HomeMy WebLinkAbout02 PC REPORT 14192 YORBA STREET •
AGENDA REPORT
�,;� _- ITEM #2
MEETING DATE: MAY 9, 2023
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2021-0027 AND DESIGN REVIEW
2021-0014
APPLICANT/ SAM OLSON
PROPERTY PACIFIC LEGACY REAL ESTATE & INVESTMENTS
OWNER: 17853 SANTIAGO BOULEVARD, SUITE 107-484
VILLA PARK, CA 92861
LOCATION: 14192 YORBA STREET
GENERAL PLAN: LOW DENSITY RESIDENTIAL (LDR)
ZONING: PLANNED COMMUNITY RESIDENTIAL (PC-R3)
ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT
PURSUANT TO SECTION 15332 (CLASS 32), SECTION
15303 (CLASS 3), AND SECTION 15331 (CLASS 31) OF
TITLE 14, CHAPTER 3 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST:
1 . CONDITIONAL USE PERMIT (CUP) 2021-0027 TO
AUTHORIZE CONSTRUCTION OF A MULTI-FAMILY
RESIDENTIAL PLANNED DEVELOPMENT
COMPRISED OF THREE (3) NEW ONE-STORY
DWELLINGS WITH ACCESSORY STRUCTURES AND
THE PRESERVATION OF ONE (1), ONE-STORY
DWELLING IDENTIFIED AS A HISTORIC RESOURCE.
2. DESIGN REVIEW (DR) 2021-0014 FOR SITE LAYOUT
AND BUILDING DESIGN.
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CUP 2021-0027 and DR 2021-0014
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Rendering— View from Yorba St. (Proposed Project)
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4470, approving CUP 2021-0027
to authorize construction of a residential planned development and DR 2021-0014 for
the site layout and building design for a multi-family project consisting of three (3) new,
one-story detached dwellings and the preservation of an existing one-story dwelling
identified as a historic resource, located on a single lot at 14192 Yorba Street.
APPROVAL AUTHORITY:
1 . Conditional Use Permit - Pursuant to Tustin City Code (TCC) Section 9244(e),
a CUP is required prior to the construction of a planned community. In
accordance with Section 9291 of the TCC, the Planning Commission shall
make determinations on application requests for CUPs.
2. Design Review - TCC Section 9272 authorizes the Community Development
Director to consider the subject DR application-, however, since the proposal
includes an entitlement application that requires Planning Commission
approval, DR 2021-0014 is forwarded to the Planning Commission for
concurrent consideration for site layout and building design.
BACKGROUND:
In 1971 , the City Council adopted Ordinance 487, re-zoning the project site and the
condominium development to the north of the project site from R-1 (Single Family
Residential) to PC-R3 (Planned Community Multiple Family) District. The purpose of the
Planned Community (PC) District is to allow diversification of the relationships of various
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CUP 2021-0027 and DR 2021-0014
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buildings, structures and open spaces in planned building groups while ensuring
substantial compliance with the district regulations and consistency with the provisions of
TCC 9244 for PC Districts. The amenities and compatibilities of PC Districts are to be
ensured through the adoption of a Development Plan and/or the approval of CUPs.
Ordinance 487 also established specific development standards (PC-R3 regulations)
applicable to the PC-R3 zone that will be discussed later in this report.
Site and Surrounding Properties
The 0.63-acre project site is located within the PC-R3 zoning district and is designated
as Low Density Residential (LDR) within the City's General Plan (Figure 1). The project
site is bounded by Yorba Street to the west, a condominium complex to the north zoned
PC-R3, and single-family residences to the east and south of the project site zoned R-1 .
Across Yorba Street to the west are two-story office buildings zoned Professional (PR).
The property currently consists of one (1) existing 2,328 square-foot, one-story dwelling
constructed in 1904 and two (2) accessory structures, including a detached garage and
workshop. The existing one-story dwelling is listed in the City's 2021 Historic Resources
Survey (Attachment D).
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DISCUSSION:
Project Description
The applicant's request to establish a multi-family Planned Community includes the
following:
• Construction of three (3) new one-story, detached dwellings ranging from 1,826 to
1,875 square feet.
• The preservation and protection of a one-story historic dwelling, which has been
incorporated into the site plan layout.
• The construction of four (4) two-car garages, one (1) guest parking stall and
demolition of two (2) non-historic structures, including a garage and workshop.
• Construction of 13,631 square feet of private and common open space, including a
common area with pool and paved walkways lined with lush landscaping
(approximately 9,923 square feet).
An isometric perspective of the proposed project from Yorba Street is provided in Figure 2
and the site layout is provided in Figure 3. Further discussion relative to the site layout is
discussed later in this report.
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Figure 2 -Isometric Perspective of Project site from Yorba Street
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CUP 2021-0027 and DR 2021-0014
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Private Open Space
Proposed Garage 91 - proposed Garage#2 - ------'—'--"-----" "— —"---"—"
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Proposed House 41
Proposed Storage Area
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< ' Existing Historic House
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Proposed House#3
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Figure 3 - Site Plan and Building Layout
Conditional Use Permit 2021-0027
As required by the PC District regulations, the establishment of the proposed residential
planned development requires an approval of a CUP. The Development Plan and/or the
approval of CUPs, maps, diagrams, amenities will ensure compatibilities among various
buildings and structures within the particular PC Districts and the surrounding
neighborhoods.
As discussed in the subsequent section of this report, the proposed site plan and
relationship of the proposed open spaces, one-story dwellings, garages and internal
circulation in relation to the existing, one-story historic structure, sets the stage for a
planned development that is in substantial compliance with the PC-R3 regulations, R-3
development standards and provisions of TCC 9244. Findings in support of the CUP are
included in Resolution 4470. In doing so, the project's design would be consistent with the
existing residential uses adjoining the project site.
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CUP 2021-0027 and DR 2021-0014
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Design Review 2021-0014
The proposed site layout and architectural style of the proposed structures (Attachment C)
would be compatible with the preservation and protection of the existing historic dwelling
that will remain at the center of the proposed development. The project has been designed
around a central courtyard with shared amenities including a common area with a
swimming pool.
The existing multi-family condominium structures, adjacent to the north property line, are
limited to a height of one-story and was built at a density of 13.6 units per acre. The
existing single-family residential uses adjacent to the east and south property lines are
one-story, built in 1970s ranch style design at a density of seven (7) units per acre. The
proposed one-story dwelling units and accessory (garage) structures will not exceed
eighteen (18) feet in height and the project's density will not exceed four (4) units per acre.
The proposed project lay-out and scale would allow for the continued privacy for the
existing single-family residential uses that are located to the south of the project site. As
proposed, the project would be consistent with the existing residential uses in terms of
scale, density and height.
Table 1 provides a brief overview of the project's site plan layout and building design.
F Table 1 T
Site Plan and Building Layout Overview
Lot Size Approximately 0.63 acres (27,262 square feet)
Density Four (4) dwelling units per acre
Buildings/Units Total of six (6) Buildings; Garage: two (2) four (4) car garages, Units: four (4)
detached (three (3) new construction dwellings and one (1) existing dwelling to remain).
• Three (3) new residential dwellings -One-story(18 feet high)
Stories Existing single-family dwelling, one-story, 25-5" feet high (no change)
• Garage buildings -One-story; (17 feet high)
Architectural Style Contemporary-three (3) proposed detached dwellings
• Transitional- Existing Historic Resource
Product Type Multi-family; Four(4) dwelling units on one (1) lot; no subdivision proposed
• House 1: 4 bedrooms/3 bathrooms (approximately 1,873 SF)
Floor Plans/ House 2: 4 bedrooms/3 bathrooms (approximately 1,875 SF)
Bedrooms House 3: 4 bedrooms/3 bathrooms (approximately 1,826 SF)
• Existing dwelling (Historic Resource): 4 bedrooms/1 bathroom (approximately
2,328 SF)
Parking Per Unit Fully enclosed, two-car garage for each dwelling
Guest Parking One (1) uncovered guest parking space
• 3,106 SF of private open space (all new units)
Amenities 3,100 SF common open spaces, including a gated pool area
• Interior oriented development with landscaped pedestrian walkways
Ingress/Egress Centralized driveway provides a single point of entry and exit
Pedestrian access Interior walkways throughout the site and single point of access from Yorba Street
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Design, Massing and Articulation
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, and grey-colored window shutters. The location of the garages and primary
driveway are strategically placed with easy access from the proposed dwellings and
common areas. The garages are connected by internal walkways and each unit will be
assigned its own two-car garage.
The new units will include slate grey standing seam metal roofing and charcoal grey
composite shingle roofing. White, pewter or grey vertical siding are proposed along the
primary elevations of the new dwellings and white or grey stucco plaster are proposed
along the secondary elevations of the dwellings. Asymmetrical gabled roof design with
white fascia boards are proposed for all new dwelling units. While all of the buildings
would have similarities in design, each new dwelling has its own unique architectural style.
Figure 4 provides a perspective of two (2) of the proposed primary elevations of the new
residences.
Because the site includes an existing historic home, the new dwellings will also be
designed in accordance with the Secretary of the Interior's Standards Guidelines by the
use of an architectural style that subtly references the age and the character-defining
features of the existing historic home.
Asymmetrical gable
roof design
Grey composite shingle
roof
White fascia board
ram
Ir®d
Pewter vertical White vertical siding
siding Grey window shutters
Nix-
Figure 4 - Proposed Elevations of New Units
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The height of the proposed buildings will comply with the maximum allowable height of
eighteen (18) feet pursuant to the PC-R3 District as summarized in Table 2. Ground
mounted mechanical equipment and other electrical equipment would be screened from
public view as required by Conditional of Approval No. 2.18. The existing one-story
dwelling is a designated historic resource and has an existing height of twenty-five (25)
feet, five (5) inches, which will remain unchanged. Pursuant to TCC 9273, the existing
structure is a legal non-conforming structure relative to the height as the structure was built
in 1904, prior to the adoption of Ordinance 487 in 1971. Since the historic home was
constructed under prior code requirements, the structure may remain as-is. The
applicant is not proposing any alterations to the historic structure and the project plans
demonstrate that the structure will be protected and preserved at the site. Its historic
characteristics will remain intact as required by Conditions of Approval Nos. 2.3 and
2.4.
Table 2
Building Height
Maximum
Buildings Location Proposed Height Allowable Height
I (Ord. 487)
Fronting Yorba Street 17 feet 18 feet
Adjacent to the east 18 feet 18 feet
property line
Adjacent to the South 18 feet (Residential Unit) 18 feet
property line 17 feet (Garage)
Adjacent to the North 18 feet (Residential Unit) 18 feet
property line 17 feet (Garage)
Access, Circulation and Parking
Access and Circulation: The lot width of approximately 135 feet is bifurcated with a twenty-
seven (27) foot wide, two-way driveway that provides the singular entry and exit point to
the site (Figure 3). The driveway provides direct vehicular access to the four (4) enclosed
garages and one (1) surface guest parking space. Pedestrian pathways would provide
internal circulation throughout the site and connect to the proposed open space areas and
the main entrances to the four (4) residential units.
Parking: Pursuant to the PC-R3 (Ord. No. 487) District regulations, the project requires a
minimum of two (2) covered spaces for each dwelling unit that are located no more than
250 feet from the unit that the garage serves. Although PC-R3 District regulations do not
require the provision of guest parking, TCC 9263 requires one (1) unassigned guest space
for every four (4) units for multi-family residential projects. As proposed, the project meets
the requirements of both the PC-R3 regulations and the TCC. The project site has a depth
of 202 feet and would include two (2) enclosed garage parking stalls per unit (8 total) and
one (1) uncovered parking space. All garages are within 250 feet of a residence. City staff
has recommended Condition of Approval No. 2.16 that requires the proposed garages be
14192 Yorba Street
CUP 2021-0027 and DR 2021-0014
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kept free from storage or other impediments that would prevent the parking of two (2) cars
in the garage pursuant to TCC 9262(b)(2b). The garages will be assigned to a
corresponding dwelling by the property owner or property management as required by
Condition of Approval No. 2.20.
Landscaping, Common and Private Open Space and Lighting
Landscaping- Pursuant to PC-R3 (Ord. No. 487) regulations, fifty (50) percent of the lot
area shall be devoted to landscaping, lawn areas, recreational facilities, patios and
walkways. Approximately fifty (50) percent, or 13,631 square feet of open space is
proposed. The proposed landscape plan features water efficient design and includes
several different plant species across the project site. Groundcover, shrubs, succulents,
trees and vines will provide screening and aesthetic treatment along all property lines
and screening for the adjoining multi-family and single-family residential neighborhoods
(Figure 5a). All planting and irrigation shall comply with applicable water conservation
limits. Approximately 9,923 square feet of landscaping is proposed throughout the site
and is included in the overall open space requirement (Figure 5).
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SCREENING AND COLUMNAR SHRUBS
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Figure 5a -Sampling of Proposed Landscape Planting Palette
Common and Private Open Space:
A total of two (2) common open space areas are designed within the project site to
promote passive or active lifestyles, highlighted by an approximate 1 ,184 square foot
central open area located to the rear of the historic resource. The area includes a
synthetic turf open area that is surrounded by walkways and the proposed residential
units. A 1 ,795 square foot pool area is proposed along the northerly portion of the site.
The pool area is surrounded by landscaping and hardscape. The common open space
areas also include landscaped walkways that provide access throughout the site. The
total common open space provided is 10,525 square feet, with an average of 2,631
square feet provided per unit.
Each of the new proposed units is designed with a private entrance and large private
open space areas. A total of 3,106 square feet of private open space is proposed for
the three (3) new units, ranging in size from 1 ,828 square feet to 1 ,873 square feet per
unit. The historic home will utilize the existing large front porch and a proposed fenced-
in rear porch and yard for a total of approximately 433 square feet of private open
space. The amount of open space provided exceeds the amount required for multi-
family style development and as a point of reference, the R-3 zone requires a minimum
of 100 square feet of open space per unit. Figure 6 below illustrates both the private and
common open space areas.
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Common Open Private Open Space
Space/Pool (995 square feet)
i
(1,795 s care feet
k. ,WDM Private Open Space(433 square
feet
Common Open Space
PAR CE z (1,184 square feet)
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Private Open Space Private Open Space
724 square feet 1,387 square feet
Figure 6 - Concept Common and Private Open Space Areas
Lighting: Pursuant to PC-R3 (Ord. No. 487) regulations, installation of lighting shall be
directed away from adjacent residential developments. All of the project's outdoor
lighting would be shielded to minimize off-site spill. As a condition of approval (Condition
of Approval No. 2.19), a photometric plan that demonstrates compliance with Tustin
Residential Security City Ordinance 1503 is required to be submitted at plan check for
Staff review and approval.
Wall and Fences: The project site is currently developed with an approximate six (6)
foot-high concrete masonry unit (CMU) block wall along the east, south, and north
perimeter of the project site. The applicant proposes to increase the height of the
perimeter walls on the south and east property lines to comply with PC-R3 regulations
that requires any perimeter wall adjacent to single-family zones to be constructed at a
height of six (6) feet eight (8) inches (Condition of Approval No. 2.12). All perimeter
walls would be additionally screened with landscaping including vines and trees as
required by the PC-R3 regulations.
The property is currently developed with a three (3) foot high garden wall fronting Yorba
Street that borders the existing driveway, and the wall is proposed to be demolished. A
new three (3) foot high garden wall is proposed to replace the existing wall which would
be consistent the three (3) foot maximum height allowed in front yards per TCC
9271(i)(1 b).
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The pool area will be surrounded by a portion of the existing northerly perimeter wall
and a proposed six (6) foot high wrought iron fence with self-closing and latching gate
for safety and security as required by 2022 California Building Code.
A six (6) foot high vinyl fence will enclose the trash bin storage areas that will be located
adjacent to each new unit. The trash bins associated with the historic dwelling will be
located adjacent to the southerly four (4) car garage. Vinyl fencing is also proposed to
enclose the private open spaces of each dwelling.
Development Standards
The project is required to meet specific development standards pursuant to the PC-R3
(Ord. No. 487) regulations. In addition, the project was designed to meet the applicable
development standards associated with development in the R-3 zone. Table 3 lists the
required development standards and demonstrates how the project will comply with said
requirements.
TABLE 3
APPLICABLE DEVELOPMENT STANDARDS
FOR PROJECT LOCATED AT 14182 YORBA STREET
Compliance
Development Multiple Family PC-R3 Regulations Proposed Project With
Standard Residential (R3) (Ordinance 487) Development
Standard
Height Two (2) stories or Eighteen (18) feet Maximum height of Complies with
Limitation: thirty-five (35) within one hundred proposed single-family R3 and PC-R3
feet. (100) feet of the structures is eighteen regulations.
southerly property line (18) feet.
adjacent to any
property zoned Single
Family Residential (R-
1) or Residential Estate
District (E-4)
Density: Per TCC 9220, Not to exceed one (1) One (1) unit per 6,566 Complies with
minimum of unit for each 2,000 square feet. R3 and PC-R3
1,750 square feet square feet of land regulations
per family unit. area
Lighting: Per Tustin Installation of lighting Condition of approval Compliance
Ordinance 1503, directed away from incorporated requiring subject to COA
(City Lighting adjacent residential lighting directed away No. 2.19 and
Ordinance) developments from adjacent Ordinance
residential 1503
developments and
compliance with City
Lighting Ordinance
Parking: Per TCC 9263, Parking Two (2) spaces Complies with
two (2) covered accommodations shall per unit and no R3 and PC-R3
spaces for each be provided at a ratio unit is greater than regulations
dwelling unit, plus of two (2) spaces for 250 feet from and subject to
one (1) each dwelling unit and parking area. COA No. 2.20
unassigned guest located at a distance
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TABLE 3
APPLICABLE DEVELOPMENT STANDARDS
FOR PROJECT LOCATED AT 14182 YORBA STREET
Compliance
Development Multiple Family PC-R3 Regulations Proposed Project with
Standard Residential (R3) (Ordinance 487) Development
Standard
space for every not greater than 250 One (1) uncovered
four (4) units. feet from the unit guest parking
served. space
Perimeter Per TCC 9271(i) Project to be bordered Proposed perimeter Complies with
Wall: (1 a), fences, solid by a six (6) foot eight wall is currently six (6) R3 and PC-R3
hedges and walls (8) inch perimeter wall feet and will be raised regulations
shall not exceed adjacent to any to six (6) feet eight (8) and subject to
six(6) feet eight property line in a inches when adjoining COA No. 2.12
(8) inches in single-family residential single-family zones.
height on or district, with said wall to
within all rear, be constructed prior to
side, & interior lot the issuance of a
lines, and on or permit for other
to the rear of all structures.
front yard
setbacks.
Landscaping Per TCC 9226, Perimeter Trees and vine- Complies with
Requirements: minimum landscaping in like landscape R3 and PC-R3
landscape open conjunction with material provided regulations
space: thirty-five perimeter wall to along the
(35) percent provide screening perimeter and
for adjacent where windows
residential face adjacent
developments. properties.
• Fifty (50) percent Landscaping,
shall be devoted to recreational
landscaping, lawn facilities,
areas, recreational walkways: fifty
facilities, patios (50) percent total
and walkways. lot.
Lot Coverage: Per Table 1 of Total lot area shall be Building lot coverage: Complies with
TCC 9226, limited to not more than 36.7% R3 and PC-R3
maximum lot fifty (50) percent for regulations
coverage is sixty- main and accessory
five (65) percent. building area,
excluding recreational
structures, driveways
and parking areas.
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TABLE 3
APPLICABLE DEVELOPMENT STANDARDS
FOR PROJECT LOCATED AT 14182 YORBA STREET
Compliance
Development Multiple Family PC-R3 Regulations Proposed Project With
Standard Residential (R3) (Ordinance 487) Development
Standard
Internal Not Applicable Coordination and Public street and Complies with
Circulation approval of specific driveway serve the PC-R3
and Site ratios of building area residential units and regulations
Layout: and open areas for the entire project is
specific portions of the served by walkways.
property and of street Site plan was reviewed
system to serve the and approved by
entire project and Orange County Fire
provide emergency Authority.
vehicle access.
Interior Lot Not Applicable Project to be designed All proposed dwellings Complies with
Orientation: with interior lot and garages are PC-R3
orientation. interior facing regulations
Open Space: Per TCC 9226 Not Applicable 0 Private Open Complies with
d2, a minimum of Space: 3,106 R3 and PC-R3
100 square feet square feet regulations
of open space is . Common Open
required per unit. Space: 10,525
400 square feet square feet
required.
Historic Resource
The site includes an existing historic dwelling that is listed as a historic resource in the
City's 2021 Historic Resources Survey as an individually significant resource, since it is
located outside of the Cultural Resources District. The property is significant because of
its association with early Tustin residents. The home was constructed by Herman
Enderle in 1904 and is an embodiment of the earliest patterns of residential development
in Tustin, prior to the development of regional highways and as the longtime residence of
the Enderle family, prominent local ranchers turned developers. Members of the Enderle
family have lived in the home continuously until the property was sold to the applicant,
Sam Olson, in 2021. The property retains sufficient integrity to convey its association with
historic patterns of residential development and to convey its association with these
significant individuals.
According to the 2021 Historic Resources Survey, the historic home is a significant
example of the Transitional architectural style in the City of Tustin. The character
defining features of this historic residence include, but are not limited to, those shown
on Figure 7.
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Irregular and asymmetrical front facade
Front facing gable roof
-' Side facing gable roof
Open Knee brace
Brackets
i
r,t Single hung window
Single fully glazed entry door Metal railings
with sideli hts
Kms;
Figure 7- Existing Historic House
The character-defining features include, but are not limited, to the following:
• Irregular and asymmetrical front fagade.
• Front and side facing gable roof with bargeboards, brackets, eaves and open
knee braces.
• A single double hung window at the front fagade.
• Partial-width projecting brick and wood porch with brick steps and metal railings.
• Single fully glazed wood entry door with sidelights.
The existing garage and workshop were constructed in 1964 and have been repaired or
altered, according to the historic resources survey-, therefore, is not considered a historic
resource and is proposed to be demolished to allow for the proposed site plan layout for
the proposed residential units.
A historic site assessment report (Assessment) for the subject property was prepared by a
qualified historic preservation professional. The Assessment states that project design,
including the site plan layout, respects the existing historic building, while optimizing the
parcel for the creation of new residential units. Further, the Assessment confirms that the
new buildings have been designed in accordance with the Secretary of the Interior's
Standards Guidelines as evidenced by the use of an architectural style that subtly
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references the historic house. The historic dwelling is located in the center of the project
site. The existing location of the twenty-five (25) foot five-inch-high, historic dwelling
allowed for the proposed eighteen (18) and seventeen (17) foot high structures to be
positioned in a subordinate manner to the historic dwelling. In doing so, the historic
dwelling would remain the focal point when viewed from both the public-right-of-way and
from anywhere on the project site. Although the garages are located closest to the right of
way, they are proposed at a height of seventeen (17) feet and away from the historic
dwelling. The historic dwelling would be the first, and most prominent structure that would
be viewed entering the central driveway.
The proposed project will not involve any change or physical alteration to the original
design, exterior material or appearance of the historic resource. The integrity of the historic
dwelling will be preserved and the addition of the new residences will be harmonious and
balanced with the design, material, workmanship, location, and association to the historic
dwelling. The three (3) new one-story dwellings will be designed in accordance with the
Secretary of the Interior's Standards Guidelines by the use of materials and an
architectural style that subtly references the character-defining features of the existing
historic home.
ENVIRONMENTAL:
The project is categorically exempt from further environmental review pursuant to the
following Categorical Exemptions to the California Environmental Quality Act:
• CEQA Section 15332, Class 32, "In-Fill Development Projects", in that the project is
consistent with the General Plan designation and all applicable General Plan policies
as well as with the applicable zoning designation and regulations, the development
occurs within city limits on a site of no more than five (5) acres substantially surrounded
by urban uses, the project site has no value as habitat or endangered rare or
threatened species, and approval of the project would not result in any significant
effects relating to traffic, noise, air quality or water quality, and the site can be
adequately served by all required utilities and public services.
• CEQA Section 15331, Class 31, "Historical Resource Restoration/Rehabilitation",
relates to preservation of a historical resource in a manner consistent with the
Secretary of the Interior's Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic
Buildings. Conditions of Approval are established to protect the historic structure from
damage during the construction phase of the project, and the proposed architecture
and site layout will be compatible with, and preserve the integrity of, the historic
resource,
• CEQA Section 15303, Class 3, "New Construction or Conversion of Small Structures",
consists of construction and location of limited numbers of new, small structures such
as a duplex or similar multi-family residential structures totaling no more than four (4)
14192 Yorba Street
CUP 2021-0027 and DR 2021-0014
Page 17
dwelling units. In urbanized areas, this exemption applies to apartments, duplexes, or
similar structures designed for not more than six (6) dwelling units. The proposed
project would be limited up to three (3) new, one-story dwellings in an urbanized
residential zone. The project consists of a total of four (4) residential units on one (1)
multi-family lot.
CONCLUSION:
As proposed, the project meets the applicable development standards set forth in the R-
3 Zoning District and PC-R3 (Ordinance No. 487) regulations and would be consistent
with the General Plan Low-Density Residential Land Use Designation. The analysis for
DR 2021-0014 has determined that the location, size, architectural features, and general
appearance of the proposed project will not impair the orderly and harmonious
development of the area, the present or future development therein, or the occupancy as a
whole.
Approval of CUP 2021-0027 would allow diversification of the relationships of various
buildings, structures and open spaces in planned building groups while ensuring
substantial compliance with the district regulations and consistency with the provisions of
TCC 9244 for PC Districts. In doing so, adequate standards related to public health,
safety and general welfare are observed without unduly inhibiting the advantage of large-
scale planning for residential purposes. With the approval of a CUP, the amenities and
compatibilities of PC Districts would be ensured.
Accordingly, staff recommends that the Planning Commission approve the proposed
project. A decision to approve this request may be supported by the findings contained
within the attached resolution (Exhibit E).
Mary Salman Raymond Barragan
Assistant Planner Principal Planner
OQ14�_V-W-1
v1ti
Irma Huitron Ju na L. illkom
Assistant Community Development Community Development Director
Attachments:
A. Location Map-- 14192 Yorba Street
B. Land Use Application Fact Sheet
C. Submitted Plans, dated May 9, 2023
D. 2021 Historic Resources Survey DPR Form
E. PC Resolution No. 4470
Exhibit A—Conditions of Approval
Attachment A
Location Map
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Attachment B
Land Use Application Fact Sheet
LAND USE APPLICATION FACT SHEET
14192 YORBA STREET
1. LAND USE APPLICATION NUMBER(S): CUP 2021-0027 AND DR 2021-0014
2. LOCATION: EAST SIDE OF YORBA STREET, APPROX. 350 FEET SOUTH OF VANDENBURG
LAN E
3. ADDRESS: 14192 YORBA STREET, TUSTIN, CA 92780
4. LOT: VICENTE YORBA TRACT, LOT 4 PORTION OF LOT TR 804
5. APN: 401-231-38
6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY:
ORDINANCE 487 REZONING A 10.5 ACRE PARCEL FROM R-1 TO PC-R-3.
7. SURROUNDING LAND USES:
NORTH: MULTI-FAMILY RESIDENTIAL SOUTH: SINGLE FAMILY RESIDENTIAL
EAST: SINGLE FAMILY RESIDENTIAL WEST: COMMERCIAL/OFFICE BUILDINGS
8. SURROUNDING ZONING DESIGNATION:
NORTH: PLANNED COMMUNITY (PCR3)
SOUTH: SINGLE FAMILY RESIDENTIAL (R1)
EAST: SINGLE FAMILY RESIDENTIAL (R1) WEST: PROFESSIONAL (PR)
9. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: LOW DENSITY RESIDENTAL (LDR)
SOUTH: LOW DENSITY RESIDENTIAL (LDR)
EAST: LOW DENSITY RESIDENTIAL (LDR)
WEST: PLANNED COMMUNITY COMMERCIAL BUSINESS (PCCB)
10. SITE LAND USE: EXISTING PROPOSED
A. EXISTING: SINGLE FAMILY RESIDENTIAL MULTI-FAMILY RESIDENTIAL
B. GENERAL PLAN: LOW DENSITY RESIDENTIAL SAME
C. ZONING: PLANNED COMMUNITY RESIDENTIAL SAME
11. DEVELOPMENT FACTS:
12. LOT AREA: EXISTING: 27,262 SF (.63 acres)
PROPOSED: 27,262 SF (NO CHANGE)
13. BUILDING LOT COVERAGE: EXISTING: 12%
REQUIRED: PER ORDINANCE 487, NOT TO EXCEED MORE
THAN 50% FOR MAIN AND ACCESSORY BUILDING AREA
PROPOSED: 36.7
14. SITE LANDSCAPING: EXISTING: 17,599 SF
REQUIRED: 35% MINIMUM LANDSCAPE OPEN SPACE PER
ORDINANCE 487
PROPOSED: 9,923 SF (36.4%)
15. PARKING: EXISTING: TWO-CAR GARAGE
REQUIRED: PER ORDINANCE 487, TWO-CAR GARAGE FOR
EACH RESIDENCE WITHIN 250 FROM THE UNIT THE
GARAGE SERVES, ONE (1) UNASSIGNED GUEST SPACE
FOR EVERY 4 UNITS PER R-3 ZONE
PROPOSED: TWO-CAR GARAGE FOR EACH OF FOUR
RESIDENCES WITHIN 250 OF THE UNIT THE GARAGE
SERVES, PLUS ONE UNASSIGNED GUEST SPACE
16. BUILDING HEIGHT: REQUIRED: PER ORDINANCE 487, HEIGHT LIMITATION OF
ONE-STORY STRUCTURE (18 FEET MAXIMUM)WITHIN NOT
LESS THAN 100 FEET OF THE SOUTHERLY PROPERTY LINE
ADJACENT TO ANY R-1 OR E-4 ZONED PROPERTIES
PROPOSED: EXISTING RESIDENCE -25 FEET 4 3/8 INCH
THREE NEW RESIDENCES: 18 FEET
GARAGE 1: 17 FEET
GARAGE 2: 17 FEET
17. BUILDING SETBACKS
FRONT: REQUIRED: FIFTEEN FEET (15') PER R-3 ZONE
EXISTING RESIDENCE: FIFTY-ONE FEET (51')
PROPOSED GARAGES: FIFTEEN FEET (15')
INTERIOR SIDE YARD: REQUIRED: FIVE FEET (5') PER R-3 ZONE
EXISTING/PROPOSED: FIVE FEET MINIMUM
REAR: REQUIRED: TEN FEET (10') PER R-3 ZONE
EXISTING/PROPOSED: VARIES TEN FEET (10') TO ELEVEN FEET
SEVEN INCHES (11'- 7 1/16")
Attachment C
Submitted Plans dated May 9, 2023
PLANNED RESIDENTIAL DEVELOPMENT
14192 YORBA ST. TUSTIN, CA 92780
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Attachment D
2021 Historic Resources Survey DPR Form
State of California---The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI
PRIMARY RECORD Trinomial#
NRHP Status Code 5S3
Other Listings
Review Code Reviewer Date
*Resource Name or#(Assigned by recorder)14192 Yorba Street
P1.Other Identifier:Enderle House
*P2.Location: r Not for Publication o Unrestricted
*a.CountyOrange and(P2c, Pte,and P2b or Ptd.Attach a Location Map as necessary.)
*b.USGS 7.5'Quad Date T ;R 1/4 of 1/4 of Sec B.M.
c.Address 14192 Yorba Street City Tustin Zip 92780
d. UTM:(Give more than one for large and/or linear resources)Zone mE/ mN
e.Other Locational Data:(e.g., parcel#,directions to resource,elevation,etc.,as appropriate) APN 40123138
*P3a. Description: (Describe resource and its major elements. Include design, materials,condition,alterations,size,setting and boundaries)
Evaluation:Individually significant Chimney 1:Brick-exterior
Property Type: Residential-Single-family Porch/Stoop 1:Partial-width porch-projecting;Wood, Brick, Metal;
Primary Architectural Style:Transitional Entry railings, Entry roof, Posts,Steps
Number of Stories:1 Doorway 1:Recessed; Decorative surround
Plan/Primary Facade:Irregular;Asymmetrical Door 1:Single;Wood; Fully glazed, Sidelights,Wood screen
Construction/Foundation:Wood-frame; Unknown Window 1:Single,Grouped; Double-hung;Wood; Decorative surround
Cladding:Textured stucco, Brick,Wood shingles -some
Window 2:Bay-rounded; Double-hung;Wood; Decorative surround-
Details:Applied decoration, String course, Carved decoration at gable all
vent Window 3:Single;Casement; Material unknown;Sliding transom;
Roof Type/Material:Gable-front,Gable-side, Hipped, Composition Decorative surround-all
shingle Setting:Set back
Roof Features:Bargeboards, Brackets, Eaves-open, Knee braces Hardscape:Walkway-Asphalt; Driveway-Asphalt;Perimeter Wall-
Concrete block
Landscape: Lawn, Mature vegetation, Remnant citrus grove
*P3b. Resource Attributes:(List attributes and codes) HP2. Single family property
*P4.Resources Present: fJ Building r Structure r-Object r Site I—District r Element of District r Other:
*P5a. Photograph or Drawing(Photograph required for buildings,structures,or objects) P5b. Description of Photo:(view,date,
accession#)View east. 11/12/2020
*P6. Date Constructed/Age and
k ,
Sources: o Historic Prehistoric Both
w1904(Assessor via First American Title Co..
DPR 2002)
*P7.Owner and Address:
Not Recorded
*P8. Recorded by:(Name,affiliation,and
address)Mary Ringhoff, Rosa Lisa Fry, Emglyn
Najera,Architectural Resources Group,360 E.
2nd Street, Suite 225 Los Angeles,CA 90012
*P9. Date Recorded: 11/12/2020
*P10.Survey Type:(Describe)
9 Intensive r Reconnaissance
*P11. Report Citation:(Cite survey report and
other sources or enter"none".)ARG. "City of
Tustin Citywide Historic Resources Survey
Update Report"(prepared for the City of Tustin,
2021).
*Attachments: r None r Location Map i✓Sketch Map ro-Continuation Sheet r Building,Structure&Object Record
r Archaeological Record District Record r Linear Feature Record r Milling Station Record r Rock Art Record
F-Artifact Record r Photographic Record r Other(List)
D P R 523A(1/95) * Required Information
State of California---The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI
BUILDING, STRUCTURE AND OBJECT RECORD
*NRHP Status Code 5S3
B1. Historic Name: Enderle House
B2. Common Name:
B3.Original Use: Residential B4. Present Use: Residential
*135.Architectural Style Transitional
*136.Construction History:(Construction date,alteration,and date of alterations) Windows Replaced-All, Primary facade,Compatible;Other
Alterations-Chimney altered,Garaae altered/replaced,Gate added/replaced, Railinos altered/replaced, Roof material replaced(compatible),Wall or
fence added-perimeter. Brick added to porch and portion of primary facade
*137.Moved? fJ No r Yes r Unknown Date: Original Location:
*138. Related Features:Garage-detached
B9a.Architect: Unknown b. Builder: Unknown c.Owner:Herman Enderle
"1310.Significance: Theme Early Residential Development, 1870-1913 Area Tustin
Period of Significance: 1904 Property Type: Residential Applicable Criteria: A/1/1, B/2/2
(Discuss importance in terms of historical or architectural context as defined by theme, period,and geographic scope.Also address integrity.)
Context:Establishment and Early Development of Tustin City, 1870-1913
Theme: Early Residential Development, 1870-1913
Property Type: Residential
The property appears eligible for listing as a City of Tustin Cultural Resource as an embodiment of the earliest patterns of residential development in
Tustin, prior to the development of regional highway systems. Constructed in 1904, it is a rare, remaining example of an intact early 20th century
residence in this part of the city and retains sufficient integrity to convey its association with historic patterns of residential development.
The property also appears eligible for listing as a City of Tustin Cultural Resource as the longtime residence of the Enderle family, prominent local
ranchers turned developers. Herman Enderle built this house in 1904 and members of the family have lived here continuously since that time.The
property retains sufficient integrity to convey its association with these significant individuals.
B11. Additional Resource Attributes:(List attributes and codes)
"1312. References: (See Continuation Sheet 3)
(Sketch Map with north arrow required.)
B13. Remarks:
"1314. Evaluator:Mary Ringhoff, Rosa Lisa Fry,Architectural Resources Group g I
360 E.2nd Street,Suite 225 Los Anoeles, CA 90012
*Date of Evaluation: 11/12/2020 via Calma
(This space reserved for official comments.)
:+s
I= 4 ,
° Jacaranda Avenue
AW +", �i ` i`
DPR 5238(1/95) * Required Information
State of California---The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI
CONTINUATION SHEET
"Resource Name or#(Assigned by recorder)14192 Yorba Street
Recorded By: ARG Date: 11/12/2020 o Continuation Update
"B12. References(continued from page 2):
Architectural Resources Group, Inc.City of Tustin Citywide Historic Resources Survey Update Report. Prepared for the City of Tustin,2021.
First American Title Co. Property Information.Accessed February 2021, https://www.myfirstam.com/Security/Login?
Return U rl=%2 FPolygon%2 FMapSearch.
Los Angeles Times,various dates.
McAlester,Virginia Savage.A Field Guide to American Houses. New York:Alfred A. Knopf,2015.
Orange County Department of Public Works.OC Survey:Historical Aerial Imagery.Accessed February 2021, https://ocs.ocpublicworks.com/service-
areas/oc-su rvey/products/historical-aerial-imagery.
TBA West, Inc.and Carol Jordan. `Tustin Historical Resources Survey"Part 1 (DPR Forms)and Park 2(Survey Report). Prepared for City of Tustin,
2003.
Thirtieth Street Architects, Inc. "City of Tustin Historical Resources Survey Report"and DPR Forms. Prepared for City of Tustin, 1990.
Tustin News,various dates.
Tustin Preservation Conservancy. "List of Homes Turning 100 Years Old(Final Revision,2017)."Unpublished list reporting deed research.On file at
City of Tustin Community Development Department.
DPR 523L(1/95) * Required Information
14192 YQRBA STREET
See following pages for property information
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 1 of 1 *NRHP Status Code:3S
*Resource Name or#(151): 14192 Yorba Street
Bl. Historic Name:
B2. Common Name:
B3. Original Use:Residential
B4. Present Use:Residential
*135. Architectural Style:Colonial Revival
*136. Construction History: (Construction date,alterations,and date of alterations)
Herman Enderle built the house in 1904.
*137. Moved? X No ❑Yes ❑Unknown Date: Original Location:
*138. Related Features:
139a. Architect:unknown b.Builder:unknown
*1310. Significance: Theme:Residential Architecture,Citrus Industry
Area:Santa Ana-Tustin,CA Period of Significance: 1900-1945 Property Type: Residential
Applicable Criteria:B,C
(Discuss importance in terms of historical or architectural context as defined by theme,period,and geographic scope. Also address integrity.)
The house is significant primarily for its associations with the Enderle family, prominent local ranchers turned developers, and because it is
representative of early 201i century growth patterns of this rich agricultural area. Herman Enderle was the owner of a foundry at Third and Main in
Santa Ana. Enderle also owned a 20-acre ranch that was planted in walnuts and apricots,eventually extended to 40 acres(in oranges)by 1950.
The building's character defining features include,but are not limited to:
• bellcast-hipped roof with a front facing bellcast gabled porch on the south end of the front fagade
• matching gable with carved triangular braces and a three-sectioned louvered vent located near the back of the south side
• narrow clapboard siding covering the exterior and a row of half timbering and a matching beam below which form a pattern
across the bottom of the gable
• pairs of square wooden columns which support the porch roof
• front door flanked by sidelights
• large plate glass window on the south side of the porch,which has multi-paned casement sidelights.
Bll. Additional Resource Attributes:(HP2)—Single Family Property
*1312. References: City of Tustin Historical Survey, thirtieth street architects, inc., June, 1990; First American Title Company
records;Directories.
B13. Remarks
(Sketch Map with north arrow required.)
�a►rrrrrw
lit!
*1314. Evaluator:TBAW,C.Jordan
*Date of Evaluation:Oct 2002 t
(This space reserved for official comments.) tett
a JACARANDA AVENUE
.. moi► �'►
Ift
A
DPR 523B(1/95) *Required information
k
CICrY OF 1IUaS"I[' N MSTORIf.CA L. eS7 URVEY
i
ADDRESS: ( ,
14192 YORBA.ST E
DATE: T
1904 .._
STYLE:
CRAFTSMAN +�
SOURCE: RATING:
T B
ALTERATIONS:
F
BISTORICA:L DISTRICT:'.
.lap
COMMENT:
DESCRIPTION:
Topped with a bellcast hipped roof, the single-storied Craftsman Bungalow shown above features a front-facing bellcast gabled
porch on the south end of the front facade. A matching gable,also accented with carved triangular braces and a three-sectioned
louvered vent,.is located near the back of the south side.. Narrow clapboard siding covers the exterior. A raw of half-timbering
and a matching beam below form a pattern across the buttons of the gable. Pairs of square wooden columns support the porch
roof. The front door is f salted by sidelights. A large glare glass window on the south side of the porch has multi-paned casement
sidelights. A large 50's-style chimney is located on the south side. This is a former age grove house and is surrounded by a
large yard.
SIGNIFICANCE: _
Harman)rnderle built the house in 1904. Herman owned a foundry at Third and Main Street in Santa Ana, across from aviator Glen
Martin's barn and cast the engine for one of Martin's early planes. Enderle also owned a 20-acres ranch,planted in walnuts and
apricots,and extended to 40 acres (in oranges) by 1930. After Herman's wife died in 1917, he lived here with his brother, Frank.
In the mid-twentics, their two sisters moved in. One sister, Clara Enderle, taught math at the Tustin Grammar School from 1121
'to 1933 and was the vice-principal. Harman's son Maurice married Harriett in 1923. They built a home next to this house, where
they raised two sons, Allan and Wallace. Maurice was Orange County Accessor from 1949 to 1952, after serving as deputy
accessor since 1920. The family developed Endede Center,in 1972, and Harriett, moved into Berman Eaderlo's old house at
14192. The house's association with the Enderle family..prominent local ranchers turned developers, gives a prominence to this
early Craftsman Bungalow. It is representative of the early 20th century growth patterns of this rich agricultural area.
i
Attachment E
PC Resolution No. 4470
Exhibit A - Conditions of Approval
RESOLUTION NO. 4470
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 2021-0027 AND DESIGN REVIEW 2021-0014
AUTHORIZING THE CONSTRUCTION OF A MULTI-
FAMILY RESIDENTIAL PLANNED DEVELOPMENT
COMPRISED OF THREE (3) NEW ONE-STORY
DWELLINGS WITH ACCESSORY STRUCTURES AND THE
PRESERVATION OF ONE (1), ONE-STORY DWELLING
IDENTIFIED AS A HISTORIC RESOURCE LOCATED AT
14192 YORBA STREET
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit (CUP) 2021-
0027 and Design Review (DR) 2021-0014 was filed by Sam Olson,
on behalf of Pacific Legacy Real Estate & Investments, requesting
approval of a Planned Community consisting of three (3) new one-
story dwellings and the preservation of one (1), one-story dwelling
identified as a historic resource located at 14192 Yorba Street.
B. That the Development Application requests the following approvals:
• CUP 2021-0027 - a CUP is required prior to the construction of
any development within the planned community district pursuant
to Tustin City Code (TCC) 9244e.
• DR 2022-0004 - for site layout and building design and the
preservation of the historic structure pursuant to TCC Section
9272. The Community Development Director has deferred
decision-making authority to the Planning Commission to be
considered concurrently with the request for a CUP.
C. That the subject property is located within the Planned Community —
Multiple Family Residential (PC-R3) zoning district and regulated by
Ordinance No. 487 and has a Low Density Residential (LDR) General
Plan land use designation.
D. That the project site is bounded by Yorba Street to the west, a
condominium complex to the north zoned PC-R3, and single-family
residences to the east and south of the project site zoned R-1 .
E. That the development of a planned residential community at this
location would be compatible with surrounding uses.
Exhibit A
PC Resolution No. 4470
CUP 2021-0027 & DR 2021-0014
Page 2
F. That the property currently consists of one (1) existing 2,328 square-
foot historic resource constructed in 1904 that will be preserved and
protected.
G. That the one (1) historic dwelling is listed in the 2021 Historical
Resources Survey.
H. That the project meets the development standards set forth in
Ordinance 487 and the development standards of the Multi-Family
Residential (R-3) zoning district and applicable sections of the TCC.
I. That on May 9, 2023, a public hearing was duly noticed, called, and
held by the Planning Commission on CUP 2021-0027 and DR 2021-
0014.
J. That the proposed project is consistent with the following General
Plan and 2021-2029 Housing Element Goals in that the project is
compatible with the surrounding land uses in the community and is
consistent with the physical characteristics and will preserve and
maintain the existing historic structure.
• Goal 1 : Provide for a well-balanced land use pattern that
accommodates existing and future needs for housing, commercial
and industrial land, open space and community facilities and
services, while maintaining a healthy, diversified economy
adequate to provide future City services.
• Policy 1 .1 : Preserve the low-density quality of Tustin's existing
single-family neighborhoods while permitting compatible multi-
family development to meet regional housing needs where best
suited from the standpoint of current development, accessibility,
transportation, and public facilities.
• Policy 1 .5: Encourage compatible and complementary infill of
previously by-passed parcels in areas already predominately
developed.
• Goal 5: Revitalize older commercial, industrial and residential
uses and properties.
• Policy 5.5: Encourage the restoration and rehabilitation of
properties in Tustin eligible for inclusion on the National Register
of Historic Places according to the rehabilitation guidelines and
tax incentives of the National Trust for Historic Preservation.
Exhibit A
PC Resolution No. 4470
CUP 2021-0027 & DR 2021-0014
Page 3
• Goal 6: Improve urban design in Tustin to ensure development
that is both architecturally and functionally compatible, and to
create uniquely identifiable neighborhoods, commercial and
business park districts.
• Policy 6.5: Preserve historically significant structures and sites,
and encourage the conservation and rehabilitation of older
buildings, sites and neighborhoods that contribute to the City's
historic character.
• Housing Element Goal 1 : 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
commensurate with the City's identified housing needs in the
Regional Housing Needs Assessment (RHNA) allocation.
K. That in determining whether to approve the CUP for the new
development plan and the DR for building design and site planning and
preservation and protection of one (1) existing historic dwelling, the
Planning Commission must determine that the location, size,
architectural features, and general appearance of 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, and that
adequate standards related to public health, safety and general welfare
are observed without unduly inhibiting the advantage of large-scale
planning for residential purposes. In making such findings, the Planning
Commission has considered at least the following items:
1. Height, bulk and area of buildings. The maximum eighteen (18)
foot height and bulk of the proposed structures complies with the
development standards within Ordinance 487 and TCC 9226 and
is consistent with the adjacent residential and commercial areas
and is compatible with the surrounding uses. While all of the
buildings would have similarities in design, each new unit has its
own unique architectural style. The new dwellings will be designed
in accordance with the Secretary of the Interior's Standards
Guidelines by the use of an architectural style that subtly references
the age and the character defining features of the existing historic
dwelling.
2. Setbacks and site planning. The setbacks of the proposed project
are consistent with R-3 development standards set forth in TCC
Section 9226. Pursuant to Ordinance 487, the site is designed as
an interior oriented lot development and the project includes the
modification of perimeter walls and the installation of landscaping
adjacent to perimeter walls, resulting in the increase in wall height
Exhibit A
PC Resolution No. 4470
CUP 2021-0027 & DR 2021-0014
Page 4
from six (6) feet to six (6) feet eight (8) inches. As designed, the
project would maintain privacy for adjoining uses.
3. Exterior materials and colors. The architectural style is
contemporary and features clean lines, ample glazing and
fenestration, windows shutters and vertical siding, and subtle
color schemes. The new dwellings will include slate grey standing
seam metal roofing and charcoal grey composite shingle roofing,
white or grey vertical siding, white stucco plaster, and
asymmetrical gabled roof design with white fascia boards. The
new dwellings will be designed in accordance with the Secretary
of the Interior's Standards Guidelines by the use of an
architectural style that subtly references the age and the
character defining features of the existing historic home.
4. Type and pitch of roofs. The proposed structures include an
asymmetrical gable roof design that will be consistent with the
existing historic dwelling on the project site.
5. Size and spacing of windows, doors and other openings. The
proposed structures include ample glazing and fenestration on all
sides of each residence. As conditioned, (Condition of Approval
No. 2.17), all exterior windows and doors shall be articulated with
trim complementary to the architectural style of the primary historic
residence. Window frames and mullions shall be of a rich color
characteristic of the proposed architectural styles to provide
contrast.
6. Landscaping and parking area design. New landscaped areas are
provided around the pool, common and private open spaces,
residential structures and will visually screen the proposed garages
at the street frontage along Yorba Street. The project site shall
continuously maintain a minimum of fifty (50) percent of the site for
landscaping, lawn, recreational facilities, patios and walkways. The
proposed landscaping palette includes colorful flowering and
foliage plant material combing trees, shrubs and groundcover, to
enhance and, along the perimeter of its interior property lines,
screen the project site. The project would be served by one (1)
main driveway and parking area. Parking ratio is provided at a ratio
of two (2)spaces for each dwelling unit within a garage and located
at a distance not greater than 250 feet from the unit served per
Ordinance 487. One (1) guest parking stall is provided consistent
with R-3 development standards.
7. Location, height, and standards of exterior illumination: As
conditioned (Condition of Approval No. 2.19, a preliminary lighting
plan will be required to be reviewed and approved by the Planning
Exhibit A
PC Resolution No. 4470
CUP 2021-0027 & DR 2021-0014
Page 5
Division prior to plan check. The plan shall show the locations and
design of all proposed exterior lighting, including decorative lights,
parking lot lights, landscape lights and security lights per Ordinance
1503, Section 2.
8. Location and appearance of equipment located outside of an
enclosed structure. As conditioned (Condition of Approval No.
2.18), all mechanical and electrical fixtures and equipment shall be
either adequately and decoratively screened or be included as an
element of the overall design of the project and blend with the
architectural design of the building.
9. Location and method of refuse storage. Six (6) foot high vinyl
fencing will enclose the trash bins that will be located in close
proximity to each new unit. The trash bins associated with the
historic resource will be located adjacent to the southerly four (4)
car garage. The locations of the trash bin areas are adequately
screened from the public right-of-way.
10.Appearance and design relationship of proposed structures to
existing structures and possible future structures in the
neighborhood and public thoroughfares. The new dwellings will be
designed in accordance with the Secretary of the Interior's
Standard Guidelines by the use of an architectural style that subtly
references the age of the existing historic home. The architectural
style of the proposed structures and the preservation and
protection of the historic resource would be compatible with the
surrounding residential uses. The site's interior oriented
development maintains privacy for those existing residential uses
that envelop the project site. Additionally, the proposed project
would be consistent with the existing residential uses in terms of
scale, density and height.
11. Proposed signage in conformance with the TCC. As conditioned
(Condition of Approval Nos. 2.14 and 2.15), both address
identification numberings shall be a minimum of six (6) inches high
with a minimum stroke width of one (1) inch. At plan check, a
vicinity map and address exhibit will require review and approval by
the Public Works Department.
12.The proposed project is consistent with the development
Guidelines and criteria as adopted by the City Council. The project
is consistent with the DR criteria outlined in TCC 9272.
L. 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.
Exhibit A
PC Resolution No. 4470
CUP 2021-0027 & DR 2021-0014
Page 6
M. The City's Police Department has reviewed the application and has no
concerns.
N. The project is categorically exempt from further environmental review
pursuant to CEQA Categorical Exemptions:
CEQA Section 15332, Class 32, "In-Fill Development Projects", in that the
project is consistent with the General Plan designation and all applicable
General Plan policies as well as with the applicable zoning designation
and regulations, the development occurs within city limits on a site of no
more than five (5) acres substantially surrounded by urban uses, the
project site has no value as habitat or endangered rare or threatened
species, and approval of the project would not result in any significant
effects relating to traffic, noise, air quality or water quality, and the site can
be adequately served by all required utilities and public services.
CEQA Section 15331 , Class 31, "Historical Resource
Restoration/Rehabilitation", relates to preservation of a historical resource
in a manner consistent with the Secretary of the Interior's Standards for
the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring and Reconstructing Historic Buildings.
Conditions of approval are established to protect the historic structure from
damage during the construction phase of the project, and the proposed
architecture and site layout will be compatible with, and preserve the
integrity of, the historic resource,
CEQA Section 15303, Class 3, "New Construction or Conversion of Small
Structures", consists of construction and location of limited numbers of
new, small structures such as a duplex or similar multi-family residential
structures totaling no more than four(4)dwelling units. In urbanized areas,
this exemption applies to apartments, duplexes, or similar structures
designed for not more than six (6) dwelling units. in that the construction
will be limited up to three (3) new detached single-family residences in an
urbanized residential zone. The project consists of a total of four (4)
residential units on one (1) multi-family lot.
II. The Planning Commission hereby approves CUP 2021-0027 and DR 2021-
0014 authorizing a new development plan for the PC-R3 (Planned
Community- Multiple Family Residential) District at 14192 Yorba Street
which includes the new construction of three (3), one-story detached
dwellings and preservation of one (1), one-story existing residence, subject
to the conditions contained within Exhibit A attached hereto.
Exhibit A
PC Resolution No. 4470
CUP 2021-0027 & DR 2021-0014
Page 7
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 9t" day of May, 2023.
STEVE KOZAK
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4470 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of
May, 2023.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
Exhibit A: Conditions of Approval
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 2021-0027
DESIGN REVIEW 2021-0014
14192 YORBA STREET
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped May 9, 2023, 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 Conditional Use Permit (CUP) 2021-0027 and Design
Review (DR) 2021-0014 shall become null and void unless permits for
the proposed project are issued and substantial construction is
underway within twelve (12) months of the date of this Exhibit. 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 CUP 2021-0027 and DR 2021-0014 are contingent upon
the applicant and property owner signing and returning to the
Community Development Department a notarized "Agreement to
Conditions Imposed" form and the property owner signing and
recording with the County Clerk- Recorder a notarized "Notice of
Discretionary Permit Approval and Conditions of Approval" form. The
forms shall be established by the 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).
(1) 1.6 As a condition of approval of CUP 2021-0027 and DR 2021-0014, the
applicant shall agree, at its sole cost and expense, to defend,
indemnify, and hold harmless the City, its officers, employees, agents,
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 2
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) 1.7 All activities shall comply with the City's Noise Ordinance pursuant to
TCC Section 4616.
(1) 1.8 The sale of any portion of the project is prohibited, unless the City
approves a parcel or tract map pursuant to the Subdivision Map Act.
(***) 1.9 Any alterations to the approved plans shall be reviewed for compliance
with the PC-R3 (Ordinance No. 487) regulations, or when the PC-R3
regulations are silent on development standards, the R3 zoning
regulations shall apply, or as determined by the Community
Development Director.
SITE AND BUILDING DESIGN
(***) 2.1 The project shall consist of the following:
• Construction of three (3) new one-story, detached dwellings ranging
from 1 ,826 to 1,875 square feet.
• The preservation and protection of a one-story historic dwelling,
which has been incorporated into the site plan layout.
• The construction of four (4) two-car garages, one (1) guest parking
stall and demolition of two (2) non-historic structures, including a
garage and workshop.
• Construction of 13,631 square feet of private and common open
space, including a common area with pool and paved walkways
lined with landscaping (approximately 9,923 square feet).
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 3
(4) 2.2 Project materials shall substantially comply with those identified in the
approved plans. Additional color and material samples may be
requested by City staff at the time of plan check. Enhancements to
the architectural detailing may be required at the time of plan check
based on the proposed materials. Substitutions to the approved
materials may be requested and is subject to the final approval of the
Community Development Director.
(1) 2.3 Prior to the issuance of any grading or building permit, the applicant
shall submit a plan for review and approval that explains the measures
that will be implemented to protect the historic structure during all
construction activities on-site. The plan shall be prepared by a
licensed professional knowledgeable in Secretary of Interior historic
standards. The plan shall include the following minimum information:
During construction activities, the property owner shall protect the
existing historic resource from physical damage. Plans submitted
shall include measures to be taken to adequately protect the historic
resource from physical damage during all construction phases
including, but not limited to the following measures:
A. During excavation for footings on new structures, the
applicant/contractor shall provide shoring around the historic
resource to prevent undermining of the foundation.
B. Applicant/contractor shall provide plywood protection at all
windows in the historic residential structure and shall show
plywood protection on the construction plans submitted to the City
of Tustin for building permits.
C. Applicant/contractor shall secure the historic resource from
physical access during the construction period.
D. Applicant/contractor shall install a direct dial fire and smoke
intrusion security system in the historic residential structure.
E. Applicant/contractor shall protect the historic resource's walls with
solid construction fencing to prevent damage to existing finishes.
F. During plastering of the exterior walls of the new buildings,
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 4
applicant/contractor shall provide fabric barriers to prevent
overspray from reaching the historic residential structure.
G. The applicant/ contractor shall maintain fire extinguishers at each
level of each new building in case of fire during construction.
H. The applicant/contractor shall engage the services of a licensed
architect meeting the professional qualifications standards
identified by the Secretary of Interiors Standards and Guidelines
(https://www.nps.gov/history/local-law/arch stnds 9.htm ) to
monitor the historic residential structure during construction
activities on a monthly basis and submit monthly status reports to
the City of Tustin Community Development Department. The
applicant shall submit the name and license number of the licensed
professional for approval, prior to engaging in services to meet
these requirements.
(1) 2.4 The applicant/contractor shall immediately stop work and notify the
Community Development Department in the event of damage to the
historic resource. The applicant/contractor shall be responsible for
stopping all work until the damage is remedied to the satisfaction the
of Community Development Director. The applicant shall only proceed
with construction until a "Notice to Proceed" is issued by the
Community Development Department.
(4) 2.5 All parking spaces shall be maintained on-site as shown on the
approved plans dated May 9, 2023. Any changes to the number,
location, or size of parking spaces shall require review and approval
by the Community Development Director.
(4) 2.6 The driveway entry into the project shall not have any gates or fences.
This project shall not be privately gated. Any requests to install a gate
for ingress or egress shall require review and approval by the City and
applicable agencies (i.e. Planning, Public Works, Orange County Fire
Authority, etc.).
(1) 2.7 The use of any open or outdoor spaces for temporary or permanent
outdoor storage is prohibited at all times, except as described below.
(4) 2.8 Individual trash cart service shall be provided on the site. Trash carts
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 5
shall be placed only in the locations identified on an approved "Trash
Pick-up Plan" up to twelve (12) hours prior to regularly scheduled trash
collection and shall be removed within twelve (12) hours of trash
collection. Any violations shall be subject to enforcement by the City.
(4) 2.9 The project shall continuously maintain a minimum of fifty percent
(50%) of the site for landscaping, lawn, recreational facilities, patios
and walkways per City of Tustin Ordinance 487 (Ordinance. 487).
(1) 2.10 All utility services serving the site shall be installed and maintained
underground.
(1) 2.11 Heater and filter units for swimming pools shall be located in the rear
or side yard areas, and shall be screened from view. Locations of
heater and filter units shall be shown on plans and reviewed and
approved by the Planning Division per Tustin City Ordinance 547
(Ordinance 547).
(1) 2.12 As required by the development standards within the applicable
Ordinance 487, the applicant shall increase the height of the existing
perimeter block wall at the south and east property lines from six (6)
feet to six (6) feet eight (8) inches since the proposed project is
adjacent to single family residential developments. A wall plan shall
be submitted for review and approval to the Community
Development Department during the plan check process for the new
dwellings. A permit for the wall and completion of any wall
modification shall be completed prior to the issuance of permits for
any new structure.
(***) 2.13 The design and construction of all on-site and off-site developer
required public infrastructure and utility systems shall be constructed
prior to issuance of the first Certificate of Occupancy.
(***) 2.14 Unit Addressing: Provide address signage for each unit in a manner
that will aid first responders to identify units within this property.
Signage should be visible from front of property. Per TCC 8102(b),
address identification numbering shall be a minimum of six (6) inches
high with a minimum stroke width of one (1) inch.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 6
(1) 2.15 Street Address Exhibit: At plan check, provide the following
documentation in a reduced sized format for Tustin Public Works
review:
A. Vicinity map: Show building footprint(s) and address
ingress/egress from the property.
B. Address exhibit. Submit an address exhibit identifying each
unit on the property. Please be advised that lettered units
will not be accepted.
(4) 2.16 Garages shall remain free of any non-vehicular storage that prevents
the immediate use of the garage for the parking of vehicles, on an on-
going basis. Storage of personal items may occur in a garage only to
the extent that such storage does not impede vehicle parking nor
reduce the number or required minimum size of the required garage
space per TCC 9262b(2b).
(4) 2.17 At plan check, all exterior windows and doors shall be articulated with
trim complementary to the architectural style of the primary historic
residence. Window frames and mullions shall be of a rich color
characteristic of the proposed architectural styles to provide contrast.
(4) 2.18 All of the following shall be reviewed and approved and included on
construction plans at plan check:
• All mechanical and electrical fixtures and equipment shall be
adequately and decoratively screened. The screen shall be
included as an element of the overall design of the project and
blend with architectural design of the building.
• All telephone and electrical boxes shall be identified on the
construction plans.
• Electrical transformers, if needed, shall be located toward the
interior of the project to minimize visual impacts and screened
by adequate landscaping or other effective screening devices.
(4) 2.19 Prior to the issuance of building permits, the applicant shall submit a
photometric lighting plan showing compliance with the Tustin Security
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 7
Code, which requires a minimum 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 lighting plan is to be
overlaid onto a tree landscape plan. Ensure compliance with City of
Tustin Ordinance 1503, Section 2, and with City of Tustin Ordinance
487, which states that lighting be directed away from adjacent
residential developments.
(***) 2.20 Each two-car garage shall be assigned to a corresponding dwelling
unit. At no time shall a dwelling unit be leased or occupied without an
assigned two-car garage.
LANDSCAPE/HARDSCAPE
(5) 3.1 Landscape plans shall be reviewed and approved at plan check, and
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) 3.2 All plant materials shall be installed in a healthy and vigorous condition
typical to the species in accordance with the approved landscape plan.
Landscaping shall be maintained in a neat and healthy condition,
which includes, but is not limited to trimming, mowing, weeding, litter
removal, fertilizing, regular watering, and replacement of diseased or
dead plants.
(1) 3.3 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 a building. Landscaping shall
be utilized to screen the devices where possible.
(1) 3.4 Prior to issuance of a certificate of occupancy, the applicant shall
install landscaping and irrigation in accordance with the approved
landscape plans. The property owner shall be responsible for
maintaining landscaping in accordance with the approved landscape
plans. Dead plants shall be replaced by the property owner with the
same species type and size identified in the approved landscape
plans.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 8
(1) 3.5 Revise landscape plan and add dense and fast-growing hedges along
the northern perimeter wall adjacent to the pool to serve as additional
screening adjacent to the condominium development located to the
north of the project site. City review and approval of planting material
and location is required prior to issuance of any building permit.
PLAN SUBMITTAL
(1) 4.1 At plan check, all on-site existing walls or fences that will be protected
in place and proposed perimeter and on-site walls and fences shall be
noted on the plans with specific materials, heights, colors, and
decorative treatments. All walls and fences are subject to the review
and approval of the Community Development Department.
(1) 4.2 Specifications and details for the proposed six (6) foot vinyl fencing
proposed white vinyl fencing that will enclose the trash bins and
private open space areas shall be included on the construction plan
set for review and approval.
(1) 4.3 Applicant and owner are responsible for ensuring that information
contained in construction drawings is consistent among architectural,
structural, grading, electrical, mechanical, plumbing, fire, utility and
public improvement plans as well as other construction drawings.
(3) 4.4 All construction shall comply with 2022 California Building Code,
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.
(3) 4.5 New construction shall comply with California Green Building,
Sections 4.106.4.1 to facilitate future installation and use of Electrical
Vehicle chargers. Electrical Vehicle Supply Equipment (EVSE) shall
be installed in accordance with California Electrical Code, Article 625.
For each dwelling unit install a listed raceway to accommodate a
208/240 V branch circuit.
(3) 4.6 Plans submitted by the applicant/contractor shall comply with
California Energy Code, Section 110.10, Mandatory Requirements for
Solar Ready Buildings.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 9
(3) 4.7 Per the 2022 California Building Code, a soils report will be required
at plan check submittal.
(3) 4.8 All new detached dwellings are required to be equipped with NFPA
13D automatic fire sprinklers.
(3) 4.9 Existing and new dwellings are required to comply with the fire
separation distance requirements of California Residential Code
Tables R302.1(1) and/or R302.1(2).
(3) 4.10 The exterior walls of each dwelling located on the same lot which are
adjacent and facing each other will require exterior wall fire rating
requirements. One (1)of the two (2)following criteria shall be followed:
Option 1: No assumed property line between the two (2) buildings.
➢ Consider the two (2) buildings as one (1) structure with two (2)
dwelling units.
➢ One (1) of the walls between the buildings to be considered as
the wall separating dwelling units and will require one (1)-hour
rated wall with forty-five (45) minute rated opening protection
(same as fire partition requirements per CBC).
Option 2: Assume a property line between the two (2) buildings.
➢ Show property line distance between both structures; and
➢ Apply Table R302.1(1) or (2).
(1) 4.11 Prior to issuance of a building permit, a plan for temporary outdoor
storage during grading or construction of the Project shall be
submitted to the City for review and approval to the Community
Development Director.
PUBLIC WORKS DEPARTMENT
WATER QUALITY CONDITIONS
(5) 5.1 This development shall comply with all applicable provisions of the
City of Tustin Water Quality Ordinance and all Federal, State, and
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 10
Regional Water Quality Control Board rules and regulations.
(1) 5.2 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). If the WQMP has been
determined to be a 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) 5.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of
$2,700.00 to the Public Works Department for the estimated cost of
reviewing the WQMP.
(1) 5.4 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.
WATER IMPROVEMENT CONDITIONS
(1) 6.1 All proposed water improvements 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) 6.2 In accordance with the plans, a backflow prevention device may be
required to protect the public water system from cross connections.
A. If a double check detector assembly (DCDA) is required, an
easement for public utility access purposes must be dedicated
to the City of Tustin. The easement shall start from the public
right-of-way up to the DCDA with a minimum distance of five
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 11
(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 shall be required. If this is the case, a
reduced pressure principal assembly (RPPA) shall be required
to prevent cross-connection with the public water system.
(1) 6.3 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) 6.4 If applicant's project is within the East Orange County Water District
(EOCWD) service area, then a release/approval from the EOCWD
shall be obtained prior to receiving water service from the City of
Tustin. The applicant shall submit a water permit application to
EOCWD, and is responsible for all application, connection and other
EOCWD fees.
(1) 6.5 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) 6.6 The proposed domestic water system plans must conform to all
applicable regulations enforced by the Orange County Health
Department.
STREET IMPROVEMENT CONDITIONS
(1) 7.1 The applicant shall identify limited use areas for access onto public
streets. All improvements and landscaping within a limited use area
must be restricted to a height of twelve (12) inches or less. For this
project, a ten (10) foot by ten (10) foot triangle on each side of a
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 12
driveway abutting a public street shall define a limited use area which
obstructions such as bus shelters, walls or landscaping that could
block line of sight are not allowed.
(***) 7.2 Prior to issuance of a Certificate of Occupancy, the applicant shall
complete street improvements on Yorba Street along the project
frontage consisting of:
A. Design and construct concrete sidewalk, landscape, and
irrigation system along the property frontage on Yorba Street.
The proposed street tree canopy shall be no lower than eighty-
four (84) inches above the curb to ensure adequate sight lines
and clearance for pedestrians on the sidewalk and bicycles on
the street are maintained. The proposed street tree shall be
reviewed and approved by the City of Tustin Arborist prior to
installation.
B. Remove the existing depressed curb and driveway aprons and
replace with concrete sidewalk and full height curb and gutter
along Yorba Street.
C. The new driveway apron along Yorba Street shall be designed
and constructed per the City of Tustin Public Works Department
Standard Drawing 209 with minimum width of twenty-seven
(27) feet with five (5) feet Xs. Any proposed entry wall should
be ten (10) feet away from the driveway opening on either side.
D. Relocate existing "No Parking Anytime" to a City approved
location.
E. Paint red curb along the entire project frontage, excluding
driveway apron, to indicate no parking.
(1) 7.3 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.
(***) 7.4 Prior to issuance of Grading Permit, the developer shall enter into a
landscape maintenance agreement with the City of Tustin for
maintenance of parkway improvements adjacent to the project along
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 13
Yorba Street.
(***) 7.5 Prior to issuance of a Grading Permit, the applicant shall submit to the
Public Works Department twenty-four (24) inches by thirty-six (36)
inches 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) 7.6 Prior to issuance of an Encroachment Permit, the applicant shall
submit to the Public Works Department twenty-four (24) inches by
thirty-six (36) inches 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.
(1) 7.7 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. Depending on the applicable City standard, an easement
on private property for pedestrian access may be required.
SOLID WASTE RECYCLING CONDITIONS
(1) 8.1 The applicant/contractor is required to submit a WRRP to the Public
Works Department. The WRRP must indicate how the applicant will
comply with the City's requirement (City Code Section 4351 , et al) to
recycle at least sixty-five (65) percent of the project waste material or
the amount required by the California Green Building Standards Code.
A. 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
security deposit will be determined by the Public Works
Department in the following of five (5) percent of the project's
valuation as determined by the Building Official, rounded to the
nearest thousand. The deposit amount will be collected in
accordance with the Tustin City Code.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 14
B. Prior to issuance of any permit, the applicant shall submit the
required security deposit in the form of cash, cashier's check,
personal check, or money order made payable to the "City of
Tustin".
(1) 8.2 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 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. All residential developments that plan for the use of carts in
residential projects will need 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 90-gallon cart for trash, one 90-gallon cart for
recycling, and one 65-gallon cart for organics. This represents
the largest size containers that will be offered to these units.
MISCELLANEOUS CONDITIONS
(1) 9.1 Prior to issuance of a Grading Permit, the applicant shall submit an 8
'/2" x 11" street address map exhibit to the Public Works Department
for review and approval. The address map exhibit shall be in portable
document format (PDF) and shall include the site plan, foot print of
building(s), and streets.
(1) 9.2 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.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 15
(1) 9.3 Prior to issuance of a Building Permit(s), the applicant shall provide
written approval of sanitary sewer and domestic water service
connections from East Orange County Water District (EOCWD).
(1) 9.4 Any damage done to existing public street improvements and/or
utilities shall be repaired to the satisfaction of the City Engineer before
acceptance of issuance of a Certificate of Occupancy for the
development.
FEES
(1) 10.1 On the date of the public hearing, the applicant shall deliver to the
Community Development Department, a CASHIER'S CHECK payable
to the County Clerk in the amount of fifty dollars ($50.00)to enable the
City to file the appropriate environmental documentation for the
project. If within such forty-eight (48) hour period that applicant has
not delivered to the Community Development Department the above-
noted check, the statute of limitations for any interested party to
challenge the environmental determination under the provisions of the
California Environmental Quality Act could be significantly lengthened.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS