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RES-10024 Tentative Tract Map 16514 ApprovalI I RESOLUTION NO. 10024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING TENTATIVE TRACT MAP 16514 TO ALLOW THE SUBDIVISION OF 426 ACRES OF LAND FOR A RESIDENTIAL DEVELOPMENT THAT COULD PERMIT UP TO 1,018 DWELLING UNITS, ALONG WITH TWO (2) LOCAL PUBLIC PARK SITES, A 20.1 ACRE COMMUNITY SPORTS PARK SITE AND PERMANENT OPEN SPACE ON PROPERTY LOCATED ON THE EAST SIDE OF SR 241/261, NORTH OF SANTIAGO CANYON ROAD AND SOUTH OF THE NCCP BOUNDARY APPLICANT: THE IRVINE COMPANY WHEREAS, the City Council has authority per Orange Municipal Code Sections 16.12.01O.C and 17.08.020.A to take action on Tentative Tract Map 16514 pertaining to the subdivision of approximately 426 acres for a residential development that includes two local park sites, a 20.1 acre community sports park site and permanent open space; and WHEREAS, Tentative Tract Map 16514 was filed by the applicant in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Tentative Tract Map 16514 was processed in the time and manner prescribed by state and local law; and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Community Development Director analyzed the proposal and determined that the project will have a potentially significant adverse effect on the environment. A Draft Environmental Impact Report (SEIR 1278/DEIR 1716) was prepared and circulated for public review for a period of at least 45 days, from October 20, 2004 through December 6, 2004. The Final Environmental Impact Report for the Santiago Hills II and East Orange Planned Communities and required discretionary permits is complete and adequate for the consideration of the Tentative Tract Map. Resolution 10018 has been passed, approved and adopted by the City Council on November 8, 2005, certifying Final SEIR 1278/Final EIR 1716, SC#1988110905 and adoption ofa Statement of Overriding Considerations and a Mitigation Monitoring Program for the Santiago Hills II and East Orange Planned Communities and all required discretionary permits; and WHEREAS, affected City Departments have reviewed Tentative Tract Map 16514 and submitted conditions related to the subject Department; and WHEREAS, the Planning Commission conducted a public hearing for the SHII/EOPC project on July 18, 2005, continued the item to August 15,2005 and adopted Planning Commission Resolution No. PC 33-05 on August 15, 2005, recommending approval of Tentative Tract Map 16514, subject to conditions; and WHEREAS, the City Council conducted a duly advertised public hearing on September 27, 2005, continued the item to October II, 2005, to October 25, 2005 and again to November 8, 2005, at which time interested persons had an opportunity to testify either in support of or opposition to the proposal and for the purpose of considering Tentative Tract Map 16514, upon property generally described as follows: Being portions of blocks 18 and 39 of Irvine's Subdivision as shown on a map filed in Book I, Page 88 of Miscellaneous Record Maps, together with parcels 3 and 4 of Lot Line Adjustment LL- 2000-4 recorded as instrument No. 20000643926 of Official Records, both in the Office of the County Recorder of Orange County, California. NOW, THEREFORE, BE IT RESOLVED that the City Council approve Tentative Tract Map 16514 to allow subdivision of approximately 426 acres located on the east side of SR 241/261, north of Santiago Canyon Road, and south of the NCCP boundary for a residential development, along with two 2) local park sites, a 20.1 acre community sports park site and permanent open space based on the following findings: SECTION 1 - FINDINGS I. The proposed subdivision map and the design and improvements are consistent with City of Orange General Plan, providing housing for a variety of income groups, promoting quality urban design, recognizing the need to maintain open space resources for aesthetic or conservation purposes, ensuring that adequate infrastructure is in place to serve the proj ect, ensuring that the circulation capacity is not exceeded, coordinating planning efforts with other jurisdictions in the region, conserving plant and animal resources and mineral resources, identifying and mitigating environmental hazards that may exist in the project area, and providing opportunities for active and passive recreational facilities. 2. The proposed subdivision complies with the development standards contained in the approved East Orange Planned Community Development Plan and City's Zoning Ordinance. 3. The proposed residential uses are compatible with existing residential uses located in the vicinity of the subject site. 4. The project is subject to conditions that will preserve the public welfare and insure that the project will not have an adverse impact on adjacent land uses, and local and regional transportation systems. 5. City departments have reviewed the proposed project and found that City services are available and adequate to serve the needs of the proposed use. 6. The proposed subdivision furthers the goals of the City's Housing Element by providing a variety of housing types. 7. The proposed subdivision allows implementation of local and regional recreational opportunities as indicated by the East Orange Planned Community and the Open Space/Conservation Element of the City's General Plan. 8. The proposed subdivision provides for safe and adequate vehicular and pedestrian circulation, both on and off-site. I I 9. The City has considered the contents of Final SEIR 1278/Final EIR 1716 and mitigation measures have been applied to the conditions associated with this Tentative Tract Map. 10. The proposed subdivision furthers the goals of the City's Open Space/Conservation Element by providing sites for local public parks. 11. The site is physically suitable for the type of development and the proposed density of development. 12. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 13. The design of the subdivision or type of improvements are not likely to cause serious public health problems. 14. The design of the subdivision or the 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. 15. A sufficient water supply is available to the project as documented through water supply assessments submitted to the city by affected water districts. 16. In accordance with the requirements oflocal CEQA Guidelines, State CEQA Guidelines and the California Environmental Quality Act, a statement of overriding consideration has been adopted for this project and is shown in Final SEIR 1278/Final EIR 1716. 17. The data and analysis upon which these findings of fact are based are set forth in the staff report and associated documents for Final SEIR No. 1278/Final EIR 1716, General Plan Amendment No. 2003-0001, Pre Zone Change No. 1218 & 1219, ROMPS, Design Guidelines, Tentative Tract Maps 16199,16201 and 16514, Conditional Use Permit 2488-03, and Development Agreement by and between the City of Orange and The Irvine Company, staffs oral presentation, public testimony, and Planning Commissioner comments, and Council comments which constituted the City Council's review of this application. SECTION 2 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval: GENERAL CONDITIONS 1. Approval of this application is for the subdivision of 426 acres into 277 numbered lots and 59 lettered lots, as shown on Maps (dated November 8, 2005), in an area generally located easterly of SR241/261, northerly of Santiago Canyon Road and southerly of the boundary of the NCCP. All subsequent filings shall be in substantial compliance with this approval. 2. This approval constitutes approval of the proposed subdivision only to the extent that the project complies with the City of Orange's Subdivision Ordinance and any other applicable zoning regulations. 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. The term "applicant" shall refer to the person that requests approval of this action or any successor in interest to this approval. 4. 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. 5. Applicant shall defend, indemnity, 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). 6. Applicant shall comply with all mitigation measures and project design features applicable to this tract map as described in final SEIR 1278/EIR 1716 whether or not such requirements are identified herein. 7. Applicant shall comply with the provisions contained within the East Orange Development Agreement applicable to this tract map, whether or not such requirements are identified herein. Timing for the payment of some fees in the approved East Orange Development Agreement may differ from City ordinances. 8. 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 the East Orange Development Agreement applicable to this tract. 9. Approval of this tentative tract map shall not be effective until annexation of the property has been completed. Annexation shall be completed within 24 months after tentative tract map approval or this approval shall be null and void. 10. 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 cornmencing 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. I I 11. Pursuant to Government Code Section 66473.7 (b)(1), a sufficient water supply shall be available to the subdivision. 12. 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 approved under this permit. 13. The concept of Crime Prevention Through Environmental Design shall be incorporated into the project, including structure orientation, and placement, access and visibility of common areas, addressing and landscaping. 14. All residential fencing along common areas, public spaces, 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. 15. Those lots having reduced street frontage flag lot configuration shall have additional illuminated monument addressing at the street. 16. Group or gang mailboxes shall be located in an area having high volume of activity within the respective development. 17. These conditions shall be reprinted on the cover sheet or first page of construction plans, including grading plans. 18. 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. 19. This approval does not provide for gated entrances to private streets. If gated entries are proposed in the future, they shall be designed per the requirements of the Public Works Traffic Division. 20. 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. 21. 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. 22. 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 Section 902.2.2.3. 23. 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. 24. 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. 25. No landscape irrigation system sleeves shall be allowed under public streets unless service to medians is required. 26. Water meters shall be installed on the side of the roadway requiring service for landscaping to eliminate the need for street sleeves. 27. All landscape irrigation sleeves within the public right-of-way street crossing, sidewalks and trails shall be encased in 2-sack slurry. 28. Each building shall be metered separately unless otherwise approved by Irvine Ranch Water District (IRWD). 29. The applicant shall furnish and install remote read meters for all domestic and landscape services of a manufacturer as approved by the Water Division. 30. The applicant shall enter into a Decorative Improvement Agreement with the City prior to approval of the final Public Works system plan. 31. The applicant shall satisfy all water main connection, fees as required by IRWD and all plan check, and inspection charges as determined by the IRWD and the City of Orange Water Division. 32. The applicant shall submit plans for review and approval of all proposed water facilities to the Public Works Division for approval at least fourteen-calendar days prior to construction. 33. The applicant shall pay water and sewer connection fees to Irvine Ranch Water District (IRWD) in accordance with their regulations and available options. I I 34. 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. 35. The applicant shall provide continuous access to the existing bridge over SR 241 when Santiago Canyon Road is realigned. 36. A permanent all-weather access shall be provided to the former Santiago Landfill through Lot GGG, meeting the specifications and criteria of the County of Orange. PRIOR TO RECORDATION OF FINAL MAP 37. 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 ofthe Public Works Director. 38. The applicant shall pay any applicable fees for the processing of the final map, as established at the time the map is filed. 39. 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, redcurbing 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 lOO-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 which shall conform to the adopted regulations of the Irvine Ranch Water District (IRWD), and where applicable, Santiago Canyon Water District. d. Sewer system and appurtenances which shall conform to the IRWD, and if applicable, Santiago Canyon Water District regulations. e. Monumentation shall be set, based on a field survey. f. Undergrounding of utilities. g. Public parkland. h. Public trails and bikeways, including private trail systems that will be open to the general public. 1. 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. J. Improvements to Santiago Canyon Road shall be constructed at the same time as the first phase oftract improvements. k. Santiago Canyon Road shall be designed outside the ultimate widening slope easements of the Eastern Transportation Corridor (SR241/261). I. The medians and the parkways in Street D and Santiago Canyon Road from SR 241/261 to the boundary of the Tentative Tract Mapl6514 shall be landscaped with trees and ground cover (no turf grass) and the median noses under three (3) feet paved with stamped concrete per City standards. 40. 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. 41. If Santiago Canyon Road is annexed to the City of Orange, it shall be designed to City of Orange standards. 42. Codes Covenants and Restrictions (CC & R's) shall be designed and approved by the City for the entire site and address specific responsibilities of the Homeowners Association (HOA). A few specific areas include, 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 ofthese 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. 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. k. Maintenance of open space lots BB, Z, CC, DD, C, D, R, LLL, III, and GGG as native open space. r. Until Caltrans accepts these two lots, maintenance responsibilities for Lots Wand T, located on the southerly side of Santiago Canyon Road. m. A method to distribute the cost of required maintenance in an equitable mauner among the owners of the dwelling units within the subdivision. n. Ownership and maintenance of common slope areas, including down drain and terrace drains. I I o. 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. 43. 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. 44. The CC & R's shall be recorded prior to or at the same time as the first Final Map. 45. The preparation of CC & R's shall include, as applicable, a Master Association and procedures for establishment of sub-associations. 46. 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 park facilities within a development area shall be a maintained as designed and approved in the Development Agreement, 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. 47. 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 and 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. 48. 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. 49. 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 tile 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 Orange. 50. The applicant shall submit "will serve" letters from the applicable water and sewer district. 51. A revised water service agreement between the City of Orange and IRWD shall be approved by the City Council. 52. The applicant shall enter into a water and sewer agreement with Santiago Canyon Water District prior to any Final Map within its District boundaries. 53. The final map shall show all existing water easements owned or under the control of Santiago Canyon Water District. 54. 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. 55. The applicant shall offer to the County of Orange dedication of County Regional Hiking and Riding Trail as shown in the TTM. The applicant or successor HOA shall undertake maintenance of the trail until the County of Orange accepts dedication. 56. The applicant shall offer for dedication in fee to the City of Orange a Community Park site on Lot 278, in accordance with the local subdivision code and consisting of not less than 20.1 acres of creditable local park land. hnprovement plans and timing for improvements to the Community Park shall be governed by the East Orange Development Agreement. Such offer shall be free and clear of money and other encumbrances, liens, leases, fees, easements (recorded or unrecorded), assessments and unpaid taxes except those meeting the approval of the Director of Public Works except for other easements shown on Tentative tract Map 16514. 57. The applicant shall offer for dedication in fee to the City of Orange local park sites on Lots 277 and Lot 279, in accordance with the local subdivision code and consisting of not less than 6.3 acres and 3.9 acres, respectively of creditable local park land. Such offer shall be free and clear of money and other encumbrances, liens, leases, fees, easements (recorded or unrecorded), assessments and unpaid taxes except those meeting the approval of the Director of Public Works except for other easements shown on Tentative tract Map 16514. 58. The applicant shall complete final improvement plans for the two local public parks and receive approval from the City. 59. 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 the Orange County Transit Authority regulations. 60. The surveyor or engineer preparing the 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. 61. 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 I I Management and Preservation Plan prepared for Santiago Hills II completed by Dudek and Associates dated April 19, 2004. 62. The Final Map shall detail all easements, public or private, that will be abandoned, dedicated to the City, created and/or maintained in-place. 63. An easement for vehicular access shall be offered to the County of Orange to the former Santiago Landfill through Lot GGG. 64. The applicant shall furnish access and utility easement to meet IRWD standards to be dedicated to IRWD. 65. The applicant shall receive approval from Caltrans for the acquisition and/or relinquishment of right-of-way on the SR2411261 as shown on the Tentative Tract Map. All easements for the SR/2141261 for slope and drainage shall be shown on the final map, ifany. 66. 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. 67. The applicant shall participate in the applicable Master Plan of Drainage in a manner meeting the approval ofthe City, including payment of fees and the construction of the necessary facilities. 68. 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. 69. Vehicular access rights along Santiago Canyon Road, Chapman Avenue, Jamboree Road and Handy Creek streets shall be dedicated to the City of Orange except at street intersections and access easements as shown on the tract map. 70. The applicant shall construct all public and private streets to City standards, except for specific deviations shown on the tentative tract map and approved by the City. All streets shall meet current American Disabilities Act (ADA) requirements. 71. All sidewalks shall be designed to City of Orange standards. Transverse slope must not exceed 2%. 72. The applicant shall install traffic signals or post surety at the following locations: Santiago Canyon Road/Street "D" (with CCTV capabilities) and Santiago Canyon Road/Lot 278 Community Park access). 73. All underground work necessary to provide for a traffic signal (conduits, pole foundations, etc.) shall be constructed at the intersection of Street "D" and Street "BB"/Lot 273 access. 74. Provided that Caltrans will approve an encroachment permit for the future extension of an interconnection conduit across the SR241/26l interchange within the Caltrans bridges for Chapman Avenue and Santiago Canyon Road and provided that Santiago Canyon Road will be annexed into the City of Orange, the applicant shall provide an underground fiber optic conduit on Chapman Avenue/Santiago Canyon Road between the intersection of SR24l southbound Chapman Avenue off-ramp/Chapman Avenue and the intersection of Santiago Canyon Road/Lot 278 (Community Park access) and northerly along Street "D" from Santiago Canyon Road to the intersection of Street "D" and Street "BB"/Lot 273 access. Provided that Caltrans agrees to interconnect their signals at the Chapman Avenue/Santiago Canyon Road on and off ramps with SR 241/261 with the City of Orange's signal system and Santiago Canyon Road is annexed into the City of Orange, the applicant shall provide an underground fiber optic traffic signal interconnection along Chapman Avenue/Santiago Canyon from the intersection of Chapman Avenue/Street "A" to the intersection of Santiago Canyon Road/Lot 278 (Community Park access) and northerly along Street "D" from Santiago Canyon Road to the intersection of Street D" and Street "BB"/Lot 273 access. This fiber optic interconnection shall be as specified by the Director of Public Works and shall contain all necessary fiber modems and communications hardware, and shall be capable to connect all traffic signals facilities along the route. 75. All existing or new traffic signals that adjoin an equestrian trail shall include an activation device that is located at equestrian height. 76. Dedicate to the City of Orange the right to enter private streets, if applicable, for maintenance of public utilities, emergency access, trash collection, etc. 77. With the exception of Lots Wand T, open space or common lots A through MMM 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. Lots W and T will be conveyed to Caltrans. 78. A Conservation Easement shall be placed over native open space Lots E, G, S, Y, MMM, KKK, and HHH in favor of the City of Orange. Specific wording for the conservation easement shall be approved by the Director of Community Development and the City Attorney. 79. Native open space Lots E, G, S, Y, MMM, KKK, and HHH 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 between the applicant and the City of Orange. 80. The applicant shall prepare a final hydraulic and hydrology report, prepared by a qualified engineer, for review and approval by the Public Works Director. 81. The applicant shall prepare a Water Quality Management Plan (WQMP), subject to review and approval from the Building Official, Planning Manager and Assistant City Engineer. The WQMP shall specifically identify Best Management Practices (BMP) that will be used on-site to I I control predictable pollutant runoff. This WQMP shall identify, at a minimum, the routine, structural, and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP) Appendix which details implementation of BMP's whenever they are applicable to a project, the assigmnent of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc...); and, shall reference the locations of structural BMP's. 82. 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 BMP facilities in their ownership, and shall be incorporated into the CC&R's. 83. The applicant shall prepare a final geotechnical and soils classification report to the satisfaction ofthe Building Official and Public Works Director. 84. The number and location of hydrants shall be submitted to the Fire Department and IRWD for review and approval. 85. 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. 86. The applicant shall prepare a landscaping plan for the review and approval of the Director of Community Development and the Public Works Director. The landscaping plan will utilize the principals detailed in the landscape design chapter of the East Orange Area I Design Guidelines. 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. 87. The landscape plan shall show that open space Lots BB, Z, CC, DD, C, D, R, LLL, III, and GGG that will be disturbed through grading operations shall be relandscaped with a native plant palette that generally matches adjoining protected native open space lots, in keeping with the East Orange Area I Design Guidelines chapter on landscape design. Provisions shall be included to recognize impacts from fuel modification, water quality detention facilities or roadways and trails. 88. The landscape plan shall address offsite grading along the northern side of Santiago Canyon Road and easterly of the eastern boundary of the Tentative Tract Map. Landscaping principles employed on areas graded in conjunction with this tract shall match provisions noted for Santiago Canyon Road in the East Orange Area I landscape design chapter. 89. The landscape plan shall also include Lot Wand Lot T in the plan, and recognize the use of native drought tolerant landscaping, in keeping with the Design Guidelines East Orange Area I chapter on landscape design. 90. 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. 91. An Operations and Maintenance manual shall be prepared for the HOA that details requirements for the ongoing maintenance of native open space areas. 92. 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. PRIOR TO GRADING PERMIT 93. 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. 94. Any soil imported or exported from the Tentative Tract boundaries shall require a separate permit. 95. No grading permit shall be issued until final annexation ofthe 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. 96. During the grading operation, the applicant shall maintain vehicular road access to the former Santiago Landfill, to the satisfaction ofthe County of Orange. 97. The grading plan shall contain provisions to protect in-place native open space lots that will not be disturbed by grading operations. Specific Lots include Lot E, G, S, Y, MMM, KKK, and HHH. 98. The applicant shall pay all applicable fees to cover plan check and inspection services related to grading activities. 99. The grading plan shall detail all of the locations where retaining 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. 100. 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. 101. 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 Notice of Intent from the State Water Resources Control Board shall be required. I I 102. The applicant shall obtain an encroachment permit from Caltrans for any work within their right-of-way. 103. The applicant shall obtain any required grading or encroachment permits from the County of Orange for work required within County owned and operated facilities. 104. The applicant shall prepare a dust control plan for review and approval by the Public Works Director. 105. The applicant shall exercise special care during the construction phase of the project to prevent any off-site siltation. 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, slope erosion control measures and other methods as may be required by the Public Works Director. The applicant shall maintain the temporary basins and erosion control devices until the Public Works Director approves removal of said facilities. 106. 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. 107. If a grading permit is issued prior to recordation of the Final Map, the applicant shall comply with the following conditions: (61) Tree Removal Permit; (66) Drainage Consent Form; (80) Hydraulic and Hydrology Report; (83) Geotechnical and Soils Report; (84) Fire Department Requirements; (92) Noise Report. 108. All manufactured on-site slopes shall not exceed a grade of2:1. 109. All manufactured slopes shall have terrace drains at twenty-five (25) foot intervals per City Standard 333 regardless of slope ratio. 110. The applicant shall provide adequate sight distance at all street intersections, in a manner meeting the approval ofthe Public Works Director. III. 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. 112. The applicant shall implement all provisions and mitigation measures related to archeological and paleontological sites or potential finds. 113. The applicant shall prepare a monitoring plan detailing timing, implementation and responsibility for all conditions of approval, applicable mitigation measures in the final EIR and applicable provisions of the East Orange Development Agreement 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 WEast Orange Planned Communities project Project") shall be timed as set forth in the Traffic Analysis prepared for the Project, the Mitigation Monitoring and Reporting Program for the Project, and the Pre-Annexation Development Agreement. 114. The applicant shall prepare a conceptual Fuel Modification Plan to the satisfaction of the Fire Chief. The plan shall include a minimum twelve (12) foot passage 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 not more than 500 feet apart with locations approved by the Fire Department. The plan shall be prepared in compliance with the City's Fuel Modification Guidelines. PRIOR TO BUILDING PERMIT 115. The final map and CC & R's shall be recorded (model homes excluded). 116. 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. 117. The by-pass storm drain and access road shown on TTM 16201 shall be completed prior to issuance of the first building permit. 118. The applicant shall submit and receive approval for Design Review from the Design Review Committee in accordance with the requirements OMC Chapter 17. 119. A final wall and fencing plan for the entire tract, detailing location, height, and materials for tract walls and fences shall be submitted for review and approval as part of the first Design Review for the tract. Any manual gate secured by a locking device shall have a Knox box with keys inside to the gate's locking mechanism. The Knox box shall be keyed for Police and Fire access. 120. A final landscaping and irrigation plan shall be submitted for review and approval for review and approval by the Planning Division and Public Works. Plants and shrubbery chosen for landscaping around common area fencing or public trails 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 comers and maintain maximum visibility of surrounding area for those using the access. I I 121. As part of the landscaping and irrigation plan, the applicant shall prepare the final planting plan as noted in the April 19, 2004 Dudek and Associates Tree Management and Preservation Plan. The plan shall address the five-year monitoring plan and tree replacement criteria. 122. Prior to the issuance of the first building permit, the applicant shall initiate project development efforts with Caltrans to prepare final plans and specifications for the improvements to Santiago Canyon Road to six lanes between the SR 261 northbound off-ramp to Chapman/Santiago Canyon Road and a new southbound on-ramp onto the SR26l. 123. A precise fuel modification plan shall be submitted 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. 124. 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: a. thinning of tree canopies; b. increasing the fire resistance of the construction; and c. extending the fuel modification zone. 125. 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. 126. 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 (114") 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 (1/2") screen. 127. All roof coverings installed on any new or existing building or structure shall be fire retardant u.L. listed Class A. 128. 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. 129. 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. 130. The Fire Department access roadway shall be an all weather driving surface capable of supporting the imposed loads of fire apparatus, 20,000 per axle. The access shall be designed for a three-axle vehicle (Engine Weight 36,050 lbs and Truck Weight 60,000 Ibs) U.F.C. Section 902.2.2.2. The access road shall be completed prior to dropping lumber. 131. The applicant shall pay all applicable fire plan check and inspection fees. 132. Development impact fees shall be paid, including Fire Facility and Police Facility, III accordance with the most current schedule. 133. The applicant shall pay all applicable development fees to other public agencies providing services to the tract map. 134. 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 plan. 135. 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. 136. 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. 137. Transportation fees shall be paid, including the Transportation System Improvement Program TSIP) and Foothill/Eastern Bridge and Thoroughfare fees. 138. 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. I I 139. A project specific Water Quality Management Plan (WQMP) shall be prepared for each site plan review approval, to the satisfaction of the Director of Public Works and the Planning Manager. The WQMP will address long term BMP's and construction BMP's to control runoff. 140. A lighting plan shall be submitted for review and approval for any exterior lighting of common areas or parking areas. Lighting plan shall be designed to confine all 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. 141. The applicant shall coordinate with the City's solid waste provider for location and design of service. 142. 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. 143. The applicant shall submit construction documentations for plan check review and approval from the Building Official, in accordance with the currently adopted set of Uniform Building and Fire Codes. 144. 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. 145. The applicant shall pay all plan check and building permit fees. PRIOR TO CERTICATE OF OCCUPANCY 146. 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. 147. Certification shall be filed from the Landscape Architect ofrecord 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. 148. 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. 149. 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. I I RESOLUTION NO. 10024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING TENTATIVE TRACT MAP 16514 TO ALLOW THE SUBDIVISION OF 426 ACRES OF LAND FOR A RESIDENTIAL DEVELOPMENT THAT COULD PERMIT UP TO 1,018 DWELLING UNITS, ALONG WITH TWO (2) LOCAL PUBLIC PARK SITES, A 20.1 ACRE COMMUNITY SPORTS PARK SITE AND PERMANENT OPEN SPACE ON PROPERTY LOCATED ON THE EAST SIDE OF SR 241/261, NORTH OF SANTIAGO CANYON ROAD AND SOUTH OF THE NCCP BOUNDARY APPLICANT: THE IRVINE COMPANY WHEREAS, the City Council has authority per Orange Municipal Code Sections 16.12.01O.C and 17.08.020.A to take action on Tentative Tract Map 16514 pertaining to the subdivision of approximately 426 acres for a residential development that includes two local park sites, a 20.1 acre community sports park site and permanent open space; and WHEREAS, Tentative Tract Map 16514 was filed by the applicant in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Tentative Tract Map 16514 was processed in the time and manner prescribed by state and local law; and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Community Development Director analyzed the proposal and determined that the project will have a potentially significant adverse effect on the environment. A Draft Environmental Impact Report (SEIR 1278/DEIR 1716) was prepared and circulated for public review for a period of at least 45 days, from October 20, 2004 through December 6, 2004. The Final Environmental Impact Report for the Santiago Hills II and East Orange Planned Communities and required discretionary permits is complete and adequate for the consideration of the Tentative Tract Map. Resolution 10018 has been passed, approved and adopted by the City Council on November 8, 2005, certifying Final SEIR 1278/Final EIR 1716, SC#1988110905 and adoption ofa Statement of Overriding Considerations and a Mitigation Monitoring Program for the Santiago Hills II and East Orange Planned Communities and all required discretionary permits; and WHEREAS, affected City Departments have reviewed Tentative Tract Map 16514 and submitted conditions related to the subject Department; and WHEREAS, the Planning Commission conducted a public hearing for the SHII/EOPC project on July 18, 2005, continued the item to August 15,2005 and adopted Planning Commission Resolution No. PC 33-05 on August 15, 2005, recommending approval of Tentative Tract Map 16514, subject to conditions; and WHEREAS, the City Council conducted a duly advertised public hearing on September 27, 2005, continued the item to October II, 2005, to October 25, 2005 and again to November 8, 2005, at which time interested persons had an opportunity to testify either in support of or opposition to the proposal and for the purpose of considering Tentative Tract Map 16514, upon property generally described as follows: Being portions of blocks 18 and 39 of Irvine's Subdivision as shown on a map filed in Book I, Page 88 of Miscellaneous Record Maps, together with parcels 3 and 4 of Lot Line Adjustment LL- 2000-4 recorded as instrument No. 20000643926 of Official Records, both in the Office of the County Recorder of Orange County, California. NOW, THEREFORE, BE IT RESOLVED that the City Council approve Tentative Tract Map 16514 to allow subdivision of approximately 426 acres located on the east side of SR 241/261, north of Santiago Canyon Road, and south of the NCCP boundary for a residential development, along with two 2) local park sites, a 20.1 acre community sports park site and permanent open space based on the following findings: SECTION 1 - FINDINGS I. The proposed subdivision map and the design and improvements are consistent with City of Orange General Plan, providing housing for a variety of income groups, promoting quality urban design, recognizing the need to maintain open space resources for aesthetic or conservation purposes, ensuring that adequate infrastructure is in place to serve the proj ect, ensuring that the circulation capacity is not exceeded, coordinating planning efforts with other jurisdictions in the region, conserving plant and animal resources and mineral resources, identifying and mitigating environmental hazards that may exist in the project area, and providing opportunities for active and passive recreational facilities. 2. The proposed subdivision complies with the development standards contained in the approved East Orange Planned Community Development Plan and City's Zoning Ordinance. 3. The proposed residential uses are compatible with existing residential uses located in the vicinity of the subject site. 4. The project is subject to conditions that will preserve the public welfare and insure that the project will not have an adverse impact on adjacent land uses, and local and regional transportation systems. 5. City departments have reviewed the proposed project and found that City services are available and adequate to serve the needs of the proposed use. 6. The proposed subdivision furthers the goals of the City's Housing Element by providing a variety of housing types. 7. The proposed subdivision allows implementation of local and regional recreational opportunities as indicated by the East Orange Planned Community and the Open Space/Conservation Element of the City's General Plan. 8. The proposed subdivision provides for safe and adequate vehicular and pedestrian circulation, both on and off-site. I I 9. The City has considered the contents of Final SEIR 1278/Final EIR 1716 and mitigation measures have been applied to the conditions associated with this Tentative Tract Map. 10. The proposed subdivision furthers the goals of the City's Open Space/Conservation Element by providing sites for local public parks. 11. The site is physically suitable for the type of development and the proposed density of development. 12. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 13. The design of the subdivision or type of improvements are not likely to cause serious public health problems. 14. The design of the subdivision or the 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. 15. A sufficient water supply is available to the project as documented through water supply assessments submitted to the city by affected water districts. 16. In accordance with the requirements oflocal CEQA Guidelines, State CEQA Guidelines and the California Environmental Quality Act, a statement of overriding consideration has been adopted for this project and is shown in Final SEIR 1278/Final EIR 1716. 17. The data and analysis upon which these findings of fact are based are set forth in the staff report and associated documents for Final SEIR No. 1278/Final EIR 1716, General Plan Amendment No. 2003-0001, Pre Zone Change No. 1218 & 1219, ROMPS, Design Guidelines, Tentative Tract Maps 16199,16201 and 16514, Conditional Use Permit 2488-03, and Development Agreement by and between the City of Orange and The Irvine Company, staffs oral presentation, public testimony, and Planning Commissioner comments, and Council comments which constituted the City Council's review of this application. SECTION 2 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval: GENERAL CONDITIONS 1. Approval of this application is for the subdivision of 426 acres into 277 numbered lots and 59 lettered lots, as shown on Maps (dated November 8, 2005), in an area generally located easterly of SR241/261, northerly of Santiago Canyon Road and southerly of the boundary of the NCCP. All subsequent filings shall be in substantial compliance with this approval. 2. This approval constitutes approval of the proposed subdivision only to the extent that the project complies with the City of Orange's Subdivision Ordinance and any other applicable zoning regulations. 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. The term "applicant" shall refer to the person that requests approval of this action or any successor in interest to this approval. 4. 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. 5. Applicant shall defend, indemnity, 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). 6. Applicant shall comply with all mitigation measures and project design features applicable to this tract map as described in final SEIR 1278/EIR 1716 whether or not such requirements are identified herein. 7. Applicant shall comply with the provisions contained within the East Orange Development Agreement applicable to this tract map, whether or not such requirements are identified herein. Timing for the payment of some fees in the approved East Orange Development Agreement may differ from City ordinances. 8. 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 the East Orange Development Agreement applicable to this tract. 9. Approval of this tentative tract map shall not be effective until annexation of the property has been completed. Annexation shall be completed within 24 months after tentative tract map approval or this approval shall be null and void. 10. 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 cornmencing 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. I I 11. Pursuant to Government Code Section 66473.7 (b)(1), a sufficient water supply shall be available to the subdivision. 12. 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 approved under this permit. 13. The concept of Crime Prevention Through Environmental Design shall be incorporated into the project, including structure orientation, and placement, access and visibility of common areas, addressing and landscaping. 14. All residential fencing along common areas, public spaces, 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. 15. Those lots having reduced street frontage flag lot configuration shall have additional illuminated monument addressing at the street. 16. Group or gang mailboxes shall be located in an area having high volume of activity within the respective development. 17. These conditions shall be reprinted on the cover sheet or first page of construction plans, including grading plans. 18. 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. 19. This approval does not provide for gated entrances to private streets. If gated entries are proposed in the future, they shall be designed per the requirements of the Public Works Traffic Division. 20. 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. 21. 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. 22. 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 Section 902.2.2.3. 23. 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. 24. 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. 25. No landscape irrigation system sleeves shall be allowed under public streets unless service to medians is required. 26. Water meters shall be installed on the side of the roadway requiring service for landscaping to eliminate the need for street sleeves. 27. All landscape irrigation sleeves within the public right-of-way street crossing, sidewalks and trails shall be encased in 2-sack slurry. 28. Each building shall be metered separately unless otherwise approved by Irvine Ranch Water District (IRWD). 29. The applicant shall furnish and install remote read meters for all domestic and landscape services of a manufacturer as approved by the Water Division. 30. The applicant shall enter into a Decorative Improvement Agreement with the City prior to approval of the final Public Works system plan. 31. The applicant shall satisfy all water main connection, fees as required by IRWD and all plan check, and inspection charges as determined by the IRWD and the City of Orange Water Division. 32. The applicant shall submit plans for review and approval of all proposed water facilities to the Public Works Division for approval at least fourteen-calendar days prior to construction. 33. The applicant shall pay water and sewer connection fees to Irvine Ranch Water District (IRWD) in accordance with their regulations and available options. I I 34. 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. 35. The applicant shall provide continuous access to the existing bridge over SR 241 when Santiago Canyon Road is realigned. 36. A permanent all-weather access shall be provided to the former Santiago Landfill through Lot GGG, meeting the specifications and criteria of the County of Orange. PRIOR TO RECORDATION OF FINAL MAP 37. 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 ofthe Public Works Director. 38. The applicant shall pay any applicable fees for the processing of the final map, as established at the time the map is filed. 39. 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, redcurbing 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 lOO-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 which shall conform to the adopted regulations of the Irvine Ranch Water District (IRWD), and where applicable, Santiago Canyon Water District. d. Sewer system and appurtenances which shall conform to the IRWD, and if applicable, Santiago Canyon Water District regulations. e. Monumentation shall be set, based on a field survey. f. Undergrounding of utilities. g. Public parkland. h. Public trails and bikeways, including private trail systems that will be open to the general public. 1. 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. J. Improvements to Santiago Canyon Road shall be constructed at the same time as the first phase oftract improvements. k. Santiago Canyon Road shall be designed outside the ultimate widening slope easements of the Eastern Transportation Corridor (SR241/261). I. The medians and the parkways in Street D and Santiago Canyon Road from SR 241/261 to the boundary of the Tentative Tract Mapl6514 shall be landscaped with trees and ground cover (no turf grass) and the median noses under three (3) feet paved with stamped concrete per City standards. 40. 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. 41. If Santiago Canyon Road is annexed to the City of Orange, it shall be designed to City of Orange standards. 42. Codes Covenants and Restrictions (CC & R's) shall be designed and approved by the City for the entire site and address specific responsibilities of the Homeowners Association (HOA). A few specific areas include, 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 ofthese 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. 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. k. Maintenance of open space lots BB, Z, CC, DD, C, D, R, LLL, III, and GGG as native open space. r. Until Caltrans accepts these two lots, maintenance responsibilities for Lots Wand T, located on the southerly side of Santiago Canyon Road. m. A method to distribute the cost of required maintenance in an equitable mauner among the owners of the dwelling units within the subdivision. n. Ownership and maintenance of common slope areas, including down drain and terrace drains. I I o. 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. 43. 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. 44. The CC & R's shall be recorded prior to or at the same time as the first Final Map. 45. The preparation of CC & R's shall include, as applicable, a Master Association and procedures for establishment of sub-associations. 46. 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 park facilities within a development area shall be a maintained as designed and approved in the Development Agreement, 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. 47. 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 and 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. 48. 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. 49. 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 tile 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 Orange. 50. The applicant shall submit "will serve" letters from the applicable water and sewer district. 51. A revised water service agreement between the City of Orange and IRWD shall be approved by the City Council. 52. The applicant shall enter into a water and sewer agreement with Santiago Canyon Water District prior to any Final Map within its District boundaries. 53. The final map shall show all existing water easements owned or under the control of Santiago Canyon Water District. 54. 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. 55. The applicant shall offer to the County of Orange dedication of County Regional Hiking and Riding Trail as shown in the TTM. The applicant or successor HOA shall undertake maintenance of the trail until the County of Orange accepts dedication. 56. The applicant shall offer for dedication in fee to the City of Orange a Community Park site on Lot 278, in accordance with the local subdivision code and consisting of not less than 20.1 acres of creditable local park land. hnprovement plans and timing for improvements to the Community Park shall be governed by the East Orange Development Agreement. Such offer shall be free and clear of money and other encumbrances, liens, leases, fees, easements (recorded or unrecorded), assessments and unpaid taxes except those meeting the approval of the Director of Public Works except for other easements shown on Tentative tract Map 16514. 57. The applicant shall offer for dedication in fee to the City of Orange local park sites on Lots 277 and Lot 279, in accordance with the local subdivision code and consisting of not less than 6.3 acres and 3.9 acres, respectively of creditable local park land. Such offer shall be free and clear of money and other encumbrances, liens, leases, fees, easements (recorded or unrecorded), assessments and unpaid taxes except those meeting the approval of the Director of Public Works except for other easements shown on Tentative tract Map 16514. 58. The applicant shall complete final improvement plans for the two local public parks and receive approval from the City. 59. 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 the Orange County Transit Authority regulations. 60. The surveyor or engineer preparing the 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. 61. 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 I I Management and Preservation Plan prepared for Santiago Hills II completed by Dudek and Associates dated April 19, 2004. 62. The Final Map shall detail all easements, public or private, that will be abandoned, dedicated to the City, created and/or maintained in-place. 63. An easement for vehicular access shall be offered to the County of Orange to the former Santiago Landfill through Lot GGG. 64. The applicant shall furnish access and utility easement to meet IRWD standards to be dedicated to IRWD. 65. The applicant shall receive approval from Caltrans for the acquisition and/or relinquishment of right-of-way on the SR2411261 as shown on the Tentative Tract Map. All easements for the SR/2141261 for slope and drainage shall be shown on the final map, ifany. 66. 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. 67. The applicant shall participate in the applicable Master Plan of Drainage in a manner meeting the approval ofthe City, including payment of fees and the construction of the necessary facilities. 68. 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. 69. Vehicular access rights along Santiago Canyon Road, Chapman Avenue, Jamboree Road and Handy Creek streets shall be dedicated to the City of Orange except at street intersections and access easements as shown on the tract map. 70. The applicant shall construct all public and private streets to City standards, except for specific deviations shown on the tentative tract map and approved by the City. All streets shall meet current American Disabilities Act (ADA) requirements. 71. All sidewalks shall be designed to City of Orange standards. Transverse slope must not exceed 2%. 72. The applicant shall install traffic signals or post surety at the following locations: Santiago Canyon Road/Street "D" (with CCTV capabilities) and Santiago Canyon Road/Lot 278 Community Park access). 73. All underground work necessary to provide for a traffic signal (conduits, pole foundations, etc.) shall be constructed at the intersection of Street "D" and Street "BB"/Lot 273 access. 74. Provided that Caltrans will approve an encroachment permit for the future extension of an interconnection conduit across the SR241/26l interchange within the Caltrans bridges for Chapman Avenue and Santiago Canyon Road and provided that Santiago Canyon Road will be annexed into the City of Orange, the applicant shall provide an underground fiber optic conduit on Chapman Avenue/Santiago Canyon Road between the intersection of SR24l southbound Chapman Avenue off-ramp/Chapman Avenue and the intersection of Santiago Canyon Road/Lot 278 (Community Park access) and northerly along Street "D" from Santiago Canyon Road to the intersection of Street "D" and Street "BB"/Lot 273 access. Provided that Caltrans agrees to interconnect their signals at the Chapman Avenue/Santiago Canyon Road on and off ramps with SR 241/261 with the City of Orange's signal system and Santiago Canyon Road is annexed into the City of Orange, the applicant shall provide an underground fiber optic traffic signal interconnection along Chapman Avenue/Santiago Canyon from the intersection of Chapman Avenue/Street "A" to the intersection of Santiago Canyon Road/Lot 278 (Community Park access) and northerly along Street "D" from Santiago Canyon Road to the intersection of Street D" and Street "BB"/Lot 273 access. This fiber optic interconnection shall be as specified by the Director of Public Works and shall contain all necessary fiber modems and communications hardware, and shall be capable to connect all traffic signals facilities along the route. 75. All existing or new traffic signals that adjoin an equestrian trail shall include an activation device that is located at equestrian height. 76. Dedicate to the City of Orange the right to enter private streets, if applicable, for maintenance of public utilities, emergency access, trash collection, etc. 77. With the exception of Lots Wand T, open space or common lots A through MMM 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. Lots W and T will be conveyed to Caltrans. 78. A Conservation Easement shall be placed over native open space Lots E, G, S, Y, MMM, KKK, and HHH in favor of the City of Orange. Specific wording for the conservation easement shall be approved by the Director of Community Development and the City Attorney. 79. Native open space Lots E, G, S, Y, MMM, KKK, and HHH 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 between the applicant and the City of Orange. 80. The applicant shall prepare a final hydraulic and hydrology report, prepared by a qualified engineer, for review and approval by the Public Works Director. 81. The applicant shall prepare a Water Quality Management Plan (WQMP), subject to review and approval from the Building Official, Planning Manager and Assistant City Engineer. The WQMP shall specifically identify Best Management Practices (BMP) that will be used on-site to I I control predictable pollutant runoff. This WQMP shall identify, at a minimum, the routine, structural, and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP) Appendix which details implementation of BMP's whenever they are applicable to a project, the assigmnent of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc...); and, shall reference the locations of structural BMP's. 82. 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 BMP facilities in their ownership, and shall be incorporated into the CC&R's. 83. The applicant shall prepare a final geotechnical and soils classification report to the satisfaction ofthe Building Official and Public Works Director. 84. The number and location of hydrants shall be submitted to the Fire Department and IRWD for review and approval. 85. 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. 86. The applicant shall prepare a landscaping plan for the review and approval of the Director of Community Development and the Public Works Director. The landscaping plan will utilize the principals detailed in the landscape design chapter of the East Orange Area I Design Guidelines. 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. 87. The landscape plan shall show that open space Lots BB, Z, CC, DD, C, D, R, LLL, III, and GGG that will be disturbed through grading operations shall be relandscaped with a native plant palette that generally matches adjoining protected native open space lots, in keeping with the East Orange Area I Design Guidelines chapter on landscape design. Provisions shall be included to recognize impacts from fuel modification, water quality detention facilities or roadways and trails. 88. The landscape plan shall address offsite grading along the northern side of Santiago Canyon Road and easterly of the eastern boundary of the Tentative Tract Map. Landscaping principles employed on areas graded in conjunction with this tract shall match provisions noted for Santiago Canyon Road in the East Orange Area I landscape design chapter. 89. The landscape plan shall also include Lot Wand Lot T in the plan, and recognize the use of native drought tolerant landscaping, in keeping with the Design Guidelines East Orange Area I chapter on landscape design. 90. 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. 91. An Operations and Maintenance manual shall be prepared for the HOA that details requirements for the ongoing maintenance of native open space areas. 92. 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. PRIOR TO GRADING PERMIT 93. 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. 94. Any soil imported or exported from the Tentative Tract boundaries shall require a separate permit. 95. No grading permit shall be issued until final annexation ofthe 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. 96. During the grading operation, the applicant shall maintain vehicular road access to the former Santiago Landfill, to the satisfaction ofthe County of Orange. 97. The grading plan shall contain provisions to protect in-place native open space lots that will not be disturbed by grading operations. Specific Lots include Lot E, G, S, Y, MMM, KKK, and HHH. 98. The applicant shall pay all applicable fees to cover plan check and inspection services related to grading activities. 99. The grading plan shall detail all of the locations where retaining 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. 100. 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. 101. 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 Notice of Intent from the State Water Resources Control Board shall be required. I I 102. The applicant shall obtain an encroachment permit from Caltrans for any work within their right-of-way. 103. The applicant shall obtain any required grading or encroachment permits from the County of Orange for work required within County owned and operated facilities. 104. The applicant shall prepare a dust control plan for review and approval by the Public Works Director. 105. The applicant shall exercise special care during the construction phase of the project to prevent any off-site siltation. 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, slope erosion control measures and other methods as may be required by the Public Works Director. The applicant shall maintain the temporary basins and erosion control devices until the Public Works Director approves removal of said facilities. 106. 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. 107. If a grading permit is issued prior to recordation of the Final Map, the applicant shall comply with the following conditions: (61) Tree Removal Permit; (66) Drainage Consent Form; (80) Hydraulic and Hydrology Report; (83) Geotechnical and Soils Report; (84) Fire Department Requirements; (92) Noise Report. 108. All manufactured on-site slopes shall not exceed a grade of2:1. 109. All manufactured slopes shall have terrace drains at twenty-five (25) foot intervals per City Standard 333 regardless of slope ratio. 110. The applicant shall provide adequate sight distance at all street intersections, in a manner meeting the approval ofthe Public Works Director. III. 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. 112. The applicant shall implement all provisions and mitigation measures related to archeological and paleontological sites or potential finds. 113. The applicant shall prepare a monitoring plan detailing timing, implementation and responsibility for all conditions of approval, applicable mitigation measures in the final EIR and applicable provisions of the East Orange Development Agreement 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 WEast Orange Planned Communities project Project") shall be timed as set forth in the Traffic Analysis prepared for the Project, the Mitigation Monitoring and Reporting Program for the Project, and the Pre-Annexation Development Agreement. 114. The applicant shall prepare a conceptual Fuel Modification Plan to the satisfaction of the Fire Chief. The plan shall include a minimum twelve (12) foot passage 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 not more than 500 feet apart with locations approved by the Fire Department. The plan shall be prepared in compliance with the City's Fuel Modification Guidelines. PRIOR TO BUILDING PERMIT 115. The final map and CC & R's shall be recorded (model homes excluded). 116. 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. 117. The by-pass storm drain and access road shown on TTM 16201 shall be completed prior to issuance of the first building permit. 118. The applicant shall submit and receive approval for Design Review from the Design Review Committee in accordance with the requirements OMC Chapter 17. 119. A final wall and fencing plan for the entire tract, detailing location, height, and materials for tract walls and fences shall be submitted for review and approval as part of the first Design Review for the tract. Any manual gate secured by a locking device shall have a Knox box with keys inside to the gate's locking mechanism. The Knox box shall be keyed for Police and Fire access. 120. A final landscaping and irrigation plan shall be submitted for review and approval for review and approval by the Planning Division and Public Works. Plants and shrubbery chosen for landscaping around common area fencing or public trails 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 comers and maintain maximum visibility of surrounding area for those using the access. I I 121. As part of the landscaping and irrigation plan, the applicant shall prepare the final planting plan as noted in the April 19, 2004 Dudek and Associates Tree Management and Preservation Plan. The plan shall address the five-year monitoring plan and tree replacement criteria. 122. Prior to the issuance of the first building permit, the applicant shall initiate project development efforts with Caltrans to prepare final plans and specifications for the improvements to Santiago Canyon Road to six lanes between the SR 261 northbound off-ramp to Chapman/Santiago Canyon Road and a new southbound on-ramp onto the SR26l. 123. A precise fuel modification plan shall be submitted 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. 124. 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: a. thinning of tree canopies; b. increasing the fire resistance of the construction; and c. extending the fuel modification zone. 125. 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. 126. 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 (114") 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 (1/2") screen. 127. All roof coverings installed on any new or existing building or structure shall be fire retardant u.L. listed Class A. 128. 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. 129. 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. 130. The Fire Department access roadway shall be an all weather driving surface capable of supporting the imposed loads of fire apparatus, 20,000 per axle. The access shall be designed for a three-axle vehicle (Engine Weight 36,050 lbs and Truck Weight 60,000 Ibs) U.F.C. Section 902.2.2.2. The access road shall be completed prior to dropping lumber. 131. The applicant shall pay all applicable fire plan check and inspection fees. 132. Development impact fees shall be paid, including Fire Facility and Police Facility, III accordance with the most current schedule. 133. The applicant shall pay all applicable development fees to other public agencies providing services to the tract map. 134. 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 plan. 135. 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. 136. 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. 137. Transportation fees shall be paid, including the Transportation System Improvement Program TSIP) and Foothill/Eastern Bridge and Thoroughfare fees. 138. 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. I I 139. A project specific Water Quality Management Plan (WQMP) shall be prepared for each site plan review approval, to the satisfaction of the Director of Public Works and the Planning Manager. The WQMP will address long term BMP's and construction BMP's to control runoff. 140. A lighting plan shall be submitted for review and approval for any exterior lighting of common areas or parking areas. Lighting plan shall be designed to confine all 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. 141. The applicant shall coordinate with the City's solid waste provider for location and design of service. 142. 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. 143. The applicant shall submit construction documentations for plan check review and approval from the Building Official, in accordance with the currently adopted set of Uniform Building and Fire Codes. 144. 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. 145. The applicant shall pay all plan check and building permit fees. PRIOR TO CERTICATE OF OCCUPANCY 146. 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. 147. Certification shall be filed from the Landscape Architect ofrecord 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. 148. 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. 149. 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. 150. The applicant shall construct traffic signals, to the satisfaction of the Director of Public Works at the following locations: a. Santiago Canyon Road/Street "D" (with CCTV capabilities) b. Santiago Canyon RoadILot 278 (Park) Access 151. Traffic signal improvements include any required improvements of fiber optic traffic signal interconnections, traffic signal interconnection conduit, and any requisite upgrades to existing traffic signals. 152. All identified underground work necessary to provide for a traffic signal shall be completed at the intersection of Street "D" and Street "BB"/Lot 273 access. Funding sufficient to construct the remainder of the traffic signal shall be deposited with the Public Works Department prior to the issuance of any use and occupancy permit for Lot 273. 153. All applicable mitigation measures as detailed in the Mitigation Monitoring Program have been completed to the satisfaction of the City of Orange. 154. All applicable provisions of the Development Agreement shall be completed to the satisfaction of the City of Orange. 155. All public improvements and repairs shall be completed to the satisfaction of the Director of Public works. 156. The Street D overpass shall be completed and accepted by the City of Orange prior to the first Certificate of Occupancy for any residential unit. In this instance, model homes shall not be counted as the first certificate of occupancy. 157. All applicable fees and exactions shall be paid. 158. 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. The East Orange Development Agreement may affect timing for payment of fees. 159. The local parks on Lot 277 and Lot 279 shall be completed prior to the 600th certificate of occupancy for Tentative Tract Map 16514. If the park is completed prior to this point, there is no specific obligation on the part of the City of Orange to accept dedication or maintain the park prior to 600th certificate of occupancy. 160. The regional trails identified in the Development Agreement shall be constructed and offered for dedication to the County of Orange prior to issuance of the certificate of occupancy for the 600th dwelling unit for Tentative Tract Map 16514. The local trail system identified in the Development Agreement that will be available to the general public shall be completed and opened to the public prior to the issuance of the certificate of occupancy for the 600th dwelling unit. 161. Any required off-site improvements shown on the Tract Map have been completed to the satisfaction of the public entity responsible for their inspection and acceptance of the improvements. This includes both improvements to Caltrans facilities and water facilities constructed by either IR WD or Santiago County Water District. 150. The applicant shall construct traffic signals, to the satisfaction of the Director of Public Works at the following locations: a. Santiago Canyon Road/Street "D" (with CCTV capabilities) b. Santiago Canyon RoadILot 278 (Park) Access 151. Traffic signal improvements include any required improvements of fiber optic traffic signal interconnections, traffic signal interconnection conduit, and any requisite upgrades to existing traffic signals. 152. All identified underground work necessary to provide for a traffic signal shall be completed at the intersection of Street "D" and Street "BB"/Lot 273 access. Funding sufficient to construct the remainder of the traffic signal shall be deposited with the Public Works Department prior to the issuance of any use and occupancy permit for Lot 273. 153. All applicable mitigation measures as detailed in the Mitigation Monitoring Program have been completed to the satisfaction of the City of Orange. 154. All applicable provisions of the Development Agreement shall be completed to the satisfaction of the City of Orange. 155. All public improvements and repairs shall be completed to the satisfaction of the Director of Public works. 156. The Street D overpass shall be completed and accepted by the City of Orange prior to the first Certificate of Occupancy for any residential unit. In this instance, model homes shall not be counted as the first certificate of occupancy. 157. All applicable fees and exactions shall be paid. 158. 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. The East Orange Development Agreement may affect timing for payment of fees. 159. The local parks on Lot 277 and Lot 279 shall be completed prior to the 600th certificate of occupancy for Tentative Tract Map 16514. If the park is completed prior to this point, there is no specific obligation on the part of the City of Orange to accept dedication or maintain the park prior to 600th certificate of occupancy. 160. The regional trails identified in the Development Agreement shall be constructed and offered for dedication to the County of Orange prior to issuance of the certificate of occupancy for the 600th dwelling unit for Tentative Tract Map 16514. The local trail system identified in the Development Agreement that will be available to the general public shall be completed and opened to the public prior to the issuance of the certificate of occupancy for the 600th dwelling unit. 161. Any required off-site improvements shown on the Tract Map have been completed to the satisfaction of the public entity responsible for their inspection and acceptance of the improvements. This includes both improvements to Caltrans facilities and water facilities constructed by either IR WD or Santiago County Water District. I I 162. The Master HOA shall be responsible for maintenance of SR 261 landscaping for a period of five (5) years after completion of installation of landscaping. After the five (5) year period, maintenance of the slope areas shall transfer to Caltrans. 163. 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. 164. 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. 165. 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. 166. 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. ADOPTED this 8th day of November, 2005. r:1M ATTEST: I, MARY E. MURPHY, City erk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and re~ular1y adopted by the City Council of the City of Orange at a regular meeting therefore held on the 8' day of November, 2005, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Mary E.ity Clerk, Cit