issued by the Community Development Department for additional units on subsequent phases in a planning area (PA) until compliance with said provisions has been demonstrated to the satisfaction of the Director of Community Development. In reviewing compliance, the Director shall utilize objective information such as the number of market rate and affordable units constructed to date in the planning area based on the approved Phasing Plan and Building Division records and data on the number of market rate and affordable units sold in an individual phase which shall be provided by the developer upon written request of the Director. The requirements of this Condition shall be disclosed by the applicant to all vertical home builders and with each final conveyance map. Prior to recordation of the first final map including a conveyance map, or 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). The development shall include 266 affordable units in Planning Areas 4 5 including twenty-five (25) affordable units transferred from Planning Area 21 to Planning Area 5. Design and construction of all on-site and off-site developer required 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 Exhibit A Resolution No. 3952 TTM 16581 Page 6 (*) 2.6 building permits for any Phase 1 unit as identified on Sheet CP-8 (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 submit to the City an Affordable Housing Purchaser Selection and Criteria Plan for Redevelopment Agency ("agency") review and approval 30 days prior to approval of a final map or issuance of a building permit, whichever occurs first. The agency 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 agency'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 also submit to agency 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 escrow instructions and related items by developer to agency. The agency 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. GENERAL CONDITIONS FOR ALL 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, shall be required for all design and construction within the public right-of-way including but not limited to the following: Exhibit A Resolution No. 3952 TIM 16581 Page 7 G. H. A. Full width improvements on Severyns Road, project entries at Valencia North Loop Road/Lot P and West Connector Road/Lot T; Sidewalk, including curb ramps for the physically disabled, on both sides of Severyns Road, the south side of Edinger Avenue, the north side of Valencia North Loop Road, and the west side of West Connector Road: 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; Catch basins/storm drain laterals/connections to the existing storm drain system along Valencia North Loop Road, Severyns Road, and West Connector Road with approval of City of Tustin; 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 on both sides of Severyns Road subject to Navy approval within the LlFOC areas, on the south side of Edinger Avenue and the median on Edinger Avenue adjacent to the project site, the median on Edinger Avenue from 1400 feet of Red Hill Avenue to West Connector Road, both sides of Valencia North Loop Road adjacent to the project site, and the west side of West Connector road adjacent to the project site; Underground utility connections: All utility lines shall be placed underground by the developer; Fire hydrants; B. C. D. E. F. ~ Exhibit A Resolution No. 3952 TIM 16581 Page 8 I. J. K. Demolition and removal of any abandoned utilities at the entire site including within the current proposed roadway sections. Traffic signals at Lot PNalencia North Loop and Lot T/West Connector Road; and, Storm drain facilities on Severyns Road per City's Run-off Management Plan for Tustin Legacy. 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) 3.2 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 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 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 the 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. Exhibit A Resolution No. 3952 TIM 16581 Page 9 (1 ) (1) 3.4 (1) 3.5 (5) 3.6 (1 ) 3.7 (1 ) 3.8 (1 ) 3.9 (1 ) 3.3 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, the following: IRWD, SCE, SBC, The Gas Company, Cox Communications, etc. A complete hydrology study and hydraulic calculations shall be submitted to the City for review and approval. 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 OCFCD and City of Tustin standards. The proposed private and public drainage collection systems shall be designed for a minimum 25-year storm frequency and a 100- year storm frequency for regional facilities. 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. .--...., A detailed hydrology and hydraulic analysis for 25-year and 100- year storm frequencies shall be provided for both the existing and proposed conditions to determine any requirements for on-site storm water retention/detention and facility sizing. The applicant shall also 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. 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. 3.10 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 drain laterals and junction structures shall be required to eliminate the need for cross gutters on public streets. Exhibit A Resolution No. 3952 TTM 16581 Page 10 (1 ) (1 ) (1 ) (1 ) 3.11 Prior to issuance of an encroachment permit, the applicant shall prepare a sedimentation and erosion control plan for all work related to this development. 3.12 Preparation and submittal of a final grading plan shall be provided 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 OCFCD; and, C. All flood hazards of record. 3.13 Prior to the 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 Edinger Avenue, West Connector Road, Valencia North Loop Road, and the public portion of Severyns Road. 3.14 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 (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting the "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. Exhibit A Resolution No. 3952 TIM 16581 Page 11 TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM (1 ) 4.1 (1 ) 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 applicant shall design and construct the traffic signal at West ConnectorNalencia North Loop Road, in the first phase of development of Tentative Tract Map 16581. For all design and construction within the public right-of-way, separate plans shall be provided, which include all plans and specifications and estimates necessary to conduct a public bid process. PRIVATE IN-TRACT IMPROVEMENTS (3) 5.1 Prior to the issuance of precise grading permits, 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. 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; D. Signing/striping plan; E. Street and drive aisle paving; all private streets, drive aisles, and curb return radius shall be consistent with the City's Exhibit A Resolution No. 3952 TIM 16581 Page 12 F. G. (3) 5.2 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 City of Tustin; 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 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; J. Fire hydrants; K. Demolition/removal of utilities in accordance with the demolition/severance plan as required herein; 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. Prior to the issuance of building permits, construction plans, as prepared by a California Registered Civil Engineer, shall be required for the following private improvements: Exhibit A Resolution No. 3952 TTM 16581 Page 13 (1 ) 5.3 A. Street lighting: The private street lighting system shall be reviewed and approved by the City of Tustin and Southern California Edison; 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. COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (1 ) 6.1 F. 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. 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 or on LlFOC parcels, including the property owned by the Department of Navy. The applicant shall obtain all approvals and permits from the applicable property owners and agencies for work within the City limits. c. D. The applicant shall coordinate the design and construction of the bus stop locations with the Orange County Transportation Authority. E. The applicant shall obtain written approval and/or permits from the applicable utility companies. The applicant shall obtain permission from property owners for any work located on adjacent properties. Exhibit A Resolution No. 3952 TTM 16581 Page 14 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 all waste diversion requirements. The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, 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 (1 ) 8.2 (1 ) 8.3 (1 ) The applicant and subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of parts of Severyns Road and West Connector Road, traffic signal equipment and maintenance easements of Valencia North Loop Road/Lot P and West Connector Road/Lot T, drainage and flood control right-of-way easements for acceptance and conveyance of existing flows from the adjacent business park westerly of Planning Area 4, 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. The applicant shall identify the easements for public use of privately owned parks and related public access easements on the final map. The applicant shall dedicate in fee title to the City of Tustin portions of Severyns Road for public roadways and utility purposes as shown on the Tentative Tract Map 16581. 8.4 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. Exhibit A Resolution No. 3952 TIM 16581 Page 15 (1 ) 8.5 (1 ) 8.6 CC&RS (1 ) 9.1 ----~ - The applicant shall provide an ingress/egress easement on lots "P," "T,", "R," "U," and "X," for Department of Navy to access IRP- 16. The applicant shall dedicate public access and maintenance easements to the City of Tustin fro sidewalk along Valencia North Loop Road and West Connector Road. 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. 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 phases thereof, have been completed or completion is assured by a . development agreement or financing guarantee method approved by the City. The CC&Rs shall include, but not be limited to, the following provisions: A. 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. B. The requirement that association bylaws be established. C. 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, Exhibit A Resolution No. 3952 TTM 16581 Page 16 D. E. F. 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. Exhibit A Resolution No. 3952 TIM 16581 Page 17 H. I. J G. 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 space areas within the common area shall be illustrated on a "Private Open Space Exhibit" and shall be made part of the CC&Rs and shall specify those portions of the common open space area that are allocated for private use and public use and access rights in perpetuity. The CC&Rs shall include a separate 8112 inch by 11 inch dimensioned site plan for each unit that is allocated private open space. The approved site plan showing the public 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 562 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 Exhibit A Resolution No. 3952 TIM 16581 Page 18 K. L. M. N. o. 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 lettered and numbered Lots (including but not limited to Lots 264,265,297,335 and 369 Lots A-m, P- u, X-Y, CA-CF, DA-DJ, FA-FD, AA-AR, BA-BC, EA-EG, GA- GH, HA-HO, IA-IL AAA-AAJ, BBA-BAF, BBA-BBZ, CCA- CCO, DAA, DDA-DDZ), containing 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 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. P. 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. Exhibit A Resolution No. 3952 TTM 16581 Page 19 Q. 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. R. No delivery and or moving trucks larger than 40 feet shall be permitted on the private drives of the condominium projects with less than 25 foot radius turns. HOMEBUYER NOTIFICATION (1 ) 10.1 A. B. C. 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, North Loop Road, West Connector Road, and train noise associated with the rail corridor north of the project. The notice shall indicate the current number of trains per day (59) and the estimated to increase to over 100 trains on a 24 hour basis by the year 2020. 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 Tustin 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 Exhibit A Resolution No. 3952 TIM 16581 Page 20 D. E. F. G. J. 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 lettered lots and indicating all on-site streets, alleys, paseos, and common areas are to be maintained by the homeowners association. 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. H. 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. I. 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. 3952 TIM 16581 Page 21 Q. K. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, etc. may not be allowed. L. A notice explaining and providing a copy of a "Private Open Space Exhibit" and separate 81/2 inch by 11 inch dimensioned site plan for each unit that is allocated private open space within the common area. M. A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. N. A notice explaining that 241 affordable housing units will be dispersed throughout the site. These units will remain affordable for a period of forty-five (45) years or longer. o. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. P. The developer shall notify all homebuyers that future AssessmenVMaintenance Districts may affect the property. The project is located adjacent to a future fire station site at the southwest corner of Edinger Avenue and West Connector Road that will be operating 24 hours. 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. (1 ) 11 .2 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 of 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. - Exhibit A Resolution No. 3952 TIM 16581 Page 22 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 payment for the net required parkland requirements in the tract equal to a net acreage of 1.85 acres minus the approved improvement cost for the development of on-site parkland approved for parkland credit in an amount based on actual improvement plans and cost approved in writing by the Director of Parks and Recreation Department not to exceed $675,000 per acre times 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 Exhibit A Resolution No. 3952 TIM 16581 Page 23 (1 ) FEES (1 ) 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 3.66 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 241 Affordable Housing Units in this tract in an amount not to exceed 1 .97 acres times an appraised value of land; provided, however, that the benefit of such waiver 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 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 to be constructed in the future along Edinger Avenue, Valencia Avenue, and the West Connector and Class II bicycle trails as depicted on the Preliminary Plan. The final tract 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 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. 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 the City Attorney and $50 per hour (or rate in effect at the time of submittal) for the Planning Staff is required. Exhibit A Resolution No. 3952 TIM 16581 Page 24 (1 ) 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. (1 ) 13.3 The applicant shall submit all fees required by the City and other agencies as identified in Resolution No. 3953.