HomeMy WebLinkAboutCC RES 16-57RESOLUTION NO, 16-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AND DESIGN REVIEW
2016-0104 AND SUBDIVISION 2016-03/ TENTATIVE TRACT
MAP 17993 FOR CONDOMINIUM PURPOSES TO
SUBDIVIDE AN APPROXIMATE 6.81 -ACRE SITE INTO
TWO (2) NUMBERED LOTS AND ONE (1) LETTERED LOT
FOR THE DEVELOPMENT OF ONE-'HUN'DRED FORTY
(140) CONDOMINIUM RESIDENCES LOCATED AT 320438
WEST SIXTH STREET AND 620-694 SOUTH B STREET
The City Council of the City of Tustin does hereby resolve as follows:
SECTION I. The City Council finds and determines as follows:
A. That a proper application has been submitted by Initralcorp 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 320-4,38 W. Sixth Street
and 620-694 S. B Street.
B. That the development application: includes the following requests:
General Plan Amendment (GPA) 2016-01 to change the General
Plan Land Use Designation from Industrial (1) to Planned
Community Residential (PCR).
2. Zone Change (ZC) 2016-001 to change the Zoning district from
Planned Industrial (PM) to Planned Community (P -C) District.
3. SUB 2016-03fTentative Tract Map (TTM) 179193 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 (1�40) 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.
4. Design Review (DR) 2016-004 for the site, architectural and
landscape plans.
Resdution No. 16-57
Page 1 of 5
5. Development Agreement (DA) 2016-002 to facilitate the
development of a 6.81 acre site and to provide for public benefits
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-eliemient;
D. That the City prepared an Initial Study to evaluate the potential environmental
impacts associated with the project which concluded, with mitigation measures,
potential significant impacts can be reduced to a level of insignificance and a
draft Mitigated Negative Declaration (MND) was prepared.
E. That That a Notice of Intent to Adopt a MIND was published and the IVIND 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 CEQ,A Guidelines;
F. That a public hearing was duly called, noticed, and held on said application on
September 27, 2016, by the Planning Commission. Following: the hearing,, the
Planning Commission adopted Planning Commission Resolution No. 4327
recommending that the City Council approve SUB 2016-0357M 17993, and, DR
2616-004.
G. That a public hearing was duly called, noticed, and held on said application, on
October 18, 2016, by the City Council. At the request of the applicant, the City
Council continued the public hearing to November 15, 2016.
H. That the City Council has considered the Initial Study/MND and the MMRP
(Resolution 16-55) and comments received during the public review process and
find the Initial, Study/MND and the MM:RP adequate for the project.
I. That Tentative Tract Map 17993 is in conformance with the Tustin General Plan,
State Subdivision Map Act and the City's Subdivision Code as follows:
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) 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 locatedon an improved parcel within an
urbanized area and any potential environmental impacts can be
If 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.
J. That the City's Public Works Department has reviewed the map and determined
that, as conditioned, it is technically correct,
K. That the project meets the development standards of the Planned Community (P-
C) zoning district as defined in the Vintage Planned Community Regulations.
L. That TCC Section 9331d requires the subdivider to pay a fee in lieu of providing
a parkland dedication.
M. 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.
Ni. 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,
0. 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 structures.
2.
Setbacks and site planning.
3.
Exterior material and colors.
4.
Type and pitch of roofs.
5.
Size and spacing of windows, doors andl 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.
SECTION 11. That the City Council! hereby approves SUB 2016-031TTM 17993 and DR
2016-004 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 subject to
conditions attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting
on the 15th day of November, 2016.
I
I
STATE OF CALIFORNIA
COUNTY OF ORANIGE
CITY OF TUSTIN
1, Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
Califom!ia, does hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 16-57 was dully passed
and adopted at a regular meeting of the Tustin City Council, held on the 1:5th day of
November, 2016, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Gomez (I
(0)
(0)
EXHIBIT A
RESOLUTION NO. 16-57
SUBDIVISION (SUB) 201!6-03/TENTATIIVE TRACT MAP (TTM) 17993
DESIGN REVIEW (DR) 2016-004
CONDITIONS OF APPROVAL
3241-438'V . 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 fiile 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, mod�iifications 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) 2(1161-0 )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) 11.4 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 SUB 2016=03/_FTM 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
SOURCE CODES
(1) STANDARD CONDITION
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
EXCEPTION
(2) CEQA MITIGATION!
(3) BUILDING CODE
(4) DESIGN REVIEW
Exhibit A
Resolution No. 16-57
Page 1 of 21
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
EXCEPTION
Director of Community Development, and evidence of recordation shall be
provided to the Community Development Department.
(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 conditionof approval of SUB 2016-03=M 17993 and DR 2016-O04,
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 All activities shall comply with the City's Noise Ordinance.
TENTATIVE TRACT MAP 17993
(1) 2.1 With In 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
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 Subdiivision Map Act.
(1) 2.2 The subd'ivillder 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) 2.3 Preparation and recordation of a final subdivision map shall be required.
Exhibit A
Resolution No. 16-57
Page 2 of 21
(1) 2.4 Prior to recordation of the final map, the applicant is required to execute a
subdivision and mionumentation agreement and furnish improvement and
monumientation bonds, all on forms acceptable to the City.
(1) 2.5 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 a form acceptable to the City in its sole
discretion.
(1) 2.7 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) 248 Concurrently with the recordation of the Final Tract Map, the subdivider
shall record a covenant that ruins with the land which cannot be defeated
or eliminated without the consent of the City that the Homeowner's
Association maintain 58,1365 square feet of usable private open space
Loll whlich is restricted for park and recreational purposes in perpetuity for the
benefit of future owners of condominium units,
(1) 2.9 The applicant shall satisfy dedlicati'on 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) 2.10 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 linetype
conventions are AutoCAD -based (latest version available upon request
from the Public Works Department). The CADD files shall be submittedto
the City at the time plans are approved, and updated CADD files reflecting
Exhibit A
Resolution No. 16657
Page 3 of 21
"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) 2.11 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) 2.12 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
3.1 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 3,709 square -foot privately owned! and
maintained public park (Park Facility), on, an approximately 6.811 acre site.
(4) 3.2 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) 3.3 Prior to issuance of the first certificate of occupancy for a residential unit in
Phase 6 of the Project and no later than August 311, 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.
(4) 3.4 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) 3.5 The project shall continuously maintain a minimum of 58,045 square feet
of privately maintained common open space.
3.5 The project shall maintain a miniimum of 3,709 square feet of publicly
accessible private park.
3.5 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.
Exhibit A
Resolution No. 16-57
Page 4 of 21
(1) 3.8 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) 3.9 No outdoor storage shall be permitted during grading or building stages
except as approved by the Community Development Director.
(1) 3.10 Prior to the first iissuance of certificate of occupancy iin Phase Seven (7),
the alley between Builldings 8 and 91 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 & RESTRICI!qt[S (CC&R'S)
(1) 4.1 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) 4.2 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) 4.3 The approved CC&Rs shall be recorded with County Recorder's Office
concurrent with the Finial Map. A copy of the final documents shall be
submitted to the Community Development Department after recordation.
(1) 4.4 No dwelling unit in the, development shall close escrow 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 streets, and utilities.
(1) 4.5 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. 16-57
Page 5 of 21
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 (Le., walkways, sidewalks, paseos, driveways), lighting,
recreation building and swimming pool facilities and furnishings,
awnings, trash enclosures, water quality management plan BMP's
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&Fzs
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 privately maintained,
publicly -accessible Park Facilities 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 privately maintained, 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.
1. Maintenance standards shalll 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
Exhibit A
Resolution No. 16-11
Page 6 of 21
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 pruined, to eliminate exposedsurface 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 by, 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
L`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" shalll 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 as
shown on approved plains. At a minimum,, a total of 280
parking spaces shalll 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 approved parking shalll be subject to the
review and approval by the Community Development
Department, All parking spaces shall comply with Tustin
Code standards.
Exhibit A
Resolution No. 16-57
Page 7 of 211
2. Residents shall
not store or park
any
non -motorized
veh,icles, trailers or motorized vehicles
that
exceed 7 feet
rr
high:, 7 feet wide,
and 19 feet long in
any
parking space,
Exhibit A
Resolution No. 16-57
Page 7 of 211
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.
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 thie
homeowners association.
N. Television and radio antennas shall be installed in accordance with,
the requirements of the Tustin City Code.
0. 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 1 st 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.
1`11
JX"
�
Exhibit A
Resolution No. 16-1
Page 8 of 21
R. N�o 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.
HOMEBUYER NOTIFICATION
(1) 5.1 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 El 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 acqluiisition potentially
resulting in the loss of guest parking and a requirement that the
Homeowner's Association reconstruct the sound wall and guest
parking. 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
th,reshold. A copy of the Health Risk Assessment Report shall be
m�ade available to potential buyers to review.
Exhibit A
Resolution No. 16-57
Page 9 of 21
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 providedto
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 wild require
zoning clearance and a business license.
F. A notice explainingthe easements, facilities, amenities, and
dedications that will be provided and indicating all on-site driveways
and common areas are to be maintained by the homeowners,
association.
G. A notice stating trash bins shall' be placed in designated curb areas
as shown on the approved "Trash Pick-up Plain" no earlier than noon
on the day before the scheduled collections and removed within
twelve (12) hours of collection.
H. A notice explaining and providing a copy of the approved "Parking
Plain" 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
Plain" for future construction within the subdivision and that activity may
be disruptive.
K. A notice that the public use of the privately maintained 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) 6.1 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.
IiIII/I
Exhibit A
Resolution No. 16-57
Page 10 of 21
(4) 6.2 Project signage (wall, monument and directional signage) shall be
reviewed under separate permit and are not part of the project approval.
(4) 6.3 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 2A
shall be constructed to reinstate parking and the project sound wall.
(4) 6.4 The project shalll comply with regulatory requirements and mitigation
measures from the project Mitigated Negative Declaration included in the
Mitigation Monitoring and Reporting Program (Resolution No. 16-55)
(4) 6.5 Applicant and owner are responsible for ensuring that information
contained in construction drawings is consistent among archlitectural,
structural, grading, electrical, mechanical, plumbing, fire, utility and public
improvement plans as welll as other construction drawings.
(4) 6.6 Project materials shall comply with, those identified: in the approved plans
and are subject to field verification. 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
L1111111 materials.,
(4) 6.7 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) 6,8 Balcony run-off shall be integrated into the building structure and storm,
drain system. Balcony drain water shall not drain down the side of
ballconies and/or building exterior.
(4) 6.9 Construction drawings shall specify use of anti -graffiti products for
treatment of the sound wall.
LANDSCAPING
(1,4) 7.1 At plan check, complete detailed landscaping and irrigation, plans for all
landscaping areas are required, consistent with the approved landscape
L11111`111' plans, City Council Ordinance 1465, adopted Guidelines for
Exhibit A
Resolution No, 16 57
Page 11 of 21
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.
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, ands 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.
Exhibit A
Resolution No. 16-57
Page 12 of 21
pt 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) 7.2 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) 7.3 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.
NOISE
(1) 8.1 At plan check, a noise analysis shall be provided to ensure compliance
with the Tustin Noise standards.
(1) 8.2 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) 8.3 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) 9.1 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) 19.2 Prior to issuance of building permits, the applicant shall submit plans for
residential fire sprinklers, sprinkler monitoring system and fire alarm,
system.
Exhibit A
Resolution No. 16-57
Page 13 of 21
(1, 5) 9.3 Prior to commencernent of construction, applicant shall attend a pre -
construction meeting with an OCFA inspector.
WATER QV_AU
(1) 10.1 This development shall comply with, ail applicable provisions of the City of
Tustin Water Quality Ordinance and all, Federal, State, and Regional Water
Quality Control Board rules and regulations.
(1) 10,2 Prior to issuance of any permits, the applicant shall) submit for approval by
the Community Development andi Public Works Department, a final Water
Quality Management Plan (WQMP). If the WOMP 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) 10.3 Prior to submittal of a Water Quality Management Plan (WOMP), the
applicant shall submit a deposit of $2,700.00, to the Public Works
Department for the estimated cost of reviewing the WQ�MP.
(1) 10.4 Prior to issuance of any permits, the applicant shall record a "Covenant
and Agreement. Reaardina 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 regardingimplementation and maintenance of the
structural and non-structural BMPs as specified in the approved WQMP'.
(1) 10.5 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) 10a6 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:) 11.1 Prior to issuance of the first certificate of occupancy of Phase 1, the
Exhibit A
Resolut , ion No. 16 -
Page I �
applicant shall complete street improvements on 6 th 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
adjacent to the project along the south side of 6th Street and the west
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) 11.2 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) 11.3 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) 11.4 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
nj
any missing or damaged public improvements adjacent to this,
development.
................................... ..................................... . . . . . . . . . ... . . . .. .
Resolution No. 16-57
Page 15 of 21
(1) 11.5 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) 11.6 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 approva:l,
WATER IMPROVEMENTS
(1) 12.1 Water Improvement
Standards and the
guidelines. In case c
prevail.
Plans must follow the latest City of Tustin Water
American Water Works Association, (AWWA)
f a conflict, the City of Tustin Water Standards shalll
(1) 12.2 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) 12.3 In accordance with, the plans, 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 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.
Exhibit A
Resolution No. 16-51
Page 16 of 21
I
12.4 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 andl approval, as prepared
by a California Licensed Land Surveyor or a California Registered Civil
Engineer authorized to practice land surveying.
(1) 112.5 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) 12.6 Since the project is within the East Orange County Water District
(EOCWD) service area, a release/approval from the EOCWD shall be
i
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.
(1,5) 12.7 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
Lill, approved by that agency.
(1, 5) 12.8 The proposed domestic water system plans must conform to all applicable
regulations enforced by the Orange County Health Department.
SOLID, WASTE RECYCLING,
(1, 3) 13.1 Construction and Demolition Waste Recycling and Reduction Plan
(WRRP).
a. The applicant/contractor is required to submit a WRRP to the Public
Works Department. The WRRP must indlicate 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
LXIIIIIII Building Official, rounded to the nearest thousand. The minimum
Exhibit A
Resolution No,, 16-57
Page 17 of 21
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) 14.1 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 paidin a per lot amount equal for each, lot to 1/1 40th of the
total in lieu fee calculated in accordance with Tustin City Code Section
9331 d.3.
(1,5) 14.2 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 1 st of each year.
(11, 5) 14.3 Developer shall pay an affordable housing in -lieu fee in the amount of $8.00
Exhibit A
Resolution No. 16-57
Page 18 of 21
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 al, building permit for each residential unit, until such time
:
as a total of One Mi1llion Nine Hundred Seventy Nine Thousand Six Hundred
Thirty Two Dollars ($1,979,632),has been paid in satisfaction of this
reqiuirement.
(11, 5,) 14.4 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) 14.5 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, chiang�e.
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 Publlic
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.
gi. School facilities fee in the amount as required by Tustin Unified
School District.
(1) 14.6 Within forty-eight (48) hours of final approval of the project, the applicant
shall deliver to the Community Development Department, a CASHIER'S
11 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
Exhibit A
Resolution No. 16-57
Paige 19 of 21
& Wildlife (CDFW) in the amount of Two thousand two hundred ten and 25
cents ($2,2110.25), or in the current CDFW fee at the time of filing, to enable
the City to file the appropriate environmentaldocumentation 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
15.1 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) 15.2 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) 15.3 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) 15.4, An, automatic residential fire sprinkler system shall be installed per NFPA
13 D in all new residential constructions. CRC R 313.2.
(1) 15.5 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) 15.,6 Each unit shall be readied for an electrical vehicle charging station and
solar panels.
(1) 15.7 All new structures shall provide adequate radio coverage for City
emergency service workers operating on the 800 MHz Countywide
Coordinated Communication System. Further, the applicant/owners or
tenants shall maintain a reasonable standard of reliable radio
communication within their buildings and structures once a certificate of
occupancy is issued or a final inspection, is conducted. For the purposes
Exhibit A
Resolution No. 16-57
Page 20 of 21
of this section, adequate radio coverage shall include those specifications
in the City of Tustin Public Safety Radlio System Coverage Specifications
set forth in Chapter 10, Section 8958 of the TCC, even if the project is
exempt from Section 8958. (City of Tustin Public Safety Radio System
Coverage Specifications).
Exhibit A
Resolution No. 16-57
Pagie 21 of 21