RES-10266 Tentative Tract Map Approval East Orange Planned Community Area 2RESOLUTION NO. 10266
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING TENTATIVE
TRACT MAP NO. 0022-07 (TTM 17185)
AND DESIGN REVIEW COMMITTEE NO. 4266-
07 TO ALLOW THE SUBDIVISION OF 785
ACRES FOR THE RESIDENTIAL DEVELOPMENT OF
UP TO 1,200 DWELLING
UNITS, INCLUDING ASSOCIATED TRACT-
WIDE IMPROVEMENTS ON PROPERTY LOCATED ON THE
NORTH SIDE OF SANTIAGO CANYON ROAD,
EAST OF IRVINE LAKE - EAST ORANGE
PLANNED COMMUNITY
AREA 2.APPLICANT: IRVINE COMMUNITY
DEVELOPMENT COMPANY WHEREAS, Tentative Tract Map No. 0022-07, TTM 17185 (hereafter
referred to as TTM 17185) and Design Review Committee No. 4266-07 (
hereafter, collectively referred as the Project) were filed by the applicant in accordance with the provisions of
the City of Orange Municipal Code (OMC) requesting approval to subdivide approximately
785 acres into 604 numbered and 198 lettered lots to primarily accommodate
residential development for a maximum of 1,200 dwelling units, including related
tract wide improvements; and WHEREAS, the City Council has authority per OMC Sections
17.08.020 and 16.12.010 C. to review and approve, conditionally approve, or
disapprove the tentative tract map and environmental documentation as described in the
City's
environmental review guidelines; and WHEREAS, the City Council has authority per footnote (b) of Table
17.08.020 -Reviewing Bodies of the OMC, which states that when more than one type
of application is filed for a single project, the application requiring the highest level of approval
shall dictate the review process for the entire group of applications, which therefore
establishes the City Council's authority to review and approve, conditionally approve or
disapprove a design review application in conjunction with a tentative tract
map application; and WHEREAS, the Project was processed in the time and manner prescribed
by state and
local law; and WHEREAS, City Council Resolution No. 10018 was adopted by the
City Council on November 8, 2005, certifying Final Supplemental Environmental
Impact Report No.1278/Environmental Impact Report No. 1716 (Final SEIR
1278/EIR 1716),SCH#1988110905/SCH#2000041122, adoption of a Statement
of Overriding Consideration,and a Mitigation Monitoring Program for the Santiago Hills II and
East Orange Planned
WHEREAS, Final SEIR 1278/EIR 1716 was prepared at the Program EIR level for
Area 2 of the EOPC; and
WHEREAS, in conformance with the prOVISIons of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines Section 15168 (c) (4), the City used a written
checklistlinitial study to determine whether the environmental effects of the Project were
covered in the Program portion of Final SEIR 1278/EIR 1716; and
WHEREAS, as set forth in the findings in Section 2 below, the City finds that pursuant
to State CEQA Guidelines Section 15168 and 15162 that the Project will not have any effects
that were not examined in Final SEIR 1278/EIR 1716, that no new effects will occur and no
new mitigation measures are required and therefore, the City finds that the Project is within the
scope of the program portion of Final SEIR 1278/EIR 1716; and
WHEREAS, on August 8, 2007, October 24,2007 and December 19, 2007, the Staff
Review Committee reviewed the Project including the environmental checklistlinitial study and
recommended acceptance of the environmental determination and recommended that the
Project proceed subject to conditions; and
WHEREAS, on January 10, 2008, the Park Planning and Development Commission
received and filed a report on how the proposed subdivision implements the previously
approved Public and Regional and Community Trails Program for the Santiago Hills II and
East Orange Planned Communities - Areas 1,2 & 3 (Trails Program); and WHEREAS,
on January 16, 2008, the Design Review Committee reviewed the Landscape
Concept Master Plan associated with the Project and recommended that the Project be
approved subject to conditions; and WHEREAS,
on February 20, 2008, the Planning Commission conducted a duly advertised
public hearing, at which time interested persons had an opportunity to testify either in
support of or opposition to the Project and for the purpose of considering TTM 17185 and Design
Review Committee No. 4266-07; and
WHEREAS, on February 20, 2008, the Planning Commission adopted Planning
Commission Resolution No. PC 09-08 recommending to the City Council approval of
the Project, subject to conditions;
and WHEREAS, the City Council conducted a duly advertised public hearing on March
11,2008, at which time interested persons had an opportunity to testify either in support of
or opposition to the Project;
and WHEREAS, upon closing the public hearing on March 11, 2008, the City
Council approved a motion to allow opponents and proponents of the Project to submit
additional written comments to arguments presented at the March 11, 2008 meeting with the proviso
that they were submitted by Wednesday, March 19,2008, to ensure inclusion in the City Council'
s agenda packet and to provide the City Council an adequate opportunity time to consider
such information prior to rendering its decision on the Project and to avoid a repeat of the March
11,2 -
2008, meeting in which voluminous documents were submitted by the applicant the day before
the hearing and by the opponents of the Project at the hearing itself, with no realistic
opportunity for City Council review; and
WHEREAS, the City Council reviewed and considered all information transmitted
under cover of the Staff Agenda Report presented at a regularly scheduled meeting of the City
Council held on March 25, 2008, and all prior information presented at the March 11, 2005,
public hearing for the purpose of the Project upon property generally described as follows:
A PORTION OF BLOCKS 78, 79,110,111,115 AND 116 OF IRVINE'S SUBDIVISION
AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS
RECORDS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA
NOW, THEREFORE, BE IT RESOLVED that the City Council approves TTM
17185 and Design Review Committee No. 4266-07 to allow subdivision of approximately
785 acres located north of Santiago Canyon Road, East of Irvine Lake, for primarily
residential development and associated tract wide improvements based on the following
findings:SECTION 1 - FINDINGS
A. Tentative Tract Map
1. The proposed map is consistent with applicable general and specific plans as specified
in Section 65451 of the California Government Code, the Subdivision Map Act, in that
the City previously adopted General Plan Amendment (GPA) No. 2003-0001,
which established the Integrated General Plan for the City by including areas within the City'
s Sphere of Influence; updating the City's Goals and Objectives in the subject areas
of Land Use, Circulation, Open Space and Conservation, Safety, and Noise; establishing
a less intense development plan for the East Orange Planned Community area, which
the subject map
implements.2. The design or improvement of the proposed subdivision is consistent with
applicable general and specific plans in that the City previously adopted Pre-Zone
Change (PZC)No. 1219 establishing the East Orange Planned Community
Development Plan providing policies and regulations that define all of the development related
aspects of East Orange; setting residential land uses at Low Density and Low
Medium Density that would permit a mixture of attached homes and detached homes,
which the proposed map establishes building sites that would accommodate
such development.3. The site is physically suitable for the type of development in that specific
areas that include sensitive and unique features will be preserved, and the
developed portions implemented with a graded site that
is balanced.3 -
4. The site is physically suitable for the proposed density of development in that the
subdivision contains a mixture of conventional single family lots in areas with less
existing sensitive land features; with larger building pads that could accommodate
attached housing product types in a more compact development pattern in portions of
the site that interface with the preserved open space areas; and with the greatest density
concentrated to the area adjacent to the existing lake.
5. 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
or their habitat in that an analysis of such impacts found that feasible mitigation
measures could be applied which have been incorporated as conditions.
6. An environmental impact report (SEIR 1278/EIR 1716) was prepared with respect to
the Project and a finding was made pursuant to paragraph (3) subdivision (a) of Section
21081 of the State Public Resources Code that finds that specific overriding economic,
legal, social, technological, or other benefits of the Project outweigh the significant
effects on the environment. The proposed map is consistent with the Program portion
of the SEIRI278/EIRI716 and all applicable Mitigation Measures have been
incorporated into Project conditions.
7. The design of the subdivision or type of improvements is not likely to cause serious
public health problems in that Project conditions have been included to preserve the
public welfare.
8. The design of the subdivision or type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the
proposed subdivision in that access to the existing marina and lake is proposed to be
retained with improved access. Further, the general public does not currently have
access through or right to use of other portions of the property within the boundaries of
this subdivision. The subdivision includes implementation of local and regional
recreational opportunities and trails.
9. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements prescribed by a
California regional water quality control board pursuant to Division 7 of the State
Water Code in that conditions have been included requiring compliance with all
requirements of the Water Quality Act including required reporting, permitting and
fees.
B. Design Review
1. The Project design upholds community aesthetics through the use of an internally
consistent, integrated design theme and is consistent with all adopted specific plans,
applicable design standards and their required findings in that the proposed Landscape
Concept Master Plan demonstrates the use of plant materials and planting locations that
provide a smooth visual transition between the ultimate residential neighborhood
development and the natural open space by incorporating tree communities based upon
existing native species.
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SECTION 2 - ENVIRONMENTAL REVIEW The
City prepared a written checklistlinitial study to determine whether the environmental effects
of the Project were covered in the Program portion of Final SEIRI278/EIR 1716. In preparing
the checklist, the City consulted the analysis prepared in the Final SEIR1278/EIR 1716
and the adopted Mitigation Monitoring Program prepared for Area 2 of the EOPC.Implementation
of those Mitigation Measures specific to submittal of a tentative tract map were
carried out for the identified impact categories of Noise, Traffic, Hydrology/Water Quality,
Habitat, and Soils. The result of that implementation was the preparation of follow-up
technical reports, which were attached to and reviewed in conjunction with the checklistlinitial
study. All of this information was presented to the City's Staff Review Committee in
accordance with the City's adopted Local CEQA Guidelines for review and a determination
was made that (1) no new effects will occur and no new mitigation measures are required; (2)
that the Project is within the scope of the project covered in the Program portion of Final
SEIR1278/EIR 1716; and (3) no new environmental document is required for the Project. Such
determination was finalized and the checklist/initial study was signed on November 20, 2007.
All remaining Mitigation Measures as adopted in the Mitigation Monitoring Program prepared
for Area 2 of the EOPC are applicable and such reference has been incorporated into Project
conditions.
On the basis of the City's environmental review and the documents, testimony and other
evidence submitted and considered by the City Council, the City Council makes the following
findings each of which is a separate and independent finding:
1. The approval of the Project will not have any effects that were not examined in the
Program EIR within the meaning of CEQA Guidelines Section 15168 and therefore no
new initial study, negative declaration or EIR is required.
2. There has been no substantial evidence presented that the approval of the Project will
have a Project specific or cumulative effect on greenhouse gases and global warming.
The evidence submitted indicates that the Project will not cause or contribute to any
increase in greenhouse gas emissions.
3. The approval of the Project is within the scope of the Program EIR and creates no new
effects and requires no new mitigation measures within the meaning of CEQA
Guidelines Section 15162 and 15168(c)(2). Specifically, the Project will have no new
effect on, among other things, greenhouse gases or global warming or on water quality
in Irvine Lake. The Program EIR did analyze potential air quality emissions related to
the Project, including motor vehicle emissions and emissions related to energy use,
which are a major component of greenhouse gases.
4. Greenhouse gases and their effect on global warming is not new information that was
not known or with the exercise of reasonable diligence could not have been known
within the meaning of CEQA Guidelines Section 15162 at the time the EIR was
certified in 2005. The emissions that will be generated by the Project are consistent
with the Program EIR estimates and if anything, due to a reduction in the acres to be
graded, will be less during the construction phase. The Project does not propose any
changes that require additional analysis or are unique.
5 -
5. That the findings in the Initial Study/Checklist represent the City's independent review
and analysis and were prepared directly by the City and/or by persons under contract to
the City.
SECTION 3 - CONDITIONS OF APPROVAL BE
IT FURTHER RESOLVED that the following conditions are imposed with approval:
Note:
For the purposes of these conditions of approval, the term applicant shall mean, as applicable
in the individual condition, the tentative map applicant or the applicant's successor in
grading or developing the property or in providing on-site or off-site
improvements.A. The following conditions shall be ongoing until
satisfied:1. Approval of Tentative Tract Map No. 0022-07 (TTM 17185) and
Design Review Committee No. 4266-07 is for the subdivision of 785 acres into 604
numbered lots and 198 lettered lots to provide residential building sites to accommodate
a maximum of 1,200 dwelling units, and all related tract improvements, as shown on
Exhibit A (Sheets 1 thru 3, dated February 6, 2008) and Exhibit C thru H (
Landscape Concept Master Plan and Cross Sections, dated July 11, 2007), for an area generally
located north of Santiago Canyon Road, East of Irvine Lake (commonly referenced as Area 2
of the East Orange Planned Community), as presented to the City Council on March
11,2008. All subsequent filings shall be in substantial compliance
with this approval.2. This approval constitutes approval of the proposed subdivision and
related tract wide improvements only to the extent that the Project complies with the City
of Orange's Subdivision Ordinance and any other applicable zoning
regulations, including those specific requirements outlined in the East Orange Planned
Community (EO PC)Development Plan for approvals of A-Level and
B-Level Tentative Tract Maps.Approval does not include any action or findings as to
compliance or approval of the Project regarding any other
applicable ordinance, regulation or requirement.3. Approval of the subdivision at this time does not include
a Minor Site Plan Review application for those lots shown within the subdivision
that are intended for single-family conventional development (Lots 1 thru 556).
A Minor Site Plan Review application for such lots shall be submitted in conjunction
with, or subsequent to the completion and approval of final Design Guidelines
for the EOPC Area 2.4. Approval of the subdivision at this time does not include
approval of any specific uses or structures within Lots 603 and 604, which
are designated with a Commercial Recreation land use, and are subject to additional
discretionary permit pursuant
to the EOPC Development Plan.5. Within two (2) days of final approval of this Project, the
applicant shall deliver to the Planning Department a cashiers check payable to the
County Clerk in an amount stipulated for the County Administrative Fee; plus as is
required to fulfill
requirements of Fish and Game Code Section 711.4( a) unless a receipt or other proof of
payment showing previous payment of the filing fee for the same Project is provided, to
enable the City to file the Notice of Determination required under Public Resources
Code 21152 114Cal Code Regulations 15075. The amount of the fee shall be based on
the current fee structure as shown in Section 7l1.4( d) for both the Fish and Game fee
and the County Administrative Fee.
6. The applicant shall comply with all federal, state, and local laws, including all City
regulations. Violation of any of those laws in connection with the use will be cause for
revocation of this permit.
7. Applicant shall defend, indemnify, and hold harmless the City of Orange, its officers,
agents, and employees from any claim, action, or proceeding against the City, its
officers, agents, or employees to attack, set aside, void, or annual an approval of the
Planning Commission or City Council concerning this subdivision, which action is
brought within the time period provided for in Government Code Section 66499.37.
The City shall promptly notify the applicant of any such claim, action, or proceeding
and shall cooperate fully in the defense. This condition is imposed pursuant to
Government Code Section 66474.9(b).
8. Applicant shall comply with all mitigation measures and Project design features
applicable to this tract map as described in final SEIRI278/EIRI716 whether or not
such requirements are identified herein.
9. Applicant shall comply with the provisions contained within Development Agreement
No. 4791 applicable to this tract map, whether or not such requirements are identified
herein. Timing for the payment of some fees in approved Development Agreement No.
4791 may differ from City ordinances.
10. A tentative tract map shall expire unless recorded within 24 months after tentative map
approval (final City Council Resolution date) and prior to the sale or lease of any
parcel, unless the tentative map is extended pursuant to Government Code Section
66452.6 or pursuant to Development Agreement No. 4791 applicable to this tract.
11. Approval of this tentative tract map shall not be effective until annexation of the
property has been completed. Annexation shall be completed within the applicable
time limits outlined in Development Agreement No. 4791.
12. The Project approval includes certain fees, dedications, reservations, and/or other
exactions. Pursuant to Government Code Section 66020, these conditions or
requirements constitute written notice of the fees and/or descriptions of the dedication,
reservation, or other exaction. The applicant is hereby notified that the ninety (90) day
protest period commencing from the date of approval of the Project has begun. If the
applicant fails to file a protest regarding these conditions or requirements, the applicant
is legally barred from later challenging such exactions per Government Code Section
66020.
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13. Pursuant to Government Code Section 66473.7 (b)( 1), a sufficient water supply shall be
available to the subdivision, as referenced in the Irvine Ranch Water District (IRWD)
Verification letter dated November 26, 2007, or any subsequent verification consistent
with the Government Code.
14. Model Homes shall comply with the following standards
a. Within ninety (90) days after the close of escrow of the last unit within the tract,
restore the model homes, and remove the parking lots, signs, all temporary fencing,
and the sales office as necessary to comply with the current applicable zoning
regulations.
b. A maximum of ten (10) on-site pennants are permitted in connection with the
model home sales
use.c. The applicant shall submit a plan identifying the model homes and parking
areas and to reflect exact size, location, and copy of signs associated with the model
home sales complex. The sign copy shall be limited to matters relating to the
recorded tract within which the signs are located. Such signs shall have a time limit
of existence concurrent with the use if the permitted temporary offices within
the recorded
tract.d. Signage whose purpose is to direct people to the development that is the subject
of this permit shall conform to the requirements of the adopted East Orange
Planned Community
regulations.e. The model home sales office shall be used solely for the first sale of dwelling
units within this tentative
map.15. These conditions shall be reprinted on the cover sheet or first page of all
construction plans within this subdivision, including landscaping and grading
plans.B. The following conditions shall be satisfied prior to approval of the first final map
or each final map by the City Council or in accordance with any
subdivision improvement
agreement:16. The applicant shall prepare a final set of Design Guidelines for EOPC Area 2, or
amend the existing Design Guidelines dated October 2005, which were previously approved
in concept by the City. The updated Guidelines shall contain sufficient information
and guiding principles for the overall product types and architectural styles to be
provided within the
subdivision.17. The applicant shall cause to be prepared a final map in substantial compliance with
the tentative tract map and conditions of approval, to the satisfaction of the Public
Works
Director .18. The applicant shall pay any applicable fees for the processing of the final map,
as established at the time the map is
filed.19. The surveyor or engineer preparing the final map shall submit to the Public
Works Department a digital graphics file containing such information and data and in
such format as shall be acceptable to the Public Works
Director.8 -
20. The final map shall detail all easements, public or private, that will be abandoned,
dedicated to the City, created and/or maintained in-
place.21. The applicant shall not grant any easements over any property subject to a
requirement of easement, dedication, or irrevocable offer of dedication to the City of Orange,
unless such easements are expressly made subordinate to the easements to be offered
for dedication to the City of Orange. Prior to granting any of said easements, the
applicant shall furnish a copy of the proposed easement to the Planning Manager and
Public Works Director for review and approval. Further, a copy of the approved
easement shall be furnished to the Planning Manager and Public Works Director prior to
the issuance of any certificate of use and
occupancy.22. The applicant shall prepare an improvement plan for the anticipated
public improvements for this tract map, and submit the plans for review an approval with
the Public Works Department. All applicable plan check and permit fees shall be paid
by the applicant, as established at the time the plan is submitted or as per
Development Agreement No. 4791 applicable to this
tract.23. For any public improvement that will not be completed by the approval of the
final map, the applicant shall enter into an agreement with the City to ensure completion
of the public improvements at the applicant's expense. This agreement can also
include offsite improvements under the control of other agencies, as may be
necessary.66462.5(c)) The agreement will include that either the agency will initiate
or consummate proceedings under an appropriate special assessment district or
Mello-Roos Community Facilities District or that improvements would be completed at
the applicant's expense. The performance of the agreement shall be guaranteed by
a security as specified in the City's local ordinance and the Subdivision Map Act.
All agreements shall be approved by the City
Council.24. The following improvements shall be constructed in accordance with plans
and specifications meeting the approval of the Director of Public Works. At the
discretion of the Public Works Director, security may be provided to the City in lieu
of constructing
facilities:a. All required streets, overpasses, and street improvements appurtenances
street names, street signs, streetlights, roadway striping, red curbing and stenciling
on roadways within the map and outside the map boundaries, if required. All
street lighting shall be designed to maximize downward throw, and minimize
upward losses into the
atmosphere.b. All required surface drainage, storm drain facilities, and water
quality improvements, including any offsite improvements, extended to a satisfactory
point of disposal for the proper control and disposal of storm runoff. Sump
conditions shall be designed to handle 100-year frequency storms. Semi-
sump conditions shall be designed to handle 25-year frequency storms. Main line
storm drains that serve sumps and semi-sumps shall be designed
to handle 25-year frequency storms.c. A water distribution system and appurtenances
that shall conform to
the adopted regulations
d. Sewer system and appurtenances that shall conform to the IRWD regulations.
e. Monumentation shall be set, based on a field survey.
f. Undergrounding of utilities.
g. Public trails and bikeways, including private trail systems as indicated in the EOPC
that will be open to the general public.
h. Landscaping for public areas. All landscaping shall include the installation of Root
Barriers on the sidewalk side of tree, or where conditions warrant, the installation of
a Deep Root box as directed by the Community Services Department.
1. Santiago Canyon Road/Streets A and D intersection improvements.
25. The applicant shall construct all public and private streets to City standards, except for
specific deviations shown on the tentative tract map as Numbers 1 through 5, and
approved by the City. Said deviations pertain only to development within the
boundaries shown on this tentative tract map. All streets shall meet current American
Disabilities Act (ADA) requirements.
26. All sidewalks shall be designed to City of Orange standards, with transverse slope not
to exceed 2%.
27. The applicant shall install traffic signals (with CCTV capabilities) at the following
locations: Santiago Canyon Road/Street A (westerly tract access) and Santiago Canyon
Road/Street D (easterly tract access). All underground work necessary to provide for
traffic signals (conduits, pole foundations, etc.) shall be constructed at the intersections.
28. All traffic signals that adjoin an equestrian trail shall include an activation device that is
located at equestrian height.
29. Dedicate to the City of Orange the right to enter private streets, if applicable, for
maintenance of public utilities, emergency access, trash collection, etc.
30. The applicant shall submit for review and approval a mass grading plan for the entire
subdivision, or in phases as approved by the City. Such plans shall be in substantial
conformance with the grading concept shown on the approved tentative map, except for
the specific deviation shown on the tentative tract map as Number 6. These plans shall
show, at minimum, the limits of grading, the drainage, retention/detention basins,
sewer, water, trails, parkways, streets and all appurtenant improvements. The extent of
the topography shall be extended sufficiently beyond the tract's boundaries to
determine the geological and drainage impacts to adjacent properties. The elevations
shall correspond with the Orange County benchmark datum (NA VD 88 vertical datum).
All drainage must be conveyed to the street or a City approved drainage facility. Such
plans shall, at a minimum, incorporate sufficient information to satisfy the requirements
as outlined in Subsection C. of these conditions.
31. The applicant shall submit will serve letters from the applicable water and sewer
district.
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32. The applicant shall furnish access and utility easement to meet IRWD standards to be
dedicated to IRWD.
33. The applicant shall offer to IRWD Lot 602 for dedication of a reservoir site as shown in
the tentative map. The applicant shall undertake maintenance of this lot until such time
that IRWD accepts such dedication.
34. The applicant shall satisfy all water main connection, fees as required by IRWD, and all
plan check and inspection charges as determined by IRWD.
35. The applicant shall pay water and sewer connection fees to IRWD in accordance with
their regulations and available options.
36. Each building shall be metered separately unless otherwise approved by IRWD.
37. The applicant shall furnish and install remote read meters for all domestic and
landscape services of a manufacturer as approved by IRWD. Additionally, the
applicant shall investigate the available companies and requirements for installing a
remotely operated landscape irrigation system for single-family dwellings,
multiple-family housing, and attached housing. At a minimum, the research and
available options will be incorporated into the information packet that is made available
to potential
homebuyers.38. Water meters shall be installed on the side of the roadway requmng service
for landscaping to eliminate the need for street sleeves. No landscape irrigation
system sleeves shall be allowed under public streets unless service to medians is required.
Any such landscape irrigation sleeves within the public right-of-
way street crossing,sidewalks and/or trails shall be encased
in 2-sack slurry.39. All appropriate cable television systems shall be entitled and
allowed to place and locate wires, conduits, appurtenances, and any and all
equipment necessary to extend cable television service to each residential
parcel in the subdivision.40. If the City of Orange maintains the water quality facilities
built into this tract,maintenance costs shall be incorporated into a Community
Facility District or another appropriate public financing district established in accordance
with local
ordinances and State law.41. A provision shall be added to the title of each lettered or numbered
lot that includes a water quality facility of any type that accepts water from a
public storm drain, stating that such water quality facility has been designed to accept
storm drainage from the surrounding area, including from public storm drains,
in accordance with accepted engineering standards, and therefore the City shall not be liable
for damages to the storm water quality facility that may result to such facility due to
storm water from the public storm drain system. This title provision does not apply to
the extent any such damage is caused by the negligence or willful misconduct of the
City or its employees.Title provision shall be in the favor of
the City of
42. If determined necessary by the City, a letter of consent, in a form approved by the City,
suitable for recording, shall be obtained from the upstream and/or downstream property
owners permitting drainage diversion and/or unnatural concentrations.
43. The applicant shall participate in the applicable Master Plan of Drainage in a manner
meeting the approval of the City, including payment of fees and the construction of the
necessary facilities. Drainage fees collected will be applied as credit toward Master
Plan of storm drains constructed by the Project.
44. The final map will describe all private community trails and bikeways that will be open
to the general public and shall detail that these facilities shall be public pedestrian
easements, open for public ingress and egress in perpetuity.
45. The applicant shall offer to the County of Orange dedication of County Regional
Hiking and Riding Trail as shown in the tentative map and as represented on Exhibit 6
of the EOPC Development Plan. The applicant or successor HOA shall undertake
maintenance of the trail until the County of Orange accepts dedication.
46. The applicant shall coordinate with Orange County Transit Authority (OCTA) and the
City and shall offer to dedicate land, if applicable, for transit facilities, including bus
turnouts, benches and shelters in accordance with City of Orange and OCTA
regulations.
47. Codes Covenants and Restrictions (CC & R's) shall be prepared by the applicant and
submitted for approval by the City for the entire site and address specific
responsibilities of the Homeowners Association (HOA). A few specific areas to be
included, but are not limited to:
a. Any aspect that is zoning in nature shall be structured so they cannot be rescinded
or modified without City concurrence.
b. Maintenance responsibilities for any private drainage or water quality features.
c. Maintenance responsibilities for fuel modification areas.
d. Maintenance responsibilities for landscape areas, including parkway, median
roadway areas, arterial roadway landscaping, common slopes, or native open space.
e. Identification of HOA community trail or bikeway systems that will be open to the
general public through public pedestrian easements, and maintenance of these
community trails and bikeways.
f. Detailing enforcement options available to the City to ensure that maintenance is
continuously undertaken for common slopes, drainage and water quality, fuel
modification zones, trails that are open to the public or other zoning aspects.
g. Maintenance of any applicable private streets.
h. Maintenance of any applicable private recreation facilities.
1. Identification of common open space lots that will be owned or under the control of
the HOA and maintenance for open space lots
J. Ensure, in perpetuity, that private trails and bikeways open to the general public
shall not be blocked through the construction of any fencing, gates or other devices
that would limit or restrict access to the general public.
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k. Specific maintenance and operational requirements for sustaining open space lots
G- 7 through W - 7 as native open space.I.
A method to distribute the cost of required maintenance in an equitable manner among
the owners of the dwelling units within the subdivision.m.
Ownership and maintenance of common slope areas, including down drain and terrace
drains.n.
The CC & R's shall contain a provision that the Fire Chief can, at his discretion,require
further street markings for fire lanes (including red curbing) if signage fails to
keep fire lanes clear of vehicles or other obstructions.o.
The CC & R's shall include requirements for maintenance and funding of the Project'
s structural and treatment water quality best management practices as approved
by the City. The approved Operations and Maintenance (O&M) manual from
the approved Water Quality Management Plan (WQMP) shall be attached and serve
as a reference and guide.48.
The CC & R's shall be subject to a joint review by the Community Development Director,
Public Works Director, and City Attorney. The applicant shall be required to pay
for the review of the CC & R's by the City Attorney, Public Works Director and the Community
Development Director at City's hourly billing rate.49.
The CC & R's shall be recorded prior to or at the same time as the first final map.50.
The preparation of CC & R's shall include, as applicable, a Master Association and procedures
for establishment of sub-associations.
51. All lettered parcels not specifically assigned to and accepted by a governmental entity
shall remain under common ownership, maintenance, and liability of the HOA. No
lettered lot may be sold separately. Private recreational facilities provided within the
tract map shall be maintained by the HOA and shall not be altered or removed without
specific approval from the City of Orange. These provisions shall be reflected in the
CC & R's.
52. Open space or common area Lots A-I through Q-8, excepting Lots R-2
and V-2 that were not used, shall be conveyed to the HOA. The final map
shall detail which lettered lots will become the ownership and responsibility of a Master
HOA and which ones will be the responsibility of
one of the sub-associations.53. A Conservation Easement shall be placed over native open
space Lots G-7 through W-7 in favor of the City of Orange or
the non-profit organization as outlined in Condition No. 53 as approved by the City.
The Director of Community Development and the City Attorney shall approve
specific wording
for the conservation easement, including fuel modification limitations.54. Native open space Lots G-7
through W-7 shall be offered to a non-profit organization that specializes in
and has the expertise to provide appropriate stewardship in order to maintain the lots as
native open space. The specific components of the offer shall be detailed
in an agreement
C. The following conditions shall be satisfied prior to issuance of a grading permit:
55. The applicant shall prepare a monitoring plan detailing timing, implementation and
responsibility for all conditions of approval, applicable mitigation measures in Final
SEIR 1278/EIR 1716 and applicable provisions of Development Agreement No. 4791
related to this tract map. The plan shall include, but not limited to, an implementation
date and responsible party for each provision and condition. The Development Phasing
Plan states that construction of transportation improvements, or the payment of
mitigation fees with respect to such improvements, required for the Santiago Hills
II/East Orange Planned Communities project (SHII/EOPC) shall be timed as set forth in
the Traffic Analysis prepared for the SHII/EOPC, the Mitigation Monitoring and
Reporting Program for the SHII/EOPC, and Development Agreement No. 4791.
56. The applicant shall submit a grading plan in compliance with City standards, for review
and approval by the Public Works Director. All grading and improvements on the
subject property shall be made in accordance with the Manual of Grading and Standard
Plans and Specifications to the satisfaction of the Public Works Director, except for the
specific deviation shown on the tentative tract map as Number 6.
57. All grading and improvements on the subject property shall be in accordance with the
conceptual grading plan shown on the tentative map, which shows a balanced cut and
fill site.
58. No grading permit shall be issued until final annexation of the property to the City of
Orange has been completed, unless the County of Orange specifically allows the City of
Orange to issue the grading permit and conduct inspections.
59. The applicant shall obtain any required grading or encroachment permits from the
County of Orange for work required within County owned and operated facilities.
60. The grading plan shall contain provisions to protect in-place native open space lots
that will not be disturbed by grading
operations.61. The applicant shall pay all applicable fees to cover plan check and inspection
services related to grading
activities.62. The grading plan shall detail all of the locations where retammg walls will
be constructed, including height and engineering for each wall, and obtain a
building permit for walls over three (3) feet in height prior to
construction.63. Any grading outside of the tract boundaries shall require the applicant to either
obtain slope easements or off-site grading permits in a form suitable to the
Public
Works Director.14 -
64. The applicant shall prepare a final acoustical analysis report to the Building Official for
approval. The report shall describe in detail the exterior noise environment and
preliminary mitigation measures. The report will precisely detail noise barrier location
and height needed to achieve the 65CNEL exterior standard.
65. The applicant shall prepare a final geotechnical and soils classification report to the
satisfaction of the Building Official and Public Works Director.
66. The applicant shall prepare a final hydraulic and hydrology report, prepared by a
qualified engineer, for review and approval by the Public Works Director.
67. The applicant shall submit a Water Quality Management Plan (WQMP) to the City's
Public Works Department for review and approval consistent with the City's latest
municipal storm water permit, County-wide Drainage Area Management Plan (
DAMP)and Local Implementation Plan (
LIP).68. Should the applicant request a precise grading permit for an individual tract within
the tentative map boundaries; they shall submit a WQMP for each individual
tract consistent with the City's latest municipal storm water permit, County-wide
DAMP
and LIP.69. Not withstanding the layout of the basins shown on the tentative map,
the extended detention basins shown on the Project's grading plans shall be revised if necessary
to be consistent with the requirements of the City's latest municipal storm
water permit.70. Prior to commencing any grading (including grubbing, clearing, surface
mining or paving permits, but not including annual habitat maintenance activities)
the applicant shall demonstrate that coverage has been obtained under California's
General Permit for Stormwater Discharges Associated with Construction Activity (General
Permit) by providing a copy of the Notice ofIntent (NOI) submitted to the State
Water Resources Control Board and a copy of the subsequent notification of the issuance of
a Waste Discharge
Identification Number.71. The applicant shall comply with all current requirements of the
National Pollutant Discharge Elimination System (NPDES) permit program. A Storm
Water Pollution Prevention Plan (SWPPP) and a NOI from the State Water Resources
Control Board shall
be required.72. The applicant shall prepare an Operations and Maintenance (O&M) manual
for the structural components of the WQMP. Examples of typical components
may include extended detention basins, treatment swales, or hydrodynamic separator
systems. The O&M manual will address anticipated maintenance procedures and
scheduled timing for maintenance. The O&M manual shall be utilized by the HOA to
maintain water quality basins and other BMPs in their ownership, and shall be incorporated into
the CC R's for the master HOA and/or subsidiary HOA,
as applicable.15 -
73. The applicant shall implement all prOVISIOns and mitigation measures related to
archeological and paleontological sites or potential finds.
74. The applicant shall prepare a dust control plan for review and approval by the Public
Works Director.
75. The applicant shall exercise special care during the construction phase of the Project to
control erosion and contain sediment so it is not transported off-site. The
applicant shall provide erosion control measures and shall construct
temporary desiltationldetention basins of a type, size, and location as approved by the
Public Works Director. The basins and erosion control measures shall be shown and
specified on the grading plan and shall be constructed to the satisfaction of the Public
Works Director prior to the start of any grading operations. Prior to removal of any basins
or erosion control devices so constructed, the area served shall be protected by
additional drainage facilities, the Public Works Director may require slope erosion
control measures and other methods as. The applicant shall maintain the temporary basins
and erosion control devices until the Public Works Director approves removal of
said
facilities.76. The applicant, in coordination with the contractor, shall ensure that grading
and construction activities comply with the following
requirements:a. All construction vehicles or equipment, fixed or mobile, shall be equipped
with properly operating and maintained
mufflers;b. All operations shall comply with City ordinances with respect to hours
of construction activity to minimize noise
impacts;c. During construction, best efforts shall be made to locate stockpiling and/or
vehicle staging areas as far as practicable from surrounding
residences.77. All manufactured on-site slopes shall not exceed a grade
of2:1.78. All manufactured slopes shall have terrace drains at twenty-five (25)
foot intervals per City Standard 333 regardless
of slope ratio.79. The applicant shall provide adequate sight distance at all street
intersections, m a manner meeting the approval of the
Public Works Director.80. All drainage devices shall conform to requirements in
the Planned Community regulations, design guidelines, mitigation measures, or Landform
Grading and Planting Guidelines. The applicant shall utilize colored concrete and/or
landscaping to make drainage facilities in slope areas blend into surroundings. Decorative
methods will be reviewed and approved by the Director
of Community Development.81. The applicant shall prepare a final landscaping and irrigation plan
consistent with the grading plans and conceptual fuel modification plans for the review and
approval of the Director of Community Development, Public Works
Director, Community Services Director and Fire Department. The landscaping plan will utilize
the principals detailed in the landscape design chapter of the EOPC Area 2 Design
Guidelines, as updated.
The landscape plan shall also recognize and adhere to the tree removal and replacement
provisions in the Tree Preservation Study prepared by Dudek Associates dated April 19,
2004.
82. The landscape plan shall show that open space lots that will be disturbed through
grading operations, where they are adjacent to protected native open space lots, shall be
re-landscaped with a native plant palette that generally matches adjoining
protected native open space lots, in keeping with the conceptually approved Design
Guidelines chapter on landscape design for the EOPC Area 2, and as updated. Provisions shall
be included to recognize impacts from fuel modification, water quality detention
facilities or roadways and
trails.83. The landscape plan shall specify that irrigation lines are to be installed below
ground.84. The landscape plan shall also include a fencing plan for the use of common tract
wall fencing and fencing that will be required for detention or water quality basins.
Any fencing enclosing a detention basin and visible to the general public shall
utilize decorative materials, subject to review and approval of the Director of
Community
Development.85. The applicant shall receive approval from the Director of Community Services for
a comprehensive tree removal permit in accordance with the City's Tree
Preservation ordinance. For purposes of tree removal and replacement of trees, the applicant
shall utilize the Tree Management and Preservation Plan prepared by Dudek and
Associates dated April 19,
2004.86. A lighting plan with photometric shall be submitted for review and approval for
any exterior lighting. Lighting plan shall be designed to confine or direct lighting to
the property in a manner meeting the approval of the Planning Manager. Lighting shall
be included for any paved trail not adjoining a public street that will be utilized in
evening hours. Lighting shall be adjusted and shielded to the greatest extent possible
to accommodate public safety while avoiding spillage into sensitive habitat areas that
are to be
preserved.87. The applicant shall demonstrate that the grading plans will provide for or allow
for improvements that comply with the City of Orange Fire Department regulations,
which
include:a. Every building shall be accessible to fire department apparatus by an
access roadway of not less than twenty (20) feet of unobstructed width having a
minimum of 13 feet 6 inches of vertical clearance. The access roadway shall be extended
to within 150 feet of all portions of the exterior walls of the first story of any
building.UFC Sections 901 and 902 unless the Fire Chief approves alternate means
of
protection.b. All streets less than thirty-six (36) feet wide shall be signed as a fire lane.
The signs shall be provided and installed per the City of Orange Fire Departments
Fire
Lane Standards.17 -
c. Dead-end fire apparatus access roads in excess of 150 feet in length shall
be provided with approved provisions for the turning around of fire apparatus.
Dead-end fire department access roads shall not exceed 600 feet unless the Fire
Chief approves alternate means of
protection.d. The fire department access roadway shall be an all-weather driving
surface capable of supporting the imposed loads of fire apparatus, 60,000 pounds. The
access shall be designed for a three-axle vehicle. U.F.C. Section902.
2.2.2.e. The fire department access roadway shall be provided with
adequate turning radius for fire department apparatus. (A 45 foot outside and 25 foot
inside radius.) UFC Section902.
2.2.3.f. Fire department access must not exceed 12 percent grade. U.F.C. Section 902.
2.2.6.g. This Project shall comply with the City of Orange's
Fuel Modification Program,which includes the requirement of a minimum
twelve-foot wide passage h. way from a public street to the fuel modification zone
to provide access for emergency personnel and maintenance workers. Access ways are
to be located no more than 500 feet apart with locations approved by
the fire department. The access areas are to remain designated as lettered lots as shown
on the tentative tract map and a condition of construction shall be that
the Homeowners' Association is responsible for the maintenance of the access. A statement shall
be included in the Homeowners' Association's CC & R's
indicating the Homeowners' Association responsible for maintenance of all fuel modification areas. All
zones of the fuel modification, including the "A" zone shall be located in the
common areas and be the responsibility of the Homeowners' Association
to plant and maintain.1. A fire analysis report in substantial conformance
with the conceptual report prepared for the tentative map, including the fuel
modification design, shall be submitted to the fire department for review and approval. This
study shall take into consideration the existing vegetative fuels, geography,
wind conditions and fire history for the area and how it will impact the proposed
development and guide the ultimate fuel modification design. Per the conceptual
fire master plan, any decreased "A" zones shall be accompanied with an expanded "
B" zone, and is applicable to Lots 166, 167, 229, 350-353, 504-506,
550, 553 and 554. Per the conceptual fire master plan, an alternative to the
requirement for an "A" zone to occur on the flat portion of the graded pad
provides that certain 20-foot "A" zone conditions can be modified to permit a gradual slope not
to exceed 3% in the first 10 feet followed by a slope not to exceed 5: 1
ratio in the remaining 10 feet. Specific occurrences within the tentative tract
map where the application of such an alternative "A" zone is used is
subject to approval by the Fire Chief.J. Prior to issuance of a fire service (
detector check) the required water supplies for hydrants and fire sprinkler systems shall
be determined and the water supplies
shall be approved by the Fire Department.k. Provide on-site fire hydrants and
mains capable of supplying the required fire flow.The hydrant model and on-
site locations shall be approved by the Fire Department and have a three
foot
minimum clearance around the circumference of the fire hydrant.I. The number and location of
hydrants shall be submitted to
the Fire Department
88. The applicant shall demonstrate that the grading plans will provide for or allow for
improvements that comply with the City of Orange Crime Prevention regulations,
which include but are not limited to the following:
a. All residential fencing along common areas, public spaces, trails, etc. shall be of
open construction to provide natural surveillance from residences to the surrounding
area except where solid walls are required for sound attenuation or along side yard
areas.
b. All plants and shrubbery chosen for the landscaping around common areas, public
spaces, trails, etc. shall be such that when installed is of a graduated height, from
lower to higher, away from the access area so as to prevent blind corners and
maintain maximum visibility of surrounding area for those using the facilities.
Plant types shall be chosen that will prevent future overgrowth.
c. Those lots having reduced street frontage flag lot configuration shall have additional
illuminated monument addressing at the street.
d. Group or gang mailboxes shall be located in an area having high volume of activity
within the respective development.
e. Any manual gate secured by a locking device shall have a Knox box with key inside
to the gate's locking mechanism. The Knox box shall be keyed for Police and Fire
access. Automatic vehicular gate operation for emergency response shall be in
conformance with the City's Ordinance.
D. The following conditions shall be satisfied prior to issuance of residential building
permits within this tract boundary:
89. The final map and CC & R's shall be recorded (model homes excluded).
90. Rough grading shall be completed to the satisfaction of the City Engineer/Public Works
Director and the graded site shall be released by the City Engineer/Public Works
Director for construction.
91. The applicant shall submit and receive approval for Design Review from the Design
Review Committee in accordance with the requirements OMC Chapter 17.
92. The applicant shall submit plans and construction documents for plan check review and
approval from the Building Official, in accordance with the currently adopted set of
Building and Fire Codes, and pay any applicable fees. Upon plan check approval,
applicant shall pay any applicable permit issuance fees.
93. A precise fuel modification plan for specific lots shall be submitted consistent with the
final landscape and irrigation plans for review and approval by the Fire Chief. The plan
shall include the following information: a list of fire resistant plants to be selected from
the Fire Department List or as approved by the Fire Chief; Irrigation plans; and precise
delineation of each fuel modification zone. The fuel modification requirements are
based upon the assumption that the modification fuel will be the only combustible
vegetation in the zones. If, in the opinion of the Fire Chief, native plants or trees pose
an increased fire risk to the development, such measures shall be taken to achieve an
equivalent level if fire safety. Such measures may include, but are not limited to:
19 -
thinning of tree canopies; increasing the fire resistance of the construction; and
extending the fuel modification zone.
94. Buildings or structures hereafter erected, constructed, or moved within or into the High
Hazard area shall comply with the requirements of this section (OMC 15.36.020).
There is established the Climatic and Topographic High Hazard Fire Zone. Within this
zone:
a. Roof coverings shall be a Fire-Retardant, Class A as specified in subdivisions
1 through 4, and 6 through 10 of section 3202 (e). Fire-retardant roofs shall
be fire stopped and enclosed with approved material at the eave ends to preclude
entry of flame or embers under the
roofing material.b. Under floor Areas. Building or structures shall have all under floor
areas enclosed to the ground with construction as required or
exterior walls.c. Utilities, pipes, furnaces, water heaters, or other mechanical devices located
in an exposed under floor area of a building or structure shall be enclosed
one-hour fire-resistive construction. Adequate covered access-
openings for servicing such utilities shall be provided as
required by appropriate codes.d. Openings into attics, floors, or other enclosed areas shall
be covered with corrosion-resistant wire mesh not less than one-fourth inch (1/4")
nor more than one-half inch 1/2") in any dimension except where such
openings are equipped with sash or doors. Chimneys shall have spark
arrestors
of maximum one-half inch (112")screen.95. All roof coverings installed on any new or
existing building or structure shall be
fire retardant D.L. listed Class A.96. The fuel modification zones shall be
thinned per the respective zone requirements prior to any combustible construction materials being
moved onto that portion of the
site where combustible construction will take place.97. The applicant shall submit to the Fire Chief
evidence of the on-site fire hydrant system and indicate whether or not it is public or
private. Water shall be delivered to the site
prior to combustible materials delivered to the site.98. A Fire Department
approved temporary or permanent access
roadway shall be completed prior to dropping lumber.99. The applicant shall pay all applicable fire
plan check and inspection fees
or as outlined in Development Agreement No. 4791.100. Development impact fees shall be
paid, including Fire Facility and Police Facility, in accordance with the most
current schedule
or as outlined in Development Agreement No. 4791.101. The applicant shall pay
all applicable development fees to other public agencies providing services to the tract map
or as
102. The fire sprinkler system shall be designed per NFP A 13, UBC Chapter 9 and UBC
Standards 9-1 and 9-2. This system requirement also applies to
all single-family detached dwellings within the tract that shall require a fire sprinkler system
as shown on the final fuel modification
fire master plan.103. The applicant shall pay school district impact fees, unless a notice
from Orange Unified School District is provided that fees have been satisfied through
an approved
school mitigation agreement.104. The applicant shall provide to the Director of Community
Services documentation that provisions related to parkland dedication have been satisfied
through either dedication and improvement of parkland, or payment of fees or as
outlined in Development
Agreement No. 4791.105. The applicant shall contribute a fair share cost to the
improvements at Canon Street/Santiago Canyon Road and Prospect Street/Chapman Avenue or
as outlined in Development
Agreement No. 4791.106. Prior to the issuance of the 150th building permit with EOPC Area 2,
the applicant shall widen Santiago Canyon Road to four lanes in the segment
between the eastern boundary of EOPC Area 1 and the westerly access of EOPC Area 2
in accordance with the requirements of Development
Agreement No. 4791.107. Contribute to the relocation of the State Route 241 Southbound
Santiago Canyon Road On-Ramp in accordance with the requirements outlined
in
Development Agreement No.4791.108. Transportation fees shall be paid, including
the Transportation System Improvement Program (TSIP) and Foothill/Eastern Bridge and Thoroughfare fees
or as outlined in
Development Agreement No. 4791.109. A final acoustical report shall be prepared and approved by the
City of Orange, showing that dwelling units have been sound attenuated for
interior and exterior standards.Evidence prepared by a state certified acoustical consultant shall
be submitted to the Building Official describing the acoustical design features of
the structures required to satisfy the exterior and interior noise standards and
that sound attenuation measures have been incorporated into the design of the Project. The
applicant shall show all freestanding acoustical barriers on the Project's plot
plan illustrating height, location,and construction in a manner meeting the approval
of the Building Official.110. The applicant shall coordinate with the City's solid waste
provider for location
and design of
111. The applicant shall apply measures to reduce the amount of construction-
generated waste by preparing a construction waste reduction plan prior to construction.
The applicant shall coordinate with the City of Orange recycling coordinator in
the preparation of the recycling plan and the Community Development Director
shall approve the
plan.112. The applicant shall prepare a notice statement about the development potential of
the parcel and a map denoting the existing and proposed land uses, arterial highways,
and public facilities including storm drains/water quality facilities within the
surrounding area. Said statement and map shall be submitted for approval of the Planning
Manager and presented to each new property owner as a Buyer Notification Program as part
of the sales
documents.E. The following conditions shall be satisfied prior to issuance of Certificates
of Occupancy for residential buildings within this tract
boundary:113. Certification shall be filed with the City of Orange Public Works that all final grading
is in compliance with the approved grading plan and City standards, to the satisfaction
of the Public Works
Director.114. Certification shall be filed from the Landscape Architect of record that
final landscaping was completed in compliance with approved landscape and irrigation
plan.City of Orange Planning Staff shall inspect and approve the landscape prior to
release.115. The fuel modification plan shall be completely installed onto that portion of the
site where combustible construction will take place and approved by the Fire
Chief.116. The fuel modification requirements shall be maintained permanently. A copy of the
fire master plan, including a complete set of all fuel modification documentation shall
be provided to the HOA. All homeowners purchasing property impacted by the fire
master plan, including properties containing fuel modification within the property
boundaries or buildings constructed with an increased level of fire resistance per the fire
master plan, shall receive a copy of the fire master plan and all fuel
modification
documentation.117. All fire hydrants shall have a blue reflective pavement marker indicating the
fire hydrant location on the street or drive per the City of Orange Standard as approved
by the Fire
Chief.118. All applicable mitigation measures as detailed in the Mitigation Monitoring
Program have been completed to the satisfaction of the City of
Orange.119. All applicable provisions of the Development Agreement shall be completed to
the satisfaction of the City of
Orange.120. All public improvements and repairs shall be completed to the satisfaction of
the Director of Public
works.22-
121. All applicable fees and exactions shall be paid.
122. The entire Library fee for all dwellings contained within a final map shall be due at the
time of certificate of occupancy for the first dwelling unit within that final map or as
outlined in Development Agreement No. 4791.
123. The applicant shall complete a fire station and provide all necessary equipment and
shall convey such to the City pursuant to the requirements within Development
Agreement No. 4791.
124. The applicant shall conveyor provide an irrevocable offer of dedication of open space
to the County of Orange pursuant to the requirements outlined in Development
Agreement No. 4791 and as specified in the Limestone Canyon Dedication Agreement.
125. The regional trails within this tract map as identified in Development Agreement No.
4791 shall be constructed and offered for dedication to the County of Orange. The local
trail system within this tract map as identified in Development Agreement No. 4791
that will be available to the general public shall be completed and opened to the public.
126. If an entity has been found to operate the area commonly referenced as Augustine
Ranch for the purposes of staging and/or private equestrian facilities, the applicant shall
conveyor establish a long-term lease with such entity prior to the issuance of the
350th Certificate of
Occupancy.127. Any required off-site improvements shown on the final map have been completed
to the satisfaction of the public entity responsible for their inspection and acceptance
of the improvements. This includes water facilities constructed
by IRWD.128. Removal and replacement of native trees shall be completed to the satisfaction
of the City of Orange. In accordance with the final planting plan, the applicant
shall be responsible for monitoring native trees for a five year period
after planting.129. Any requisite private improvements to each individual area of
development, including,but not limited to, fencing, signage, lighting, landscaping, private
recreational facilities,or structures shall be completed to the satisfaction of the City
of Orange.130. Utilities serving the development, such as electric, cable television, street
lighting and communications, shall be installed underground, completed and approved
by the appropriate
utility provider.131. Any utilities or easements constructed to serve the Project or requiring
relocation shall be completed and accepted by the affected agency and the City
of Orange.23 -
ADOPTED this 25th day of March 2008.
ATTEST:
Mary ~. U
I, MARY E. MURPHY, CI y Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly ado~ted by the City Council of the
City of Orange at a regular meeting therefore held on the 25t day of March, 2008, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
a
24-