HomeMy WebLinkAboutCC RES 16-11 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:
I. 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;
Resolution No. 16-11
Page 1 of 5
E. That City staff prepared an Initial Study to evaluate the potential 111environmental 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;
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;
Resolution No. 16-11
Page 2 of 5
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.
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,
Resolution No. 16-11
Page 3 of 5
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.
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
Resolution No. 16-11
Page 4 of 5
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
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 of Tustin at a regular
meeting on the 2nd day of February, 2016.
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ERICA N. RABE,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Erica N. Rabe, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 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: Nielsen, Bernstein, Gomez, Murray,
Puckett ( 5)
COUNCILMEMBER NOES: None ( o)
COUNCILMEMBER ABSTAINED: None ( 0)
COUNCILMEMBER ABSENT: None ( 0 )
ERICA N. RABE,
City Clerk
Resolution No. 16-11
Page 5 of 5
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
111
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
Resolution No.16-11 -Exhibit A
Page 1 of 15
(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
111
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.
t
Resolution No. 16-11 -Exhibit A
Page 2 of 15
111
(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).
(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.
Resolution No.16-11 -Exhibit A
Page 3 of 15
Additional color and material samples may be requested by City staff at the
time of plan check. Substitutions to the approved materials may occur
subject to the approval of the Community Development Director.
Enhancements to the architectural detailing may be required at the time of
plan check based on the proposed materials.
(4) 3.3 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.
LANDSCAPING/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 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
Resolution No. 16-11 -Exhibit A
Page 4 of 15
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,
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
(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
Resolution No. 16-11 -Exhibit A
Page 5 of 15
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 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.
Resolution No.16-11 -Exhibit A
Page 6 of 15
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, 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.
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
Resolution No. 16-11 -Exhibit A
Page 7 of 15
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
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 1st 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.
0. 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
Resolution No. 16-11 -Exhibit A
Page 8 of 15
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.
(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-
Resolution No. 16-11 -Exhibit A
Page 9 of 15
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 0 & M Plan to Fund and Maintain Water Quality
BMPs, Consent to Inspect, and Indemnification", with the County Clerk-
Recorder. These documents shall bind current and future owner(s) of the
property regarding implementation and maintenance of the structural and
non-structural BMPs as specified in the approved WQMP.
(1) 9.5 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.
Resolution No.16-11 -Exhibit A
Page 10 of 15
(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
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
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Resolution No.16-11 -Exhibit A
Page 11 of 15
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(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 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.
Resolution No. 16-11 -Exhibit A
Page 12 of 15
(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 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 1st of each year.
Resolution No. 16-11 -Exhibit A
Page 13 0115
(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.
(1) 11.3 Prior to issuance of a Building Permit(s), the applicant shall submit an 8'/"
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.
Resolution No. 16-11 -Exhibit A
Page 14 of 15
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.
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Resolution No.16-11 -Exhibit A
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