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HomeMy WebLinkAboutPC RES 4395 RESOLUTION NO. 4396 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE DEVELOPMENT AGREEMENT 2019-00001, TENTATIVE TRACT MAP 19103, AND DESIGN REVIEW 2019-00009 FOR THE DEVELOPMENT OF 400 RESIDENTIAL CONDOMINIUM UNITS ON LOTS 2 and 5-10 OF TRACT 18197 WITHIN PLANNING AREA 8, 13 and 14 OF NEIGHBORHOOD D OF THE TUSTIN LEGACY SPECIFIC PLAN. The Planning Commission of the City of Tustin does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application has been submitted by Brookfield Homes Southern California LLC for the development of 400 for-sale residential condominium units, a community facility and other neighborhood amenities on Lots 2 and 5-10 of Tract 18197, currently owned by the City of Tustin within Planning Areas 8, 13 and 14 of the Tustin Legacy Specific Plan. B. That the development application includes the following requests: 1. Development Agreement (DA) 2019-00001 to facilitate the development and conveyance of an approximate 25.4-acre site within the boundaries of MCAS Tustin Specific Plan. 2. Tentative Tract Map (TTM) 19103 to subdivide an approximately 25.4- acre site into seventy-three (73) numbered lots and ten (10) lettered lots for the development of 400 residential condominium units, a community recreation facility, park and open space areas, and other neighborhood amenities. 3. Design Review (DR) 2019-00009 for the design and site layout of a residential condominium community including 117 single family detached units, 129 townhomes, 154 flats and townhomes, a community facility, and other neighborhood amenities. C. That the site is zoned as Tustin Legacy Specific Plan (SP 1) within Planning Areas 8, 13 and 14 of Neighborhood D; and designated as Tustin Legacy Specific Plan by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. Resolution No.4395 Page 2 D. That Tustin Legacy Specific Plan Section 4.2.7 requires all private development at Tustin Legacy to obtain a DA in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the TCC. In compliance with Tustin City Code (TCC) Section 9611, the Tustin Planning Commission must make a recommendation on the proposed DA to the City Council. The DA can be supported by the following findings: 1. The project is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Tustin Legacy Specific Plan in that residential uses are permitted uses within Planning Areas 8, 13 and 14 of Neighborhood D. 2. The project is compatible with the uses authorized in the district in which the real property is located (Planning Areas 8, 13 and 14) in that similar and compatible uses are envisioned within the close proximity of the project site 3. The project is in conformity with the public necessity, public convenience, general welfare, and good land use practices in that the project would provide 400 various styles of new housing units for new and existing Tustin residents thereby providing additional options of housing types to the City's housing stock. 4. The project will not be detrimental to the health, safety, and general welfare. The project will comply with the Tustin Legacy Specific Plan, TCC, and other regulations to ensure that the project will not be detrimental in any way. 5. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed, and equipped with necessary infrastructure and amenities to support existing and future residents and businesses in Tustin Legacy. 6. The project will have a positive fiscal impact on the City in that the provisions of the proposed DA and conditions of approval will ensure that the project will have a positive fiscal impact on the City. E. As conditioned, the TTM 19103 will be in conformance with the Tustin Area General Plan, Tustin Legacy Specific Plan, State Subdivision Map Act and the City's Subdivision Code as follows: 1. That the site is located in Planning Area 8, 13 and 14 (Lots 2 and 5- 10 of Tract 18197) of the Tustin Legacy Specific Plan, which is designated for Mixed-Use Urban within the Tustin Legacy Specific Plan and that the proposed development as conditioned will be Resolution No. 4395 Page 3 physically suitable for the type of development and proposed density of development; 2. The subdivider 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 Tustin Legacy, including but not limited to roadway improvements; traffic and circulation mitigation to support development at Tustin Legacy; 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; 3. That the proposed subdivision would not have a new impact on school district facilities within the Tustin Unified School District (TUSD) or Santa Ana Unified School District (SAUSD) in that school impacts for development were considered in the MCAS Reuse Plan which identified school facility sites that will be conveyed to the TUSD by the Federal Department of Education or the City of Tustin to serve development of property at Tustin Legacy. The Tustin Legacy Specific Plan, the Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEISIEIR), its supplements and addenda, and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the TUSD and SAUSD prior to issuance of building permits in accordance with the City's procedures; 4. 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; 5. The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area (2009); 6. Adequate infrastructure to support buildout of the project, construction of all public infrastructure and in-tract private drives and utility systems is required within the initial phases of development and in accordance with the approved phasing plan; 7. That section 2.3.4 of TLSP authorizes the City Engineer to approve variations to the standard cross sections for certain roadways, proposed within the subdivision; Resolution No. 4395 Page 4 F. Pursuant to the Tustin Legacy Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Roof structures. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. G. That the developer opted to install private drives in lieu of private streets for internal circulation. This option has been reviewed and approved by the Community Development Department, subject to provision of additional safety measures such as stop signs with stop bars, mirrors, or similar devices, subject to final review and approval by the Community Development Department and the Building Official. H. That the Community Development Director has considered and approved deviations in the maximum building setback to allow for additional outdoor open space uses and greater variation in the staggering of building faces along the street. That the proposed deviations are consistent with the intent of the established standards and the Tustin Legacy Specific Plan. 1. That the Community Development Director has considered and approved off-street parking requirements for flats located within the metro building where two-car tandem and one-car garages are proposed to allow for increased flexibility in building design. Alternate required spaces have been provided and are required to be maintained on-site. Resolution No. 4395 Page 5 J. That a public hearing was duly called, noticed, and held on said application on November 12, 2019, by the Planning Commission. K. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/ElR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second Supplement to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplements is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplements considered the potential environmental impacts associated with development on the former MCAS, Tustin. An Environmental Checklist attached hereto as Exhibit A has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has Surfaced since certification of the FEIS/EIR, 11. The Planning Commission hereby adopts Resolution No. recommends that the City Council approve DA 2019-00001 , TTM 19103, and DR 2019-00009 (Lots 2 and 5-10 of Tract 18197), subject to the conditions attached hereto as Exhibit B. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 12th day of November, 2019. Amy Mason Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4395 Page 6 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4395 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of November, 2019. ELIZABETH A. BINSACK Planning Commission Secretary PLANNING COMMISSIONER AYES: Chu, GaIlagher, Jha, Kozak,,- Ma on, (3) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT.- ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT B RESOLUTION NO. 4396 CONDITIONS OF APPROVAL DEVELOPMENT AGREEMENT 2019-00001, TENTATIVE TRACT MAP 19103 AND DESIGN REVIEW 2019-00009 GENERAL (1) 1.1 The proposed project shall be in compliance with the Tustin Legacy Specific Plan, Tustin City Code, and City of Tustin Guidelines and Standards and conform with submitted plans for the project date stamped December 17, 2019 on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code, and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months. All time extensions may be considered by the Community Development Director if a written request is received within thirty (30) days prior to expiration date. (1) 1.4 Approval of project 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. (1) 1.5 The applicant shall comply with executed Development Agreement (DA) 2019-00001 and associated Disposition and Development Agreement (DDA). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit B Resolution No. 4395 Page 2 *** 1.6 This approval shall become null and void if the DDA for the project is not approved and executed. *** 1.7 Project entitlement shall not be effective until the associated DDA is approved and executed. FINAL TRACT MAP (1) 2.1 Preparation and recordation of a final subdivision map shall be required. (1), 2.2 Final Maps shall be based on a field survey in conformity with the (5) Professional Land Surveyor's Act. The survey of the land to be subdivided shall be made by a registered civil engineer authorized to practice land surveying or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1110,000 for field closures and 1120,000 for calculated closures. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one (1) exterior boundary line shall be monumented prior to recording the final map. (5) 2.3 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1), 2.4 Prior to recordation of the final map, the applicant is required to execute (5) a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. (1) 2.5 Prior to issuance of building permits, the applicant shall submit an 8 '/z' x 11" street address map exhibit and an 8 Y2 " x 11" meter address map exhibit to the Public Works Department for review and approval. The address map exhibit shall be in Portable Document Format (PDF) and shall include the site plan, footprint of building(s) and streets. (1) 2.6 Within twenty-four (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 Legacy Specific Plan, Tustin Municipal Code, the State Subdivision Map Act, Exhibit B Resolution No. 4395 Page 3 and applicable conditions contained herein unless .an extension is granted pursuant to the State Subdivision Map Act and the Tustin Municipal Code. The Final Map shall be submitted at least ninety (90) days prior to the expiration of the Tentative Map for review, processing, and recording prior to the expiration of the Tentative Map. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. (1) 2.7 At the time of final map submittal, the applicant shall also submit two (2) copies of an up-to-date title report generated within thirty (30) days of submittal. (1), 2.8 The applicant shall not oppose any future creation of a landscape and (5) 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), 2.9 Applicant shall prepare irrevocable reciprocal access easements for (5) emergency vehicle access and public services ingress and egress purposes over the private drives and driveways, at no cost to the City, and shall be recorded concurrently with the final map. (1), 2.10 Applicant shall release and relinquish to the City of Tustin all vehicular (5) access rights along Airship Avenue, Flight Way, Street "B", "C", "D", "E", and "H", except at approved access locations and street intersections, at no cost to the City, on the Map. (1), 2.11 Applicant shall dedicate a perpetual easement at no cost to the City for (5) the benefit of the City and the public providing public access in, on, over, and across the Publicly Assessible Common Area as described in the Development Agreement. BUILDING PLAN SUBMITTAL (1), 3.1 At the time,of building permit application, the.plans shall comply with the (3) latest edition of the California Residential Code, California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code, California Energy Code, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1), 3.2 All private on-site design and construction of improvement work shall be (5) 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," except as otherwise approved by the Building Official. Said plans shall include, Exhibit B Resolution No. 4395 Page 4 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 lighting; f. 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; g. Catch basin/storm drain laterals/connections to the public storm drain system with approval of the City of Tustin; h. 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); i. 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; j. Underground utility connections: All utility lines shall be placed underground by the developer; k. Fire hydrants; Exhibit B Resolution No. 4395 Page 5 I. 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. m. The applicant shall be responsible for connection of the project to new backbone utility systems. The applicant shall provide applicable easements for any new utilities on private property. (5) 3.3 Storage area shall be provided within each unit (enclosed) in the amount of 50 SF minimum for storage facilities. Total square footage shall be identified on plans for each unit at plan check submittal. * ' 3.4 Maximum building setbacks- may be increased if approved by the Community Development Director and shown on the approved project plans. 3.5 Internal circulation shall be evaluated throughout the project site for sight visibility, subject to review and approval of the Building Official. Addition of stop signs with stop bars, mirrors, or similar devices may be required to meet sight visibility requirements. ** 3.6 Developer shall provide an Employee Parking Plan in conjunction with construction phasing plan(s) to the Community Development Department for review and approval. (1), 3.7 The applicant shall provide accessible routes, per CBC 2016 chapter (3) 1113- 206, at site arrival points and within the site, as amended to reflect latest edition of CBC adopted by the City of Tustin. (3) 3.8 Maximum area of exterior wall openings shall be based on CBC table 705.8 based on fire separation distance. (3) 3.9 New construction shall comply with California Green Building, sections 4.206.4.1 and 4.106.4.2 to facilitate future installation and use of EV chargers. Electrical Vehicle Supply Equipment (EVSE) shall be installed in accordance with California Electrical Code, Article 625. For each dwelling unit install a listed raceway to accommodate a 2081240 V branch circuit. In addition, 3 percent of the total guest parking spaces but not less than one shall be EV spaces capable of supporting future EVSE. (3) 3.10 The buildings shall comply with California Energy Code, section 110.10, Mandatory Requirements for Solar Ready Buildings. Exhibit B Resolution No. 4395 Page 6 (5) 3.11 Adequate infrastructure to support buildout of the project, construction of all public infrastructure, in-tract private drives, and utility systems shall be constructed within the initial phases of development and in accordance with the approved phasing plan. (1), 3.12 Prior to the issuance of building permits, the applicant shall submit for (5) review and approval a photometric lighting plan showing compliance with the Tustin Security Code, which is: .a. A maintained minimum one (1) foot-candle of light on the private drives and parking surfaces. b. A maintained minimum of one-quarter (0.25) foot-candle of light on the walking surfaces. 3.13 The lighting plan shall be overlaid onto a tree plan to ensure coverage. (1), 3.14 At plancheck submittal, the applicant shall show that the project is in (5) compliance with TCC Section 8104(r) regarding "Emergency responder radio coverage," as amended in Ordinance No. 1475. Prior to issuance of the Certificate of Occupancy, the applicant/developer shall provide evidence that the project is in compliance with TCC Section 8104(r), as amended. (1), 3.15 At plan check submittal, a complete hydrology study and hydraulic (5) calculations shall be submitted to the City for review and approval. (1), 3.16 The applicant shall provide a Geotechnical Report, Pavement Analysis, (5) and Design Report for all required Tustin Legacy Backbone Infrastructure, Local Infrastructure and Private Infrastructure improvements required in the Tentative Tract Map. DESIGN AND ARCHITECTURE (4) 4.1 At building plan check, building elevations visible from public streets shall have enhanced elevations consistent with the approved DR 2019- 00009 in terms of color and material, architectural articulation and architectural projections, etc. to the satisfaction of the Community Development Department. (1) 4.2 All exterior colors, textures and materials shall be consistent with the approved Design Review. Specifications on colors, materials, and textures shall be noted in construction plans and subject to review and approval by the Community Development Department. Exhibit B Resolution No. 4395 Page 7 *** 4.3 Final material samples and colors shall be provided at plan check submittal. (1), 4.4 All mechanical and electrical fixtures and equipment, including roof-top (4) equipment, shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. (1) 4.5 Walls shall be a maximum of three (3) feet within front yard setback and a maximum of three (3) feet six (6) inches within front yard area measured from property line to building face along all public streets and along the Promenade (Alley Grove). (4) 4.6 Roof drains and downspouts shall be directed towards internal drive aisles and be minimally visible from the public streets. *** 4.7 The applicant shall submit a master sign plan for City review and approval. The master sign plan shall incorporate a design theme compatible with the building architecture and Tustin Legacy branding, and include directional and wayfinding signs. (1), 4.8 Signage monumentation, if any, identifying the residential community (5) tract shall include the words "At Tustin Legacy" for continuity of the Tustin Legacy branding, as applicable. (1) 4.9 Signage shall be installed under separate permit and approval. LAN DSCAPEIHARDSCAPE (6) 5.1 At plan check, the applicant shall provide complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City. of Tustin Landscaping requirements. The plans shall include the following: a. Include a summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. b. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. Exhibit B Resolution No. 4395 Page 8 c. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. d. Shrubs should be a minimum of five (5) gallon size and be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. e. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. f. Equipment areas shall be screened with walls, vines, and/or trees, subject to review and approval of the Community Development Department. g. Landscape adjacent to the single family detached units, shall be designed to have layers in vegetation height to effectively screen the 5 foot 6 inch high privacy walls. h. On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. (1) 5.2 The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. (5) 5.3 The landscape plans shall note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. (4) 5.4 Landscape layering of varying heights shall be provided in front of the proposed 5 foot 6 inch high stucco walls for the Single-Family Detached homes, subject to the review and approval of the Community Development Department. (1), 5.5 Turf is unacceptable for grades over 25 percent. A combination of (6) planting materials shall be used. On large areas, ground cover alone is not acceptable. (1), 5.6 All plant materials shall be installed in a healthy vigorous condition (6) typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of Exhibit B Resolution No. 4395 Page 9 diseased or dead plants. (1) 5.7 Landscape adjacent to the right-of-way shall be in compliance with the requirements of Tustin Legacy Specific Plan. (6) 5.8 Trees in the landscape setbacks adjacent to public rights-of-way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. (1), 5.9 The project shall comply with the City's Water Efficient Landscape (5) Ordinance and any Executive Orders issued from the Governor of the State of California pertaining to water conservation and irrigation methods. (1), 5.10 Backflow devices and double detector checks shall be painted to match (4) surrounding landscaping when in planters or painted to match the building when located adjacent to. Landscaping shall be utilized to screen the devices where possible. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 6.1 Prior to OCFA clearance of a final map, the applicant shall: a. Submit a Fire Master Plan for OCFA review and approval. (Service Code PR145) b. Submit a Final Tract Map for OCFA review and approval. (Service Code PR115) c. Submit temporary fire access plans for OCFA review and approval if phasing fire access during construction. (Service Code PR150) (5) 6.2 Prior to issuance of a building permit, the applicant shall: a. Submit plans for gates if not included in the fire master plan. (Service Code PR180) b. Submit plans for fire service underground if NFPA 24 system is installed. (Service Code PR470) c. Submit architectural plans for OCFA review and approval. (Service Code PR264-268) (5) 6.3 Prior to concealing interior construction, the applicant shall obtain OCFA approval for the fire sprinkler system. (Service Code PR400-PR406) Exhibit B Resolution No. 4395 Page 10 (5) 6.4 Prior to concealing interior construction, the applicant shall obtain OCFA approval for the fire alarm and sprinkler monitoring. (Service Code PR500-PR520) (5) 6.5 Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150. (6) 6.6 After installation of required fire access roadways and hydrants, the applicant shall request and receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at (714) 573-6150 with the Service Request number of the approved fire master plan at least five (5) days in advance to schedule the lumber drop inspection. USE RESTRICTIONS *** 7.1 The project shall include 400 units including: 117 single family detached, 129 tri-plex townhomes, 154 flats and townhome units, a private community recreation facility, and open space areas that are privately owned but accessible to the public as depicted in the approved site plan. *** 7.2 Power receptacles shall be provided at the community facility including the swimming pool and barbeque areas. (4), 7.3 All parking spaces within the project site shall be maintained as shown *** on the approved "Site Plan". Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development. A Parking Enforcement Policy shall be established and enforced by the Home Owners Association. *** 7.4 There shall be a minimum seventy (70) unassigned surface parking spaces within the development to satisfy parking requirements for the seventy (70) metro flats units designed with tandem garage spaces. These unassigned surface parking spaces shall be permanently maintained at the development site. ** 7.5 There shall be a minimum fourteen (14) assigned surface parking spaces within the development to satisfy parking requirements for the fourteen (14) metro flats units designed with an extended one-car garage space. These assigned surface parking spaces shall be permanently maintained at the development site. Assignment shall be addressed in Parking Management Plan, subject to review and approval by the Community Development Department. Exhibit B Resolution No. 4395 Page 11 ** 7.6 Individual trash bin service may be provided on the site. Trash bins shall be placed only in the locations identified on the approved "Trash Pick-up Plan" after 7:00 a.m. on the regularly scheduled trash collection day and shall be removed by 7:00 p.m. on the same day. (1) 7.7 Any outdoor storage during grading or building stages shall be approved by the Community Development Director. (1) 7.8 Unless otherwise agreed by the City in its sole discretion, the property within the tract or any street or sidewalk or drive (alleyway) thereon shall not be privately gated; provided however, that any swimming pool and/or spa facility within the community facility area and any private 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. (5) 7.9 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 in accordance with the approved 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. NOISE (1) 8.1 At plan check, an updated noise analysis shall be provided to ensure compliance with the Tustin Noise standards. *** 8.2 In accordance with the noise analysis, all units shall be constructed with appropriate sound attenuation to achieve the minimum noise level standards pursuant to the City's Noise standards. Prior to issuance of Certificate of Occupancy, the units shall by analyzed and certified for compliance with the City's Noise standards. WATER QUALITY MANAGEMENT PLAN (1), 9.1 This development shall comply with all applicable provisions of the City (5) of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. (1) 9.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Final Water Quality Management Plan (WQMP). The Priority WQMP shall identify: the implementation of Best Management Practices (BMPs), the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and Exhibit B Resolution No. 4395 Page 12 reference to the location(s) of structural BMPs. (1) 9.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 9.4 Prior to issuance of any permits, except a rough grading permit, the applicant shall record a "Covenant and Agreement Regarding Operation and Maintenance (0 & M) Plan to Fund and Maintain Water Quality BMPs Consent to Inspect and Indemnification. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 9.5 Developer shall design and construct the water quality treatment facility along Flight Way on Lot A of the Developer Map to accept and treat stormwater runoff from the public City streets as identified in the Water Quality Management Plan (WQMP) BMP Drainage Management Area. An irrevocable offer of dedication in fee over the Water Treatment area to the benefit of the City shall be dedicated on the Developer Map. (1) 9.6 Prior to issuance of a Grading Permit, the applicant shall submit a copy of the Notice of Intent (N01) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. PUBLIC BENEFITS IMPROVEMENTS *** 10.1 Prior to approval of the Final Map, the developer shall design sidewalk, parkway landscape and irrigation system adjacent to the project site along Airship Avenue, Flight Way, Street "B", "C", "D", "E", and "H". The Street "D" sidewalk adjacent to the Project shall extend to the corner of Tustin Ranch Road. Developer shall also design and construct landscape and irrigation improvements within the street bulb-out planters adjacent to the Project along the aforementioned streets as shown/required in Development Agreement 2019-00001. The construction of sidewalks, Publicly Accessible Common Area Improvements, parkway and street bulb-out planters, and landscape and irrigation system shall be completed in accordance with the Schedule of Performance in the DDA. *** 10.2 Developer shall design and construct public sidewalks along both sides of Flight Way from Armstrong Avenue to Street "B;" and, the southside of Airship Avenue from Armstrong Avenue to Street "B". Exhibit B Resolution No. 4395 Page 13 *** 10.3 Developer shall perform the maintenance, repair, and, replacement of the landscaping described within the Boundary Landscape Area exhibit and the Publicly Accessible Common Area exhibit as shown/required in Development Agreement 2019-00001. *** 10.4 Developer shall construct the Publicly Accessible Common Area Improvements depicted in Development Agreement 2019-00001. *** 10.5 Developer shall rough grade the City Streets Grading Area depicted in Development Agreement 2019-00001. *** 10.6 Developer shall rough grade the Promenade (Alley Grove) located on Lot 1 of the City Map (TTM No. 18197) and depicted in Development Agreement 2019-00001. *** 10.7 Developer shall provide a detailed landscape improvement exhibit in conjunction with the Landscape and Water Treatment Installation and Maintenance Agreement. PUBLIC STREET IMPROVEMENTS (1) 11.1 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 11.2 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" 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 prepared and submitted to the Public Works Department for approval. (1) 11.3 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 11.4 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. (1) 11.5 Developer shall enter into a Landscape Installation and Maintenance Agreement with the City of Tustin for the construction, maintenance, repair, and replacement of the landscaping described in the Development Agreement for the maintenance of parkway improvements within public rights-of-way adjacent to the project along Airship Avenue, Exhibit B Resolution No. 4395 Page 14 Flight Way, Street "B", "C", "D", "E", and "H". A detailed parkway improvement exhibit shall be provided for the agreement. (1) 11.6 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and 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 shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension" DWG". All layering and linetype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. ENVIRONMENTAL (1), 12.1 The developer shall comply with all mitigation measures related to the (5) project that are required by the Mitigation Monitoring Program for the Tustin Legacy Specific Plan (MCAS Tustin) area, identified in this exhibit and in other related project entitlements, shall be implemented. Additional measures related to development of this project as noted in the adopted EIS/EIR and are not previously identified in this exhibit as a condition of approval are required as follows: a. Prior to issuance of any permits, the developer shall retain a County-certified archaeologist. If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. b. The developer shall comply with the requirements established in a Palentological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. c. Prior to the issuance of any permit, the applicant shall provide written evidence to the Community Development Department that a County-certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are Exhibit B Resolution No. 4395 Page 15 found. d. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin shall review the proposed traffic control and operations plans with any affected jurisdiction. e. The applicant shall comply with all City policies regarding short- term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed fifteen (15) miles per hour. f. The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. g. Prior to the issuance of permits for any public improvements or development project, a development applicant shall submit to the City of Tustin information from IRWD which outlines required facilities necessary to provide adequate potable water and reclaimed water service to the development. h. Prior to the issuance of permits for any public improvements or development project, a development applicant shall submit to the City of Tustin and City of Irvine, as applicable, information from IRWD or the City of Tustin which outlines required facilities necessary to provide adequate sanitary sewage service to the development. COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (5) 13.1 Developer 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 written approval and/or permits from the applicable utility companies, including but not limited to Southern California Edison, The Gas Company, Irvine Ranch Water District (IRWD), AT&T, Cox Communications, Time Warner, etc. Exhibit B Resolution No.4395 Page 16 c. The applicant shall coordinate the design and construction of all utilities with the utility providers and the City. *** 13.2 At plan check submittal, the developer shall coordinate with the Tustin Police Department to ensure that adequate security precautions such as visibility, lighting, emergency access, and address signage are implemented. Prior to the issuance of building permits, the applicant shall submit to the police department for review and approval, a wayfinding plan for the project site. SOLID WASTE RECYCLING (1) 14.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 66 percent of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a $50.00 application fee and a cash security deposit. All projects shall submit a security deposit in the amount of 5 percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The minimum deposit amount shall be $500.00 and the maximum deposit amount shall be $2,500.00. (1) 14.2 Facility Solid Waste Collection and Recycling Plan. a. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). c. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. d. All trash enclosures shall be designed with roof and be able to accommodate at least three (3) bins, with at least one (1) bin reserved for recyclable materials and one (1) bin reserved organic waste. Space for a container for organics is also required as described in Section 14.2F below. Exhibit B Resolution No. 4395 Page 17 e. Prior to the approval of a site plan or the issuance of a building permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. f. All developments are required to provide space for the collection of organic materials. Organics are collected in a minimum of 35-gallon wheeled carts for the single-family units and/or units that function as single family units and a minimum of 65-gallon wheeled carts are required for areas where collection containers are shared by multiple units. The size of the organics container will be dependent upon the use and size of the building. Where collection containers are shared, organics can be collected six (6) days per week to minimize the space required for a container. COVENANTS, CONDITIONS, AND RESTRICTIONS (1), 15.1 All organizational documents for the project including any covenants, (5) 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 prior to issuance of the first certificate of occupancy. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after recordation. (1), 15.2 No Certificate of Occupancy shall be issued, unless a homeowners (5) 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 close escrow 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. Exhibit B Resolution No. 4395 Page 18 c. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities, landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails), common recreation facilities, 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 Tustin Legacy 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. I. 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 small 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, private patios, balconies and decks 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 Exhibit B Resolution No. 4395 Page 19 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. L A site plan showing the public portion of the open space 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 a two-car garage, less those established with a one-car garage where a one-car garage shall be maintained. 2. A minimum of 156 open parking spaces shall be made permanently available. Of the 156 spaces, a minimum of seventy-two (72) unassigned guest parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit". A minimum of seventy (70) unassigned surface parking spaces shall be permanently allocated to the flats units with tandem garage spaces and a minimum of fourteen (14) assigned surface parking spaces shall be permanently allocated to the flats units with single car garages. The head-in (90 degree) parking spaces shall have minimum dimensions of 9 feet wide and 19 feet long. 3. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide, and 19 feet long in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the homeowners association may adopt rules and regulations to authorize exceptions. 4. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. Exhibit B Resolution No. 4395 Page 20 5. The homeowners association shall be responsible for monitoring and enforcing all parking and traffic regulations on private drives. 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 "Trash Pick-up Plan" no earlier than 7:00 a.m. on the day regularly scheduled collection day and removed by 7:00 p.m. on the same day. I. Maintenance of lettered and numbered Lots containing all common areas, public and private open space, 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. 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. Exhibit B Resolution No. 4395 Page 29 HOMEBUYER NOTIFICATION (5) 16.1 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/or occupancy, and a copy of the signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy. a. A notice for roadway, trail, and train noise that may impact the subdivision, including roadway noise associated Tustin Ranch Road. 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, Tustin Unified School District and the Santa Ana 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, fire hydrants, transformers) identifying the type of structure and their locations. d. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and may require zoning clearance and a business license. e. A notice indicating that public use of portions of the common open space will be allowed and noting public ingress and egress through the subdivision will be provided for access to the common open space. f. A notice explaining the easements, facilities, amenities, and dedications that will be provided on lettered lots and indicating all on-site drives, 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 private drive or sidewalk, alleyway, or paseo thereon shall be privately gated, provided however that any swimming pool and/or spa facility within the private common area, and any private indoor common area Exhibit S Resolution No. 4395 Page 22 improvements, including any bathrooms, may be gated or locked and made available solely to residents of the project and their guests. h. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Trash Pick-up Plan" after 7:00 a.m. on the regularly scheduled trash collection day and shall be removed by 7:00 p.m. on the same day. L 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. j. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, fences and walls, etc. may not be allowed. k. A notice explaining and providing a copy of the approved "Parking Plan" and related CC&R provisions. I. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. m. The developer shall notify all homebuyers that future AssessmentlMaintenance Districts may affect the property. n. A notice stating that walls shall be a maximum of three (3) feet within front yard setback and a maximum of three (3) feet six (6) inches within front yard area along all public streets and along the Promenade (Alley Grove). o. A notice stating that common area landscaping installation and maintenance is an ongoing effort and that multiple factors may influence the appearance and perceived health of the plants. p. A notice for potential aircraft noise that may impact the subdivision. q. A notice stating the location and operation of a waste/recycling facility within the vicinity, in the adjacent City of Irvine, and odors may be perceptible. (5) 16.2 For residential units that are not sold at the time the Certificate of Occupancy is issued, the developer shall submit to the City a copy of the signed homebuyer notification within ten (1 0) business days of the Exhibit B Resolution No. 4395 Page 23 homebuyer having signed the document. FEES (1) 17.1 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1), 17.2 Prior to issuance of each permit, payment shall be made of all applicable (5) fees, including but not limited to, the following. a. Building plan check and permit fees to the Community Development Department. b. Engineering plan check and permit fees to the Public Works Department. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department. d. Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1s' of each year. e. Water and sewer connection fees to the Irvine Ranch Water District. f. For permits issued prior to January 1, 2020, Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot or the most recent rate of new or added gross square floor area of construction or improvements to the Community Development Department. g. New development tax fee in the amount of$350.00 per unit. Exhibit B Resolution No. 4395 Page 24 h. School facilities fee in the amount as required by Tustin Unified School District and the Santa Ana Unified School District. i. Other applicable Tustin Legacy Backbone Infrastructure Program fees. Payment shall be required based upon the most current rates in effect at the time of payment and/or permit issuance and are subject to change.