HomeMy WebLinkAboutCC RES 23-03 __________________
Resolution 23-03
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RESOLUTION NO. 23-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING DESIGN REVIEW 2022-0004, DENSITY BONUS CONCESSION
AND WAIVER REQUESTS, SUBDIVISION 2022-0002/TENTATIVE TRACT MAP
19224 FOR RESIDENTIAL CONDOMINIUM PURPOSES, AUTHORIZING THE
SUBDIVISION OF AN APPROXIMATE 2.07 ACRE SITE CONSISTING OF ONE
(1) NUMBERED LOT OF FORTY (40) CONDOMINIUM RESIDENCES LOCATED
AT 17802 AND 17842 IRVINE BOULEVARD
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That a proper application has been submitted to the City of Tustin (the City)
Community Development Department by Intracorp SoCal-1 LLC to construct
forty (40) three-story residential units, including two (2) affordable units, on
approximately 2.07 acres. The project would also include an enclosed, two-
car garage and private open space for each unit, ten (10) guest surface
parking spaces, and common and private open space areas. The project
would also require the demolition of two (2) existing two-story office buildings
currently located on 17802 and 17842 Irvine Boulevard.
B. That the Development Application requests the following approvals:
• General Plan Amendment (GPA) 2022-0001 - A request to amend
the General Plan Land Use Designation of the subject property from
Professional Office (PO) to High Density Residential (HDR).
• Zone Change (ZC) 2022-0001 – A request to change the Zoning
District of the subject property from Retail Commercial District (C1)
with a Parking Overlay (P) to Multi-Family Residential (R3).
• Design Review (DR) 2022-0004 for site layout and building design.
• Density Bonus request to allow one (1) Concession to allow a
reduced building setback along Irvine Boulevard and a Waiver for a
reduction in required common open space.
• Development Agreement (DA) 2022-0002 to accept the voluntary
provision of community public benefits, by including two (2)
affordable housing units for very-low income households, equity
sharing, and payment of in-lieu fee.
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• Subdivision Map (SUB 2022-0002) / Tentative Tract Map (TTM No.
19224) – A request to subdivide the properties for condominium
purposes to construct a total of forty (40) units including thirty-eight
(38) market rate and two (2) affordable units.
C. The project has been reviewed for consistency with the Air Quality Sub-
element of the City of Tustin General Plan and has been determined to be
consistent with the Air Quality Sub-element.
D. That Tustin City Code (TCC) Section 9323b2 requires a TTM be prepared for
subdivisions creating five (5) or more condominiums as defined in Section 783
of the California Civil Code.
E. That TCC Section 9272b requires the applicant obtain DR for site plan,
architectural elevations and landscaping for construction of a new
development prior to the issuance of any building permit.
F. That pursuant to TCC Section 9123, the applicant has requested a Density
Bonus State Law Concession for a reduced building setback along Irvine
Boulevard that would result in identifiable and actual cost reductions.
G. That pursuant to TCC Section 9124, the applicant requested a Density Bonus
State Law Waiver for a reduction in required common open space for
residential development in the R3 zoning district.
H. That pursuant to TCC Sections 9123 and 9124, the Planning Commission
recommended findings to support the City Council’s approval of the Density
Bonus request to allow one (1) Concession to allow a reduced building setback
along Irvine Boulevard and a Waiver for a reduction in required common open
space.
I. That City staff prepared an Initial Study to evaluate the potential
environmental impacts associated with SUB 2022-0002/TTM 19224, Density
Bonus Request, DR 2022-0004 and DA 2022-0002 that concluded, with
mitigation measures, potential significant impacts can be reduced to a level of
insignificance and a Mitigated Negative Declaration (MND) was prepared.
J. That a Notice of Intent to Adopt a MND was published and the MND and Initial
Study were made available to allow for public review and comments from
September 15, 2022, to November 10, 2022, in compliance with Sections
15072 and 15105 of the State CEQA Guidelines.
K. Public comments were received and a Final MND with responses, and
submitted comments was prepared.
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L. That a public hearing was duly called, noticed, and held for GPA 2022-0001,
ZC 2022-0001, SUB 2022-0002/ TTM 19224, DR 2022-0004, Density Bonus
requests, and DA 2022-0002 on December 13, 2022, by the Planning
Commission.
M. That after the close of the public hearing, the Planning Commission adopted
Resolution Nos. 4461, 4462, 4463, 4464, and 4465 recommending that the
City Council find that the MND is adequate for the project and approve the
subject entitlements.
N. That a public hearing was duly called, noticed, and held for GPA 2022-0001,
ZC 2022-0001, DR 2022-0004, Density Bonus requests, SUB 2022-
0002/TTM 19224, and DA 2022-0002 on January 17, 2023, by the City
Council.
O. That the City Council considered the Initial Study and the MND (Resolution
4461) and recommended that the City Council find it adequate for the subject
entitlements.
P. That as conditioned, the map would be in conformance with the State
Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that:
1. The proposed TTM 19224 and improvements are consistent with GPA
2022-0001, ZC 2022-0001, TCC, and Subdivision Map Act.
2. The site is physically suitable for the type of development and
proposed density in that the development of forty (40) condominium
residences on a 2.07-acre parcel and is within the allowable density
requirements of GPA 2022-0001.
3. The design of the proposed subdivision and improvements are not likely
to cause substantial environmental damage in that the development is
located on an improved parcel within an urbanized area and any
potential environmental impacts can be mitigated to a level less than
significant.
4. The design of the subdivision or the types of improvements proposed
are not likely to cause serious public health problems, and the
development is in compliance with the Zoning Code, except for those
development standards associated with the Density Bonus request, and
will be required to comply with the applicable building and life safety
codes.
5. That the waste discharge from the proposed subdivision into a
community sewer system will not result in or add to violations of
existing requirements prescribed by the Regional Water Quality
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Control Board in that the development will be permitted through the
Orange County Sanitation District to utilize community sewer facilities.
6. That recommendations provided in the preliminary geotechnical report
would be implemented in the grading and foundation improvements
associated with the project.
Q. That the City’s Public Works Department has reviewed the map and
determined that, as conditioned, it is technically correct.
R. That the project meets the development standards of the Multi-Family
Residential (R-3) zoning district.
S. That TCC Section 9331d requires the subdivider to pay an in-lieu fee of
providing a parkland dedication.
T. That common open space, in excess of what is required by TCC, is not
provided and the project includes a subdivision of less than fifty (50) parcels.
Pursuant to TCC 9331d3, the applicant shall be required to pay a park in-
lieu fee for the entire parkland dedication of 11,674 square feet. The fee
would be based on the fair market value per Condition of Approval No. 3.3
and the fee would be determined at time of recordation of the Final Map and
payable prior to issuance of a Certificate of Occupancy.
U. That the proposed project is consistent with the General Plan Housing
Element Goal 1 in that the project would facilitate the provision of an
adequate supply of housing to meet the need for a variety of housing types
and the diverse socio-economic needs of all community residents and
supports State Housing Law as implemented by the Regional Housing
Needs Assessment (RHNA). The project provides for thirty-eight (38)
market-rate for sale units and two (2) affordable units.
In furtherance of Goal 1 of the Tustin General Plan Housing Element, the
applicant will pay an in-lieu affordable housing fee which will be used for
development of affordable housing in another location within the City.
V. That the location, size, and general appearance of the proposed project, as
conditioned, is compatible with the surrounding area in that there are existing
multi-family residences in the area of a similar massing and scale. In
addition, the architectural design and features are an enhancement to the
existing housing stock in the neighborhood. The proposal will not impair the
orderly and harmonious development of the area, the present or future
development therein, or the occupancy as a whole. In making such findings,
the City Council has considered, at least, the following items:
1. Height, bulk, and area of proposed structures.
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2. Setbacks and site planning.
3. Exterior material and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors and other openings.
6. Towers, chimneys, and roof structures.
7. Landscaping, parking area design and traffic circulation.
8. Location, height and standards of exterior illumination.
9. Location and appearance of mechanical and electrical equipment.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing structures in
the neighborhood.
12. Appearance and design relationship of proposed structures to existing
structures and possible future structures in the neighborhood and
public thoroughfares.
13. Development guidelines and criteria as adopted by the City Council.
• Building Design. The project is designed to be a vibrant, high-
quality residential development. The architectural style is
contemporary and features clean lines, ample glazing and
fenestration, windows with trim surrounds and siding, metal
louvered awnings, and subtle color schemes. The building
elevations include vertical and horizontal architectural
features and color schemes that break up the overall massing
and provide visual interest. While all of the buildings would
have similarities in design, the attached and detached units are
designed to exhibit unique façade characteristics as shown in
the elevations.
• Site Layout. The lot width of approximately 467 feet is
bifurcated with a twenty-seven (27) foot wide, two-way
driveway, that provides the singular entry and exit point to the
site. The driveway entry is flanked by twelve (12) foot wide
landscaped planting areas and the easterly side of the
driveway provides an enhanced pedestrian path of travel into
the site, featuring a four-foot wide pathway. The contemporary
design features incorporate “stepped-back” design features
along Irvine Blvd. that provide massing relief for the three-
story buildings. Building heights are proposed to comply with
maximum allowable height of thirty-five (35) feet for the R3
zone, roof top mechanical equipment would be fully enclosed
within a parapet, and other electrical equipment would be
screened from public view
• Access and Circulation. The project would include one twenty-
seven (27) foot-wide driveway on Irvine Boulevard. The
driveway would connect to a twenty-four (24) foot-wide drive isle
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that loops around the interior of the project site. On-site drive
aisles would provide direct access to garages and on-site guest
parking. Pedestrian sidewalks and pathways would be installed
to circulate the site and connect to the proposed Pocket Park
located within the center of the site.
• Parking. TCC 9263 requires a minimum of two (2) covered
spaces for each dwelling unit, plus one (1) unassigned guest
space for every four (4) units for multifamily residential projects.
As proposed, the project meet the requirements as summarized
in Table 4. The project would include two (2) enclosed garage
parking stalls per unit (80 total) and ten (10) uncovered parking
spaces.
• Private and Common Open Space. Each unit is designed with
a private entrance and a minimum of 100 square feet of private
open space. Thirty (30) units are designed to with a unique roof
deck amenity to serve as the private open space. The viewshed
exhibits for proposed roof decks confirmed that the roofline
design will provide privacy for adjacent properties. The project
has a combined private open space area of 17,081 square feet,
with an average of 427 square feet of private open space per
unit which exceeds the minimum open space requirement
required in an R3 zone. A total of four (4) common open
spaces areas are designed within the project site to promote
passive or active lifestyles, highlighted by the pocket park
area. The total common open space provided is 10,531
square feet, with an average of 263 square feet provided per
unit.
• Lighting. Proposed outdoor lighting would be typical of
residential uses and would consist of wall-mounted lighting,
pole-mounted lights along the driveway, path lights/bollards,
and landscape lighting. All of the Project’s outdoor lighting
would be shielded to minimize off-site spill and would be in
compliance with TCC Section 9271hh.
• Wall and Fences. The project includes construction of a new
six (6) foot-high concrete masonry unit (CMU) block wall along
the east, south, and west perimeter of the project site. The
applicant proposes to remove the existing double wall along
the southern property line between the existing residential
development and the project site, and replace with a new six
(6) foot-high CMU wall. The new walls would be screened
with landscaping including vines. The northeast corner of the
site would also include a new wrought iron fence on top of
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three (3) foot-high block wall to match existing wall on the
eastern property line at the project frontage. The southeast
corner of the site would also include a wrought iron fence for
maintenance access to proposed catch basin. The project
includes forty-two (42) inch stucco private courtyard walls and
six (6) foot-high stucco side yard walls for proposed private
open space areas for some units. The project also includes
decorative wood-like fences, and metal fencing to provide
additional screening for interior areas of the site.
• Density Bonus Concession. The applicant is requesting a
Density Bonus Concession to allow a reduced building setback
as measured from the property line adjacent to Irvine Blvd. The
R3 development standards require a ten (10) foot building
setback and the applicant requests a concession to allow a
minimum building setback of six (6) feet. Certain areas of the
building fronting Irvine Blvd. would have a maximum building
setback of nine (9) feet-nine (9) inches.
• Density Bonus Waiver. Pursuant to TCC 9226d2, 300 square
feet of common open space is required per unit or 12,000
square feet of total common open space for the subject project.
The applicant is requesting a Density Bonus Waiver of the R3
common open space requirement to be able to provide 10,531
square feet of common open space, or 1,469 square feet less
than what is required by TCC.
W. That pursuant to TCC Section 9142, following approval of an application for a
density bonus concession and waiver, a housing incentive agreement shall
be prepared consistent with any conditions of approval related thereto
subject to review and approval as to form by the City Attorney.
II. The City Council hereby approves SUB 2022-0002/TTM 19224, DR 2022-0004,
and Density Bonus Concession and Waiver Requests authorizing the subdivision of an
existing 2.07-acre site consisting of one (1) numbered lot for the development of forty (40)
condominium residences, including thirty-eight (38) market rate and two (2) affordable
units located at 17802 and 17842 Irvine Boulevard, subject to the conditions contained
within Exhibit A, attached hereto.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting
on the 17th day of January, 2023.
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Resolution 23-03
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AUSTIN LUMBARD,
MAYOR
ATTEST:
______________________________
ERICA N. YASUDA,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
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 five; and that the above and foregoing Resolution No. 23-03 was duly
passed, and adopted at a regular meeting of the City Council held on the 17th day of
January, 2023, by the following vote:
COUNCILMEMBER AYES: Lumbard, Clark, Gallagher, Gomez, Schnell (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
____________________
ERICA N. YASUDA,
City Clerk
Exhibit A: Conditions of Approval
Exhibit B: Tentative Tract Map (TTM) 19224
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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
EXHIBIT A
CONDITIONS OF APPROVAL
GPA 2022-0001, ZC 2022-0001, SUB 2022-0002/TTM 19224, DR 2022-0004,
DENSITY BONUS CONCESSION AND WAIVER REQUESTS, AND DA 2022-0002
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped December 13, 2022, 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).
(1) 1.2 Approval of Design Review (DR) 2022-0004 shall become null and void
unless permits for the proposed project are issued and substantial
construction is underway within twenty-four (24) months of this approval,
unless otherwise provided for by Development Agreement (DA) 2022-0002.
Time extensions may be considered if a written request is received by the
Community Development Department within thirty (30) days prior to
expiration.
(1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified, subject to review and approval by the Community
Development Department.
(1) 1.4 Approval of GPA 2022-0001, ZC 2022-0001, SUB 2022-0002/TTM 19224,
DR 2022-0004, Density Bonus Concession and Waiver, and DA 2022-0002
are contingent upon the applicant and property owner signing and returning
to the Community Development Department a notarized "Agreement to
Conditions Imposed" form and the applicant and/or 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.
(1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to TCC Section 1162(a).
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CC RESOLUTION NO 23-03
GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS
CONCESSION & WAIVER, DA 2022-0002 AND SUB 2022-0002/
TTM 19224
Page 2
1744703.1
(1) 1.6 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) 1.7 As a condition of approval of GPA 2022-0001, ZC 2022-0001, SUB 2022-
0002/TTM 19224, DR 2022-0004, Density Bonus Concession and Waiver,
and DA 2022-0002, 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) 1.8 All activities shall comply with the City’s Noise Ordinance per Chapter 6
of Article 4 of the TCC.
(1) 1.9 This approval shall become null and void if GPA 2022-0001, ZC 2022-001
and the associated DA is not approved and executed. The applicant shall
comply with executed DA 2022-0002.
(1) 1.10 In the case of any conflict between these conditions of approval and DA 2022-
0002, the DA between the City of Tustin and Developer shall govern.
DENSITY BONUS
(***) 2.1 In accordance with TCC 9142, the City Manager, or his/her designee shall
prepare a Density Bonus Housing Incentive Agreement (Housing
Agreement), in consultation with the Housing Authority, and subject to
review and approval as to form by the City Attorney, to memorialize the
provision of very-low income housing, equity sharing, payment of an in-lieu
fee, and the granting of the requested concession and waiver. The City
Manager shall be responsible for final approval and execution of the Housing
Agreement, which shall be executed and recorded between the City of
Tustin and the Developer prior to the issuance of building permits. Said
Agreement shall be recorded in the Official Records of Orange County,
California prior to City’s issuance of building permits for the Project and shall
be binding to all future owners and successors in interest. The Housing
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CC RESOLUTION NO 23-03
GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS
CONCESSION & WAIVER, DA 2022-0002 AND SUB 2022-0002/
TTM 19224
Page 3
1744703.1
Incentive Agreement may include provisions for the following terms, but not
limited to: 1) equity sharing, 2) level of affordability, and 3) terms of
affordability.
TENTATIVE TRACT MAP 19224 / FINAL MAP CONDITIONS
(1) 3.1 Preparation and recordation of a final subdivision map shall be required.
Within twenty-four (24) months from Tentative Map approval, the applicant
shall record with appropriate agencies a final map prepared in accordance
with subdivision requirements of TCC Section 9323 and the State
Subdivision Map Act. The Final Map shall be submitted for review,
processing, and recording at least ninety (90) days prior to the expiration
of the Tentative Map. Time extensions shall be in conformance with the
provision of TCC Section 9323e3 and State Subdivision Map Act.
(1) 3.2 Prior to approval of the Final Tract Map 19224, the developer shall enter
into a landscape maintenance agreement with the City of Tustin for
maintenance of parkway improvements adjacent to the project along Irvine
Boulevard. The applicant shall be responsible for preparing the agreement
exhibit(s) and the City Attorney’s cost for preparing the agreement.
(1) 3.3 Prior to submittal of an application to the City for approval of the final map,
the applicant is required to submit to the City a report to establish the
required Park Land Fee, per TCC 9331, which requires that fair market
value be determined by a Master Appraisal Institute (MAI) Designated
member of the Appraisal Institute acceptable to the City and at the expense
of the subdivider; and the determination shall consider the value of a
buildable acre of land at the time the final map is to be recorded, as if
otherwise the land would be fully developed to the residential density shown
on the tentative map for which the fees are required. Park Land Fee shall
be approved by the Community Development Director and prior to issuance
of a Certificate of Occupancy for a residential unit of the project, the
developer shall pay a per unit park in-lieu fee, as each certificate of
occupancy is issued by the City.
(1) 3.4
Prior to approval of the final map, the applicant is required to execute a
subdivision and monumentation agreement and furnish improvement and
monumentation bonds, all on forms acceptable to the City. An alternative
timeline shall be subject to review and approval by the Public Works and
Community Development Directors.
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CC RESOLUTION NO 23-03
GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS
CONCESSION & WAIVER, DA 2022-0002 AND SUB 2022-0002/
TTM 19224
Page 4
1744703.1
(1) 3.5 Subdivider shall dedicate in Fee Title Irvine Boulevard to the City of Tustin,
at no cost to the City, on the map.
(1) 3.6 Subdivider shall release and relinquish to the City of Tustin, all vehicular
access rights along Irvine Boulevard except at approved access locations
and street intersections, at no cost to the City, on the map.
(1) 3.7 The subdivider 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 emergency vehicles access and
public services ingress and egress purposes over the private street, 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) 3.8 Prior to issuance of any permit, the applicant shall submit an 8 ½” x 11”
street address map exhibit to the Public Works Department for review and
approval. The address map exhibit shall be in portable document format
(PDF) and shall include the site plan, foot print of building(s), and streets.
USE RESTRICTIONS
(***) 4.1 The project shall include construction of a new, multi-family residential
development project at the project location on an approximate 2.07-acre
(net) site. The Project would include forty (40) three-story residential
units (including 38 market rate and two (2) very low affordable units or
50% AMI) within eighteen (18) duplexes (36 units) and four (4) single-
family residences. The proposed density of the project would be
approximately 19.3 dwelling units per acre, which is consistent with the
maximum density in the High Density Residential land use designation
that allows up to twenty-five (25) dwelling units per acre. The project
would include a fully enclosed, two-car garage for each unit, and ten (10)
uncovered guest parking spaces. Additionally, the proposed project
would include landscaping, private and common open space including
community gathering and BBQ areas, and utility and access
improvements. The project also includes a density bonus request for
one (1) Concession for the front yard setback from Irvine Blvd. building
line setback requirement of ten (10) feet from right-of-way line, to allow
a six (6) foot minimum front yard setback be applied along Irvine Blvd.,
and a Waiver to allow a reduction in common open space requirement
of 12,000 square feet total (or 300 SF per unit), to allow 10,531 square
feet total (or 263 SF per unit). The project would also demolish two (2)
existing two-story office buildings.
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CC RESOLUTION NO 23-03
GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS
CONCESSION & WAIVER, DA 2022-0002 AND SUB 2022-0002/
TTM 19224
Page 5
1744703.1
(4) 4.2 All parking spaces shall be maintained as shown on the approved plans
dated December 13, 2022. Any changes to the number, location, or size
of parking spaces shall be reviewed and approved by the Community
Development Director.
(1) 4.3 No outdoor storage shall be permitted during grading or building stages
except as approved by the Community Development Director.
(***)
4.4 If in the future the City’s Community Development Director, Police Chief,
and/or Public Works Department determines that the vehicle turn
movements into and out of the project driveway need to be reassessed,
the Community Development Director, Police Chief, and/or Public
Works Department may require applicant to prepare a traffic analysis
and the applicant shall bear all associated costs. If said study indicates
that there is inadequate capacity at the project driveway, the applicant
shall be required to provide measures to be reviewed and approved by
the Community Development Department, Police Chief, and/or Public
Works Department. Said measures may include, but are not limited to,
the following:
a) Restricting left-turn movements into and out of the project driveway
during specified hours.
CONDITIONS, COVENANTS & RESTRICTIONS (CC&Rs)
(1) 5.1 Prior to the approval of the final map, all organizational documents for
the project, including any covenants, conditions, and restrictions
(CC&Rs), shall be submitted to and approved by the Community
Development Department and City Attorney's Office. Costs for such
review shall be borne by the subdivider.
(1) 5.2 CC&Rs submitted to the City for review shall contain a table itemizing
each of the requirements identified herein and the page/paragraph
where they are addressed in the CC&Rs.
(1) 5.3 The approved CC&Rs shall be recorded with County Recorder’s Office
concurrent with the Final Map. A copy of the final documents shall be
submitted to the Community Development Department after
recordation.
(1) 5.4 No dwelling unit in the development shall be sold or a Certificate of
Occupancy issued, unless a homeowners association has been legally
formed with the right to assess all units which are jointly owned or
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benefitted to operate and maintain all other mutually available features
of the development including, but not limited to, public and private open
space, amenities, landscaping, private street, and utilities.
(1) 5.5 The CC&Rs shall include, but are not be limited to, the following
provisions:
A. The City shall be included as a party to the CC&Rs for enforcement
purposes of those CC&R provisions in which the City has interest as
reflected in the following provisions. However, the City shall not be
obligated to enforce the CC&Rs.
B. The requirement that association bylaws be established.
C. Provisions for effective establishment, operation, management, use,
repair, and maintenance of all common areas and facilities including
open space, landscaped areas, roof decks, walls and fences, private
roadways (i.e., walkways, sidewalks, paseos, driveways), lighting,
and furnishings, awnings, trash enclosures, water quality
management plan BMPs and private utilities, if any, shall be
established in the CC&Rs.
D. Private open space areas within the common area shall be illustrated
on a “Private Open Space Exhibit” and shall be made part of the
CC&Rs and shall specify those portions of the open space area that
are allocated for private use. The CC&Rs shall include provisions for
authorized uses and structures, access, maintenance, and
restrictions in the private use areas to minimize noise and light
disruptions to adjacent properties.
E. Membership in the homeowners association shall be inseparable
from ownership in individual units.
F. Architectural controls shall be provided and may include, but not be
limited to, provisions regulating architectural features, exterior
finishes, roof materials, fences and walls, balconies, roof decks,
accessory structures such as patios, sunshades, trellises, gazebos,
awnings, exterior mechanical equipment, television and radio
antenna, consistent with the TCC.
G. Maintenance standards shall be provided for applicable items listed
in Section C above in CC&Rs. Examples of maintenance standards
are shown below.
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1. All common area landscaping and private areas visible from
any public way shall be properly maintained such that they are
evenly cut, evenly edged, and free of debris and weeds. All
trees and shrubs shall be trimmed so they do not impede
vehicular or pedestrian traffic. Trees shall be pruned so they
do not intrude into neighboring properties and shall be
maintained so they do not have droppings or create other
nuisances to neighboring properties. All trees shall also be
root pruned to eliminate exposed surface roots and damage to
sidewalks, driveways, and structures.
2. All private drives, sidewalks, and open space areas shall be
maintained so that they are safe for users. Significant
pavement cracks, pavement distress, excessive slab
settlement, abrupt vertical variations, and debris on travel
ways shall be removed or repaired promptly.
3. Common areas shall be maintained in such a manner as to
avoid the reasonable determination of a duly authorized official
of the City that a public nuisance has been created by the
absence of adequate maintenance such as to be detrimental
to public health, safety, or general welfare.
H. Homeowners association approval of exterior improvements
requiring a building permit shall be obtained prior to requesting a
building permit from the City of Tustin Community Development
Department. All plans for exterior improvements shall conform to
requirements set forth by the City and the CC&Rs.
I. A “Parking 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. A total of ninety (90) parking spaces shall be available onsite.
At a minimum, a total of eighty (80) parking spaces shall be
available onsite permanently maintained at a rate of two (2)
garage spaces per dwelling unit. An additional minimum of ten
(10) unassigned guest spaces shall be permanently provided
on site at a rate of 0.25 per unit. Any changes to the parking
shall be subject to the review and approval by the Community
Development Department in accordance with TCC.
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2. Residents shall not store or park any non-motorized vehicles,
trailers or motorized vehicles that exceed seven (7) feet high,
seven (7) feet wide, and nineteen (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.
3. Residents shall park vehicles in garage spaces. Storage of
personal items may occur in the garages only to the extent that
vehicles may still be parked within the required garage spaces.
4. The homeowners association shall be responsible for
monitoring and enforcing all parking regulations on private
property. The proposed CC&Rs shall include provisions
requiring the association to develop and adopt an enforcement
program for parking regulations within the development which
may include measures for fire access and enforcement by a
private security company.
J. Provisions for enforcing individual trash cart placement at designated
curb areas as shown on the approved “Trash Pick-up Plan” no earlier
than noon (12:00 P.M.) on the day before scheduled collections and
removed within twelve (12) hours of collection.
K. Maintenance of all common areas, driveways, etc., shall be by the
homeowners association.
L. Television and radio antennas shall be installed in accordance with
the requirements of the TCC.
M. All utility services serving the site shall be installed and maintained
underground pursuant to TCC 9271.
N. The homeowners association shall be required to file the names,
addresses, and telephone numbers of at least one (1) member of the
homeowners association Board and, where applicable, a manager of
the project before January 1st of each year with the Community
Development Department for the purpose of contacting the
association in the case of emergency or in those cases where the
City has an interest in CC&R violations.
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O. The homeowners association shall be responsible for establishing
and following procedures for providing access to public utilities for
maintenance of their facilities within the project area, subject to those
agencies' approval.
P. No amendment to alter, modify, terminate, or change the
homeowners association's obligation to maintain the common areas
and the project perimeter wall or other CC&R provisions in which the
City has an interest, as noted above, or to alter, modify, terminate, or
change the City's right to enforce maintenance of the common areas
and maintenance of the project perimeter wall, shall be permitted
without the prior written approval of the Community Development
Department.
HOMEBUYER NOTIFICATION
(1) 6.1 Prior to recordation of the final map, the subdivider shall submit to the
Community Development Department for review and approval a
homebuyer notification document that includes, but is not limited to, the
notifications listed below. The notification document shall be signed by
each homebuyer prior to final inspection and occupancy, and a copy of
each signed notification shall be provided to the Community Development
Department prior to final inspection and/or issuance of each Certificate of
Occupancy.
A. A notice for roadway, airplane noise, and noise generated from the
Columbus Tustin park and playground that may impact the subdivision,
including roadway noise associated with Irvine Boulevard and Prospect
Avenue.
B. A notice regarding units that are adjacent to aboveground utilities or
structures (such as light standards and fire hydrants) identifying the
type of structure and their locations.
C. A notice indicating that any use of a residence for a business shall be
subject to the City's Home Occupation Ordinance and will require
zoning clearance and a business license.
D. A notice explaining the easements, facilities, amenities, and
dedications that will be provided and indicating all on-site driveways
and common areas are to be maintained by the homeowners
association.
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E. A notice stating trash bins shall be placed in designated curb areas as
shown on the approved “Trash Pick-up Plan” no earlier than twelve (12)
hours prior to the scheduled collections and removed within twelve (12)
hours of collection.
F. A notice explaining and providing a copy of the approved “Parking
Plan” and related CC&Rs provisions.
G. A notice explaining and providing a copy of the approved “CR&R”
Hauler Route”.
H. A notice explaining and providing a copy of the approved “Phasing
Plan” for future construction within the subdivision and that activity may
be disruptive.
SITE AND BUILDING DESIGN
(4) 7.1 Project signage shall be reviewed under separate permit and are not
part of the project approval.
(4) 7.2 Applicant and owner are responsible for ensuring that information
contained in construction drawings is consistent among architectural,
structural, grading, electrical, mechanical, plumbing, fire, utility and
public improvement plans as well as other construction drawings.
(4) 7.3 Project materials shall comply with those identified in the approved
plans and are subject to field verification. Additional color and material
samples may be requested by City staff at the time of plan check.
Substitutions to the approved materials may occur subject to the
approval of the Community Development Director. Enhancements to
the architectural detailing may be required at the time of plan check
based on the proposed materials.
(4) 7.4 All mechanical and electrical 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 located adjacent to
Irvine Boulevard shall be both painted to blend with the adjacent
building and be screened by adequate landscaping; together paint and
landscaping shall be provided to minimize visual impacts of the
equipment.
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(4) 7.5 Balcony run-off shall be integrated into the building structure and storm
drain system. Balcony drain water shall not drain down the side of
balconies and/or building exterior.
(4) 7.6 Construction drawings shall specify use of anti-graffiti products for
treatment of both sides of the wall along the property line.
(4) 7.7
All utilities shall be placed underground pursuant to TCC 9271.
LANDSCAPING
(1, 6) 8.1 At plan check, complete detailed landscaping and irrigation plans for all
landscaping areas are required, consistent with the approved landscape
plans, City Council Ordinance 1465, adopted Guidelines for
Implementation of the Water Efficient Landscape Ordinance and Section
9266e of the TCC.
NOISE
(1) 9.1 Prior to the issuance of a building permit, the Applicant/ Developer shall
submit a final acoustical report to the Community Development Director,
or designee, which shall identify all reasonable and feasible noise
attenuation measures to satisfy the exterior noise level standard, as
defined by the City of Tustin General Plan Noise Element and TCC
Article 4, Chapter 6, Section 4614(c).
(1) 9.2 Prior to the issuance of a building permit, the Applicant/ Developer shall
submit a final acoustical report to the Community Development Director,
or designee, that demonstrates that the interior noise levels in all
habitable rooms will satisfy the 45 dBA CNEL interior noise level
standard of the City of Tustin General Plan Noise Element, Article 4,
Chapter 6, Section 4615 of the TCC, and Title 24, Part 2, of the
California Building Code.
ORANGE COUNTY FIRE AUTHORITY
(1, 5) 10.1 Prior to Final Map approval or issuance of a precise grading permit, the
applicant shall submit a Fire Master Plan (service code PR145) and Final
Tract Map for review and pay all fees associated therewith.
(1, 5) 10.2 Prior to issuance of building permits, the applicant shall submit plans for
residential fire sprinklers, sprinkler monitoring system and fire alarm
system. A detailed plan of the roof deck shall be included with the plans to
clarify the occupancy and alarm and/or sprinklers for the roof deck.
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(1, 5) 10.3 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 (5) days in advance to schedule the
lumber drop inspection.
(1, 5) 10.4 Prior to commencement of construction, applicant shall attend a pre-
construction meeting with an OCFA inspector.
WATER QUALITY MANAGEMENT PLAN
(1) 11.1 This development shall comply with all applicable provisions of the
City of Tustin Water Quality Ordinance and all Federal, State, and
Regional Water Quality Control Board rules and regulations.
(1) 11.2 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 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) 11.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of
two-thousand-eight-hundred-thirty-five dollars ($2,835.00) to the
Public Works Department for the estimated cost of reviewing the
WQMP.
(1) 11.4 Prior to issuance of any permits, the applicant shall record a
“Covenant and Agreement Regarding O & M Plan to Fund and
Maintain Water Quality BMPs, Consent to Inspect, and
Indemnification” with the County Clerk-Recorder. 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) 11.5 Prior to issuance of any grading permit, the applicant shall submit a
copy of the Notice of Intent (NOI) indicating that coverage has been
obtained under the National Pollutant Discharge Elimination System
(NPDES) State General Permit for Storm Water Discharges
Associated with Construction Activity from the State Water Resources
Quality Control Board.
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(1) 11.6 Prior to approval of the final WQMP, the applicant shall perform
percolation testing at the location of the proposed BMPs, currently
obstructed by existing buildings. Revised BMP sizing calculations
shall be provided using the proven infiltration rate with an appropriate
factor of safety applied, as specified in the Technical Guidance
Document (TGD). BMP selection and design shall be revised, as
necessary.
(1) 11.7 Final hydrology plans shall be submitted to the City for review based
upon the project’s final design calculations and project elements.
STREET IMPROVEMENTS
(1) 12.1 Prior to issuance of a Certificate of Occupancy, the applicant shall
complete street improvements on Irvine Boulevard along the project
frontage consisting of:
a. Proposed driveway apron(s) on Irvine Boulevard shall be designed
and constructed per the current City of Tustin Commercial Driveway
Standard No. 210 with minimum radius of twenty-five (25) feet with
modified curb ramp design.
b. The applicant shall remove the existing driveway aprons and design
and construct new curb and gutter and sidewalk at the old driveway
locations along the project frontage.
c. To accommodate the proposed Irvine Boulevard driveway apron
location, the applicant shall relocate the existing City owned street
light, at the applicant’s cost. The applicant shall coordinate and
obtain the necessary approval for redirection of power to the new
pole location with Southern California Edison, at the applicant’s
cost.
d. The applicant shall construct and/or replace any missing or
damaged public improvements adjacent to this development.
(1) 12.2 The applicant shall design and construct the landscape and irrigation
system along the project frontage on Irvine Boulevard. The project
parkway landscape improvements shall meet the most current City of
Tustin Public Works Standard Drawings and follow the
recommendations of the final Sight Distance Analysis for the Irvine
Boulevard Residential Project by Linscott Law & Greenspan. Street
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trees recommended for eastbound Irvine Boulevard are based on the
Sight Distance Analysis: 36” box Quillaja Saponaria and Tristania
laurina. Alternative street trees and size shall be reviewed and
approved by the City’s Arborist.
(1) 12.3 Prior to any work in the public right-of-way, an Encroachment Permit
shall be obtained from and applicable fees paid to the Public Works
Department.
(1) 12.4 Prior to issuance of a grading permit and an Encroachment Permit,
the applicant shall submit to the Public Works Department 24” x 36”
reproducible public 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. 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) 12.5 Current Federal Americans with Disabilities Act (ADA) requirements
shall be met at all driveways and sidewalks adjacent to the site. City
of Tustin standards shall apply, unless otherwise approved by the City
Engineer.
WATER IMPROVEMENTS
(1) 13.1 In accordance with the plans, a backflow prevention device may be
required to protect the public water system from cross connections.
a. If a Double Check Detector Assembly (DCDA) is required, an
easement for public utility access purposes must be dedicated to
the City of Tustin. The easement shall start from the public right-
of-way up to the DCDA with a minimum distance of five (5) feet all
around the DCDA to allow for unobstructed access, inspection,
testing, and maintenance.
b. If a building sprinkler system is required by the Orange County Fire
Authority (OCFA), the applicant shall be required to provide a
backflow prevention device at his or her expense to prevent cross
contamination with the public water system.
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c. If the applicant proposes to use an irrigation system, then a
separate water meter shall 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) 13.2 The applicant is responsible for all costs related to the installation,
upgrade, alteration, relocation or abandonment of all existing City of
Tustin public water facilities affected by the proposed project.
(1, 5) 13.3 If an onsite public domestic water main is proposed, it shall be a
looped system with two (2) points of connections to the main on Irvine
Boulevard.
(1, 5) 13.4 Prior to issuance of a grading permit or receiving water services,
whichever occurs first, the applicant shall submit a water permit
application to East Orange County Water District (EOCWD), and is
responsible for all application, connection and other EOCWD fees.
(1, 5) 13.5 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 OCFA. Plans meeting OCFA fire
protection requirements must be stamped and approved by that
agency.
(1) 13.6 The proposed domestic water system plans must conform to all
applicable regulations enforced by the Orange County Health
Department.
SOLID WASTE RECYCLING CONDITIONS
(1, 3) 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 (TCC Section
4351, et al) to recycle at least sixty-five (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 fifty dollar ($50.00)
application fee and a cash security deposit. Based on the
review of the submitted Waste Management Plan, the cash
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security in the amount of five (5) percent of the project’s
valuation as determined by the Building Official, rounded to the
nearest thousand. The deposit amount shall be collected in
accordance with the TCC.
c. Prior to the issuance of any permit, the applicant shall submit
the required security deposit in the form of cash, cashier’s
check, personal check, or money order made payable to the
“City of Tustin”.
(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. For residential properties assigned containers for their
individual use, placement of containers for collection by the
City’s contracted hauler shall be adjacent to the specific
residence for which they are assigned with no less than one (1)
foot of space between containers. Driveways must be fully
accessible at all times. Placement of containers for collection
must allow for ADA access in accordance with Section 16.
d. All developments that plan for the use of carts in residential
projects needs to account for the collection of three (3) waste
streams: trash, recycling, and organics. For residential units
with limited landscaped areas, a fair design standard is one (1)
90-gallon cart for trash, one (1) 90-gallon cart for recycling, and
one (1) 65-gallon cart for organics. This represents the largest
size containers that will be offered to these units.
MISCELLANEOUS PUBLIC WORKS CONDITIONS
(1) 15.1 Prior to issuance of a Building Permit(s), the applicant shall provide
written approval from the East Orange County Water District for
sanitary sewer service connections to the City of Tustin.
(1) 15.2 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
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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 linotype conventions are AutoCAD-based
(latest version available upon request from the Public Works
Department). The CADD files shall be submitted to the City at the time
plans are approved, and updated CADD files reflecting “as built”
conditions shall be submitted once all construction has been
completed. No project bonds will be released until acceptable “as
built” CADD files have been submitted to the City.
(1) 15.3 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 for the development.
BUILDING PLAN SUBMITTAL
(1) 16.1 The final approved conditions of approval shall be reprinted on the first
or second page of the construction documents when submitting to the
Building Department for the plan check process.
(1, 3) 16.2 At the time of building permit application, the plans shall comply with
the latest edition of the codes, City Ordinances, State and Federal
laws, and regulations as adopted by the Tustin City Council. If the
permit application for the buildings are submitted after January 1,
2023, the Buildings must comply with the 2022 California Code series.
(1) 16.3 Prior to the issuance of the demolition permit, the Developer shall
submit plans to the Community Development Director for fencing or
other temporary enclosure to shield the project site from pedestrian
and vehicular view on Irvine Boulevard and Prospect Avenue, and
properties along the property line for review and approval. Such
fencing or enclosure shall remain in place until the project is
completed.
(1) 16.4 Prior to the issuance of building permits, the applicant shall submit a
photometric lighting plan showing compliance with the Tustin Security
Code, which requires a minimum one foot-candle of light on the private
drives and parking surfaces and a minimum of one-quarter foot-candle
of light on the walking surfaces. The lighting plan is to be overlaid onto
a tree landscape plan.
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(1) 16.5 A soils report is required for all new residential construction. A soils
report addressing foundation and seismic designs shall be provided
for review with the construction documents.
(1) 16.6 Fire sprinklers shall be required in all newly constructed buildings. The
detached single-family and duplex townhome units shall be fire
sprinklered in accordance with NFPA 13-D. CBC 903.3.1.3.
(1) 16.7 All direct service overhead powerlines serving the property shall be
located underground pursuant to TCC 9271.
(1) 16.8 Prior to issuance of a grading permit, the applicant or developer shall
provide “will-serve” letters from all utility providers.
(1, 2) 16.9 Prior to issuance of grading permit and building permit, a revised
Mitigation Monitoring and Reporting Program (MMRP)
matrix/spreadsheet shall be submitted to the City, as applicable, for
review and compliance with the mitigation measures for 17802 Irvine
Boulevard Residential Project MND dated September 2022. See
conditions under Environmental/CEQA section below starting at COA
#18.1.
(1, 2) 16.10 Prior to Certificate of Occupancy, the project shall demonstrate
compliance with all applicable mitigation measures in the MMRP for
17802 Irvine Boulevard Residential Project MND dated September
2022. A final mitigation monitoring matrix/spreadsheet shall be
submitted to the City.
FEES
(1, 5) 17.1 Prior to issuance of a Certificate of Occupancy for a residential unit of
the project, Developer shall pay a per unit park in-lieu fee, as each
certificate of occupancy is issued by the City.
(1, 5) 17.2 Prior to issuance of a Building Permit(s), payment of the most current
Major Thoroughfare and Bridge Fees (for the Foothill/Eastern
Transportation Corridor Agency (TCA)) to the City of Tustin (through
the Public Works Department) shall be required. The fee rate
schedule automatically increases on July 1st of each year.
(1, 5) 17.3 Developer shall pay an affordable housing in-lieu fee in the amount
and timeframe specified in the executed associated Housing Incentive
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Agreement.
(1) 17.4 Within forty-eight (48) hours of final approval of the project, the applicant
shall deliver to the Community Development Department, a CASHIER'S
CHECK payable to the County Clerk in the amount of fifty dollars
($50.00) and a CASHIER’S CHECK payable to the California
Department of Fish & Wildlife (CDFW) in the amount of Two thousand
five hundred and forty eight dollars ($2,548.00), or in the current CDFW
fee at the time of filing, 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.
ENVIRONMENTAL / MITIGATED NEGATIVE DECLARATION
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
MITIGATION MEASURES
(2) 18.1 The project shall comply with the MMRP for 17802 Irvine Boulevard
Residential Project MND dated September 2022 (PC Resolution 4461).
Mitigation Measure BIO-1: Migratory Bird Treaty Act. Prior to
commencement of grading activities, the City Building Division shall
verify that, in the event that vegetation and tree removal activities
occur within the active breeding season for birds (February 1–
September 15), the Project applicant (or their Construction Contractor)
shall retain a qualified biologist (meaning a professional biologist that
is familiar with local birds and their nesting behaviors) to conduct a
nesting bird survey no more than three (3) days prior to
commencement of construction activities.
The nesting survey shall include the Project site and areas
immediately adjacent to the site that could potentially be affected by
Project-related construction activities, such as noise, human activity,
and dust, etc. If active nesting of birds is observed within 100 feet of
the designated construction area prior to construction, the qualified
biologist shall establish an appropriate buffer around the active nests
(e.g., as much as 500 feet for raptors and 300 feet for non-raptors
[subject to the recommendations of the qualified biologist]), and the
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buffer areas shall be avoided until the nests are no longer occupied
and the juvenile birds can survive independently from the nests.
Mitigation Measure CUL-1: Inadvertent Discovery. In the event that
potential archaeological resources are discovered during excavation,
grading, or construction activities, work shall cease within fifty (50) feet
of the find until a qualified archaeologist from the City or County List
of Qualified Archaeologists has evaluated the find to determine
whether the find constitutes a “unique archaeological resource,” as
defined in Section 21083.2(g) of the California Public Resources
Code. Any resources identified shall be treated in accordance with
California Public Resources Code Section 21083.2(g). If the
discovered resource(s) appears Native American in origin, a Native
American Monitor shall be contacted to evaluate any potential tribal
cultural resource(s) and shall have the opportunity to consult on
appropriate treatment and curation of these resources. The discovery
would also be reported to the City and the South Central Coastal
Information Center (SCCIC). Prior to the issuance of any permits for
ground-disturbing activities that include the excavation of soils
(including as grading, excavation, and trenching), the City of Tustin
shall ensure that all Project grading and construction plans and
specifications include requirement to halt construction activity and
contact an archaeologist as specified above.
Mitigation Measure PAL-1: Paleontological Resources. Prior to
issuance of a grading permit, the City of Tustin Building Division shall
verify that all Project grading and construction plans and specifications
state that in the event that potential paleontological resources are
discovered during earth disturbance activities, the discovery shall be
cordoned off with a 100-foot radius buffer so as to protect the
discovery from further potential damage until a qualified paleontologist
(i.e., a practicing paleontologist that is recognized in the
paleontological community and is proficient in vertebrate
paleontology) from the City or County List of Qualified Paleontologists
has evaluated the find in accordance with Federal and State
regulations. Construction personnel shall not collect or move any
paleontological materials and associated materials.
If the discovery is determined to be significant by the paleontologist, a
Paleontological Resources Impact Mitigation Plan (PRIMP) shall be
implemented, which will include notification of appropriate personnel
involved and monitoring of earth disturbance activities:
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1. Monitoring of mass grading and excavation activities in areas
identified as likely to contain paleontological resources shall be
performed by a qualified paleontologist or paleontological monitor.
Monitoring will be conducted full-time in areas of grading or
excavation in undisturbed sedimentary deposits.
2. Paleontological monitors will be equipped to salvage fossils as
they are unearthed to avoid construction delays. The monitor must
be empowered to temporarily halt or divert equipment to allow
removal of abundant or large specimens in a timely manner.
Monitoring may be reduced if the potentially fossiliferous units are
not present in the subsurface, or, if present, are determined on
exposure and examination by qualified paleontological personnel
to have low potential to contain fossil resources. The monitor shall
notify the project paleontologist, who will then notify the concerned
parties of the discovery.
3. Paleontological salvage during trenching and boring activities is
typically from the generated spoils and does not delay the
trenching or drilling activities. Fossils are collected and placed in
cardboard flats or plastic buckets and identified by field number,
collector, and date collected. Notes are taken on the map location
and stratigraphy of the site, which is photographed before it is
vacated, and the fossils are removed to a safe place. On mass
grading projects, discovered fossil sites are protected by flagging
to prevent them from being overrun by earthmovers (scrapers)
before salvage begins. Fossils are collected in a similar manner,
with notes and photographs being taken before removing the
fossils. Precise location of the site is determined with the use of
handheld GPS units. If the site involves remains from a large
terrestrial vertebrate, such as large bone(s) or a mammoth tusk,
that is/are too large to be easily removed by a single monitor, a
fossil recovery crew shall excavate around the find, encase the find
within a plaster and burlap jacket, and remove it after the plaster is
set. For large fossils, use of the contractor’s construction
equipment may be solicited to help remove the jacket to a safe
location.
4. Isolated fossils are collected by hand, wrapped in paper, and
placed in temporary collecting flats or five-gallon buckets. Notes
are taken on the map location and stratigraphy of the site, which is
photographed before it is vacated, and the fossils are removed to
a safe place.
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5. Particularly small invertebrate fossils typically represent multiple
specimens of a limited number of organisms, and a scientifically
suitable sample can be obtained from one (1) to several five (5)-
gallon buckets of fossiliferous sediment. If it is possible to dry
screen the sediment in the field, a concentrated sample may
consist of one (1) or two (2) buckets of material. For vertebrate
fossils, the test is usually the observed presence of small pieces of
bones within the sediments. If present, as many as twenty (20) to
forty (40) five (5)-gallon buckets of sediment can be collected and
returned to a separate facility to wet screen the sediment.
6. In accordance with the “Microfossil Salvage” section of the Society
of Vertebrate Paleontology guidelines (2010:7), bulk sampling and
screening of fine-grained sedimentary deposits (including
carbonate-rich paleosols) must be performed if the deposits are
identified to possess indications of producing fossil
“microvertebrates” to Paleontological Assessment for the 17802
Irvine Boulevard Project test the feasibility of the deposit to yield
fossil bones and teeth.
7. In the laboratory, individual fossils are cleaned of extraneous
matrix, any breaks are repaired, and the specimen, if needed, is
stabilized by soaking in an archivally approved acrylic hardener
(e.g., a solution of acetone and Paraloid B-72).
8. Recovered specimens are prepared to a point of identification and
permanent preservation (not display), including screen-washing
sediments to recover small invertebrates and vertebrates.
Preparation of individual vertebrate fossils is often more time-
consuming than for accumulations of invertebrate fossils.
9. Identification and curation of specimens into a professional,
accredited public museum repository with a commitment to
archival conservation and permanent retrievable storage (e.g., the
former Cooper Center facility of OC Parks) shall be conducted. The
paleontological program should include a written repository
agreement prior to the initiation of mitigation activities. Prior to
curation, the lead agency (e.g., the City of Tustin) will be consulted
on the repository/museum to receive the fossil material.
10. A final report of findings and significance will be prepared,
including lists of all fossils recovered and necessary maps and
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graphics to accurately record their original location(s). The report,
when submitted to, and accepted by, the appropriate lead agency,
will signify satisfactory completion of the project program to
mitigate impacts to any potential nonrenewable paleontological
resources (i.e., fossils) that might have been lost or otherwise
adversely affected without such a program in place.
Mitigation Measure TCR-1: Retain a Native American Monitor Prior to
Commencement of Ground-Disturbing Activities.
1. The project applicant/ lead agency shall retain a Native American
Monitor from or approved by the Gabrieleño Band of Mission
Indians – Kizh Nation. The monitor shall be retained prior to the
commencement of any “ground-disturbing activity” for the subject
project at all project locations (i.e., both on-site and any off-site
locations that are included in the project description/definition
and/or required in connection with the project, such as public
improvement work). “Ground-disturbing activity” shall include, but
is not limited to, demolition, pavement removal, potholing,
auguring, grubbing, tree removal, boring, grading, excavation,
drilling, and trenching.
2. A copy of the executed monitoring agreement shall be submitted
to the lead agency prior to the earlier of the commencement of any
ground-disturbing activity, or the issuance of any permit necessary
to commence a ground-disturbing activity.
3. The monitor will complete daily monitoring logs that will provide
descriptions of the relevant ground-disturbing activities, the type of
construction activities performed, locations of ground-disturbing
activities, soil types, cultural-related materials, and any other facts,
conditions, materials, or discoveries of significance to the Tribe.
Monitor logs will identify and describe any discovered TCRs,
including but not limited to, Native American cultural and historical
artifacts, remains, places of significance, etc., (collectively, tribal
cultural resources, or “TCR”), as well as any discovered Native
American (ancestral) human remains and burial goods. Copies of
monitor logs will be provided to the project applicant/lead agency
upon written request to the Tribe.
4. On-site tribal monitoring shall conclude upon the latter of the
following (1) written confirmation to the Kizh from a designated
point of contact for the project applicant/lead agency that all
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ground-disturbing activities and phases that may involve ground-
disturbing activities on the project site or in connection with the
project are complete; or (2) a determination and written notification
by the Kizh to the project applicant/lead agency that no future,
planned construction activity and/or development/construction
phase at the project site possesses the potential to impact Kizh
TCRs.
5. Upon discovery of any TCRs, all construction activities in the
immediate vicinity of the discovery shall cease (i.e., not less than
the surrounding 50 feet) and shall not resume until the discovered
TCR has been fully assessed by the Kizh monitor and/or Kizh
archaeologist. The Kizh will recover and retain all discovered
TCRs in the form and/or manner the Tribe deems appropriate, in
the Tribe’s sole discretion, and for any purpose the Tribe deems
appropriate, including for educational, cultural and/or historic
purposes.
Mitigation Measure TCR-2: Unanticipated Discovery of Human
Remains and Associated Funerary Objects.
1. Native American human remains are defined in PRC 5097.98
(d)(1) as an inhumation or cremation, and in any state of
decomposition or skeletal completeness. Funerary objects, called
associated grave goods in Public Resources Code Section
5097.98, are also to be treated according to this statute.
2. If Native American human remains and/or grave goods discovered
or recognized on the project site, then all construction activities
shall immediately cease. Health and Safety Code Section 7050.5
dictates that any discoveries of human skeletal material shall be
immediately reported to the County Coroner and all ground-
disturbing activities shall immediately halt and shall remain halted
until the coroner has determined the nature of the remains. If the
coroner recognizes the human remains to be those of a Native
American or has reason to believe they are Native American, he
or she shall contact, by telephone within 24 hours, the Native
American Heritage Commission, and Public Resources Code
Section 5097.98 shall be followed.
3. Human remains and grave/burial goods shall be treated alike per
California Public Resources Code section 5097.98(d)(1) and (2).
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4. Construction activities may resume in other parts of the project site
at a minimum of 200 feet away from discovered human remains
and/or burial goods, if the Kizh determines in its sole discretion that
resuming construction activities at that distance is acceptable and
provides the project manager express consent of that
determination (along with any other mitigation measures the Kizh
monitor and/or archaeologist deems necessary). (CEQA
Guidelines Section 15064.5(f).)
5. Preservation in place (i.e., avoidance) is the preferred manner of
treatment for discovered human remains and/or burial goods. Any
historic archaeological material that is not Native American in
origin (non-TCR) shall be curated at a public, non-profit institution
with a research interest in the materials, such as the Natural
History Museum of Los Angeles County or the Fowler Museum, if
such an institution agrees to accept the material. If no institution
accepts the archaeological material, it shall be offered to a local
school or historical society in the area for educational purposes.
6. Any discovery of human remains/burial goods shall be kept
confidential to prevent further disturbance.
Mitigation Measure TCR-3: Procedures for Burials and Funerary
Remains.
1. As the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial
Policy shall be implemented. To the Tribe, the term “human
remains” encompasses more than human bones. In ancient as
well as historic times, Tribal Traditions included, but were not
limited to, the preparation of the soil for burial, the burial of funerary
objects with the deceased, and the ceremonial burning of human
remains.
2. If the discovery of human remains includes four (4) or more burials,
the discovery location shall be treated as a cemetery and a
separate treatment plan shall be created.
3. The prepared soil and cremation soils are to be treated in the same
manner as bone fragments that remain intact. Associated funerary
objects are objects that, as part of the death rite or ceremony of a
culture, are reasonably believed to have been placed with
individual human remains either at the time of death or later; other
items made exclusively for burial purposes or to contain human
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remains can also be considered as associated funerary objects.
Cremations will either be removed in bulk or by means as
necessary to ensure complete recovery of all sacred materials.
4. In the case where discovered human remains cannot be fully
documented and recovered on the same day, the remains will be
covered with muslin cloth and a steel plate that can be moved by
heavy equipment placed over the excavation opening to protect
the remains. If this type of steel plate is not available, a 24-hour
guard should be posted outside of working hours. The Tribe will
make every effort to recommend diverting the project and keeping
the remains in situ and protected. If the project cannot be diverted,
it may be determined that burials will be removed.
5. In the event preservation in place is not possible despite good faith
efforts by the project applicant/developer and/or landowner, before
ground-disturbing activities may resume on the project site, the
landowner shall arrange a designated site location within the
footprint of the project for the respectful reburial of the human
remains and/or ceremonial objects.
6. Each occurrence of human remains and associated funerary
objects will be stored using opaque cloth bags. All human remains,
funerary objects, sacred objects and objects of cultural patrimony
will be removed to a secure container on site if possible. These
items should be retained and reburied within six (6) months of
recovery. The site of reburial/repatriation shall be on the project
site but at a location agreed upon between the Tribe and the
landowner at a site to be protected in perpetuity. There shall be
no publicity regarding any cultural materials recovered.
7. The Tribe will work closely with the project’s qualified archaeologist
to ensure that the excavation is treated carefully, ethically and
respectfully. If data recovery is approved by the Tribe,
documentation shall be prepared and shall include (at a minimum)
detailed descriptive notes and sketches. All data recovery data
recovery-related forms of documentation shall be approved in
advance by the Tribe. If any data recovery is performed, once
complete, a final report shall be submitted to the Tribe and the
NAHC. The Tribe does NOT authorize any scientific study or the
utilization of any invasive and/or destructive diagnostics on human
remains.
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MMRP – PLANS, PROGRAMS, POLICIES
(1) 18.2 PPP AES-1: Lighting. Prior to issuance of building permits, the
applicant shall submit a photometric lighting plan to the Building
Division showing compliance with TCC Section 8102, which requires
a minimum of one (1) foot candle of light on the private drives and
parking surfaces and a minimum of one-quarter foot-candle of light on
the walking surfaces. The photometric plan must also show no light
spillage pursuant to TCC Section 9271(hh).
(1) 18.3 PPP AQ-1: Rule 402. Project construction plans and specifications
shall state that the Project is required to comply with the provisions of
South Coast Air Quality Management District (SCAQMD) Rule 402.
The Project shall not discharge from any source whatsoever such
quantities of air contaminants or other material which cause injury,
detriment, nuisance, or annoyance to any considerable number of
persons or to the public, or which endanger the comfort, repose, health
or safety of any such persons or the public, or which cause, or have a
natural tendency to cause, injury or damage to business or property.
(1) 18.4 PPP AQ-2: Rule 403. The construction plans and specifications shall
state that the Project is required to comply with the provisions of
SCAQMD Rule 403, which includes the following:
a. All clearing, grading, earth-moving, or excavation activities shall
cease when winds exceed twenty-five (25) mph per SCAQMD
guidelines in order to limit fugitive dust emissions.
b. The contractor shall ensure that all disturbed unpaved roads and
disturbed areas within the project are watered, with complete
coverage of disturbed areas, at least three (3) times daily during
dry weather; preferably in the mid-morning, afternoon, and after
work is done for the day.
c. The contractor shall ensure that traffic speeds on unpaved roads
and project site areas are reduced to fifteen (15) miles per hour or
less.
(1)
18.5 PPP AQ-3: Rule 1113. The construction plans and specifications shall
state that the Project is required to comply with the provisions of
SCAQMD Rule 1113. Only “Low-Volatile Organic Compounds” paints
(no more than 50 gram/liter of VOC) and/or High Pressure Low
Volume (HPLV) applications shall be used.
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(1) 18.6 PPP CUL-1: Human Remains. In the event that human remains are
encountered on the Project site, work within 50 feet of the discovery
shall cease and the County Coroner shall be notified immediately
consistent with the requirements of California Code of Regulations
(CCR) Section 15064.5(e). State Health and Safety Code Section
7050.5 states that no further disturbance shall occur until the County
Coroner has made a determination of origin and disposition pursuant
to Public Resources Code (PRC) Section 5097.98. Prior to the
issuance of grading permits, the City Community and Planning,
Building, and Code Enforcement Department Director, or designee,
shall verify that all grading plans specify the requirements of CCR
Section 15064.5(e), State Health and Safety Code Section 7050.5,
and PRC Section 5097.98, as stated above.
(1) 18.7 PPP E-1. CALGreen Compliance: The Project is required to comply
with the CALGreen Building Standards Code as included in TCC
Section 8100 to ensure efficient use of energy. CALGreen
specifications are required to be incorporated into building plans as a
condition of building permit approval.
(1) 18.8 PPP E-2: Idling Regulations. The Project is required to comply with
California Air Resources Board (CARB) Rule 2485 (13 CCR, Chapter
10 Section 2485), Airborne Toxic Control Measure to Limit Diesel-
Fueled Commercial Motor Vehicle Idling.
(1) 18.9 PPP GEO-1: California Building Code. The project is required to
comply with the California Building Code as included in TCC Article 8,
Chapter 1, Section 8100 to preclude significant adverse effects
associated with seismic hazards. California Building Code related and
geologist and/or civil engineer specifications for the project are
required to be incorporated into grading plans and specifications as a
condition of project approval.
(1) 18.10 PPP HAZ-1: SCAQMD Rule 1403, Asbestos. Prior to issuance of
demolition permits, the Project applicant shall submit verification to the
City Building Division that an asbestos survey has been conducted at
all existing buildings located on the Project site. If asbestos is found,
the Project applicant shall follow all procedural requirements and
regulations SCAQMD Rule 1403. Rule 1403 regulations require that
the following actions be taken: notification of SCAQMD prior to
construction activity, asbestos removal in accordance with prescribed
procedures, placement of collected asbestos in leak-tight containers
or wrapping, and proper disposal.
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(1) 18.11 PPP HAZ-2: Lead Based Paint. Prior to issuance of demolition
permits, the Project applicant shall submit verification to the City
Building Division that a lead-based paint survey has been conducted
at all existing buildings located on the Project site. If lead-based paint
is found, the Project applicant shall follow all procedural requirements
and regulations for proper removal and disposal of the lead-based
paint. Cal-OSHA has established limits of exposure to lead contained
in dusts and fumes. Specifically, CCR Title 8, Section 1532.1 provides
for exposure limits, exposure monitoring, and respiratory protection,
and mandates good working practices by workers exposed to lead.
(1) 18.12 PPP WQ-1: NPDES/SWPPP. Prior to issuance of any grading or
demolition permits, the applicant shall provide the City Building
Division evidence of compliance with the NPDES (National Pollutant
Discharge Elimination System) requirement to obtain a construction
permit from the State Water Resource Control Board (SWRCB). The
permit requirement applies to grading and construction sites of one
acre or larger. The Project applicant/proponent shall comply by
submitting a Notice of Intent (NOI) and by developing and
implementing a Stormwater Pollution Prevention Plan (SWPPP) and
a monitoring program and reporting plan for the construction site.
(1) 18.13 PPP WQ-2: WQMP. Prior to the approval of the Grading Plan and
issuance of Grading Permits a completed Water Quality Management
Plan (WQMP) shall be prepared by the Project applicant and
submitted to and approved by the City Public Works Division. The
WQMP shall identify all Post-Construction, Site Design. Source
Control, and Treatment Control Best Management Practices (BMPs)
that will be incorporated into the development Project in order to
minimize the adverse effects on receiving waters.
(1) 18.14 PPP N-1: TCC Section 4616(2) regarding Specific Disturbing Noises
Prohibited. Construction, repairing, remodeling or demolition and
grading. The erection, demolition, alteration, repair, excavation,
grading, paving or construction of any building or site is prohibited
between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday
and 5:00 p.m. and 9:00 a.m. on Saturdays and during all hours
Sundays and city observed federal holidays. Trucks, vehicles and
equipment that are making or are involved with material deliveries,
loading or transfer of materials, equipment service, maintenance of
any devices or appurtenances to any construction project in the City
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shall not be operated on or adjacent to said sites outside of the
approved hours for construction activity.
(1) 18.15 PPP PS-1: Schools Development Impact Fees. Prior to issuance of
building permit, the Project shall pay applicable development fees
levied by the Tustin Unified School District pursuant to the School
Facilities Act (Senate Bill [SB] 50, Stats. 1998, c.407).
(1) 18.16 PPP PS-2: Park Fees. As a condition of the approval of a tentative
map, the Project shall pay applicable park related fees pursuant to
TCC Section 9331.
(1) 18.17 PPP UT-1: Solid Waste. As required by Section 5.408.1 of the 2019
California Green Building Standards Code, and AB 341 the Project
shall implement a Waste Management Plan to ensure that the
construction and operational diversion requirements would be met.
(1) 18.18 PPP UT-2: Organic Waste Disposal. As required by SB 1383, organic
waste, including yard trimmings and food waste, will be diverted from
landfills through City organic waste recycling services.
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EXHIBIT B: TENTATIVE TRACT MAP (TTM) 19224
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0
SCALE: 1" = 30'
15 30 60
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TRANS
PA
RK
I
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NO
0
1" = 20'
10 20 40
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TRANS
PA
R
KI
N
G
NO
0
SCALE: 1" = 20'
10 20 40
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PA
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30"
18"
1
2
2
3
FIRE LANE
0
1" = 20'
10 20 40
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