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HomeMy WebLinkAbout06 SECOND READING AND ADOPTION OF ORD 1512 AND REVISED RESO 21-17DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 G1zY �� AGENDA REPORTS� 1 MEETING DATE TO: FROM: SUBJECT: SUMMARY: MARCH 16, 2021 MATTHEW S. WEST, CITY MANAGER ERICA N. YASUDA, CITY CLERK Agenda Item 6 Reviewed: DS City Manager�� Finance Director N/A SECOND READING AND ADOPTION OF ORDINANCE NO. 1512 AND ADOPTION OF REVISED RESOLUTION NO. 21-17 Adoption of Ordinance No. 1512 approves Development Agreement (DA) 2020-0002 between the City of Tustin and Family Promise of Orange County, to facilitate the disposition of the property and for the development of a seven (7) unit multi -family building for short-term transitional housing for families with children experiencing or at -risk of homelessness on an approximate 16,790 square foot (0.385 acre) site. Staff is requesting that the City Council adopt revised Resolution No. 21-17 which includes clarification to the requested concession for reduced front and rear setbacks. This concession is authorized by the Density Bonus Law. RECOMMENDATION: That the City Council: 1. Have second reading by title only and adoption of Ordinance No. 1512; and 2. Adopt revised Resolution No. 21-17. BACKGROUND: On March 2, 2021, the City Council had first reading by title only of Ordinance No. 1512 and adopted Resolution No. 21-17. Attachments: 1. Ordinance No. 1512 2. Revised Resolution No. 21-17 DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 ORDINANCE NO. 1512 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2020- 0002 BETWEEN THE CITY OF TUSTIN AND FAMILY PROMISE OF ORANGE COUNTY, INC., TO FACILITATE THE DISPOSITION OF PROPERTY AND FOR THE DEVELOPMENT OF A SEVEN (7) UNIT MULTI-FAMLY BUILDING FOR SHORT-TERM TRANSITIONAL HOUSING FOR QUALIFIED FAMILIES WITH CHILDREN EXPERIENCING HOMELESSNESS OR AT RISK OF HOMELESSNESS ON AN APPROXIMATE 16,790 SQUARE FOOT (0.385 ACRE) SITE LOCATED AT 1941 EL CAMINO REAL (APN 500-071-12) The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That proper application has been submitted by Family Promise of Orange County to facilitate the disposition of property located at 1941 EI Camino Real for the development of a seven (7) unit multi -family building for short- term transitional housing for qualified families with children experiencing homelessness or at risk of homelessness on an approximately 16,790 square foot (0.385 acre) site located at 1941 EI Camino Real (APN 500-071-12). B. That Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code authorize the Tustin City Council to enter into a Development Agreement. In compliance with Tustin City Code Section 9611, the Tustin Planning Commission must make a recommendation on the proposed Development Agreement to the City Council. C. That a public hearing was duly called, noticed, and held on said application on February 9, 2021, by the Planning Commission. The Planning Commission adopted Resolution No. 4418 recommending that the City Council approve the Development Agreement. D. That the project is Categorically Exempt pursuant to Section 15332 (Class 32) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). E. That the Development Agreement is supported by the following findings: The project is consistent with the objectives, policies, land uses and programs specified in the General Plan and the Zoning Code in that multi- family residential uses are permitted uses within the High Density Residential land use designation and the project promotes citywide goals DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Ordinance 1512 Page 2 of 4 and policies of addressing homelessness and creating affordable and workforce housing options. 2. That homelessness in Orange County is on the rise which is often due to the high cost of housing in the County. Residents in the community have been and will continue to be directly impacted by issues created by a growing homeless population. For the health, safety and welfare of the community, Tustin continually seeks solutions to mitigate the many and varied issues raised by homeless families and the high cost of housing in Tustin. 3. The project will not be used as an emergency shelter for the homeless. Residents are required to have regular and ongoing employment or be actively seeking employment. 4. Each family will pay into a program fee and will be required to place disposable income into a savings account. 5. The operator will provide case management, computer and internet services, counseling, financial literacy, educational assessment, and life skills classes to participant families. 6. The project is in the vital and bests interests of the City and the health, safety and welfare of its residents. 7. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed, and equipped with the necessary infrastructure and amenities to support future residents. 8. The project will have a positive impact on the City in that the provisions of the proposed DA and conditions of approval will ensure such positive impact. 9. That the approval of the DA will provide for an orderly development and provide public benefits. SECTION 2. The City Council hereby approves Development Agreement 2020-0002 attached hereto as Exhibit A and subject to final approval of the City Attorney. SECTION 3. The City Manager is hereby authorized to take such actions, and execute such documents and instruments as deemed necessary or desirable to implement the terms of the DA and other documents as necessary. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Ordinance 1512 Page 3 of 4 the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 16th day of March, 2021. LETITIA CLARK, Mayor ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Ordinance 1512 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1512 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 2nd day of March, 2021, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 16th day of March, 2021, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA City Clerk Published: DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 RESOLUTION NO. 21-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESIGN REVIEW 2020- 0011, AND DENSITY BONUS ALONG WITH ITS CONCESSIONS FOR THE DEVELOPMENT OF A SEVEN (7) UNIT MULTI -FAMILY BUILDING FOR SHORT TERM TRANSITIONAL HOUSING AND SERVICES FOR QUALIFIED FAMILIES WITH CHILDREN EXPERIENCING HOMELESSNESS OR AT RISK OF HOMELESSNESS LOCATED AT 1941 EL CAMINO REAL (APN 500-071-12) The City Council of the City of Tustin does hereby resolve as follows: SECTION I. The City Council finds and determines as follows: A. That a proper application has been submitted by Family Promise of Orange County (FPOC) for the development of a seven (7) unit multi -family building for short term transitional housing for qualified families with children and conveyance of an approximate 0.385 -acre site located at 1941 EI Camino Real that is currently owned by the City of Tustin (the City). B. That the development application includes the following requests: 1. Development Agreement (DA) 2020-0002 to facilitate the development and conveyance of an approximate 0.385 -acre site within the boundaries of the City of Tustin. 2. Design Review (DR) 2020-0011 for the building design and site layout of multi -family apartment style building including seven (7) units within a single building, community resource room, office, common areas and amenities. 3. Density bonus to authorize two (2) additional units for a total of seven (7) units in the R4 Zoning District. 4. Two (2) development concessions for reduced front and rear yard setback and waiver to allow uncovered parking. C. That the site is zoned as Suburban Residential District (R4); and designated as High Density Residential (HDR) by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality goals and objectives described in the General Plan. DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Resolution No. 21-17 Page 2 D. Density Bonus and Concessions. 1. That Government Code Section 65925 mandates that local governments provide a density bonus when a developer agrees to construct ten (10) percent of the total units within the project for lower income households, five (5) percent of the total units for very low-income households, or ten (10) percent for moderate income families. 2. That the applicant proposes to construct seven (7) one hundred percent (100%) affordable units. 3. That the density bonus will increase the number of families served and contribute to the City's goal of reducing the number of families experiencing homelessness or at risk of homelessness by providing two additional units at the project 4. The concessions and/or waivers are required in order to improve the project by reducing overall costs of the project and providing amenities and resources to families experiencing homeless or at risk of homelessness: • Front and Rear Yard Setback : Authorization to reduce the front yard setback from twenty (20) feet to ten (10) feet, and to reduce the rear yard setback from twenty-five (25) feet to thirteen (13) feet to allow the expansion of the building footprint to provide adequate space for seven residential units, a community resource center, courtyard and tot lot. • Waiver of Covered Parking: Authorization to remove the requirement for covered parking to reduce the cost of the project, allow greater visibility into the site contributing to improved safety measures, and provide parking for larger vehicles used by service providers. 5. The applicant has shown that the requested concessions are necessary to make the housing units economically feasible. 6. The density bonus, concession or incentive would not have an adverse impact upon public health and safety or the physical environment. E. Pursuant to Section 9272 of the TCC, the City Council 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 City Council has considered at least the following items: DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Resolution No. 21-17 Page 3 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. F. That a public hearing was duly called, noticed, and held on said application on February 9, 2021, by the Planning Commission. The Planning Commission adopted Resolution No. 4418, recommending that the City Council approve DR 2020-0011 and the associated DA 2020-0002. G. That a public hearing was duly called, noticed, and held on said application on March 2, 2021, by the City Council. H. That the project is Categorically Exempt pursuant to Section 15332 (Class 32) of the California Code of Regulations (Guidelines for the California Environmental Quality Act) The City Council hereby approves DR 2020-0011, Density Bonus and two (2) development concessions, subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 16th day of March, 2021. LETITIA CLARK Mayor DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Resolution No. 21-17 Page 4 ATTEST: ERICA N. YASUDA CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 21-17 I, ERICA N. YASUDA, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 21-17 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 16th day of March, 2021, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA CITY CLERK DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 EXHIBIT A RESOLUTION NO. 21-17 CONDITIONS OF APPROVAL DESIGN REVIEW 2020-0011 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 2, 2021, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). Any changes in the approved project shall be subject to the review and approval of the Community Development Department. The Community Development Director may approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the TCC. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless substantial construction is underway within twelve (12) months of the date the Development Agreement becomes effective. Time extensions may be granted if a written request and associated fee are received by the Community Development Department and Economic Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Design Review (DR) 2020-0011 and Development Agreement (DA) 2020-0002 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 2 (1) 1.5 As a condition of approval of DR 2020-0011 / DA 2020-0002, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.6 DR 2020-0011 / DA 2020-0002 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts. (1) 1.7 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code (TCC) Section 1162(a). (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 Applicant shall comply with the executed Development Agreement (DA) 2020-0002, associated Disposition and Development Agreement (DDA), and the Housing Agreement. (1) 1.10 This approval shall become null and void if the DA for the project is not approved and executed. USE RESTRICTIONS (1), 2.1 The use shall consist of a 7,681 square foot multi -family building to (5) provide short-term transitional housing and services for qualified families with children who are experiencing homelessness or at risk of experiencing homelessness. The facility shall consist of seven (7) residential units, a multi-purpose room with on-site laundry facility, family resource center, and an outdoor play area and exterior courtyard, and fourteen (14) parking stalls. DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 3 (1), 2.2 The project shall not be used as an emergency shelter for those (5) experiencing homelessness and shall not operate as such. (1), 2.3 The project shall include a resource center to provide a wide range of (5) support services and programs, including career development, case management, education, budgeting and credit repair, computer and internet services, and life skill classes to onsite residents and to an additional twenty (20) families each month consistent with the approved DA for Short -Term Transitional Housing. (1), 2.4 Selection criteria for family placement in the project shall be such that (5) families with ties to the City of Tustin receive preferential placement, and the applicant shall use its best efforts to have all units occupied by families with direct ties and connections to the City of Tustin. (1), 2.5 The project shall ensure continued affordable rent for very -low income (5) families for at least fifty-five (55) years. (1), 2.6 Within thirty (30) days of approval of the applicant's request for the density (5) bonus and/or concession, the applicant shall submit a Housing Incentive Agreement to the City in compliance with TCC Section 9142. (1), 2.7 All parking spaces shall be maintained as shown on the approved Site Plan. (5) Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Community Development Director. SITE AND BUILDING DESIGN (1,4) 3.1 Project materials shall substantially comply with those identified in the approved plans (as such plans may be modified pursuant to the Conditions of Approval). Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (1,4) 3.2 Applicant shall submit a complete set of plans prepared by a California registered architect or civil engineer to the Building Division to obtain a permit for the new tenancy. Plans shall include site plan, existing floor plans, proposed floor plans, mechanical, electrical and plumbing plans. DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 4 (1,4) 3.3 At plan check, the applicant shall submit plans for solar array to the Building Division for issuance of a permit. The solar panel shall be located in such a way to minimize the visual impact to the building. (1,4) 3.4 The applicant and owner are responsible for ensuring that information contained in construction drawings is consistent among architectural, structural, grading, electrical, mechanical, plumbing, fire, utility and public improvement plans as well as other construction drawings. (1,4) 3.5 All exterior stucco shall be applied in 20/30 mix. (1,4) 3.6 In accordance with the submitted 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 be analyzed and certified for compliance with the City's Noise standards. (1,4) 3.7 All rooftop mounted equipment shall be installed so as not to be visible from the public right-of-way and parking lot areas and in accordance with the approved plans. No rooftop mounted equipment shall be visible from public view. Compliance with this condition shall be verified at plan check and at field inspection. (1,4) 3.8 All utilities shall be installed underground. (1), 3.9 Utility meters located outside of the building shall be screened with (5) landscaping to the greatest extent possible. Electrical transformers shall be located in areas with room for landscape screening to be planted outside the required access space. *** 3.10 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to the building. Landscaping shall be utilized to screen the devices where possible. (1), 3.11 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) foot-candle of light on the parking surfaces. b. A maintained minimum of one-quarter (0.25) foot-candle of light on the walking surfaces. DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 5 *** 3.12 Security camera(s) shall be installed at the entrance of the building. Such camera(s) shall remain in place and in good working order at all times to the satisfaction of the Chief of Police. LANDSCAPING (1), 4.1 At plan check, submit detailed landscaping and irrigation plans for all (6) landscaping areas. Landscape plans shall comply with the City's Water Efficient Landscape Ordinance and Ordinance No. 1457, regarding the water conservation requirements stipulated in the Governor's Executive Order B-29-15 and the City's Water Management Plan. (1), 4.2 All landscaping shown on plans shall be installed and maintained by the (6) property owner and shall include screening of any proposed detector check valve water systems and electrical transformers. In addition to shrubs and ground cover, vines shall be planted in the planter area adjacent to the trash enclosure. All vine planting shall include support ties to establish the vines on the walls. Landscaping shall be installed prior to final inspection of the project. (1), 4.3 The Community Development Department may request minor (6) substitutions of plant materials or request additional sizing or quantity of materials during plan check. (1), 4.4 The landscape plans shall note that coverage of landscaping and (6) irrigation materials is subject to inspection at project completion by the Community Development Department. (1), 4.5 All plant materials shall be installed in a healthy vigorous condition typical (6) to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (6) 4.6 Root barriers shall be installed as needed in areas where trees are planted in close proximity to hardscape and/or structures. SIGNAGE (1,4) 5.1 All signs shall comply with the TCC and shall be compatible with the building design. Sign plans shall be submitted to the Community Development Department for approval prior to issuance of sign permit. All signage must have a valid sign permit, if applicable. (1,4) 5.2 A sign permit shall be applied for and obtained from the Community DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 6 Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the Tustin Sign Code. (1,4) 5.3 All signs shall be structurally safe and maintained in good condition at all times. The Community Development Director shall have the authority to order repair, replacement, or removal of any signs which constitute a hazard or nuisance to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. (1,4) 5.4 All signs shall be constructed of a non -corrosive, rust -resistant finish so as not to degrade in adverse weather conditions. (1,4) 5.5 The locations for any signs shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations. Any signs in proximity to the public right-of-way that could impact driver sight shall be shown at a larger scale that will be adequate for plan check purposes. BUILDING PLAN SUBMITTAL (1), 6.1 All construction shall comply with 2019 California Building Code, (3) California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code, California Energy Codes and City Ordinances, State and Federal laws, and other regulations as adopted by the City Council of the City of Tustin. (1), 6.2 The applicant shall apply for and obtain building permits for construction (3) of the proposed project. Architectural plans, egress plans, plumbing, mechanical, electrical and structural plans along with elevator plans shall be submitted with the permit application (1), 6.3 Plans submitted for plan check shall include: (3) Definition: PUBLIC HOUSING. [DSA -AC & HCD 1 -AC] Housing facilities owned, operated, or constructed by, for or on behalf of a public entity including but not limited to the following: • Publicly owned and/or operated one- or two-family dwelling units or congregate residences; DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 7 • Publicly owned and/or operated buildings or complexes with three or more residential dwelling units; • Public housing as defined in Chapter 2 of California Building Code is subject to provisions of the Division of the State Architect (DSA - AC) in Chapter 11B. Newly constructed covered multifamily dwellings, which can also be defined as public housing, shall be subject to the requirements of Chapter 11A and Chapter 11 B. Note: A public entity's program to provide housing may include but is not limited to: the allocation of local, state, or federal financial assistance, Community Development Block Grants, Low Income Housing Tax Credits, the California Multifamily Housing Program, loan agreements and housing bonds. Examples that are not considered a public entity's program to provide housing may include but are not limited to: density bonuses, the receipt of public funds for the installation of energy efficiency features, seismic strengthening, water conservation and fire safety features. For additional information see "Guide to Public Housing Regulated in Chapter 11 B of the California Building Code "and the "California Access Compliance Advisory Reference Manual "available on the Division of the State Architect's website. (1), 6.4 CBC 1104A.1: All ground -floor dwelling units in nonelevator buildings (3) shall be adaptable and on an accessible route. (1), 6.5 Accessible parking spaces shall be provided at a minimum rate of two (3) percent (2%) of the covered multi family dwelling units. (2% x7 units= 1). (1), 6.6 When parking is provided for covered multi -family dwellings and is not (3) assigned to a resident or a group of residents, at least five percent (5%) of the parking spaces shall be accessible and provide access to grade - level entrances of covered multifamily dwellings and facilities (e.g., swimming pools, club houses, recreation areas, and laundry rooms) that serve covered multifamily dwellings. Accessible parking spaces shall be provided with signage as required by Section 1109A.8.8. Such signage shall not be blocked from view by a vehicle parked in the space. CBC 2016, section 1109A.5. (5% x 15 spaces=1). When assigned parking is provided, designated accessible parking for the dwelling unit shall be provided on requests of residents with disabilities with the same terms and with the full range of choices (e.g. carport or garage) that are available to other residents. CBC 2016, Section 1109A.6. (1), 6.7 When practical, the accessible route shall not cross lanes for vehicular (3) traffic. When crossing vehicle traffic lanes is necessary, the accessible route shall be designated and marked as a crosswalk. (CBC 1109A.7) DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 8 (1), 6.8 Accessible parking spaces shall be located so that persons with (3) disabilities are not compelled to wheel or walk behind parked cars other than their own. (CBC 1109A.7) (1), 6.9 Accessible van parking spaces shall have access isle located on the (3) passenger side of the vehicle with the vehicle parked in the forward position. The width of parking space shall be nine (9) feet and access isle shall be eight (8) feet wide. (1), 6.10 The ground immediately adjacent to the foundation shall be sloped away (3) from the building at a slope of not less than one (1) unit vertical in 20 units horizontal (five percent (5%) slope) for a minimum distance of ten (10) feet measured perpendicular to the face of the wall. If physical obstructions or lot lines prohibit ten (10) feet of horizontal distance, a five percent (5%) slope shall be provided to an approved alternative method of diverting water away from the foundation. Swales used for this purpose shall be sloped not less than two percent (2%) where located within ten (10) feet of the building foundation. Impervious surfaces within ten (10) feet of the building foundation shall be sloped not less than two percent (2%) away from the building. (CBC 1804.4) (1), 6.11 Comply with California Green Building, Section 4.106.4.2 to facilitate (3) future installation and use of EV chargers. Ten percent (10%) of the total number of parking spaces on a building site shall be EV charging spaces capable of supporting future EVSE. Calculation for the required number of EV spaces shall be rounded up to the nearest whole number. Construction Documents are intended to demonstrate the project's capacity for facilitating future EV charging. (1), 6.12 Comply with California Energy Code, Section 110.10 mandatory (3) requirements for solar ready buildings. Low-rise multifamily buildings that do not have a photovoltaic system installed shall comply with the requirements of section 110.10(b) through 110.10(d). The solar zone shall be located on the roof or overhang of the building or on the roof or overhang of another structure located within 250 feet of the building and shall have a total area not less than fifteen percent (15%) of the total area of the building excluding any skylight area. (1), 6.13 Common use facilities for public use facilities shall be designed per CBC (3) Chapter 11 B. (1), 6.14 Recycling areas shall have a solid roof or awning and shall be enclosed (3) by masonry wall with access which effectively obscures the contents placed within the enclosure. Trash enclosures with only enough space for DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 9 dumpsters used as point of waste disposal only are not employee workplaces; however, they are part of the facility on the site and as such, must have an accessible route to it, similar to common area facilities such as storage rooms. The accessible route may terminate at a complying door with strike edge clearance and complying hardware, but entry to the enclosure itself is not required. The dumpsters themselves are not regulated by CBC Chapter 11 B. (1), 6.15 Trash enclosures shall have a solid roof or awning and shall be enclosed (3) by masonry wall with access which effectively obscures the contents placed within the enclosure. Trash enclosures with only enough space for dumpsters used as point of waste disposal only are not employee workplaces; however, they are part of the facility on the site and as such, must have an accessible route to it, similar to common area facilities such as storage rooms. The accessible route may terminate at a complying door with strike edge clearance and complying hardware, but entry to the enclosure itself is not required. The dumpsters themselves are not regulated by CBC Chapter 11 B. (1), 6.16 Public housing facilities with residential dwelling units shall comply with (3) Section 11 B-233. (1), 6.17 All direct service overhead powerlines serving the property shall be (3) relocated underground. PUBLIC WORKS DEPARTMENT WQMP CONDITIONS (1) 7.1 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). The Priority WQMP, it shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 7.2 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) 7.3 Prior to issuance of any permits, the applicant shall record a Covenant and Agreement Regarding 0 & M Plan to Fund and Maintain Water DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 10 Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk -Recorder. 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 Priority WQMP. STREET IMPROVEMENT CONDITIONS (1) 7.4 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) 7.5 The applicant shall complete street improvements on EI Camino Real along the project frontage consisting of: a. Design and construct full width concrete sidewalk, curb and gutter along property frontage on EI Camino Real. b. Proposed driveway apron shall be designed and constructed per the most current City of Tustin commercial driveway apron standard with a minimum width of 27 ft. c. 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. d. These public improvements shall be designed prior to issuance of any City of Tustin Building Permit. The public improvements shall be completed prior to release of occupancy. (1) 7.6 The applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. (1) 7.7 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. DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 11 (1) 7.8 Any water improvement plans must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (1) 7.9 A backflow prevention device may be required to protect the public water system from cross connections. A. If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. B. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. C. If the applicant proposes to use an irrigation system, then a separate water meter will be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross -connection with the public water system. (1) 7.10 Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk - Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 7.11 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1) 7.12 The applicant's project is within the East Orange County Water District (EOCWD) service area. Prior to issuance of any permit, the applicant shall provide written approval from the EOCWD sewer and water service approval. The applicant shall submit a sewer and water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 12 (1) 7.13 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. 7.14 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING CONDITIONS (1) 7.15 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 programs. 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. Adequate collection capacity shall be provided to ensure that collection frequency shall not exceed four times per week for commercial customers. E. All trash enclosures shall be designed with roof and be able to accommodate at least two (2) 4 -yard bins, with at least one (1) bin reserved for recyclable materials. Space for a container for organics is also required as described in Section 15G below. F. 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. G. All developments are required to provide space for the collection of organic materials. Organics are collected in 35 -gallon and 65 - gallon wheeled carts, and 2 -yard bins. The size of the organics container will be dependent upon the use and size of the building. Organics can be collected six (6) days per week to minimize the space required for a container. DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 13 (1) 7.16 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. ORANGE COUNTY FIRE AUTHORITY (1), 8.1 Plan Submittal: The applicant or responsible party shall submit the plan(s) (5) listed below to the OCFA for review. Approval shall be obtained on each plan prior to the event specified. Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required: • Fire Master Plan (PR145) Prior to concealing interior construction: • Fire alarm system (service code PR500-PR520) • Fire sprinkler system (service code PR420-PR440) Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to OCFA. Standard notes, guidelines, informational bulletins, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting ocfa.org and clicking on "Business, Planning & Development Services" in the menu bar at the top of the screen. (5) 8.2 Temporary/Final Occupancy Inspections: 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. (5) 8.3 Lumber -drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall 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 days in advance to schedule the lumber drop inspection. DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 14 (5) 8.4 Emergency Responder Digital Radio System: Evidence of compliance with emergency responder digital radio system performance criteria shall be provided prior to occupancy. Refer to OCFA Guideline E-03 or the local jurisdiction's emergency responder radio ordinance, as applicable, for requirements. FEES (1) 9.1 Prior to issuance of each building permit, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. B. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. C. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. D. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. E. Water and sewer connection fees to the Irvine Ranch Water District. F. New residential construction fees in the amount of three -hundred -and - fifty dollars ($350.00) per unit plus one -hundred dollars ($100.00) for each bedroom over one (1) in each unit. G. School facilities fee in the amount as required by Tustin Unified School District. (1) 9.2 Within forty-eight (48) hours of approval of the subject 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 the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Exhibit B Resolution No. 21-18 Page 15 interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.