HomeMy WebLinkAboutPC RES 4470 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.
PC Resolution No. 4470
CUP 2021-0027& DR 2021-0014
Page 2
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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 bypassed 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.
L...J
• Goal 6: Improve urban design in Tustin to ensure development
that is both architecturally and functionally compatible, and to
PC Resolution No.4470
CUP 2021-0027 & DR 2021-0014
Page 3
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 socia-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
from six (6) feet to six (6) feet eight (8) inches. As designed, the
project would maintain privacy for adjoining uses.
PC Resolution No. 4470
CUP 2021-0027& DR 2021-0014
Page 4
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
Division prior to plan check. The plan shall snow the locations and
.J
design of all proposed exterior lighting, including decorative lights,
PC Resolution No. 4470
CUP 2021-0027 & DR 2021-0014
Page 5
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.
M. The City's Police Department has reviewed the application and has no
concerns.
PC Resolution No. 4470
CUP 2021-0027& DR 2021-0014
Page 6
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.
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 9th day of May, 2023.
STEVE KOZM
Chairperson
UVNA L. WILLKOM
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, 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: Douthit, Kozak, Cason, Mello (4)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT: Higuchi
JupfiNA L. WI:LLKOM
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 t
(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, J
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 (S) 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
(httus-://www.nps.gov/histo!y/local-law/arch studs 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 north, south and east property lines from
six (6) feet to six (6) feet eight (8) inches. 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.
(1) 2.15 Street Address Exhibit: At plan check, provide the following
documentation in a reduced sized format for Tustin Public Works
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY L
(4) DESIGN REVIEW EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 6
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
Code, which requires a minimum one (1) foot-candle of light on the
private drives and parking surfaces and a minimum of one-quarter
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 -
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.
LAN DSCAPEIHARDS CAPE
(5) 3.1 Landscape plans shall be reviewed and approved at plan check, and
landscape plans shall comply with the City's Wafter 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.
(1) 3.5 Revise landscape plan and add dense and fast-growing hedges along
the eastern, southern, and northern perimeter wall to serve as
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODES (7) PC/CC POLICY -J
(4) DESIGN REVIEW *** EXCEPTIONS
i
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 8
additional screening adjacent to the condominium development and
the single-family homes located to the east, south, and 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 626.
For each dwelling unit install a listed raceway to accommodate a
2081240 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
Regional Water Quality Control Board rules and regulations.
SOURCE CODES
(1.) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY -J
(4) DESIGN REVIEW * * EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 20210014
14192 Yorba Street
Page 10
(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
(5) feet all around the DCDA to allow for unobstructed access,
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 REVIE=W *** EXCEPTIONS
Exhibit A: Conditions of Approval
CUP 2021-0027and Design Review 2021-0014
14192 Yorba Street
Page 11
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
driveway abutting a public street shall define a limited use area which
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
obstructions such as bus shelters, wails 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
Yorba Street.
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
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 L J
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A; Conditions of Approval
CUP 2021-0027and Design Review 2021.0014
14192 Yorba Street
Page 14
i
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
Y2" 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
(4) DESIGN REVIEW *** EXCEPTIONS