HomeMy WebLinkAboutCC RES 05-40
AMENDED ON 3ntO5
RESOLUTION NO. 05-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING 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 City Council of the City of Tustin does hereby resolve as follows:
I.
A.
The City Council finds and determines as follows:
That a proper application for Tentative Tract Map No. 16581 was
submitted by Moffett Meadows 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 AmendmenUZone Change 04-003;
Resolution No. 05-40
Page 10127
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 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.
G.
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
StatemenUEnvironmental 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;
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 development. In
Resoiution No. 05-40
Page 20127
L.
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.
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 (i.e., 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.f 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 Areas 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 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
Resolution No. 05-40
Page 3 of 27
Q.
II.
design, phasing, and tenure of the senior housing project is completed to
the 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.
O.
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 one
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 (i.e., Target Units). The applicant is providing 186 target units
and requested a density bonus for construction of 182 units in Planning
Areas 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.
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.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 22nd day of February, 2005. ~.
~ ß/}4i
LOU BONE' "-
Mayor
Resolution No. 05-40
Page 4 of 27
m)(1~
PAME STOKER
City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
SS
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 05-40 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of
March, 2005, by the following vote:
COUNCILMEMBERAYES: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA
COUNCILMEMBER NOES: NONE
COUNCILMEMBER ABSTAINED: NONE
COUNCILMEMBER ABSENT: NONE
(5)
(0)
(0)
(0)
~~~
City Clerk
Resolution No. 05-40
Page 5 of 27
GENERAL
(1 )
(1 )
1.2
(1 )
1.3
EXHIBIT A - TENTATIVE TRACT MAP 16581
RESOLUTION NO. 05-40
CONDITIONS OF APPROVAL
1.1
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. 05-40 shall become null and void in the event that
Resolution Nos. 3949, 3951, 3953 approving Concept Plan 03-003 as
applicable, and which were approved by the Planning Commission,
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
Areas 4 and 21 to Planning Area 5 is not approved by the City Council.
Approval of Resolution No. 05-40 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
Resolution No. 05-40
Page 6 of 27
(1 )
1.4
(1 )
1.5
(5)
1.6
(1) 1.7
(1) 1.8
(1) 1.9
(1 )
A.
The final tract map(s) shall be developed in accordance with Resolution
Nos. 3951, and 3953 approving Concept Plan 03-003, Design Review 04-
006, and Resolutions 05-38, 05-39 approving Specific Plan
Amendment/Zone Change 04-003, and the Affordable Housing Plan and
agreement and Density Bonus Application. 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. 05-38, 05-39, 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 and shall
comply with the following:
1.9.1 Prior to recordation of a final subdivision map creating building sites ("B
Map"), a mutually acceptable "Mitigation Agreement" shall be entered into
with the Tustin Unified School District.
1.10 Prior to final map approval, the subdivider shall submit:
A current title report; and,
B.
A duplicate mylar of the Final Map, or 8y. 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.
Resolution No. 05-40
Page 7 of 27
(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 )
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 Peters 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.
1.15 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, including any clubhouse and bathrooms, may be
gated or locked and made available solely to residents of the Project and
their guests.
Resolution No. 05-40
Page 8 of 27
1.16 Approval of Tentative Tract Map 16581 shall be contingent upon
conditions of approval contained within Planning Commission Resolutions
3949, 3950, 3951, 3952, and 3953, as applicable.
(*)
PROJECT PHASING
(*)
2.1
(*)
2.2
(*)
2.3
Construction phasing of product types and units (including affordable
units) on individual multiple family product planning areas within the tract
(i.e., 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 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 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 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
complete 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 the 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 100th 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 shall be
completed prior to the issuance of the 420th building permit (50 percent of
non-restricted).
The developer shall develop, market and sell Very Low, Low, and
Moderate income ("affordable units") in the individual multiple family
Resolution No. 05-40
Page 9 of 27
(*)
2.4
(*)
2.5
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 ensure 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
and 5 including twenty-five (25) affordable units transferred from Planning
Area 21 to Planning Area 5.
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),
unless a modified phasing plan for in-tract private streets and utility
systems only is reviewed and approved by the Building Official and the
Orange County Fire Authority in compliance with all applicable codes and
standards including the California Fire Code for access and water supply
during construction and occupancy of production units. However, said
modified phasing plan for in-tract private street and utility improvements
only shall not impact any other condition contained herein or any other
City approval. Model units may be constructed prior to completion of
Resolution No. 05-40
Page 10 of 27
(*)
2.6
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 the agency's approval of the
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 the developer to the agency. The agency shall approve or
disapprove individual escrow instructions and related items for buyers of
Affordable Housing units within 10 calendar days following submission by
developer.
FOR
NON-BACKBONE
INFRASTRUCTURE
GENERAL CONDITIONS
IMPROVEMENTS
ALL
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
A.
B.
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:
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
Resolution No. 05-40
Page 11 of27
streets. All public sidewalks, paseos, and trail facilities shall comply with
the provisions of the American with Disabilities Act;
C.
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;
D.
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;
E.
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;
F.
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;
G.
Underground utility connections: All utility lines shall be placed
underground by the developer;
H.
Fire hydrants;
I.
Demolition and removal of any abandoned utilities at the entire site
including within the current proposed roadway sections.
J.
Traffic signals at Lot PNalencia North Loop and Lot T/West Connector
Road; and,
K.
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
Resolution No. 05-40
Page 12 of 27
(5)
C.
(1 )
3.3
(1) 3.4
(1) 3.5
(5) 3.6
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.
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.
3.2
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.
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.
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 inches.
All storm drains to be constructed within or adjacent to the development
shall be designed per the applicable OCFCD and City of Tustin standards.
Resolution No. 05-40
Page 13 of 27
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
3.7
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.
3.8
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.
3.9
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.
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.
B.
Final street elevations at key locations;
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,
All flood hazards of record.
C.
(1 )
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.
Resolution No. 05-40
Page 14 of 27
(1 )
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.
TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM
(1 )
(1 )
(*)
4.1
4.2
4.3
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 the 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. Where the applicant is required to design and construct
Legacy Backbone infrastructure as a condition of approval, the applicant
shall be reimbursed pursuant to the cooperative agreement.
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.
In the event that the February 7, 2005, award of contract for the
Valencia/Armstrong project is set aside by a court of competent
jurisdiction, or the City is otherwise enjoined from performing that contract,
or the construction of backbone infrastructure containing water, sewer, or
Resolution No. 05-40
Page 15 of 27
other utilities (the "Backbone Utilities") necessary to serve the project is
delayed for these or other reasons such that the Backbone Utilities are not
available at time of building permit issuance, no building permit shall be
issued (unless OCFA approves an alternative for firefighting water) until
such Backbone Utilities are available to the project. In the event said
Backbone Utilities are not constructed because the award of contract for
the Valencia/Armstrong project is set aside by a court of competent
jurisdiction, or the City is otherwise enjoined from performing the contract,
the developer may construct the Backbone Utilities, subject to review and
approval of the Director of Public Works and Community Development
Director. In any event, no certificate of use or occupancy shall be issued
unless such Backbone utilities are available to the project.
PRIVATE IN-TRACT IMPROVEMENTS
(3)
G.
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. 3953 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 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;
F.
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
Resolution No. 05-40
Page 16 of 27
H.
I.
J.
K.
L.
(3) 5.2
A.
B.
C.
(1) 5.3
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);
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;
Underground utility connections: All utility lines shall be placed
underground by the developer;
Fire hydrants;
Demolition/removal of utilities in accordance with the demolition/severance
plan as required herein;
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:
Street lighting: The private street lighting system shall be reviewed and
approved by the City of Tustin and Southern!!California Edison;
Landscape/irrigation;
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.
Resolution No. 05-40
Page 17 of 27
COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES
(1) 6.1
A.
B.
C.
D.
E.
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:
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.
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.
The applicant shall coordinate the design and construction of the bus stop
locations with the Orange County Transportation Authority.
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.
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
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
Resolution No. 05-40
Page 18 of 27
(1) 8.2
(1) 8.3
(1) 8.4
(1) 8.5
(1) 8.6
CC&RS
(1) 9.1
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.
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 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
Resolution No. 05-40
Page 190f27
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, private roadways (i.e., walks, sidewalks, trails), parkland facilities
and bikeways, and open space areas.
D.
Membership in the homeowners association shall be inseparable from
ownership in individual units.
E.
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.
F.
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.
Resolution No. 05-40
Page 20 of 27
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.
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.
H.
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 8y. inch by 11 inch dimensioned site
plan for each unit that is allocated private open space.
I.
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.
J
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 the required number of garage
spaces based on Table 3-4 of MCAS Tustin Specific Plan.
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
Resolution No. 05-40
Page 21 of 27
Q.
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.
K.
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.
L.
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.
M.
Television and radio antennas shall be installed in accordance with the
requirements of the Tustin City Code.
N.
All utility services serving the site shall be installed and maintained
underground.
O.
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.
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
Resolution No. 05-40
Page 22 of 27
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 )
A.
10.1
Prior to recordation of the final map, the subdivider shall submit to the
Community Development Department for review and approval a
homebuyer notification document that includes the notifications listed
below. The notification document shall be signed by each homebuyer
prior to final inspection and occupancy, and a copy of the signed
notification shall be provided to the Community Development Department
prior to final inspection and/or issuance of each Certificate of Occupancy.
A notice for roadway, trail, and train noise that may impact the subdivision,
including roadway noise associated with, Edinger Avenue, 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.
B.
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.
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 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.
Resolution No. 05-40
Page 23 of 27
o.
P.
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.
G.
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.
J.
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.
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 8y. 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.
A notice explaining the phasing of construction within the subdivision and
that activity may be disruptive.
The
developer
shall
notify
all
homebuyers
that
future
Resolution No. 05-40
Page 24 of 27
Assessment/Maintenance Districts may affect the property.
Q.
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 )
(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.
11.2 As part of the final design process and to comply with the Final EIRIEIS
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.
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. Developer's Quimby Act fee obligations shall be in
the amount of a cash payment for the net required parkland requirements
in the tract equal to a net acreage of 3.20 acres, or as adjusted by
approved final map, 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 minus the improvement cost for the
development of on-site private parkland approved for parkland credit in an
amount based on improvement plans and cost approved in writing by the
Director of Parks and Recreation Department not to exceed $675,000 per
acre. In order to secure developer's obligations pursuant to the Quimby
Act, developer shall be required to post a performance bond complying
with City Code Section 9931(d) in favor of the City, with the Surety in a
form and substance acceptable to the City Attorney equal to total of 8.83
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.
Resolution No. 05-40
Page 25 of 27
A)
(1 )
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 3.66 acres times an appraised value of the land for the tract.
B)
Waiver for Affordable Housing. The developer $hall 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
Resolution No. 05-40
Page 26 of 27
FEES
(1 )
(1 )
(1 )
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.
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 Planning Commission Resolution No. 3953.
Resolution No. 05-40
Page 27 of 27