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.
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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.
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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
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IN THE 11"'iTY OF TUSTIN
COUNTY OF ORANGE, STATE OF CALIFORNIA
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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
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Ara4t mar.6bftoL4ka6
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b= O%d W% 8W 00 ONO W^Mft 00000 0 OW&M IN 1699011 V*d*
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sena mot -ow, -wis, so maw ftAftfto&IW
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commas. . 000 momob" 4AW adle".
a OW WWO w OW SOMM 0 I&OWAYA * JW 40fto 040ftOW 0
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SYMBOLS
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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 $0411
Zw"wo
06111"0" M1000JANCCISS091
ftuLft"" "A011411
C
llirfu 4 -r"A; -To i t
A"A.1 vikprmom I I b
04>clilh f L u 14C
10, Du"U kuff
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Tft L OS! 44,S'2i$jj L"LNG
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11110INVOYTEG MIGNS
PC
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ILL f?14j4.i:,S1M ftX"1kIH4A"j1I CA *.-A*
;yi* 54Siititl
NOR
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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
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TVSTIN CONDOMINIUMS
1051 BONITA STREET, TUSTIN, CA 9217W
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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
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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-
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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
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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
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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
❑
❑
❑
❑
❑
®
❑
❑ ❑ ® ❑
❑ ❑ ❑
❑
❑
®
❑
❑
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®
❑
❑ ❑ ® ❑
❑ ❑ ❑
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❑
®
❑
❑
❑
❑
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
❑
❑
❑
❑
❑ ❑ ❑
❑ ❑ ❑
❑
❑
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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
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®
❑
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❑ ❑ ❑ 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
❑ ❑ ❑
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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.