HomeMy WebLinkAboutREVISIONS TO ITEM NO 3 CONDITIONS OF APPROVAL �s l
Inter-C�m i�
DATE: OCTOBER 10, 2023
TO: PLANNING COMMISSION
j5ROM: JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: REVISIONS TO AGENDA ITEM NO. 3: RESOLUTION NO. 4478 - CONDITIONS OF
APPROVAL
The applicant requested revisions to the Conditions of Approval that are Exhibit A to Resolution No.
4478 - Subdivision 2023-003Nesting Tentative Tract Map 19164; Design Review 2023-0019; Final
Approval of Residential Allocation Reservation 2023-0001; Density Bonus Concession/Waiver
Requests; and Development.Agreement 2023-0002 (14042 Newport Avenue).
Attached to this memo are revised conditions of approval (redlined). The revisions refine various
conditions of approval as requested by the applicant and do not change staff's technical analysis or
findings contained in Resolution No. 4478.
Attachment: Exhibit A of Resolution 4478 (Redlined)
PC RESOLUTION NO4478
SUB 2023-0003NESTING TTM NO.19164,DR 2023-0019,
RAR 2023-00001 (PHASE TWO),DENSITY BONUS
CONCESSION&WAIVER REQUESTS,DA 2023-0002
Page 3
VESTING TENTATIVE TRACT MAP 191641 FINAL MAP CONDITIONS
(1) 3.1 Prior to issuance of buiiding permits, preparation and recordation of a final Deleted:P
subdivision map shall be required and shall not preclude the issuance of a
grading permit. Within twenty-four (24) months from Tentative Map
approval,the applicant shall record,with appropriate agencies,a final map
prepared in accordance with subdivision requirements of TCC Section
9323 and the State Subdivision Map Act. The Final Map shall be submitted
for review, processing, and recording at least ninety(9a)days prior to the
expiration of the Tentative Map. Time extensions shall be in conformance
with the provision of TCC Section 9323e3 and State Subdivision Map Act.
(1) 3.2 The Subdivider shall include the following on the Final Tract Map(map):
a. Release and relinquish to the City of Tustin all vehicular access rights
along Newport Avenue and El Camino Real except at approved access
locations and street intersections,at no cost to the City.
b. Dedicate in fee title, Newport Avenue to the City of Tustin, at no cost to
the City..
c. Dedicate by easement, the proposed public amenity open space area
(1,392 square fleet of real property on-site for public use or benefit), to
the City of Tustin, at no cost to the City.
(1) 3.3 Prior to approval of the Final Tract Map 19164,the Subdivider shall satisfy
dedication and/or reservation requirements as applicable,including,but not
limited to, dedication in Fee Title of all required street rights-of-way; and
dedication of vehicular access rights, sewer easements, and water
easements defined and approved as to specific locations by the City
Engineer(at no cost to the City)and/or other agencies.
(1) 3.4 Prior to approval of the final map, the applicant is required to execute a
subdivision and monumentation agreement and furnish improvement and
monumentation bonds,all on forms acceptable to the City.
(1) 3.5 Prior to issuance of a Grading Permit,the applicant shall submit an 81/2"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, footprint of building(s), and
streets.
PC RESOLUTION NO 4478
SUB 2023-0003NESTING TTM NO.19164,DR 2023-0019,
RAR 2023-00001 (PHASE TWO),DENSITY BONUS
CONCESSION&WAIVER REQUESTS,DA 2023-0002
Page 5
(1) 4.3 No outdoor storage shall be permitted during grading or building stages
except as approved by the Community Development Director.
4.4 If in the future the City's Community Development Director, Police Chief,
and/or Public Works Department determines that the vehicle turn
movements into and out of the project driveways along El Camino Real and
Newport Avenue need to be reassessed, the Community Development
Director, Police Chief, and/or Public Works Department may require
(** ) applicant or homeowners association to prepare a traffic analysis and the
applicant or homeowners association shall bear all associated costs. If
said study indicates that there is inadequate capacity at the project
driveway(s), the applicant shall be required to provide measures to be
reviewed and approved by the Community Development Department,
Police Chief,and/or Public Works Department. Deleted:Said measures may include,but are not
limited to,the following:¶
CONDITIONS,COVENANTS&RESTRICTIONS(CC&Rs) Extending the center raised median along Newport Avenue.¶
Any measures recommended to eliminate traffic conflicts
along EI Camino Real.
(1) 5.1 Prior to recordation of the final map, all organizational documents for the
project, including any covenants, conditions, and restrictions (CC&Rs),
shall be submitted to and approved by the Community Development
Department and City Attorney's Office. Costs for such review shall be borne
by the subdivider.
(1) 5.2 In connection with the submittal of the CC&Rs to the Community
Development Department and City Attorneys Office for review, the
subdivider shall provide a matrix/table identifying each of the requirements
under this Section, i.e., Sections 5 and 6, and the corresponding
page/paragraph where they are addressed in the CC&Rs.
(1) 5.3 The approved CC&Rs shall be recorded with County Recorders Office
concurrent with the issuance of the first C of O for a dwelling unit in the
development. A copy of the recorded CC&Rs shall be submitted to the
Community Development Department after recordation.
(1) 5.4 No dwelling unit in the development shall be sold or a C of O issued, unless
a homeowners association has been legally formed with the right to levy
assessments on all dwelling units in the development and to use such
assessments to operate and maintain all other mutually available features
of the development including, but not limited to, public and private open
space,amenities, landscaping, private street, and utilities.
(1) 5.5 The CC&Rs shall include, but are not limited to,the following provisions:
PC RESOLUTION NO 4478
SUB 2023-0003NESTING TTM NO.19164,DR 2023-0019,
RAR 2023-00001 (PHASE TWO),DENSITY BONUS
CONCESSION&WAIVER REQUESTS,DA 2023-0002
Page 18
south of El Camino Real. On- and off-site signage will be required
notifying drivers of the left-turn restrictions. Signage comprised of a one-
way sign(i.e.,R10 right)and a yellow diamond sign on the raised median
across the driveway(on Newport Avenue), and a No Left-Turn sign (as
opposed to a Right-Turn Only sign)with the stop sign at the driveway exit
should be posted.
(1) 12.8 The construction landscape and irrigation plan shall:
a. Identify limited use areas for access onto public streets(at a minimum
a 10'triangle on each side of a driveway, a 25'triangle at a signalized
intersection behind the sidewalk,and based on a corner sight distance
analysis for parkway landscaping);
b. Hardscape improvements and landscaping within a limited use area
must be restricted to a height of 30"-48" inches or less depending on
the speed of the road; and
c. Obstructions such as walls or landscaping that could block line of sight
are not allowed in the limited use area, and proposed street tree with
a diameter of no greater than 24 inches shall have a canopy no lower
than 84 inches above the curb to ensure adequate sight lines of
pedestrians on the sidewalk and vehicles and bicycles on the street
are maintained;and
d. The proposed street tree and tree well locations along Newport-- Formatted:Not Highlight
Avenue shah be approved by the City of Tustin Arborist.,The Newport--- Commented[LC1t:Deleting per discussion with PW.
Avenue street tree shall be a 24 inch box of Lophostemon confertus--
(Brisbane Box). If developer installs street trees along El Camino Real Deleted:
then the proposed street tree and tree well locations along El Camino
Real shall be approved by the City of Tustin Arborist.
(***) 12.9 If street trees are protected in place, root protection zones (RPZ's)shall
be established for existing street trees proposed to remain. The RPZ area
shall be calculated as an area equivalent to a circle with a radius twelve
(12)times the trunk diameter measured four (4) feet above the base of
the tree. Construction activity within the RPZ and root pruning, if needed,
shall implement best management practices (BMP's) as established by
the International Society of Arboriculture(ISA)and be in accordance with
ANSI A300. Root pruning shall be done under the direction of a Certified
Arborist employed at the developer's expense. An assessment shall be
made post-construction by the Arborist,and in concurrence with the City's
Arborist,to determine tree viability. Construction-damaged trees found to
PC RESOLUTION NO 4478
SUB 2023-0003NESTING TTM NO.19164,DR 2023-0019.
RAR 2023-00001 (PHASE TWO),DENSITY BONUS
CONCESSION&WAIVER REQUESTS,DA 2023-0002
Page 19
have an unacceptable level of risk shall be removed and replaced by the
applicant at no cost to the City.
WATER IMPROVEMENTS
(1) 13.1 Off-site Water Improvement Plans must follow the latest City of Tustin
Water Standards and the American Water Works Association (AWWA)
guidelines. In case of a conflict, the City of Tustin Water Standards shall
prevail.
(1) 13.2 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 RAN up to the DCDA with a
minimum distance of five (5) feet all around the DCDA to allow for
unobstructed access, inspection,testing,and maintenance.
b. If a building sprinkler system is required by 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
principle assembly (RPPA) shall be required to prevent cross-
connection with the public water system.
(1) 13.3 Any easements for construction and maintenance of public water facilities
within private property shall be reviewed and approved by the Public Works
Department prior to recordation with the County Clerk-Recorder. The
applicant shall submit a legal description and sketch of the area to the Public
Works Department for review and approval, as prepared by a California
Re istered Civil Engineer or California Licensed Land Surveyor.
(1) 13.4 The developer 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 as necessary.
(1, 5) 13.5 This project is within the East Orange County Water District (EOCWD)
Wholesale water service area, a release/approval from the EOCWD shall
be obtained prior to receiving water service from the City of Tustin. The
developer shall submit a water permit application to EOCWD, and is
responsible for all application,connection and other EOCWD fees. Deleted;Please contact EOCWD at
idelaosotis(aleocwd.com or 714-538-5815¶
PC RESOLUTION NO 4478
SUB 2023-00031VESTING TTM NO.19164,DR 2023-0019,
PAR 2023-00001 (PHASE TWO),DENSITY BONUS
CONCESSION&WAIVER REQUESTS,DA 2023-0002
Page 21
assigned with no less than one(1)foot of space between containers.
Driveways/garages must be fully accessible at all times. Placement
of containers for collection must allow for ADA access at all times.
d. All developments are required to provide space for the collection of
organic materials. All 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 PUBLIC WORKS CONDITIONS
(1) 15.1 The developer shall satisfy dedication and/or reservation requirements as
applicable,including,but not limited to,dedication in Fee Title of all required
street rights-of-way; dedication of all required flood control right-of-way
easements; and dedication of vehicular access rights, sewer easements,
and water easements defined and approved as to specific locations by the
City Engineer(at no cost to the City)and/or other agencies.
(1) 15.2 CADD Requirements - In addition to the normal full-size map and plan
submittal, all final maps and plans including, but not limited to,tract maps,
parcel maps, RAW maps, records of survey, public works improvements,
private infrastructure improvements,final grading plans,and site plans shall
he submitted to the Public Works Department in computer aided design and
drafting (CADD) format to the satisfaction of the City Engineer. The
standard file format is AutoCAD Release 2009,or latest version,having the
extension "DWG'. All layering and linotype conventions are AutoCAD-
based (latest version available upon request from the Public Works
Department). The CADD files shall be submitted to the City at the time
plans are approved,and updated CADD files reflecting"as built"conditions
shall be submitted once all construction has been completed. No project
bonds will be released until acceptable "as built" CADD files have been
submitted to the City.
(1, 5) 15.3 Prior to issuance of a Building Permit(s),the applicant shall provide written Formatted:List Paragraph
approval from EOCWD for sanitary sower service connections to the City of
Tustin. I — Deleted:Please contact EOCWD at
(1) 15.4 Any damage done to existing public street improvements and/or utilities, idelaosolls eomd.comor714-538-5815
shall be repaired to the satisfaction of the City Engineer before acceptance Deleted;.¶
PC RESOLUTION NO 4478
SUB 2023-0003NESTING TTM NO.19164,DR 2023-0019,
RAR 2023-00001 (PHASE TWO),DENSITY BONUS
CONCESSION&WAIVER REQUESTS,DA 2023-0002
Page 22
of the tract and/or issuance of a C of O for the development on any parcel
within the subdivision.
BUILDING PLAN SUBMITTAL
(1) 16.1 The final approved conditions of approval shall be reprinted on the first or
second page of the construction documents when submitting to the Building
Department for the plan check process.
(1, 3) 16.2 At the time of building permit application, the plans shall comply with the
latest edition of the codes, City Ordinances, State and Federal laws, and
regulations as adopted by the Tustin City Council.
(1) 16.3 Prior to the issuance of grading permit,the Developer shall submit plans to
the Community Development Director for fencing or other temporary
enclosure to shield the project site from pedestrian and vehicular view on
Newport Avenue and El Camino Real, and properties along the property
line for review and approval. Such fencing or enclosure shall remain in
lace until the project is completed.
(1) 16.4 Prior to the issuance of building permits, the applicant shall submit a
photometric lighting plan showing compliance with the Tustin Security Code,
which requires a minimum one(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.
(1) 16.5 A soils report is required for all now residential construction. A soils report
addressing foundation and seismic designs shall be provided for review with
the construction documents.
(1) 16.6 Fire sprinklers shall be required in all newly constructed buildings. The
detached single-family and duplex townhome units shall be fire sprinklered
in accordance with NFPA 13-D. CBC 903.3.1.3.
(1) 16.7 All direct service overhead powerlines within the exterior boundary lines of
the project serving the property shall be located underground pursuant to
TCC Section.8107. Deleted:ez�1
(1) 16.8 Prior to issuance of a grading permit, the applicant or developer shall
provide"will-serve"letters from all utility providers.
(1,2) 16.9 Prior to issuance of radin ermit and building permit, the ro'ect shall
PC RESOLUTION NO 4478
SUB 2023-00031VESTING TTM NO.19164,DR 2023-0019,
RAR 2023-00001 (PHASE TWO),DENSITY BONUS
CONCESSION&WAIVER REQUESTS, DA 2023-0002
Page 24
ENVIRONMENTAL/
MITIGATION MEASURES
(2)— 16.1 The project shall comply with the MMRP for the DCCSP(SP12)EIR dated
June 2018 (Council Resolution No. 18-24). For reference,see Exhibit C to
Resolution No.4478 for a copy of the MMRP.
(2) 18.2 Per Mitigation Measure AQ-10 for toxic air contaminants (TAC), the
Applicant/ Developer submitted a Health Risk Assessment (HRA) Report
dated July 24, 2023 to the Community Development Department that
concluded that the project will not be a significant source of toxic air
contaminants (TAC) and would not be exposed to significant diesel
particulate matter(DPM)TAC emissions and cancer risk from nearby traffic
along the 1-5 freeway with inclusion of the following recommended
measures:
a. Measure 1: Heating,ventilation,and air conditioning(HVAC)systems of
the buildings provided with filter of maximum efficiency rating value
(MERV)of thirteen(13)or better.
b. Based on this measure("Measure 1"),the City will require the following
to ensure implementation and maintenance of Measure 1 in perpetuity.
1. Prior to issuance of C of O for each unit, provide proof of installation of
building filtration systems with MERV 13 or better.
2. The project's CC&Rs shall include a clause that requires residents to
operate and maintain their HVAC systems, including MERV filters, to
manufacturer s specifications. Future residents will be made aware of
this requirement prior to purchasing their condominium during the
escrow/disclosures process. Thus, the requirements to maintain the
MERV filter system will be disclosed early on and should not be
surprising to residents. See CC&R section starting on Condition Of
Approval No.5.1.
ORANGE COUNTY SANITATION DISTRICT Deleted: oc sArl
(1,5) 19.1 Prior to issuance of grading permit,submit a sewer study to the Orange
County Sanitation District for review. Please contact Orange County Deleted:OC SAN's
Sanitation District if the project will impact any of Orange County Deleted:OC SAN ataslew ncson.aovor714-593-
Sanitation District's}acilities. 7164
- Deleted:OG SAN's