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HomeMy WebLinkAboutPC RES 4336 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: 1. 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; 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 Residential (R3) zoning district. G. That Tustin City Code Section 93310 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, 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. 1. 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, 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 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 California 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 1/3 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. 11. 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. E004 A ReSOlUflon No, 4336 Page PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 28th day of February, 2017. Ole e AUSTIN LUMN BARD 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: KOZAK, LUMBA D, MASON,, sMYrfl, °THraraPSO (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED- PLANNING B TAINEE:PLANNING COMMISSIONER ABSENT„ ELIZABETH A. BINACI Planning Commission Secretary 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 2016-041TPM 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 code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (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. (***) 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. (***) 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 %" 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 borne 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. In the alternative, a legally established mechanism for the provisions contained herein shall be subject to the review and approval of the Community Development Department and the City Attorney's Office. (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. Exhibit A Resolution No. 4336 Page 11 G. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below. 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, and free of debris and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be 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 Exhibit A Resolution No. 4336 Page 12 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. 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 Exhibit A Resolution No. 4336 Page 13 Community Development Department. 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. A notice for potential airport noise that may impact the subdivision. F. 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. (4) 7.2 Project signage (wall, monument and directional signage) shall be reviewed under separate permit and are not part of the project approval. Exhibit A Resolution No.4336 Page 14 (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 (1A) 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. (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. (1, 3) 8.5 Each unit shall be readied for an electrical vehicle charging station and solar panels. Exhibit A Resolution No. 4336 Page 15 (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. LANDSCAPEIHARDSCAPE (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. 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. Exhibit A Resolution No. 4336 Page 96 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. The applicant shall coordinate and/or provide a courtesy notice to adjacent property owner(s) for fencing or walls located on the property line. NOISE (1) 10.1 At plan check, a noise analysis may be provided to ensure compliance with Tustin Noise standards. (1) 10.2 1n 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, S) 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) 92.1 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. Exhibit A Resolution No. 4336 Page 18 (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 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 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. (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. Exhibit A Resolution No, 4336 Page 19 (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 provide sewer connection plans and sewer permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. Inspection may be required if upsizing or constructing new sewer lateral. (1, 5) 14.6 Provide EOCWD Wholesale Zone Water Connection Permit application with meter size. . (1, 5) 14.7 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1, S) 14.8 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING (1, 3) 15.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et A 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. Exhibit A Resolution No. 4336 Page 2 GAS COMPANY (1, 5) 16.1 All Southern California Gas Company easement(s) shall be maintained as recorded. The following conditions for construction over easement(s) shall be met: A. No change of grade without prior written approval of The Gas Company. B. No temporary or permanent structures within the easement(s): i.e. buildings, concrete pads, walls, vaults, etc. Should The Gas Company have to remove any temporary/permanent structures, the demolition would be at the property owners' expense. C. No planting of trees or deep rooted plants. D. No poles, signs or fence posts to be installed without the written approval of The Gas Company. E. Ingress and egress rights to and from the easement(s) must be maintained. FEES (1, 6) 17.1 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 9331d.3. (1, 5) 17.2 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. (1, 5) 17.3 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. B. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. Exhibit A Resolution No. 4336 Page 3 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) 17.4 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 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.