HomeMy WebLinkAboutPC RES 4297RESOLUTION NO. 4297
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 17665, CONDITIONAL USE PERMIT 2015-04 AND
DESIGN REVIEW 2015-004, AUTHORIZING THE SUBDIVISION
OF AN APPROXIMATELY 1/3 ACRE PARCEL CONSISTING OF
ONE (1) NUMBERED LOT AND ONE (1) LETTERED LOT FOR
THE DEVELOPMENT OF FIVE (5) SINGLE FAMILY DETACHED
CONDOMINIUMS LOCATED AT 1381-1391 SAN JUAN
STREET.
The Planning Commission of the City of Tustin does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That proper application has been submitted by Farzad and Fariba Shaygan
for Tentative Tract Map 17665, Conditional Use Permit 2015-04, and Design
Review 2015-004 for the subdivision of an approximately 1/3 acre parcel
consisting of one (1) numbered lot and one (1) lettered lot for the
development of five (5) single family detached condominiums located at
1381-1391 San Juan Street.
B. That the property is zoned as Multiple Family Residential (R3-2700) and has
a General Plan Land Use Designation of High Density Residential. In
addition, the project has been reviewed for consistency with the Air Quality
Sub -element of the City of Tustin General Plan and has been determined to
be consistent with the Air Quality Sub -element.
C. That Tustin City Code Section 9323b2 requires a tentative tract map be
prepared for subdivisions creating five (5) or more condominiums as defined
in Section 4125 of the California Civil Code.
D. That Tustin City Code Section 9226b5 requires the approval of a conditional
use permit for the development of condominium units in the R3 Zoning
District, when developed pursuant to the criteria of the Planned
Development (PD) District.
E. That Tustin City Code Section 9272 requires applicants to obtain Design
Review approval prior to the issuance of building permits for all new
structures.
F. That a public hearing was duly called, noticed, and held for Tentative Tract
Map 17665, Conditional Use Permit 2015-04, and Design Review 2015-04
on September 22, 2015, by the Planning Commission.
G. That the map would be in conformance with the State Subdivision Map Act
and Tustin City Code Section 9323 (Subdivision Code) in that:
Resolution Nb. 4297
Page 2.
The proposed Tentative Tract Map 17665 and improvements are
consistent with the Tustin General Plan (High Density Residential),
Multiple Family Residential (R3-2700) zoning designation, Tustin City
Code, and Subdivision Map Act.
2. The site is physically suitable for the type of development and
proposed density in that the development of five (5) dwelling units on
an approximately 1/3 acre parcel is within the allowable density
requirements.
3. The design of the proposed subdivision and improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat in that the development is
located on an improved parcel within an urbanized area.
4. The design of the subdivision or the types of improvements proposed
are not likely to cause serious public health problems in that the
development is in compliance with the Zoning Code and will be
required to comply with the applicable building and life safety codes.
5. That 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 in that
existing easements will remain and new easements will be established
for servicing the development.
6. That the waste discharge from the proposed subdivision into a
community sewer system will not result in or add to violations of
existing requirements prescribed by the Regional Water Quality
Control Board in that the development will be permitted through the
Orange County Sanitation District to utilize community sewer
facilities.
H. That the City's Public Works Department has reviewed the map and
determined that it is technically correct
That the subdivider will be required to dedicate in fee title, at no cost to the
City of Tustin, the appropriate corner cut-off at the northeast corner of San
Juan Street and Utt drive for roadway and sidewalk purposes.
J. That Tustin City Code Section 9331d requires the subdivider to pay a fee
in lieu of providing a parkland dedication.
K. That the establishment, maintenance, and operation of the proposed use will
not, under the circumstances of this case, be detrimental to the health,
safety, morals, comfort, or general welfare of the persons residing or working
Resolution No. 4297
Page 3
in the neighborhood of such proposed use, nor be injurious or detrimental to
the property and improvements in the neighborhood of the subject property,
or to the general welfare of the City of Tustin in that:
The proposed project complies with the criteria of the Planned
Development (PD) District, which apply to the development of
condominiums in the R3 Zoning District.
2. The density of the proposed project is below the maximum density
allowed by the R3 2700 Zoning and High Density Residential
General Plan designation of the site.
3. The proposed detached condominiums are appropriate for the
neighborhood and may be individually owned, which is similar to
the adjacent single family residences.
4. The required Covenants, Conditions, and Restrictions (CC&Rs) will
ensure the continued maintenance of the site.
L. That the location, size, and general appearance of the proposed project as
conditioned is compatible with the surrounding area in that there are
existing two- and three-story residences in the area of a similar massing
and scale, and the proposed residences feature adequate setbacks,
significant architectural articulation and step-downs, sloping roof planes,
and other features that soften the transition with adjacent properties. In
addition, the architectural design, features, and color palette are
representative of other residences in the neighborhood. The proposal will
not impair the orderly and harmonious development of the area, the present
or future development therein, or the occupancy as a whole. In making such
findings, the Planning Commission has considered at least the following
items:
1. Height, bulk, and area of proposed structure.
2. Setbacks and site planning.
3. Exterior material and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors and other openings.
6. Towers, chimneys, and roof structures.
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
Resolution No. 4297
Page 4
existing structures and possible future structures in the neighborhood
and public thoroughfares.
13. Development guidelines and criteria as adopted by the City Council.
K That this project is Categorically Exempt pursuant to Section 15332 of
the California Code of Regulations (Guidelines for the California
Environmental Quality Act) pertaining to in -fill development projects. The
development meets all of the following requirements for categorical
exemption under Section 15332.
a) The project is consistent with the applicable general plan
designation and all applicable general plan policies as well as with
applicable zoning designation and regulations.
As proposed, the project meets the intent of the High Density
General Plan Land Use Designation and is in compliance with the
development standards contained within the City Zoning Code.
b) The proposed development occurs within City limits on a project
site of no more than five (5) acres substantially surrounded by
urban uses.
The project site is located within City limits on an approximately
113 acre parcel and is surrounded by built out urban uses.
c) The project site has no value, as habitat for endangered, rare or
threatened species.
The property is within an urbanized area and is currently
developed for residential purposes. The site has no value as
habitat for endangered, rare, or threatened species.
d) Approval of the project would not result in any significant effects
relating to traffic, noise, air quality, or water quality.
The project would not have a significant impact on noise levels or
on intersections within the vicinity. The proposed project is below
the thresholds of significance established by Tables 6-2
(operation thresholds) and 6-3 (construction thresholds) of the Air
Quality Management District's CEQA Air Quality Handbook. The
applicant has provided a preliminary water quality management
plan for the proposed project and will be required to implement
the plan's recommendations in the construction of the
development.
Resolution No. 4297
Page 5
e) The site can be adequately served by all required utilities and
public services.
The project site is already being served by existing utilities. Utility
providers were notified of the proposed project and appropriate
connections are available to serve the site.
11. The Planning Commission hereby approves Tentative Tract Map 17665,
Conditional Use Permit 2015-04, and Design Review 2015-004, authorizing the
subdivision of an approximately 1/3 acre parcel consisting of one (1) numbered
lot and one (1) lettered lot for the development of five (5) single family detached
condominiums located at 1381-1391 San Juan Street, subject to the conditions
contained within Exhibit A, attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 22nd day of September, 2015.
------------
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
JWk THOMPSON
Chairperson i
1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4297 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 22nd day of September, 2015.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
M
A
MI -11
• • 61
Altowaiji, Kozak, Lumbard, Smith, Thompson (5)
EXHIBIT A
RESOLUTION NO. 4297
TENTATIVE TRACT MAP 17665
CONDITIONAL USE PERMIT 2015-04, AND
DESIGN REVIEW 2015-004
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped September 22, 2015, 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 Within twenty-four (24) months from tentative map approval, the applicant
shall record with appropriate agencies a final map prepared in accordance
with subdivision requirements of the Tustin City Code, the State Subdivision
Map Act, and applicable conditions contained herein unless an extension is
granted pursuant to Section 9323 of the Tustin City Code. The Final Map
shall be submitted at least 90 days prior to the expiration of the Tentative
Map for review, processing, and recording prior to the expiration of the
Tentative Map. Time extensions shall be in conformance with the provision
of the Tustin City Code and State Subdivision Map Act.
(1) 1.3 Approval of Conditional Use Permit 2015-04 and Design Review 2015-004
shall become null and void unless permits for the proposed project are
issued and substantial construction is underway within one (1) year of the
date of this Exhibit. Time extensions may be considered if a written request
is received by the Community Development Department within thirty (30)
days prior to expiration.
(1) 1.4 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.
(1) 1.5 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
SOURCE CODES
(1)
STANDARD CONDITION
(5)
RESPONSIBLE AGENCY REQUIREMENTS
(2)
CEQA MITIGATION
(6)
LANDSCAPING GUIDELINES
(3)
UNIFORM BUILDING CODE/S
(7)
PC/CC POLICY
(4)
DESIGN REVIEW
EXCEPTIONS
Exhibit A
Page 2
(1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an
administrative citation pursuant to TCC 1162(a).
(1) 1.7 Approval of Tentative Tract Map 17665, Conditional Use Permit 2015-04,
and Design Review 2015-004 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) 1.8 As a condition of approval of Tentative Tract Map 17665, Conditional Use
Permit 2015-04, and Design Review 2015-004, the applicant shall agree,
at its sole cost and expense, to defend, indemnify, and hold harmless the
City, its officers, employees, agents, and consultants, from any claim, action,
or proceeding brought by a third party against the City, its officers, agents,
and employees, which seeks to attack, set aside, challenge, void, or annul
an approval of the City Council, the Planning Commission, or any other
decision-making body, including staff, concerning this project. 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 defense of any
such action under this condition.
PLAN SUBMITTAL
(1) 2.1 At the time of building permit application, the plans shall comply with the
latest edition of the codes, City Ordinances, State, Federal laws, and
regulations as adopted by the City Council of the City of Tustin.
(1) 2.2 Prior to the issuance of building permits, the applicant shall submit a
photometric lighting plan showing compliance with the Tustin Security
Code, which requires a minimum one foot-candle of light on the private
drives and parking surfaces and a minimum of one-quarter foot-candle of
light on the walking surfaces. The lighting plan is to be overlaid onto a
tree landscape plan.
(1) 2.3 An automatic residential fire sprinkler system shall be installed per NFPA
13 D in all new residential constructions. CRC R 313.2.
(1) 2.4 New slab on grade shall install a Capillary Break in compliance with one of
the following (CG 4.505.2.1):
Exhibit A
Page 3
A. A 2 -inch thick layer of sand over a vapor barrier meeting ASTM 1745
(15MIL) over 2 inches of sand, over a 4 -inch thick base of 1/2 inch or
larger clean aggregate.
B. A concrete mix design which will address bleeding, shrinkage, and
curling will be required where the vapor barrier is applied directly over
4 inch of '/2 inch or larger aggregate. (For additional information, see
American Concrete Institute, ACI 302.OR-06).
(1) 2.5 A soils report is required for all new residential constructions. A soils
report addressing foundation and seismic designs shall be provided for
review with the construction documents. Refer to soils engineer
recommendation for site drainage.
(1) 2.6 The project must be designed under the direction of a California licensed
architect and/or a civil or structural engineer. The designer of record shall
stamp and sign the plans. The designer of record shall prepare structural
plans, sections, details, specifications and calculations — which also must
be stamped and signed.
(1) 2.7 Each unit shall be readied for an electrical vehicle charging station.
(1) 2.8 Indoor and outdoor water usage plans shall be designed, specified, and r
submitted with the construction documents.
9
ARCHITECTURE
(4) 3.1 Project materials shall comply with those identified in the approved plans.
Additional color and material samples may be requested by City staff at
the time of plan check. Substitutions to the approved materials may occur
subject to the approval of the Community Development Director.
Enhancements to the architectural detailing may be required at the time of
plan check based on the proposed materials.
(4) 3.2 All exterior windows and doors shall be articulated with trim complimentary
to the architectural style of the residence. Window frames and
mullions/muntins shall be of a rich color characteristic of the proposed
Spanish and Mediterranean architectural styles to provide contrast.
(4) 3.3 All mechanical and electrical fixtures and equipment shall be adequately
and decoratively screened. The screen shall be included as an element of
the overall design of the project and blend with architectural design of the
building. All telephone and electrical boxes shall be identified on the
construction plans. Electrical transformers, if needed, shall be located
toward the interior of the project to minimize visual impacts and screened
by adequate landscaping or other effective screening devices.
Exhibit A
Page 4
(1) 3.4 All utility services serving the site shall be installed and maintained
underground.
(1) 3.5 Freestanding walls shall be treated with graffiti -resistant coating.
LAN DSCAPINGtHARDSCAPE
(1) 4.1 At plan check, complete detailed landscaping and irrigation plans for all
landscaping areas are required, consistent with adopted City of Tustin
Landscaping requirements. The plans shall include the following:
A. Include a summary table identifying plan materials. The plant table
shall list botanical and common names, sizes, spacing, location, and
quantity of the plant materials proposed.
B. Show planting and berming details, soil preparation, staking, etc. The
irrigation plan shall show location and control of backflow prevention
devices, pipe size, sprinkler type, spacing, and coverage. Details for
all equipment must be provided.
C. Show all property lines on the landscaping and irrigation plans, public
right-of-way areas, sidewalk widths, parkway areas, and wall locations.
D. The Community Development Department may request minor
substitutions of plant materials or request additional sizing or quantity
of materials during plan check.
E. Add a note that coverage of landscaping and irrigation materials is
subject to inspection at project completion by the Community
Development Department.
F. Shrubs shall be a minimum of five (5) gallon size and shall be placed a
maximum of five (5) feet on center. Other sizes and spacing may be
permitted subject to approval of the Community Development
Department.
G. Ground cover shall be planted eight (8) to twelve (12) inches on center,
or as approved by the Community Development Department.
H. All plant materials shall be installed in a healthy vigorous condition
typical to the species and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming,
weeding, removal of litter, fertilizing, regular watering, and replacement
of diseased or dead plants.
Exhibit A
Page 5
(1) 4.2 On-site walls and fences shall be noted on the plans with specific
materials, colors, and decorative treatments subject to the review and
approval of the Community Development Department. Exterior walls and
fencing shall be treated with graffiti -resistant coating.
(4) 4.3 The perimeter wall along Utt Drive shall be constructed of high quality
materials and complementary to the project architecture subject to final
approval of the Community Development Department.
(1) 4.4 Trees in the landscape setbacks adjacent to public rights-of-way shall be
provided in a variety of sizes to ensure initial maturity along project
perimeter.
(1) 4.5 Backflow devices and double detector checks shall be painted to match
surrounding landscaping when in planters or painted to match the building
when located adjacent to a building. Landscaping shall be utilized to
screen the devices where possible.
(1) 5.1 All organizational documents for the project including any covenants,
conditions, and restrictions (CC&Rs) shall be submitted to and approved
by the Community Development Department and City Attorney's Office.
Costs for such review shall be borne by the subdivider. The approved
CC&Rs shall be recorded with County Recorder's Office prior to issuance
of the first certificate of occupancy. A copy of the final documents shall be
submitted to the Community Development Department after recordation.
(1) 5.2 No Certificate of Occupancy shall be issued, unless a homeowners
association has been legally formed with the right to assess all these
properties which are jointly owned or benefited to operate and maintain all
other mutually available features of the development including, but not
limited to, open space, amenities, landscaping, and utilities. No dwelling
unit shall be sold unless all approved and required open space, amenities,
landscaping, or other improvements have been completed or completion
is assured by a financing guarantee method approved by the City. The
CC&Rs shall include, but not be limited to, the following provisions:
A. The City shall be included as a party to the CC&Rs for enforcement
purposes of those CC&R provisions in which the City has interest
as reflected in the following provisions. However, the City shall not
be obligated to enforce the CC&Rs.
B. The requirement that association bylaws be established.
C. Provisions for effective establishment, operation, management,
use, repair, and maintenance of all common areas and facilities
Exhibit A
Page 6
including amenities, landscaped areas and lots, walls and fences,
and private drives.
D. Membership in the homeowners association shall be inseparable
from ownership in individual units.
E. Architectural controls shall be provided and may include, but not be
limited to, provisions regulating exterior finishes, roof materials,
fences and walls, accessory structures such as patios, sunshades,
trellises, gazebos, awnings, exterior mechanical equipment,
television and radio antenna, consistent with the Tustin City Code.
F. Maintenance standards shall be provided for applicable items listed
in Section C above in CC&Rs. Examples of maintenance
standards are shown below.
1. All common area landscaping and private areas visible from
any public way shall be properly maintained such that they
are evenly cut, evenly edged, and free of debris and weeds.
All trees and shrubs shall be trimmed so they do not impede
vehicular or pedestrian traffic. Trees shall be pruned so they
do not intrude into neighboring properties and shall be
maintained so they do not have droppings or create other
nuisances to neighboring properties. All trees shall also be
root pruned to eliminate exposed surface roots and damage
to sidewalks, driveways, and structures.
2. All private drives, sidewalks, and open space areas shall be
maintained so that they are safe for users. Significant
pavement cracks, pavement distress, excessive slab
settlement, abrupt vertical variations, and debris on travel
ways should be removed or repaired promptly.
3. Common areas shall be maintained in such a manner as to
avoid the reasonable determination of a duly authorized
official of the City that a public nuisance has been created by
the absence of adequate maintenance such as to be
detrimental to public health, safety, or general welfare.
G. Homeowners association approval of exterior improvements
requiring a building permit shall be obtained prior to requesting a
building permit from the City of Tustin Community Development
Department. All plans for exterior improvements shall conform to
requirements set forth by the City and the CC&Rs.
H. Private open space areas within the common area shall be
illustrated on a "Private Open Space Exhibit" and shall be made
part of the CC&Rs and shall specify those portions of the common
Exhibit A
Page 7
open space area that are allocated for private use. The CC&Rs
shall include provisions for authorized uses and structures, access,
maintenance, and restrictions in the private use areas.
A "Parking Exhibit" shall be made part of the CC&Rs and shall be
enforced by the homeowners association. In addition to the exhibit,
provisions regarding parking shall be included in the CC&Rs,
including the following:
1. All units are required to maintain a two -car garage.
2. A minimum of two (2) unassigned guest parking spaces shall
be permanently maintained in locations shown on the
"Parking Exhibit."
3. Residents shall not store or park any non -motorized
vehicles, trailers or motorized vehicles that exceed 7 feet
high, 7 feet wide, and 19 feet long in any parking space,
driveway, or private street area except for the purpose of
loading, unloading, making deliveries or emergency repairs
except that the homeowners association may adopt rules
and regulations to authorize exceptions.
4. Residents shall park vehicles in garage spaces. Storage of
personal items may occur in the garages only to the extent
that vehicles may still be parked within the required garage
spaces.
5. The homeowners association shall be responsible for
monitoring and enforcing all parking regulations on private
private. The proposed CC&Rs shall include provisions
requiring the association to develop and adopt an
enforcement program for parking regulations within the
development which may include measures for fire access
and enforcement by a private security company.
J. Provisions for enforcing individual trash cart placement at
designated curb areas as shown on the approved "Trash Pick-up
Plan" no earlier than twelve (12) hours prior to the scheduled
collections and removed within twelve (12) hours of collection.
K. Maintenance of all common areas, driveways, etc., shall be by the
homeowners association.
L. Television and radio antennas shall be installed in accordance with
the requirements of the Tustin City Code.
Exhibit A
Page 8
M. All utility services serving the site shall be installed and maintained
underground.
N. The homeowners association shall be required to file the names,
addresses, and telephone numbers of at least one member of the
homeowners association Board and, where applicable, a manager
of the project before January 1 st of each year with the City of Tustin
Community Development Department for the purpose of contacting
the association in the case of emergency or in those cases where
the City has an interest in CC&R violations.
O. The homeowners association shall be responsible for establishing
and following procedures for providing access to public utilities for
maintenance of their facilities within the project area, subject to
those agencies' approval.
P. No amendment to alter, modify, terminate, or change the
homeowners association's obligation to maintain the common areas
and the project perimeter wall or other CC&R provisions in which
the City has an interest, as noted above, or to alter, modify,
terminate, or change the City's right to enforce maintenance of the
common areas and maintenance of the project perimeter wall, shall
be permitted without the prior written approval of the City of Tustin
Community Development Department.
HOMEBUYER NOTIFICATION
(1) 6.1 Prior to recordation of the final map, the subdivider shall submit to the
Community Development Department for review and approval a
homebuyer notification document that includes the notifications listed
below. The notification document shall be signed by each homebuyer
prior to final inspection and occupancy, and a copy of the signed
notification shall be provided to the Community Development Department
prior to final inspection and/or issuance of each Certificate of Occupancy.
A. A notice regarding units that are adjacent to aboveground utilities or
structures (such as light standards and fire hydrants) identifying the
type of structure and their locations.
B. A notice indicating that any use of a residence for a business shall
be subject to the City's Home Occupation Ordinance and may
require zoning clearance and a business license.
C. A notice explaining the easements, facilities, amenities, and
dedications that will be provided and indicating all on-site driveways
and common areas are to be maintained by the homeowners
association.
Exhibit A
Page 9
D. A notice stating trash bins shall be placed in designated curb areas
as shown on the approved "Trash Pick-up Plan" no earlier than
twelve (12) hours prior to the scheduled collections and removed
within twelve (12) hours of collection.
E. A notice explaining and providing a copy of the approved "Parking
Plan" and related CC&Rs provisions.
F. A notice regarding the proximity to Tustin High School and sports
field lighting.
ORANGE COUNTY FIRE AUTHORITY
(1) 7.1 Prior to issuance of a building permit, the applicant or responsible party
shall submit a fire sprinkler system (service codes PR400-PR465) to the
Orange County Fire Authority for review. Approval shall be obtained prior
to the issuance of building permits.
(1) 8.1 At building plan check, a noise analysis shall be submitted to the
Community Development Department. All units shall be constructed with
the recommended sound attenuation construction details in the noise
analysis to achieve the minimum noise level standards pursuant to the
City's Noise standards.
GRADING AND DRAINAGE CONDITIONS
(1) 9.1 This development shall comply with all applicable provisions of the City of
Tustin Water Quality Ordinance, all Federal, State, and Regional Water
Quality Control Board rules and regulations, and all Governor's Executive
Orders.
(1) 9.2 Prior to issuance of any permits, the applicant shall submit for approval by
the Community Development and Public Works Departments, a Final
Water Quality Management Plan (WQMP). If the WQMP has been
determined to be a Priority WQMP, it shall identify Low Impact
Development (LID) principles and Best Management Practices (BMPs)
that will be used on-site to retain storm water and treat predictable
pollutant run-off. 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) 9.3 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.
Exhibit A
Page 10
(1) 9.4 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. These documents shall bind current and future owner(s)
of the property regarding implementation and maintenance of the
structural and non-structural BMPs as specified in the approved WQMP.
(1) 9.5 Preparation of a sedimentation and erosion control plan for all work
related to this development shall be required.
(1) 9.6 Prior to issuance of a Grading Permit, a final grading plan, prepared by a
California Registered Civil Engineer, shall be submitted and approved.
The grading plan shall be consistent with the approved site and
landscaping plans.
(1) 9.7 Prior to issuance of a Grading Permit, a grading bond (on a form
acceptable to the City) will 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) 9.8 The applicant shall comply with all
construction emissions, including
prohibiting grading during second
velocities exceed 15 miles per hour.
PUBLIC IMPROVEMENTS
City policies regarding short- term
periodic watering of the site and
stage smog alerts and when wind
(1) 10.1 Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained from and applicable fees paid to the Public Works
Department.
(1) 10.2 Parking shall be restricted on San Juan Street along project frontage. The
applicant shall paint the curb along San Juan Street red, per City of Tustin
Public Works Standards.
(1) 10.3 Prior to issuance of a certificate of occupancy, the applicant shall
complete street improvements on San Juan Street and Utt Drive along the
project frontage consisting of:
A. Design and re -construct the existing damaged concrete sidewalk
along San Juan Street.
B. Remove a portion of depressed curb and existing driveway apron
and replace it with full height curb and sidewalk along Utt Drive and
San Juan Street. The driveway apron on Utt Drive shall be
Exhibit A
Page 11
designed and constructed per the City of Tustin commercial
driveway apron standards.
t
C. Design and re -construct the existing concrete curb ramp at the
northeast corner of San Juan Street and Utt Drive to current
Federal Americans with Disabilities Act (ADA) requirements and
City of Tustin Standard Drawings. Improvements shall include
curb, gutter, and sidewalk from beginning of curb return (BCR) to
end of curb return (ECR).
(1) 10.4 The applicant shall submit to the Public Works Department 24" x
36" reproducible street improvement plans, as prepared by a
California Registered Civil Engineer, for approval. The plans shall
clearly show existing and proposed surface and underground
improvements, including construction and/or replacement of any
missing or damaged public improvements adjacent to this
development. Said plans shall include, but not be limited to, the
following:
a) Curb and gutter facilities f) Domestic water facilities
b) Sidewalk, including curb ramps g) Sanitary sewer facilities
for the physically disabled h) Landscape/irrigation
c) Drive aprons i) Dry utility lines
d) Signing/striping j) Street lighting
e) Catch basin/storm drain laterals/
connection to existing storm drain system
(1) 10.5 Prior to issuance of an Encroachment Permit for construction within the
public right -of way, a 24" x 36" construction area traffic control plan, as
prepared by a California Registered Traffic Engineer, or Civil Engineer
experienced in this type of plan preparation, shall be prepared and
submitted to the Public Works Department for approval.
(1) 10.6 Current Federal Americans with Disabilities Act (ADA) requirements shall
be met at all driveways and sidewalks adjacent to the site. City of Tustin
standards shall apply, unless otherwise approved by the City Engineer.
Depending on the applicable City standard, an easement on private
property for pedestrian access may be required. In this case, a legal
description and sketch of the dedication area, as prepared by a California
Registered Civil Engineer or California Licensed Land Surveyor, shall be
submitted to the Public Works Department for review and approval.
(1) 10.7 The applicant shall dedicate in Fee Title the appropriate corner cut-off at
the northeast corner of San Juan Street and Utt drive to the City of Tustin
for roadway and sidewalk purposes, at no cost to the City. The applicant
shall submit a legal description and sketch of the area to the Public Works
Department for review and approval, as prepared by a California
Registered Civil Engineer or California Licensed Land Surveyor.
Exhibit A
Page 12
(1) 10.8 The applicant shall satisfy dedication and/or reservation requirements as
applicable, including, but not limited to, dedication in Fee Title of all
required street rights-of-way; dedication of all required flood control right-
of-way easements; and dedication of vehicular access rights, sewer
easements, and water easements defined and approved as to specific
locations by the City Engineer (at no cost to the City) and/or other
agencies.
(1) 10.9 CADD Requirements - In addition to the normal full-size map and plan
submittal, all final maps and plans including, but not limited to, tract maps,
parcel maps, right-of-way maps, records of survey, public works
improvements, private infrastructure improvements, final grading plans,
and site plans shall be submitted to the Public Works Department in
computer aided design and drafting (CADD) format to the satisfaction of
the City Engineer. The standard file format is AutoCAD Release 2009, or
latest version, having the extension "DWG". All layering and 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
completed. No project bonds will be released until acceptable "as built"
CADD files have been submitted to the City.
(1) 10.10 Prior to issuance of a Building Permit(s), the applicant shall provide written
approval from the Orange County Sanitation District for sanitary sewer
service connections.
(1) 10.11 Any damage done to existing public street improvements and/or utilities
shall be repaired to the satisfaction of the City Engineer before issuance of
a Certificate of Occupancy.
WATER IMPROVEMENTS
(1) 11.1 Any water improvement plans must follow the latest City of Tustin Water
Standards and the American Water Works Association (AWWA)
guidelines. In case of a conflict, the City of Tustin Water Standards shall
prevail.
(1) 11.2 A backflow prevention device may be required to protect the public water
system from cross connections.
A. If a double check detector assembly (DCDA) is required, an easement
for public utility access purposes must be dedicated to the City of
Tustin. The easement shall start from the public right-of-way up to
the DCDA with a minimum distance of five (5) feet all around the
DCDA to allow for unobstructed access, inspection, testing, and
maintenance.
Exhibit A
Page 13
B. If a building sprinkler system is required by the Orange County Fire
Authority (OCFA), the applicant shall be required to provide a
backflow prevention device at his or her expense to prevent cross
contamination with the public water system.
C. If the applicant proposes to use an irrigation system, then a separate
water meter may be required. If this is the case, a reduced pressure
principle assembly (RPPA) shall be required to prevent cross -
connection with the public water system.
(1) 11.3 Any easements for construction and maintenance of public water facilities
within private property shall be reviewed and approved by the Public
Works Department prior to recordation with the Orange County Clerk -
Recorder. The applicant shall submit a legal description and sketch of the
area to the Public Works Department for review and approval, as prepared
by a California Registered Civil Engineer or California Licensed Land
Surveyor.
(1) 11.4 The applicant is responsible for all costs related to the installation,
upgrade, alteration, relocation or abandonment of all existing City of Tustin
public water facilities affected by the proposed project.
(1) 11.5 The applicant's project is within the East Orange County Water Distirct
(EOCWD) service area. A release/approval from the East Orange County
Water District (EOCWD) shall be obtained prior to receiving water service
from the City of Tustin. The applicant shall submit a water permit
application to EOCWD, and is responsible for all application, connection
and other EOCWD fees.
(1) 11.6 The adequacy of a proposed water system plan for a proposed
development project, including the number, size and distribution of fire
hydrants, must be reviewed by the OCFA. Plans meeting OCFA fire
protection requirements must be stamped and approved by that agency.
(1) 11.7 The proposed domestic water system plans must conform to all applicable
regulations enforced by the Orange County Health Department.
SOLID WASTE RECYCLING
(1) 12.1 Construction and Demolition Waste Recycling and Reduction Plan
(WRRP).
A. The applicant/contractor is required to submit a WRRP to the Public
Works Department. The WRRP must indicate how the applicant will
comply with the City's requirement (City Code Section 4351, et al) to,
recycle at least 50% of the project waste material or the amount
required by the California Green Building Standards Code.
Exhibit A
Page 14
B. The applicant will 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 in the amount of five (5)
percent of the project's valuation as determined by the Building
Official, rounded to the nearest thousand, or $2,500, whichever is
greater. In no event shall a deposit exceed $25,000.
C. Prior to issuance of any permit, the applicant shall submit the required
security deposit in the form of cash, cashier's check, personal check,
or money order made payable to the "City of Tustin.
FINAL TRACT MAP
(1) 13.1 Preparation and recordation of a final subdivision map shall be required.
(1) 13.2 Prior to recordation of the final map, the applicant is required to execute a
subdivision and monumentation agreement and furnish improvement and
monumentation bonds, all on forms acceptable to the City.
(1) 13.3 Prior to issuance of a Building Permit(s), the applicant shall submit an 8Y2"
x 11" street address map exhibit to the Public Works Department for
review and approval. The address map exhibit shall be in portable
document format (PDF) and shall include the site plan, foot print of
building(s), and streets.
FEES
(1) 14.1 Prior to issuance of each building permit, 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 plan check and permit fees to the Community Development
Department based on the most current schedule at the time of permit
issuance.
b. Engineering plan check and permit fees to the Public Works Department
based on the most current schedule at the time of permit issuance.
c. OCFA plan check and inspection fees to the Community Development
Department based upon the most current schedule at the time of permit
issuance.
d. Payment of Major Thoroughfare and Bridge Fees (for the
Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of
Tustin (through the Public Works Department) are required at the time
a building permit is issued.
Exhibit A
Page 15
e. Sewer connection fees to the Orange County Sanitation District.
f. New development tax fee in the amount of $350.00 per unit or as
updated by the most current rate.
g. School facilities fee in the amount as required by Tustin Unified School
District.
h. Parkland fees in lieu of dedication in compliance with Tustin City Code
Section 9331 d (prior to first Certificate of Occupancy).
(1) 14.2 Within forty-eight (48) hours of final approval of the project, the applicant
shall deliver to the Community Development Department, a CASHIER'S
CHECK payable to the County Clerk in the amount of fifty dollars
($50.00) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour period
that applicant has not delivered to the Community Development
Department the above -noted check, the statute of limitations for any
interested party to challenge the environmental determination under the
provisions of the California Environmental Quality Act could be
significantly lengthened.
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