HomeMy WebLinkAboutCC RES 12-94RESOLUTION NO. 12 -94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING CONCEPT PLAN
(CP) 2012 -003, DESIGN REVIEW (DR) 2012 -005,
DENSITY TRANSFER, DENSITY BONUS, AND
CONCESSIONS OR INCENTIVES AUTHORIZED UNDER
TUSTIN CITY CODE SECTION 9123 RELATED TO THE
PROVISION OF AFFORDABLE HOUSING UNITS IN
COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65915(1) FOR PROPOSED DEVELOPMENT
OF TUSTIN LEGACY DISPOSITION PACKAGE 1A-
NORTH — 225 AFFORDABLE MULTI - FAMILY
RESIDENTIAL APARTMENT HOMES. (ST. ANTON
PARTNERS, LLC).
The City Council of the City of Tustin does hereby resolve as follows:
1. The City Council finds and determines as follows:
A. That in 2010, the Tustin City Council approved the "Tustin Legacy
Disposition Strategy for the Former Master Developer Footprint" for
I M11" 711131111 Neighborhoods B, D, E, and G, including Disposition Package 1A-
North within Planning Area 15 of Neighborhood G.
B. Pursuant to an extensive developer selection process, St. Anton
Partners was selected to develop the site and on June 19, 2012, an
Exclusive Negotiation Agreement (ENA) was executed by The Irvine
Company for St. Anton Partners.
C. That St. Anton Partners and City of Tustin have completed and
desire to enter into Disposition and Development Agreement 2012-
002, and St. Anton Partners has submitted a proper application for
CP 2012 -003, DR 2012 -005, Density Transfer, and Density Bonus
requesting authorization to develop 225 affordable residential
apartment housing units in compliance with California Government
Code Section 65915(1) required for the proposed development of
Tustin Legacy Disposition Package 1A- North, to be implemented by
St. Anton Partners or its affiliate as may be approved by the City of
Tustin.
D. That the site is zoned as Planning Area 15, Community Residential,
Neighborhood G in the MCAS Tustin Specific Plan (SP -1); and
designated MCAS Tustin (MCAS) by the Tustin General Plan. In
addition, the project has been reviewed for consistency with the Air
Resolution 12 -94
Page 1 of 6
Quality Sub-element of the City of Tustin General Plan and has
Continuity and adequacy of all circulation systems, such as
been determined to be consistent with the Air Quality Sub-element.
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roads, access points, trails, pedestrian ways, and other
E. That MCAS Tustin Specific Plan Section 4.22A requires the
infrastructure systems needed to serve the project;
submission of a Concept Plan prior to or concurrent with the
2.
submission of a new development proposal within Planning Area 15.
The project has been found to comply with the requirements of the
proposed, as well as landscape and hardscape theme and
MCAS Tustin Specific Plan (except as authorized by any approved
Concessions and Incentives). After consideration of the proposed
project, the Tustin City Council has determined that the proposed
Satisfactory response to the urban design features specified in
project complies with the following MCAS Tustin Specific Plan
Concept Plan review criteria. Specifically, the proposed project
depicts:
proposed project is not changing master planned circulation,
1.
Continuity and adequacy of all circulation systems, such as
roads, access points, trails, pedestrian ways, and other
infrastructure systems needed to serve the project;
2.
Continuity and design quality of architecture and renovations
proposed, as well as landscape and hardscape theme and
treatments;
3.
Satisfactory response to the urban design features specified in
Chapter 2 and under each Planning Area in Chapter 3 (Note: the
proposed project is not changing master planned circulation,
utility, traffic and related assumptions provided in Chapter 2 of
the MCAS Tustin Specific Plan. No specific design features are
provided for multi-family developments in Chapter 3);
4.
Conformity with the Non-Residential Land Use/Trip Budget,
including authorized adjustments (Note: this criteria is not
applicable since the project is a multi-family residential use); and,
5.
Compliance with other Specific Plan provisions (Note: project
compliance with MCAS Tustin development requirements is
documented within the November 6, 2012 staff report provided to
the Tustin City Council, (except as authorized by any approved
Concessions and Incentives)).
F. That MCAS Tustin Specific Plan Section 4.2.4 requires the
submission of a Design Review application following or concurrently
with submittal of a concept plan, individual development and reuse
projects within Planning Area 15. After consideration of the proposed
project, the Tustin City Council has determined that the proposed
project's design satisfies the following general architectural and site
design principles in that:
1. The buildings define and relate to the street edge, with 01
architecture to face the streets.
2. The buildings interface with adjacent residential uses.
Resolution 12-94
Page 2 of 6
3. The architecture is technically sophisticated in detailing.
4. There is a rich palette of natural materials and textures.
5. The architecture proposes visually interesting fagade treatments
with distinctive architectural elements and design details.
6. The project utilizes varied setbacks, projections, roof lines,
windows and reveals, and elements that minimize the impact of
the building mass.
7. The buildings are designed with traditional forms, accented by
unique architectural shapes and details.
8. The buildings reflect high quality design through the
incorporation of coordinated architecture utilizing elements,
materials, and colors that complement the relaxed, informal
style.
9. The buildings incorporate smaller-scale architectural details such
as porches, bays, recessed or projecting balconies, and dormers
to visually reduce the height and scale of the building.
10. The buildings utilize varied building heights.
11. Building fagade articulation is implemented.
In addition, the proposed project's location, size, architectural
features and general appearance will not impair the orderly and
harmonious development of the area, the present or future
development therein, the occupancy thereof, or the community as a
whole, based upon a consideration of the following criteria:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and television
antennas.
7. Landscaping, parking area design and traffic circulation.
8. Location, height and standards of exterior illumination.
9. Location and appearance of equipment located outside of an
enclosed structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing structures
in the neighborhood.
12.Appearance and design relationship of proposed structures to
existing structures and possible future structures in the
neighborhood and public thoroughfares.
13. Proposed signing (to be submitted for staff review following
project approval)
14. Development guidelines and criteria as may be adopted by the
City Council.
Resolution 12-94
Page 3 of 6
Also, the project applicant has proposed community gates for the M11-1111
project. After consideration of the proposed project, the Tustin City
Council has determined that the proposed use of gates at the project
is supportable since the project is of a higher density, is in close
proximity to the park, is surrounded by streets on all sides, and will
not impact the parking demand, usage, or the vehicular circulation
on the site.
G. That MCAS Tustin Specific Plan Section 3.2.3 permits the transfer of
residential units (density transfer) between parcels subject to review
and approval. After consideration of the proposed project, the Tustin
City Council has determined that the requested Density Transfer is an
innovative approach to providing a significant number of affordable
units at Tustin Legacy with the requirement that St. Anton Partners
and The Irvine Company enter into an Affordable Housing/Regulatory
Agreement with the City of Tustin to ensure availability of the 225 and
37 affordable apartment units (respectively) for 55 years.
H. That Tustin City Code Section 9141(b) authorizes the submission of
an application for a Density Bonus and/or Concession or Incentive to
be processed concurrently with any other permit application(s) which
require entitlements. The City must support density bonus requests,
concessions or incentives when projects provide affordable housing K-1111-11-111-11
units in compliance with California Government Code Section
65915(1), as authorized under Tustin City Code Section 9123. St.
Anton Partners has requested City Council approval of the requested
Density Bonus, Concessions and Incentives, including:
Parking
Authorization to:
1. Provide 434 parking spaces on site instead of
the 467 spaces required by the MCAS Tustin
Specific Plan.
2. Utilize 88 compact spaces when compact
parking is not allowed within the MCAS Tustin
Specific Plan.
3. Authorize 225 covered parking spaces instead
of the 372 carports and garages required by the
code.
Common
Authorization to provide 87,822 square feet of
Open Space
common open space instead of the 90,000 square
feet required by the MCAS Tustin Specific Plan.
Note: the developer is being required to improve the
adjacent 4.706 acre site for use as a public park
(204,993 square feet of common open space) which
should be considered a part of the project).
Resolution 12-94
Page 4 of 6
MEN
11 01711
Setbacks
Authorization to
allow proposed
buildings and
structures to encroach 4-12 feet into the MCAS
Tustin Specific
Plan required 30
foot building
setback.
Building
Authorization to
exceed the 45
foot maximum
Height
building height
for Planning Area
15 with one
structure that is 62 feet in height.
That on October 9, 2012, the Tustin Planning Commission held a
duly called, noticed, public hearing on the matter and adopted
Resolution No. 4205 recommending that the Tustin City Council
approve CP 2012-003, DR 2012-005, Density Transfer, and
Density Bonus.
J. That on October 16, 2012, the Tustin City Council continued the
matter to an adjourned regular meeting on October 30, 2012.
K. That on October 30, 2012, the Tustin City Council continued the
matter to a regular meeting on November 6, 2012.
L. That a public hearing was duly noticed, called, and held on
November 6, 2012 by the Tustin City Council.
IN M. That on November 6, 2012, the Tustin City Council adopted
Resolution No. 12-96 finding that the Project is within the scope of
the previously approved MCAS Tustin Final Program EIS/EIR
previously certified on January 16, 2001, as amended by Supplement
and Addendum and that no new effects could occur and no new
mitigation measures would be required and an additional
environmental analysis, action or document is not required by the
CEQA. The City has alternatively determined that the proposed
project is exempt from further CEQA review pursuant to Government
Code Section 65457.
The City Council hereby approves CP 2012-003, DR 2012-005, Density
Transfer, and Density Bonus for 225 affordable residential apartment
housing units, at Disposition Package 1A-North, Tustin Legacy, with the
findings noted above and subject to the conditions contained within Exhibit
A attached hereto.
Resolution 12-94
Page 5 of 6
PASSED AND ADOPTED by the City Council of the City of Tustin at an adjourned
regular meeting held on the 6t" day of November, 2012.
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 12-94 was duly
passed and adopted at an adjourned regular meeting of the Tustin City Council, held on
the 6th day of November, 2012, by the following vote:
Nielsen, Murray, Amante, Gavello, Gomez (5)
None (0)
None (0)
None (0)
Resolution 12-94
Page 6 of 6
MEN,:
k
MEN
L
111
EXHIBIT A
RESOLUTION NO. 12-94
DEVELOPMENT AGREEMENT (DA) 2012-002, CONCEPT PLAN (CP) 2012-003,
DESIGN REVIEW (DR) 2012-005, DENSITY TRANSFER, AND DENSITY BONUS,
CONCESSIONS OR INCENTIVES AUTHORIZED UNDER TUSTIN CITY CODE
SECTION 9123 RELATED TO THE PROVISION OF AFFORDABLE HOUSING UNITS
IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65915(1).
GENERAL
1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped November 6, 2012, on file with the
Community Development Department, as herein modified, or as
modified by the Director of Community Development in accordance with
this Exhibit. The Director of Community Development may also approve
subsequent minor modifications to plans during plan check if such
modifications are consistent with provisions of the Tustin City Code.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified, subject to review and approval by the
Community Development Department.
im
(1) 1.3 This approval shall become null and void unless the use is established
within twelve (12) months of the date of this Exhibit. Time extensions
may be granted if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.
(1) 1.4 Approval of DA 2012-002, CP 2012-003, DR 2012-005, Density
Transfer, and Density Bonus, Concessions or Incentives in compliance
with California Government Code Section 65915(1) is contingent upon the
applicant and property owner signing and returning to the Community
Development Department a notarized "Agreement to Conditions Imposed"
form and the property owner signing and recording with the County Clerk-
Recorder a notarized "Notice of Discretionary Permit Approval and
Conditions of Approval" form. The forms shall be established by the
Director of Community Development, and evidence of recordation shall be
provided to the Community Development Department.
(1) 1.5 Ordinance No. 1423 shall be effective.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*** EXCEPTION
Exhibit A
Resolution No. 12-94
DA 2012-002, CP 2012-003, DR 2012-005, Density Transfer, and Density Bonus
Page 2
MEMO
(1) 1.6 Approval of DA 2012-002, CP 2012-003, DR 2012-005, Density
Transfer, and Density Bonus, Concessions or Incentives in compliance
with California Government Code Section 65915(1), including the Housing
Agreement and Regulatory Agreement, may be reviewed on an annual
basis, or more often if necessary, by the Community Development
Director. The Community Development Director shall review the use to
ascertain compliance with conditions of approval. If the use is not operated
in accordance with the approvals affecting the surrounding tenants or
neighborhood, the Community Development Director shall take any action,
or may initiate any proceedings permitted by law to enforce the conditions
of approval or Agreements and covenants associated with this approval.
(1) 1.7 As a condition of approval of DA 2012-002, CP 2012-003, DR 2012-005,
Density Transfer, and Density Bonus, Concessions or Incentives in
compliance with California Government Code Section 65915(1), the
applicant shall agree, at its sole cost and expense, to defend, indemnify,
and hold harmless the City, its officers, employees, agents, and
consultants, from any claim, action, or proceeding brought by a third party
against the City, its officers, agents, and employees, which seeks to
attack, set aside, challenge, void, or annul an approval of the City Council,
the Planning Commission, or any other decision-making body, including rM
staff, concerning this project. The City agrees to promptly notify the
applicant of any such claim or action filed against the City and to fully
cooperate in the defense of any such action. The City may, at its sole cost
and expense, elect to participate in the defense of any such action under
this condition.
(1) 1.8 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney's fees, subject to the
applicable notice, hearing, and appeal process as established by the City
Council by ordinance.
(1) 1.9 At the time of plan check submittal, the applicant shall clearly
demonstrate compliance with all applicable development standards of
the MCAS Tustin Specific Plan and the Tustin City Code on construction
drawings.
(1) 1.10 Unless otherwise specified, the conditions contained in this Exhibit shall
be complied with prior to the issuance of any building permits for the
project, subject to review and approval by the Community Development
Department.
ROOM,
Exhibit A
Resolution No. 12-94
DA 2012-002, CP 2012-003, DR 2012-005, Density Transfer, and Density Bonus
Page 3
USE RESTRICTIONS
(1) 2.1 St. Anton Partners has partnered with The Irvine Company, LLC (a
respondent - developer approved by the City of Tustin to develop 533
apartments within Disposition Package 2A in Planning Area 13,
Neighborhood D of Tustin Legacy) in this effort. The St. Anton/Irvine
Company proposal requests the transfer of 120 of 157 affordable
housing units from Disposition Package 2A to Disposition Package 1A-
North with 120 market rate units to be transferred from Disposition
Package 1A-North to Disposition Package 2A. If the request to transfer
units is approved by the Tustin City Council, Disposition Package 1A-
North would ultimately result in the development of 225 affordable
residential apartment units (88 very low income, 73 low income, and 64
moderate income) and Disposition Package 2A would ultimately result
in the development of 533 residential apartment units, including 37
moderate income units and 496 market rate units. Prior to the issuance
of a first building permit, the applicant (St. Anton) shall enter into a
Housing Agreement with the City in a form and substance satisfactory to
the City consistent with the requirements of the Specific Plan, the City's
Density Bonus Ordinance, the City approved Affordable Housing Plan,
MEMO,,
Density Bonus Application, and the City's Affordable Housing Policy and
compliance with California Health and Safety Code. The Agreement
shall contain additional terms and conditions related to the provision of
the affordable units required of the project, including but not limited to:
1) identification of the distribution of the affordable units; 2) provisions
permitting rental of qualifying affordable households at applicable
affordable rents; 3) provisions for maintenance and continued
affordability; 4) affordable units will be rented and income restricted for
the project for a period of 55 years from the issuance of a certificate of
occupancy for the rental project; 5) other governmental requirements.
The Affordable Housing Agreement shall be recorded against the
development site and the applicant shall be required to covenant and
agree for itself, its successors, its assigns, and every successor in
interest that no fewer than the required number of residential units shall
be constructed and available for rental to and occupancy by very low,
low and moderate income households in the amount by income
category identified above. A Regulatory Agreement shall also be
executed ensuring that the affordable housing units are maintained as
approved on each site.
(1) 2.2 That St. Anton Partners, LLC, execute and record Development
Agreement 2012-002 provided as approved by the City Attorney
(Ordinance No. 1423), to ensure that the project related to DA 2012-002,
CP 2012-003, DR 2012-005, Density Transfer, and Density Bonus,
Concessions or Incentives in compliance with California Government
Exhibit A
Resolution No. 12-94
DA 2012-002, CP 2012-003, DR 2012-005, Density Transfer, and Density Bonus
Page 4
wF
Code Section 65915(1) is implemented as proposed.
(1) 2.3 That St. Anton Partners, LLC, execute and record the Housing and
Regulatory Agreement provided as approved by the City Attorney (draft
provided as Attachment 1), to ensure that the affordable housing units
are available as approved on each site.
(2) 2.4 The project shall comply with all applicable mitigation and
implementation measures of the Final EIS/EIR, as amended by the
Supplement and Addendum.
(1) 2.5 That St. Anton Partners, LLC, execute and record the Disposition and
Development Agreement (DDA) with the City of Tustin. Any failure to
execute the DDA may result in the City pursuing revocation of DA 2012-
002, CP 2012-003, DR 2012-005, Density Transfer, and Density Bonus,
Concessions or Incentives in compliance with California Government
Code Section 65915(1).
(1) 2.6 Pursuant to the Disposition and Development Agreement (DDA), the
project applicant has agreed to construct a public park adjacent to the ffin
development. Park design and programming shall be the subject of
future review and discussion between the City of Tustin and the
developer, consistent with the approved and executed DDA.
COMMUNITY DEVELOPMENT — PLANNING DIVISION
(1) 3.1 Project construction plans shall comply with the Tustin Noise Ordinance
to address any potential interior and/or exterior noise. Noise attenuation
measures as recommended by the attached Noise Report (See
Attachment 1 of Resolution No. 12-96) shall be included in the project's
construction drawings at plan check.
(1) 3.2 At the time of plan check submittal, provide hardscape/landscape plans
to include the quantity, species, and size of all trees and planting
materials for consistency with Specific Plan and City's Landscape and
Irrigation Standards. The landscape plan must comply with the City's
new water efficiency ordinance (Ordinance No. 1376).
(1) 3.3 Prior to issuance of building permits, provide 15"x 22" set of plans
consistent with plans approved on November 6, 2012.
1. Technical Site Plan Product E ay
2. Parking Plan Product
3. Conceptual Grading/Utility Plan. Include cross-sections and
direction of drainage flow with slope in percentage
Exhibit A
Resolution No. 12-94
DA 2012-002, CP 2012-003, DR 2012-005, Density Transfer, and Density Bonus
Page 5
4. Architectural drawings (street scene, floor plan, elevations,
enhanced elevations)
5. Specific information regarding the quantity of private open space
being provided.
(1) 3.4 At the time of plan check submittal, the applicant shall submit all exterior
materials, colors, and other architectural treatments including details for
mailboxes. Indicate color and exterior treatment for review and approval
by the Community Development Director and subject to field inspection
verification.
(1) 3.5 Prior to the issuance of the first building permit, the applicant shall
provide the City with details and plans for all signage proposed for the
project.
(1) 3.6 Prior to the issuance of the first building permit, a Parking Management
Plan consistent with the applicant's submitted parking analysis (See
Attachment 1 of Resolution No. 12-96) shall be submitted for approval
by the Chief of Police and Director of Community Development. The
M Parking Management Plan shall identify parking management
techniques that will be implemented to minimize the potential for off-site
parking issues that would result in an increase in police or code
enforcement service calls.
(1) 3.7 The applicant or responsible party shall screen or enclose all potentially
visible fire sprinkler standpipes and backflow assemblies, devices and
valves to the satisfaction of the Community Development Department.
(1) 3.8 The Developer shall not oppose or contest any future creation or
establishment by the City of Tustin of a landscape and lighting district,
master maintenance association, assessment district, or any other
method or means consistent with the DDA determined by the City
necessary for funding of the maintenance of the public right-of-way,
landscape easements, public parks or of the various municipal services
and operating expenses associated with Tustin Legacy.
(1) 4.1 Plans submitted for building permits must show compliance with the
State of California Title 24 accessibility regulations. Site, buildings and
swimming pool decks must comply with the appropriate accessibility to
NO
MR
persons with disabilities. Dwelling units shall be served by an
accessible route and shall be adaptable as required.
Exhibit A
Resolution No. 12-94
DA 2012-002, CP 2012-003, DR 2012-005, Density Transfer, and Density Bonus
Page 6
IN
1111
(1) 4.2 At the time of building permit application, the plans shall comply with the
latest edition of the codes (2010 building codes, 2011 Green Building
Code), City Ordinances, State, Federal laws, and regulations as
adopted by the City Council of the City of Tustin.
CITY MANAGERS OFFICE
(1) 5.1 At the time of plan check submittal, the applicant shall submit all plans,
exterior materials, colors, and other architectural treatments for review
for conformance to the DDA.
PUBLIC WORKS DEPARTMENT - ENGINEERING
(1) 6.1 The following plant shall be removed from the proposed Tustin Ranch
Road and park site plant pallet: pinus canariensis tree.
PUBLIC WORKS DEPARTMENT - GRADING
SIN
IN
(1) 6.2 This development shall comply with all applicable provisions of the City
of Tustin Water Quality Ordinance and all Federal, State, and Regional
Water Quality Control Board rules and regulations.
(1) 6.3 Preparation of a sedimentation and erosion control plan for all work
related to this development shall be required.
(1) 6.4 Prior to issuance of a Grading Permit, a final grading plan prepared by a
California Registered Civil Engineer, shall be submitted and approved.
The plan shall be consistent with the approved site and landscaping
plans.
(1) 6.5 Prior to issuance of a Grading Permit, a grading bond (on a form
acceptable to the City) shall be required. The engineer's estimate, which
covers the cost of all work shown on the grading plan, including grading,
drainage, water, sewer and erosion control, shall be submitted to the
City for approval.
(1) 6.6 Prior to issuance of any permits, the applicant shall submit for approval
by the Community Development and Public Works Departments, a
Water Quality Management Plan (WQMP).
(1) 6.7 If the WQMP has been determined to be a Priority WQMP, it shall
identify Low Impact Development (LID) principles and Best
Exhibit A
Resolution No. 12-94
DA 2012-002, CP 2012-003, DR 2012-005, Density Transfer, and Density Bonus
Page 7
Management Practices (BMPs) that will be used on-site to retain storm
water and treat predictable pollutant run-off.
(1) 6.8 The Priority WQMP shall identify: the implementation of BMPs, the
assignment of long-term maintenance responsibilities (specifying the
developer, parcel owner, maintenance association, lessees, etc.), and
reference to the location(s) of structural BMPs.
(1) 6.9 Prior to submittal of a Water Quality Management Plan (WQMP), the
applicant shall submit a deposit of $2,700.00 to the Public Works
Department for the estimated cost of reviewing the WQMP.
(1) 6.10 Prior to issuance of any permits, the applicant shall record a "Covenant
and Agreement Regarding 0 & M Plan to Fund and Maintain Water
Quality BMPs, Consent to Inspect, and Indemnification", with the
County Clerk-Recorder. This document shall bind current and future
owner(s) of the property regarding implementation and maintenance of
the structural and non-structural BMPs as was specified in the approved
WQMP.
(1) 6.11 Prior to issuance of a Grading Permit, the applicant shall submit a copy
of the Notice of Intent (NOI) indicating that coverage has been obtained
under the National Pollutant Discharge Elimination System (NPDES)
State General Permit for Storm Water Discharges Associated with
Construction Activity from the State Water Resources Quality Control
Board.
(1) 6.12 The applicant shall design and construct parkway landscape and
irrigation facilities on Tustin Ranch Road from property boundary to
Legacy Road, Legacy Road from Tustin Ranch Road to Park Avenue
and Park Avenue from Legacy Road to property boundary for all public
areas adjacent to and within this project.
(1) 6.13 Existing sewer, domestic water, reclaimed water and storm drain
service laterals shall be utilized whenever possible.
(1) 6.14 The proposed storm drain lateral and manhole along the community
entrance shall be designed and constructed within Lot 20 of Tract Map
17404. A manhole shall be constructed to distinguish the limit of public
storm drain and private storm drain system.
(1) 6.15 Any damage done to existing public street improvements and/or utilities
Exhibit A
Resolution No. 12-94
DA 2012-002, CP 2012-003, DR 2012-005, Density Transfer, and Density Bonus
Page 8
ffi=ml
Oil HE r
III
shall be repaired to the satisfaction of the City Engineer before issuance
of a Certificate of Occupancy for the development.
(1) 6.16 All utility lines shall be placed underground by the developer.
(1) 6.17 The applicant shall design and install stop sign(s) and restripe the
community entrance at Park Avenue.
(1) 6.18 The applicant shall design and construct median
improvements/hardscape within the raised median on Legacy Road and
sidewalks on the south side of Legacy Road adjacent to project site
from Tustin Ranch Road to Park Avenue.
(1) 6.19 The applicant shall be responsible for connection from the project to the
new backbone utility systems unless the new connections are not
available until the main portion of the MCAS Tustin is developed. The
applicant shall provide easements for any new utilities.
(1) 6.20 The applicant shall enter into a landscape maintenance agreement with
the City of Tustin for maintenance of parkway improvements within FINE-
public rights-of-way adjacent to the project along Tustin Ranch Road
Park Avenue and Legacy Road, and the landscape median with callbo;
and decorative pavers at community entrance.
(1) 6.21 The applicant shall design and construct the park and related facilities,
and dedicate in fee title Lot MMM of Tract Map 17404 and facilities to
the City of Tustin, at no cost to the City.
PUBLIC WORKS DEPARTMENT - GRANTS IN FEE AND DEDICATIONS
(1) 6.22 The applicant shall submit legal descriptions and sketches of the areas
below, current Title Report, applicable back up documents, and plan
check deposit to the Public Works Department for review and approval,
as prepared by a California Licensed Civil Engineer or California
Licensed Land Surveyor.
a. Prior to issuance of any Building Permit, the applicant shall
provide easements for emergency vehicle access and public
services ingress and egress purposes over the private streets
and driveways, at no cost to the City.
b. The applicant shall dedicate public access and maintenance 10
I
I
easements to the City of Tustin for sidewalks within private III--
property along Tustin Ranch Road, Park Avenue, and Legacy
Road, at no cost to the City.
Exhibit A
Resolution No. 12-94
DA 2012-002, CP 2012-003, DR 2012-005, Density Transfer, and Density Bonus
Page 9
c. The applicant shall dedicate public pedestrian and vehicle
ingress and egress on the private portion of the driveway on Park
Avenue, from the street to the private gates, to the City of Tustin,
at no cost to the City.
d. The applicant shall satisfy dedication and/or reservation
requirements as applicable, including but not limited to dedication
of all required street, drainage and flood control right-of-way
easements, pedestrian and vehicular access rights, utility
easements and public parks, defined and approved as to specific
locations by the City Engineer and other agencies, for this
project.
PUBLIC WORKS DEPARTMENT — COORDINATION WITH AFFECTED PROPERTY
OWNER(S) AND AGENCY(S)
(1) 6.23 Prior to any work in the public right-of-way, the applicant shall obtain an
Encroachment Permit and pay all the applicable fees to the Public
Works Department.
N
k (1) 6.24 The applicant shall obtain written approval and/or permits form the
applicable utility companies, including but not limited to Southern
California Edison (SCE), The Gas Company, Irvine Ranch Water District
(IRWD), Cox Communications, etc.
PUBLIC WORKS DEPARTMENT — MISCELLANEOUS
(1) 6.25 Payment of the Major Thoroughfare and Bridge Fees to the Tustin
Public Works Department is required at the time a building permit is
issued. The fee rate schedule automatically increases on July 1st of
each year.
(1) 6.26 In addition to the normal full-size map and plan submittal, all final maps
and plans including, but not limited to, tract maps, parcel maps, right-of-
way maps, records of survey, public works improvements, private
infrastructure improvements, final grading plans, and site plans shall be
submitted to the Public Works Department in computer aided design
and drafting (CADD) format to the satisfaction of the City Engineer. The
standard file format is AutoCAD Release 2009, or latest version, having
the extension" DWG". All layering and linotype conventions are
AutoCAD-based (latest version available upon request from the Public
Works Department). The CADD files shall be submitted to the City at
the time plans are approved, and updated CADD files reflecting "as
built" conditions shall be submitted once all construction has been
Exhibit A
Resolution No. 12-94
DA 2012-002, CP 2012-003, DR 2012-005, Density Transfer, and Density Bonus
Page 10
completed. No project bonds will be released until acceptable "as built"
CADD files have been submitted to the City.
(1) 6.27 The applicant shall furnish Improvement Bonds (Faithful Performance
Bond, Labor & Material Bond on forms acceptable to the City, as
required by the City Engineer prior to issuance of an Encroachment
Permit for the park, sidewalks and any other improvements in the public
right-of-way.
(1) 6.28 Prior to submittal of an application for building permits, the applicant
shall obtain new addresses for all buildings from the Engineering
Division.
(1) 6.29 Construction and Demolition Waste Recycling and Reduction Plan
(WRRP).
a. The applicant/contractor is required to submit a WRRP to the
Public Works Department. The WRRP must indicate how the
applicant will comply with the City's requirement (City Code
Section 4351, et al) to recycle at least 50% of the project waste
material.
b. The applicant shall be required to submit a $50.00 application fee
and a cash security deposit. Based on the review of the
submitted Waste Management Plan, the cash security deposit
will be determined by the Public Works Department in an amount
not to exceed 5% of the project's valuation.
c. Prior to issuance of any permit, the applicant shall submit the
required security deposit in the form of cash, cashiers check,
personal check, or money order made payable to the "City of
Tustin".
(1) 7.1 Project gates will be designed and operated in conjunction with the
parking assessment (See Attachment 1 of Resolution No. 12-96), as
may be amended from time to time with the approval of the Community
Development Director. All pedestrian and vehicle gates shall be
accessible to emergency and law enforcement personnel. Please
identify and label the location of all pedestrian gates on the construction
drawings prior to the issuance of building permit including but not limited
to:
(a) Knox key switches, submaster keyed to the Police Department,
must be installed on all vehicle and common area
doors/pedestrian gates controlled by an electronic access control
system. For vehicle gates, the keyswitch must be installed in the
M-111
0
Exhibit A
Resolution No. 12 -94
DA 2012 -002, CP 2012 -003, DR 2012 -005, Density Transfer, and Density Bonus
Page 11
driver's side visitor call box or at a height of 42" and at least 15'
from the gate on the driver's side.
(b) Knox Boxes, submaster keyed to the Police Department, must be
installed on the pool gate and any other common area gate
requiring a mechanical key.
(c) Click2Enter radio access control system must be installed on the
vehicle gates. The units must be programmed to the Tustin
Police Department secondary frequency and the Orange County
Fire Authority frequency established for Click2Enter.
(d) Prior to the issuance of building permits, the applicant must
submit to the police department, an Emergency Access Plan
noting the location and type of emergency access device to be
installed.
(e) Wayfinding - Prior to the issuance of building permits, the
applicant must submit to the Police Department, a wayfinding
plan for both vehicles and pedestrians.
ORANGE COUNTY FIRE AUTHORITY
OR
(1) 8.1 Prior to issuance of a building permit, the applicant or responsible party
shall submit the fire master plan (service code PR145).
(1) 8.2 Prior to issuance of a building permit, the applicant or responsible party
shall submit the architectural (service codes PR200- PR285), when
required by the OCFA "Plan Submittal Criteria Form ".
(1) 8.3 Prior to issuance of a building permit, the applicant or responsible party
shall submit the underground piping for private hydrants and fire
sprinkler systems (service code PR470- PR475).
(1) 8.4 Prior to issuance of building permit, the applicant or responsible party
shall submit a gate plan (service code PR180).
(1) 8.5 Prior to the issuance of building permit, the applicant or responsible
party shall submit an underground piping for private hydrants and fire
sprinkler systems (service Code PR470 -475).
(1) 8.6 Prior to concealing interior construction, the applicant or responsible
party shall submit:
• The sprinkler monitoring system (service code PR500).
• The fire alarm system (service code PR500- PR520)
FEES
Exhibit A
Resolution No. 12-94
DA 2012-002, CP 2012-003, DR 2012-005, Density Transfer, and Density Bonus
Page 12
OHIO
ISO
111111 -1
wv
9.1 Prior
to issuance of building permits, payment shall be made of all
applicable fees, including but not limited to, the following (Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.):
a.
Building and Planning plan check and permit fees to the
Community Development Department and Engineering plan
check and permit fees to the Public Works Department, based on
the most current schedule;
b.
Orange County Fire Authority (OCFA) fees collected by the
Community Development Department, based on the most current
schedule;
c.
Major Thoroughfare and Bridge Fees to the City of Tustin
collected by the Public Works Department;
d.
Water and sewer connection fees to the Irvine Ranch Water
District;
e.
School facilities fee in the amount as required by Tustin Unified
School District;
f.
Transportation System Improvement Program (TSIP) Benefit
Area B fees;
g.
New construction tax fees;
MIN
h.
Other applicable Tustin Legacy Backbone Infrastructure Program
BONN
fees; and
i.
Within forty-eight (48) hours of approval of the subject project,
the applicant shall deliver to the Community Development
Department, a cashier's check payable to the COUNTY CLERK
in the amount of fifty dollars ($50.00) to enable the City to file the
appropriate environmental documentation for the project. If
within such forty-eight (48) hour period that applicant has not
delivered to the Community Development Department the above-
noted check, the statute of limitations for any interested party to
challenge the environmental determination under the provisions
of the California Environmental Quality Act could be significantly
lengthened.
OHIO
ISO
111111 -1