HomeMy WebLinkAbout07 PC REPORT HABITAT FOR HUMANITY OF OC •
ITEM #7
AGENDA REPORT
MEETING DATE: FEBRUARY 28, 2017
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: TENTATIVE PARCEL MAP 2016-149
CONDITIONAL USE PERMIT 2016-24
DESIGN REVIEW 2016-018
APPLICANT: HABITAT FOR HUMANITY OF ORANGE COUNTY, INC..
2200 S. RITCHEY STREET
SANTA ANA, CA 92706
PROPERTY OWNER: CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 92780
LOCATION: 140 SOUTH A STREET
GENERAL PLAN: HIGH DENSITY RESIDENTIAL (HDR 15-25 DU/ACRE)
ZONING: MULTIPLE FAMILY RESIDENTIAL (R3) AND CULTURAL
RESOURCE (CR) DISTRICT
REQUEST: 1. TENTATIVE PARCEL MAP (TPM) 2016-149 FOR THE
SUBDIVISION OF AN APPROXIMATELY 7,405 SQUARE
FOOT SITE CONSISTING OF ONE (1) NUMBERED LOT
FOR THE DEVELOPMENT OF TWO (2) SINGLE-FAMILY
DETACHED CONDOMINIUMS.
2. CONDITIONAL USE PERMIT (CUP) 2016-27 FOR THE
DEVELOPMENT OF CONDOMINIUMS IN THE R3 ZONING
DISTRICT AND DEVELOPMENT OF A MAIN BUILDING IN
EXCESS OF ONE (1) STORY AND/OR TWENTY (20) FEET
IN HEIGHT WITHIN 150 FEET OF A R-1 ZONED
PROPERTY, PURSUANT TO THE CRITERIA OF THE
PLANNED DEVELOPMENT (PD) DISTRICT.
3. DESIGN REVIEW (DR) 2016-018 FOR THE DESIGN AND
SITE LAYOUT OF TWO (2) SINGLE-FAMILY DETACHED
CONDOMINIUMS AND RELATED IMPROVEMENTS.
PC Report
February 28,2017
TPM 2016-149, CUP 2016-27, DR 2016-018
Page 2
ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT
TO SECTIONS 15315 (CLASS 15) AND 15332 (CLASS 32) OF
TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF
REGULATIONS (GUIDELINES FOR THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT) PERTAINING TO IN-FILL
DEVELOPMENT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4336 approving Tentative Parcel
Map (TPM) 2016-149, Conditional Use Permit (CUP) 2016-27, and Design Review (DR)
2016-018, authorizing the subdivision of an existing 7,405 square-foot lot for
condominium purposes, consisting of one (1) numbered lot, for the development of two
(2) detached single family dwelling units and related site improvements.
APPROVAL AUTHORITY:
Pursuant to the Tustin City Code (TCC) Section 9323b1, a Tentative Parcel Map is
required for subdivisions creating four (4) or fewer parcels. TCC Section 9321 b
authorizes the Planning Commission to review and take action on Tentative Maps.
TCC Section 9226b5 requires the approval of a CUP for the development of
condominiums in the R3 Zoning District pursuant to the criteria of the Planned
Development District, Section 9224g1(b) of the TCC requires the approval of a CUP for
the development of a main building in excess of one (1) story and/or twenty (20) feet in
height, whichever is more restrictive, within one hundred fifty (150) feet of a R-A, E-4 or R-
1 zoned property. TCC Section 9291 authorizes the Planning Commission to review and
take action on CUPS.
TCC Section 9272 authorizes the Community Development Director to consider a DR
application; however, since the proposal includes other entitlement applications that
require Planning Commission approval, DR 2016-018 is forwarded to Planning
Commission for concurrent consideration.
BACKGROUND:
Site and Surrounding Area
The project site is located on the west side of South A Street within the Multiple Family
Residential (R3) District and Cultural Resource (CR) Overlay District and is designated
as High Density Residential (HDR) by the City's General Plan. The property consists of
a vacant 7,405 square foot parcel and fronts onto South A Street.
Properties surrounding the project site are residential in nature and include a variety of
residential uses including single family residences to the north, east and south and
multiple family residential to the west (Figure 1).
PC Report
February 28, 2017
TPM 2016-149, CUP 2016-27, DIS 2016-018
Page 3
On July 5, 2016, Tustin City Council approved a request to enter into a Disposition and
Development Agreement (DDA) between the City of Tustin, Tustin Housing Authority, and
Habitat for Humanity of Orange County, Inc.. The subject property is owned by the City of
Tustin and will be conveyed upon satisfaction of conditions included within the DDA.
SP 10 SP 10 Subject Property SP 10
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Figure 1: Zoning Map
PROJECT DESCRIPTION:
The project involves the development of two (2) single family detached condominiums
and related site improvements at a vacant parcel. Several entitlement application
approvals are required to carry out the project. The following includes discussion on each
of the required applications under consideration.
Tentative Parcel Map and Conditional Use Permit
Tentative Parcel Map 2016-149 proposes to subdivide the existing 7,405 square foot lot
for condominium purposes. The single lot development would accommodate two (2)
condominium units. No changes to the physical dimensions of the existing lot would
occur. The application will be required to design and construct a new sidewalk along
South A Street (Condition 13.2 of Resolution No. 4336).
Conditional Use Permit 2016-27 has been submitted as required by the Multiple Family
Residential (R3) zoning district for the development of condominiums and for development
of a main building in excess of one (1) story and/or twenty (20) feet in height, whichever is
more restrictive, within one hundred fifty (150) feet of a R-A, E-4 or R-1 zoned property.
As demonstrated in the table below, the proposed project is consistent with applicable
development standards including building height, setbacks, lot coverage and off-street
parking,
PC Report
February 28, 2017
TPM 2016-149, CUP 2016-27, DR 2016-018
Page 4
Table 1{�— Development Standards by Zoning District
Maximum Height: See PD Standards 1-story120 feet max 25 feet-10 inch
for Condominiums 2+sto —Requires CUP 2 2-story units
Minimum building site: 7,000 sq.ft. NIA 7,405 sq.ft.
Minimum See PD Standards 2 bedroom:800 sq.ft. 3 bedroom: 1,465 sq.ft,
Gross Floor Area: for Condominiums 4 bedroom: 1,000 sq.ft. 4 bedroom: 1,597 sq,ft.
Maximum lot coverage: 65 percent N/A 31 percent
Minimum landscape See PD Standards 400 sq.ft.per unit 1,496 sq.ft.with at least
open space: for Condominiums 400 sq.ft.per unit
Minimum 15 feet NIA 30 feet
front yard setback:
Minimum. See PD Standards Adjacent to R1: 15 feet Adjacent to R1: 17 feet-6 inch
side yard setback: for Condominiums Adjacent to R3:5 feet Adjacent to R3:5 feet
Minimum . See PD Standards 10 feet 15 feet
rear yard setback: for Condominiums
Minimum lot area 1,750 sq.ft. NIA 7,405 sq.ft.with at least
per family unit: 1,750 sq.ft.per unit
Maximum height of 20 feet NIA NIA
accessory structures:
Off-street parking Subject to TCC 9263: NIA 4 total with 2 fully enclosed
(Single Family): 2 garage spaces per unit garage spaces per unit
Driveways and Subject to TCC 9267a NIA Subject to TCC 9271a
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Site Access:
Pursuant to TCC Section 9331d2, 0.0086 acres of parkland per dwelling unit (in a high
density development with 7.1-15 dwelling units per acre) are required to be dedicated
for park purposes. When the subdivision consists of fewer than fifty (50) parcels, TCC
Section 9331d3 allows the subdivider to pay a park in-lieu fee. Since the private open
space provided for the residences does not qualify for park credit, park in-lieu fees will
be required for this project (Condition 16.1 of Resolution No. 4336).
To ensure operational standards that are consistent with the intent of the community, a
Homeowners Association (HOA), Conditions, Covenants, and Restrictions (CCBRs) and
homebuyer notifications would be required if the project .were approved. In larger
condominium communities, these regulatory mechanisms are generally successful in
providing for the maintenance of the common areas of the community. However, in
smaller communities such as the proposed project, it is often challenging for the small
HOA to provide for the long term maintenance of the common areas and to fund
significant capital expenses, such as driveway and roof repair and replacements, often
resulting in the need for code enforcement involvement and supplemental assessments
in HOA dues. To address this issue, conditions of approval (5.5C and 5.5D) require
provisions for effective management and operation and require membership in the
homeowners association to be inseparable from the ownership of each residence.
PC Report
February 28, 2017
TPM 2016-149, CUP 2016-27, DR 2016-018
Page 5
Design Review
Two (2) single-family detached condominiums are proposed at the project site (Figure 2).
The building fronting South A Street would appear as single family home with a single
point of entry on the street facing fagade. A two car garage for each unit is located on the
south facing elevation and would be accessed from a new single car driveway. This
design preserves the single family character of South A Street.
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Figure 2: Site Plan
The buildings are designed in the Craftsman architectural style (Figure 3). Staff has i
reviewed the proposed materials and has found them to be of high quality and appropriate i
for the architectural style. Conditions 1.1 and 7.4 require the submitted materials be used
on the project and any deviation would be subject to approval by the Director of
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Community Development.
Plan 1A(Front) Plan 1B (Rear) Pian 1A(Front)
East Elevation South Elevation South Elevation
View from S.A Street View from Driveway View from Driveway
Figure 3: Elevations
The majority of living space for the 1,455 square foot three (3) bedroom unit (Floor Plan
1 A) is located on the second floor which comprises 829 square feet (Figure 4). The
master bedroom and bathroom, two (2) bedrooms, one (1) bathroom, and laundry area
are located on the second floor. The main living/dining area, kitchen, and one (1) powder
room are located on the first floor. A porch is provided on the east elevation facing South
A Street elevations which provides access to this unit.
PC Report
February 28, 2017
TPM 2016-149, CUP 2016-27, DR 2016-018
Page 6
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The majority of living space for the 1,597 square foot four (4) bedroom unit (Floor Plan 1 B)
is located on the second floor which comprises 961 square feet (Figure 5). The master
bedroom and bathroom, three (3) bedrooms, one (1) bathroom, and laundry area are
located on the second floor. The main living/dining area, kitchen, and one (1) powder
room are located on the first floor. A porch is provided on the south elevation facing the
proposed driveway and provides access to this unit.
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The proposed project will provide a new thirteen (13) foot wide single car driveway
comprised of interlocking pavers and would be accessed from South A Street. The narrow
driveway would further reinforce the appearance of a single family home which would be
typical on the 54 foot wide lot, Due to the narrow lot width and alignment of the proposed
structures, the rear building will not be highly visible from South A Street.
Site improvements would include landscape and hardscape throughout the project site.
Landscaped areas are provided to the greatest extent feasible in areas which are not
needed as walkways or for vehicular access. Interlocking pavers will be utilized at entry
walkways and along the shared driveway. Right-of-way improvements include relocation
of the existing driveway along South A Street and installation of the public sidewalk. Utility
improvements will be provided as needed to serve the development and will be located
underground.
PC Report
February 28,2017
TPM 2016-149, CUP 2016-27, DR 2016-018
Page 7
Open Space Recreation Area
The proposed development provides more than the required minimum open space of
400 square feet per dwelling unit within a combination of private ground level open
space. TCC Section 9224g6 allows private ground level open space in condominium
developments to be credited toward the minimum open space requirement.
The landscape palette includes a variety of drought tolerant plant materials including
groundcovers, shrubs, and trees (Figure 6). All landscaping would be in compliance with
the Water Efficient Landscape Ordinance.
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Parking
TCC Section 9263 requires two (2)fully enclosed garage parking spaces for each single
family residential dwelling unit. This requirement has been satisfied by providing each
of the two (2) single family detached condominiums with an attached two-car garage.
Parking is also currently allowed on South A Street.
Affordable Housing
State Housing Element law mandates that local governments adequately plan to meet
the existing and projected housing needs of all economic segments of the community.
The basis for state housing laws are findings of the State Legislature that availability of
housing is of vital statewide importance, and attainment of decent housing and a
suitable living environment for every Californian is a priority of the highest order.
Achievement of this goal requires cooperation between government and the private
sector to expand housing opportunities and accommodate the housing needs of
Californians of all economic levels, ages, and specialized needs,
PC Report
February 28,2017
TPM 2016-149, CUP 2016-27, DR 2016-018
Page 8
In compliance with State Housing Law, Goal 1 of the Tustin General Plan Housing
Element is to provide an adequate supply of housing to meet the need for a variety of
housing types and the diverse socio-economic needs of all community residents. In
furtherance of this goal, on July 5, 2016, the City of Tustin and the Tustin Housing
Authority entered into a Disposition and Development Agreement (DDA) for Affordable
Housing (Agreement) with Habitat for Humanity of Orange County, Inc., a California
non-profit benefit corporation for an affordable housing project proposed at the subject
property.
The City and the Tustin Housing Authority desire to honor the men and women who
have served our country in the armed forces by entering into this Agreement with the
developer to provide affordable ownership housing for veterans who qualify for
affordable housing. The developer is experienced in the development and operation of
affordable single and multi-family housing in southern California and the proposed
homes have been designed to be consistent with the surrounding properties within the
immediate neighborhood. These homes will be sold to qualified households at
affordable prices with a sixty (60) year covenant period. Per Condition 1.9, the applicant
shall comply with the executed Disposition and Development Agreement for Affordable
Housing. Upon approval, Resolution No. 4336 will be recorded on the subject property
to ensure continued affordability.
Affordable housing requirements identified in the DDA include, but are not limited to:
• Affordability Restrictions. Developer will make available and restrict occupancy
to the homes to a qualifying Veteran constituting one (1) Low and one (1) Moderate
Income Households as more particularly set forth in the Affordability Covenants.
• Duration of Affordability Requirements. The homes shall be maintained as an
owner-occupied unit available at and owned by a qualifying Veteran constituting
one (1) Low and one (1) Moderate Income Households throughout the sixty (60)
year Covenant Period.
• Selection of Buyers. Developer shall be responsible for the selection of
homebuyers for the Homes.
Review by Outside Agencies
In accordance with Sections 66453 — 66455.7 of the California Government Code (Article
p3 of the Subdivision Map Act), the local agency (City of Tustin) is required to transmit one
(1) copy of the proposed tentative map to other local agencies having jurisdiction. As
such, a copy of proposed Tentative Parcel Map 2016-149 has been routed to outside
agencies having jurisdiction over or a title interest in the subject property for review and/or
recommendations.
DISCUSSION:
The project involves the development of two (2) detached single family condominiums
upon a vacant residential lot owned by the City of Tustin. The neighborhood is built-out
PC Report
February 28,2017
TPM 2016-149, CUP 2016-27,DR 2016-018
Page 9
within an urbanized area and has been developed for residential purposes. The project
meets the applicable development standards of the Multiple Family Residential (R3) and
Planned Development (PD) zoning districts. The residences along South A Street include
a combination of one (1) story and two (2) story residences and are located within the CR
District. The majority of residences along South A Street are not eligible for individual
listing on the City's Historic Survey, however two (2) properties appear eligible for the
National Register (NR) and one (1) additional property may become eligible for listing.
There are other examples of California Bungalow residences within the City that have
been listed separately within the Historical Survey as architecturally significant and of local
significance.
The project provides a building design and orientation reminiscent of the single family
detached residences along South A Street while still allowing for the massing necessary
for a multifamily project. The project will enhance the streetscape along South A Street
with a building that engages the street and provides detailing and features as seen in
single family residences. There is already a precedent for two story buildings along South
A Street which are commonplace. The project is sensitive to the area and responds well
to the streetscape. Enhancement of the visual character of the site and surroundings will
occur as a result of the project.
Subject to the satisfaction of conditions included within the DDA (executed July 5, 2016)
and related requirements, the City is prepared to convey the subject property to the
developer, Habitat for Humanity of Orange County, Inc. in consideration of the
performance by the developer under all terms and conditions of the DDA.
ENVIRONMENTAL:
This project is Categorically Exempt pursuant to Sections 15315 (Class 15) and 15332
(Class 32) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for
the California Environmental Quality Act pertaining to minor land divisions and in-fill
development projects. The development meets all of the following requirements for
categorical exemption under Section 15332.
a) The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation
and regulations.
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As proposed, the project meets the intent of the High Density General Plan
Land Use Designation and is in compliance with the development standards
contained within the City Zoning Code.
b) The proposed development occurs within City limits on a project site of no
more than five (5) acres substantially surrounded by urban uses.
The project site is located within City limits on an approximately 9/3 acre
parcel and is surrounded by built out urban uses.
PC Report
February 28, 2017
TPM 2016-149, CUP 2016-27, DR 2016-018
Page 10
c) The project site has no value, as habitat for endangered, rare or threatened
species.
The property is within an urbanized area and is currently developed for
residential purposes. The site has no value as habitat for endangered, rare,
or threatened species.
d) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
The project would not have a significant impact on noise levels or on
intersections within the vicinity. The proposed project is below the thresholds
of significance established by Tables 6-2 (operation thresholds) and 6-3
(construction thresholds) of the Air Quality Management District's CEQA Air
Quality Handbook, The applicant has provided a preliminary water quality
management plan for the proposed project and will be required to implement
the plan's recommendations in the construction of the development.
e) The site can be adequately served by all required utilities and public services.
The project site is currently vacant, though it was previously served by
utilities. Utility providers were notified of the proposed project and appropriate
connections are available to serve the site.
CONCLUSION:
As proposed, the project meets the applicable development standards set forth in the
TCC and General Plan. TPM 2016-149 is consistent with the Subdivision Map Act and
the City's Subdivision Ordinance. In addition, the project design and site layout are
compatible with the existing residences in the immediate vicinity. Accordingly, staff
recommends that the Planning Commission approve TPM 2016-149, CUP 2016-24 and
DR 2016-018 for the proposed project. A decision to approve this request may be
supported by the findings contained within Resolution No. 4336.
+1 ,
Samantha D. Beier, AICP Elizabeth A. Binsack
Associate Planner Community Development Director
Attachments:
A. Location Map
B. Land Use Fact Sheet
C. Tentative Parcel Map 2016-149
D. Submitted Plans
E. Resolution No. 4336
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ATTACHMENT A
LOCATION MAP
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LOCATION MAP
TPM 2016-149
CUP 2016-24 & DR 2016-018
140 SOUTH A STREET
145 136 7 3 140 (NORTH
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ATTACHMENT B
LAND USE FACT SHEET
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LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): TPM 2016-149, CUP 2016-27 & DR 2016-018
2. LOCATION: 140 SOUTH A STREET 3, APN(S): 401-361-03
4. PREVIOUS APPLICATIONS RELATING TO THIS PROPERTY:
GENERAL PLAN CONFORMITY APPROVED ON RESOLUTION NO, 4316
DISPOSITION AND DEVELOPMENT AGREEMENT (DDA)APPROVED ON JULY 5, 2016
5. SURROUNDING LAND USES:
NORTH: RESIDENTIAL SOUTH: RESIDENTIAL
EAST: RESIDENTIAL WEST: RESIDENTIAL
6. SURROUNDING ZONING DESIGNATION:
NORTH: R3 SOUTH: R1 EAST: R3 WEST: PD
7. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: PCCB SOUTH: LDR EAST: HDR WEST: PCCB
8. SITE LAND USE:
EXISTING:VACANT PROPOSED: RESIDENTIAL
GENERAL PLAN: HDR PROPOSED GP: SAME
ZONING: R3 PROPOSED ZONING: SAME
DEVELOPMENT FACTS:
9. LOT AREA: 7,405 S.F. 0.172 ACRES (NET)
10. BUILDING LOT COVERAGE: 65% MAX. PERMITTED 31% PROPOSED
11. BUILDING SETBACKS: REQUIRED PROPOSED
FRONT: 15 FEET 30 FEET
SIDE (ADJ. TO R1): 16 FEET 17 FEET—6 INCHES
SIDE (ADJ. TO R3): 5 FEET 5 FEET
REAR: 10 FEET 15 FEET
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PARKING: 2—TWO CAR GARAGE 2—TWO CAR GARAGE s
12. BUILDING HEIGHT: NO MAIN BUILDING SHALL EXCEED ONE (1) STORY, AND,,OR
TWENTY (20) FEET IN HEIGHT, WHICHEVER IS MORE RESTRICTIVE, WITHIN ONE
HUNDRED FIFTY (150) FEET OF SAID R—A, E-4 OR R-1 ZONED PROPERTY, UNLESS THE
PLANNING AGENCY SHALL GRANT A CONDITIONAL USE PERMIT, THE PROPOSED
PROJECT INCLUDES TWO (2),TWO (2) STORY UNITS AT 25 FEET-- 10 INCHES IN HEIGHT.
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ATTACHMENT C
TENTATIVE PARCEL MAP 2016-149
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ATTACHMENT D
SUBMITTED PLANS
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ATTACHMENT E
RESOLUTION NO. 4336
I
RESOLUTION NO, 4336
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2016-
149, CONDITIONAL USE PERMIT 2016-27, AND DESIGN
REVIEW 2016-018 AUTHORIZING THE SUBDIVISION OF AN
EXISTING 7,405 SQUARE FOOT LOT CONSISTING OF ONE (1)
NUMBERED. LOT FOR THE DEVELOPMENT OF TWO (2)
DETACHED SINGLE FAMILY CONDOMINIUMS LOCATED AT
140 SOUTH A STREET,
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application for Tentative Parcel Map (TPM) 2016-149,
Conditional Use Permit (CUP) 2016-27, and Design Review (DR) 2016-018
was filed by Habitat for Humanity of Orange County, Inc. requesting
authorization to subdivide an existing parcel located at 140 South A Street
for condominium purposes to accommodate the construction of two (2)
detached single family dwelling units;
B. That the site is designated as High Density Residential by the City General
Plan and is zoned as Multiple Family Residential (R3). In addition, the
project has been reviewed for consistency with the Air Quality Sub-element
of the City of Tustin General Plan and has been determined to be consistent
with the Air Quality Sub-element.
C. That a public hearing was duly called, noticed, and held for TPM 2016-149, !
CUP 2016-27 and DR 2016-018 on February 28, 2017, by the Planning
Commission;
i
D. That as conditioned, the map would be in conformance with the State
Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code)
in that;
1 . The proposed TPM 2016-149 and improvements are consistent with
the General Plan, Multiple Family Residential (R3) zoning
designation, Tustin City Code, and Subdivision Map Act.
2. The site is physically suitable for the type of development and
proposed density in that the development of two (2) detached single
family condominiums on a 7,405 square foot parcel is within the
allowable density requirements of the General Plan.
3. The design of the proposed subdivision and improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat in that the development is
located on an improved parcel within an urbanized area.
Exhibit A
Resolution No. 4336
Page 2
4. The design of the subdivision or the types of improvements proposed
are not likely to cause serious public health problems in that the
development is in compliance with the Zoning Code and will be
required to comply with the applicable building and life safety codes.
5. That the design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access
through or use of property within the proposed subdivision as a public
sidewalk and parkway improvements will be installed as a result of the
project.
6. That the waste discharge from the proposed subdivision into a
community sewer system will not result in or add to violations of
existing requirements prescribed by the Regional Water Quality
Control Board in that the development will be permitted through the
Orange County Sanitation District to utilize community sewer
facilities,
7. That recommendations provided in the preliminary geotechnical
report would be implemented in the grading and foundation
improvements associated with the project.
E. That the City's Public Works Department has reviewed the map and
determined that, as conditioned, it is technically correct.
F. That the project meets the development standards of the Multiple Family F
Residential {R3} zoning district.
G. That Tustin City Code Section 9331d3 requires the subdivider to pay a fee
in lieu of providing a parkland dedication.
H. That the establishment, maintenance, and operation of the proposed use will
not, under the circumstances of this case, be detrimental to the health, E
safety, morals, comfort, or general welfare of the persons residing or working
in the neighborhood, nor be injurious or detrimental to the property and
improvements in the neighborhood of the subject property, or to the general
welfare of the City of Tustin in that:
1. Detached single family residences are prevalent in the
neighborhood and allowed by the applicable zoning when in
conjunction with a subdivision map for condominium purposes.
2. Project proposed in conjunction with applicable DDA for the
creation of affordable dwelling units for veterans.
3. The subject property is currently vacant and the proposal would
result in a net increase of two affordable dwelling units.
Exhibit A
Resolution No. 4336
Page 3
4. The project would result in the construction of parkway
improvements within the public right-of-way including the
installation of a public sidewalk along South A Street.
5. As proposed, the building fronting South A Street would appear as
a two story single family residence with a single point of entry and
orientation towards the street.
6. The height and bulk of the proposed two (2) story dwelling units are
compatible with the surrounding area and are sensitive to adjacent
single story residences.
7. The project architecture and detailing would enhance the South A
Street Streetscape. i
I. 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 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, i
the Planning Commission has considered at least the following items:
1. Height, bulk, and area of proposed structure.
2. Setbacks and site planning.
3. Exterior material and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors and other openings.
6. Towers, chimneys, and roof structures.
7. Landscaping and parking area design.
8. Location, height and standards of exterior illumination.
9. Location and method of refuse storage.
10. Physical relationship of proposed structures to existing structures in j
the neighborhood.
11. Appearance and design relationship of proposed structures to
existing structures and possible future structures in the neighborhood
and public thoroughfares.
12. Development guidelines and criteria as adopted by the City Council.
J. This project is Categorically Exempt pursuant to Sections 15315 (Class 15)
and 15332 (Class 32) of Title 14, Chapter 3 of the Califomia Code of
Regulations (Guidelines for the California Environmental Quality Act)
pertaining to minor land divisions and in-fill development.
Exhibit A
Resolution No. 4336
Page 4
1. The project is consistent with the applicable general plan
designation and all applicable general plan policies as well as with
applicable zoning designation and regulations. As proposed, the
project meets the intent of the High Density General Plan Land Use
Designation and is in compliance with the development standards
contained within the City Zoning Code.
2. The proposed development occurs within City limits on a project
site of no more than five (5) acres substantially surrounded by
urban uses. The project site is located within City limits on an
approximately 113 acre parcel and is surrounded by built out urban
uses.
3. The project site has no value, as habitat for endangered, rare or
threatened species. The property is within an urbanized area and
is currently developed for residential purposes. The site has no
value as habitat for endangered, rare, or threatened species.
4. Approval of the project would not result in any significant effects
relating to traffic, noise, air quality, or water quality. The project
would not have a significant impact on noise levels or on
intersections within the vicinity. The proposed project is below the
thresholds of significance established by Tables 6-2 (operation
thresholds) and 6-3 (construction thresholds) of the Air Quality
Management District's CEQA Air Quality Handbook. The applicant
has provided a preliminary water quality management plan for the
proposed project and will be required to implement the plan's
recommendations in the construction of the development.
5.. The. site can be adequately served by all required utilities .and
public services. The project site is currently vacant, though it was
previously served by utilities. Utility providers were notified of the
proposed project and appropriate connections are available to
serve the site.
Il. The Planning Commission hereby approves TPM 2016-149, CUP 2016-27,
and DR 2016-018 authorizing the subdivision of an existing 7,405 square foot
lot consisting of one (1) numbered lot for the development of two (2) detached
single family condominiums located at 140 South A Street, subject to the
conditions contained within Exhibit A, attached hereto.
Exhibit A
Resolution No. 4336
Page 5
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 28th day of February, 2017.
AUSTIN LUMBARD
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California and that Resolution No. 4336
was duly passed and adopted at a regular meeting of the Tustin Planning Commission
held on the 28th day of February, 2017.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ELIZABETH A. BINSACK
Planning Commission Secretary
E
f
Exhibit A
Resolution No. 4336
Page 6
EXHIBIT A
RESOLUTION NO. 4336
TENTATIVE PARCEL MAP 2016-149
CONDITIONAL USE PERMIT 2016-27
DESIGN REVIEW 2016-018
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped February 28, 2017, 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 Conditional Use Permit (CUP) 2016-24 and Design Review
(DR) 2016-018 shall become null and void unless permits for the proposed
project are issued and substantial construction is underway within 12
months of this approval. 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 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) 1.4 Approval of SUB 2016-04/TPM 2016-149, CUP 2016-24 and DR 2016-018
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.
(1) 1.5 The applicant shall be responsible for costs associated with any necessary i
code enforcement action, including attorney fees, subject to the applicable i
notice, hearing, and appeal process as established by the City Council by
ordinance.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
` (3) UNIFORM BUILDING CODES (7) PC1CC POLICY
i (4) DESIGN REVIEW EXCEPTIONS
Exhibit A
Resolution No. 4336
Page 7
(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 As a condition of approval of TPM 2016-149, CUP 2016-24 and DR 2016-
018, 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) 1.8 All activities shall comply with the City's Noise Ordinance.
(***) 1.9 The applicant shall comply with executed Disposition and Development
Agreement for Affordable Housing.
DISPOSITION AND DEVELOPMENT AGREEMENT
(***) 2.1 Prior to execution of the Deed and transfer of property, Affordability
Covenants and the Deed shall be executed by the Developer and
referenced documents shall be prepared for recording.
V 1 2.2 Affordability Restrictions. Developer agrees to make available and
restrict occupancy to the Homes to a qualifying Veteran constituting one
(1) Low and one (1) Moderate Household as more particularly set forth in
the Affordability Covenants, or as amended by DDA. Developer shall sell
the Homes at an Affordable Sales Price to a Qualified Household.
(***) 2.3 Duration of Affordability Requirements. The Homes shall be maintained
as an owner-occupied unit available at and owned by a qualifying
Veteran constituting one (1) Low and one (1) Moderate Income
Household throughout the sixty (60) year Covenant Period, as more
particularly set forth in the Affordability Covenants.
(www) 2.4 Each homebuyer shall be a Veteran who qualifies as Low or Moderate
Income Household which meets the eligibility, requirements established
for the Homes, and Developer shall obtain a certification from each
prospective purchaser which substantiates such fact, or as modified by
the DDA.
Exhibit A
Resolution No. 4336
Page 8
(***} 2.5 Developer shall require every homebuyer to enter into and record in the
official Orange County records an Affordable Housing Agreement which
shall name the City and Authority as intended third party beneficiaries
with all rights to enforce the provisions of the Affordable Housing
Agreement should Developer fail to do so. Developer shall provide City
with a conformed copy of the recorded Affordable Housing Agreement at
least 10 days prior to the sale or transfer (as the term "transfer" is
defined in the Affordable Housing Agreement) of any Home.
TENTATIVE PARCEL MAP NO. 2016-149
(1) 3.1 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 Tustin City Code, the State Subdivision
Map Act, and applicable conditions contained herein unless an extension is
granted pursuant to Section 9323 of the Tustin City Code. The Final Map
shall be submitted at least 90 days prior to the expiration of the Tentative
Map for review, processing, and recording prior to the expiration of the
Tentative Map. Time extensions shall be in conformance with the provision
of the Tustin City Code and State Subdivision Map Act.
(1) 3.2 The subdivider shall comply with all applicable requirements of the State
Subdivision Map Act, and the City's Subdivision Ordinance, the Tustin
City Code, applicable City of Tustin guidelines and standards and other
agreements with the City of Tustin unless otherwise modified by this
Resolution.
(1) 3.3 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) 3.4 Prior to issuance of a Grading Permit(s), the applicant shall submit an 8
1/2" x 11" street address map exhibit to the Public Works Department for
review and approval. The address map exhibit shall be in portable
document format (PDF) and shall include the site plan, footprint of
building(s), and streets.
(1) 3.5 Prior to issuance of a Building Permit(s), the applicant shall provide will
serve letters from respective utility agencies stating the services can be
provided to the proposed project.
(1) 3.6 Prior to issuance of a Building Permit(s), the applicant shall provide
written approval from the East Orange County Water District (EOCWD)
for sewer connections.
Exhibit A
Resolution No. 4336
Page 9
(1) 3.7 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 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) 3.8 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
4.1 The project shall include two (2) detached single family residential
condominium units with common and private open space.
(4) 4.2 All parking spaces shall be maintained as shown on the approved.
plans. Any changes to the number, location, or size of parking spaces
shall be reviewed and approved by the Director of Community
Development.
(1) 4.3 No outdoor storage shall be permitted during grading or building
stages except as approved by the Community Development Director.
CONDITIONS, COVENANTS & RESTRICTIONS (CC&R'S)
(1) 5.1 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 bome by the subdivider.
(1) 5.2 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.
Exhibit A
Resolution No. 4336
Page 10
(1) 5.3 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) 5.4 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) 5.5 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.
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,
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. Membership in the homeowners association shall be inseparable
from ownership in individual units.
F. 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.
G. Maintenance standards shall be provided for applicable items
listed in Section C above in CC&Rs. Examples of maintenance
standards are shown below.
Exhibit A
Resolution No. 4336
Page 11
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 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.
H. 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.
I. A "Parking Exhibit" shall be made part of the CC&Rs and shall be
enforced by the homeowners association. In addition to the exhibit,
provisions regarding parking shall be included in the CC&Rs,
including the following:
1. At a minimum, a total of 4 parking spaces shall be available
onsite permanently maintained at a rate of two garage spaces
per dwelling 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 or driveway 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.
Exhibit A
Resolution No. 4336
Page 12
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.
J. Provisions for enforcing individual trash cart placement at
designated curb no earlier than noon on the day before scheduled
collections and removed within twelve (12) hours of collection.
K. Maintenance of all common areas, driveways, etc., shall be by the �
homeowners association.
L. Television and radio antennas shall be installed in accordance with
the requirements of the Tustin City Code.
M. All utility services serving the site shall be installed and maintained
underground.
N. The homeowners association shall be required to file the names,
addresses, and telephone numbers of at least one member of the
homeowners association Board and, where applicable, a manager
of the project before January 1 st of each year with the City of Tustin
Community Development Department for the purpose of contacting
the association in the case of emergency or in those cases where
the City has an interest in CC&R violations.
O. The homeowners association shall be responsible for establishing
and following procedures for providing access to public utilities for
maintenance of their facilities within the project area, subject to
those agencies' approval.
P. No amendment to alter, modify, terminate, or change the
homeowners association's obligation to maintain the common areas
and the project perimeter wall or other CC&R provisions in which
the City has an interest, as noted above, or to alter, modify,
terminate, or change the City's right to enforce maintenance of the
common areas and maintenance of the project sound wall, shall be
permitted without the prior written approval of the City of Tustin
Community Development Department.
Exhibit A
Resolution No. 4336
Page 13
HOMEBUYER NOTIFICATION
(1) 6.1 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 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,
B. A notice explaining the 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.
C. A notice stating trash bins shall be placed in designated curb areas
no earlier than twelve (12) hours prior to the scheduled collections
and removed within twelve (12) hours of collection.
D. A notice explaining and providing a copy of the approved "Parking
Plan" and related CC&Rs provisions.
E. Alott01ain __a id p vi in copy h_e app
H� c e pler Route".
F. A notice for potential airport noise that may impact the subdivision.
G. A notice indicating that the subdivision is located within the Cultural
Resource (CR) Overlay District and that alterations and other
improvements shall be subject to CR district requirements and
related design guidelines.
SITE AND BUILDING DESIGN
(4) 7.1 The project shall continuously maintain a minimum of four hundred (400)
square feet of open space recreation area per dwelling unit within a
common designated recreation area. Private attached ground level
patios may be credited toward the open space requirement if restricted
to only permit covers open on three (3) sides. In addition to the
recreation area requirement, all structural setback areas, excluding
driveways and walkways shall be landscaped.
Exhibit A
Resolution No. 4336
Page 14
(4) 7.2 Project signage (wall, monument and directional signage) shall be
reviewed under separate permit and are not part of the project approval
(4) 7.3 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) 7.4 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 materials.
(4) 7.5 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) 7.6 Relocate condenser for front unit (1 A)to the rear of the garage.
(1) 7.7 All utility services serving the site shall be installed and maintained
underground.
BUILDING PLAN SUBMITTAL
(1) 8.1 The final approved conditions of approval 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.
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(1, 3) 8.2 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, 3) 8.3 An automatic residential fire sprinkler system shall be installed per
NFPA 13 D in all new residential constructions. CRC R 313.2.
(1, 3) 8.4 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.
Exhibit A
Resolution No. 4336
Page 15
(1, 3) 8.5 Each unit shall be readied for an electrical vehicle charging station and
solar panels.
(1) 8.6 Prior to issuance of building permit Orange County Fire Authority
approval is required.
(1, 3) 8.7 A Certificate of Appropriateness, issued by the Director of Community
Development, will be required at the time of building permit issuance.
LAN DSCAPEIHARDS CAPE
(1, 6) 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. I
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.
Exhibit A
Resolution No. 4336
Page 16
H. Ground cover shall be planted eight (8) to twelve (12) inches on
center, or as approved by the Community Development
Department.
I. Fences, wall, and equipment areas shall be screened with walls,
vines, and/or trees.
J. All plant materials shall be installed in a healthy vigorous condition
typical to the species and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming,
weeding, removal of litter, fertilizing, regular watering, and
replacement of diseased or dead plants.
K. Landscaping at the project entry shall not limit sight distance of
vehicles and pedestrians entering and exiting the site.
(1, 6) 9.2 Prior to issuance of a certificate of occupancy, 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.
(1) 9.3 The project shall comply with the City's Water Efficient Landscape
Ordinance and any Executive Orders issued from the Governor of the
State of. California pertaining to water conservation and irrigation
methods.
(4) 9.4 Backflow devices and double detector checks shall be painted to match
surrounding landscaping when in planters or painted to match the
building when located adjacent to. Landscaping shall be utilized to
screen the devices where possible.
(4) 9.5 On-site walls and fences shall be noted on the plans with specific
materials, colors, and decorative treatments subject to the review and
approval of the Community Development Department.
NOISE
(1) 10.1 At plan check, a noise analysis may be provided to ensure compliance
with 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.
Exhibit A
Resolution No, 4336
Page 17
ORANGE COUNTY FIRE AUTHORITY
(1, 5) 11.1 Prior to issuance of building permits, the applicant shall submit plans
for residential fire sprinklers, sprinkler monitoring system and fire alarm
system.
(1, 5) 11.2 Prior to issuance of temporary or final certificate of occupancy, all
OCFA inspections shall be completed to the satisfaction of the OCFA
inspector and be in substantial compliance with codes and standards
applicable to the project and commensurate with the type of occupancy
(temporary or final) requested. Inspections shall be scheduled at least
five days in advance by calling OCFA Inspection Scheduling.
WATER QUALITY
(1) 12.1 Prior to issuance of any permits, the applicant shall record a "Covenant
and Agreement Regarding O & M Plan to Fund and Maintain Water
Quality BMPs, Consent to Inspect, and Indemnification", with the
County Clerk-Recorder. These documents shall bind current and
future owner(s) of the property regarding implementation and
maintenance of the structural and nonstructural BMPs as specified in
the approved WQMP.
STREET IMPROVEMENTS
(1) 13.1 Prior to any work in the public right-of-way, an Encroachment Permit
shall be obtained from and applicable fees paid to the Public Works
Department.
(1) . 13.2 Prior to issuance of a certificate of occupancy, the applicant shall
complete street improvements on South A Street along the project
frontage consisting of:
A. Design and construct the concrete sidewalk along property
frontage on South A Street.
B. Remove depressed curb and existing driveway apron and replace
it with sidewalk, full height curb and gutter.
(1) 13.3 The applicant shall submit to the Public Works Department 24" x 36"
reproducible street improvement plans, as prepared by a California
Registered Civil Engineer, for approval. The plans shall clearly show
existing and proposed surface and underground improvements,
including construction and/or replacement of any missing or damaged
public improvements adjacent to this development.
(1) 13.4 Current Federal Americans with Disabilities Act (ADA) requirements
shall be met at all driveways and sidewalks adjacent to the site. City of
Exhibit A
Resolution No. 4336
Page 18
Tustin standards shall apply, unless otherwise approved by the City
Engineer.
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 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 I
contamination with the public water system.
C. If the applicant proposes to use an irrigation system, then a
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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.
(1) 14.3 Any easements for construction and maintenance of public water
facilities within private property shall be reviewed and approved by the
Public Works Department prior to recordation with the Orange County
Clerk-Recorder. The applicant shall submit a legal description and
sketch of the area to the Public Works Department for review and
approval, as prepared by a California Registered Civil Engineer or
California Licensed Land Surveyor.
(1) 14.4 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.
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(1, 5) 14.5 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.
Exhibit A
Resolution No. 4336
Page 19
(1, 5) 14.6 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) 14.7 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).
A. The applicanticontractor is required to submit a W RRP to the
Public Works Department. The W RRP' must indicate how the
applicant will comply with the City's requirement (City Code
Section 4351, et al) to recycle at least 65% 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. Based on the review of the submitted
Waste Management Plan, the cash 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, or $2,500,
whichever is greater. In no event shall a deposit exceed $25,000.
C. 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.
FEES
(1, 5) 16.1 Prior to issuance of the first Certificate of Occupancy, Developer shall
pay park in-lieu fee for the condominium residential lots created by the
final map in accordance with Tustin City Code Section 9331 d.3.
(1, S) 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.
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Exhibit A
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i
Resolution No. 4336
Page 20
(1, 5) 16.3 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.
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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 East Orange County Sanitation
District (EOCSD).
F. New development tax fee based upon the current schedule at the
time of permit issuance.
G. School facilities fee in the amount as required by Tustin Unified
School District.
(1, 5) 16.4 Within forty-eight (48) hours of final approval of the project, the
applicant shall deliver to the Community Development.Department, a
CASHIER'S CHECK payable to the County Clerk in the amount of fifty
dollars ($50.00) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour i
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.