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HomeMy WebLinkAbout06 4-UNIT CONDO PROJECT AT 1051 BONITA ST. (GENERAL PLAN, TENTATIVE MAP, CUP, DESIGN REVIEW)Agenda Item 6 ACGIENDA REPORT City wed: g Cit Manager Finance Director NIA MEETING DATE: FEBRUARY 2, 2016 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ELIZABETH A. RINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: GENERAL PLAN AMENDMENT 2015-01 TENTATIVE PARCEL LIAR 2015-139 DESIGN REVIEW 2015-10 CONDITIONAL USE PERMIT 2015-21 MIXIMENIM1. The proposed project is a request to construct a four (4) unit condominium complex consisting of two (2) buildings comprising 5,154 square feet total on an 8,500 square foot lot. The applicant has applied for General Plan Amendment (GPA) 2015-01 to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR). An application for Design Review (DR) 2015-10 has been submitted to evaluate the aesthetics of the proposed project while Conditional Use Permit (CUP) 2015-21 and Tentative Parcel Map (TPM) 2015-139 are required for the condominium development. On ,January 12, 2016, the Planning Commission adopted Resolution Nos. 4303, 4304, and 4305, recommending that the Tustin City Council find that the Negative Declaration is adequate for the project and approve the proposed project entitlements. Il ECOIIFfl111tl1 E V ®AT— OII V o That the City Council: 1. Adopt Resolution No. 16-09 finding that the Negative Declaration is adequate for GPA 2015-01, TPM 2015-139, DR 2015-10 and CUP 2015-21 for the proposed project. 2. Adopt Resolution No. 16-10 approving GPA 2015-01 to change the property's General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (IDR). 3. Adopt Resolution No. 16-11 approving TPM 2015-139, DR 2015-10 and CUP 2015-21 to subdivide the existing parcel for condominium purposes to accommodate the construction of four (4) residential dwelling units. City Council Report February 2, 2016 1051 Bonita Street Page 2 FISCAL IMPACT. Entitlements for GPA 2015-01, TPM 2015-139, DIP 2015-10, and CUP 2015-21 are applicant -initiated projects. Required improvements within the public right-of-way would be constructed and paid for by the developer. There is no fiscal impact to the General Fund. COO 'i' EL,�TI�� J TOO T E ST' ATEC�IC PLA�J: The project falls under Goal A of the City of Tustin's Strategic Plan pertaining to Economic and Neighborhood Development. Goal A of the Strategic Plan strives to enable business opportunities and job development and to enhance the vibrancy and quality of life in all neighborhoods and areas of the community. Neighborhood revitalization through private development is encouraged under Goal A. APPROVAL AUTHORITY: General Plan Amendment (GPA): Government Code Section 65358 authorizes the City Council (legislative body) to amend the General Plan if it deems it to be in the public interest, following a recommendation from the Planning Commission. Subdivision (SDS)/Tentative Parcel Map (TPM): TCC Section 9321 b authorizes the Planning Commission to review and take action on Tentative Maps; however, since the proposal includes an entitlement application that requires City Council approval, TPM 2015-139 is being forwarded to the City Council for concurrent consideration. Conditional Use Permit (CDP): TCC Section 9291 authorizes the Planning Commission to review and take action on Conditional Use Permits; however, since the proposal includes an entitlement action that requires City Council approval, CDP 2015-21 is being forwarded to the City Council for concurrent consideration. Design Review (DIP): TCC Section 9272 authorizes the Community Development Director to consider Design Review applications; however, since the proposal includes an entitlement application that requires City Council approval, DR 2015-10 is being forwarded to the City Council for concurrent consideration. City Council Report February 2, 2016 1051 Bonita Street Page 3 BACKGPROUND. Site and Location The project site is located on the north side of Bonita Street within the Multiple Family Residential (R3 2000) zoning district and designated as Community Commercial (CC) by the City's General Plan (Figure 1). The property consists of an 8,500 square foot parcel which fronts onto Bonita Street with rear access along a public alley. Improvements on-site consist of two (2) detached residential dwelling units and accessory structures such as a garage, carports, and storage sheds. Fugure I Surrounding uses include other residential properties, the majority of which are used for duplex and multiple family residential uses and all located within the R3 zoning district. Properties immediately to the east, west, and north of the site share the same R3 2000 zoning, where the 2000 suffix corresponds to the minimum lot area per dwelling unit. To the south across Bonita Street are properties zoned as R3 and consist of two-story apartment complexes as well as single -story detached residences. Bonita Street is a single block street with a T -intersection on both ends at Newport Avenue on the west and ®range Street on the east. The first 180 feet from Newport Avenue along the north side of Bonita Street is a commercially zoned (CG) and used property consisting of a small retail center fronting Newport Avenue. All of the remaining properties east of the retail center to ®range Street are residentially used and zoned properties. The streetscape along the north side of Bonita Street consists of single -story residential buildings with the exception of a two-story apartment building. Most properties along the street contain additional dwelling units which are accessed from the public alley. City Council Report February 2, 2016 1051 Bonita Street Page 4 The south side of Bonita Street has a self-service fueling station at Newport Avenue with the remaining properties on the block consisting of residentially zoned and used properties. The majority of these residential properties consist of smaller two-story apartment complexes which were developed in the 1950's and 1960's. In general, Bonita Street has a mixture of original single-family homes which have been developed with additional dwelling units as well as relatively newer apartment complexes which have been developed on single lots or through lot consolidation. There are five (5) properties remaining on the street which were constructed between 1911 - 1939 and have been identified in the City's Historical Resources Survey due to their age rather than significance as they are non-contributing structures. They are not located within the Cultural Resources (CR) District, and have been altered significantly. The Update to the City's Historical Resources Survey did not identify these structures, but included the block for potential consideration. These properties are best described as California Bungalows and they do not have unique character defining features or notable similarities seen amongst all of them. The primary residence fronting Bonita Street at the subject property is included as one (1) of these five (5) residences. Subject Property The primary residence at the subject property is identified in the City's 1990 Historical Survey as a "D" rated structure with severe alterations while the 1000 block of Bonita Street is listed with a National Register Historic Preservation (NRNP) Status Code: 5S3 in the City's 2003 Update to the Historical Resources Survey. The "D" rating scale includes pre -1940 non-contributing buildings which are not significant in terms of architectural style or have been substantially altered from their original style. A NRNP Status Code of 5S3 states that the property is not eligible for separate listing or designation under an existing local ordinance, but is eligible for special consideration in local planning. As such, the five (5) California Bungalow homes were removed from the City's 2003 Update. Figure 2 City Council Report February 2, 2016 1051 Bonita Street Page 5 The primary residence is estimated to have been constructed in 1915 per the City's 1990 Historical Survey and 1911 per Orange County Assessor records. The subject property is not located within the City's CR District. The residence is single -story with a raised foundation. A single gabled roof fronts Bonita Street with a small gabled front porch. The exterior of the residence consists of narrow vinyl siding which is a significant alteration to the original structure. Metal awnings are present above the two (2) windows on the front elevations, which do not appear to be original (Figure 3). Other alterations to the structure include an attached carport on the side of the residence as well as unpermitted storage areas, and additions which do not comply with the building codes. The house as it exists now has no significant defining features. Figure 3 County of Orange permit records identify that the second residential unit on the property was constructed in 1967. The second unit consists of a two-story dwelling with attached carport situated to the rear of the primary residence (figure 2). Access to the carport on the second unit is taken from the public alley abutting the rear of the property. In the middle of the property between the two (2) dwelling units is a detached single car garage which is accessed from a driveway on Bonita Street. Other miscellaneous structures on the site include two (2) storage sheds and an attached carport on the primary residence. As proposed, the project includes the demolition of all existing structures on-site. IP'OOJE�TD ,_M IOO�f The project involves the development of a four unit condominium complex consisting of two (2) buildings which would replace two (2) existing detached residential units. Several entitlement application approvals are required to carry out the project. The following section discusses each of the required applications. City Council Report February 2, 2016 1051 Bonita Street Page 6 General Plan Amendment In 1978, the subject property was annexed to the City from the County of ®range and was prezoned as Multiple Family Residential (R3 2000) prior to annexation. Also prior to annexation to the City in 1977, the property's General Plan Land Use designation of Single -Family Residential (SF) was change to Multiple -Family Residential (MF) under GPA 77-1(c) through the City Council's adoption of Resolution No. 77-38. The subject property's designation of MF was then changed to Community Commercial (CC) during a comprehensive General Plan Update which was approved by the City Council on February 9, 1994, through the adoption of Resolution No. 94-19. The current zoning of R3-2000 was never changed to be consistent with the General Plan Land Use designation of CC. The property has always been used for residential purposes. The subject property is the second property east from the retail center on the north side of Bonita Street and one (1) of only two (2) residentially used properties on Bonita Street with a General Plan Land Use designation of CC and a zoning designation of Multiple -Family Residential (R-3). All of the other residentially used and zoned properties on Bonita Street have a General Plan Land Use designation of HDR. The applicant is requesting to change the General Plan Land Use designation back to a multiple -family residential use as HDR to allow for the construction of a four (4) unit condominium project. Existing General Plan - GG Proposed General Plan - HDR Tentative Parcel Map and Conditional Use Permit TPM 2015-139 proposes to subdivide the existing 8,800 square foot lot for condominium purposes. The single lot development would accommodate four (4) condominium units. No changes to the physical dimensions of the existing lot would occur. The public right-of- way along Bonita Street is already owned in fee title by the City. The applicant will be City Council Report February 2, 2016 1051 Bonita Street Page 7 required to design and construct a new sidewalk along Bonita Street. CUP 2015-21 has been submitted as required by the Multiple -Family Residential (R3 2000) zoning district for the development of condominiums. Pursuant to TCC Section 9331d2, there are 0.0067 acres of parkland per dwelling unit (in a high density development with 15.1-25 dwelling units per acre) required to be dedicated for park purposes. When the subdivision consists of fewer than fifty (50) parcels, TCC Section 9331 d3 allows the subdivider to pay a park in -lieu fee. Since the private open space provided for the residences does not qualify for park credit, park in - lieu fees will be required for this project (Condition 4.5 of Resolution No. 16-11). To ensure operational standards that are consistent with the intent of a condominium project, a Home Owner's Association (HOA) and Conditions, Covenants, and Restrictions (CC&Rs) would be required for the project. These mechanisms are necessary to provide for the maintenance of the common areas of the complex. Responsibilities of the HOA typically would include, but are not limited to parking enforcement and exterior maintenance. Design Re vie w Two (2) residential buildings each containing two (2) dwelling units are proposed at the site. The buildings are designed in the Craftsman architectural style. The building fronting Bonita Street would appear as single-family home with a single point of entry on the street facing fapade. A single car driveway provides access to the property through a porte- cochere which is an extension of the front porch roof. This design preserves the single- family feel to the north side of Bonita Street. Access to the second unit within the front building is taken from the rear side of the building and is not visible from the street. A two (2) car garage for each unit is located in the middle of the ground floor parallel to the street. The majority of the living space for each of the 1,208 square foot two (2) bedroom units is located on the second floor which comprises 911 square feet. Balconies are provided on the interior side elevations facing the driveway and located above the garage spaces. Sate Man u. f - - PP9PEETv LICJE v. .. _: _— T i ' Q IINIT 1 LU : s l -y LNIT 3 UNIT 4_f� n — — — _. -tea AE LC rF�n , yi� � � T•- _ - +.,`.a. -:-1.:3.x_+..:, . f f _......_-._.�.._ _ _. _. _.. .r ,_ ._:.. F .:T.,--, ecu' Jeu rr_r� Front Building Rear Building City Council Report February 2, 2016 1051 Bonita Street Page 8 At the rear of the property would lie the second building which would contain the two (2) remaining 1,369 square foot dwellings units which are oriented side to side. Barking for these units is accessed from the rear of the property at the public alley. Each unit is provided with a single car garage space and a carport space adjacent to one another. Living areas are located on the ground floor and consist of 549 square feet with the three (3) bedrooms located on the 820 square foot second floor of each respective unit. Balconies are located on both the front and rear elevations of the buildings. �,t,7 L' :. Bonita St. Eevaflon Front Bu l6ng < t - 7T- I -- TF T -- . 1 TJ -1 F I Courtyard Mevafuon Rear Building - rr11 � ,O. AA IJ �I — —_- - - -- Courtyard Mevation Alley MevaUon Massing of the project is broken up into two (2) buildings to reduce the impact of a single larger building which would be more characteristic of an apartment building. The typical apartment buildings along Bonita Street occupy the full width of their respective parcel and provide vehicular access from public alleys whereas the detached homes typically have a driveway on Bonita Street with detached garages behind the front residences. The proposed project would provide a thirteen (13) foot wide single car driveway along Bonita Street through a porte-cochere extended from the front porch. The porte-cochere and narrow driveway further reinforce the appearance of a single-family home which would be typical on the 50 foot wide lot. The porte-cochere feature would also help to screen the parking areas and rear building which is over 110 feet setback from Bonita Street. Due to the narrow lot, portions of the rear building will not be highly visible from Bonita Street. City Council Report February 2, 2016 1051 Bonita Street Page 9 Site improvements would include landscape and hardscape improvements for a 1,618 square foot open courtyard area between the buildings with a barbecue feature for use by the residents. A guest parking space is provided towards the interior of the lot which is accessed from Bonita Street. Landscaped areas are provided to the greatest extent feasible in areas which are not needed as walkways or for vehicular access. Right-of-way improvements include relocation of the existing driveway along Bonita Street and installation of the public sidewalk. Utility improvements will be provided as needed to serve the development and will be located underground. Review by Outside Agencies In accordance with Sections 66453 — 66455.7 of the California Government Code (Article 3 of the Subdivision Map Act), the local agency (City of Tustin) is required to transmit one (1) copy of the proposed tentative map to other local agencies having jurisdiction. As such, a copy of proposed TPM 2015-139 has been routed to outside agencies having jurisdiction over or a title interest in the subject property for review and/or recommendations. The City received written correspondence from Caltrans which offered no comment on the project. Southern California Edison responded that the project would not interfere with any of their easements and/or facilities. In addition, pursuant to Government Code Sections 65351 and 65352.3, the City is required to conduct consultations with California Native American Tribes. The City obtained a list of local tribes from the Dative American Heritage Commission and provided notification of the required ninety (90) day consultation period which commenced on BVliay 26, 2015. The City received one (1) response for consultation from the Gabrieleho Band of Mission Indians — Kizh Nation which requested that experienced & certified dative American monitors to be on site during any and all ground disturbances. Proposed Condition 9.10 of (Exhibit A to Resolution No. 16-11 requires a certified Native American monitor to be on site during grading activities. The project involves the development of a four (4) unit condominium complex consisting of two (2) buildings which would replace two (2) existing detached residential units. GPA 2015-01 would return the property to the General Plan Land Use Designation for high density residential purposes which the property was previously designated for and which is consistent with other residentially used properties along Bonita Street. The neighborhood is built -out within an urbanized area and has been developed for residential purposes. The project meets the applicable development standards of the Multiple -Family Residential (R3 2000) zoning district. Demolition of the structures at the subject property and construction of two (2) duplex buildings to accommodate condominiums will not have a significant impact on a historical resource. The primary residence at the subject property is not a significant example of a California Bungalow at the local or regional level nor does it have a linkage to important persons or events within the City. Furthermore, there are significant alterations to the property from its original condition. The residences along Bonita Street are not eligible for City Council Report February 2, 2016 1051 Bonita Street Page 10 individual listing on the City's Historic Survey. There are other examples of California Bungalow residences within the City that have been listed separately within the Historical Survey as architecturally significant and of local significance. The project provides a building design and orientation reminiscent of the single-family detached residences along Bonita Street while still allowing for the massing necessary for a multi -family project. The project will enhance the streetscape along Bonita Street with a building which engages the street and provides detailing and features as seen in single- family residences. There is already a precedent for two (2) story buildings along Bonita Street which are commonplace. The project is sensitive to the area and responds well to the streetscape. Enhancement of the visual character of the site and surroundings will occur as a result of the project. E W RON M ENTAL - A Negative Declaration has been prepared for this project (Exhibit A of Resolution No. 4303). The draft Legative Declaration was made available for public review from November 12, 2015, to December 1, 2015. No comments on the proposed Legative Declaration were received during the public review period. As proposed, the project meets the applicable development standards set forth in the in the R3 2000 zoning district. TPM 2015-139 is consistent with the Subdivision Map Act and the City's Subdivision Ordinance. Analysis of DR 2015-10 has determined that the location, size, architectural features, and general appearance of 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. Accordingly, staff recommends that the City Council approve the proposed project. A decision to approve this request may be supported by the findings contained within the attached Resolutions. Ryan Swiontek Elizabeth A. Binsack Senior Planner Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Tentative Parcel �Vliap 2015-139 D. Submitted Plans E. Outside Agency Comments F. 01/12/16 PC Meeting Minutes & Resolution Nos. 4303, 4304, & 4305 G. Resolution No. 16-09 — Negative Declaration H. Resolution No. 16-10 — GPA 2015-01 1. Resolution No. 16-11 — TPIVIi 2015-139, DR 2015-10, and CUP 2015-21 ATTACHMENT A LOCATION MAP LOCA—j I -Dil MAP GPA 2015-01, � --irPM 2015-17--D I OR 2015-iQq Cc`VFFF, PRQYL71zf-:`� 1051 B0NF-',,,7\STREET 300' 500, 10040 ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): GPA 2015-01. TPM 2015-139, DR 2015-10, CUP 2015-21 2. LOCATION: NEWPORT AVENUE & BONITA STREET 3. ADDRESS: 1051 BONITA STREET 4. APN(S):500-152.05 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: NONE 6. SURROUNDING LAND USES: NORTH: RESIDENTIAL SOUTH: RESIDENTIAL EAST: RESIDENTIAL WEST: RESIDENTIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: R32000 SOUTH: R3 EAST: R3 2000 WEST: R3 2000 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: HIGH DENSITY RES. (HDR) SOUTH: HIGH DENSITY RES. (HDR) EAST: HIGH DENSITY RES. (HDR) WEST: COMMUNITY COMMERCIAL (CC) 9. SITE LAND USE: A. EXISTING: RESIDENTIAL B. PROPOSED: RESIDENTIAL C. GENERAL PLAN: COMMUNITY COMMERCIAL (CC) D. ZONING: R3 2000 PROPOSED GP: HIGH DENSITY RESIDENTIAL (HDR) PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 8,500 S.F. 11. BUILDING LOT COVERAGE: 65% MAX. PERMITTED 42.7% PROPOSED 12. DWELLING UNITS: 4 MAX PERMITTED 4 PROPOSED 13. OPEN SPACE 1600 S.F. MIN. REQUIRED 1618 S.F. PROPOSED 14. PARKING: 8 COVERED + 1 GUEST SPACE REQUIRED 6 GARAGE, 2 COVERED. & 1 GUEST SPACE PROPOSED 14. BUILDING HEIGHT: 35' MAX PERMITTED 29' PROPOSED 15. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: 15' 17'+3' PATIO ENCROACHMENT SIDE: 5' 5' REAR: 10' 10' ATTACHMENT C TENTATIVE PARCEL MAP 2015-139 +j �� 3HEE T OF I SHEETS ArL 0. v \LLL MAP i" 11, IN THE 11"'iTY OF TUSTIN COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A SUBDIVISION OF LOT 18, BLOCK "B" OF MARTIN'S ADDITION TO THE TOWN OF TUSTIN, AS PER MAP RECORDED IN BOOK 19, PAGE 79 OF MISCELLANEOUS RE -CORDS OF LOS ANGELES COUNTY, FOR CONDOMINIUM PURPOSES AZAAI PEARSALL & ASSOCIA 7fS INC., AL) AZIVIJRSARAA L.S. 7325 JJLYI M 5 PES SEPTEma" 9. 2IMS AVENUE JwW4 S" 1-524W fxls*,%C. i sTcAlf HOUSE HMSE 20' ---=20 L Ex GARAZE WM-\. 200.2' EX, FENCE - WAW 1 737 EX, CAPP0071 G ARAGE UANT 2 1 v GA4442E 5 W 2! f-1- -1 Tr i 'o3'3r'NG I STOR'f i I "Oki SE #1 C M -- - - - - - - SGA 06 '7 UA VG -TOR I -A SPACE CARPOOrl EL iX-'Zf4A* L*K FfNa EX'STROG I STCRY ExiS"NG I STORY J < 11061 80AWTA 8r L AA** IM lid z M FIRE 0 4YDRAN CD ORANGE AVEN1J'---' SC -4 E PuOuC SERACE vEKCutAR INGRESS AW EGRESS ACCESS PtOMOSES, ALI AzimijRSARAJ DATE PROPOSED RELEASE AND REU�VISHME14T Tri JK CITY OF TUSTIN ALL MD*CULAR AC(XSS AND RIGHTS AL04G BC041TA 01111' OF TVSTIN STREET, EXCVT AT A". 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TWO (2) CARPORTS 440 ONE (1) OPEN VISIMR TELLP40NE - PACIPIC BLL PAW. ING SPACE. CAKE - AT&T BROADBANO EASEMENTS.- 0SPOSAL - FEDER& DISPOSAL 40 E)OSr-NG EASEMENT'S OF RECORD PER WESTERv RESOURCES TITLE REPORT NUMBER 99740 (RR) DATED UK 24. 2015� im*w AAA ft (A-) PROPOSED EASEMENT FOR Ek*ERCE.NCV VIENICLE ACCESS. AND SC -4 E PuOuC SERACE vEKCutAR INGRESS AW EGRESS ACCESS PtOMOSES, ALI AzimijRSARAJ DATE PROPOSED RELEASE AND REU�VISHME14T Tri JK CITY OF TUSTIN ALL MD*CULAR AC(XSS AND RIGHTS AL04G BC041TA 01111' OF TVSTIN STREET, EXCVT AT A". OVED ACESSS LOICA10N, UVV'q.CERR tim' SUBDIVIDER: SURVIRVOR., REVISIONS TP 9',% TIVE PARCEI VJ *XIAIM .!!R_ DA rt 210117-431) 11%, ';;AL4<MAsA ,Q04Af . Ut ADO ALt k ASSMMITS. *PC "h" AV". 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PIPE I AWK441mas 101"If relAft 1"" "D " rdu"jo -AP44111 !Pit 1;0§f4fAL C00400111.11 U4&1& 94 MVEACO Ofm 181 At a ftWO 90 $*Mk*W 00 MOOMD WAM ftopq& im 0. *Will fto% nasal am 'OVAIM amem 0 ft tomme 0 maisam W f&,oa an a mom cAsbow I do A la k I v ke" was so - a" am Imb. " GMW 4 so lb • P%.Ow bA AU MAI. C'C"ItAC1041 10'"U "OVO4 A" WAAW1110 P9011<111()0i * to .rt 0 Wtsb.~.Po op"NW -am 1.1opm 00" ago imm 9.4bo4semo- am h1w &cC4UC*#G Wf NO# "10 10 00%;o4P&;;. 6*A4C##IQ, -V Sit tacotdi# I to MA"a,600vtorhil, 110160011011PA6 ami &ouANS antal 0w, KN -Of OWUP BOOM GUM Weft r Whitio'cisom OA.Mg" dod IL f," OA" -1401 IS 14~ 0 ftw 40t Mt4%kf lot W.4b§ft# At k 06110101LEK04 Af 0 CU 1`11110 40 2,iAtk M Pillf CA" f* Ili A %4kL* a 0& 4. orwan Ooftft *mom Oak*# *a aur anoftim do &=low "M dponaw CL Yirwf airrrrttatMir wMiriM. uft%nop"mb Ado left cern Arev W�dkM 48 .4MdML *4dW 60 Iminam " #0 St ONONOft� 00 SM" AM* I I Ad f"Q 0% NEMC" 0f41u4t A Chfftf P A M& " 113 tall froc, 44cwo ilwar No on wmw IS moadivow me somamme, -mr -100" Seems ous me Ara4t mar.6bftoL4ka6 6-0" wit aw"M -Infift mommos, imseaft awman Old to 0~ a aw-whose a. ls .4A&,LA M VWX-111,1011411 110"A4 W CIA to Acctfl MILL v1"r$ LKOC111"t a Karl AS DAIA"o of SMOOD ttong -040.0.AWW 0 dOW geaftempeo erose~ natame A # to milme" %W is does "ftftft%K^&VM"I&ti ltmmmarm 0400 -- 16 k%mwo 0~ ad as wm a & pot a fto a a on imam do tr/*New we d ars- ALL hir-14WAL 1114CHAW. #4 AMD ftQ%1VfQ 111000A 04UL ;: (**" FA 141 tell tl<Nft PofitAft Of LltiAa4l cumntusio 41000001114t1 V.A 0040 A01101C 11100161 41, amok" 0 000 0 #maw" our GW%d ado maw -ft Ma "ft4i 0-.~ me 41a two a as amftea vi, rAmmem an commas vubwan or to to" latalrriatat aw-wanoweemash, b ft dftqft aqw-9 &OWMO 0 o- imo ago -d ft &Nft* am.sasbwawwM airaRumemse JIAL aAll A"DILkAlbou $04AU C60AP10 P004 ALL AM%KA*Lt rlct►DtwSCOM At WILLA AS 44 U 3 C417060141110 MOOVILI SAMI 4AA11,44004004f i3I416fVL1f1*CU""* it 0#111 Intl 0 P*OVMI X!11: WAIII 110" AND 4�ftAIjQeo04 C*"K,fdAAt4a E Lomwow4 mom "*maw% mlac Maw ww-ft irit ads, .09 amipum act "mace. 4, *Aw ow on im"'no innag owv% odawasimes, L ,a &Nwman -q~ goona 4 mom arae commasAtes idea a* main Nam"" W4*4ar ennead 1*-Owww *"-MOM -M&MO Pftb.0 01110 c wl *MANI WOOftseewmqqpnmammb "M"im Vallecas" 400w% rd19x adn dowmaid owwas low Ok"MM saes " an fidnimid save* 4^44- 1. iC I 11121mlop 0004401 Sit"tp C(>*A'PLV Oww Act MICUM, At CPA" #4 PAS AS OUNNED Od Ail LOC AL ft* 0060 C CAX*. COtMACtOO WAAL ASS&I OWF*# 64 00TASPAW44 CIRIMATS CO b= O%d W% 8W 00 ONO W^Mft 00000 0 OW&M IN 1699011 V*d* It P..ft am"ar. some mop" mom softo 0 as, ame. 41h adadkww 04wd 40 so am** woo& 1110 400 RMW %0%& omw Pit sena mot -ow, -wis, so maw ftAftfto&IW 'ow commas. . 000 momob" 4AW adle". a OW WWO w OW SOMM 0 I&OWAYA * JW 40fto 040ftOW 0 we immosdindimir 4§ftft 0 "mom 4. tilled *4%ndRSNtar "pian RrMeaAiaaaiaaa OC IL40 ApmC C C4 'OC CLO A tedL v KOLW a $ I,* CASI AN r -2&4*A1 CC*ft&4:10*3AA11 MOA 46 CA^ 01111INS1 A104CI C04C 104 D4 " 110640041� CQW&IOUVION At k1Q*AK0 10 ^NQ It4Q*j#dh 4 ##SNOW dWO Wall *Woo* do inammof Sop 00 mir-Apa asp -.@W sammaeaft me "me" 0im" so AW40WS�OMM"�4D OMO I ftf MOW %& 00 %O46dl6 "Al al, SAN &W*-WftMWWA%60 lab"p, mcasmaw b6owmep mar w oft woo our seven colors omdd& a me id al WNW clown smilimmews vemem ft " admi-sim wimp w amem F, " Me 1-4 *4 kd If P. ftmomil SYMBOLS "JA4 fttifftff'�j *00twi oil, *^OW 00 our ONO V-M&"g 0 4" ShMOSAM b VIS ff§W?.W PROJECT TEAM NOTES SUNOW, NiAatN SICUMM,ombig RRERVOU 3"w M DO** Wtov" 0 0"A w oftcId.)* am � to Ck w"14.0111 PawMEi awdAtutopoce #4r,<"A MoMijo hot& 9"twe"Ci 011MI11110K I ftDit 04A WO CJ%,.* of to" 14 f CL*.'U# too. �qj 0* %4#4CW $0411 Zw"wo 06111"0" M1000JANCCISS091 ftuLft"" "A011411 C llirfu 4 -r"A; -To i t A"A.1 vikprmom I I b 04>clilh f L u 14C 10, Du"U kuff NEW"! 40A31 CA ON67 '�-"!�nnqw�Lt AQX pn"km" Tft L OS! 44,S'2i$jj L"LNG NW41IT90% ww" 11110INVOYTEG MIGNS PC tu111106 CA %.Mfll &A uAlit no ILL f?14j4.i:,S1M ftX"1kIH4A"j1I CA *.-A* ;yi* 54Siititl NOR i -W MCKVO4 CO 1"AW1 ANTS 10 AW SFr 4M MANAM IYSIW C P9011441111M W) UXID WA41L PEWLIt" @fJ*QQQC(1 XX PAk?KUAII CI()*4f0rviCWJ#* WAST* MA03"S Ob f11As1fWAjj* 0~440 CIN C0N$?%VCfXq4 ants OT COMMUCIL*4 ACIMW SKA11 K ftACf0 Cl[MVINED OR DeCKABCoM INK.; FK S"M 001MIP 010 MOW MAIN %?1*M 1#0TE-IMA 1F`0t0AJf<'1 Witt HAVE A SPIP90 UP SYSIE).4 L WHJC4 Mtk Of SOWOUD A$ A MMIRFU SUNAMAt W.V,TtA.'"K"t P*If, 'ifR* if At k DVA(fW?4S Ott SO[ PROPOSED SITE PLAN I SCAU L - : V -a' VICINITY MAP k*ww C6AW ft Ile 1 SO4 UAEf)k CURRENT CODES111 co"51rucm-ed S*+A,L, CIC 2E 13 CjK X13 C CEC X13 �lT1-N PROJECT SUE SCALE: m, I S i � PROJECT SUMMARY UAEf)k CURRENT CODES111 co"51rucm-ed S*+A,L, CIC 2E 13 CjK X13 C CEC X13 �lT1-N fa CA 4 T+ RGV CODE 21V 3 EDWIN CA. r,-^ M CCIDA 11t 15 WW-Jf4 )-f CA CA4W4 bU11JDf-X' , STANDAICS CLIDE 2013 EW11001 1, M TOW- Ac SiA 00--, COM 25 13 f0ft'Xi J. ExiswimG xu&Dtw,- Coo f X13 ECAIC44 K, *4jtft4Ajb6,V4AA P"L9011 F.1"41FNANCE COC4 Xl� EDPION L LnWOW VMWAVdig Fooi- SPA.4L ft*t NO CODEX -112 ErMON PROJECT DATA ZI ZA OE-valwN Of TWO How $ " ;d►i+►�E CC*4TjWTK)N T0vw&4fwW-1- Wh 2 CAR LIP-, OAAPI r AMY ZCgIiko li-31, r"A4 lot=. APAAIUEN-r tiWif-I &0"fk f44 ?BrNfS4WIE AREA !iM A".A §L41A?rG FOOTIF11*41 AftA sQ1 so: LL)f 4wwutA "ft041vkt L*r i L31 WA A-VAILAALL Pff k*41 i 12S pme z pN4%% M fVfAoj$$jkk LOT AKA Pt. -k utJ! IAWWrjmf A 0 SaCrS 0 z < tEIT z 0 u 0 02 2! '' CCTYlEt3 SPACES PEIR 0Wft LING Vf10 PLUS 4 ~1="M T spAcrr Foo riit 4 "s WANt%WM PA04NG IPARW4I.5 0*0 #1X0 L"T S4ti1lA�1!f G�r L" r M&A L&OM VA r Af" I Isr! too tn? 0 8401R$G4 1111 AFt uj t AMA 4!* GkAME - AM IF X 2 462 &F Lu INDEX OF DRAWINGS Lu > 0 Stow C, fC#<k!4AptqC U*R (11, 5"ttic? D<Aa.)PLAN SWI CS GVA0#4GPLJ6j1j A2 i WE PLAN 9" FLAN Al -4 MS1 ftoct PLAN WCOND *LLx*- P%A)4 bd%A4wpw stiiome- ONO .64 am ""04 -0-a4t it - At I, 040.0 0,4 4 E97tw* ufv^A0W Ell A-44 (149** K&AWOM 06a 3 WON" htVAW.*4 AO. I si Iioftw, ifs R302.2 TOWNHOUSES: R -VU Townhuuu& FAKh t~bms,.- "I be cwWWrtcd a wpArAhe buiWing &W "I be wp"cd b3r ra4cJ wall awniblia nitwung the aqWtownt& c; Smtion RV2 1 f C)Ltcfiqr *3111. VAL-eptiam A zvaunon 1 -hoot zwawrAdy teWd iso acc*rdame With ASW Ii. 119 4-n UL 263 is penWood for wwribmics of sw-h walk 4o not cim- tivit plumbing or nwdurucal equipaww. dwft or yeatt in thr,;.a% ily 4 the mininon w4l TUc wall -shall he racd (tor fire "pmuic fAxn both %idn vAd OWI extend to and be t 1 -stet "W werwr walls and the anderwk of Clic iouf MWaWnj. r4-atift4glUXIM Shull b*A1L4&lkd ill uxonlare with ft GjW;fomw Elecirkat for. Flowra- UOM of elft-aic;d Outiel bolm QWI W in bwtNnuw-- wits Stcum 8302.4, R3021A Cmdualty. IN-, rim-rcsimamo-rated wall or "WMbly Separ.tis tuwahouscs "I tot cunfinwAx trum dw fourAnux to the undmuk of the roof shealh nj. dft* tar slab. The tiff -misunce maS It exteM bw full leaph of the wall or 43i'senibl), llwlwfint Wall elwalmou:i thmgh and wparAbny, &tfaChCdL CUCIOStd a$-VC&VX) Structurm R302.12 PorWt& Pmapcu 4;(jutract od in aww-darwc wilt Smuon R302.13 "I be coaxtawtcii for iownIkou-x& as an etknzim of exterux walk car comrivan walls to xxvnismv with the fralo"t I - VAwre rod zurfwm ad*=t to tht,%zli or walk wa at the Mme ekwation, the Par" &ball CA *Md To km Ow 30 tach" (762 -mm) abom aw rAW av- fam, 2. VAwm rmf surfs= adjaccal to themalt urwally ate At differt"t ekVaiOns am ft 1110her ro:)( 0 AM rnwc than 30 wdm 662 mm) ubove the lower nxL the puapewsball wuO m Im dw -V twheA (762 mm) Amedw kmtr ro0uafwc. FzctpUdwt.A pwtpot ts tint miqwfed in the two Ca6ft *oye *kO dw-V*t is COVCAA with a Dun- UMUN CIA" C roof comins. VW the Mof Ot�, Of SbWW9j iS Of DOMOMWShbIC nVWUh tV appiuved fuen%vdAat-tmwd ww-td for a d6- tance of 4 fed 0219 mm) on each jJ& of the W_ '$ILI L ,T,W&tlS, Or OW Jaya a )/j_jnCh (tS.9 tyntl) Typo X upwtv bwd is 'waalkd dijectly btucalh ft roof do0aastw-0-1— fW-1 "WMO,"W*A WIW ky a tnininww of rAmwW 2-itwh (51 mm) Ud- -xcrs atujwl to ft atits of ft roof fromrig. for 4# mmmuni dj*u=44 9M. OM MMI on CA* site of the W.91 or walla. theft are no Wcaings m pcmtrixtxns in the rod widon 4 fit A 1219 aLm) -4 (W trauma walls. 3. A WJPVA LIS stat rtqU," Wbaft ft*f $Wf^:t- *d ,�G_ OMS 20 *C W311 Qf WAJU AM ;K MCFM CitVations and dit bigirr roof is nun dm 30 imhn t702> ) &Wve the Iowa nmf. The coaume wait coosuuc- tm fmm the his. aW to the uyweru4k of the hilftr aW deck shall hive nom Ifts than a 1 -hour fist r tart a rating. "I'M *,AD "I be- twrd tcw exp*wre from both si&-. RX23J PArUKt COMMMIOU. f*4PC% "I hA-IC tile Sam fire-rrwa-swr rating a that rv*red for the suppork ing WAII Or 14SHL. On 41xy 344C of tO A VJUf NU11844, dv POUPCt $ball have OL"XVkb"tjb1C two ft'W the UPPCr- raou 19 its (457 rrAnL to include coumerflWuns uW ,coping awaWs. VV1xm tb-- Mf sk)pa toward par4xt at SkVC4 great "M 2 wult vert" in 12 Units howiWial (1,63-percw sk4v), Ow PMNW all exMW to the MW lidgNio any pxum of tW roof within % dist*K-c of 3 foo (914 mm). but m so QW sl I the bwgbf be ku dion, 30 ilk-bes (M Mm). 830.2.4 &rwtunl indeptudeaft. Each i"vidual re WK)uOir "I be aructurally iAd*PCA&aC Excepoow. 1. FOUAdattow, SUIXXVIing exterior -*&us Or MU - MW WWIL 2, Structural P:)of &W wadi rt thing frim each unit may faun UO the COMMnn *A trainifte'. 3. N(MUtMdMI wan and Tog. Comings, FwJwag st wm"uoa of -rwf cavvtik, Qvv COMMM W011, S. Townimwa sop trawd by a wmawn Hmr fav, tesatare-rated wAl as proviJed in Stction R X121.2. U tj E El S Sf z 0 C 0 z vs LLJ C) cn LJU U 0-- z 0 75 M =2 Z 0 < t— F= Z LU 0 0 LL Z -i LLJ rid PROPOSED SrrE PLAN PROP` !.'iED ROOF PLAN 0i auvin Ml it 44 f cr cr It > < 0 n z z 0 U 0z14 C) � �rj - z CL LL. 0 Ci0 z LU z 0 mesa AeTINL PROPOSED SECOND FLOOR PIAN U SECOND FLOOR V1 PROPOSED FMS TFLOUR PLAN tole sr C"Kh SPACE < z 0 U 0:!;e z z M. ad 0 0 i U - CJ C, -'y ck� a_ A2.2 ON ism iVIII .,I I. I�Iflllllllllllllllilll � 'moi I� ��' I�I 1 ��v1�1. �II Ct)UlR'rYARDFln- rA71ON Mrr-tAND2 -UP SMFZr ELEVAITON U= i AND 2 COURTYARD ELEVATION UNrr b -IL 'a tMaMMwrr!fltt Vill At AL *ArA" CP w'r ft "'Aw mwQ*AA&i# r #1 J, 3 EXTERIOR ELEVA < C-4 0 c C) z < ) 2 u z 0 u 0 co:z #: — — 2. FP� iiiz 0 uj -.1 LU 0 CLI, x LLJ A4.1 I -Uz i,j 17-1,17. 171717,71 I L !»l ELt-7 B3 W, 7 --- --- -------- - ------ --------- a - - -------- 7H 10 SIDE MTAnON ]UNIT 3 AND 4 EXTFRIOR ELE N SIDE ELEVATION UWIT EXTERIOR ELEVA. -7 0 t= z ZDV 0 C) z V) z 0 uj -.4 LLI 0:' 0 LW I --- X uj A#mift - AS, L~#A4.2 .._1 f1tI It V._ -._r .. - ..y. ..... a y . 1 . w. .- 4 1 ♦ _.♦-_ 1 SIDE ELEVA71ON UNIT i AND 2 � .J�{ ►',.�1'"4lai\tldMr.Ts+`a' I ...ia� --s i.. a. �. .I�:rY+Gl7,1sAMAi� .fr V ri .0 +.t, yfy'},i. I { fk id•v-.0e.%ah-OVA /+iT tf+�l��t'`Y_'a'�"` ,i �.` �-yl���w. i?riRsaw.rir r ►. al u.a ,1•M-9. 1f f L J.^ i } ` 'Z i .� Z { a;....i i ♦ �' to i - wMRM.t : . • .iirf r ., rHi .\ it �� _.. _ . __ ._... _ _ _. j r ^ +�.; ii>yt w . n .:1 . �'\_.._� ._ .... __� � .. ._� .... .......... _ _.._..._.._._._._•__._ __ _ --____ f � ..+sir 0.+wan :. rte.: bMe.1�Pa IF Et _ — ___— i maw .� _ _ �- �• �, _,�, i - _ --_ _. ._ --_ ,; .. o.,+.cr.:x :•*-tis': 4 SIDE ELEVATION UNIT i Ai l).e E XTERIOR ELEVA a 2 2 4 i a; ya �a Z Q Z a' 1 i- I .t OU 0-9 .� rL 7-7 *_ H r_. G`3 v'1 z a W LU /� e cm: LU I' x LLJ vial X4.3 ENU W., Vt. AC 3* PWS*APF WATI POOPSIRIV E Oct WIM ttfVA?K^ Aw W" sec0s "o V%"" SLOCA lot --Wft LOOK FOOM c4por- %"vl*AY stwco W-olott lu" vwm Wl" ANO s Sow cri"St. rA %4W 6*QW OAU cl- STQ%V COIN" w VOft *&A^ S.-Ao" oslw4r nokfouo �Muliti++t STIP F."KV L4"T Vt^&. up" Itur"OK W* ll"_ OPA" r4 i rs lc* rA *4cv CANX .. ............ 4A to p of cow-VtE vw,;" 0000 — — tv ofttor 44V :)ft"o vftu! 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BLO(M B OfMARTIN'S ADDITION RK 19.79 Iffy OF irusnm ATTACHMENT E OUTSIDE AGENCY COMMENTS Swiontek, Ryan From: Andy <gabrielenoindians@yahoo.com> Sent: Tuesday, July 07, 2015 8:32 AM To: Swiontek, Ryan Cc: Christina Swindall Martinez. Kizh Gabrieleno; Tim Miguel; Matt Teutime7 Kizh Gabrieleno; Richard Gradias Subject: General plan Amendment (GPA) 2015-01 and design review (DR) 2015-10- invitation for consultation Dear Elisabeth , Pursuant to Section 106 of CEQA, please find this email as a response to your letter about your upcoming project. The homeland of the Kizh (Kitt) Gabrieleno, probably the most influential Native American group in aboriginal southern California (Bean and Smith 1978a:538), was centered in the Los Angeles Basin — although our Tribal territory extended eastward as far as the San Bernardino -Riverside area, southward as far as Aliso Creek in Orange County, northward as far as the San Gabriel mountains and westward as far as the coast extending out to the Channel Islands. Your proposed project lies within our traditional tribal territory in an area specifically once where villages adjoined and overlapped with each other. The notes of historians, ethnographers, archaeologists and anthropologists (such as John Peabody Harrington, Lowell Bean, Bernice Johnston, and William McCawley) have provided us resources referencing these village sites dating back to the late Prehistoric and Protohistoric periods. These villages were based on clan or lineage groups and their home -base sites are marked by midden deposits, often with bedrock mortars. During their seasonal rounds to exploit plant resources, small groups would migrate within their traditional territory in search of specific plants and animals. Their gathering strategies often left behind signs of special use sites such as grinding slicks on bedrock boulders. There have been countless sites throughout our territory where not only artifacts have been unearthed (i.e. mons, metates, bone or rock tools, shell jewelry, cogstones, soapstone jewelry, or soapstone effigies to name a few) but also, unfortunately the human remains of our ancestors. The Native American Heritage Commission often refers lead agencies to the respective Native American tribe because they are not the experts on each tribe's cultural resources, nor do they have complete history (both written and oral) regarding the sensitivity and location of historic villages, trade routes, cemeteries and sacred/religious sites on any given tribe. They strongly recommend that County or City planning agencies involve local Native American groups in the management of cultural resources. Native American leaders and representatives must be kept informed about proposed development projects, particularly those situated in potentially or known sensitive areas, so that their concerns may be heard. It is also recommended that City and County planners encourage the use of Native American Monitors during the course of archaeological excavations. Therefore, in order to protect our cultural resources, we are requesting one of our experienced & certified Native American monitors to be on site during any & all ground disturbances. Our Tribe, a non-profit 501(c)3 organization, provides this service as an independent contractor and we have Tribal members who are trained monitors, some of which have HAZWOPER certification if necessary. In addition, liability insurance certification can be provided. I am available to speak with you directly regarding the specifics of this project, my concerns about cultural resources and the arrangements necessary to provide monitoring at your project. In addition, my Tribal Secretary will handle any paperwork, contracts, quotes, insurance and billing information. We look forward to hearing from you. Attached is a map which in boarders our tribal territory Sincerely, 0 >' Andrew Salas, Chairman Gabrieleno Band of Mission Indians — Kizh Nation PO Box 393 Covina, CA 91723 cell (626)9264 1 3 1 email: nabrielenoindians@vahoo.com website: www.gabfelenoindians.org Dr. Christina Swindall Martinez, secretary cell (818)406-1392 email: christinaswindall@vahoo.com Ga6ric6mo E>anJ of MI'"I'on I nJ*ians - iz K' Nation Tribal territory map 2015 0 4ftVr OAK W* M.♦..►r .. -� Mm rtws sk► r.*r. • i 4mobho gr IIIMIII �,,,. 4= s Woos + awe MMM�wwl►. air�+rw�wr y►�w.. i. tli1� s... �` ♦ �• �M1�1►I ► r , 66ft w...... «,�, �.....• .w. lV► e a, r 4b..., wAA. 400104MM ,r r Ones { The above map shows the delineatior of traditional abrlele o/Kizh teal territory on a morn reap. This represents the compilation of ethnographic, archae ogical, anthropological notes from the resources below Includfg the oral history of out elders. Our southern boundary Is AIlso Cteek which has its confluence with the Pacific Ocean at the Laguna Miguel area, Our northern coastal boundary was in the Wilinity of Topanga Canyon south of the present city of Malibu. Our territory Included not only all the coastal zone Sween those two points,, but much of San Fernando Valley, it extended eastward along the San Gabriel Mountains to Include the entire San Gabriel Valley extending to Riverside County. Our territory also extended out Into the Pacific Ocean into what we call the ` to of Ki h." 'IlVitMn our sea Iles our four islands: San Clementel San Nicholas, Santa Barbara and our best known, Santa Catalina. REEIRENCES- UW% tovoms )DIM Ow%*a.sr� Mme, Sftv" w. . sowm O( port: bVStn 1 snd *W kftsioo Sol Gsbrw of 173S rr tht e%tMY, vw. *O. no 3. pV 1020-3930. G&br F*W1nota. Marrxwripu on fik at the kmtoUlAAtlri *p*k*► A+rt ts, sm"ths&van tr+stltutiont Washngftn D.C. Hetwl IL f. M. The * DU of Los Arq t3 C&J"V, HUP 5 UUM of 1252. soudv** i Muwwri Nom 21. Los MgOa Hung Ow" dambs" o11ut'ssIm Sim Gab tf mcook ots jo11r3wft 84W(** 1962 C8110MUb's Gibrt&v Waft. S"hwest Museum FUb4 aK"& los Argeles 1 . Tho rlkt Arqtbom IM QbrWwo WxMm of Ux Art eawwq: M&W Museum Onru and balow ftm Sa6s. ErWe wW Andrew SaUs MI bD per. Orad bbbxv 6xwnerftd in w t m vW wWin Tr" amhvn. 3 DEPARTMENT OF TRANSPORTATION DISTRICr 12 3347 MICHELSON DRIVE, SUITE 100 IRVINE, CA 9261246394 PHONE (949) 724-2086 FAX (949) 714.2592 TtY 711 www.dut.ea.gov October 27, 2015 Mr. Ryan Swiontek City of Tustin Planning Division 300 Centennial Way Tustin, CA. 92780 Dear Mr. Swiontek: 0 Sedate Drought. Scri udrought. Help save waren RECEIVED NOV 02 2015 oww"ITYO File:IGR/CEQA EVELOPMeHTDEpr SCH#: None Log #: 4543 I-5 Thank you for the opportunity to review and comment on the General Plan Amendment 2015- 01, Tentative Parcel Map No. 2015-139, Conditional Use Permit 2015-21, and Design Review 2015-10. The proposed project is for a four unit condominium complex consisting of two buildings comprising 5,154 square feet total on an 8,500 square foot lot located at 1051 Bonita Street within the City of Tustin. The project includes General Plan Amendment 2015.01 to change the General Plan land Use Designation from Community Commercial to High Density Residential. An application for DR - 2015 -10 has been submitted to evaluate the aesthetic impacts of the proposed project while CUP 2015-21 and TMP 2015-139 are required for the condominium development. Caltrans Local Development -Intergovernmental Review program reviews impacts of local development to the transportation system, including the State Highway System. The Department works to ensure that local land use planning and development decisions include the provision of transportation choices, including transit, intercity rail passenger service, air service, walking and biking, when appropriate. The Department advocates community design (e.g. urban infill, mixed use, transit oriented development) that promotes an efficient transportation system and healthy communities. The Department or Transportation (Department) is a commenting agency on this project and has no comment at this time. However, in the event of any activity in the Department's right of way, an encroachment permit will be required. "Provide a safe, j"ohwbk, lnlegroted and 6clent tramiportation 3) -stem to enhance Copia i economy and livabl y" Mr.Ryan Swiontek October 27, 2015 Page 2 Please continue to keep us informed of this project and any future developments that could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Aileen Kennedy at (949) 724-2239. Sincerely, �g MAUREEN EL HARAKE Branch Chief, Regional -Community -Transit Planning District 12 "Pro Ide a safe, su olnable, Nsegrottd and efJ7clrnt ininiporladon system do enhance Cal%mla's ecammy and /hoblNry" SU11111F it\ G, L II Cft;11a EDIS®N ,,;,,:.,,t; City of Tustin 300 Centennial Way Tustin, CA 92780 RECEIVED NOV 04 2015 COMMUNITY DEVELOPMENT DEPT Attention: Planning Division Subject: Parcel Map No. 2015-139 October 30, 2015 Please be advised that the division of the property shown on Parcel Map No. 2015-139 will not unreasonably interfere with the free and complete exercise of any easements and/or facilities held by Southern California Edison Company within the boundaries of said map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If you have any questions, or need additional information in connection with the subject subdivision, please contact me at (626) 302-4473. Steven D. Lowry Title and Real Estate Services Corporate Real Estate Department ii,, u',:,;tl- l A 91 5711 ATTACHMENT F 01/12/16 PC MEETING MINUTES H RESOLUTION NOS. 4303, 4304, 4305 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JANUARY 12, 2016 7:02 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Altowaiji ROLL CALL: Chair Thompson, Chair Pro Tem Lumbard; and Commissioners Altowaiji and Kozak EXCUSED ABSENCE: Commissioner Smifl None. PUBLIC CONCERNS CONSENT CALENDAR: Approved as 1. APPROVAL OF MINUTE, DECEMBER 8, 20*1 amended. RECOMMENDATION: That the Planning Commission app :1 lees the Minutes of the December 8, 2015 Planning Commis�A 7, 1 meeting ao i mvided. Motion: It was moved by Kozak, seconded by Lumbai-:A to approve the Minutes of the December 8, 2015 Planning Commission meeting, as amended. Motion carried 4 -0 -1 - Approved. 2. 2015 CERTIFIED LOCAL GO' 'ERNMENT (CLG) ANNUAL REPORT The CLG Annual Report summarizes the City's historic preservation efforts and describes how the City met all of the minimum requirements of the CLG program during the 2014/2015 reporting period. The Annual Report will be transmitted to the Stat: Office of Historic Preservation prior to the January 15, ?016 due date RL COMM EN DATION: That the F tanning Commission direct staff to forward the Annual Report to the State Office of Historic Preservation. Motion: It was moved by Kozak, seconded by Lumbard, to forward the Annual Report to the State Office of Historic Preservation. Motion carried 4-0-1. PUBLIC FEARING: Adopted Reso. 3. GENERAL PLAN AMENDMENT (GPA) 2015-01; TENTATIVE PARCEL Nos. 4303, & MAP (TPM) 2015-139; DESIGN REVIEW (DR) 2015-10; AND 43041 4305 as CONDITIONAL USE PERMIT (CUP) 2015-21 FOR THE DEVELOPMENT amended. OF A FOUR (4) UNIT CONDOMINIUM COMPLEX AT 1051 BONITA Minutes — Planning Commission January 12, 2016 — Page 1 of 5 STREET (CONTINUED FROM THE DECEMBER 8, 2015 PLANNING COMMISSION MEETING) Yenny Ng Designs Architects 1524 Srookhollow Drive, Suite 6 Santa Ana, CA 92705 LOCATION: 1051 Bonita Street ENVIRONMENTAL: PROPERTY OWNER: Goliath P&M LLC 10 Dunes Sluff Newport Coast, CA 92657 A Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) Article 6 of California Code of Regulations. Title 14, Chapter 3. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4303 recommending that the (, aty Council find that the Negative Declaration is adequate for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10 and Conditional Use Permit 2015-21 for the proposed project. 2. Adopt Resolution No. 4304 recommending that the City Council approve General Plan Amendment 2015-01 [o change the property's General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR). 3. Adopt Resolution No. 4305 recommending that the City Council approve Tentative Parcel Map 2015-139, Design Review 2015-10 and Conditional Use Permit 2015-21 to subdivide the existing parcel for condominium purposes to accommodate the construction four residential dwelling units at 1051 Benita St. Altowaiji Due to potential conflicts, Altowaiji recused himself since he has conducted business with the property owner in the past and may do business with the property owner in the future. Swiontek Presentation given. Lumbard Lumbard asked why the project was not "spot zoning'. He mentioned an application submitted months ago which seemed similar to this project therefore he wanted to clarify the distinguishing characteristics. Swiontek In response to Lumbard's question, Swiontek stated the following, in general: the zoning would not be changing; this site was already a residential use and zoned property; in 1994 land use designations for a number of properties along Newport Avenue was changed at a comprehensive level; Swiontek stated it is Minutes — Planning Commission January 12, 2016 — Page 2 of 5 possible that when Redevelopment Agency existed, there may have been an attempt for "lot consolidation" for commercial properties along Newport Avenue; however, with the dissolution of Redevelopment Agency, it makes it more difficult to achieve when there are multiple property owners as well as existing improvements already in the area. Bobak In addition, Sobak stated that a number of the other properties in the area are already zoned for high-density residential uses. Thompson Thompson's questions/comments generally included: the request to have the observation for dative American since the site previously has been disturbed; he asked if anybody was expecting to find anything on the site and why this was being done on a site like this and not on other sites that are much larger; and Thompson referred to staff about "challenges" with condominium associations for four (4) units and if it applies or not to this project. Swiontek Swiontek's responses/comments generally included: State legislation requires the City to provide consultation with the Native American tribes when the City undertakes specific plan amendments and general Play . amendments; in addition, new legislation requires Native American consultatit- r for projects involving Negative Declaration and/or Environmental Impact Repo, i o -he Commission will be seeing more on C,'EQA review legislation with future projects for Native American tribes; Swiontek spoke to the representative of the tribe and he told Swiontek that he would be at the site for a few hours during the start of grading, unless they found something tP iat would require further investigation; as per the challenges with smaller condominium units; property owners must submit their condominium plan where HOA fees are reviewed by the State and the Bureau of Real Estate for assessment of the budget; ai id then fees are determined based on infrasi _icture and the needs of the property as well as anything beyond what would be considered "special as Isment". 7:28 p.m. Public Hearing opened. Ron Warrecker. lana '- ! irveyor of Azimi Pearsall & Associates, Inc., prepared darcel map for the projek t and made himself available for questions. 7:29 p.m. Pubii Hearing closed. The Commission's comments collectively were favorable and included: lot coverage, building height, architecture/design features, and the project will be a positive influence to the area. Motion: It was moved by Kozak, seconded by Lumbard, to adopt Reso. Nos. 4303, and 43047 4305, as amended. Motion carried 3-0-2. Altowaiji recused himself due to a potential conflict. REGULAR BUSINESS: Approved. 4. DESIGN REVIEW 2015-19 THE PROPOSED PROJECT IS A REQUEST TO ALLOW VACUUM HOSES AND AN OUTDOOR CAR CARE VENDING MACHINE WITHIN EXISTING PARKING STALLS LOCATED Minutes — Planning Commission January 12, 2016 — Page 3 of 5 AT THE AUTOMATED SELF-SERVICE DRIVE-THRD CARWASH AT 3017 EDINGER AVENUE. APPLICANT: Tustin Field Gas & Food 3017 Edinger Avenue Tustin, CA 92780 LOCATION: 3017 Edinger Avenue II T:TS]r:Ce3!Ci6111ZIQ PROPERTY OWNER: NE Enterprises 3861 Wisteria Street Seal Beach, CA 90704 The Planning Commission, at the December 8, 2015 meeting, continued the item to a date certain of January 12, 2016, at the request of the applicant. The applicant has since provided an additional request for continuation which was received on December 15, 2015, in order to allow additional time to work on >� Jesign solution with City staff. �� 'lll X111 I_ '\J '.� � I • ��, That the Planning Commission table DR 2015-19 cq 1plication to allow the applicant to re -design the project in response to City sLaffs comments. Motion: It was moved by Lumbard, seconded by Altowaiji, to table the item in order to allow the applicant to re -design the project il_, response to City staff's comments. Motion carried 4-0-1. STAFF CONCERNS: Willkom Willkom reminded the Commission of the Downtown Commercial Core Plan Workshop on January 28, 2016 at 6:00 p.m. at the Market Place Community Center. COMMISSION CONCERNS: Kozak Kozak thanked staff for the agenda items and Reekstin for his work on the 2015 CLG report he prepared and submitted to the State. Dile will be participating in the CPF webinar on February 24, 2016 at City Mall as well as the Mayor's Inaugural Dinner on January 29, 2016. Kozak looks forward to working with staff and Council on another successful year. Altowaiji Altowaiji wished everyone a happy New Year as well as thanked staff for another great year of projects. Lumbard Nothing to report. Thompson Thompson attended the following: 0 OCTA Citizens Advisory Committee/Bicycle AdHoc Meeting 0 12/17: Combined Special Needs Access (Bus Ridership) 0 Wished Cherie a happy 30th wedding anniversary! Minutes — Planning Commission January 12, 2016 — Page 4 of 5 ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, January 26, 2016, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes — Planning Commission January 12, 2016 — Page 5 of 5 RESOLUTION NO. 4303 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT 2015-01, TENTATIVE PARCEL MAP 2015-139, DESIGN REVIEW 2015-10, AND CONDITIONAL USE PERMIT 2015-21 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMUNITY COMMERCIAL (CC) TO HIGH DENSITY RESIDENTIAL (HDR) AND SUBDIVIDE AN EXISTING PARCEL LOCATED AT 1051 BONITA STREET FOR CONDOMINIUM PURPOSES TO' ACCOMMODATE THE CONSTRUCTION OF FOUR (4) DWELLING UNITS. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 was filed by Yenny Ng Designs Architects on behalf of Goliath F&M LLC requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and subdivide an existing parcel located at 1051 Bonita Street for condominium purposes to accommodate the construction of four (4) dwelling units located within two (2) residential buildings; B. That General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 is considered a "project" by the California Environmental Quality Act ("CEQA") (Pub. Resources Code §21000 et. seq.); C. That the primary residence at the subject property is identified in the City's 1990 Historical Survey as a "D" rated structure with severe alterations while the 1000 block of Bonita Street is listed with a National Register Historic Preservation (NRHP) Status Code: 5S3 in the City's 2003 Update to the Historical Resources Survey. D. That the demolition of the structures at the subject property and construction of two duplex buildings to accommodate condominiums will not have a significant impact on a historical resource. The primary residence at the subject property is not a significant example of a California Bungalow at the local or regional level nor does it have a linkage to important persons or events within the City. Furthermore, there are significant alterations to the property from its original condition. The residences along Bonita Street are not eligible for individual listing on the City's Historic Survey. Resolution No. 4303 Page 2 E. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with the project which concluded there is no substantial evidence that the project may have a significant effect on the environment, and a Draft Negative Declaration (ND) was prepared; F. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20 -day public review and comment period from November 12, 2015, to December 1, 2015, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; G. That the Planning Commission continued the item from the December 8, 2015, meeting at the request of City staff in order to provide adequate time to complete the required noticing of the project pursuant to State law. The item was continued to a date certain of January 12, 2016, and all required noticing of the project was completed; H. That a public hearing was duly called, noticed, and held for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 on January 12, 2016, by the Planning Commission; and I. The Planning Commission considered the Initial Study and the Negative Declaration (Exhibit A) and finds it adequate for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21. II. The Planning Commission hereby recommends that the City Council adopt the Negative Declaration attached hereto as Exhibit A for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and subdivide an existing parcel located at 1051 Bonita Street for condominium purposes to accommodate the construction of four (4) dwelling units located within two (2) residential buildings. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 12`h day of January, 2016. JEWW THOt PSO Chairperson (�eE IZABETH A. BINSACK Planning Commission Secretary Resolution No. 4303 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, Commission Secretary of the City of Tustin, duly passed and adopted at a regular meeting on the 12th day of January, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED PLANNING COMMISSIONER ABSENT: A)4 PyEtIZABETH A. BINSACK Planning Commission Secretary hereby certify that I am the Planning California; that Resolution No. 4303 was of the Tustin Planning Commission, held Lumbard, Kozak, Thompson (3) Altowaiji (1) Smith (1) RESOLUTION NO. 4304 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 2015-01 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMUNITY COMMERCIAL RESIDENTIAL (HDR) FOR THE BONITA STREET. (CC) TO HIGH DENSITY PROPERTY LOCATED AT 1051 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 was filed by Yenny Ng Designs Architects on behalf of Goliath F&M LLC requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and subdivide an existing parcel located at 1051 Bonita Street for condominium purposes to accommodate the construction of four (4) dwelling units located within two (2) residential buildings; B. That the subject property was pre -zoned as Multiple Family Residential (R3 2000) and designated as Multiple Family Residential (MF) under the General Plan Land Use description prior to annexation to the City of Tustin from the County of Orange in 1978; C. That the subject property's designation of Multiple Family Residential was then changed to Community Commercial (CC) during a comprehensive General Plan Update which was approved by the Tustin City Council on February 9, 1994, through the adoption of Resolution No. 94-19; D. That the subject property has been used for residential purposes and the proposed General Plan Amendment would be consistent with the current use and zoning of the property and consistent with the use, zoning, and General Plan Land Use designation of other properties on Bonita Street; E. That the City conducted a ninety (90) day consultation period on the project with California Native American Tribes pursuant to Government Code Sections 65351 and 65352.3; F. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with the project which concluded there is no substantial evidence that the project may have a significant effect on the environment, and a Draft Negative Declaration (ND) was prepared; Resolution No. 4304 Page 2 G. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20 -day public review and comment period from November 12, 2015, to December 1, 2015, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; H. That the Planning Commission continued the item from the December 8, 2015, meeting at the request of City staff in order to provide adequate time to complete the required noticing of the project pursuant to State law. The item was continued to a date certain of January 12, 2016, and all required noticing of the project was completed; I. That a public hearing was duly called, noticed, and held for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 on January 12, 2016, by the Planning Commission; J. That the Planning Commission considered the Initial Study and the Negative Declaration and recommended that the City Council find it adequate for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21; and K. That proposed General Plan Amendment 2015-01 is consistent with the following General Plan Land Use goals and policies: 1. Policy 1.1: Permit compatible multi -family development to meet regional housing needs where best suited from the standpoint of current development, accessibility, transportation and public facilities. 2. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. 3. Policy 4.6: Maintain and enhance the quality of healthy residential neighborhoods, and safeguard neighborhoods from intrusion by non -conforming and disruptive uses. 4. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. 5. Policy 6.6: Improve the overall quality of Tustin's multi -family neighborhoods through: a) improved buffers between multi -family residences and adjacent freeway edges, commercial and industrial uses; b) provision of usable private and common open space in Resolution No. 4304 Page 3 multi -family projects; c) increased code enforcement; and d) improved site, building, and landscape design. II. The Planning Commission hereby recommends that the City Council approve General Plan Amendment 2015-01 authorizing a change to the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) for the property located at 1051 Bonita Street as identified in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 12th day of January, 2016. kE02ABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, Commission Secretary of the City of Tustin, duly passed and adopted at a regular meeting on the 12`h day of January, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JS1'E �46ETH A. BINSACK Planning Commission Secretary JEW R)THbMPSON Chairperson hereby certify that I am the Planning California; that Resolution No. 4304 was of the Tustin Planning Commission, held Lumbard, Kozak, Thompson (3) Altowaiji (1) ExisUng Generap Man - CC &XMMT A RESOLUMN NO. 43011 Subject Property Proposed Generap Man - HDR RESOLUTION NO. 4305 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2015-139, DESIGN REVIEW 2015-10, AND CONDITIONAL USE PERMIT 2015-21 AUTHORIZING THE SUBDIVISION OF AN EXISTING 8,500 SQUARE FOOT LOT CONSISTING OF ONE (1) NUMBERED LOT FOR THE DEVELOPMENT OF FOUR (4) CONDOMINIUM RESIDENCES LOCATED AT 1051 BONITA STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 was filed by Yenny Ng Designs Architects on behalf of Goliath F&M LLC requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and subdivide an existing parcel located at 1051 Bonita Street for condominium purposes to accommodate the construction of four (4) dwelling units located within two (2) residential buildings; B. That the property is zoned as Multiple Family Residential (R3 2000) and proposes a General Plan Land Use Designation of High Density Residential (HDR) under General Plan Amendment 2015-01. 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 the primary residence at the subject property is identified in the City's 1990 Historical Survey as a "D" rated structure with severe alterations while the 1000 block of Bonita Street is listed with a National Register Historic Preservation (NRHP) Status Code: 5S3 in the City's 2003 Update to the Historical Resources Survey; D. That the demolition of the structures at the subject property and construction of two (2) duplex buildings to accommodate condominiums will not have a significant impact on a historical resource. The primary residence at the subject property is not a significant example of a California Bungalow at the local or regional level nor does it have a linkage to important persons or events within the City. Furthermore, there are significant alterations to the property from its original condition. The residences along Bonita Street are not eligible for individual listing on the City's Historic Survey; Resolution No. 4305 Page 2 E. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with the project which concluded there is no substantial evidence that the project may have a significant effect on the environment, and a Draft Negative Declaration (ND) was prepared; F. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20 -day public review and comment period from November 12, 2015, to December 1, 2015, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; G. That the Planning Commission continued the item from the December 8, 2015, meeting at the request of City staff in order to provide adequate time to complete the required noticing of the project pursuant to State law. The item was continued to a date certain of January 12, 2016, and all required noticing of the project was completed; H. That a public hearing was duly called, noticed, and held for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015- 10, and Conditional Use Permit 2015-21 on January 12, 2016, by the Planning Commission; That the Planning Commission considered the Initial Study and the Negative Declaration and recommended that the City Council find it adequate for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21; J. That the Planning Commission considered General Plan Amendment 2015- 01 and recommended that the City Council approve the request to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) for the property located at 1051 Bonita Street; K. That as conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code) in that; 1. The proposed Tentative Parcel Map 2015-139 and improvements are consistent with the proposed General Plan Amendment 2015-01, Multiple Family Residential (R3 2000) 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 four (4) condominium residences on an 8,500 square foot parcel is within the allowable density requirements of proposed General Plan Amendment 2015-01. Resolution No. 4305 Page 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 as a public sidewalk and parkway improvements will be installed as a result of the project. 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. 7. That recommendations provided in the preliminary geotechnical report would be implemented in the grading and foundation improvements associated with the project. L. That the City's Public Works Department has reviewed the map and determined that, as conditioned, it is.technically correct; M. That the project meets the development standards of the Multiple Family Residential (133 2000) zoning district; N. That Tustin City Code Section 9331d requires the subdivider to pay a fee in lieu of providing a parkland dedication; O. 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 in the neighborhood, 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: 1. Multiple family dwellings inclusive of condominiums and apartments are prevalent in the neighborhood and allowed by the applicable zoning. Resolution No. 4305 Page 4 2. The subject property is currently developed with multiple dwelling units and the proposal would result in a net increase of two dwelling units. 3. The project would result in the construction of parkway improvements within the public right-of-way including the installation of a public sidewalk along Bonita Street. 4. As proposed the building fronting Bonita Street would appear as a two story single family residence with a single point of entry and orientation towards the street. 5. The project architecture and detailing would enhance the Bonita Streetscape. P. 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 story multi -family residences in the area of a similar massing and scale. In addition, the architectural design and features are an enhancement to the existing housing stock 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 method of refuse storage. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 12. Development guidelines and criteria as adopted by the City Council. II. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 authorizing the subdivision of an existing 8,500 square foot lot consisting of one (1) numbered lot for the development of four (4) condominium residences located at 1051 Bonita Street, subject to the conditions contained within Exhibit A, attached hereto. Resolution No. 4305 Page 5 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 12`h day of January, 2016. ,r'sMA , u.... i "Q Chairperson BETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4305 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of January, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: av&�401e� f -r E BETH A. BINSACK Planning Commission Secretary Lumbard, Kozak, Thompson (3) Altowaiji Smith EXHIBIT A RESOLUTION NO. 4305 TENTATIVE PARCEL MAP 2015-139, DESIGN REVIEW 2015-10, AND CONDITIONAL USE PERMIT 2015-21 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 12, 2016, 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 Design Review 2015-10 and Conditional Use Permit 2015-21 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 CODES (7) PC/CC POLICY (4) DESIGN REVIEW *`* EXCEPTIONS Exhibit A Resolution No. 4305 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 Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 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 Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 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. ( ") 1.9 Approval of Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 is contingent upon City Council approval of General Plan Amendment 2015-01. BUILDING PLAN SUBMITTAL (1) 2.1 The design code shall be the 2013 CA Residential Building Code (CRC), except when superseded by the 2013 CA Building Code (CBC), as amended and adopted by the City of Tustin. Use Table R301.2(1) "Climatic and Geographic Design Criteria" as amended and adopted by City of Tustin. (1) 2.2 The plan shall comply with the 2013 CA Green Building Standards ("CaIGREEN) for new low-rise residential buildings, as amended and adopted by City of Tustin. Primarily, use Chapter 4 "Residential Mandatory Measures" including pre -wiring provisions for Electric Vehicle (EV) charging stations. (1) 2.3 Provide one-hour fire-resistant construction on the underside of roof eaves that extend closer than 5'0" to the property lines (north and south property lines). Exhibit A Resolution No. 4305 Page 3 (1) 2.4 Dwelling units in two-family dwellings shall be separated from each other by one-hour fire-resistant wall assembly from the concrete floor to the underside of the roof sheathing. (1) 2.5 An automatic residential fire sprinkler system shall be designed and installed in accordance with NFPA 13 D. (1) 2.6 All utilities serving the site shall be installed underground. (1) 2.7 All private on-site design and construction of improvement work shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements," except as otherwise approved by the Building Official. Said plans shall include, but not be limited to, the following: A. Drive aprons; B. Signing/striping plan; C. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and Orange County Sanitation District (OCSD). These facilities shall be consistent with the standards of the OCSD; D. Underground utility connections: All utility lines shall be placed underground; E. Fire hydrants; and F. Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City -franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities. (1) 2.8 The development plans shall incorporate all recommendations from the Geotechnical Report. 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. Exhibit A Resolution No. 4305 Page 4 (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 shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. LANDSCAPINGIHARDSCAPE (1) 4.1 At plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: A. Include a summary table identifying 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 r devices, pipe size, sprinkler type, spacing, and coverage. Details for ':. all equipment must be provided. i 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. Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. G. 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. H. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. I. Fences, wall, and equipment areas shall be screened with walls, vines, Exhibit A Resolution No, 4305 Page 5 and/or trees. J. 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. (1) 4.2 The project shall comply with the City's Water Efficient Landscape Ordinance and any Executive Orders issued from the Governor of the State of California pertaining to water conservation and irrigation methods. (4) 4.3 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. (1) 4.4 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. Landscaping shall be utilized to screen the devices where possible. (1) 4.5 The subdivider shall pay park fees in lieu of dedication in compliance with Tustin City Code Section 9331d. Said fees shall be paid prior to issuance { of Certificate of Occupancy for the first dwelling unit. USE RESTRICTIONS RESTRICTIONS (5) 5.1 Individual trash cart service may be provided on the site. Trash carts shall be placed only in the locations identified on an approved "Trash Pick-up Plan" up to twelve (12) hours prior to regularly scheduled trash collection and shall be removed within twelve (12) hours of trash collection. (1) 5.2 No outdoor storage shall be permitted during grading or building stages, except as approved by the Community Development Director. (***) 5.3 Design and construction of all on-site and off-site developer required public infrastructure and utility systems shall be constructed prior to issuance of the first Certificate of Occupancy. CC&Rs (1) 6.1 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, City Attorney's Office, and Special Counsel. Costs for such review shall be borne by the subdivider. The approved CC&Rs shall be recorded with County Recorder's Office prior to issuance of building permits. A copy of the final documents shall Exhibit A Resolution No. 4305 Page 6 be submitted to the Community Development Department after recordation. (1) 6.2 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, or slope maintenance landscaping, private streets, and utilities. No dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, have been completed. 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 including amenities, landscaped areas, 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, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees 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, Exhibit A Resolution No. 4305 Page 7 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 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. I. 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. 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. 2. Residents shall park vehicles in garage and/or carport 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. 3. The homeowners association shall be responsible for monitoring and enforcing all parking regulations on-site. The proposed CC&Rs shall include provisions requiring the Exhibit A Resolution No. 4305 Page 6 association to develop and adopt an enforcement program for parking on-site 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, drives, alleys, walkways, 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. 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. ORANGE COUNTY FIRE AUTHORITY (1) 7.1 Prior to issuance of a grading permit the applicant or responsible party shall submit a fire master plan (service code PR145) to the Orange County Fire Authority for review. Approval shall be obtained prior to the issuance of grading or building permits. Exhibit A Resolution No. 4305 Page 9 (1) 7.2 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) 7.3 Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting www.ocfa.org and clicking on "Fire Prevention" and then "Planning & Development Services." NOISE (1) 8.1 In accordance with the Noise Analysis, all units shall be constructed with the recommended sound attenuation construction details 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 and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 9.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Final Water Quality Management Plan (WQMP). 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. (1) 9.4 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & 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. Exhibit A Resolution No. 4305 Page 10 (1) 9.5 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) 9.6 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 9.7 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) 9.8 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) 9.9 The applicant shall comply with all City policies regarding short- term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (1) 9.10 A certified Native American monitor shall be on site during any and all ground disturbances including all grading activities. PUBLIC IMPROVEMENTS (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 Prior to issuance of a certificate of occupancy, the applicant shall complete street improvements on Bonita Street along the project frontage consisting of: a. Design and construct concrete sidewalk, landscape, and irrigation system along the property frontage on Bonita Street. b. Remove the existing depressed curb and driveway apron and replace it with full height curb along Bonita Street. (1) 10.3 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 Exhibit A Resolution No. 4305 Page 11 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 g) Domestic water facilities b) Sidewalk, including curb ramps h) Sanitary sewer facilities for the physically disabled i) Sanitary sewer facilities c) Drive aprons j) Landscape/irrigation d) Signing/striping k) Dry utility lines e) Street lighting f) Catch basin/storm drain laterals/ connection to existing storm drain system (1) 10.4 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) 10.5 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. WATER IMPROVEMENT CONDITIONS (1) 10.6 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) 10.7 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. B. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a Exhibit A Resolution No. 4305 Page 12 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) 10.8 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) 10.9 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) >10.10 The applicant's project is within the East Orange County Water District (EOCWD) service area. A release/approval from the 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) 10.11 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 Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 10.12 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING CONDITIONS (1) 10.13 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. B. The applicant will be required to submit a $50,00 application fee and a cash security deposit. All single family residential projects shall Exhibit A Resolution No, 4305 Page 13 submit a 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. The minimum deposit amount shall by $500 and the maximum deposit amount shall be $2,500. C. Prior to issuance of a 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". MISCELLANEOUS CONDITIONS (1) 10.14 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) 10.15 Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1 s` of each year. (1) 10.16 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitary District (OCSD) for sanitary sewer service connections, as applicable, from the appropriate agency. (1) 10.17 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. FINAL PARCEL MAP (1) 11.1 Preparation and recordation of a final subdivision map shall be required. (1) 11.2 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. Exhibit A Resolution No. 4305 Page 14 - (1) 11.3 Prior to issuance of a Building Permit(s), the applicant shall submit an 81/2' 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)(5) 12.1 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 to the Tustin Public Works Department are required at the time a building permit is issued. 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 (prior to first Certificate of Occupancy). (1) 12.2 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. ATTACHMENT G RESOLUTION NO. 16-09 NEGATIVE DECLARATION RESOLUTION NO. 16-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT 2015-01, TENTATIVE PARCEL MAP 2015-139, DESIGN REVIEW 2015-10, AND CONDITIONAL USE PERMIT 2015-21 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMUNITY COMMERCIAL (CC) TO HIGH DENSITY RESIDENTIAL (HDR) AND SUBDIVIDE AN EXISTING PARCEL LOCATED AT 1051 BONITA STREET FOR CONDOMINIUM PURPOSES TO ACCOMMODATE THE CONSTRUCTION OF FOUR (4) DWELLING UNITS. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That a proper application for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 was filed by Yenny Ng Designs Architects on behalf of Goliath F&M LLC requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and subdivide an existing parcel located at 1051 Bonita Street for condominium purposes to accommodate the construction of four (4) dwelling units located within two (2) residential buildings; B. That General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 is considered a "project" by the California Environmental Quality Act ("CEQK) (Pub. Resources Code §21000 et. seq.); C. That the primary residence at the subject property is identified in the City's 1990 Historical Survey as a "D" rated structure with severe alterations while the 1000 block of Bonita Street is listed with a National Register Historic Preservation (NRHP) Status Code: 5S3 in the City's 2003 Update to the Historical Resources Survey. D. That the demolition of the structures at the subject property and construction of two duplex buildings to accommodate condominiums will not have a significant impact on a historical resource. The primary residence at the subject property is not a significant example of a California Bungalow at the local or regional level nor does it have a linkage to important persons or events within the City. Furthermore, there are significant alterations to the property from its original condition. The residences along Bonita Street are not eligible for individual listing on the City's Historic Survey. Resolution No. 16-09 Page 2 E. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with the project which concluded there is no substantial evidence that the project may have a significant effect on the environment, and a Draft Negative Declaration (ND) was prepared; F. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20 -day public review and comment period from November 12, 2015, to December 1, 2015, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; G. That the Planning Commission continued the item from the December 8, 2015, meeting at the request of City staff in order to provide adequate time to complete the required noticing of the project pursuant to State law. The item was continued to a date certain of January 12, 2016, and all required noticing of the project was completed; H. That a public hearing was duly called, noticed, and held for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 on January 12, 2016, by the Planning Commission. Following the public hearing, the Planning Commission adopted Planning Commission Resolution Nos. 4303, 4304, and 4305, recommending that the City Council find that the Negative Declaration is adequate for the project and approve the proposed project entitlements; I. That a public hearing was duly called, noticed, and held for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 on February 2, 2016, by the City Council; and J. That the City Council considered the Initial Study and the Negative Declaration (Exhibit A) and finds it adequate for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21. II. The City Council hereby adopts the Negative Declaration attached hereto as Exhibit A for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and subdivide an existing parcel located at 1051 Bonita Street for condominium purposes to accommodate the construction of four (4) dwelling units located within two (2) residential buildings. Resolution No. 16-09 Page 3 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 2nd day of February, 2016. JOHN NIELSEN MAYOR ATTEST: ERICA N. RABE CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 16-09 ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does 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. 16-09 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of February, 2016, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, CITY CLERK COMMUNITY' DEVELOPMENT DEPARTMENT 300 Centennial Way, Twtin, CA 92780 (714) 573-3100 NEGATIVE DECLARATION Project Title: General Plan Amendment (GPA) 2015-01, Tentative Parcel Map 2015-139, Conditional Use Permit (CUP) 2015-21, and Design Review (DR) 2015-10. Project Location: 1051 Bonita Street, Tustin, CA 92780 Project Description: Construction of a four unit condominium complex consisting of two buildings comprising 5,154 square feet total on an 8,500 square foot lot. Development of the site will require demolition of all existing structures on-site inclusive of a primary residence rated "D" per the City's Historical Resources Survey (non-contributing structure). The applicant has applied for GPA 2015-01 to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR). An application for DR 2015-10 has been submitted to evaluate the aesthetic impacts of the proposed project while CUP 2015-21 and TPM 2015-139 are required for the condominium development. Project Proponent: City of Tustin Lead Agency Contact Person: Ryan Swiontek Telephone: (714) 573-3123 The Community Development Department has conducted an Initial Study. for the above project'in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: ® That there is no substantial evidence that the project may have a significant effect on the environment. ❑ That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) -calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 5:30 P.M. ON DECEMBER 11, 2015/ DateZ J�r�yiGtLC i tGC Elizabeth A. Binsaek Community Development Director STIN BUILDING OUR FMn H0W0MN0 OUR WT A. BACKGROUND Project Title: Lead Agency: Lead. AgencyContact Person: Phone: Project Location: Project Sponsor's Name and Address: General Plan Land Use Designation: Zoning Designation: Surrounding Land Uses and Setting: Project Description: CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 General Plan Amendment 2015-01,Tentadve Parcel Map 2015- 139, Design Review 2015-10, Conditional Use Permit 2015-21 City of Tustin 300 Centennial Way Tustin, California 92780 Ryan Swlontek, Senior Planner (714)573-3123 1051 Bonita Street Tustin, CA 92780 Yenny Ng Design Architects 1524 Brookhoilow Dr., Suite G Santa Ana, CA 92705 Community Commercial Multiple Family Residential (R3 2000) North: Residential (R3 2000) East: Residential (R3 2000) South: Residential (R3) West: Residential (R3 2000) The project proposes to establish a four unit condominium complex consisting of two buildings comprising 5,154 square feet total on an 8,500 square foot lot located at 1051 Bonita Street within the City of Tustin. Demolition of two existing detached residences and accessory structures at the site would occur. The proposed condominium buildings are two story structures each with two units and are designed in the Craftsman architectural style. The project includes General Plan Amendment 2015-01 to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR). An application for Design Review 2015-10 has been submitted to evaluate the aesthetic impacts of the proposed project while Conditional Use Permit 2015-21 and Tentative Parcel Map 2015-139 are required for the condominium development. INITIAL STUDY City of Tustin Other public agencies whose approval is required: ® Orange County Fire Authority . ❑ City of Santa Ana ❑ Orange County EMA District ❑ City of Irvine ❑ South Coast Air Quality Management ❑ Other ❑ Orange County Health Care Agency B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, Involving at least one Impact that Is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources ❑ Greenhouse Gas Emissions ❑ Land Use / Planning ❑ Population / Housing ❑ Transportation/Traffic DETERMINATION: On the basis of this initial evaluation: ❑ Agriculture and Forestry Resources ❑ Cultural Resources ❑ Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑Utilities / Service Systems ❑ Air Quality ❑ Geology /Soils ❑ Hydrology / Water Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance ® 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT Is required. ❑ I find that the proposed project MAY have a "potentially significant Impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed In an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I rind that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately In an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are _ imposed upon the proposed project, nothing_further is required. 2jpage - _ _ --. INITIAL STUDY Preparer. Ryan Swlontek Elizabeth A. Binsack, Community Development Director 3 1 P a g e Title Senior Planner Date 11/12/2015 City of Tustin C. EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except. "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the Impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone), A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the Impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR Is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the Incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as, described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should Identify the following: a. Earlier Analysts Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were Incorporated of refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to Information. sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format Is selected. 9) The explanation of each issue should identify: a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance INITIAL STUDY D. INITIAL STUDY Issues: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rocks outcroppings, and historic buildings within a state scenic highway? C) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? it. AGRICULTURE AND FOREST RESOURCES. In determining whether Impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing Impacts on agriculture and farmland. In determining whether impacts to forest resources, Including timberland, are significant environmental effects, lead agencies may refer to Information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy City of Tustin mi A C FN— FE No Impact K ® ❑ Less Than Potentially Significant With Less Than Significant Mitigation Significant Impact Incorporated Impact ❑ ❑ ❑ mi A C FN— FE No Impact K ® ❑ INITIAL STUDY Issues: Assessment project, and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or e Williamson Act contract? C) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion of forest land to non -forest use? City of Tustin Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ❑ ❑ ❑ 19 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ INITIAL STUDY Issues: III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct Implementation of the applicable air quality plan? b) "olate.any air quality standard or contribute substantially to an existing or projected air quality violation? C) Result in a cumulatively considerable net Increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? 7 1 .P a o.2. --- City of Tustin Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact ❑ ❑ ❑ ❑ ❑ ❑ 19 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ INITIAL STUDY Issues: IV. BIOLOGICAL RESOURCES. Would the project: ❑ a) Have a substantial adverse effect, either ❑ directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status spades in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified In local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (Including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native -resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or Impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation -plan? aFPage._ __-- — - - - Potentially Significant Impact City of Tustin Less Than Less Than No Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ 19 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ INITIAL STUDY Issues: Potentially Significant Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change In the significance of a historical resource as defined In § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? C) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantialadverse effects, including the risk of loss, Injury or death involving: I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. City of Tustin Less Than Less Than No Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 91 Page — — -- -- INITIAL STUDY Issues: ii. Strong seismic ground shaking? iii. Seismic -related ground failure, including liquefaction? IV. Landslides? b) Result in substantialsoilerosion or the loss of topsoil? C) Be located on a geologic unit or soil that Is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or Indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? 170-1 P*a-g- e — — ------ City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact ❑ Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ INITIAL STUDY Issues: VIII HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the Mitigation public or the environment through the routine transport, use, or Incorporated disposal of hazardous materials? b) Create a significant hazard to the ❑ public or the environment through reasonably foreseeable upset and ❑ accident conditions involving the release of hazardous materials Into ❑ the environment? c) Emit hazardous emissions or ❑ handle hazardous or acutely hazardous materials, substances, ❑ or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result In a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result In a safety hazard for people residing or working in the project area? ilIP 9e - City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ INITIAL STUDY City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated g) Impair implementation of or El 1:1 ❑ physically Interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a ❑ El significant risk of loss, injury or death Involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are Intermixed with wildlands? Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated IX HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or ❑ El 11 waste discharge requirements? b) Substantially deplete groundwater ❑ El ❑' supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? INITIAL STUDY Issues: C) Substantially alter the existing drainage pattern of the site or area, Including through the alteration of the course of a stream or river, In a manner which would result In substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, Including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on -or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures that would Impede or redirect flows? I) Expose people or structures to a significant risk of loss, injury or death Involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact ❑ Mitigation ❑ Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ INITIAL STUDY City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated X. LAND USE AND PLANNING. Would the project a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C) Conflict with any applicable habitat conservation plan or natural community conservation plan? XI MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a knownmineral resource that would be of value to the region and the residents of the state? b) Result In the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 141Page ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ 19 Cl Cl ❑ INITIAL STUDY Issues: Potentially Significant Impact XII NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels In excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencles? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? C) A substantial permanent increase In ambient noise levels In the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 15 1 P a g e -- -._-- -- - - - City of Tustin Less Than Less Than No Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ INITIAL STUDY Issues: XIII POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or Indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? C) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIV PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: I. Fire protection? li. Police protection? Ili. Schools? Iv. Parks? 161 Page City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ INITIAL STUDY City of Tustin Issues: Potentially Less Than Less Than No Significant Significant - Significant Impact Impact With Impact Mitigation Incorporated V. Other public facilities? ❑ ❑ El XV RECREATION Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include E] 1:1 Cl recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? XVI TRANSPORTATION /TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance ❑ El or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to Intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? 17JPage ---- --- ------ - — — — -- INITIAL STUDY City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated C) Result in a change in air traffic 0 patterns, Including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in Inadequate emergency E El 19 access? f) Conflict with adopted policies, plans, or El ❑ ❑ 19 programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? XVII UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment ❑ requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction El 11 11 of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C) Require or result in the construction ❑ 11 El of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? INITIAL STUDY City of Tustin 191Page Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact, With Impact Mitigation Incorporated d) Have sufficient water supplies El El El available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the El wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with E Q E] sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and El El El local statutes and regulations related to solid waste? XVIII MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 191Page INITIAL STUDY Issues: Potentially Significant Impact b) Does the project have Impacts that ❑ are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed In connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) C) Does the project have ❑ environmental effects which will cause substantial adverse effects on human beings, either directly or Indirectly? Less Than Significant With Mitigation Incorporated El J City of Tustin Less Than No Significant Impact Impact ■ ►. ATTACHMENT A INITIAL STUDY 1051 BONTTA STREET 4 UNIT CONDOMINIUM COMPLEX PROJECT DESCRIPTION The project applicant has submitted an application to subdivide an 8,500 square foot lot for condominium purposes to accommodate a four (4) unit residential complex. The project site is located at 1051 Bonita Street and is designated as Community Commercial by the General Plan Land Use element and within the Multiple Family Residential (R3 2000) zoning district. The project will involve the following. • General Plan Amendment 2015-01 - Change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) • Tentative Parcel Map 2015-139 — Subdivision of an existing 8,500 square foot lot for condominium purposes. • Design Review 2015-10 — Demolition of two existing residences and accessory structures on-site consisting of a primary residence identified in the City's Historical Resources Survey. Construction of a four unit condominium complex consisting of two buildings comprising 5,154 square feet. • Conditional Use Permit 2015-21 — Required for the development of condominiums within the Multiple Family Residential (R3 2000) zoning district. The primary residence at the subject property is identified in the City's 1990 Historical Survey as a "D" rated structure with severe alterations while the 1000 block of Bonita Street is listed in the City's 2003 Update to the Historical Resources Survey with a National Register Historic Preservation (NRHP) Status Code: 553. The "D" rating scale includes pre -1940 noncontributing buildings which are not significant in terms of architectural style or have been substantially altered from the original style. A NRHP Status Code of 5S3. states that the property is not eligible for separate listing or designation under an existing local ordinance, but is eligible for special consideration in local planning. The primary residence is estimated to have been constructed in 1915. The subject property is not located within the City's.Cultural Resource (CR) overlay district. County of Orange permit records identify that the second residential unit on the property was constructed in 1967. The second unit consists of a two story dwelling with attached carport situated to the tear of the primary residence. Access to the carport on the second unit is taken from the public alley abutting the rear of the property. in the middle of the, property between the two dwelling units is a detached single car garage which is accessed from a driveway on Bonita Street. Other miscellaneous structures on the site include two storage sheds and an attached carport on the primary residence. As proposed, the project includes the demolition of all existing structures on-site. Two residential buildings each containing two dwelling units are proposed at the site. The buildings are designed in the Craftsman architectural style. The building fronting Bonita Street would appear as single family home with a single point of entry on the street facing farade. A single car driveway provides access to the property through a porte-cochere which is an extension of the from porch roof. Access to the second unit within the front building is taken from the rear side of the building and isnot visible from the street. A two car garage for each unit is located in the middle of the ground floor parallel to the street. The majority of the living space for each of the 1,208 square foot two bedroom units is located on the second floor which comprises 911 square feet. Balconies are provided on the interior side elevations facing the driveway and located above the garage spaces. At the rear of the property lies the second building which houses the two remaining 1,369 square foot dwellings units which are oriented side to side. Parking for these units is accessed from the rear of the Attachment A - Evaluation of Environmental Impacts 1051 Bonita Street Page 2 property at the public alley. Each unit is provided with a single car garage space and a carport space adjacent to one another. Living areas are located on the ground floor and consist of 549 square feet with the three bedrooms located on the 820 square foot second floor of each respective unit. Balconies are located on both the front and rear elevations of the buildings. Site improvements will include landscape and hardscape improvements for a 1,618 square foot open courtyard area between the buildings with a barbecue feature for use by the residents. A guest parking space is provided towards the interior of the lot which is accessed from Bonita Sheet. Landscaped areas are provided to the greatest extent feasible in areas which are not needed as walkways or for vehicular access. Right -of --way improvements include relocation of the existing driveway along Bonita Street and installation of the public sidewalk Utility improvements will be provided as needed to serve the development and will be located underground. In 1978 the subject property was annexed to the City of Tustin from the County of Orange and was prezoned as Multiple Family Residential (R3 2000) prior to annexation. Also prior to annexation to the City in 1977, the property's General Plan Land Use designation of Single Family Residential (SF) was change to Multiple Family Residential (M) under General Plan Amendment 77-1(c) through the City Council's adoption of Resolution No. 77-38. The subject property's designation of MF was then changed to Community Commercial (CC) during a comprehensive General Plan Update which was approved by the Tusail City Council on February 9, 1994, through the adoption of Resolution No. 94-19. The current zoning of R3-2000 was never changed to be consistent with the General Plan Land Use:desigoationof CC. The property has always been used for residential purposes. The applicant is requesting to change the General Plan Land Use, designation back to multiple family residential use as High Density Residential'(BDR) which is the updated landuse designation to reflect such use under the 1994 comprehensive update to the General Plan. Tentative Parcel Map 2015-139 proposes to subdivide the existing 8,500 square foot lot for condominium purposes. The single lot development would accommodate four condominium units. No changes to the physical dimensions of the existing lot would occur. The public right-of-way along Bonita Street is already owned in fee title by the City of Tustin. Conditional Use Permit 2015-21 has been submitted as required by the Multiple Family Residential (R3 2000) zoning district for the development of condominiums. This Tnitial Study is prepared to evaluate the environmental impacts of the proposed project with respect to the following categories: AESTHETICS Items a,. b, d - "No Imnacr": The proposed project would involve the construction of two new residential duplex buildings to accommodate a condominium development. The project is located within an urbanized area and surrounded by residential cues, the majority of which are multiple family residential uses. There is not a scenic vista that would be affected and the project site is not located within a state scenic highway. The project would increase the number of residential dwellings at the subject property-, however, a substantial increase in light or glare would not be created as the majority of lighting sources would be within the residences and associated with normal residential purposes as currently existing at the subject property. No pole lighting or other exterior site lighting sources are proposed or required for this development. Attachment A Evaluation of Environmental Impacts 1051 Bonita Sheet Page 3 Items c "Less than SieniRcant Impact": Bonita Shed is a single block long sheet with a T -intersection on both ends at Newport Avenue on the west and Grange Street on the east. Newport Avenue is a primary arterial highway and serves as a commercial corridor at the intersection with Bonita Street. Orange Stred is a local street which runs for only three street blocks along the westerly edge of Tustin High School. The first 180 fed from Newport Avenue along the north side of Bonita Street is a commercially zoned and used property consisting of a small retail center fronting Newport Avenue. All of the remaining properties east of the retail center to Orange Street are residentially used and zoned properties. The stredscape along the north side of Bonita Street consists of single story residential buildings with the exception of a two storied apartment building. Most properties along the street contain additional dwelling units which are accessed from the public alley. The south side of Bonita Street has a self-service fueling station at Newport Avenue with the remaining properties on the block consisting of residentially zoned and used properties. The majority of these residential properties consist of smaller two story apartment complexes which were developed in the 1950's and 1960'x. In general, Bonita Shed has a mixture of original single family homes which have been developed with additional dwelling units as well as relatively newer apartment complexes which have been developed in single lots or through lot consolidation Thele are five properties remaining on the street which were constructed in the early 20° Century and have been identified in the City's Historical Resources Survey due to their age and not significance as they are noncontributing structures. The Update to the City's Historical Resources Survey did not identify the structures, but included the block for potential consideration These properties are best described as California Bungalows and they do not have unique character defining features or notable similarities seen amongst all of them. The primary residence fronting Bonita Stred at the subject property is included as one of these five residences. The subject property is the second property east from the retail center and one of only two residentially used properties on Bonita Stred with a General Plan Land Use designation of Community Commercial and a zoning designation of Multiple Family Residential (R-3). All of the other residentially used and zoned properties on Bonita Shed have a General Plan Land Use designation of High Density Residential. The visual character of the site would be altered due to the demolition of existing structures.and construction of the proposed two condominium buildings. There is a mixture of residential property types along Bonita Street consisting of single story detached residences as well as two story apartment complexes. As proposed, the development would appear as a combination of both of these property types. The building fronting Bonita Street appears as a two story single family home in the Craftsman architectural tradition. The single hoot door entry facing the sired and front porch are characteristic of a single family home. These elements are also present on the existing primary residences at the project site. Massing of the project is broken up into two buildings to reduce the impact of a single larger building which would be more characteristic of an apartment building. The typical apartment buildings along Bonita Street occupy the full width of their respective parcel and provide vehicular access from public alleys whereas the detached homes typically have a driveway on Bonita Street with detached garages behind the front residences. The proposed project would provide a thirteen (13yfoot wide single car driveway along Bonita Street through a porte-cochere extended from the front porch. The porte-cochere and harrow driveway further reinforce the appearance of a single family home which would be typical on the 50 foot wide lot. The porte-cochere feature would also help to screen the Attachment A Evaluation of Environmental Impacts 1051 Bonita Street Page 4 parking area and rear building which is over 110 feet setback from Bonita Street. Due to the narrow lot, portions of the rear building will not be highly visible from Bonita Street. The project provides a building design and orientation reminiscent of the single family detached residences along Bonita Street while still allowing for the massing as required for a multifamily project The project will enhance the streetscape along Bonita Street with a building which engages the street and provides detailing and features as seen in single family residences. There is already a precedent for two story buildings along Bonita Street which are commonplace. The project is sensitive to the area and responds well to the streetscape. Enhancement of the visual character of the site and surroundings will occur as a result of the project. Mitigation/Monitoring Required: No mitigation is required, the City's Design Review process and conditions of approval for the project will ensure that the structures do not pose an impact to aesthetics of the surrounding community. Sources: Field Verification Submitted Plans Orange County Assessor Records Tustin City Code Tustin General Plan City of Tustin Historical Resources Survey (1990) Update to Tustin Historical Resources Survey (2003) City of Tustin Residential Design Guidelines — Cultural Resource District IL AGRICULTURE RESOURCES Items a - e - "No Impact' The project site is currently developed with a single family two residential dwelling units in an urbanized area. The project site is within an established area of multiple family residential development. There is no Williamson Act contract associated with the property and it is not zoned for agricultural, forest or timberland use. The proposed project will not convert farmland or forest land, conflict with, existing zoning for agricultural or forest land use, or cause changes to the environment resulting in conversion of farmland to non-agricultural use or forest land to non -forest use. The Orange County Board of Supervisors has determined that there will be no Farmland of Local Importance for Orange County. Midgation/MorritortngRequired: No mitigation is required. Sources: Field Verification Submitted Plans Tustin City Code Tustin General Plan Orange County Important Farmland Map 2010 A Guide to The Farmland Mapping and Monitoring Program, 2004 Edition http://www.conservation.ca.gov/dLm/fmmp/Documents/frump guide 2004.adf Attachment A Evaluation of Environmental Impacts 1051 Bonita Street Page 5 I11.. AIR QUALITY Items a- e - "No Impact' The proposed demolition of two detached residences and the construction of four condominium residences is below the threshold criteria for construction and operation impacts as defined in Tables 6-2 and 6-3 of the California Environmental Quality Act (CEQA) Air Quality Handbook published in 1993 by the South Coast Air Quality Management District (SCAQMD). A continuation of residential use at the subject property will not produce or involve concentrated pollutants or odors. Grading and development activities would be required to comply with all local and SCAQMD rules and regulations concerning emissions. The proposed project will not violate any air quality standard or contribute substantially to an existing or projected air quality violation, and it will not result in a cumulatively considerable net increase of any criteria pollutant or expose sensitive receptors to substantial pollutant concentrations or create objectionable odors affecting a substantial number of people. Midgalion/MonitoringRequired.• No mitigation is required. Sources: Field Verification Submitted Plans Tustin City Code Tustin General Plan Tustin Grading Manual CEQA Air Quality Handbook IV. BIOLOGICAL RESOURCES Items a- f— "No Impact' : The project site is located within an urbanized area and currently developed with residential uses. There would be no change in the use of the property as a result of the project, the property would remain for residential purposes. The City's General Plan Conservation/Open Space Element does not identify any important natural resources at the subject property. The project is located on a site with no wetlands and is not in close proximity to any body of water. As such, the development would not affect Federally protected wetlands as defined by Section 404ofthe Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. The project does not conflict with any local policies or ordinances protecting biological resources or an adopted habitat conservation plan. No significant impacts to biological resources are anticipated Mirigation/Monitoring Required: No mitigation is required. Sources: Field Verification Submitted Plans Tustin City Code Tustin General Plan Department of Fish and Game, NCCP Attachment A Evaluation of Environmental Impacts 1051 Bonita Street Page 6 V. CULTURAL RESOURCES Item a- "Less Than SlenUicant lmoaeY": Existing at the subject property is a "D" rated structure per the City's 1990 Historical Survey. The "D" rating scale includes pre -1940 buildings which are not significant in terms of architectural style or have been substantially altered from the original style. The City's 2003 Update to the Historical Resources Survey identifies the 1000 block of Bonita Street due to the several (5) single storied buildings built around the same time in the California Bungalow architecture. The streetscape is designated with a National Register Historic Preservation (NRNP) Status Code: 553. A NRNP Status Code of 5S3 states that the property isnot eligible for separate listing or designation under an existing local ordinance, but is eligible for special'considetation in local planning. As sucb the five California Bungalow homes were removed from the City's 2003 Update. The properties along Bonita Street are not located within the City's Cultural Resource (CR) overlay district The primary residence at the subject property is estimated to have been built in 1915 per the City's 1990 Historical Survey and 1911 per Orange County Assessor records. The residence is single storied and has a raised foundation. A single gabled roof fronts Bonita Street with a small gabled front porch. The exterior of the residence consists of narrow vinyl siding which is a significant alteration to the original structure. Metal awnings arepresentabove the two windows on the front elevations, which do not appear to be original. Other alterations to the structure include an attached carport on the side of the residence as well as unpermitted storage areas, and additions which do not comply with the building codes. There are no significant defining features of the house worth noting. The other four homes on Bonita Street which are identified in the City's Historical Survey share similar nondescript features to that of subject property. They are all single storied and smaller in size, under 1,000 square fed per County Assessor records. In general, they have a rectangular form with a single gabled roof running front to back The adjacent home located at 1061 Bonita Street is the exception with side and rear facing gabled roofing elements which allows for an elongated front porch. These homes also appear to have alterations including, but not limited to attached carports, modem window replacements, and additions. California Bungalow designed homes are prevalent within Tustin, in particular Old Town Tustin. In addition there are many existing examples of the architecture within Orange County and Southern California. Historical districts are located in a number of cities throughout Southern California, including Tustin, which contain well maintained examples of the California Bungalow period architecture. The bungalow was an economical option at the time to provide housing. Popularity of bungalows was further enhanced as companies such as Sears, Roebuck, and Co. offered mail order kits for construction. The California Bungalow offers a scaled back version of the Craftsman architectural tradition. Demolition of the structures at the subject property and construction of two duplex buildings to accommodate condominiums will not have a significant impact on a historical resource. The primary residence at the subject property is not a significant example of a California Bungalow at the local or regional level nor does it have a linkage to important persons or events within the City. There are significant alterations to the property from its original condition. The residence has been mentioned within the City's Historical Resources Survey solely due to the age of the structure. The residences along Bonita Street are not eligible for individual listing on the City's Historic Survey. There are other examples of California Bungalow residences within the City that have been listed separately within the Historical Survey as architecturally significant and of local significance. Attachment A Evaluation of Environmental Impacts 1051 Bonita Street Page 7 Items b, C. and d "No Impact": The project is located within an urbanized area and currently developed with residential structures. The proposed project will cause no substantial adverse change in the significance of an archeological resource or directly or indirectly.destroy a unique palentological resource or geological feature or disturb human remains. The Gabriele3o Band of Mission Indians — Kizh Nation tribe has requested to have one of their Native American monitors to be on-site during any and all ground disturbances. Mitigation/Monitoring Required: No mitigation is required , the City's Design Review process and conditions of approval for the project will ensure that the structures do not pose an impact to cultural resources, The project will be conditioned to provide a certified Native American monitor on-site during grading activities. Sources: Field Verification Submitted Plans Tustin City Code Tustin General Plan City of Tustin Historical Resources Survey (1990) Update to Tustin Historical Resources Survey (2003) Orange County Assessor Records Cal Bungalow website htto://www.calbungalow.com/resources.htmi Sear Archives hhtW://www, scm s=hives.com/ VL GEOLOGY AND SOILS Items m b. e - "No Impact". A review of the Alquist-Priolo Earthquake Fault Zoning Map indicates that the project site isnot located within a known earthquake fault zone. The State of California Seismic Hazard Zone Map identifies that the property is not located within an area vulnerable to landslides. Submittal of a soils report and compliance with current codes will ensure that the design and construction of the proposed project reduces any potential impacts related to fault ruptures, ground shaking, ground failure, liquefaction, or unstable. soils to a level of insignificance. Since the proposed development is on a relatively flat site, only minor grading will be required Compliance with the City's Grading Ordinance and Water Quality Ordinance will reduce any potential impacts related to soil erosion to a level of insignificance. A sewer system is available to the site for disposal of wastewater and the development will be required to connect to this system. Item afdi), c, d - "Less Tltan'SiantHcant Impact The property is located within a liquefaction zone, albeit at the very border of the zone. The submitted soils report for the project also identifies expansive soils conditions. The soils report provides soils and foundation design recommendations to be implemented in order to eliminate any impacts due to liquefaction or expansive soils. Attachment A Evaluation of Environmental Impacts 1051 Bonita Street Page 8 Afaigation/Monitoring Required: No mitigation is required, implementation of the recommendations contained within the soils report in the foundation design and construction of the proposed structures. Sources: Field Verification Submitted Plans Tustin City Code, Grading Manual Seismic Hazard Zone Map January 17, 2001 Alquist-Priolo Earthquake Fault Zoning Map Project Soils Report VII: GREENHOUSE GAS EMISSIONS Item a - "Less Than ShmiReant Impact": Temporary increases in greenhouse gas emissions are likely to occur during construction which would be greater than those typically experienced in the existing neighborhood The project will involve the demolition of two existing residences and associated structures, and the construction of two new building to accommodate four dwelling units. Emissions created from construction activities are not anticipated to have a significant impact on the environment due to the scope of work and the minimal construction time anticipated. New construction will be required to comply with the latest edition of applicable codes which include energy codes related to efficiency. Materials proposed for the residences will be modem and meet high efficiency standards to reduce potential greenhouse gas emissions. The proposal would result in an additional two dwelling units beyond the two dwelling units currently existing on-site. The proposed four dwelling units would be the maximum permissible under the R3 2000 zoning development standards and equates to 20.5 dwelling unit per acre which would be consistent with the proposed General Plan Land Use designation of HDR which allows up to 25 dwelling units per acre and has an effective dwelling units per acre of 21.53. Item b - "No Impact": The proposed project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases, Midgation/Monitoring Required: No mitigation is required Sources: Field Verification Submitted Plans Tustin City Code Tustin General Plan Tustin Grading Manual CEQA Air Quality Handbook VIII. HAZARDS AND HAZARDOUS MATERIALS Items a- h - "No Impact' The project site is located within an urbanized area characterized by residential development The present use of the property is for residential purposes and is proposed to continue as such. Demolition of various residential use struch= will occur, however, it is not anticipated that hazardous emissions would occur, Construction of the proposed, project will not involve transport or Attachment A Evaluation of Environmental Impacts .1051 Bonita Street Page 9 use of any hazardous. materials or emit hazardous. emissions. According the Department of Toxic Substances Control, the project site is not listed as a hazardous material site. The project would not alter or interfere with an adopted emergency response plan or emergency evacuation plan. The, site is not located within an airport land use plan or a private airstrip or in areas with wild land fires. MitigatiowMonitoringRequired: No mitigation is required. Sources: Field Verification Submitted Plans Tustin General Plan John Wayne Airport Environs Land Use Plan Department of Toxic Substances Control — Hazardous Materials Sites http://www: envirostor.dtsc.ca.aov/public/ IX. HYDROLOGY AND WATER QUALITY Items a — i - "No Imoact": The proposal project site is located on a relatively flat site with existing residential structures and uses. Minimal grading would occur in conjunction with the proposed project and no substantial alteration of the site drainage pattern would occur. Residential uses as proposed by the project are existing in the area. The proposed project is a priority project and a preliminary water quality management plan (WQMP) has been prepared. At the time of building plan check the project will be required to comply with the City's Water Efficient Landscape Ordinance. The project site is designated as Zone X — Other Flood Areas on the most recent Flood Insurance Rate Map dated December 3, 2009 prepared by the Federal Emergency Management Agency and is not located in a 100 -year flood hazard area,. This zone is defined as "areas of a .2 percent flood chance, areas of one percent annual chance of flood with average depths of less than one foot or with drainage areas less than 1 square mile, and areas protected by levees from a one percent Annual change of flood." Compliance with the City's Grading Ordinance and the California Building Code would ensure that the project is designed with adequate drainage improvements, erosion control measures, and pollution control plans. The proposed residential use would not create significant impacts to swrmwater nntoff or discharge pollutants due to post -construction activities. The project is not anticipated to degrade water quality. The project is located on an existing residential site serviced by Tustin Water Operations. The scale of the project does not have the potential to impact water supplies, nor deplete groundwater supplies or interfere with groundwater recharge or lower the local ground water table level. Separate water meters will be required for each dwelling unit to connect to the water mainline along Bonita. Street. The project would not redirect flood waters and the site is not within. an area that would expose people to seiche, tsunami, or mudflow. Midgation/Monitoring Required: No mitigation is required, implementation and operations management of the best management practices and recommendations contained within the final approved Water Quality Management Plan for the project Sources: Field Verification Submitted Plans Tustin City Code Attachment A Evaluation of Environmental Impacts 1051 Bonita Street Page 10 Tustin General Plan Tustin Grading Manual Flood Insurance Rate Map dated December 3, 2009 (Map Number 06059CO277.n Tustin Guidelines for Preliminary WQMPs TCC Section 4900 et al. — Water Quality Control Preliminary Water Quality Management Plan X. LAND USE & PLANNING Items a & c - "No Impact ": The subject property is currently and has always been used for residential purposes since urbanization of the area in the early 201' century. The property is zoned as Multiple Family Residential (R3 2000) and surrounded on all sides by other residential uses with the same zoning designation. As proposed, residential uses would continue at the she which are consistent with other uses in the neighborhood and there would be no physical division of the existing community. Thele is no established habitat conservation plan or natural community conservation plan within the area of the project site. The project would not conflict with any applicable conservation plan. Item b - `Less Than SleniRcant Impact General Plan Amendment 2015-01 proposes to change the property's General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HIDA). The property's prior Land Use Designation of Multiple Family Residential (MF) was changed to Community Commercial (CC) during a comprehensive City initiated General Plan Update approved in 1994.Multiple family zoning and use of the property was never changed to reflect CC Land Use Designation or implement a commercial use. Without significant lot consolidation with other properties and redevelopment along Newport Avenue, commercial development of the property is highly unlikely due to the small lot size (8,500 square feet), lot orientation (narrow street frontage), and location (surrounding residential uses). The proposed General Plan Amendment would return the property to its prior General Plan Land Use Designation which would be consistent with the existing use of the property and offer a more practicable land use of the property given the existing context. Mitigation/MonitoringRequired: No mitigation is required Sources: Field Verification Submitted Plans Tustin City Code Tustin General -Plan Tustin Zoning Map RI. MINERAL RESOURCES Items a, b - "No Impact, According to the City of Tustin General Plan Conservation/Open Space/Recreations Element (Figure COSR-2) there are no known mineral resources within the City that would be of value to the region and the residents of the state. The proposed development will not have impacts on energy conservation or mineral resources with respect to adopted energy conservation plans or loss of available known mineral resources. Attachment A Evaluation of Environmental Impacts 1051" Bonita Street Page 11 AfRigation/MonitoringRequired: No mitigation is required. Sources: Submitted Plans Tustin General Plan o I ter fain Items a. b. a e. and f— "No lmvaet':- The proposed residential condominium project is not anticipated to expose persons to or generate noise levels in excess of local standards of the General Plan or noise ordinance or expose persons to excessive groundbome vibration. Construction activities would be required to comply with the City's restrictions on allowabIc construction hours. The project proposes a total of four dwelling units which equates to two additional residences than currently existing at the site and is not anticipated to create any noise impacts to the existing neighborhood. A noise analysis has been prepared for the project which identifies construction design standards and materials to ensure that the two new condominium buildings will meet the requirements of the City's Noise Ordinance. The site is not located within an airport land use plan or a private airstrip Item d `Less Than Slenfflmnt Impact". Development of the she would result in short-term construction noise impacts that will be minimized through adherence to the City's construction hours. M;tigation/Monitoring Required: No mitigation is required, implementationlinstallation of the construction and material recommendations contained within the Noise Analysis prepared for the project. Sources: Tustin City Cade Tustin General Plan John Wayne Airport Environs Land Use Plan XIIL POPULATION & HOUSING, Item a—c "No Impart' The project site is improved with two residential dwelling units and the proposed project would result in the creation of a total of four dwelling units for a net gain of two dwelling units. The creation of two additional dwelling units at the subject property would not induce substantial population growth in an"urban•area that is already built -out. The two existing dwelling units at the subject property are rental units which would require the tenants to relocate upon project approval and construction activities. The removal of two dwelling units to be replaced with four dwelling units and the displacement of two tenants would not constitute the displacement.of substantial numbers of existing housing or people. Mirtgation/Monitoring Required: No mitigation is required. Sources: Field Verification Submitted Plans Tustin General Plan Tustin City Code Attachment A Evaluation of Environmental Impacts 1051 Bonita Street Page 12 XIV. PUBLIC SERVICES Item a - "No Impact": Thera will be no increase in the demand to public services as a result of the proposed project All public services are existing and adequate to serve the aggregate of two additional dwelling units that is being proposed. The project site is an infill site currently used for residential purposes and located within an urbanized area The development is required to pay School Impact fees as adopted by the Tustin Unified School District, and the project will be routed to all affected agencies for review and comment. All other new development fees applicable to the project will also be required to be paid. The Orange County Fire Authority provides fire protection services to the City of Tustin and has reviewed the proposed project The City of Tustin Police Department has reviewed the project and has no concerns regarding their ability to service the project. No impact to public services requiring new or physically altered facilities such as schools, fire protection, police services, City or regional parks, or other public facilities are anticipated as a result of the project. Mitigation/MonitoringRequired: No mitigation is required. Sources: Field Verification Submitted Plans Tustin City Code Tustin General Plan XV. RECREATION Item a &b "No Impact' The project proposes the construction of a four unit condominium complex which would provide 1,618 square feet of open space on-site for use by the residents. The size of the project would not result in a significant increase in the use of park or recreation facilities which would lead to substantial physical deterioration of said facilities. No recreation facilities are placated in association with the proposed project; however, the subdivider would be required to pay fees io-lieu of providing park facilities in accordance with the City's Subdivision Ordinance. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Verification Submitted Plans Tustin City Code Tustin General Plan XVI. TRANSPORTATION/fRkMC Item a — f "No Impact" - No roadway improvements are proposed or required for the development. No impacts to traffic are anticipated as the project proposes a four unit condominium complex on a property currently used for residential purposes within a built -out residential neighborhood The proposed project meets the zoning and development standards of the Multiple Family Residential (R3 2000) zoning district. Proposed construction within the public right -of --way will involve the relocation of the drive apron along Bonita Street as well as installation of the public sidewalk The property is an interior' lot Attachment A Evaluation of Environmental Impacts 1051 Bonita Street Page 13 which is over 200 feet from the closest street intersection. Fite Department access along the 170 foot long property are available from Bonita Street as well as the public alley to the rear of the property. As proposed; the project would not conflict with any circulation plan, traffic patterns, congestion management program, or create hazards to the public. Mitigation/MonitoringRegtdred. No mitigation is required. Sources: Field Verification Submitted Plans Tustin City Code Tustin General Plan XVII, U rU ITIES & SERVICE SYSTEMS Items a—e- "No lmnact": Water and sewer services and other utilities are available to the site since the project is within an urbanized area and has been previously developed. The City of Tustin Water Department has reviewed the proposed project for compliance with their standards. The proposed four condominium residences would replace existing residential structures on site and would not create a substantial draw on existing utilities. Separate water meters will be required for each dwelling unit to connect to the water mainline along Bonita Stred. The project is a priority project and a preliminary Water Quality Management Plan (WQMP)has been prepared to evaluate water treatment on-site. Construction of new wastewater treatment and/or storm drain facilities to service the project are not requited. The project will connect to the existing sewer system. Compliance with utility or service provider and City requirements identified during project review will ensure that no impacts occur. CR&R Waste Services provides solid waste collection and disposal services to the City of Tustin The project would be required to comply with local, state, and federal requirements for integrated waste management (i.e. recycling) and solid waste disposal. The project is anticipated to have no impact on landfill capacity. Mingation/Monitoring Required: No mitigation is required. Sources: Field Verification Submitted Plans Tustin City Code Tustin General Plan Tustin Guidelines for Preliminary WQMPs XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Items a - e - "No Instwi, The project involves the development of a four unit condominium complex consisting of two buildings which would replace two existing detached residential units. General Plan Amendment 2015-01 would return the property to the General Plan Land Use Designation for high density residential purposes which the property was previously designated consistent with other residentially used properties along Bonita Street. The neighborhood is built -out within an urbanized area and has been developed for residential purposes. The project meets the applicable development standards of the Multiple Family Residential (R3 2000) zoning district There are no cumulative impacts anticipated and the project is not expected to have any adverse effects on human beings. Attachment A Evaluation of Environmental Impacts 1051 BonitaStreet Page 14 Afitigation/Monitoring Required: No mitigation is requited. Sources: Field Verification Submitted Plans Tustin City Code Tustin General Plan City of Tustin Historical Resources Survey (1990) Update to Tustin Historical Resources Survey (2003) ATTACHMENT H RESOLUTION NO. 16-10 GPA 2015-01 RESOLUTION NO. 16-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 2015-01 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMUNITY COMMERCIAL (CC) TO HIGH DENSITY RESIDENTIAL (HDR) FOR THE PROPERTY LOCATED AT 1051 BONITA STREET. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That a proper application for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 was filed by Yenny Ng Designs Architects on behalf of Goliath F&M LLC requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and subdivide an existing parcel located at 1051 Bonita Street for condominium purposes to accommodate the construction of four (4) dwelling units located within two (2) residential buildings; B. That the subject property was prezoned as Multiple Family Residential (R3 2000) and designated as Multiple Family Residential (MF) under the General Plan Land Use description prior to annexation to the City of Tustin from the County of Orange in 1978; C. That the subject property's designation of MF was then changed to Community Commercial (CC) during a comprehensive General Plan Update which was approved by the Tustin City Council on February 9, 1994, through the adoption of Resolution No. 94-19; D. That the subject property has been used for residential purposes and the proposed General Plan Amendment would be consistent with the current use and zoning of the property and consistent with the use, zoning, and General Plan Land Use designation of other properties on Bonita Street; E. That the City conducted a ninety (90) day consultation period on the project with California Native American Tribes pursuant to Government Code Sections 65351 and 65352.3; F. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with the project which concluded there is no substantial evidence that the project may have a significant effect on the environment, and a Draft Negative Declaration (ND) was prepared; Resolution No. 16-10 Page 2 G. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20 -day public review and comment period from November 12, 2015, to December 1, 2015, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; H. That the Planning Commission continued the item from the December 8, 2015, meeting at the request of City staff in order to provide adequate time to complete the required noticing of the project pursuant to State law. The item was continued to a date certain of January 12, 2016, and all required noticing of the project was completed; That a public hearing was duly called, noticed, and held for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 on January 12, 2016, by the Planning Commission. Following the public hearing, the Planning Commission adopted Planning Commission Resolution Nos. 4303, 4304, and 4305, recommending that the City Council find that the Negative Declaration is adequate for the project and approve the proposed project entitlements; J. That a public hearing was duly called, noticed, and held for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 on February 2, 2016, by the City Council; K. That the City Council considered the Initial Study and the Negative Declaration and adopted Resolution No. 16-09, finding it adequate for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21; L. That proposed General Plan Amendment 2015-01 is consistent with the following General Plan Land Use goals and policies: 1. Policy 1.1: Permit compatible multi -family development to meet regional housing needs where best suited from the standpoint of current development, accessibility, transportation and public facilities. 2. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. 3. Policy 4.6: Maintain and enhance the quality of healthy residential neighborhoods, and safeguard neighborhoods from intrusion by non -conforming and disruptive uses. Resolution No. 16-10 Page 3 4. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. 5. Policy 6.6: Improve the overall quality of Tustin's multi -family neighborhoods through: a) improved buffers between multi -family residences and adjacent freeway edges, commercial and industrial uses; b) provision of usable private and common open space in multi -family projects; c) increased code enforcement; and d) improved site, building, and landscape design. II. The City Council hereby approves General Plan Amendment 2015-01 authorizing a change to the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) for the property located at 1051 Bonita Street as identified in Exhibit A attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 2nd day of February, 2016. JOHN NIELSEN MAYOR ATTEST: ERICA N. RABE CITY CLERK Resolution No. 16-10 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 16-10 ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does 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. 16-10 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of February, 2016, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, CITY CLERK EXHI:IT A RESOLUTION NO. 1 5-1 0 Eidsting Genese Pian e CC [proposed Genese Pian o HDR ATTACHMENT RESOLUTION NO. 16-11 TPM 2015-139, DR 2015-10 and CUP 2015-21 RESOLUTION NO. 16-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2015-139, DESIGN REVIEW 2015-10, AND CONDITIONAL USE PERMIT 2015-21 AUTHORIZING THE SUBDIVISION OF AN EXISTING 8,500 SQUARE FOOT LOT CONSISTING OF ONE (1) NUMBERED LOT FOR THE DEVELOPMENT OF FOUR (4) CONDOMINIUM RESIDENCES LOCATED AT 1051 BONITA STREET. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That a proper application for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 was filed by Yenny Ng Designs Architects on behalf of Goliath F&M LLC requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and subdivide an existing parcel located at 1051 Bonita Street for condominium purposes to accommodate the construction of four (4) dwelling units located within two (2) residential buildings; B. That the property is zoned as Multiple Family Residential (R3 2000) and proposes a General Plan Land Use Designation of High Density Residential (HDR) under General Plan Amendment 2015-01. 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 the primary residence at the subject property is identified in the City's 1990 Historical Survey as a "D" rated structure with severe alterations while the 1000 block of Bonita Street is listed with a National Register Historic Preservation (NRNP) Status Code: 5S3 in the City's 2003 Update to the Historical Resources Survey; D. That the demolition of the structures at the subject property and construction of two (2) duplex buildings to accommodate condominiums will not have a significant impact on a historical resource. The primary residence at the subject property is not a significant example of a California Bungalow at the local or regional level nor does it have a linkage to important persons or events within the City. Furthermore, there are significant alterations to the property from its original condition. The residences along Bonita Street are not eligible for individual listing on the City's Historic Survey; E. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with the project which concluded there is Exhibit A Resolution No. 16-11 Page 2 no substantial evidence that the project may have a significant effect on the environment, and a Draft Negative Declaration (ND) was prepared; F. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20 -day public review and comment period from November 12, 2015, to December 1, 2015, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; G. That the Planning Commission continued the item from the December 8, 2015, meeting at the request of City staff in order to provide adequate time to complete the required noticing of the project pursuant to State law. The item was continued to a date certain of January 12, 2016, and all required noticing of the project was completed; H. That a public hearing was duly called, noticed, and held for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015- 10, and Conditional Use Permit 2015-21 on January 12, 2016, by the Planning Commission. Following the public hearing, the Planning Commission adopted Planning Commission Resolution Nos. 4303, 4304, and 4305, recommending that the City Council find that the Negative Declaration is adequate for the project and approve the proposed project entitlements; That a public hearing was duly called, noticed, and held for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015- 10, and Conditional Use Permit 2015-21 on February 2, 2016, by the City Council; J. That the City Council considered the Initial Study and the Negative Declaration and adopted Resolution No. 16-09, finding it adequate for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21; K. That the City Council considered General Plan Amendment 2015-01 and adopted Resolution No. 16-10, approving the request to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) for the property located at 1051 Bonita Street; L. That as conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code) in that; 1. The proposed Tentative Parcel Map 2015-139 and improvements are consistent with the proposed General Plan Amendment 2015-01, Multiple Family Residential (R3 2000) zoning designation, Tustin City Code, and Subdivision Map Act. Exhibit A Resolution No. 16-11 Page 3 2. The site is physically suitable for the type of development and proposed density in that the development of four (4) condominium residences on an 8,500 square foot parcel is within the allowable density requirements of proposed General Plan Amendment 2015-01. 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 as a public sidewalk and parkway improvements will be installed as a result of the project. 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. 7. That recommendations provided in the preliminary geotechnical report would be implemented in the grading and foundation improvements associated with the project. M. That the City's Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct; N. That the project meets the development standards of the Multiple Family Residential (R3 2000) zoning district; O. That Tustin City Code Section 9331d requires the subdivider to pay a fee in lieu of providing a parkland dedication; P. 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 in the neighborhood, 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: Exhibit A Resolution No. 16-11 Page 4 1. Multiple family dwellings inclusive of condominiums and apartments are prevalent in the neighborhood and allowed by the applicable zoning. 2. The subject property is currently developed with multiple dwelling units and the proposal would result in a net increase of two dwelling units. 3. The project would result in the construction of parkway improvements within the public right-of-way including the installation of a public sidewalk along Bonita Street. 4. As proposed the building fronting Bonita Street would appear as a two story single family residence with a single point of entry and orientation towards the street. 5. The project architecture and detailing would enhance the Bonita Streetscape. Q. 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 story multi -family residences in the area of a similar massing and scale. In addition, the architectural design and features are an enhancement to the existing housing stock 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 City Council 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 method of refuse storage. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 12. Development guidelines and criteria as adopted by the City Council. II. The City Council hereby approves Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 authorizing the subdivision of an existing 8,500 square foot lot consisting of one (1) numbered lot for the Exhibit A Resolution No. 16-11 Page 5 development of four (4) condominium residences located at 1051 Bonita Street, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 2nd day of February, 2016. , JOHN NIELSEN MAYOR ATTEST: ERICA N. RABE CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 16-11 ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does 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. 16-11 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of February, 2016, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, CITY CLERK Exhibit A Resolution No. 16-11 Page 6 EXHIBIT A RESOLUTION NO. 16-11 TENTATIVE PARCEL MAP 2015-139, DESIGN REVIEW 2015-10, AND CONDITIONAL USE PERMIT 2015-21 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 2, 2016, 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 Design Review 2015-10 and Conditional Use Permit 2015-21 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 Resolution No. 16-11 Page 7 (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 Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 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 Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 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 parry 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. (***) 1.9 Approval of Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 is contingent upon City Council approval of General Plan Amendment 2015-01. BUILDING PLAN SUBMITTAL (1) 2.1 The design code shall be the 2013 CA Residential Building Code (CRC), except when superseded by the 2013 CA Building Code (CBC), as amended and adopted by the City of Tustin. Use Table R301.2(1) "Climatic and Geographic Design Criteria" as amended and adopted by City of Tustin. (1) 2.2 The plan shall comply with the 2013 CA Green Building Standards ("CaIGREEN) for new low-rise residential buildings, as amended and adopted by City of Tustin. Primarily, use Chapter 4 "Residential Mandatory Measures" including pre -wiring provisions for Electric Vehicle (EV) charging stations. (1) 2.3 Provide one-hour fire-resistant construction on the underside of roof eaves that extend closer than 5'0" to the property lines (north and south property lines). Exhibit A Resolution No. 16-11 Page 8 (1) 2.4 Dwelling units in two-family dwellings shall be separated from each other by one-hour fire-resistant wall assembly from the concrete floor to the underside of the roof sheathing. (1) 2.5 An automatic residential fire sprinkler system shall be designed and installed in accordance with NFPA 13 D. (1) 2.6 All utilities serving the site shall be installed underground. (1) 2.7 All private on-site design and construction of improvement work shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements," except as otherwise approved by the Building Official. Said plans shall include, but not be limited to, the following: A. Drive aprons; B. Signing/striping plan; C. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and Orange County Sanitation District (OCSD). These facilities shall be consistent with the standards of the OCSD; D. Underground utility connections: All utility lines shall be placed underground; E. Fire hydrants; and F. Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City -franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities. (1) 2.8 The development plans shall incorporate all recommendations from the Geotechnical Report. 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. Exhibit A Resolution No. 16-11 Page 9 (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 shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. LAN DSCAPING/HARDSCAPE (1) 4.1 At plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: A. Include a summary table identifying 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. Turf is unacceptable for grades planting materials shall be used. is not acceptable. over 25 percent. A combination of On large areas, ground cover alone G. 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. H. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. Exhibit A Resolution No. 16-11 Page 10 I. Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. J. 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. (1) 4.2 The project shall comply with the City's Water Efficient Landscape Ordinance and any Executive Orders issued from the Governor of the State of California pertaining to water conservation and irrigation methods. (4) 4.3 . 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. (1) 4.4 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. Landscaping shall be utilized to screen the devices where possible. (1) 4.5 The subdivider shall pay park fees in lieu of dedication in compliance with Tustin City Code Section 9331 d. Said fees shall be paid prior to issuance of Certificate of Occupancy for the first dwelling unit. USE RESTRICTIONS (5) 5.1 Individual trash cart service may be provided on the site. Trash carts shall be placed only in the locations identified on an approved "Trash Pick-up Plan" up to twelve (12) hours prior to regularly scheduled trash collection and shall be removed within twelve (12) hours of trash collection. (1) 5.2 No outdoor storage shall be permitted during grading or building stages, except as approved by the Community Development Director. (***) 5.3 Design and construction of all on-site and off-site developer required public infrastructure and utility systems shall be constructed prior to issuance of the first Certificate of Occupancy. CC&Rs (1) 6.1 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, City Attorney's Office, and Special Counsel. Costs for such review shall be borne by the subdivider. The approved CC&Rs shall be recorded with County Recorder's Office Exhibit A Resolution No. 16-11 Page 11 prior to issuance of building permits. A copy of the final documents shall be submitted to the Community Development Department after recordation. (1) 6.2 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, or slope maintenance landscaping, private streets, and utilities. No dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, have been completed. 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 including amenities, landscaped areas, 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, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees 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 Exhibit A Resolution No. 16-11 Page 12 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 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. I. 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. 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. 2. Residents shall park vehicles in garage and/or carport spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. Exhibit A Resolution No. 16-11 Page 13 3. The homeowners association shall be responsible for monitoring and enforcing all parking regulations on-site. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking on-site 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, drives, alleys, walkways, 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. 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. Exhibit A Resolution No. 16-11 Page 14 ORANGE COUNTY FIRE AUTHORITY (1) 7.1 Prior to issuance of a grading permit the applicant or responsible party shall submit a fire master plan (service code PR145) to the Orange County Fire Authority for review. Approval shall be obtained prior to the issuance of grading or building permits. (1) 7.2 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) 7.3 Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting www.ocfa.org and clicking on "Fire Prevention" and then "Planning & Development Services." NOISE (1) 8.1 In accordance with the Noise Analysis, all units shall be constructed with the recommended sound attenuation construction details 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 and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 9.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Final Water Quality Management Plan (WQMP). 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 Resolution No. 16-11 Page 15 (1) 9.4 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & 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 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) 9.6 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 9.7 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) 9.8 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) 9.9 The applicant shall comply with all City policies regarding short- term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (1) 9.10 A certified Native American monitor shall be on site during any and all ground disturbances including all grading activities. PUBLIC IMPROVEMENTS (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 Prior to issuance of a certificate of occupancy, the applicant shall complete street improvements on Bonita Street along the project frontage consisting of: a. Design and construct concrete sidewalk, landscape, and irrigation system along the property frontage on Bonita Street. Exhibit A Resolution No. 16-11 Page 16 b. Remove the existing depressed curb and driveway apron and replace it with full height curb along Bonita Street. (1) 10.3 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 g) Domestic water facilities b) Sidewalk, including curb ramps h) Sanitary sewer facilities for the physically disabled i) Sanitary sewer facilities c) Drive aprons j) Landscape/irrigation d) Signing/striping k) Dry utility lines e) Street lighting f) Catch basin/storm drain laterals/ connection to existing storm drain system (1) 10.4 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) 10.5 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) 10.6 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) 10.7 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 Exhibit A Resolution No. 16-11 Page 17 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. 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) 10.8 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) 10.9 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) 10.10 The applicant's project is within the East Orange County Water District (EOCWD) service area. A release/approval from the 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) 10.11 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 Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 10.12 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING CONDITIONS (1) 10.13 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 Exhibit A Resolution No. 16-11 Page 18 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. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. All single family residential projects shall submit a 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. The minimum deposit amount shall by $500 and the maximum deposit amount shall be $2,500. C. Prior to issuance of a 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". MISCELLANEOUS CONDITIONS (1) 10.14 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) 10.15 Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 15` of each year. (1) 10.16 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitary District (OCSD) for sanitary sewer service connections, as applicable, from the appropriate agency. (1) 10.17 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. Exhibit A Resolution No. 16-11 Page 19 FINAL PARCEL MAP (1) 11.1 Preparation and recordation of a final subdivision map shall be required. (1) 11.2 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) 11.3 Prior to issuance of a Building Permit(s), the applicant shall submit an 8'/z" 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)(5) 12.1 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 to the Tustin Public Works Department are required at the time a building permit is issued. 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 (prior to first Certificate of Occupancy). Exhibit A Resolution No. 16-11 Page 20 (1) 12.2 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.