HomeMy WebLinkAbout10-ATTACHMENT E (DRAFT PC MINUTES)ATTACHMENT E
DRAFT PLANNING COMMISSION
MINUTES OF NOVEMBER 12, 2019, AND
RESOLUTION NOS. 4394 & 4395
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
NOVEMBER 12, 2019
7.00 p.m. CALL TO ORDER: 7:00 p.m.
Given. INVOCATION/PLEDGE OF ALLEGIANCE: Kozak
PLANNING COMMISSION REORGANIZATION
As a matter of standard procedure, the Planning Commission reorganizes once
per year by appointing a new Chairpersonnd`Chairperson Pro Tem.
RECOMMENDATION:
That the Planning Commission elect a Chairperson and Chairperson Pro Tem
pursuant to standard proce E res:
E i
Motion: Chairperson Kozak nominatedl'ICommissioner Masori"c� be appointed as the
new Chairperson, seconded by Chull Motion carried 5-0
Chairperson Mason noncoated Commissioner Kozak as the new Chairperson
Pro Tem, seconded y,''Jha Motion camel 5 0.
Minutes — Planning Commission November 12, 2019 — Page 1 of 11
Approved the 1
Minutes of the
September 24,
2019 Planning
Commission
meeting.
APPROVAL OF MINUTES — SEPTEMBER 24, 2019
RECOMMENDATION:
That the Planning Commission approve the Minutes of the September 24,
2019, Planning Commission meeting, as provided.
Motion: It was moved by Kozak, seconded by C r, u to approve the Minutes of the
September 24, 2019 Planning Com',,"
isp1p meeting. Gallagher and Jha
abstained due to their absences. Motlori mimed 3-0-2.
PUBLIC HEARING:
2. GENERAL PLAN CONFO;IMITY, DEVELOPMENT AGREEMENT 2019-
00001, TENTATIVE T ,',T MAP 19103, DESIGN REVIEW 2019-00009
FOR THE DEVELOPME�i�'� OF0;0�;RESIDENTIAL CONDOMINIUM
UNITS WITHIN NEIGHBORH? Q',D',', USTIN LEGACY;SPECIFIC PLAN
(LOTS 2 AN D'16,11 1h}OF TRACTi
APPLICANT: BROOKFELD HOMP i$OUTHERN CALIFORNIA LLC
dn�� �1��
AT'YL CASAr(I O^UA
N
3200. PARKCEN ER DRE. SUITE 1000
CITY OF T STIN
NT3C
WAY
TUSTIN GA 92780
LOTS 2 AND 5-10 OF TRACT 18197; GENERALLY
BOUNDED BY FUTURE AIRSHIP AVENUE TO THE
NORTH, STREET 'D' TO THE EAST, ALLEY GROVE
PROMENADE TO THE SOUTH, AND STREET 'B' TO
THE WEST WITHIN PLANNING AREA 8,13 AND 14 OF
NEIGHBORHOOD D, TUSTIN LEGACY SPECIFIC PLAN.
ENVIRONMENTAL:
On January 16, 2001, the City of Tustin certified Program Final
Environmental Impact Statement/Environmental Impact Report (FEIS/EIR)
for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City
Council adopted Resolution No. 04-76 approving a supplement to the
FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue
and the future alignment of Valencia North Loop Road. On April 3, 2006,
the City Council adopted Resolution No. 06-43 approving an addendum to
the FEIS/EIR and, on May 13, 2013, the City Council adopted Resolution
Minutes — Planning Commission November 12, 2019 — Page 2 of 11
No. 13-32 approving a second addendum to the FEIS/EIR. On July 5, 2017,
the City Council adopted Resolution No. 17-23 approving a second
supplement to the FEIS/EIR. The FEIS/EIR, along with its addendums and
supplement, is a Program EIR under the California Environmental Quality
Act (CEQA). The FEIS/EIR, addendums and supplement are considered
the potential environmental impacts associated with development on the
former MCAS, Tustin.
An Environmental Checklist has been prepared for the project and
concluded that these actions do not result in any new significant
environmental impacts or a substantial increase in the severity of any
previously identified significant impacts, t;�Fthe FEIS/EIR. Moreover, no new
information of substantial importance,t as'"'Surfaced since certification of the
FEIS/EIR.
RECOMMENDATION:
1. That the Planning Commission adopt Resolution No. 4394,
determining that the location, purpose, arid' ;extent of the proposed
disposition of an approximately 21r4 -acre slte�vulthm Neighborhood D
of the Tustin Legacy S'peelfa'h Plan for the d'euelopment of 400
resiidentiel, nits is in conformance with the approved General Plan.
is i tki i
I
2. That the Plannlrig Commission , adopt Resolution No. 4395,
recommending that the City Council approve:
ar. DA 2019-00001 to facilitate the development and conveyance of
an approximate 25.4 -acre site within the boundaries of Tustin
,, ,Leaacv Specific Plan.
19103` to s.ubd1i,Vide an approximately 25.4 -acre site into
ty-three (73) numbered lots and ten (10) lettered lots for the
pment of 400 residential condominium units, a community
rtlon facility, open space areas, and other neighborhood
ities.
c. DR 2019-00009 for the design and site layout of 400 residential
..................
condominium units, a community recreation facility, open space
areas, and other neighborhood amenities.
Willkom Willkom thanked all of the individuals who participated in the proposed project.
She also added that the Brookfield team would also like to provide a brief
presentation to the Commission.
Beier Presentation given.
Ms. Cheryl The applicant, Cheryl Casanova, Brookfield Homes, also provided a
Casanova presentation. She also thanked City staff for their support on the project.
Minutes — Planning Commission November 12, 2019 — Page 3 of 11
Gallagher Gallagher made favorable comments with regards to both presentations. His
comments/questions generally included: affordable housing (i.e. low, very -low
housing spectrum of the RHNA requirements); the City's collaboration with the
developer on the design concept and asked how the City and developer are
coming up with the design concepts; Gallagher asked about the schedule of the
promenade connecting the Flight to the District; asked about the size of the
promenade; asked about the development timing; asked to confirm the timing of
the extension of the linear park be in coordination with that expansion; and
connectivity between the housing developments and the Heritage school and
the planned high school.
Willkom In response to Gallagher's question, Wil Iko i,;.stated, in general, the proposed
Brookfield development does not include affordable units; however, the City
envisions the provision.of affordable hp'lN,ng within the multi -family apartment
projects. Currently, there is an ac`s a west for Proposal and one of the
requirements is a provision for a oidab1614, pusing. Willkom invited Ryan
Swiontek to the podium in or,,,, ,;, r him to el ' mrate on the design concept
process. In response to G010h is question ori , `` a spromenade, the City will
be developing the promena' f She deferred to
S"`ttntek with regard to the
scheduling. 4li�,;.
Swiontek In response to G10Ilagher's designscgncept question, Swiontek stated the
following, in general he' mentioned the;,ity's Design Guidelines in terms of
Neighborhood D South beim ,more co"temporary in nature in trying to
distinguish .ourselves in Orange `County 6§11111 9!,l as Southern California (he
referred fQ tfiovity project and,Tusin s futur iirtoving forward); he mentioned
Bro�� field prof#;�s in West��'os 'Angers being very successful; per the
sched61in of th promenade,'; the City's goal on the commencement of the
prom it e,
will l' incide with the schedule of Brookfiield's construction
schedules; a'� alp is to provide the connections and movement between the
Flight, the NMd§ `-Hall, as well as the District with access; the same project team
is alsoworking on the private property development scheduling so there will be
a cohesive project group working on the promenade; models are projected for
May 2021; teh;(10) feets generally a shared path but the promenade will be
approximately fifty (50) feet or larger for walking and biking area; the promenade
Nil: also servb as a buffer between the adjacent land use which will be
commercial/office development; this is the initial phase of the promenade and
there may be enhancements when new office developers come in; in terms of
performance on the .developer's side, it is generally dictated in the schedule of
the development agreement which will be presented to the City Council in
December 2019; there are performance matrix, in terms of initial phasing as well
as model build out and final build out for the community (approximately 66
months after close of escrow); the City would like to move forward as soon as
possible with the linear park because even beyond the proposed project, the
City is working on the next development with apartment developers as well
which means there will be more residents to serve than just the proposed
project; and typically the City constructs sidewalks as development occurs and
the Public Works Department can take a look the site to ensure connectivity is
in place which is outside of this particular project.
Minutes — Planning Commission November 12, 2019 — Page 4 of 11
Kozak Kozak also inquired about the design aspects of the buildings and asked if any
thought was given to any horizontal treatment along the roofline to soften the
vertical massing and the edges. He referred to a neighboring city with a project
in similar size and massing, similar to the proposed project, but without any type
of roofline horizontal treatment, which looked "boxy'.
Swiontek There is a lot of offsetting at the massing on the upper levels of the buildings;
the third stories are pushed back so it is not as abrupt; and the parapet cap
typically provides a more contemporary design, the focus would be more on the
projecting elements. A lot of the upper levels have recess massing, projected
balconies or trellises on the large decks for the metro product as well as the
detached square foot dwelling products. There, are also metal awnings on some
of the products to draw one's eyes on the p"alrapet itself.
r.
Chu Chu's questions/comments generally!ingludu rif rthere would be playgrounds for
children within the proposed protect I�the C�'; t�i' Is, supposed to offer affordable
housing (50%) and the propQe !{project does n'pt offer affordable housing —
would there be a problems n�f�Wation to other a61n'cles and the public via the
n «r j
Tustin News - concerned man, liesldents do not read the Newspaper—
any other
way to notify the public (i.e. vla�4� , mall?�� she asked a`bp t the Stantec memo
and the methodology section, andthe',agrtida report wod have to be revised
because of SB 74.
Swiontek In response to Chu's previous question, S A"" ; �tek stated that the City is looking
at a substantial playground areaIii to, serve th'e lneighborhood children which will
be a large, rnponent of the Tustin Legacy (l.e.'shared urban amenities in public
areas��?Tiiot just particular to,lntemal tracts , ;
llkom In respdnse,to Chuts uestlons Willkom stated the following, in general: she
q
asked Churf'she iwas referring to RHNA's requirement; there are no affordable
units proposed,with the project, but- to comply with RHNA's current allocation,
:Yiiithe City does have affordable';.housing requirements for other sites; the City
notified affected agencies and property owners within a 300 foot radius; because
the proposed project''slte,is currently vacant and the surrounding areas are also
vacant, those who were notified are not residents; the agenda was also posted
on the City's website, at the Tustin Library, Tustin City Hall, and public hearing
notices were posted at four (4) intersections near the proposed project site which
is above and', beyond what the law requires; per Chu's question regarding SB
743, Wlllkom explained that it is the new legislation that will become effective
on July 1, 2020 and it changes the way the City looks at traffic congestion and
overall traffic for each proposed development as well as the level of service; SB
743 will look at vehicle miles traveled instead of level of service; since the project
came before the SB 743 effective date, the applicant is not required conduct a
traffic study at a later date.
Mason Mason asked about the open space ratio required with new developments with
regard to the 2.6 acres open space mentioned in the agenda report. She also
asked for more information regarding the density for the overall project. Mason
asked Swiontek about the similarities and the differences between the proposed
Minutes — Planning Commission November 12, 2019 — Page 5 of 11
project to the Levity project. She asked what the approximate distance between
Levity and the proposed project.
Iil/kom In response to Mason's inquiry, the TL Specific Plan requires 100 square feet of
common open space per unit and in addition, the Specific Plan also requires
100 private open spaces per unit to be provided in the residential community.
The proposed project provides above and beyond the required open space; the
common open spaces are privately owned however, three (3) areas are
accessible to the public. City staff included in the covenant that requires the
open spaces be accessible to the public. For the density requirement, Willkom
stated that since the amendment of the Specific Plan in 2017, the City does not
limit density; instead development is limitediiii,based upon total number of units
authorized by the Specific Plan. The ovq al,1!density for the proposed project is
approximately 15.75 DUA, which is be��uthe City's highest allowable density
within the General Plan. Even thous ;itlh6-4,11;'� Is envisioned to be urban (higher
density) the proposed project is bel,n , propos ! Tat a lower density than what the
City had anticipated.
Swiontek Swiontek's response to Masgn,'S question regarding; j fferences between the
proposed project and Levity ge''drally mc�pd d: all of the,products at Levity are
����i ,,
three stories and tf proposed pi'otct,;rducts are two shoes to differentiate
the height of the ings and streali,,';.ili;,similarities
pes; the proposed"' project units front
, '��{X11onto the street (not' al u�a�� communwith the recessed upper
levels, massing; town t�j I; e'' ' `1 ct Is a t6oft-,- m the proposed project with more
open saces, the highalit firi'',I as thatt dl ,ntiates between Levi and the
propoaed .pro ect, both p'rtijects arg�'Qfi��'a'�ponter>'I� rary nature in terms of design
r �,ilN �iil'i.r� ��II'��I'I��I'
andStFthe dlydio:n the Cly, ��_11,, ge'nerall�i;ong in with in following the City's
e. �I , i
Deslgr , , uldeIinq� and as '�,f tfe distance between Levity and the proposed
project, l,�s approximately onehalf of a mile to one (1) mile minimum.
8:00 p.m '���; °�pned/Clos'ei.the Pubic riim'erts Section.
Ilii
Jha Jha made favorable; comments to City staff and the applicant in helping the
deve lopme�l'yVth the Tustin Legacy.
Chu th'u;;made favbrle comments regarding the project and the design.
Gallagher Gallagher..caij)' U red with his fellow Commissioners' favorable comments.
Kozak Kozak shared his fellow Commissioners' comments.
Mason Mason also made favorable comments specifically regarding conformity and the
well-balanced land use. She asked the applicant to ensure the proposed project
looks distinctive. She added that the walkability be increased and urged that
there are areas for children to play.
Motion: It was moved by Gallagher and seconded by Chu to adopt Resolution Nos. 4394
and 4395. Motion carried 5-0
Minutes — Planning Commission November 12, 2019 — Page 6 of 11
Dove
Ms. Mary
Ringhoff
REGULAR BUSINESS:
3. HISTORIC RESOURCES SURVEY UPDATE
On March 26, 2019, the Planning Commission, as Historic and Cultural
Resources Advisor, approved a Work Program for 2019. The Work
Program included an update of the City's Historic Resources Survey
(Survey), last prepared in 2003.
On May 2, 2019, the Community Development Department released an
RFP to qualified professionals to update the Survey. During the months
of August and September 2019, staff, g9nducted interviews with each of
the five (5) consultants who respondifo the RFP, and a contract was
offered to Architectural Resourcef!iup.
This report and presentE
status report and update,
RECOMMENDATION:
That the Plann,.nq Comm
Dove introduced
Commission.
Ms.
iven to the Planning Commission as a
survey's pi o'g,ress.
nd file the
manager to ARG, to the
a presentation.
Willkom Wlllkomi 60vised' ,yCommissi6 ler Chu that she is not only a Planning
Commissiom r; 1!1 ;b 1shel,js also part of the Cultural and Historic Resources
u Ativisor, whichhis;,why City staff is presenting the Commission with this update.
�i
Mason Mason as, `ed Ms Ringhoff if ARG had not used the Arches app before. She
also mentid' '&d the' importance of notification and engagement from the
residents (i.e adding toNextDoor app).
Ms. Ringhoff Ms Ringhoff stated that ARG has used a variety of different apps before but
they have been;`11waiting for Arches to be released, which it was in the Summer.
Arches is an! open source platform for online databases and was developed
by the Getty Institute and it is free, but there is front end building of the
database that needs to be done, as well as building the collector. That cost
would be absorbed by ARG since they would be using the app for multiple
projects.
Chu Chu also stated the importance of getting the public involved. Specifically
community outreach, within the agenda report where it states the City will be
conducting two (2) community workshops, but the project timeline shows only
one (1) workshop.
Minutes — Planning Commission November 12, 2019 — Page 7 of 11
Willkom In response to Chu's question regarding the timeline, Willkom stated that at
the time City staff prepared the agenda report, they did not have the kick-off
meeting, as of yet. Now that it has been done, a more refined project timeline
will be provided to the Commission as staff updates progress, along with the
efforts to get the survey completed.
Kozak Kozak referred to the public kick-off meeting listed on the timeline in January
2020 and a Planning Commission update in April 2020. He asked if staff could
insert another update to the Commission in order to apprise those residents
who inquire.
Willkom In response to Kozak's request, Willkom stated that staff will be updating the
timeline and they will include the second wPfkshop, as requested.
Motion: Received and filed.
4. REGIONAL HOUSING NEE'' S ASSESSIVINT (RHNA) UPDATE
California State housm6'1'i;
existing and future housing
sites and zoning Identified
accommodatd1i;Jt§111RHNA a
planning period 'fr6ffi,; : ctc
provides the Plar`in'i!rg'
Co
Reekstin
requires that each;icity and county plan for
eeds byjfmandating'tliet there are sufficient
the ,h 644 'rng element of, its General Plan to
:a'tl�ri11 'The 6th Cycle RHNA will cover the
r 20,1 through October 2029. This report
ssion wth,,,the RHNA status update.
receive -and file the report.
Jha' 1Jha asked, Reekstin how RHN&.came up with the new methodology, which is
double than.What was,;recommended on October 7, 2019.
Reekstin ,Reekstin stated :that the! main thing that happened was, there was less focus
on what local jurisdictions were projecting for their growth and that was taken
out of the equation. RHNA kept in jobs accessibility and transit accessibility
andTustin has 'good transit and many jobs close by which gives Tustin a
higher RHNA number and they also use socioeconomics factors (i.e. cities
that have less poverty, better educated population — those cities were given
higher RHNA numbers). For example, in Orange County, the RHNA numbers
in Anaheim and Santa Ana did not really change. But the RHNA numbers in
Newport Beach, Irvine, Tustin communities dramatically increased.
Gallagher Gallagher asked Reekstin that if a number came out that was 5 and 6
thousand, beyond what the City could do with the existing infill and current
General Plan, specifically for Tustin Legacy, would the next step be that the
City needs to then update the General Plan or make an amendment to
increase density and land use requirements transferring from commercial to
residential? Gallagher also referred to the "check-in" periods with RHNA and
Minutes — Planning Commission November 12, 2019 — Page 8 of 11
SB 35 — he asked if it is true that if the City does not meet RHNA's numbers,
there is a streamline process, and that streamline has not been used in the
past, due to prevailing wage requirements. Gallagher also asked, since the
City owns much of the land in the Tustin Legacy, this is again not as much of
a concern because people cannot just come and propose developments
because the City owns -the property.
Reekstin In response to Gallagher's previous question, Reekstin stated that once the
RHNA numbers are known, next year the City will have one (1) year to update
the Housing Element by October 2021. The Housing Element update will
need to demonstrate that the City can meet the RHNA numbers during the
RHNA period which may require up -zoning, -.pr re -zoning of commercial and
industrial properties to residential if the ty does not have enough available
land, either at the Tustin Legacy or ot4,&.IaA'eas. Per Reekstin, there are some
challenges with invoking the SB ,,,:5 ,proulslons, but it is the law if those
provisions are satisfied, It would,J66166 juns;i;�tlons to ministerial approvals.
The City does not have a hlstoiY°of denyingUsmg projects, but in other
y
jurisdictions, it mabe moreofa"'threat to RHNA'�ce the City owns most of
1 01
the property in the Tustin L' ey, the City has moWg'ycontrol on what is built
and to perhaps promote more°aordable ho
Kozak Kozak referredto ethodology'as well, per the three (3) Orange County
jurisdictions, and if4a been discussion in Orange County or is there
any discussion formi t.,,1 gaup to counted the proposed measure.
'RII
Reekstin Per Fee$tirii so far the'refhas �nlyGbeen preliminary discussions. The City
should learn more in the ri rn'orti#fi or so:��rough the Orange County Council
of Gbkemments (OCCOG)`�"i see if our Orange County region wants to take
a unite' stand
Mason
occur:
Reekstin In response
and provide
regionally in
is Important
methodolog
minute. ThE'
steps are and what exactly is going to
PirMason's question, City staff is going to address the City Council
:hem with a'similar update and ask for their direction to send an
tte„r, to HCD. Also, Reekstin will monitor what is happening
Orange County to see if the OCCOG wants to take a position. It
to see how HCD reacts. Perhaps they will determine this
is unfairly treating certain jurisdictions and that it came in last
general public did not have a lot to review ahead of time as well.
Chu Chu referred to the background section of the agenda report and asked how
the City determines what sites and zoning are sufficient and if there are
guidelines.
Reekstin In response to Chu's question, the current housing element which applies to
the current RHNA cycle, identifies individual sites by location and shows their
size (acreage) and their density. City staff would have to ensure, based on
the density and size, that the City has enough capacity to meet the RHNA
numbers. The City has not yet completed an analysis at this point. Per
Minutes — Planning Commission November 12, 2019 — Page 9 of 11
Reekstin, there is land available for at least several thousand but we have not
looked at every site. If we look at the Tustin Legacy and the new Specific
Plans (Red HIII Avenue and the Downtown Commercial Core Plan), they will
accommodate a large number of units, but the City was not planning on
developing them all in eight (8) years. The City would have to show that the
capacity is present and that development can be accommodated.
Willkom Willkom added that in context, currently the City has approximately 27,000
housing units in the City. The new 9,500 housing units is basically one-third
of those housing units, which is a lot. The City is required to accommodate
those numbers by providing sites but this may not be what the community
desires. Once staff receives direction from the City Council, they will update
the Commission.
Motion: Received and filed.
STAFF CONCERNS:
llkom Willkom reminded the Com'rission of the Annual! Mayor's Thanksgiving
Breakfast on November 21, 20'19
COMMISSION
Gallagher Gallagher confirmed Chet CityF;�atff wouldi�l�e, providing a RHNA update to the
Commission once the R NA niYii7bbrs are
Kozak Kozeki"attended the fol
• 110/3: Tust"r,.,Tiller
• 10/4'� Tqurofhthe Irvine Rapch Water District
10/5: Tustin Tiller Days Breakfast &Parade
• 1 Q/5 . Orange County Fite Authority Open House
• 10/15: OCTA Citizens Advisory Committee Meeting
• 10/16`: State Route; (SR) 55 Open House
• 10/17: Orange County Planning Officials Forum
• 10/19:Old'; Town Art Walk
• 10/30;, Moffett Bridge Grand Opening
• 11/3- "`` Dino Dash
• 11/5:: ` Council's Presentation of Historic Preservation Commendation
(Swinging Door/American Grub)
Kozak also commended Dove, Beier and Reekstin for all of their hard work on
the agenda reports and presentations. Congratulations Chair Mason!
Jha Jha attended the following events:
• 10/9: Chamber of Commerce Business Luncheon
• 10/27: Tustin Food & Wine Festival
• 10/30: Moffett Bridge Grand Opening
Minutes — Planning Commission November 12, 2019 — Page 10 of 11
Jha • 11/1: Tustin Police Foundation "Casino Night"
Chu Chu attended the following events:
• 10/17: Orange County Planning Officials Forum
• Traffic Impact Study Workshop — Chu asked Willkom if City staff could
provide training to the Commission with regards to the SB 743 and if City
staff could post SB 743 information on the City's website (i.e. NextDoor).
Willkom Per Willkom, both the Community Development and Public Works Departments
are working on the implementation of SB 743 and if it is the consensus of the
Commission, City staff will provide a presentation to the Commission on SB 743.
The date is unknown at this time.
Mason Mason commended former Chair Ko'forhis years of service and she thanked
her fellow Commissioners for nomlating her, as the new Chair. She also
thanked staff for their hard work bn'the agenda reports and presentations.
t
,
9:00 P.M. ADJOURNMENT:
The next re ular eetin of t'he' ;Plariniri` Commissitin s scheduled for
g g g �, Jql
Tuesday, Novemf,11� 26, 2019, at 7x00 p.m. in the City Council Chamber at
300 Centennial Wa,V,
Minutes — Planning Commission November 12, 2019 — Page 11 of 11
RESOLUTION NO. 4394
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF TUSTIN DETERMINING THAT
THE LOCATION, PURPOSE, AND EXTENT OF THE
PROPOSED DISPOSITION OF LOTS 2 AND 5-10
OF TRACT 18197, AN APPROXIMATLEY 25.4.
ACRE SITE WITHIN PLANNING AREA 8, 13 AND
14 (NEIGHBORHOOD D) OF THE TUSTIN LEGACY
SPECIFIC PLAN, FOR THE DEVELOPMENT OF
400 RESIDENTIAL CONDOMINIUM UNITS, A
COMMUNITY FACILITY, AND OTHER AMENITIES
IS IN CONFORMANCE WITH THE APPROVED
GENERAL PLAN.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That proper application has been submitted by Brookfield Homes
Southern California LLC for the development of 400 residential units, a
community facility and other neighborhood amenities on an
approximately 25.4 -acre site currently owned by the City of Tustin within
Planning Area 8, 13 and 14 of the Tustin Legacy Specific Plan,
B. That the City wishes to dispose of Lots 2 and 5-10 of Tract 18197, an
approximately 25.4 -acre site within Planning Area 8, 13 and 14, to
accommodate the development 400 residential condominium units, a
community facility and other neighborhood amenities,
C. That. Section 65402(a) of Government Code provides that no real
property shall be disposed until the location, purpose, and extent of the
project has been reported upon by the local planning agency as to the
conformity with the adopted general plan,
D. The proposed disposition supports several General Plan Land Use
Element goals, including the following:
Land Use Element Goal 1: Provide for a well-balanced land use.
pattern that accommodates existing and future needs for housing,
commercial, and industrial land, open space and community facilities
and services, while maintaining a healthy, diversified economy
adequate to provide future City services.
Resolution No, 4394
Page 2
2. Land Use Element Goal 3: Ensure that new development is
compatible with surrounding land uses in the community, the City's
circulation network, availability of public facilities, existing
development constraints, and the City's unique characteristics and
resources,
3. Land Use Element Goal 4: Assure a safe, healthy and aesthetically
pleasing community for residents and businesses,
4. Land Use Goal 6: Improve urban design in Tustin to ensure
development. that is both architecturally and functionally compatible,
and to create uniquely identifiable neighborhoods.
5. Land Use Goal 13 Continue to implement the Tustin Legacy Specific
Plan, which maximizes the appeal of the site as a mixed use and
master planned development,
E. That Section 65402 (a) of the Government Code authorizes the Planning
Commission to determine whether the location, purpose, and extent of
the proposed disposition of real property is consistent with the General
Plan.
F. That the general plan conformity determinations required by Government
Code Section 65402(a) are not "projects" requiring environmental review
pursuant to the California Environmental Quality Act,
Il. The Planning Commission hereby determines that the location, purpose, and
extent of the disposition of Lots 2 and 5-10 of Tract 18197 to Brookfield
Residential for the development of 400 residential condominium units, a
community facility and other neighborhood amenities is in conformance with the
approved General Plan.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting held on the 12th day of November, 2019.
Amy 0a#a'k...
Chairperson
ELIZABETH A, BINSACK
Planning Commission Secretary
Resolution No. 4394
Page 3
STATE 01 CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4394 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
12th day of November, 2019.
PLANNING COMMISSIONER AYES: Chu, Gallagher, Jha, Kozak,, Mason (5)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
LIZABETH A. BINSACK
Planning Commission Secretary
I
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RESOLUTION NO. 4396
A RESOLUTION OF THE . PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE
TUSTIN CITY COUNCIL APPROVE DEVELOPMENT
AGREEMENT 2019-00001, TENTATIVE TRACT MAP 19103,
AND DESIGN REVIEW 2019-00009 FOR THE DEVELOPMENT
OF 400 RESIDENTIAL CONDOMINIUM UMTS ON LOTS 2 and
5-10 OF TRACT 18197 WITHIN PLANNING AREA 8, 13 and 14
OF NEIGHBORHOOD D OF THE TUSTIN LEGACY SPECIFIC
PLAN.
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 has been submitted by Brookfield Homes Southern
California LLC for the development of 400 for -sale residential condominium
units, a community facility and other neighborhood amenities on Lots 2 and
5-10 of Tract 18197, currently owned by the City of Tustin within Planning
Areas 8, 13 and 14 of the Tustin Legacy Specific Plan.
B, That the development application includes the following requests:
1. Development Agreement (DA) 2019-00001 to facilitate the development
and conveyance of an approximate 25.4 -acre site within the boundaries
of MCAS Tustin Specific Plan.
2. Tentative Tract Map (TTM) 19103 to subdivide an approximately 25.4 -
acre site into seventy-three (73) numbered lots and ten (10) lettered lots
for the development of 400 residential condominium units, a community
recreation facility, park and open space areas, and other neighborhood
amenities.
3. Design Review (DR) 2019-00009 for the design and site layout of a
residential condominium community including 117 single family detached
units, 129 townhomes, 154 flats and townhomes, a community facility,
and other neighborhood amenities.
C. That the site is zoned as Tustin Legacy Specific Plan (SP 1) within Planning
Areas 8, 13 and 14 of Neighborhood D; and designated as Tustin Legacy
Specific Plan by the Tustin General Plan. 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.
Resolution No. 4395
Page 2
D. That Tustin Legacy Specific Plan Section 4.2.7 requires all private
development at Tustin Legacy to obtain a DA in accordance with Section
65864 et seq, of the Government Code and Sections 9600 to 9619 of the
TCC. In compliance with Tustin City Code (TCC) Section 9611, the Tustin
Planning Commission must make a recommendation on the proposed DA to
the City Council. The DA can be supported by the following findings:
1. The project is consistent with the objectives, policies, general land uses
and programs specified in the General Plan and the Tustin Legacy
Specific Plan in that residential uses are permitted uses within Planning
Areas 8, 13 and 14 of Neighborhood D.
2. The project is compatible with the uses authorized in the district in
which the real property is located (Planning Areas 8, 13 and 14) in that
similar and compatible uses are envisioned within the close proximity of
the project site
3. The project is in conformity with the public necessity, public
convenience, general welfare, and good land use practices in that the
project would provide 400 various styles of new housing units for new
and existing Tustin residents thereby providing additional options of
housing types to the City's housing stock.
4. The project will not be detrimental to the health, safety, and general
welfare. The project will comply with the Tustin Legacy Specific Plan,
TCC, and other regulations to ensure that the project will not be
detrimental in any way.
5. The project will not adversely affect the orderly development of property
in that the proposed project is orderly, well designed, and equipped with
necessary infrastructure and amenities to support existing and future
residents and businesses in Tustin Legacy.
6. The project will have a positive fiscal impact on the City in that the
provisions of the proposed DA and conditions of approval will ensure
that the project will have a positive fiscal impact on the City.
E. As conditioned, the TTM 19103 will be in conformance with the Tustin
Area General Plan, Tustin Legacy Specific Plan, State Subdivision Map
Act and the City's Subdivision Code as follows:
That the site is located in Planning Area 8, 13 and 14 (Lots 2 and 5-
10 of Tract 18197) of the Tustin Legacy Specific Plan, which is
designated for Mixed -Use Urban within the Tustin Legacy Specific
Plan and that the proposed development as conditioned will be
Resolution No. 4395
Page 3
physically suitable for the type of development and proposed
density of development;
2. The subdivider will be required to provide funding towards the
project's fair share of Tustin Legacy Backbone Infrastructure
Program, which includes improvements that are required to serve
new development at Tustin Legacy, including but not limited to
roadway improvements; traffic and circulation mitigation to support
development at Tustin Legacy; domestic and reclaimed water;
sewer; telemetry systems; storm drains and flood control channels;
retention and detention systems, open space and public
recreational facilities and; utility backbone systems;
3. That the proposed subdivision would not have a new impact on
school district facilities within the Tustin Unified School District
(TUSD) or Santa Ana Unified School District (SAUSD) in that
school impacts for development were considered in the MCAS
Reuse Plan which identified school facility sites that will be
conveyed to the TUSD by the Federal Department of Education or
the City of Tustin to serve development of property at Tustin
Legacy. The Tustin Legacy Specific Plan, the Final Joint Program
Environmental Impact Statement/Environmental Impact Report
(FEIS/EIR), its supplements and addenda, and conditions of
approval of the proposed subdivision also require proof of payment
of appropriate school fees as adopted by the TUSD and SAUSD
prior to issuance of building permits in accordance with the City's
procedures;
4. That the design of the subdivision or the proposed improvements
are not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife in their habitat;
5. The proposed subdivision is not located within a 100 -year flood
plain according to the Federal Emergency Management Agency
map for the area (2009);
6. Adequate infrastructure to support buildout of the project,
construction of all public infrastructure and in -tract private drives
and utility systems is required within the initial phases of
development and in accordance with the approved phasing plan;
7. That section 2.3.4 of TLSP authorizes the City Engineer to approve
variations to the standard cross sections for certain roadways,
proposed within the subdivision;
Resolution No. 4395
Page 4
F. Pursuant to the Tustin Legacy Specific Plan and Section 9272 of the Tustin
Municipal Code, the Planning Commission finds that the location, size,
architectural features, and general appearance of the proposed
development 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 Commission has considered at least the
following items:
1. Height, bulk, and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors, and other openings.
6. Roof structures.
7. Location, height, and standards of exterior illumination.
8. Landscaping, parking area design, and traffic circulation.
9. Location and appearance of equipment located outside an enclosed
structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing structures in the
neighborhood.
12. Appearance and design relationship of proposed structures to existing
structures and possible future structures in the neighborhood and
public thoroughfares.
13. Development Guidelines and criteria as adopted by the City Council.
G. That the developer opted to install private drives in lieu of private streets
for internal circulation. This option has been reviewed and approved by
the Community Development Department, subject to provision of
additional safety measures such as stop signs with stop bars, mirrors, or
similar devices, subject to final review and approval by the Community
Development Department and the Building Official.
H. That the Community Development Director has considered and approved
deviations in the maximum building setback to allow for additional outdoor
open space uses and greater variation in the staggering of building faces
along the street. That the proposed deviations are consistent with the
intent of the established standards and the Tustin Legacy Specific Plan.
That the Community Development Director has considered and approved
off-street parking requirements for flats located within the metro building
where two -car tandem and one -car garages are proposed to allow for
increased flexibility in building design. Alternate required spaces have
been provided and are required to be maintained on-site.
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Resolution No. 4395
Page 5
J. That a public hearing was duly called, noticed, and held on said
I application on November 12, 2019, by the Planning Commission.
K. On January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report (FEIS/EIR)
for the reuse and disposal of MCAS Tustin, On December 6, 2004, the City
Council adopted Resolution No. 04-76 approving a Supplement to the
FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue
and the future alignment of Valencia North Loop Road. On April 3, 2006, the
City Council adopted Resolution No, 06-43 approving an Addendum to the
FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution
No, 13-32 approving a second Addendum to the FEIS/EIR, On July 5,
2017, the City Council adopted Resolution No, 17-23 approving a second
Supplement to the FEIS/EIR. The FEIS/EIR along with its Addenda and
Supplements is a program EIR Linder the California Environmental Quality
Act (CEQA), The FEIS/EIR, Addenda and Supplements considered the
potential environmental impacts associated with development on the former
MCAS, Tustin.
An Environmental Checklist attached hereto as Exhibit A has been
prepared and concluded that these actions do not result in any new
significant environmental impacts or a substantial increase in the severity of
any previously identified significant impacts in the FEIS/EIR. Moreover, no
new information of substantial importance has Surfaced since certification of
the FEIS/EIR.
The Planning Commission hereby adopts Resolution No. recommends that the
City Council approve DA 2019-00001, TTM 19103, and DR 2019-00009 (Lots 2
and 5-10 of Tract 18197), subject to the conditions attached hereto as Exhibit B.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 12th day of November, 2019.
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 4395
Page 6
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, Elizabeth A. Binsack, the undersigned,
Commission Secretary of the City of Tustin,
duly passed and adopted at a regular meeting
on the 12th day of November, 2019,
ELIZABETH A. BINSACK
Planning Commission Secretary
PLANNING COMMISSIONER AYES, -
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
11-� ----
ELIZABETH A. BINSACK
Planning Commission Secretary
hereby certify that I am the Planning
California; that Resolution No. 4395 was
of the Tustin Planning Commission, held
Chu, Calla her Jh.a,,.,. Kozak., Mason (3)
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EXHIBIT B
RESOLUTION NO. 4396
CONDITIONS OF APPROVAL
DEVELOPMENT AGREEMENT 2019-00001, TENTATIVE TRACT MAP 19103
AND DESIGN REVIEW 201900009
GENERAL
(1) 1.1 The proposed project shall be in compliance with the Tustin Legacy
Specific Plan, Tustin City Code, and City of Tustin Guidelines and
Standards and conform with submitted plans for the project date stamped
December 17, 2019 on file with the Community Development Department,
except 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 minor modifications to plans during plan
check if such modifications are consistent with the provisions of the Tustin
City Code, and other applicable codes.
(1) 1.2 Unless otherwise specified, the conditions contained In this Exhibit shall be
complied with as specified or prior to the issuance of any building permits
for the project, subject to review and approval by the Community
Development Department.
(1) 1.3 The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within twelve (12) months. All time extensions may be considered by the
Community Development Director if a written request is received within
thirty (30) days prior to expiration date.
(1) 1.4 Approval of project is contingent upon the applicant 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 comply with executed Development Agreement (DA)
2019-00001 and associated Disposition and Development Agreement
(DDA).
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Exhibit B
Resolution No. 4395
Page 2
*** 1.6 This approval shall become null and void if the DDA for the project is not
approved and executed.
*** 1.7 Project entitlement shall not be effective until the associated DDA is
approved and executed.
FINAL TRACT MAP
(1) 2.1 Preparation and recordation of a final subdivision map shall be required.
(1), 2.2 Final Maps shall be based on a field survey in conformity with the
(5) Professional Land Surveyor's Act. The survey of the land to be
subdivided shall be made by a registered civil engineer authorized to
practice land surveying or licensed land surveyor. All monuments,
property lines, centerlines of streets, alleys and easements adjoining or
within the subdivision shall be tied into the survey. The allowable error of
closure on any portion of the final map shall not exceed 1/10,000 for
field closures and 1/20,000 for calculated closures.
At the time of making the survey for the final map, the engineer or
surveyor shall set sufficient durable monuments to conform with the
standards described in Section 8771 of the Business and Professions
Code so that another engineer or surveyor may readily retrace the
survey. At least one (1) exterior boundary line shall be monumented
prior to recording the final map.
(5) 2.3 The applicant shall satisfy dedication and/or reservation requirements as
applicable, including, but not limited to, dedication in Fee Title of all
required street rights-of-way; and dedication of vehicular access rights,
sewer easements, and water easements defined and approved as to
specific locations by the City Engineer (at no cost to the City) and/or
other agencies.
(1), 2.4 Prior to recordation of the final map, the applicant is required to execute
(5) a subdivision and monumentation agreement and furnish improvement
and monumentation bonds, all on forms acceptable to the City.
(1) 2.5 Prior to issuance of building permits, the applicant shall submit an 8 %" x
11" street address map exhibit and an 8 % " x 11" meter 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) 2.6 Within twenty-four (24) months from tentative map approval, the
subdivider shall record with appropriate agencies, a final map prepared
in accordance with subdivision requirements of the Tustin Legacy
Specific Plan, Tustin Municipal Code, the State Subdivision Map Act,
Exhibit B
Resolution No. 4395
Page 3
and applicable conditions contained herein unless , an extension is
granted pursuant to the State Subdivision Map Act and the Tustin
Municipal Code. The Final Map shall be submitted at least ninety (90)
days prior to the expiration of the Tentative Map for review, processing,
and recording prior to the expiration of the Tentative Map. All conditions of
approval herein, as applicable, shall be satisfied prior to recordation of a
final map or as specified herein.
(1) 2.7 At the time of final map submittal, the applicant shall also submit two (2)
copies of an up-to-date title report generated within thirty (30) days of
submittal.
(1), 2.8 The applicant shall not oppose any future creation of a landscape and
(5) lighting district for maintenance within the public right-of-way or of public
parkland, or community facilities district for funding of Tustin Legacy
backbone infrastructure or municipal service provision to the project site,
or a future community facilities district for school purposes.
(1), 2.9 Applicant shall prepare irrevocable reciprocal access easements for
(5) emergency vehicle access and public services ingress and egress
purposes over the private drives and driveways, at no cost to the City,
and shall be recorded concurrently with the final map,
(1), 2.10 Applicant shall release and relinquish to the City of Tustin all vehicular
(5) access rights along Airship Avenue, Flight Way, Street "B", "C", "D", "E",
and "H", except at approved access locations and street intersections, at
no cost to the City, on the Map.
(1), 2.11 Applicant shall dedicate a perpetual easement at no cost to the City for
(5) the benefit of the City and the public providing public access in, on, over,
and across the Publicly Assessible Common Area as described in the
Development Agreement.
BUILDING PLAN SUBMITTAL
(1), 3.1 At the time.. of building permit application, the. plans shall comply with the
(3) latest edition of the California Residential Code, California Building
Code, California Mechanical Code, California Electrical Code, California
Plumbing Code, California Green Code, California Energy Code, City
Ordinances, State, Federal laws, and regulations as adopted by the City
Council of the City of Tustin,
(1), 3.2 All private on-site design and construction of improvement work shall be
(5) designed and performed in accordance with the applicable portions of
the City of Tustin's "Grading Manual" and "Construction Standards for
Private Streets, Storm Drain and On -Site Private Improvements," except
as otherwise approved by the Building Official. Said plans shall include,
Exhibit B
Resolution No. 4395
Page 4
but not be limited to, the following:
a. Curbs and gutters on all streets;
b. Sidewalks on all streets, including curb ramps 'for the physically
disabled; all sidewalks, pathways, paseos, and trails shall comply
with the provisions of the American with Disabilities Act;
c. Drive aprons;
d. Signing/striping plan;
e. Street lighting;
f. Street and drive aisle paving; all private streets, drive aisles, and
curb return radius shall be consistent with the City's design
standards for private street improvements, unless otherwise
approved by the Building Official, and all roadway and driveway
widths and parking area widths (and lengths where appropriate)
shall be dimensioned on the plans;
g. Catch basin/storm drain laterals/connections to the public storm
drain system with approval of the City of Tustin;
h. Domestic water facilities and reclaimed water facilities: The
domestic water system shall be designed and installed to the
standards of the Irvine Ranch Water District. Improvement plans
shall also be reviewed and approved by the Orange County Fire
Authority for fire protection purposes. The adequacy and
reliability of the water system design and the distribution of fire
hydrants will be evaluated. The water distribution system and
appurtenances shall also conform to the applicable laws and
adopted regulations enforced by the Orange County Health
Department. Any required reclaimed water system shall meet the
standards as required by the Irvine Ranch Water District (IRWD);
L Sanitary sewer facilities: All sanitary sewer facilities must be
submitted as required by the Building Official and IRWD. These
facilities shall be consistent with the standards of the Irvine Ranch
Water District;
j. Underground utility connections: All utility lines shall be placed
underground by the developer;
k. Fire hydrants;
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Exhibit B
Resolution No. 4395
Page 5
I. Telecommunications facilities including, but not limited to,
telephone and cable television facilities. Developer is required to
coordinate design and construction of cable television facilities
with a City -franchised system operator and shall not place an
undue burden upon said operator for the provision of these
facilities.
m. The applicant shall be responsible for connection of the project to
new backbone utility systems. The applicant shall provide
applicable easements for any new utilities on private property.
(5) 3.3 Storage area shall be provided within each unit (enclosed) in the amount
of 50 SF minimum for storage facilities. Total square footage shall be
identified on plans for each unit at plan check submittal.
*** 3.4 Maximum building setbacks, may be increased if approved by the
Community Development Director and shown on the approved project
plans.
*** 3.5 Internal circulation shall be evaluated throughout the project site for sight
visibility, subject to review and approval of the Building Official. Addition
of stop signs with stop bars, mirrors, or similar devices may be required
to meet sight visibility requirements.
*** 3.6 Developer shall provide an Employee Parking Plan in conjunction with
construction phasing plan(s) to the Community Development
Department for review and approval.
(1), 3.7 The applicant shall provide accessible routes, per CBC 2016 chapter
(3) 11 B- 206, at site arrival points and within the site, as amended to reflect
latest edition of CBC adopted by the City of Tustin.
(3) 3.8 Maximum area of exterior wall openings shall be based on CBC table
705.8 based on fire separation distance.
(3) 3.9 New construction shall comply with California Green Building, sections
4.206.4.1 and 4.106.4.2 to facilitate future installation and use of EV
chargers. Electrical Vehicle Supply Equipment (EVSE) shall be installed
in accordance with California Electrical Code, Article 625. For each
dwelling unit install a listed raceway to accommodate a 2081240 V
branch circuit. In addition, 3 percent of the total guest parking spaces
but not less than one shall be EV spaces capable of supporting future
EVSE.
(3) 3.10 The buildings shall comply with California Energy Code, section 110.10,
Mandatory Requirements for Solar Ready Buildings.
Exhibit B
Resolution No. 4395
Page 6
(5) 3.11 Adequate infrastructure to support buildout of the project, construction of
all public infrastructure, in -tract private drives, and utility systems shall
be constructed within the initial phases of development and i.n
accordance with the approved phasing plan.
(1), 3.12 Prior to the issuance of building permits, the applicant shall submit for
(5) review and approval a photometric lighting plan showing compliance
with the Tustin Security Code, which is:
,a. A maintained minimum one (1) footcandle of light on the private
drives and parking surfaces.
b. A maintained minimum of one-quarter (0.25) footcandle of light
on the walking surfaces.
3.13 The lighting plan shall be overlaid onto a tree plan to ensure coverage.
(1), 3.14 At plancheck submittal, the applicant shall show that the project is in
(5) compliance with TCC Section 8104(r) regarding "Emergency responder
radio coverage," as amended in Ordinance No. 1475. Prior to issuance
of the Certificate of Occupancy, the applicant/developer shall provide
evidence that the project is in compliance with TCC Section 8104(r), as
amended.
(1), 3.15 At plan check submittal, a complete hydrology study and hydraulic
(5) calculations shall be submitted to the City for review and approval.
(1), 3.16 The applicant shall provide a Geotechnical Report, Pavement Analysis,
(5) and Design Report for all required Tustin Legacy Backbone
Infrastructure, Local Infrastructure and Private Infrastructure
improvements required in the Tentative Tract Map.
DESIGN AND ARCHITECTURE
(4) 4.1 At building plan check, building elevations visible from public streets
shall have enhanced elevations consistent with the approved DR 2019-
00009 in terms of color and material, architectural articulation and
architectural projections, etc. to the satisfaction of the Community
Development Department.
(1) 4.2 All exterior colors, textures and materials shall be consistent with the
approved Design Review. Specifications on colors, materials, and
textures shall be noted in construction plans and subject to review and
approval by the Community Development Department.
Exhibit B
Resolution No. 4395
Page 7
**� 4.3 Final material samples and colors shall be provided at plan check
submittal.
(1), 4.4 All mechanical and electrical fixtures and equipment, including roof -top
(4) equipment, shall be adequately and decoratively screened. The screen
shall be included as an element of the overall design of the project and
blend with architectural design of the building, All telephone and
electrical boxes shall be identified on the construction plans. Electrical
transformers shall be located toward the interior of the project to
minimize visual impacts and screened by adequate landscaping or other
effective screening devices.
(1) 4.5 Walls shall be a maximum of three (3) feet within front yard setback and
a maximum of three (3) feet six (6) inches within front yard area
measured from property line to building face along all public streets and
along the Promenade (Alley Grove).
(4) 4.6 Roof drains and downspouts shall be directed towards internal drive
aisles and be minimally visible from the public streets.
*** 4.7 The applicant shall submit a master sign plan for City review and
approval. The master sign plan shall incorporate a design theme
compatible with the building architecture and Tustin Legacy branding,
and include directional and wayfinding signs.
(1), 4.8 Signage monumentation, if any, identifying the residential community
(5) tract shall include the words "At Tustin Legacy" for continuity of the
Tustin Legacy branding, as applicable.
(1) 4.9 Signage shall be installed under separate permit and approval.
LANDSCAPEMARDS CAPE
(6) 5.1 At plan check, the applicant shall provide complete detailed landscaping
and irrigation plans for all landscaping areas, including the model
complex, consistent with adopted City. of Tustin Landscaping
requirements. The plans shall include the following,
a. Include a summary table identifying plant 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.
Exhibit B
Resolution No. 4395
Page 8
c. Show all property lines on the landscaping and irrigation plans
public right-of-way areas, sidewalk widths, parkway areas, and wali
locations.
d. Shrubs should be a minimum of five (5) gallon size and 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.
e. Ground cover shall be planted eight (8) to twelve (12) inches on
center, or as approved by the Community Development
Department.
Equipment areas shall be screened with walls, vines, and/or trees,
subject to review and approval of the Community Development
Department.
g. 'Landscape adjacent to the single family detached units, shall be
designed to have layers in vegetation height to effectively screen
the 5 foot 6 inch high privacy walls.
h. On-site walls and fences shall be noted on the plans with specific
materials, colors, and decorative treatments. Interior wall/fences
shall be made of durable materials subject to review and approval
of the Community Development Department.
(1) 5.2 The Community Development Department may request minor
substitutions of plant materials or request additional sizing or quantity of
materials during plan check.
(5) 5.3 The landscape plans shall note that coverage of landscaping and
irrigation materials is subject to inspection at project completion by the
Community Development Department.
(4) 5.4 Landscape layering of varying heights shall be provided in front of the
proposed 5 foot 6 inch high stucco walls for the Single -Family Detached
homes, subject to the review and approval of the Community
Development Department.
(1), 5.5 Turf is unacceptable for grades over 25 percent. A combination of
(6) planting materials shall be used. On large areas, ground cover alone is
not acceptable.
(1), 5.6 All plant materials shall be installed in a healthy vigorous condition
(6) 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
1
Exhibit B
Resolution No, 4395
Page 9
diseased or dead plants.
(1) 5.7 Landscape adjacent to the right-of-way shall be in compliance with the
requirements of Tustin Legacy Specific Plan.
(6) 5.8 Trees in the landscape setbacks adjacent to public rights-of-way shall be
provided in a variety of sizes to ensure initial maturity along project
perimeter.
(1), 5.9 The project shall comply with the City's Water Efficient Landscape
(5) Ordinance and any Executive Orders issued from the Governor of the
State of California pertaining to water conservation and irrigation
methods:
(1), 5.10 Backflow devices and double detector checks shall be painted to match
(4) 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.
ORANGE COUNTY FIRE AUTHORITY (OCFA)
(5) 6.1 Prior to OCFA clearance of a final map, the applicant shall:
a. Submit a Fire Master Plan for OCFA review and approval. (Service
Code PR145)
b. Submit a Final Tract Map for OCFA review and approval. (Service
Code PR115)
c. Submit temporary fire access plans for OCFA review and approval
if phasing fire access during construction. (Service Code PR150)
(5) 6.2 Prior to issuance of a building permit, the applicant shall:
a. Submit plans for gates if not included in the fire master plan. (Service
Code PR180)
b. Submit plans for fire service underground if NFPA 24 system is
installed. (Service Code PR470)
c. Submit architectural plans for OCFA review and approval. (Service
Code PR264-268)
(5) 6.3 Prior to concealing interior construction, the applicant shall obtain OCFA
approval for the fire sprinkler system. (Service Code PR400-PR406)
Exhibit B
Resolution No. 4395
Page 10
(5) 6.4 Prior to concealing interior construction, the applicant shall obtain OCFA
approval for the fire alarm and sprinkler monitoring. (Service Code
PR500-PR520)
(5) 6.5 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 at (714) 573-6150.
(6) 6.6 After installation of required fire access roadways and hydrants, the
applicant shall request and receive clearance from the OCFA prior to
bringing combustible building materials on-site. Call OCFA Inspection
Scheduling at (714) 573-6150 with the Service Request number of the
approved fire master plan at least five (5) days in advance to schedule
the lumber drop inspection.
USE RESTRICTIONS
*** 7.1 The project shall include 400 units including: 117 single family detached,
129 tri-plex townhomes, 154 flats and townhome units, a private
community recreation facility, and open space areas that are privately
owned but accessible to the public as depicted in the approved site plan.
*** 7.2 Power receptacles shall be provided at the community facility including
the swimming pool and barbeque areas.
(4), 7.3 All parking spaces within the project site shall be maintained as shown
*** on the approved "Site Plan". Any changes to the number, location, or
size of parking spaces shall be reviewed and approved by the Director
of Community Development. A Parking Enforcement Policy shall be
established and enforced by the Home Owners Association.
*** 7.4 There shall be a minimum seventy (70) unassigned surface parking
spaces within the development to satisfy parking requirements for the
seventy (70) metro flats units designed with tandem garage spaces.
These unassigned surface parking spaces shall be permanently
maintained at the development site.
*** 7.5 There shall be a minimum fourteen (14) assigned surface parking spaces
within the development to satisfy parking requirements for the fourteen
(14) metro flats units designed with an extended one -car garage space.
These assigned surface parking spaces shall be permanently
maintained at the development site. Assignment shall be addressed in
Parking Management Plan, subject to review and approval by the
Community Development Department.
Exhibit B
Resolution No. 4395
Page 11
't** 7.6 Individual trash bin service may be provided on the site. Trash bins shall
be placed only in the locations identified on the approved "Trash Pick-up
Plan" after 7:00 a.m. on the regularly scheduled trash collection day and
shall be removed by 7:00 p.m. on the same day.
(1) 7.7 Any outdoor storage during grading or building stages shall be approved
by the Community Development Director.
(1) 7.8 Unless otherwise agreed by the City in its sole discretion, the property
within the tract or any street or sidewalk or drive (alleyway) thereon shall
not be privately gated; provided however, that any swimming pool and/or
spa facility within the community facility area and any private indoor
common area improvement, including any clubhouse and bathrooms,
may be gated or locked and made available solely to residents of the
Project and their guests.
(5) 7.9 Design and construction of all on-site and off-site developer required
public infrastructure and in -tract private streets and utility systems shall
be constructed within the initial phase of development in accordance
with the approved Phasing Plan. Model units may be constructed prior
to completion of infrastructure if adequate ingress and egress is
provided to the satisfaction of the Building Official and Orange County
Fire Authority.
NOISE
(1) 8.1 At plan check, an updated noise analysis shall be provided to ensure
compliance with the Tustin Noise standards.
*** 8.2 In accordance with the noise analysis, all units shall be constructed with
appropriate sound attenuation to achieve the minimum noise level
standards pursuant to the City's Noise standards. Prior to issuance of
Certificate of Occupancy, the units shall by analyzed and certified for
compliance with the City's Noise standards.
WATER QUALITY MANAGEMENT PLAN
(1), 9.1 This development shall comply with all applicable provisions of the City
(5) of Tustin Water Quality Ordinance and all Federal, State and Regional
Water Quality Control Board rules and regulations.
(1) 9.2 Prior to issuance of any permits, the applicant shall submit for approval
by the Community Development and Public Works Departments, a Final
Water Quality Management Plan (WQMP). The Priority WQMP shall
identify: the implementation of Best Management Practices (BMPs), the
assignment of long-term maintenance responsibilities (specifying the
developer, parcel owner, maintenance association, lessees, etc.), and
Exhibit B
Resolution No. 4395
Page '12
reference to the location(s) of structural BMPs.
(1) 9.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of
$2,700.00 to the Public Works Department for the estimated cost of
reviewing the WQMP.
(1) 9.4 Prior to issuance of any permits, except a rough grading permit, the
applicant shall record a "Covenant and Agreement Regarding rding Operation
and Maintenance (0 & M) Plan to Fund and Maintain Water Qual€ty
BMPs, Consent to Inspect and Indemnification. This document shall
bind current and future owner(s) of the property regarding
implementation and maintenance of the structural and non-structural
BMPs as specified in the approved WQMP.
(1) 9.5 Developer shall design and construct the water quality treatment facility
along Flight Way on Lot A of the Developer Map to accept and treat
stormwater runoff from the public City streets as identified in the Water
Quality Management Plan (WQMP) BMP Drainage Management Area,
An irrevocable offer of dedication in fee over the Water Treatment area
to the benefit of the City shall be dedicated on the Developer Map.
(1) 9.6 Prior to issuance of a Grading Permit, the applicant shall submit a copy
of the Notice of Intent (NO1) indicating that coverage has been obtained
under the National Pollutant Discharge Elimination System (NPDES)
State General Permit. for Storm Water Discharges Associated with
Construction Activity from the State Water Resources Control Board.
PUBLIC BENEFITS IMPROVEMENTS
*** 10.1 Prior to approval of the Final Map, the developer shall design sidewalk,
parkway landscape and irrigation system adjacent to the project site
along Airship Avenue, Flight Way, Street "B", "C", "D", "E", and "H". The
Street "D" sidewalk adjacent to the Project shall extend to the corner of
Tustin Ranch Road. Developer shall also design and construct
landscape and irrigation improvements within the street bulb -out
planters adjacent to the Project along the aforementioned streets as
shown/required in Development Agreement 2019-00001. The
construction of sidewalks, Publicly Accessible Common Area
Improvements, parkway and street bulb -out planters, and landscape and
irrigation system shall be completed in accordance with the Schedule of
Performance in the DDA.
*** 10.2 Developer shall design and construct public sidewalks along both sides
of Flight Way from Armstrong Avenue to Street "B;" and, the southside
of Airship Avenue from Armstrong Avenue to Street "B".
Exhibit 8
Resolution No. 4395
Page 13
*** 10.3 Developer shall perform the maintenance, repair, and, replacement of
the landscaping described within the Boundary Landscape Area exhibit
and the Publicly Accessible Common Area exhibit as shown/required in
Development Agreement 2019-00001.
*** 10.4 Developer shall construct the Publicly Accessible Common Area
Improvements depicted in Development Agreement 2019-00001.
*** 10.5 Developer shall rough grade the City Streets Grading Area depicted in
Development Agreement 2019-00001.
*** 10.6 Developer shall rough grade the Promenade (Alley Grove) located on
Lot 1 of the City Map (TTM No. 18197) and depicted in Development
Agreement 2019-00001.
*** 10.7 Developer shall provide a detailed landscape improvement exhibit in
conjunction with the Landscape and Water Treatment Installation and
Maintenance Agreement,
PUBLIC STREET IMPROVEMENTS
(1') 11.1 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) 11.2 Prior to issuance of an Encroachment Permit for construction within the
public right-of-way, a 24" x 36" construction area traffic control plan, as
prepared by a California Registered Traffic Engineer, or Civil Engineer
experienced in this type of plan preparation, shall be prepared and
submitted to the Public Works Department for approval
(1) 11.3 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.
(1) 11.4 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.
(1) 11.6 Developer shall enter Into a Landscape Installation and Maintenance
Agreement with the City of Tustin for the construction, maintenance,
repair, and replacement of the landscaping described in the
Development Agreement for the maintenance of parkway improvements
within public rights-of-way adjacent to the project along Airship Avenue,
Exhibit B
Resolution No. 4395
Page 14
Flight Way, Street "B", "C", "D", "E", and "H". A detailed parkway
improvement exhibit shall be provided for the agreement.
(1) 11.6 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.
ENVIRONMENTAL
(1), 12.1 The developer shall comply with all mitigation measures related to the
(5) project that are required by the Mitigation Monitoring Program for the
Tustin Legacy Specific Plan (MCAS Tustin) area, identified in this exhibit
and in other related project entitlements, shall be implemented.
Additional measures related to development of this project as noted in
the adopted EIS/EIR and are not previously identified in this exhibit as a
condition of approval are required as follows:
a. Prior to issuance of any permits, the developer shall retain a
County -certified archaeologist. If buried resources are found during
grading within the reuse plan area, a qualified archaeologist would
need to assess the site significance and perform the appropriate
mitigation. The Native American viewpoint shall be considered
during this process. This could include testing or data recovery.
Native American consultation shall also be initiated during this
process.
b. The developer shall comply with the requirements established in a
Palentological Resource Management Plan (PRMP) prepared for
the site, which details the methods to be used for surveillance of
construction grading, assessing finds, and actions to be taken in
the event that unique paleontological resources are found.
c. Prior to the issuance of any permit, the applicant shall provide
written evidence to the Community Development Department that a
County -certified paleontologist has been retained to conduct
salvage excavation of unique paleontological resources if they are
Exhibit B
Resolution No. 4398
Page 18
found.
d. Prior to issuance of any permit, the developer shall provide traffic
operations and control plans that would minimize the traffic impacts
of proposed construction activity. The plans shall address roadway
and lane closures, truck hours and routes, and notification
procedures for planned short-term or interim changes in traffic
patterns. Such plans shall minimize anticipated delays at major
intersections. Prior to approval, the City of Tustin shall review the
proposed traffic control and operations plans with any affected
jurisdiction.
e. The applicant shall comply with all City policies regarding short-
term construction emissions, including periodic watering of the site
and prohibiting grading during second stage smog alerts and when
wind velocities exceed fifteen (15) miles per hour.
The developer shall coordinate with the Tustin Police Department
to ensure adequate security provisions are implemented.
g, Prior to the issuance of permits for any public improvements or
development project, a development applicant shall submit to the
City of Tustin information from IRWD which outlines required
facilities necessary to provide adequate potable water and
reclaimed water service to the development.
h. Prior to the issuance of permits for any public improvements or
development project, a development applicant shall submit to the
City of Tustin and City of Irvine, as applicable, information from
IRWD or the City of Tustin which outlines required facilities
necessary to provide adequate sanitary sewage service to the
development.
COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES
(5) 13.1 Developer shall obtain permission from and coordinate with affected
property owners, jurisdictions, and resource agencies for all public and
private improvements, including, but not limited to, the following:
a. Prior to any work in the public right-of-way, an Encroachment
Permit shall be obtained and applicable fees paid to the Public
Works Department.
b. The applicant shall obtain written approval and/or permits from the
applicable utility companies, including but not limited to Southern
California Edison, The Gas Company, Irvine Ranch Water District
(IRWD), AT&T, Cox Communications, Time Warner, etc,
Exhibit B
Resolution No, 4395
Page 16
c. The- applicant shall coordinate the design and construction of all
utilities with the utility providers and the City.
*** 13.2 At plan check submittal, the developer shall coordinate with the Tustin
Police Department to ensure that adequate security precautions such as
visibility, lighting, emergency access, and address signage are
implemented. Prior to the issuance of building permits, the applicant
shall submit to the police department for review and approval, a
wayfinding plan for the project site.
SOLID WASTE RECYCLING
(1) 14.1 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 al) to recycle at least 65 percent of the project
waste material or the amount required by the California Green
Building Standards Code.
b. The applicant will be required to submit a $50.00 application
fee and a cash security deposit. All projects shall submit a
security deposit in the amount of 5 percent of the project's
valuation as determined by the Building Official, rounded to the
nearest thousand.. The minimum deposit amount shall be
$500.00 and the maximum deposit amount shall be $2,500.00.
(1) 14.2 Facility Solid Waste Collection and Recycling Plan.
a. The applicant, property owner, and/or tenant(s) are required to
participate in the City's recycling program.
b. Waste and Recycling collection facilities shall be equally and
readily accessible by the property owner(s) or tenant(s).
c. Waste and Recycling collection facilities must be placed in a
location that can be easily and safely accessed by the solid
waste hauler while utilizing either front loader or side loading
equipment.
d. All trash enclosures shall be designed with roof and be able to
accommodate at least three (3) bins, with at least one (1) bin
reserved for recyclable materials and one (1) bin reserved
organic waste. Space for a container for organics is also
required as described in Section 14.2F below.
Exhibit 6
Resolution No. 4395
Page 17
e. Prior to the approval of a site plan or the issuance of a building
permit, the Public Works Department shall review and approve
the number of trash enclosures required to service the project
site.
f. All developments are required to provide space for the
collection of organic materials. Organics are collected in a
minimum of 35 -gallon wheeled carts for the single-family units
and/or units that function as single family units and a minimum
of 65 -gallon wheeled carts are required for areas where
collection containers are shared by multiple units. The size of
the organics container will be dependent upon the use and size
of the building. Where collection containers are shared,
organics can be collected six (6) days per week to minimize the
space required for a container.
COVENANTS, CONDITIONS, AND RESTRICTIONS
(1), 15.1 All organizational documents for the project including any covenants,
(5) conditions, and restrictions (CC&Rs) shall be submitted to and approved
by the Community Development Department, City Attorney's Office, and
Special Counsel. Costs for such review shall be borne by the subdivider.
The approved CC&Rs shall be recorded with County Recorder's Office
prior to issuance of the first certificate of occupancy. A copy of the final
documents shall be submitted to the Community Development
Department within five (5) days after recordation.
(1), 15.2 No Certificate of Occupancy shall be issued, unless a homeowners
(5) association has been legally formed with the right to assess all these
properties which are jointly owned or benefited to operate and maintain
all other mutually available features of the development including, but not
limited to, open space, amenities, landscaping, or slope maintenance
landscaping, private streets, and utilities. No dwelling unit shall close
escrow unless all approved and required open space, amenities,
landscaping, or other improvements, or approved phases thereof, have
been completed or completion is assured by a development agreement
or financing guarantee method approved by the City. 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.
Exhibit B
Resolution No. 4395
Page 18
c. Provisions for effective establishment, operation, management,
use, repair, and maintenance of all common areas and facilities,
Landscaped areas and lots, walls and fences, private roadways (i.e.,
walks, sidewalks, trails), common recreation facilities, and open
space areas.
d. Membership in the homeowners association shall be inseparable
from ownership in individual units,
e. Architectural controls shall be provided and may include, but not be
limited to, provisions regulating exterior finishes, roof materials,
fences and walls, accessory structures such as patios, sunshades,
trellises, gazebos, awnings, exterior mechanical equipment,
television and radio antenna, consistent with the Tustin City Code
and the Tustin Legacy Specific Plan.
f. 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, free of bare or brown spots, debris,
and weeds. All trees and shrubs shall be trimmed so they do
not impede vehicular or pedestrian traffic. Trees shall be
pruned so they do not intrude Into neighboring properties and
shall be maintained so they do not have droppings or create
other nuisances to neighboring properties. All trees shall also
be root pruned to eliminate exposed surface roots and damage
to sidewalks, driveways, and structures.
2. All private roadways, sidewalks, and open space areas shall be
maintained so that they are safe for users. Significant
pavement cracks, pavement distress, excessive slab settlement,
abrupt vertical variations, and debris on travel ways should be
removed or repaired promptly.
3. Common areas, private patios, balconies and decks shall be
maintained in such a manner as to avoid the reasonable
determination of a duly authorized official of the City that a
public nuisance has been created by the absence of adequate
maintenance such as to be detrimental to public health, safety,
or general welfare.
g. Homeowners Association approval of exterior improvements
requiring a building permit shall be obtained prior to requesting a
building permit from the City of Tustin Community Development
Exhibit B
Resolution No. 4395
Page 19
Department. All plans for exterior improvements shall conform to
requirements set forth by the City and the CC&Rs.
h. Private open space areas within the common area shall be
illustrated on a "Private Open Space Exhibit" and shall be made
part of the CC&Rs and shall specify those portions of the common
open space area that are allocated for private use and public use
and access rights in perpetuity.
A site plan showing the public portion of the open space and
associated public easements that will be accessible to the public
and provisions for maintenance of these areas by the Homeowners
Association.
j. The approved "Parking and Circulation Exhibit" shall be made part
of the CC&Rs and shall be enforced by the homeowners
association. In addition to the exhibit, provisions regarding parking
shall be included in the CC&Rs, including the following:
1. All units are required to maintain a two -car garage, less those
established with a one -car garage where a one -car garage shall
be maintained.
2. A minimum of 156 open parking spaces shall be made
permanently available. Of the 156 spaces, a minimum of
seventy-two (72) unassigned guest parking spaces shall be
permanently maintained in locations shown on the "Parking and
Circulation Exhibit". A minimum of seventy (79) unassigned
surface parking spaces shall be permanently allocated to the
flats units with tandem garage spaces and a minimum of
fourteen (14) assigned surface parking spaces shall be
permanently allocated to the flats units with single car garages.
The head -in (90 degree) parking spaces shall have minimum
dimensions of 9 feet wide and 19 feet long.
3. Residents shall not store or park any non -motorized vehicles,
trailers or motorized vehicles that exceed 7 feet high, 7 feet
wide, and 19 feet long in any parking space, driveway, or private
street area except for the purpose of loading, unloading, making
deliveries or emergency repairs except that the homeowners
association may adopt rules and regulations to authorize
exceptions.
4. Residents shall park vehicles in garage spaces. Storage of
personal items may occur in the garages only to the extent that
vehicles may still be parked within the required garage spaces.
Exhibit s
Resolution No, 4395
Page 20
5. The homeowners association shall be responsible for
monitoring and enforcing all parking and traffic regulations on
private drives. The proposed CC&Rs shall include provisions
requiring the association to develop and adopt an enforcement
program for parking and traffic regulations within the
development which may include measures for fire access and
enforcement by a private security company.
k. Provisions for enforcing individual trash bin placement at
designated curb areas as shown on the approved "Trash Pickup
Plan" no earlier than 7:00 a.m. on the day regularly scheduled
collection day and removed by7:00 p.m. on the same day.
I. Maintenance of lettered and numbered Lots containing all common
areas, public and private open space, streets, alleys, paseos, etc.,
shall be by the homeowners association.
m. Television and radio antennas shall be installed in accordance with
the requirements of the Tustin City Code.
n. All utility services serving the site shall be Installed and maintained
underground.
o. 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.
p. 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.
q. 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 perimeter wall, shall
be permitted without the prior written approval of the City of Tustin
Community Development Department.
Exhibit B
Resolution No. 4395
Page 21
HOMEBUYER NOTIFICATION
(5) 16.1 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 the notifications listed
below. The notification document shall be signed by each homebuyer
prior to final inspection and/or occupancy, and a copy of the 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 for roadway, trail, and train noise that may impact the
subdivision, including roadway noise associated Tustin Ranch
Road. The notice shall indicate that additional building upgrades
may be necessary for noise attenuation. This determination is to be
made as architectural drawings become available and/or where
field-testing determines inadequate noise insulation.
b. A notice, to be reviewed by the City of Tustin, Tustin Unified School
District and the Santa Ana Unified School District, regarding the
location of existing and proposed elementary, middle, and high
schools which will serve the subdivision (text and map) and advice
to homebuyers that proposed school sites may never be
constructed.
c. A notice regarding units that are adjacent to aboveground utilities or
structures (such as light standards, fire hydrants, transformers)
identifying the type of structure and their locations.
d. A notice indicating that any use of a residence for a business shall
be subject to the City's Horne Occupation Ordinance and may
require zoning clearance and a business license.
e. A notice indicating that public use of portions of the common open
space will be allowed and noting public ingress and egress through
the subdivision will be provided for access to the common open
space.
f. A notice explaining the easements, facilities, amenities, and
dedications that will be provided on lettered lots and indicating all
on-site drives, paseos, and common areas are to be maintained by
the homeowners association.
g. A notice, to be approved by the City Attorney, indicating that neither
the site, nor the project nor any part thereof any private drive or
sidewalk, alleyway, or paseo thereon shall be privately gated,
provided however that any swimming pool and/or spa facility within
the private common area, and any private indoor common area
Exhibit 8
Resolution No. 4395'
Page 22
improvements, including any bathrooms, may be gated or locked
and made available solely to residents of the project and their
guests.
h. A notice stating trash bins shall be placed in designated curb areas
as shown on the approved "Trash Pick-up Plan" after 7:00 a.m. on
the regularly scheduled trash collection day and shall be removed
by 7:00 p.m. on the same day.
L A notice indicating that surrounding properties may be developed in
accordance with City ordinances in a manner which may partially or
totally obstruct views from the owner's unit and that the City of
Tustin makes no claim, warranty, or guarantee that views from any
unit will be preserved as development of surrounding properties
occurs.
j. A notice indicating the minimum building setbacks and that
construction of patio covers, trellises, fences and walls, etc. may
not be allowed.
k. A notice explaining and providing a copy of the approved "Parking
Plan" and related CC&R provisions.
I. A notice explaining the phasing of construction within the
subdivision and that activity may be disruptive.
m. The developer shall notify all homebuyers that future
Assessment/Maintenance Districts may affect the property.
n. A notice stating that walls shall be a maximum of three (3) feet
within front yard setback and a maximum of three (3) feet six (6)
inches within front yard area along all public streets and along the
Promenade (Alley Grove).
o. A notice stating that common area landscaping installation and
maintenance is an ongoing effort and that multiple factors may
influence the appearance and perceived health of the plants.
p. A notice for potential aircraft noise that may impact the subdivision.
q. A notice stating the location and operation of a waste/recycling
facility within the vicinity, in the adjacent City of Irvine, and odors
may be perceptible.
(5) 16.2 For residential units that are not sold at the time the Certificate of
Occupancy is issued, the developer shall submit to the City a copy of the
signed homebuyer notification within ten (10) business days of the
1
1
'Exhibit B
Resolution No. 4395
Page 23
homebuyer having signed the document.
FEES
(1) 17.1 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.
(1), 17.2 Prior to issuance of each permit, payment shall be made of all applicable
(5) fees, including but not limited to, the following.
a. Building plan check and permit fees to the Community Development
Department.
b. Engineering plan check and permit fees to the Public Works
Department.
c. Orange County Fire Authority plan check and inspection fees to the
Community Development Department.
d. 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.
e. Water and sewer connection fees to the Irvine Ranch Water
District.
f. For permits issued prior to January 1, 2020, Transportation System
Improvement Program (TSIP), Benefit Area "B" fees in the amount of
$3.31 per square foot or the most recent rate of new or added gross
square floor area of construction or improvements to the Community
Development Department.
g. New development tax fee in the amount of $350.00 per unit.
Exhibit B
Resolution No. 4395
Page 24
h. School facilities fee in the amount as required by Tustin Unified
School District and the Santa Ana Unified School District.
i. Other applicable Tustin Legacy Backbone Infrastructure Program
fees,
Payment shall be required based upon the most current rates in effect at
the time of payment and/or permit issuance and are subject to change,
J