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HomeMy WebLinkAbout06-D4 (PC RES 4327 (TENATIVE TRACT MAP))RESOLUTION NO. 4327 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 17993 FOR RESIDENTIAL CONDOMINIUM PURPOSES, DESIGN REVIEW 2016-004, AND DEVELOPMENT AGREEMENT 2016-002 AUTHORIZING THE SUBDIVISION OF AN APPROXIMATELY 6.81 ACRE SITE CONSISTING OF TWO (2) NUMBERED LOTS AND ONE (1) LETTERED LOT FOR THE DEVELOPMENT OF ONE HUNDRED FORTY (140) CONDOMINIUM RESIDENCES LOCATED AT 320- 438 WEST 6 TH STREET AND 620-694 S. B 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 has been submitted by Intracorp SoCal-1 LLC for the development of one hundred forty (140) residential condominium units with "common and private open space including . a recreation center, swimming pool and paseos, and a privately owned and maintained public park,- on an approximately 6.81 acre site located at 320-438 W. 6th Street and 620-694 S. B Street. B. That the Development Application requests the following approvals: • General Plan Amendment (GPA) 2016-01 to change the General Plan Land Use Designation from Industrial to Planned Community Residential. • Zone Change (ZC) 2016-001 to change the Zoning district from Planned Industrial (PM) to Planned Community (P -C) District. Tentative Tract Map (TTM) 17993 to subdivide an approximately 6.81 acre parcel located at 320-438 W. Sixth Street and 620-694 S. B Street into two (2) numbered and one (1) lettered lots for condominium purposes to accommodate construction of one hundred forty (140) attached residential condominium units within twenty seven (27) residential buildings, a recreation center and swimming pool to serve residents, and a privately owned and maintained 3,709 square foot park for the use and enjoyment of the public for public benefit. • Design Review (DR) 2016-004 for the site, architectural and landscape plans. • Development Agreement (DA) 2016-002 to facilitate the development of a 6.81 acre site and to provide for public benefits. Resolution No. 4327 Page 2 C. 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; D. That Tustin City Code (TCC) Section 9323b2 requires a tentative tract map be prepared for subdivisions creating five or more condominiums as defined in Section 783 of the California Civil Code. E. That TCC Section 9272b requires the applicant obtain Design Review for site plan, architectural elevations and landscaping for construction of a new development prior to the issuance of any building permit. F. That the subject property is currently developed with an industrial park consisting of eleven (11) industrial buildings. G. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with Tentative Tract Map 17993, DR 2016-004 and DA 2016-002 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a Mitigated Negative Declaration (MND) was prepared. H. That a Notice of Intent to Adopt a MND was published and the MND and Initial Study were made available for a thirty (30) day public review and comment period from July 27, 2016, to August 26, 2016, in compliance with Sections 15072 and 15105 of the State CEQA Guideline.; I. Public comments were received and a Final MND with responses to submitted comments was prepared. J. That a public hearing was duly called, noticed, and held for Subdivision (SUB) 2016-03/Tentative Tract Map (TTM) 17793, DR 2016-004, and DA 2016-002 on September 27, 2016, by the Planning Commission. K. That the Planning Commission considered the Initial Study and the MND (Resolution 4324) and recommended that the City Council find it adequate for SUB 2016-03/TTM 17793, DR 2016-004, and DA 2016-002. L. That as conditioned, the map would be in conformance with the State Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that: 1. The proposed TTM 17993 and improvements are consistent with GPA 2016-01, Planned Community (P -C) zoning designation, TCC, and Subdivision Map Act. 2. The site is physically suitable for the type of development and proposed density in that the development of one hundred forty (140) Resolution No. 4327 Page 3 condominium residences on a 6.81 -acre parcel and is within the allowable density requirements of GPA 2016-01. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage in that the development is located on an improved parcel within an urbanized area and any potential environmental impacts can be mitigated to a level less than significant. 4. The design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems as determined by a Health Risk Assessment Report dated March 5, 2016 and 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 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. 6. 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 Planned Community (P -C) zoning district as defined in the Vintage Planned Community Regulations. O. That TCC Section 9331d requires the subdivider to pay a fee in lieu of providing a parkland dedication. P. That where private open space for park and recreational purposes is provided, owned and maintained by future residents (HOA), a credit of twenty five (25) percent of the total parkland requirement may be allowed by the City subject to standards set forth in TCC Section 9331 d5. Q. That the project complies with the standards contained in TCC 9331d5 and a park -in lieu fee credit of 10,215 square feet is appropriate. R. That the State Housing Element mandates that local governments adequately plan for housing needs of all economic segments of the community and Goal 1 of the Tustin General Plan Housing Element supports state housing law. The project is a market -rate for sale housing Resolution No. 4327 Page 4 development and would not be affordable housing ,under the state law. S. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will pay an in -lieu affordable housing fee which will be used for. development of affordable housing another location within the City. T. 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 structures. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, and roof structures. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of mechanical and electrical equipment. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development guidelines and criteria as adopted by the City'Council. U. That the application for a DA is governed by 65864 et seq. of the Government Code and Sections 9600 to 9619 of the TCC. In accordance with TCC 9611, the Planning Commission must make a recommendation on the proposed Development Agreement to the City Council. The Development Agreement attached hereto as Exhibit B can be supported by the following findings: 1. That the Development Agreement is consistent with GPA 2016-01 and ZC 2016-001, the project will be consistent with the objectives, policies, general land uses and programs specified in the General Plan in that residential uses are permitted uses within the Planned Community Residential (PC -Residential) land use designation and the Planned Community (PC) zoning district. Resolution No. 4327 Page 5 2. The project is compatible with the uses in the district in which the real property is located in that similar and compatible residential uses exist in close proximity to the project site. 3. That the project is compatible with the uses authorized in the district in which the property is located. 4. That the. project is located adjacent to the Cultural Resources District and within walking distance of Old Town Tustin and will generate and contribute to the support of commercial activity in Old Town Tustin. 5. That the project is in conformity with the public necessity, public convenience, general welfare and good land use practices in that the project would provide 140 new housing units for new and existing Tustin residents thereby providing additional options of housing types to the City's house stock. 6. The project will not be detrimental to the health, safety and general welfare. The project will comply with the TCC, mitigation measures and conditions of approval and other regulations to ensure that the project will not be detrimental to the community. 7. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed and equipped with the necessary infrastructure and amenities to support existing and future residents and businesses in the City. 8. That the provision to require the removal of the cell site prior to completion of the project would ensure the project compliance with the Tustin City Code and would not create a non -conforming condition at the project site. 9. That the approval of the DA will provide for an orderly development and provide public benefits. 10. A Fiscal Impact Analysis was prepared and submitted along with the DA which verifies that the project will have -a positive fiscal impact on the City over and above that of the current industrial uses. II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 17993, Design Review 2016-004, and Development Agreement DA 2016-002 authorizing the subdivision of an existing 6.81 -acre site consisting of two (2) numbered lots and one (1) lettered lot for the development of one -hundred forty (140) condominium residences located at 320-438 W. Sixth Street and 620-695 S. B Street, subject to the conditions contained within Exhibit A, attached hereto. 1 J G Resolution No. 4327 Page 6 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 27thth day of September, 2016. til �tiG�GoL;Ra ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) AUSTIN LUMblCkD Chairperson I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4327 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of September, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Kozak, Lumbard, Mason (3) ompson 1 Smith (1) EXHIBIT A RESOLUTION 4327 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 17993, DESIGN REVIEW 2016-004 AND DEVELOPMENT AGREEMENT 2016-002 320-438 W. Sixth Street & 620 to 694 S. B Street GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 18, 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 (TCC). (1) 1.2 Approval of Design Review (DR) 2016-004 shall become null and void unless permits for the proposed project are issued and substantial construction is underway within sixty (60) days of recordation of the final map or within twelve (12) months of this approval, whichever comes first, unless otherwise provided for by Development Agreement (DA) 2016-002. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 DR 2016-004 and Subdivision (SUB) 2016-03/Tentative Tract Map (TTM) 17993 shall be null and void unless the City Council approves General Plan Amendment (GPA) 2016-01 and Zone Change (ZC) 2016-001. (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 Approval of DA 2016-002, SUB 2016-03/TTM 17993 and DR 2016-004 are 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION 1 C 1 1 Exhibit A Resolution No. 4327 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 As a condition of approval of GPA 2016-01, ZC 2016-001, DA 2016-002, SUB 2016-03/TTM 17993 and DR 2016-004, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.9 Ordinance No. 1472 rezoning the property from Planned Industrial (PM) to Planned Community District (P -C) shall not become effective until recordation of the final subdivision map and a covenant running with the land. The covenant running with the land shall provide that no more than one hundred forty (140) dwelling units shall be developed and maintained on the property and that in the event building permits for the construction of the project as approved pursuant to DA 2016-002, SUB2016-03/TTM 17993 and DR 2016-004 are not issued within sixty (60) days of recordation of the final map or within twelve (12) months of this approval, unless otherwise provided for by DA 2016-002, whichever occurs first, the Developer and/or Owner of the property and their successors and assigns will not contest or protest the rezoning of the property by the City, nor will any of them contest or protest the invalidation of DA 2016-002 and DR 2016-004 approvals and other project approvals. (1) 1.10 All activities shall comply with the City's Noise Ordinance. (1) 1.11 The applicant shall comply with executed DA 2016-002. MITIGATION MONITORING AND REPORTING PROGRAM (1) 2.1 The project shall comply with the Mitigation Monitoring and Reporting (Resolution No. 4325) Exhibit A Resolution No. 4327 Page 3 PUBLIC BENEFITS/DEVELOPMENT AGREEMENT (***) 3.1 Prior to the issuance of the final certificate of occupancy for a residential unit in Phase 1, Developer shall construct and install the approved non - illuminated sign identifying "Old Town Tustin" on the Project sound wall adjacent to Interstate 5 freeway such that it will not encroach into the Caltrans right-of-way. (***) 3.2 Project signage (wall, monument and directional signage) shall be reviewed under separate permit and are not part of the project approval. (***) 3.3 Prior to issuance of the first certificate of occupancy for a residential unit in Phase 1 of the development Developer shall construct, a privately owned, publicly accessible urban park (Park Facilities) along Sixth Street, of not less than 3,709 square feet in the location shown on the approved plans, including, but not limited to, the following amenities: dog station, seating, focal point, pathway and landscaping, or such alternative amenities as may be approved by the Director of Community Development. (***) 3.4 Prior to the issuance of the first certificate of occupancy for a residential unit in Phase 1 of the development, Developer shall pay to the City the sum of Twenty Two Thousand Dollars ($22,000) to be utilized by the City for intersection and signal improvements. (***) 3.5 Prior to the issuance of the demolition permit, Developer shall submit plans to the Director of Community Development for fencing or other temporary enclosure to shield the communications cell tower equipment from pedestrian and vehicular view on Sixth Street for review and approval. Such fencing or enclosure design shall require approval by the Director of Community Development and shall remain in place until the communications cell tower and equipment are removed. (***) 3.6 Prior to issuance of the first certificate of occupancy for a residential unit in Phase 6 of the Project and no later than August 31, 2019, Developer shall remove the existing communications cell tower and related ground -level equipment currently located on the subject property. No lease extension of time shall be allowed or granted for the removal of the cell tower and related ground -level equipment beyond August 31, 2019. TENTATIVE TRACT MAP 17993 (1) 4.1 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 TCC, 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 ninety (90) days prior to the expiration of the Tentative 11 Exhibit A Resolution No. 4327 Page 4 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 TCC and State Subdivision Map Act. (1) 4.2 The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance, the TCC, applicable City guidelines and standards and applicable mitigation measures, project design features and policies, plans and procedures identified in the certified Mitigated Negative Declaration, and other agreements with the City unless otherwise modified by this Resolution. (1) 4.3 Preparation and recordation of a final subdivision map shall be required. (1) 4.4 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) 4.5 As a condition of recordation of the first phase final map, Developer shall provide a public access agreement or easement to the Park Facilities in favor of the City and the public in form acceptable to the City in its sole discretion. (1) 4.7 Design and construction of all on-site and off-site developer required public infrastructure and in -tract private streets and utility systems, sound wall and signage, recreation area/clubhouse and swimming pool, park facilities, corner bulb -out and striping, frontage landscaping, shall be constructed within the initial phase (Phase 1) of development as identified on the approved Phasing Plan. Model units may be constructed prior to completion of infrastructure if adequate ingress and egress is provided to the satisfaction of the Building Official and Orange County Fire Authority. (1) 4.8 Concurrently with the recordation of the Final Tract Map, the subdivider shall record a covenant that runs with the land which cannot be defeated or eliminated without the consent of the City that the Homeowner's Association maintain 58,065 square feet of usable private open space which is restricted for park and recreational purposes in perpetuity for the benefit of future owners of condominium units. (1) 4.9 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right- of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1) 4.10 CADD Requirements - In addition to the normal full-size map and plan Exhibit A Resolution No. 4327 Page 5 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 linetype 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) 4.11 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitation District East Orange County Water District (EOCWD) for sewer connections. . (1) 4.12 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. USE RESTRICTIONS (***) 5.1 The project shall include one hundred forty (140) residential condominium units with common and private open space including a recreation center, swimming pool and paseos, and a privately owned and maintained public park (Park Facility), on an approximately 6.81 acre site. (4) 5.2 All parking spaces shall be maintained as shown on the approved "Site Plan (Sheet A-2)" Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development. (4) 5.3 Driveways along Sixth Street that serve only as access to garages shall be signed to alert drivers that there is no outlet and no parking in alleys. (4) 5.4 The project shall continuously maintain a minimum of 58,045 square feet of privately maintained common open space. (***) 5.5 The project shall maintain a minimum of 3,709 square feet of publicly accessible private park. (***) 5.6 The project shall install a non -illuminated sign identifying "Old Town Tustin" on the south side of the sound wall adjacent to the Interstate 5 freeway subject to the approval of the Director of Community Development. 1 1 1 Exhibit A Resolution No. 4327 Page 6 (1) 5.7 Unless otherwise agreed by the City in its sole discretion, the property within the tract or any street or sidewalk or alleyway thereon shall not be privately gated; provided however, that a swimming pool and/or spa facility within the private common area and any private indoor common area improvement, including clubhouse and bathrooms, may be gated or locked and made available solely to residents of the Project and their guests. (1) 5.8 No outdoor storage shall be permitted during grading or building stages except as approved by the Community Development Director. (1) 5.9 Prior to the first issuance of certificate of occupancy in Phase Seven (7), the alley between Buildings 8 and 9 as shown on Architectural Site Plan (Sheet No. A-2) shall be extended to provide 3 feet for additional back up space for garage exiting. CONDITIONS, COVENANTS & RESTRICTIONS (CC&R'S) (1) 6.1 Prior to the approval of the final map, all organizational documents for the project including any covenants, conditions, -and restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. (1) 6.2 CC&Rs submitted to the City for review shall contain a table itemizing each of the requirements identified herein and the page/paragraph where they are addressed in the CC&Rs. (1) 6.3 The approved CC&Rs shall be recorded with County Recorder's Office concurrent with the Final Map. A copy of the final documents shall be submitted to the Community Development Department after recordation. (1) 6.4 No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowners association has been legally formed with the right to assess all units which are jointly owned or benefitted to operate and maintain all other mutually available features of the development including, but not limited to, public and private open space, amenities, landscaping, private street, and utilities. (1) 6.5 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. Exhibit A Resolution No. 4327 Page 7 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 open space, landscaped areas, walls and fences, private roadways (i.e., walkways, sidewalks, paseos, driveways), lighting, recreation building and swimming pool facilities and furnishings, awnings, trash enclosures, water quality management plan BMPs and private utilities, if any, shall be established in the CC&Rs. D. 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. E. A site plan showing the public portion of the Publicly -Accessible Park and associated public easements that will be accessible to the public and provisions for maintenance of these areas by the homeowners association. F. Provisions for maintenance of the Publicly -Accessible Park Facilities at the sole cost of the homeowner's association, and such obligation shall be set forth in the CC&Rs for the Project. G. Membership in the homeowners association shall be inseparable from ownership in individual units. H. Architectural controls shall be provided and may include, but not be limited to, provisions regulating architectural features, exterior finishes, roof materials, fences and walls, balconies, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the Tustin City Code. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below. 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, and free of debris and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be Exhibit A Resolution No. 4327 Page 8 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 shall 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. J. 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. K. A "Parking and Circulation 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. A total of 349 parking spaces shall be available onsite. At a minimum, a total of 280 parking spaces shall be available onsite permanently maintained at a rate of two garage spaces per dwelling unit. An additional minimum of 35 unassigned guest spaces shall be permanently provided on site at a rate of 0.25 per unit. Any changes to the parking shall be subject to the review and approval by the Community Development Department. All parking spaces shall comply with Tustin Code standards. 2. 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. 3. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. Exhibit A Resolution No. 4327 Page 9 4. The homeowners association shall be responsible for monitoring and enforcing all parking regulations on private property. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking regulations within the development which may include measures for fire access and enforcement by a private security company. L. Provisions for enforcing individual trash cart placement at designated curb areas as shown on the approved "Trash Pick-up Plan" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. M. Maintenance of all common areas, driveways, etc., shall be by the homeowners association. N. Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. O. All utility services serving the site shall be installed and maintained underground. P. 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 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. Q. 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. R. 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 sound wall, shall be permitted without the prior written approval of the Community Development Department. S. In the event Caltrans acquires a portion of the property as part of a future expansion of the Interstate 5 freeway along the project site, Alternative Parking Study" 2A", shall be constructed to reinstate guest parking and the project sound wall. 1 1 1 Exhibit A Resolution No. 4327 Page 10 HOMEBUYER NOTIFICATION (1) 7.1 Prior to recordation of the final map, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes, but is not limited to, the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of each signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy. A. A notice that the Orange County Transportation Authority (OCTA) and the California Department of Transportation (Caltrans) have released a Project Study Report (PSR) proposing to improve Interstate 5 (1-5) between the EI Toro "Y" area near Interstate 405 (1- 405) and State Route 55 (SR -55), in the cities of Irvine and Tustin. The proposed improvements include the addition of a general purpose lane in each direction on the mainline freeway through the project limits, plus additional ramp lanes and auxiliary lanes at some locations. The OCTA and Caltrans project may have a significant impact on the project, including right-of-way acquisition potentially resulting in the loss of guest parking and a requirement that the Homeowner's Association reconstruct the sound wall. A copy of the PSR shall be made available to potential buyers for review. B. A notice that a Health Risk Assessment Report has been prepared for the Tustin Vintage Lofts Project. The health risk assessment determined that the proposed project would not exceed the South Coast Air Quality Management District cancer risk significance threshold. A copy of the Health Risk Assessment Report shall be made available to potential buyers to review. C. A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards and fire hydrants) identifying the type of structure and their locations. D. A notice that aircraft and freeway noise may impact the subdivision. The notice shall further indicate the building upgrades provided to attenuate noise impacts and all requirements of the homeowner to effectively reduce noise in their units. E. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and will require zoning clearance and a business license. F. A notice explaining the easements, facilities, amenities, and dedications that will be provided and indicating all on-site driveways Exhibit A Resolution No. 4327 Page 11 and common areas are to be maintained by the homeowners association. G. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Trash Pick-up Plan" no earlier than twelve (12) hours prior to the scheduled collections and removed within twelve (12) hours of collection. H. A notice explaining and providing a- copy of the approved "Parking Plan" and related CC&Rs provisions. I. A notice explaining and providing a copy of the approved "CR&R" Hauler Route". J. A notice explaining and providing a copy of the approved "Phasing Plan" for future construction within the subdivision and that activity may be disruptive. K. A notice that the public use of the publicly -accessible park will be allowed. L. A notice that all units include upgraded air filtration systems which require regular maintenance in accordance with manufacturer's specifications for optimal performance. SITE AND BUILDING DESIGN (4) 8.1 Driveways along Sixth Street that serve only as access to garages shall be signed to alert drivers that there is no outlet and no parking in alleys. (4) 8.2 Project signage (wall, monument and directional signage) shall be reviewed under separate permit and are not part of the project approval. (4) 8.3 In the event of a Caltrans acquires a portion of the property to expand the Interstate 5 freeway along the project site, Alternative Parking Study shall be constructed to reinstate parking and the project sound wall. (4) 8.4 The project shall comply with regulatory requirements and mitigation measures from the project Mitigated Negative Declaration included in the Mitigation Monitoring and Reporting Program (Resolution No. 4325) (4) 8.5 Applicant and owner are responsible for ensuring that information contained in construction drawings is consistent among architectural, structural, grading, electrical, mechanical, plumbing, fire, utility and public improvement plans as well as other construction drawings. (4) 8.6 Project materials shall comply with those identified in the approved plans and are subject to field verification. Additional color and material samples Exhibit A Resolution No. 4327 Page 12 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) 8.7 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be,included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers, if needed, shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. (4) 8.8 Balcony run-off shall be integrated into the building structure and storm drain system. Balcony drain water shall not drain down the side of balconies and/or building exterior. (4) 8.9 Construction drawings shall specify use of anti -graffiti products for treatment of the sound wall. LANDSCAPING (1, 4) 9.1 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of Tustin's Water Efficient Landscape Ordinance and Tustin City Code Section 9266e. 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. Exhibit A Resolution No. 4327 Page 13 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. 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. K. Landscape adjacent to the right-of-way shall be in compliance with the requirements of the Tustin City Code. Perimeter walls should be treated with vines to relieve large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. L. Landscaping at the project entry shall not limit sight distance of vehicles and pedestrians entering and exiting the site. (1,4) 9.2 The project sound wall adjacent to the Interstate 5 freeway shall be planted with a fast-growing vine on both sides of the wall, but shall not block the "Old Town Tustin" sign. (1,4) 9.3 Prior to issuance of a certificate of occupancy for the last building in each phase of the development, the applicant shall install landscaping and irrigation in accordance with the approved landscape plans. The property owner and Homeowners Association shall be responsible for maintaining landscaping in accordance with the approved landscape plans. Dead plants shall be replaced by the property owner or Homeowner's Association with the same species type and size identified in the approved landscape plans. Exhibit A Resolution No. 4327 Page 14 NOISE (1) 10.1 At plan check, a noise analysis shall be provided to ensure compliance with the Tustin Noise standards. (1) 10.2 In accordance with the noise analysis, all units shall be constructed with appropriate sound attenuation to achieve the minimum noise level standards pursuant to the City's Noise standards. (1) 10.3 At plan check, the applicant shall submit a detailed plan showing the length and height, grading details and type of materials of any required sound walls for review and approval of the Community Development Department. ORANGE COUNTY FIRE AUTHORITY (1, 5) 11.1 Prior to final map approval, the applicant shall submit a Fire Master Plan and Final Tract Map for review and pay all fees associated therewith. (1, 5) 11.2 Prior to issuance of building permits, the applicant shall submit plans for residential fire sprinklers, sprinkler monitoring system and fire alarm system. (1, 5) 11.3 Prior to commencement of construction, applicant shall attend a pre - construction meeting with an OCFA inspector. WATER QUALITY (1) 12.1 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) 12.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Department, 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. After demolition of existing buildings, the applicant shall provide updated infiltration test to confirm proposed BMP will infiltrate. (1) 12.3 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) 12.4 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 Exhibit A Resolution No. 4327 Page 15 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) 12.5 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) 12.6 Prior to approval of the final WQMP, the applicant shall perform percolation testing at the location .of the proposed BMP's, currently obstructed by existing buildings. Revised BMP sizing calculations shall be provided using the proven infiltration rate with an appropriate factor of safety applied, as specified in the Technical Guidance Document (TGD). BMP selection and design shall be revised, as necessary. STREET IMPROVEMENTS (1) 13.1 Prior to issuance of the first certificate of occupancy of Phase 1, the applicant shall complete street improvements on 6t" Street and B Street along the project frontage, consisting of: a. Design and re -construct the existing damaged concrete sidewalk along project frontage. b. Design and construct the landscape and irrigation system along project frontage to the City of Tustin Old Town standards. C. Design and construct a bulb -out at the southwest corner of 6th Street and B Street. Curb ramp(s) shall be designed and constructed to current Federal Americans with Disabilities Act (ADA) requirements and City of Tustin Standard Drawings. Improvements shall include curb, gutter, and sidewalk from beginning of curb return (BCR) to end of curb return (ECR) and any necessary striping modifications at the intersection and the southbound approach to the intersection on B Street. d. The applicant shall remove the existing driveways, design and construct new curb & gutter and sidewalk at the old driveway locations, and design and construct the new commercial driveways per the City of Tustin Public Works Department commercial driveway standards. e. The applicant shall provide for the undergrounding of all existing and proposed utility distribution facilities within the public right-of-way j adjacent to the project along the south side of 6th Street and the west Exhibit A Resolution No. 4327 Page 16 side of B Street, as well as within the project, unless exempt per the Tustin City Code. The applicant shall be responsible for the associated costs and arrangement with each public utility. (1) 13.2 The applicant shall grant in fee title the appropriate corner cut-off at the southwest corner of Sixth Street and B Street, at no cost to the City. (1) 13.3 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) 13.4 Prior to issuance of an Encroachment Permit, 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. (1) 13.5 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 13.6 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. Depending on the applicable City standard, an easement on private property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. WATER IMPROVEMENTS (1) 14.1 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) 14.2 The applicant shall design and construct the on-site public water distribution system using ductile iron pipe, as required by the City of Tustin Water Service Division. (1) 14.3 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. Exhibit A Resolution No. 4327 Page 17 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 will 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. (***) 14.4 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 Licensed Land Surveyor or a California Registered Civil Engineer authorized to practice land surveying. (1) 14.5 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. (1,5) 14.6 Since the project is within the East Orange County Water District (EOCWD) service area, a release/approval from the EOCWD shall be obtained by the applicant 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,S) 14.7 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, 5) 14.8 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING (1, 3) 15.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). Exhibit A Resolution No. 4327 Page 18 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. c. All single family 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. d. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". e. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. f. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). g. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. h. Adequate collection capacity shall be provided to insure that collection frequency shall not exceed four times per week for commercial customers. All trash enclosures shall utilize the City's standard enclosure designed with roof to accommodate at least two (2) 4 -yd. bins, with at least one (1) bin reserved for recyclable materials. j. Prior to the approval of a site plan or the issuance of a building permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. FEES (1,5) 16.1 Prior to issuance of the first building permit for a residential unit in each Phase, Developer shall pay a per unit park in -lieu fee for all of the condominium residential lots created by the final map for such Phase, which shall be paid in a per lot amount equal for each lot to 1/140th of the Exhibit A Resolution No. 4327 Page 19 total in lieu fee calculated in accordance with Tustin City Code Section 9331d.3. (1,5) 16.2 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. (1,5) 16.3 Developer shall pay an affordable housing in -lieu fee in the amount of $8.00 per square foot of gross floor area, to a maximum aggregate total of One Million Nine Hundred Seventy Nine Thousand Six Hundred Thirty Two Dollars ($1,979,632), to be utilized by the City for development of affordable housing. The affordable housing fee shall be paid on a per unit basis at the time of issuance of a building permit for each residential unit, until such time as a total of One Million Nine Hundred Seventy Nine Thousand Six Hundred Thirty Two Dollars ($1,979,632),has been paid in satisfaction of this requirement. (1,S) 16.4 At plan check, the applicant shall submit a deposit as estimated by the City for staff time required to complete plan check and inspections. (1,5) 16.5 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 based upon the current schedule at the time of permit issuance. 1 1 1 Exhibit A Resolution No. 4327 Page 20 g. School facilities fee in the amount as required by Tustin Unified School District. (1) 16.6 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) and a CASHIER'S CHECK payable to the California Department of Fish & Wildlife (CDFW) in the amount of Two thousand two hundred ten and 25 cents ($2,210.25), or in the current CDFW fee at the time of filing, 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. BUILDING PLAN SUBMITTAL (1) 17.1 The final approved conditions of approval and mitigation measures, project design features and plans, policies and procedures contained in the Mitigated. Negative Declaration for the Project shall be reprinted on the first or second page of the construction documents when submitting to the Building Department for the plan check "process for each construction phase of the Project. (1, 3) 17.2 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, state and federal laws, and regulations as adopted by the Tustin City Council. (1) 17.3 Prior to the issuance of building permits, the applicant shall submit a photometric lighting plan showing compliance with the Tustin Security Code, which requires a minimum one foot-candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. (1) 17.4 An automatic residential fire sprinkler system shall be installed per NFPA 13 D in all new residential constructions. CRC R 313.2. (1) 17.5 A soils report is required for all new residential constructions. A soils report addressing foundation and seismic designs shall be provided for review with the construction documents. (1) 17.6 Each unit shall be readied for an electrical vehicle charging station and solar panels.