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Resolution 23-46
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RESOLUTION NO. 23-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING
SUBDIVISION 2023-0003/VESTING TENTATIVE TRACT MAP 19164 FOR
RESIDENTIAL CONDOMINIUM PURPOSES, DESIGN REVIEW 2023-0019, FINAL
APPROVAL OF RESIDENTIAL ALLOCATION RESERVATION 2023-0001, DENSITY
BONUS CONCESSION AND WAIVER REQUESTS TO CONSTRUCT A NEW,
LIVE/WORK AND RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT
WOULD INCLUDE THIRY-FIVE (35) RESIDENTIAL CONDOMINIUM UNITS AND SEVEN
(7) LIVE/WORK UNITS, FOR A TOTAL OF FORTY-TWO (42) UNITS IN SIX (6)
BUILDINGS, INCLUDING TWO (2) AFFORDABLE UNITS, ON APPROXIMATELY TWO
(2) ACRES AT 14042 NEWPORT AVENUE
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That a proper application has been submitted to the City of Tustin (the City)
Community Development Department by City Ventures Homebuilding, LLC
for a Subdivision Map (SUB 2023-0003) / Vesting Tentative Tract Map (VTTM
No. 19164), Design Review (DR) 2023-0019, Final Approval of Residential
Allocation Reservation (RAR), Density Bonus requests, and Development
Agreement (DA) 2023-0002 for one (1) concession to remove the requirement
for full replacement of frontage improvements along El Camino Real; two (2)
waivers to reduce the minimum required ground floor commercial
development standards within the live/work units that include the interior depth
from forty-five (45) feet to thirteen (13) feet eight (8) inches (13’-8”) and first
(1st) floor plate height of the live/work units from sixteen (16) feet to ten (10)
feet one (1) inch (10’-1”); and use of State Density Bonus Law parking
standards, which allow tandem parking; and Development Agreement (DA)
2023-0002 to construct a new, live/work and residential condominium
development project that would include thirty-five (35) residential
condominium units and seven (7) live/work units, for a total of forty-two (42)
units in six (6) buildings, including two (2) affordable units, on approximately
two (2) acres. The project would also include an enclosed, two-car garage and
private open space for each dwelling unit, a total of seventeen (17) guest
surface parking spaces, common open space areas, landscaping, and a
1,392 square foot (SF) public amenity space fronting El Camino Real. The
project is located at 14042 Newport Avenue within Development Area 6C (DA-
6C subarea) of the Downtown Commercial Core Specific Plan (DCCSP, SP-
12).
B. That the Development Application requests the following approvals:
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• SUB 2023-0003 / VTTM No. 19164 to subdivide the existing three
(3) parcels to one (1) lot for condominium purposes to construct a
total of forty-two (42) units including forty (40) market rate and two
(2) affordable units.
• DR 2023-0019 for site layout and building design.
• Final Approval of RAR 2023-0001 reserving thirty-five (35) base
residential units.
• Density Bonus request with five (5) percent of units identified as very-
low income housing with a request for density bonus of twenty (20)
percent (35 base units, plus seven (7) density bonus units); one (1)
concession to remove the requirement for full replacement of
frontage improvements along El Camino Real; two (2) waivers to
reduce the minimum required ground floor commercial development
standards within the live/work units that include the interior depth
from forty-five (45) feet to thirteen (13) feet eight (8) inches (13’-8”)
and first (1st) floor plate height of the live/work units from sixteen (16)
feet to ten (10) feet one (1) inch (10’-1”); and use of State Density
Bonus Law parking standards, which allow tandem parking.
• DA 2023-0002 consistent with the requirements of the DCCSP.
C. That the project has been reviewed for consistency with the Air Quality Sub-
element of the City of Tustin General Plan and has been determined to be
consistent with the Air Quality Sub-element.
D. That Tustin City Code (TCC) Section 9323b2 requires TTMs be prepared for
subdivisions creating five (5) or more condominiums as defined in Section 783
of the California Civil Code.
E. That TCC Section 9272b requires the applicant obtain DR for site plan,
architectural elevations, and landscaping for construction of a new
development prior to the issuance of any building permit.
F. That pursuant to TCC Section 9123, the applicant has requested a Density
Bonus Law concession to remove the requirement for full replacement of
frontage improvements along El Camino Real.
G. That pursuant to TCC B9923, the applicant elected to provide five percent (5%)
of base units in the residential project, or two (2) affordable units, and made
available to very low-income households.
H. That pursuant to DCCSP Section 6.1.3.1, a DA is required for approval of a
Subdivision Map.
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I. That pursuant to TCC Section 9124, the applicant requested Density Bonus
Law waivers for a reduction in the minimum required ground floor commercial
development standards within the live/work units that include the interior depth
from forty-five (45) feet to thirteen (13) feet eight (8) inches (13’-8”), and
reduction in the minimum first (1st) floor plate height mixed use development
standards from sixteen (16) feet to ten (10) feet one (1) inch (10’1”) in the
DCCSP zoning district.
J. That pursuant to TCC Section 9132, the applicant requested Density Bonus
Law parking provision to allow tandem parking for twenty-two (22) of the
residential condominium units (Plan Type 1 and Plan Type 1-ALT).
K. That a public hearing was duly called, noticed, and held for SUB 2023-0003/
VTTM 19164, DR 2023-0019, Final Approval of RAR 2023-0001, Density
Bonus concession and waiver requests, and DA 2023-0002 on October 10,
2023, by the Planning Commission.
L. That after the close of the public hearing, the Planning Commission adopted
Resolution Nos. 4478 and 4479 recommending that the City Council find that
the project is consistent with the Subdivision Map Act, City’s General Plan,
TCC and provisions of the DCCSP and approve the subject entitlements.
M. That a public hearing was duly called, noticed, and held for SUB 2023-0003/
VTTM 19164, DR 2023-0019, Final Approval of RAR 2023-0001, Density
Bonus Concession and Waiver Requests, and DA 2023-0002 on November
7, 2023, by the City Council.
N. That the City Council considered a statutory exemption from CEQA pursuant
to State CEQA Guidelines Section 15182(c). The Section 15182(c) statutory
exemption allows residential projects implementing a Specific Plan if a public
agency has adopted an Environmental Impact Report (EIR) on a specific plan
after January 1, 1980, and no subsequent EIR has been completed. The
DCCSP EIR was certified in 2018 and none of the conditions described in
CEQA Section 15162 calling for the preparation of a subsequent EIR/Notice
of Determination have occurred. Therefore, the City Council finds SUB 2022-
0003/VTTM 19164, DR 2023-0019, Final Approval of RAR 2023-0001,
Density Bonus concession/waivers request, and DA 2023-0002 exempt
from CEQA pursuant to CEQA Guidelines Section 15182(c).
O. That as conditioned, Sub 2023-0003/VTTM 19164 would be in conformance
with the State Subdivision Map Act and TCC Section 9323 (Subdivision Code)
in that:
1. The proposed VTTM 19164 and improvements are consistent with
DCCSP, TCC, and Subdivision Map Act.
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2. The site is physically suitable for the type of development and
proposed density for a new, live/work and residential condominium
development project that would include a total of forty-two (42) units
in six (6) buildings on approximately two (2) acres within the
allowable density requirements of DCCSP General Plan designation.
3. The design of the proposed subdivision and improvements are not
likely to cause substantial environmental damage in that the
development is located on a vacant parcel within an urbanized area
and any potential environmental impacts can be mitigated to a level
less than significant as determined in the 2018 certified DCCSP EIR.
4. The design of the subdivision or the types of improvements proposed
are not likely to cause serious public health problems, and the
development is in compliance with the Zoning Code and the DCCSP,
except for those development standards associated with the Density
Bonus request and will be required to comply with the applicable
building and life safety codes.
5. That the waste discharge from the proposed subdivision into a
community sewer system will not result in or add to violations of
existing requirements, prescribed by the Regional Water Quality
Control Board, in that the development will be permitted through the
Orange County Sanitation District and/or East Orange County Water
District to utilize community sewer facilities.
6. That recommendations provided in the preliminary geotechnical
report would be implemented in the grading and foundation
improvements associated with the project.
P. That the City’s Public Works Department has reviewed the map and
determined that, as conditioned, it is technically correct.
Q. That the project meets the development standards of the DCCSP zoning
district for Development Area 6 (DA-6C), except for those waivers and
concession requested by Density Bonus law.
R. That TCC Section 9331d requires the subdivider to dedicate parkland
and/or pay a fee in-lieu of providing a parkland dedication. That common
open space in excess of what is required by TCC is provided and the project
includes a subdivision of less than fifty (50) parcels. Pursuant to TCC
9331d3, the applicant shall be required to dedicate or pay a park in-lieu fee
for the entire parkland dedication requirement of 12,258 square feet.
Consistent with DCCSP Section 6.6(B)(4), the project includes a 1,392
square foot public amenity space that is accessible to the public via
easement and includes a decorative wall, seating, landscaping, and
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lighting. The Developer or homeowners’ association (“HOA”) will maintain
the public amenity space at the sole cost of the Developer or HOA, as
applicable, and such obligation shall be set forth in the CC&Rs for the
Project. TCC Section 9331d6 allows for a “credit” for public park
improvements provided on-site and the City agrees to credit the actual
square footage of land and value of the improvements against the payment
of in-lieu fees.
S. That the proposed project is consistent with the General Plan Housing
Element Goal 1 in that the project would facilitate the provision of an
adequate supply of housing to meet the need for a variety of housing types
and the diverse socio-economic needs of all community residents and
supports State Housing Law as implemented by the Regional Housing
Needs Assessment (RHNA) and the requirement of Voluntary Workforce
Housing Ordinance (TCC B9911 et seq.). The Project proposes thirty-five
(35) residential and seven (7) live/work units, for a total of forty-two (42)
housing units. Two (2) of the forty-two (42) units will be reserved for “very
low-income households.” The remaining forty (40) units will be market rate
or (“above moderate”) units. in addition, the applicant will pay an in-lieu
affordable housing fee which will be used for development of affordable
housing in another location within the City.
T. That the remaining sites identified in the Housing Element are adequate to
meet the requirements of Government Code Section 65583.2 and to
accommodate the City’s remaining unmet regional housing need allocation at
each income level.
1. Pursuant to subdivision (b)(2) of Government Code Section 65863,
if the City allows development of any parcel with fewer units by
income category than identified in the Housing Element Sites
Inventory for that parcel, the City is required to make a written finding
supported by substantial evidence as to whether or not remaining
sites identified in the Housing Element are adequate to meet the
requirements of Government Code Section 65863.2 and to
accommodate the City’s regional housing need allocation (RHNA) at
each income level.
2. The project site is identified in the City’s Housing Element Sites
Inventory as Site 15, with an estimated capacity to accommodate 60
total units, consisting of 9 very low-income units, 3 low income units,
15 moderate income units, and 33 above-moderate income units.
The project proposes a total of 42 units for the site, consisting of 40
above moderate-income units and 2 very low-income units. As a
result, the proposed project is 18 fewer total units and fewer
moderate, low and very low-income units than identified in the
Housing Element sites inventory for the project site.
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3. The City’s RHNA for the 2021-2029 planning period is 6,782 housing
units for all income levels, consisting of 1,724 very low-income units,
1,046 low income units, 1,132 moderate income units, and 2,880
above moderate-income units. Accounting for “pipeline," at the time
the City’s Housing Element was prepared, 556 units had been
permitted or approved on sites included in the Sites Inventory to
satisfy the City’s RHNA. Therefore, counting these “pipeline” units,
at the time the Housing Element was prepared, the City’s unmet
RHNA was 6,226 units, which consisted of 1,708 very low-income
units, 1,042 low income units, 1,128 moderate income units, and
2,348 above-moderate income units. Subsequent to preparation of
the Housing Element, as of October 10, 2023, the City has permitted
or approved 57 new housing units (including ADUs) on sites that are
not identified in the Housing Element, including 2 very low-income
units, 1 low income units, 2 moderate income units, and 52 above
moderate-income units. Except for the “pipeline” units, no projects
have been approved on the sites identified in the Housing Element
Sites Inventory. Therefore, following approval of the proposed
project, the City’s remaining unmet RHNA will be 6,127 total units,
consisting of 1,703 very low-income units, 1,041 low income units,
1,126 moderate income units, and 2,257 above moderate-income
units.
4. The Housing Element identifies 18 sites (each made up of multiple
parcels) to meet the City’s 2021-29 RHNA at each income level.
Sites 1 through 16 are within General and Specific Plan areas which
do not impose specific density limits for individual sites, and many of
these sites can accommodate more density than reflected in the
estimated capacities listed for these sites in the Sites Inventory. For
example, the development densities reflected in the Sites Inventory
for the parcels within the Downtown Core Specific Plan Area range
from 27 to 48 dwelling units per acre; but recent multifamily projects
in the vicinity have been built at densities as high as 90 dwelling units
per acre, and recent mixed-use developments within the City have
been proposed at densities of up to 62 dwelling units per acre. As
described in the Housing Element, the City took a conservative
approach in estimating capacity for sites within the DCCSP Area, and
these sites could accommodate higher density and, based on their
zoning, site characteristics, and expressed property owner and
developer interest, these sites are suitable for development of
additional moderate and lower income units.
5. The Housing Element also provides for a 20% “buffer” consisting of
1,356 units on parcels within Tustin Legacy (Housing Element Sites
1 and 2), which is intended to accommodate additional residential
development to meet the City’s RHNA in the event that other
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remaining sites identified in the Housing Element cannot
accommodate the City’s unmet RHNA. Therefore, although the
proposed project will provide 7 fewer very low-income units, 3 fewer
low-income units, and 15 fewer moderate-income housing units than
identified in the Housing Element for Site 15, the remaining sites
identified in the Housing Element are adequate to accommodate
these units and the City’s remaining unmet RHNA at each income
level.
U. That the location, size, and general appearance of the proposed project, as
conditioned, is compatible with the surrounding area in that there are existing
multi-family residences in the general area of similar massing and scale. In
addition, the architectural design and features are an enhancement to the
existing housing stock in the neighborhood. The proposal will not impair the
orderly and harmonious development of the area, the present or future
development therein, or the occupancy as a whole. In making such findings,
the City Council has considered at least the following items:
• Building Design. The project is designed to be a vibrant, high-
quality residential development providing business
opportunity along El Camino Real consistent with the DCCSP.
The architectural style is contemporary and features clean
lines, ample glazing and fenestration, windows with trim
surrounds and siding, metal canopies and railings, and subtle
color schemes. The building elevations include vertical and
horizontal architectural features and color schemes that break
up the overall massing and provide visual interest as shown
in the elevations.
• Site Layout. The site has pedestrian and vehicular access
from Newport Avenue and El Camino Real. Each street
frontage includes one two-way driveway and pedestrian path
that leads to all areas of the project site. Residential buildings
are proposed away from the I-5 freeway and two buildings that
include the live/work units front El Camino Real. . The
driveway entry along Newport Avenue is flanked by
landscaped setback planting area enhanced accent plaza
(public amenity space) along the eastern driveway edge. The
three-story buildings are proposed to comply with maximum
allowable height of four stories for the DCCSP DA-6C. Roof
top mechanical equipment would be fully enclosed within a
parapet, and other electrical equipment would be screened
from public view.
• Access and Circulation. The project would include one (1)
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primary twenty-seven (27) foot-wide driveway on El Camino
Real and a secondary twenty-seven (27) foot-wide driveway on
Newport Avenue. The driveways connect to a twenty-six (26)
foot-wide drive isle that loops around the interior of the project
site. On-site drive aisles would provide direct access to garages
and on-site guest parking. Pedestrian sidewalks and pathways
would be installed to circulate the site and connect to the
proposed common open space located fronting Buildings 3 and
4, as well as the plaza (public amenity space) area along El
Camino Real.
• Parking. The project provides the minimum amount of parking
required for residential, guest and business parking per the
DCCSP and TCC.
• Private and Common Open Space. The project would provide
the following open space areas:
o Each unit is designed with a private entrance and a
minimum of 100 square feet of private open space including
a minimum of 50 square feet of enclosed storage. The
project has a combined private open space area of 5,531
square feet, with an average of 132 square feet of private
open space per unit which exceeds the minimum open
space requirement required in DCCSP DA-6C.
o The total common open space provided is 11,173 square
feet, including a combination of the Common and areas
adjacent to walkways. Pursuant to the DCCSP, 8,400
square feet of common open space is required and in total,
an average of 266 square feet per unit. The common open
space areas include lawn area, a variety of shrubs and
trees, overhead structure, BBQs, picnic tables and seating
areas.
• Lighting. Proposed outdoor lighting would be typical of
residential uses and would consist of wall-mounted lighting,
pole-mounted lights along the driveway, path lights/bollards,
and landscape lighting. All of the project’s outdoor lighting
would be shielded to minimize off-site spill and would be in
compliance with TCC Section 9271hh.
• Wall and Fences. The project will include a combination of
walls and fences. A barrier is not required along the southern
perimeter to maintain a defensible space and visibility
between the project site and the I-5 retaining wall. Along the
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eastern boundary shared with the adjacent Kings Car Wash,
there is an existing three (3) foot wall gradually transitions into
a six foot eight inches high (6’-8”) wrought iron fence with
pilasters. This wall and fence will be protected in place. Staff
has recommended a condition of approval (Condition of
Approval No. 7.10) that the project provide landscaping along
the eastern property line with the car wash site to provide a
buffer between the dwelling units and the car wash. A new
6’8” screen wall will be provided along the property lines with
the Jack in the Box site.
• Landscaping. The proposed landscape plan features water
efficient design and includes several different plant species
across the project site. Groundcovers, shrubs, succulents and
trees will provide screening and aesthetic treatment along all
property lines. In addition, all planting and irrigation shall
comply with applicable water conservation limits.
• Appearance and design relationship of proposed structures to
existing structures and possible future structures in the
neighborhood and public thoroughfares. The contemporary
building design with accent materials is compatible with other
buildings in the area. The buildings would meet the
development standards as required by the DCCSP and TCC,
except as those deviations per the Density Bonus requests.
• Density Bonus Concession. The applicant is requesting a
Density Bonus concession to remove the requirement for full
replacement of frontage improvements along El Camino Real.
• Density Bonus Waivers. The applicant is requesting two (2)
Density Bonus waivers to reduce the minimum required ground
floor commercial development standards within the live/work
units that include the interior depth from 45 feet to 13 feet-8
inches (13’-8”) and first (1st) floor plate height of the live/work
units from sixteen (16) feet to 10 feet to 1 inch (10-1”).
V. That the development is consistent with findings required for approval of the
RAR pursuant to Section 6.6 of DCCSP as described in Exhibit D attached
hereto.
II. The City Council hereby approves SUB 2023-0003/VTTM 19164, DR 2023-0019,
RAR 2023-0001 and Density Bonus Concession and Waiver Requests authorizing
the subdivision of an existing two (2) acre site consisting of one (1) numbered lot
for the development of forty-two (42) condominium residences, including forty (40)
market rate and two (2) affordable units located at 14042 Newport Avenue, subject
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to the conditions contained within Exhibit A, attached hereto.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting
on the 7th day of November 2023.
AUSTIN LUMBARD,
Mayor
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
_________________________________
DAVID E. KENDIG,
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is 5; and that the above and foregoing Resolution No. 23-46 was duly
passed, and adopted at a regular meeting of the City Council held on the 7th day of
November, 2023, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
____________________
ERICA N. YASUDA,
City Clerk
Exhibit A: Conditions of Approval
Exhibit B: VTTM 19164
Exhibit C: DCCSP EIR Mitigation Monitoring and Report Program (MMRP)
Exhibit D: RAR 2023-0001 Approval Letter with written findings pursuant to DCCSP
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Schnell
Lumbard, Clark, Gallagher, Gomez (4)
(0)
(0)
(0)(1)
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SOURCE CODES
(1)STANDARD CONDITION (5)RESPONSIBLE AGENCY REQUIREMENT
(2)CEQA MITIGATION (6)LANDSCAPING GUIDELINES
(3)UNIFORM BUILDING CODE/S (7)PC/CC POLICY
(4)DESIGN REVIEW *** EXCEPTION
EXHIBIT A
CONDITIONS OF APPROVAL
SUB 2023-0003/VTTM 19164, DR 2023-0019,
FINAL APPROVAL OF RAR-2023-0001,
DENSITY BONUS CONCESSION AND WAIVER REQUESTS,
AND DA 2023-0002
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped October 10, 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 Design Review (DR) 2023-0019 shall become null and void
unless permits for the proposed project are issued and substantial
construction is underway within twenty-four (24) months of this approval,
unless otherwise provided for by the Development Agreement (DA) 2023-
0002. Time extensions may be considered consistent with the provisions
of DA 2023-0002.
(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 SUB 2023-0003/VTTM 19164, DR 2023-0019, final approval of
Reservation Allocation Reservation (RAR) 2023-0001, Density Bonus
Concession and Waiver requests, and DA 2023-0002 are contingent upon
the applicant and property owner signing and returning to the Community
Development Department a notarized "Agreement to Conditions Imposed"
form and the applicant and/or property owner signing and recording with the
County Clerk Recorder a notarized "Notice of Discretionary Permit Approval
and Conditions of Approval" form. The forms shall be established by the
Community Development Director, and evidence of recordation shall be
provided to the Community Development Department.
EXHIBIT A
PC RESOLUTION NO 4478
SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019,
RAR 2023-00001 (PHASE TWO), DENSITY BONUS
CONCESSION & WAIVER REQUESTS, DA 2023-0002
Page 2
(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 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney’s fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
(1) 1.7 As a condition of approval of SUB 2023-0003/VTTM 19164, DR 2023-0019,
final approval of RAR 2023-0001, Density Bonus Concession and Waiver
requests, and DA 2023-0002, the applicant shall agree, at its sole cost and
expense, to defend, indemnify, and hold harmless the City, its officers,
employees, agents, and consultants, from any claim, action, or proceeding
brought by a third party against the City, its officers, agents, and employees,
which seeks to attack, set aside, challenge, void, or annul an approval of
the City Council, the Planning Commission, or any other decision-making
body, including staff, concerning this project. The City agrees to promptly
notify the applicant of any such claim or action filed against the City and to
fully cooperate in the defense of any such action. The City may, at its sole
cost and expense, elect to participate in the defense of any such action
under this condition.
(1) 1.8 All activities shall comply with the City’s Noise Ordinance per Chapter 6
of Article 4 of the TCC.
(1) 1.9 This approval shall become null and void if DA 2023-0002 is not approved
and executed. The applicant shall comply with executed DA 2023-0002.
(1) 1.10 In the case of any conflict between these Conditions of Approval and DA
2023-0002, the DA between the City of Tustin and Developer shall govern.
DEVELOPMENT AGREEMENT AND HOUSING AGREEMENT
(***) 2.1 The DA between the City of Tustin and the Developer shall be executed and
recorded upon adoption.
(***) 2.2 Per TCC Section B9923c, the Housing Incentive Program Agreement
(Housing Agreement) shall be executed and recorded between the City of
Tustin and the Developer prior to the issuance of building permits.
Said Agreement shall be recorded against the entire property. The Housing
Agreement may include provisions for the following terms, but not limited to:
1) equity sharing, 2) level of affordability, and 3) terms of affordability.
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VESTING TENTATIVE TRACT MAP 19164 / FINAL MAP CONDITIONS
(1) 3.1 Prior to issuance of building permits, preparation and recordation of a final
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 (90) days prior to the
expiration of the Tentative Map. Time extensions shall be in conformance
with the provision of TCC Section 9323e3 and State Subdivision Map Act.
(1) 3.2 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 feet 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 8 ½” x
11” street address map exhibit to the Public Works Department for review
and approval. The address map exhibit shall be in portable document
format (PDF) and shall include the site plan, footprint of building(s), and
streets.
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(1) 3.6 Prior to submittal of an application to the City for approval of the final map,
the applicant is required to submit to the City a report to establish the
required Park Land Fee, per TCC 9331, which requires that fair market
value be determined by a Master Appraisal Institute (MAI) Designated
member of the Appraisal Institute acceptable to the City and at the expense
of the subdivider; and the determination shall consider the value of a
buildable acre of land at the time the final map is to be recorded, as if
otherwise the land would be fully developed to the residential density shown
on the tentative map for which the fees are required. TCC Section 9331d6
allows for a “credit” for public park improvements provided on-site and the
City agrees to credit the actual square footage of land and value of the
improvements against the payment of in-lieu fees. Park Land Fee shall be
approved by the Parks and Recreation Director and prior to issuance of a
Certificate of Occupancy (C of O), consistent with the provisions of DA
2023-0002.
USE RESTRICTIONS
(***) 4.1 The project shall include construction of a new, live/work residential
development project that would include thirty-five (35) residential
condominium units and seven (7) live/work units, for a total of forty-two (42)
units in six (6) buildings, including two (2) affordable units, on approximately
two (2) acres. Five (5) percent of the base units (thirty-five (35) units) would
be affordable to very-low income households, making the Project eligible
for a twenty (20) percent density bonus, unlimited waivers, one
concession/incentive, and State Density Bonus Law parking standards
under State Density Bonus Law. The project would also include an
enclosed, two-car garage and private open space for each unit, seventeen
(17) guest surface parking spaces, common open space areas and
landscaping, and a 1,392 square foot (SF) public amenity space. The
project includes a density bonus request for one (1) Concession to remove
the requirement for full replacement of frontage improvements along El
Camino Real; two (2) waivers to reduce the minimum required ground floor
commercial development standards within the live/work units that include
the interior depth from forty-five (45) feet to thirteen (13) feet eight (8) inches
(13’-8”) and first (1st) floor plate height of the live/work units from sixteen
(16) feet to ten (10) feet one (1) inch (10’-1”); and use of State Density
Bonus Law parking standards, which allow tandem parking.
(4) 4.2 All parking spaces shall be maintained as shown on the approved plans
dated October 10, 2023. Any changes to the number, location, or size of
parking spaces shall be reviewed and approved by the Community
Development Director.
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(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 at plan check, 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 to prepare a traffic analysis and the applicant shall bear all
associated costs. If said study indicates that there is inadequate capacity
at the project driveway(s), the applicant shall be required to provide
measures to be reviewed and approved by the Community Development
Department, and Public Works Department.
CONDITIONS, COVENANTS & RESTRICTIONS (CC&Rs)
(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 Attorney’s 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 Recorder’s 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:
A. The City shall be included as a party to the CC&Rs for enforcement
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purposes of those CC&R provisions in which the City has interest as
reflected in the following provisions. However, the City shall have the
right but not the obligation to enforce the CC&Rs.
B. The requirement that association bylaws be established.
C. Provisions for the, operation, management, use, repair, and
maintenance of all common areas and facilities including open space,
landscaped areas, balconies, decks, walls and fences, private roadways
(i.e., walkways, sidewalks, driveways), lighting, and furnishings,
awnings/overhead structures, trash enclosures, water quality
management plan BMPs and private utilities, if any, shall be established
in the CC&Rs.
D. Open space areas, private or common open space area, shall be
illustrated on a “Open Space Exhibit” and shall be made part of the
CC&Rs and shall specify those portions of the open space area that are
allocated for private or common use. The exhibit shall include the Public
Amenity Area that is accessible to the public. The CC&Rs shall include
provisions for authorized uses and structures, access, maintenance,
and restrictions in the private use areas to minimize nuisances to
adjacent properties.
E. Membership in the homeowners association shall be inseparable from
ownership in individual dwelling units.
F. Architectural controls shall be provided and may include, but not be
limited to, provisions regulating architectural features, exterior finishes,
roof materials, fences and walls, balconies, accessory structures such
as patios, sunshades, trellises, gazebos, awnings, exterior mechanical
equipment, television and radio antenna, consistent with the TCC.
G. General maintenance guidelines shall be provided for applicable items
listed in Section C above in CC&Rs. Examples of maintenance
guidelines are shown below.
1. All common area landscaping and private areas visible from any
public way shall be properly maintained such that they are evenly
cut, evenly edged, and free of debris and weeds. All trees and
shrubs shall be trimmed so they do not impede vehicular or
pedestrian traffic. Trees shall be pruned so they do not
unreasonably intrude into neighboring properties and shall be
maintained so they do not create unlawful nuisances to
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neighboring properties. All trees shall be installed with root
barriers and also be periodically root pruned to eliminate exposed
surface roots and damage to sidewalks, driveways, and
structures.
2. All private drives, sidewalks, and open space areas shall be
maintained so that significant pavement cracks, pavement
distress, excessive slab settlement, abrupt vertical variations, and
debris are removed or repaired.
3. Common areas shall be maintained in such a manner as to avoid
the reasonable determination of a duly authorized official of the
City that a public nuisance has been created by the absence of
adequate maintenance such as to be detrimental to public health,
safety, or general welfare.
H. Homeowners association approval of exterior improvements, requiring
a building permit, shall be obtained prior to requesting a building permit
from the City of Tustin Community Development Department. All plans
for exterior improvements shall conform to requirements set forth by the
City and the CC&Rs.
I. A “Parking and Circulation Exhibit” shall be made part of the CC&Rs and
shall be enforced by the homeowners association. In addition to the
exhibit, provisions regarding parking shall be included in the CC&Rs,
including the following:
1. A total of one hundred and one (101) parking spaces shall be
available onsite as shown below:
a. Eighty four (84) parking spaces shall be available
onsite permanently maintained at a rate of two (2)
garage spaces per dwelling unit;
b. Ten (10) guest surface parking spaces for the
residential units (one (1) space for every four (4) units
or 0.25 space per unit);
c. Seven (7) additional guest parking spaces on-site, that
complies with the non-residential parking requirements
per TCC Section 9263 for ground floor non-residential
uses within the seven (7) proposed live/work units (One
(1) space for each 250 sq. ft. of gross floor area for the
first 25,000 square feet).
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Any changes to the parking shall be subject to the prior review
and approval by the Community Development Department in
accordance with TCC.
2. Residents shall not store or park any non-motorized vehicles,
trailers or motorized vehicles that exceed seven (7) feet high,
seven (7) feet wide, and nineteen (19) feet long in any parking
space, garage, driveway, or private street area except for the
limited purpose of loading, unloading, making deliveries or
emergency repairs subject to any rules and regulations adopted
by the homeowners association.
3. Residents shall park vehicles in garage spaces. Storage of
personal items may occur in the garages only to the extent the
number of vehicles for which the garage was originally designed
and constructed by the subdivider to accommodate may still be
parked within the required garage spaces.
4. The homeowners association shall be responsible for monitoring
and enforcing all parking regulations in the development. The
proposed CC&Rs shall include provisions requiring the
association to develop and adopt an enforcement program for
parking regulations within the development which may include
measures for fire access and enforcement, e.g., by the
homeowners association, management company, private
company, etc.
J. Provisions for enforcing individual trash cart placement at designated
curb areas no earlier than noon on the day before scheduled collections
and removed within twelve (12) hours of collection. The CC&Rs shall
include an exhibit that includes the Trash Pick-up Plan as approved by
CR&R. Advise each homeowner of the designated location for
individual trash placement as shown on the Trash Pick-up Plan as
approved by CR&R.
K. Maintenance of all common areas, public amenity space, driveways,
etc., shall be by the homeowner’s association.
L. Television and radio antennas shall be installed in accordance with the
requirements of applicable law.
M. All utility services serving the site shall be installed and maintained
underground pursuant to TCC 9271.
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N. A “Site Plan Exhibit” showing accessible units shall be made part of the
CC&Rs in compliance with the California Building Code (CBC), as
identified on the approved Site Plan dated October 10, 2023. The
accessible features shall not be reduced at any time and shall be
maintained in good condition throughout the life of the building. The
accessible features include, but not limited to bathrooms, bedrooms,
doors, patios, accessible entries, changes in elevation, common use
spaces and parking spaces.
1. Accessible Residential Units identified on the approved Site Plan
dated October 10, 2023. Chapter 11 A of CBC addresses
accessibility in the residential units. The accessible features of these
residential units shall not be reduced at any time and shall be
maintained in good condition throughout the life of the building as
stated in CBC.
1102A.2 Existing buildings. Covered multifamily dwellings shall be
maintained in compliance with the accessibility standards in effect at
the time of construction.
2. Accessible live-work units are identified on the approved Site Plan,
dated October 10, 2023, as ground floor of Plan 3 live-work units
fronting El Camino Real are “Public Accommodation” and governed
by Chapter 11B Section 245 of CBC as shown below.
11B-245.2 Application. When a public accommodation is located
in a private residence, that portion used exclusively in the operation
of the public accommodation or that portion used both for the public
accommodation and for residential purposes, is covered by the new
construction and alterations requirements of this chapter.
Exception: The portion of the residence, used exclusively as a
residence, is not required to be accessible in accordance with this
chapter.
11B-245.3 Accessible elements required. The accessible portion
of the residence extends to those elements used to enter the public
accommodation, including the front sidewalk, if any, the door or
entryway, and hallways; and those portions of the residence, interior
or exterior, available to or used by employees or visitors of the public
accommodation, including restrooms.
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All accessible features of live-work units shall be maintained in good
condition for the life of the building.
11B-202.3.1 Prohibited reduction in access. An alteration that
decreases or has the effect of decreasing the accessibility of a
building or facility below the requirements for new construction at
the time of the alteration is prohibited.
O. The homeowners association shall be required to file the names,
addresses, and telephone numbers of at least one (1) member of the
homeowners association Board and, where applicable, a manager of
the project before January 1st of each year with the Community
Development Department for the purpose of contacting the association
in the case of emergency or in those cases where the City has an
interest in CC&R violations.
P. General easements shall be provided to public agencies to access and
maintain any public utilities in the development.
Q. No amendment to alter, modify, terminate, or change the homeowners
association's obligation to maintain the common areas and the project
perimeter wall or other CC&R provisions in which the City has an
interest, as noted above, or to alter, modify, terminate, or change the
City's right to enforce maintenance of the common areas and
maintenance of the project perimeter wall, shall be permitted without the
prior written approval of the Community Development Department.
R. A clause that requires residents to operate and maintain their Heating,
ventilation, and air conditioning (HVAC) systems, including Minimum
Efficiency Reporting Value (MERV) filters to manufacturer's
specifications. Future residents will be made aware of this requirement
prior to purchasing their dwelling unit during the escrow/disclosures
process.
HOMEBUYER NOTIFICATION
(1) 6.1 Prior to issuance of the first C of O in the development, the subdivider shall
submit to the Community Development Department for review and approval
a homebuyer notification or disclosure document that includes, but is not
limited to, the notifications listed below. The notification or disclosure
document shall be signed by each homebuyer prior to final inspection and
occupancy, and a copy of each signed notification shall be mailed to the
Community Development Department.
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A. A notice for roadway, airplane noise, and noise generated from the
drive-thru restaurants and car wash that may impact the subdivision,
including roadway noise associated with Interstate 5 (I-5), Newport
Avenue and El Camino Real.
B. A notice regarding units that are adjacent to aboveground utilities or
structures (such as light standards and fire hydrants) identifying the type
of structure and their locations.
C. A notice indicating that any use of a residence for a business shall be
subject to the City's Home Occupation Ordinance and will require zoning
clearance and a business license.
D. A notice indicating that any use of a live/work unit for a business will
require zoning clearance and a business license.
E. A notice explaining the easements, facilities, amenities, and dedications
that will be provided and indicating areas that are exclusive use by
residents and the public amenity space is available for use by the public.
F. A notice stating trash bins shall be placed in designated curb areas as
shown on an Exhibit to the CC&Rs n approved by CR&R no earlier than
twelve (12) hours prior to the scheduled collections and removed within
twelve (12) hours of collection.
G. A notice explaining and providing a copy of the approved “Parking Plan”
and related CC&Rs provisions.
H. A notice explaining and providing a copy of the approved “Phasing Plan”
for future construction within the subdivision and that activity may be
disruptive.
I. A notice for any unit identified as a Accessibility requirements per the
2022 California Building Code (CBC): A notice for any accessible unit,
as identified on the approved Site Plan dated October 10, 2023 and
required per the CBC, to keep all accessible features for life of the
buildings including, but not limited to: bathrooms, showers, bedrooms,
accessible entries and changes in elevation. Chapter 11A of the CBC
addresses accessibility in residential only units (Plan types 1 and 2); ten
percent (10%) of the residential units or a minimum of four (4) residential
units. All live/work (Plan Type 3) units fronting El Camino Real shall be
accessible because customers visiting the work area make it a “public
accommodation” which is governed by Chapter 11B section 245.
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J. A notice that discloses the potential health impacts to prospective
residents from living in a close proximity of I-5 and the reduced
effectiveness of air filtration system when windows are open and/or
when residents are outdoors (e.g., in the common usable open space
areas). The notice should disclose the following, but not limited to,
regarding enhanced filtration units:
i. Identify that the homeowner is responsible to ensure that
enhanced filtration units are inspected regularly and replaced on
time, if appropriate and feasible.
ii. Disclose the potential increase in energy costs for running the
HVAC system to prospective residents.
iii. Provide recommended schedules (e.g., once a year or every 6
months) for replacing the enhanced filtration units to prospective
residents.
SITE AND BUILDING DESIGN
(4) 7.1 Project signage shall be reviewed under separate permits and are not part
of the project approval. Any proposed temporary or permanent signage
should comply with TCC Article 9 Chapter 4 of TCC including construction
and real estate signage per TCC 9413.
(1, 4) 7.2 During plan check, submit a master sign plan as required per TCC Section
9403h.
(4) 7.3 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.
(4) 7.4 Project materials shall comply with those identified in the approved plans
and are subject to field verification. Additional color and material samples
may be requested by City staff at the time of plan check. Substitutions to
the approved materials may occur subject to the approval of the Community
Development Director. Enhancements to the architectural detailing may be
required at the time of plan check based on the proposed materials.
(4) 7.5 All mechanical and electrical equipment shall be adequately and
decoratively screened. The screen shall be included as an element of the
overall design of the project and blend with the architectural design of the
building. All telephone and electrical boxes shall be identified on the
construction plans. Electrical transformers located adjacent to El Camino
Real and Newport Avenue shall be both painted to blend with the adjacent
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building and be screened by adequate landscaping; together paint and
landscaping shall be provided to minimize visual impacts of the equipment.
(4) 7.6 Balcony run-off shall be integrated into the building structure and storm
drain system. Balcony drain water shall not drain down the side of balconies
and/or building exterior.
(4) 7.7 Construction drawings shall specify use of anti-graffiti products for
treatment of both sides of the wall along the property line.
(4) 7.8
All electrical, telephone, community antenna, television and similar service
wires or cables which provide direct service to the property being
developed, shall be installed underground within the exterior boundary lines
of such property.
(4) 7.9 Provide final wall and fence plan in applicable plan sheets for applicable
building permits (landscape plan, architectural plans for reference, and
structural plans). Final design of proposed screen wall along the property
lines with the Jack in the Box property (APN 432-074-06) may require
coordination with adjacent property owners, and final design will be
reviewed and approved by the Community Development Department. Per
TCC Section 9271i, the height of wall would be up to three (3) feet high in
the front yard setback area and up to six (6) feet eight (8) inches (6’-8”) high
along the remainder of the property line with adjacent properties.
(4) 7.10 Provide dense and fast-growing hedges or trees (landscaping) along the
eastern property line with the Kings Car Wash property (APN 432-074-04) to
provide a buffer between the dwelling units and the car wash.
(4) 7.11 Provide final photometric and lighting plan in applicable plan sheets for
applicable building permits (landscape plan, architectural plans for
reference, and structural plans).
LANDSCAPI NG
(1, 6) 8.1 At plan check, complete detailed landscaping and irrigation plans for all
landscaping areas are required, consistent with the approved landscape
plans, City Council Ordinance 1465, adopted Guidelines for
Implementation of the Water Efficient Landscape Ordinance and Section
9266e of the TCC.
NOISE/ FINAL ACOUSTICAL (NOISE) ANALYSIS
(1) 9.1 During plan check, the Applicant/ Developer shall submit a final acoustical
report if design of the development changes substantially to the
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Community Development Director, or designee, which shall identify all
reasonable and feasible noise attenuation measures to satisfy the exterior
noise level standard, as defined by the City of Tustin General Plan Noise
Element and TCC Article 4, Chapter 6, Section 4614(c).
(1) 9.2 During plan check, the Applicant/Developer shall submit a final acoustical
report to the Community Development Director, or designee, that
demonstrates that the interior noise levels in all habitable rooms will
satisfy the 45 dBA CNEL interior noise level standard of the City of Tustin
General Plan Noise Element, Article 4, Chapter 6, Section 4615 of the
TCC, and Title 24, Part 2, of the California Building Code.
(1) 9.3
During plan check and prior to issuance of a building permit, provide
detailed notes and details on applicable Architectural plan sheets for any
noise attenuation measure/barrier for review and approval by the
Community Development Department to comply with the City’s Noise
Ordinance including, but not limited to the following:
a. Residential (interior areas).
i. Windows and glass doors with minimum STC ratings as
required;
ii. Residential mechanical ventilation, or other means of natural
ventilation.
b. Exterior Use Areas.
i. Final design for proposed awning/canopy over common open
space area in compliance with “Table N-3” of the City’s
General Plan Noise Element for outdoor environment limited
to picnic areas and other areas of frequent human use.
ii. Final design for proposed solid awning/canopies over first
floor patios that are six (6) feet or more in depth with a direct
line-of-site to the I-5 freeway (buildings 2, 3, and 4 and
anything to both sides of building 1) that are not covered by
the second-story balconies, in compliance with “Table N-3” of
the City’s General Plan Noise Element for outdoor
environment limited to rear yard of multifamily patios and
balconies (with a depth of 6 feet or more) and common
recreational areas.
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iii. Other noise barriers/attenuation measures identified in final
acoustics analysis.
ORANGE COUNTY FIRE AUTHORITY (OCFA)
(1, 5) 10.1 Prior to OCFA clearance of a final map or issuance of a building permit, the
applicant shall submit a Fire Master Plan (service code PR145).
(1, 5) 10.2 Prior to issuance of a building permit, the applicant shall submit plans to
OCFA for underground piping for private hydrants and fire sprinkler system
(service code PR470-PR475).
(1, 5) 10.3 Prior to concealing interior construction, the applicant shall submit plans to
OCFA for fire sprinkler system (service codes PR400-PR465) and fire alarm
system (service code PR500-PR520).
(1,5) 10.4 Specific submittal requirements may vary from those listed above
depending on actual project conditions identified or present during design
development, review, construction, inspection, or occupancy. Portions of
the project that are deferred shall be subject to the codes, standards, and
other applicable requirements in force on the date that the deferred plan is
submitted to OCFA. Standard notes, guidelines, informational bulletins,
submittal instructions, and other information related to plans reviewed by
the OCFA may be found by visiting ocfa.org and clicking on “Planning &
Development Services” in the menu bar at the top of the screen.
(1, 5) 10.5 Temporary/Final Occupancy Inspections: Prior to issuance of temporary or
final C of O, all OCFA inspections shall be completed to the satisfaction of
the OCFA inspector and be in substantial compliance with codes and
standards applicable to the project and commensurate with the type of
occupancy (temporary or final) requested. Inspections shall be scheduled
at least five days in advance by calling OCFA Inspection Scheduling at 714-
573-6150.
(1, 5) 10.6 Pre-construction meeting: Prior to commencement of construction,
applicant shall attend a pre-construction meeting with an OCFA inspector.
(1, 5) 10.7 Lumber-drop Inspection: After installation of required fire access roadways
and hydrants, the applicant shall receive clearance from the OCFA prior to
bringing combustible building materials on-site. Call OCFA Inspection
Scheduling at 714-573-6150 with the Service Request number of the
approved fire master plan at least five (5) days in advance to schedule the
lumber drop inspection.
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WATER QUALITY CONDITIONS
(1) 11.1 This development shall comply with all applicable provisions of the City of
Tustin Water Quality Ordinance and all Federal, State, and Regional Water
Quality Control Board rules and regulations.
(1) 11.2 Prior to issuance of any permits, the applicant shall submit for approval by the
Community Development and Public Works Departments, a Priority Water
Quality Management Plan (WQMP). The Priority WQMP shall identify: the
implementation of BMPs, the assignment of long-term maintenance
responsibilities (specifying the developer, parcel owner, maintenance
association, lessees, etc.), and reference to the location(s) of structural BMPs.
(1) 11.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of three-
thousand dollars ($3,000.00) to the Public Works Department for the
estimated cost of reviewing the Final WQMP.
(1) 11.4 Prior to issuance of any permits, the applicant shall record a “Covenant and
Agreement Regarding O & M Plan to Fund and Maintain Water Quality
BMPs, Consent to Inspect, and Indemnification” with the County Clerk-
Recorder. This document shall bind current and future owner(s) of the
property regarding implementation and maintenance of the structural and
non-structural BMPs as specified in the approved WQMP.
(1) 11.5 Prior to issuance of the first C of O, the engineer responsible for the
approved WQMP shall submit an original signed and stamped Stormwater
Observation Report Form to the Public Works Department.
(1) 11.6 Final hydrology plans shall be submitted to the City for review based upon
the project’s final design calculations and project elements.
STREET IMPROVEMENTS
(1) 12.1 Prior to any work in the public right-of-way (R/W), an Encroachment Permit
shall be obtained from, and applicable fees paid to the Public Works
Department.
(1) 12.2 Prior to issuance of an Encroachment Permit, the applicant shall submit 24”
x 36” reproducible street improvement plans with engineer’s estimate, as
prepared by a California Registered Civil Engineer, to the Public Works
Department for approval. The street improvement plans should include the
following, but not limited to:
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a. Proposed fire hydrant on Newport Avenue.
b. Relocation of streetlight on Newport Avenue.
c. Parkway landscape and irrigation.
d. Parkway drains.
e. Commercial Driveway aprons.
f. Remove the existing driveway aprons and design and construct new curb
and gutter and sidewalk at the old driveway locations on Newport Avenue
and El Camino Real.
g. Reconstruction of damaged or ADA-incompatible public improvements
(curb & gutter and sidewalk) adjacent to this development.
h. Wet & dry utility improvements.
(1) 12.3 Prior to issuance of an Encroachment Permit for construction within the
public right-of-way, the applicant shall submit a 24” x 36” construction area
traffic control plan, as prepared by a California Registered Traffic Engineer
or Civil Engineer experienced in this type of plan preparation, to the Public
Works Department for approval.
(1) 12.4 If work is to occur in within Caltrans’ easement or R/W, developer shall
obtain applicable approval/permit from Caltrans for improvements and
temporary construction traffic control devices.
(1) 12.5 Federal Americans with Disabilities Act (ADA) requirements shall be met at
all driveways and sidewalks adjacent to the site.
(1) 12.6 Developer shall coordinate the design and construction of all utilities with
the utility providers and the City. The applicant is responsible for the
coordination and all costs related to the installation, upgrade, alteration,
relocation, or abandonment of all existing wet and dry utilities affected by
the proposed project as necessary.
(1,***) 12.7 The “Secondary Entry” to the Project on Newport Avenue shall be right-
turn in/right-turn out only, due to the raised median on Newport Avenue
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
PC RESOLUTION NO 4478
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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-foot triangle on each side of a driveway, a 25-foot 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 thirty to forty-eight inches (30”-48”) 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 twenty-four (24) inches shall have a
canopy no lower than eighty-four (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
Avenue shall be approved by the City of Tustin Arborist. The Newport
Avenue street tree shall be a twenty-four (24) inch box of Lophostemon
confertus (Brisbane Box). If the developer installs street trees along El
Camino Real, then the proposed street tree and tree well locations
along 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
have an unacceptable level of risk shall be removed and replaced by the
applicant at no cost to the City.
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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 R/W 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
Registered 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.
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(1, 5) 13.6 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 OCFA. Plans meeting OCFA fire protection
requirements must be stamped and approved by that agency.
(1, 5) 13.7 The proposed domestic water system plans must conform to all applicable
regulations enforced by the Orange County Health Department.
SOLID WASTE RECYCLING CONDITIONS
(1, 3) 14.1 Construction and Demolition Waste Recycling and Reduction Plan
(WRRP).
a. Prior to issuance of any permit, the applicant/contractor is required
to submit a WRRP to the Public Works Department. The WRRP
must indicate how the applicant will comply with the City’s
requirement (TCC Section 4351, et al) to recycle at least sixty-five
(65) percent of the project waste material or the amount required by
the California Green Building Standards Code.
b. The applicant will be required to submit a fifty dollar ($50.00)
application fee and a cash security deposit. Based on the review of
the submitted Waste Management Plan, the cash security in the
amount of five (5) percent of the project’s valuation as determined by
the Building Official, rounded to the nearest thousand. The deposit
amount shall be collected in accordance with the TCC.
c. Prior to the issuance of any permit, the applicant shall submit the
required security deposit in the form of cash, cashier’s check,
personal check, or money order made payable to the “City of Tustin”.
(1) 14.2 Facility Solid Waste Collection and Recycling Plan.
a. The developer, applicant, property owner, and/or tenant(s) are
required to participate in the City’s recycling program.
b. Waste and Recycling collection facilities shall be equally and readily
accessible by the property owner(s) or tenant(s).
c. For residential properties assigned containers for their individual use,
placement of containers for collection by the City’s contracted hauler
shall be adjacent to the specific residence for which they are
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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, R/W maps, records of survey, public works improvements,
private infrastructure improvements, final grading plans, and site plans shall
be submitted to the Public Works Department in computer aided design and
drafting (CADD) format to the satisfaction of the City Engineer. The
standard file format is AutoCAD Release 2009, or latest version, having the
extension ”DWG”. All layering and linotype conventions are AutoCAD-
based (latest version available upon request from the Public Works
Department). The CADD files shall be submitted to the City at the time
plans are approved, and updated CADD files reflecting “as built” conditions
shall be submitted once all construction has been completed. No project
bonds will be released until acceptable “as built” CADD files have been
submitted to the City.
(1, 5) 15.3 Prior to issuance of a Building Permit(s), the applicant shall provide written
approval from EOCWD for sanitary sewer service connections to the City of
Tustin.
(1) 15.4 Any damage done to existing public street improvements and/or utilities
shall be repaired to the satisfaction of the City Engineer before acceptance
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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
place until the project is completed.
(1) 16.4 Prior to the issuance of building permits, the applicant shall submit a
photometric lighting plan showing compliance with the Tustin Security Code,
which requires a minimum one (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 new residential construction. A soils report
addressing foundation and seismic designs shall be provided for review with
the construction documents.
(1) 16.6 Fire sprinklers shall be required in all newly constructed buildings. The
detached single-family and duplex townhome units shall be fire sprinklered
in accordance with NFPA 13-D. CBC 903.3.1.3.
(1) 16.7 All direct service overhead powerlines within the exterior boundary lines of
the project serving the property shall be located underground pursuant to
TCC Section 8107.
(1) 16.8 Prior to issuance of a grading permit, the applicant or developer shall
provide “will-serve” letters from all utility providers.
(1, 2) 16.9 Prior to issuance of grading permit and building permit, the project shall
PC RESOLUTION NO 4478
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demonstrate compliance with all applicable mitigation measures identified in
the Mitigation Monitoring and Report Program (MMRP) for the Downtown
Commercial Core Specific Plan (DCCSP) Environmental Impact Report
(EIR) dated June 2018. A mitigation monitoring report shall be submitted to
the City. See conditions under Environmental/CEQA section below starting
at Condition Of Approval No. 18.1.
(1, 2) 16.10 Prior to C of O, the project shall demonstrate compliance with all applicable
mitigation measures identified in the MMRP for the DCCSP Environmental
Impact Report (EIR) dated June 2018. A final mitigation monitoring report
shall be submitted to the City.
FEES
(1, 5) 17.1 Prior to issuance of a C of O for a residential unit of the project, Developer
shall pay a per unit park in-lieu fee, as each C of O is issued by the City. The
park land in-lieu fee shall include a credit for the land area and improvements
made within the publicly accessible amenity open space.
(1) 17.2 Prior to issuance of a C of O for a residential unit of the project, Developer
shall pay a per unit and per bedroom new construction fee, as each C of O
is issued by the City.
(1, 5) 17.3 Prior to issuance of a Building Permit(s), payment of the most current Tustin
Unified School District and Major Thoroughfare and Bridge Fees (for the
Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin
(through the Public Works Department) shall be required. The fee rate
schedule automatically increases on July 1st of each year.
(1, 5) 17.4 Developer shall pay an affordable housing in-lieu fee in the amount and
timeframe specified in the executed associated Housing Incentive
Agreement.
(1) 17.5 Within forty-eight (48) hours of final approval of the project at Planning
Commission and City Council action, the applicant shall deliver to the
Community Development Department, a CHECK payable to the County
Clerk in the amount of fifty dollars ($50.00). 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 (CEQA) could be
significantly lengthened.
PC RESOLUTION NO 4478
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ENVIRONMENTAL/
MITIGATION MEASURES
(2) 18.1 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 I-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
(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
Sanitation District, if the project will impact any of Orange County
Sanitation District’s facilities.
STOPKEEPKEEPKEEPAHEADAHEADAHEADAHEAD
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SCHOOLSCHOOLCLEARCLEARCLEARAHEADAHEADAHEADSIGNALSIGNALSIGNALSTOPSIGNALGASGASGASGASUP17RUP17RUP17RUP17RUP17RUP17RUP17R96 Gal.33.5" Dia.96 Gal.33.5" Dia.96 Gal.33.5" Dia.96 Gal.33.5" Dia.96 Gal.33.5" Dia.96 Gal.33.5" Dia.96 Gal.33.5" Dia.96 Gal.33.5" Dia.96 Gal.33.5" Dia.96 Gal.33.5" Dia.96 Gal.33.5" Dia.96 Gal.33.5" Dia.96 Gal.33.5" Dia.DESCRIPTIONNO.DATEREVISIONS0SCALE: 1" = 30'15 3060
DESCRIPTIONNO.DATEREVISIONS
DESCRIPTIONNO.DATE
REVISIONS
0
SCALE: 1" = 30'
15 30 60STOPKEEPKEEPKEEPAHEADAHEADAHEADAHEADSIGNALSIGNALSIGNALSIGNALSCHOOLSCHOOLCLEARCLEARCLEARAHEADAHEADAHEADSIGNALSIGNALSIGNALSTOP
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1
2
3
4
5
6
11
12
13
14
15
7
8
91016
GASGASGASGASDESCRIPTIONNO.DATEREVISIONSFIRE LANE“”
Exhibit B to Resolution 4478 Mitigation Monitoring and Reporting Program (MMRP) for DCCSP EIR
Method of Verification Comments
Pre
Const.
During
Const.
Post
Cost.
Initials Date
Mitigation Measure AQ-1:
Tier 3.
The construction plans and specifications shall state that project
construction that utilizes construction equipment greater than 150
horsepower (>150 HP) shall comply with EPA/CARB Tier 3 emissions
standards during all construction phases and shall ensure that all
construction equipment be tuned and maintained in accordance with the
manufacturer’s specifications.
Submittal/ review of
construction plans X X X
Mitigation Measure AQ-2:
Low VOC.
The construction plans and specifications shall state that project
construction shall utilize “Super-Compliant” low VOC paints which have
been reformulated to exceed the regulatory VOC limits put forth by
SCAQMD’s Rule 1113. Super-Compliant low VOC paints shall be no more
than 10g/L of VOC. Alternatively, the applicant/developer may utilize valid
construction techniques that do not require the use of architectural
coatings.
Submittal/ review of
construction plans X X
Mitigation Measure AQ-3:
Electricity.
The construction plans and specifications shall state that contractors shall
use the electricity infrastructure surrounding the construction site, if
available, rather than electrical generators powered by internal combustion
engines.
Submittal/ review of
construction plans X X
Mitigation Measure AQ-4:
Alternative Technology.
The construction plans and specifications shall state that contractors shall
use alternative fueled, engine retrofit technology, after-treatment products
(e.g., diesel oxidation catalysts, diesel particulate filters), and/or other
options as they become available, including all offroad and portable diesel-
Submittal/ review of
construction plans/logs X X
Mitigation Measure AQ-5:
Equipment Maintenance.
Construction plans and specifications shall state that construction
equipment be maintained in good operating condition to reduce emissions.
The construction contractor shall ensure that all construction equipment is
being properly serviced and maintained as per the manufacturer’s
specification. Maintenance records shall be available at the construction
site for City verification.
Submittal/ review of
construction
plans/maintenance
records
X
Mitigation Measure AQ-6:
Construction Vehicle
Management Plan
For projects requiring construction vehicles, construction plans and
specifications shall state that the applicant/developer and/or building
operators shall prepare and maintain a construction vehicle management
plan, to be made available upon request to the City of Tustin Building
Division, denoting the proposed schedule and projected equipment use.
The construction vehicle management plan shall include, as a minimum:
idling time requirements; requiring hour meters on equipment;
documenting the serial number, horsepower, age, emissions ratings, and
fuel of all onsite equipment. The plan shall state that California state law
requires equipment fleets to limit idling to no more than 5 minutes, and
that low emission vehicles will be used. If low emission mobile construction
equipment is not used, construction contractor shall provide evidence in
the construction vehicle management plan that their use was investigated
and found to be infeasible. Contractors shall also conform to any
construction measures imposed by the South Coast Air Quality
Management District as well as the City of Tustin.
Review of Construction
Vehicle Management Plan X X
Timing of Verification Completed
Air Quality
EXHIBIT C
Exhibit B to Resolution 4478 Mitigation Monitoring and Reporting Program (MMRP) for DCCSP EIR
Method of Verification Comments
Pre
Const.
During
Const.
Post
Cost.
Initials Date
Timing of Verification Completed
Air QualityMitigation Measure AQ-7:
Energy Usage
Calculations.
Prior to the issuance of building permits for new development projects
requiring design review, project applicants/developers shall submit plans
certifying that the proposed development is designed to achieve 5 percent
efficiency beyond the 2016 California Building Code Title 24 requirements
to the satisfaction of the City of Tustin Building Division. Example of
measures that reduce energy consumption include, but are not limited to,
the following (it being understood that the items listed below are not all
required and merely present examples; the list is not allinclusive and other
features that reduce energy consumption also are acceptable):
• Increase in insulation such that heat transfer and thermal bridging is
minimized;
• Limit air leakage through the structure and/or within the heating and
cooling distribution system;
• Use of energy-efficient space heating and cooling equipment;
• Installation of electrical hook-ups at loading dock areas;
• Installation of dual-paned or other energy efficient windows;
• Use of interior and exterior energy efficient lighting that exceeds the 2016
California Title 24 Energy Efficiency performance standards;
• Installation of automatic devices to turn off lights where they are not
needed;
• Application of a paint and surface color palette that emphasizes light and
offwhite colors that reflect heat away from buildings;
• Design of buildings with “cool roofs” using products certified by the Cool
Roof Rating Council, and/or exposed roof surfaces using light and off-
white colors;
Submittal/Review of
Construction Plans X
• Design of buildings to accommodate photo-voltaic solar electricity
systems or the installation of photo-voltaic solar electricity systems; and
• Installation of ENERGY STAR-qualified energy-efficient appliances,
heating and cooling systems, office equipment, and/or lighting products.
Mitigation Measure AQ-8:
Enhanced Water
Conservation.
Prior to the issuance of building permits for new development projects
requiring design review, project project is designed to reduce water usage
by a minimum of 30 percent when compared to baseline water demand
(total expected water demand without implementation of the Water
Conservation Strategy). Projects shall also implement the following:
• Landscaping palette emphasizing drought tolerant plants;
• Use of water-efficient irrigation techniques; and
• U.S. Environmental Protection Agency (EPA) Certified WaterSense
labeled or equivalent faucets, high-efficiency toilets (HETs), and water-
conserving shower heads.
The above measures reduce water consumption, but it is understood that
the list is not all-inclusive and other features that reduce water
consumption also are acceptable.
Submittal/Review of
landscape plans X
Mitigation Measure AQ-9:
Localized Emissions.
Prior to issuance of a grading permit for new development projects that are
one acre or larger, the applicant/developer shall provide modeling of the
regional and the localized emissions (NOx, CO, PM10, and PM2.5)
associated with the maximum daily grading activities for the proposed
development. If the modeling shows that emissions would exceed the
SCAQMD’s significance thresholds for those emissions, the maximum
daily grading activities of the proposed development shall be limited to the
extent that could occur without resulting in emissions in excess of
SCAQMD’s significance thresholds for those emissions.
Submittal/review of
grading plans X
Exhibit B to Resolution 4478 Mitigation Monitoring and Reporting Program (MMRP) for DCCSP EIR
Method of Verification Comments
Pre
Const.
During
Const.
Post
Cost.
Initials Date
Timing of Verification Completed
Air QualityMitigation Measure AQ-
10: Toxic Air
Contaminants:
Development proposals for new residential and other sensitive land use
projects (e.g., nursing homes, day care centers) in the Specific Plan area
within 500 feet of major sources of toxic air contaminants ((e.g., Interstate
5, and roadways with traffic volumes over 100,000 vehicles per day), as
measured from the property line of the project to the property line of the
source/edge of the nearest travel lane, shall submit a health risk
assessment (HRA) to the City of Tustin Planning Division prior to design
review approval. The HRA shall be prepared in accordance with policies
and procedures of the SCAQMD. If the HRA shows that the incremental
cancer risk exceeds ten in one million (10E-06), PM10 concentrations
exceed 2.5 μg/m3, PM2.5 concentrations exceed 2.5 μg/m3, or the
appropriate noncancer hazard index exceeds 1.0, the project
applicant/developer shall be required to submit an HRA that demonstrates
and certifies that mitigation measures are capable of reducing potential
cancer and non-cancer risks to an acceptable level (i.e., below ten in one
million or a hazard index of 1.0), including appropriate enforcement
mechanisms. Measures to reduce risk may include but are not limited to:
• Air intakes located away from high volume roadways and/or truck loading
zones; and
• Heating, ventilation, and air conditioning systems of the buildings
provided with
appropriately sized maximum efficiency rating value (MERV) filters (e.g.,
MERV 12 or better).
• Buffering sensitive uses away from emission sources.
Submittal/review of Health
Risk Assessment (HRA);
compliance with
SCAQMD procedures;
Provide proof of
installation of enhanced
filtration units.
X X X
LC 8/1/23;
see
notes.
The applicant submitted a HRA Report dated July 24,
2023 to the Planning Division that concluded that the
project will not be a significant source of TACs and
would not be exposed to significant diesel particulate
matter (DPM) TAC emissions and cancer risk from
nearby traffic along Interstate 5 with inclusion of the
recommended measure below. The HRA Report
recommended the following:
a. Measure 1: Heating, ventilation, and air
conditioning systems of the buildings provided with
filter of maximum efficiency rating value (MERV) 13 or
better. See Resolution No. 4478, COA #18.2 for
further
Cultural Resources
Exhibit B to Resolution 4478 Mitigation Monitoring and Reporting Program (MMRP) for DCCSP EIR
Method of Verification Comments
Pre
Const.
During
Const.
Post
Cost.
Initials Date
Timing of Verification Completed
Air QualityMitigation Measure CUL-
1:
Prior to issuance of a grading permit for grading of two (2) feet or more in
depth below the natural or existing grade, the applicant/developer shall
provide written evidence to the City Planning Division that a qualified
archaeologist has been retained by the applicant/developer to respond on
an as-needed basis to address unanticipated archaeological discoveries
and any archaeological requirements (e.g., conditions of approval) that are
applicable to the project. The applicant/developer is encouraged to
conduct a field meeting prior to the start of construction activity with all
construction supervisors to train staff to identify potential archaeological
resources. In the event that archaeological materials are encountered
during ground-disturbing activities, work in the immediate vicinity of the
resource shall cease until a qualified archaeologist has assessed the
discovery and appropriate treatment pursuant to CEQA Guidelines Section
15064.5 is determined.
If discovered archaeological resources are found to be significant, the
archaeologist shall determine, in consultation with the City and any local
Native American groups expressing interest following notification by the
City, appropriate avoidance measures or other appropriate mitigation. Per
CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the
preferred means to avoid impacts to archaeological resources qualifying
as historical resources. Consistent with CEQA Guidelines Section
15126.4(b)(3)(C), if it is demonstrated that confirmed resources cannot be
avoided, the qualified archaeologist shall develop additional treatment
measures, such as data recovery, reburial/relocation, deposit at a local
museum that accepts such resources or other appropriate measures, in
Submittal/evidence of
archeologist retainment
Submittal/ review of brief
letter report of excavations
and findings
X
consultation with the implementing agency and any local Native American
representatives expressing interest in prehistoric or tribal resources. If an
archaeological site does not qualify as an historical resource but meets the
criteria for a unique archaeological resource as defined in Section
21083.2, then the site shall be treated in accordance with the provisions of
Section 21083.2.
If discovered materials are found not to be significant archaeological
resources but may be considered a Tribal Cultural Resource or objects
with cultural value to a California Native American tribe, the archeologist
shall contact representatives of Gabrieleño Band of Mission Indians – Kizh
Nation to assess the discovery and develop appropriate avoidance
measures, data recovery, reburial/relocation, or other appropriate
mitigation.
Noise
Exhibit B to Resolution 4478 Mitigation Monitoring and Reporting Program (MMRP) for DCCSP EIR
Method of Verification Comments
Pre
Const.
During
Const.
Post
Cost.
Initials Date
Timing of Verification Completed
Air QualityMitigation Measure NOI-1 Prior to approval of a demolition permit, grading plans, and/or issuance of
building permits for construction activities within 25 feet of existing
residential structures or occupied noise sensitive uses that require the use
of large bulldozers, large loaded trucks, jackhammers, pile drivers, and/or
caisson drills, the City of Tustin Building Division shall ensure that
construction plans and specifications state that the use of such vibratory
equipment shall be prohibited within 25 feet of existing residential
structures or occupied noise sensitive uses. Instead, small rubber-tired
bulldozers shall be used within this area during demolition and/or grading
operations to reduce vibration effects. If the use of large bulldozers, large
loaded trucks, jackhammers, pile drivers, and/or caisson drills is necessary
within 25 feet of existing residential structures or occupied noise sensitive
uses, a site-specific analysis shall be prepared and submitted to the City of
Tustin demonstrating that construction activity would not result in vibration
at sensitive receptors that is more than the Caltrans thresholds for
annoyance (0.04 in/sec PPV at receiver locations) and damage (per the
Transportation and Construction Vibration Guidance Manual, September
2013, Tables 19 & 20 by building type).
X
Mitigation Measure NOI-
2:
Prior to approval of grading plans the City of Tustin Building Division shall
ensure that plans include the following measures to reduce construction
related noise:
• Construction contractors shall equip all construction equipment, fixed or
mobile, with properly operating and maintained mufflers, consistent with
manufacturers’ standards, and all stationary construction equipment shall
be placed so that emitted noise is directed away from the noise sensitive
use nearest the construction activity.
• The construction contractor shall locate equipment staging in areas that
will create the greatest distance between construction-related noise
sources and noise-sensitive receiver nearest to the construction activity.
• The construction contractor shall limit haul truck deliveries to the same
hours specified for construction equipment by TCC Article 4, Chapter 6,
Section 4617. The contractor shall design delivery routes to minimize the
exposure of sensitive land uses to delivery truck noise.
• If construction activity within 27 feet of occupied noise sensitive uses is
proposed, the construction contractor shall ensure that construction noise
levels at nearby sensitive land uses do not exceed 85 dBA Leq, and that
construction-related noise level increases are less than 12 dBA Leq above
the existing ambient noise levels, by one or more of the following methods:
Submittal/review of
grading plans X
Exhibit B to Resolution 4478 Mitigation Monitoring and Reporting Program (MMRP) for DCCSP EIR
Method of Verification Comments
Pre
Const.
During
Const.
Post
Cost.
Initials Date
Timing of Verification Completed
Air Quality 1. Install temporary construction noise barriers within the line of site of
occupied sensitive uses for the duration of construction activities that could
generate noise exceeding 85 dBA Leq. The noise control barrier(s) must
provide a solid face from top to bottom and shall:
a) Provide a minimum transmission loss of 20 dBA and be constructed
with an coustical blanket (e.g. vinyl acoustic curtains or quilted blankets)
attached to the construction site perimeter fence or equivalent temporary
fence posts;
b) Be maintained and any damage promptly repaired. Gaps, holes, or
weaknesses in the barrier or openings between the barrier and the ground
shall be promptly repaired; and
c) Be removed and the site appropriately restored upon the conclusion of
the construction activity.
2. Install sound dampening mats or blankets to the engine compartments
of heavy mobile equipment (e.g. graders, dozers, heavy trucks). The
dampening materials must be capable of a minimum 5-dBA noise
reduction, must be installed prior to the use of heavy mobile construction
equipment, and must remain installed for the duration of the equipment
use.
Mitigation Measure REC-
1:
For residential projects not subject to City of Tustin Subdivision Code
(Article 9, Chapter 3, Part 3, Section 9331 of the Tustin City Code),
applicants shall pay a parkland development fee to the City of Tustin prior
to the issuance of building permits. The value of the amount of such fee
shall be based upon the fair market value of the amount of land which
would otherwise be required for dedication.
Submital of fee
payment/evidence of
invoice
X
Mitigation Measure TR-1:The City of Tustin will cooperate with Caltrans when Caltrans moves
forward with its planned improvements to the intersection of Newport
Avenue at the I-5 northbound onramp. Caltrans’ improvements include
installation of a traffic signal per the recommendations in the Caltrans Final
Traffic Operations Report for State Route 55 (I-5 to I-405) Project
Approval/Environmental Document (PR/ED) that was published in October
2015.
Review of Caltrans Final
Traffic Operation Route
for Sate Route 55 Project
Approval/Environmental
Document (PR/ED)
Project has no traffic impact.
Mitigation Measure TR-2: The City of Tustin shall monitor the intersection operation at Newport
Avenue and El Camino Real as development applications are received
and shall provide the following improvements, or equivalent, once the
intersection LOS becomes deficient: Restripe the eastbound through lane
to a shared through/right-turn lane so the eastbound approach would
consist of one left-turn lane, one shared through/right-turn lane, and one
right-turn
Intersection Monitoring
Project has no traffic impact.
Transportation and Circulation
Recreation
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
Community Development Department
Sent electronically to: jpy@themodernflat.com,
kalves@cityventures.com, and ascales@ktgy.com
June 23, 2023
Karen Alves
City Ventures Homebuilding, LLC
3121 Michelson Drive #150
Irvine, CA 92612
SUBJECT: RESIDENTIAL ALLOCATION RESERVATION (RAR) 2023-0001 (PHASE
ONE): ALLOCATION OF THIRTY-FIVE (35) BASE RESIDENTIAL UNITS
IN CONJUNCTION WITH A PROPOSED RESIDENTIAL AND
LIVE/WORK PROJECT AT 14042 NEWPORT AVENUE
Dear Ms. Alves:
Thank you for the resubmittal of your Phase One Residential Allocation Reservation
(RAR) application received on May 24, 2023, requesting a residential allocation for
thirty-five (35) base residential units in conjunction with a thirty-five (35) residential
units and seven (7) live/work units that also includes a twenty (20) percent density
bonus based upon the provision of a minimum of five (5) percent very-low income
housing units at the above-referenced address (Project). This request is identified by the
following project number:
· Residential Allocation Reservation (RAR) 2023-0001(Phase One)
Based upon the review of the proposed project and the RAR findings which include:
proposed use, design review criteria, development regulations, and intended vision, as
authorized by DCCSP Section 6.1.4, I have determined that the required findings (Exhibit
A – RAR Required Findings) can be made to allocate the thirty-five (35) residential base
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
RAR-2023-0001
June 23, 2023
Page 2
Community Development Department
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
units for the project subject to the Conditions of Approval contained in Exhibit B –
Conditions of Approval for the Phase One RAR allocation.
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
RAR-2023-0001
June 23, 2023
Page 3
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
Should you have any questions, please contact Raymond Barragan, Principal Planner, at
(714) 573-3016 or by electronic mail at RBarragan@tustinca.org.
Sincerely,
Justina L. Willkom
Community Development Director
Attachments: Exhibit A – Required RAR Findings
Exhibit B – Conditions of Approval
Exhibit C – Comments and corrections
Exhibit D – Redline Preliminary Priority WQMP
CC: Irma Huitron, Assistant Director – Planning
Raymond Barragan, Principal Planner
Leila Carver, Senior Planner Consultant
Michael Kim, Tustin Capital LLC, 3701 Wilshire Blvd., Ste. 820, Los Angeles, CA 90010
Alan Scales, KTGY Architecture & Planning, 17911 Von Karman, Ste. 200, Irvine, CA 92614
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
EXHIBIT A
DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN
RESIDENTIAL ALLOCATION RESERVATION (RAR) FINDINGS
RAR-2023-0001
14042 NEWPORT AVENUE
Findings required for approval of the RAR:
1. The development is consistent with the overall vision, goals, and intent of the
DCCSP and with the policies and intent of the Development Plan (Chapter 2),
including the Urban Design Plan (Section 2.2).
The land use designation for the project site is Downtown Commercial (DC) which
identifies sites that are intended to enhance and preserve the existing commercial
thoroughfare along Newport Avenue and El Camino Real. A variety of commercial uses
are encouraged, though residential only uses, without associated commercial uses
(mixed use), are prohibited within this Development Area. Similarly, the Urban Design
Plan envisions the development of small shopping centers, hospitality, and/or residential
mixed-use within this development area (DA-6C) and a higher density urban form
adjacent to the freeway.
The project site is irregular in shape and has challenging physical limitations which
includes, but is not limited to, the following: the triangular lot shape that is disjointed
from the corner parcel, adjacency to the I-5 freeway, and an existing Caltrans
maintenance easement. As a result, the site is challenging to develop as a traditional
commercial or mixed-use development as envisioned for this development area.
The proposed project will be consistent with the overall vision, goals, and intent of the
Downtown Commercial Core Specific Plan (DCCSP) in that it promotes pedestrian-
oriented commercial design on the first floor with seven (7) live/work units fronting El
Camino Real. These units incorporate high-quality building materials including exterior
lighting, aluminum storefront systems, enhanced paving with outdoor seating and
opportunities for tenant signage that reinforces the commercial presence along El
Camino Real and contributes to a cohesive design for the project site.
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
Exhibit A
RAR-2023-0001
June 23, 2023
Page 2
Community Development Department
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
2. The project complies with the Permitted Use Tables (Tables 3.1 and 5.1),
complements and contributes to the project area, and the development
substantially complies with commercial and residential Development
Standards and Design Criteria, as applicable.
The proposed Project will be designed to comply with the DCCSP development
standards and design criteria, as applicable. The proposed development of live/work
units facing El Camino Real, a non-primary street, is consistent with the vision of the
DCCSP area as it more broadly complements nearby commercial and residential uses.
In doing so, the project would complement and contribute to the project area in design,
site layout, and proposed uses.
3. The development demonstrates high quality architectural design and site
planning that reflects the nature of the site and the Design Review of
submitted plans ensures compliance with applicable Development Standards
and Design Criteria.
The City encourages the development of mixed-use projects within the DCCSP area to
maximize development and redevelopment potential for the area and the proposed
incorporation of seven (7) live/work units along the El Camino Real street frontage has
been designed to resemble a commercial storefront which is consistent with the overall
purpose and intent of the Specific Plan to create a vital, pedestrian-friendly design at
the ground floor that invigorates the area and expands walkability.
The proposed Project incorporates a complementary blend of high-quality building
materials and uses a balance of architectural articulation in the front façade which
reduces the appearance of uniform massing. The use of related colors, architectural
details, and varying, but complementary materials on all four (4) sides of the project
enhances the overall design and additional enhancements incorporated along El Camino
Real and the project entry provide a sense of place.
The project design is both cohesive and varying with respect to architectural details,
windows, doors, colors, and materials which is encouraged within the Specific Plan. The
Project is appropriately scaled at three (3) stories and up to approximately 38 feet-6
inches in height which relates to and respects adjacent development in the surrounding
area. Associated project features such as parking, landscaping, lighting and pedestrian
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
Exhibit A
RAR-2023-0001
June 23, 2023
Page 3
Community Development Department
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
walkways and other amenities are functional and serve to enhance the overall
appearance and experience of the Project.
4. Required parking for the project is provided entirely on-site, or by an
alternative provided in Section 6.3.3, Modification of Parking Standards, which
is approved concurrently or made a condition of approval. Approval of a
parking alternative will have a beneficial impact and does not adversely affect
development or the surrounding area.
The proposed Project includes a Density Bonus request at the project entitlement which
allows for a reduced parking ratio. As proposed, the required parking for the Project
would comply with the Density Bonus provisions and will be satisfied entirely on the
project site. The Project proposes to provide all required parking on-site per Section 5.3
of the DCCSP for residential parking with two (2) parking spaces per dwelling unit (84
total) on-site within enclosed garage, and ten (10) guest surface parking spaces for the
residential units (one space for every four (4) units or 0.25 space per unit). The proposed
Project also includes seven (7) additional guest parking spaces on-site, that complies
with the non-residential parking requirements per Tustin City Code (TCC) Section 9263
for ground floor non-residential uses within the seven (7) proposed Live/work units (One
space for each 250 sq. ft. of gross floor area for the first 25,000 square feet).
5. The development is supported by existing infrastructure, or will be supported
by infrastructure improvements paid for by the developer.
The Project site can be served by existing infrastructure or will be supported by
infrastructure improvements paid for by the developer. Letters have been provided by
the applicant from AT&T, Charter Communications, East Orange County Water District
and Southern California Edison noting capacity to serve the project. Will-serve letters
will be required from utility providers at the time of entitlement.
6. The project impacts are assessed through the approved DCCSP Program EIR
or through subsequent environmental documentation in compliance with the
CEQA Guidelines.
The applicant’s request for a RAR of thirty-five (35) base residential units for the
proposed Project is within the established thresholds for the DCCSP Program
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
Exhibit A
RAR-2023-0001
June 23, 2023
Page 4
Community Development Department
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
Environmental Impact Report. Studies related to potential impacts, such as traffic and
noise, will be evaluated at the time of entitlement.
7. The project complies with the RAR application process as provided in Section
6.1.3, Entitlement Processes, and units are available within the applicable DA.
The Project complies with the RAR application process and units are available within
the DA-6 to accommodate the RAR request. The Specific Plan authorized a total of 887
units within the Specific Plan with 400 of these units located within DA-6. A total of 140
unit for this development area were previously allocated for the “Vintage” housing
development project on Sixth Street which leaves a remaining 260 units in the housing
bank for DA-6.
8. The development provides a sufficient mix of uses with sufficient commercial
space placed along the frontage on principal streets, office uses reserved for
upper floors, and residential units located on upper floors on non-principal
street frontages.
The proposed Project is designed with live/work units along El Camino Real and include
store frontages with limited square footage, reduced storefront depth and a reduced
floor plate height that would limit the type of commercial uses that could operate within
this type of tenant space. As such, office uses and small retail businesses are most likely
to establish within the live/work units proposed along El Camino Real which would be
allowable as units are located on a non-principal street frontage.
9. The proposed development is consistent with the City’s affordable housing
requirements.
As proposed, the Project includes a total of two (2) very-low income housing units
(equivalent of 5%) meeting the minimum mandatory requirements contained in the
City’s Voluntary Workforce Housing regulations. The applicant will also pay the City’s
Voluntary Workforce Housing Incentive in-lieu fee at the time of issuance of building
permits.
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
Exhibit A
RAR-2023-0001
June 23, 2023
Page 5
Community Development Department
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
10. The developer consents to enter into a mutually agreeable Development
Agreement at the City’s request and the proposed development provides at
least one (1) public benefits as part of the development, subject to the review
and approval by the project approval body.
As required by the DCCSP, the public benefit requirement will be satisfied via a
Development Agreement (DA). Public benefit(s) could include, but are not limited to: (a)
provision of affordable housing significantly greater than the mandatory requirements
contained in the City’s affordable housing ordinance. (b) A public amenity that is easily
accessible is included such as a public plaza that provides, at a minimum, seating,
landscaping, and lighting. (c) Prominent public art, which is located and featured within
easy public view. (d) Installation of a specific public infrastructure above any required by
the project. (e) Off-site parking improvements above any required by the project. (f)
Recreational amenities above any required by the project. (g) Other, as proposed and
deemed important to and acceptable by the City. The applicant will be required to
provide a public plaza fronting El Camino Real that will include seating, lighting and
landscaping and will be memorialized in the DA.
11. The development facilitates multi-modal transportation through building
siting and design that provides convenient access for transit users, pedestrians
and bicyclists. Where a development is adjacent to an existing or planned
transit stop, building siting and orientation provide convenient access for
transit users.
As proposed, the Project design and building placement provide convenient access for
transit users and pedestrians to utilize existing transit stops along Newport Avenue and
El Camino Real. Internal pedestrian walkways are provided throughout the project site
and connect to existing sidewalks within the public right-of-way along the perimeter of
the project site.
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
Exhibit A
RAR-2023-0001
June 23, 2023
Page 6
Community Development Department
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
12. The developer submits building plans to the Building Division within six (6)
months after project approval to fully construct the project in a timely manner
within the period specified in the RAR conditions of approval.
As a condition of approval, the developer will be required to submit complete building
plans to the Building Division within six (6) months of a Phase 2 project approval to fully
construct the project in a timely manner.
13. The applicant has sufficiently demonstrated its level of development
experience to the City.
The applicant has sufficiently demonstrated its level of development experience to the
City by providing evidence of a series of comparable projects in other jurisdictions.
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
EXHIBIT B
CONDITIONS OF APPROVAL AND
FORMAL APPLICATION SUBMITTAL REQUIREMENTS
RAR-2023-0001
14042 NEWPORT AVENUE
1. The RAR preliminary application of units in Phase One shall not be considered
final until approval of the requested entitlement(s) in Phase Two per DCCSP
Section 6.1.3.3. Following Phase One approval of the RAR, final approval of the
RAR (Phase Two) shall not exceed a period of 180 days. A time extension may
be considered at the discretion of the Community Development Director.
2. For approval of Phase Two, the applicant shall submit the project entitlement
requests: Design Review, Development Agreement, Density Bonus request,
Subdivision Map, and associated plans and/or related studies to the City for
review and approval.
In addition to the applicable review deposit, submittal requirements for Phase
Two shall include the following:
· Provide a response to staff comments/corrections (Exhibit C). Please note
that Staff reserves the right to provide additional comments during Phase
Two review, as applicable.
· General Application Form
· Development Agreement including description of all proposed public
benefits.
· Tentative Tract Map
· Environmental Assessment Form
· Preliminary Title Report (for all parcels)
· Architectural Plans
i. Site plan
ii. Floor plan
iii. Building elevations
iv. Colored elevations
v. Landscape & irrigation plans
vi. Photometric/Lighting Study
vii. Materials boards and/or photographs of materials to be used
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
Exhibit B
RAR-2023-0001
June 23, 2023
Page 2
Community Development Department
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
· Affordable Housing Plan
· Trip Generation and VMT Memo
· Preliminary Water Quality Management Plan (WQMP)
· Health Risk Assessment (HRA) per DCCSP EIR/MMRP Mitigation Measure
AQ-10
· Noise Study.
· Biological Survey and Impact Assessment to demonstrate that the site does
not provide habitat for special status flora or fauna.
· Mailing Labels within 300-feet of the project site
3. The allocation of units shall expire and the units will be redeposited back into the
Residential Allocation Bank if the time limits established above expire without
submittal of the required Phase Two entitlement applications.
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
EXHIBIT C
COMMENTS AND CORRECTIONS
RAR-2023-0001
14042 NEWPORT AVENUE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT AGREEMENT
1. Continue to coordinate with City staff to finalize the draft Development
Agreement (DA).
VOLUNTARY WORKFORCE HOUSING INCENTIVE PLAN
2. Continue to coordinate with City staff to finalize the draft Housing Incentive Plan
and Agreement.
CALTRANS
3. Additional comments will be forthcoming from Caltrans. We recommend that all
comments are received prior to drafting revision to the project site design.
4. Plan sheet L-4. Maintenance gate with Knox box to the California Department of
Transportation (Caltrans) easement area for maintenance and access purposes is
still shown on plans. Continue coordination with Caltrans and City staff regarding
access to the easement area.
NOISE MEASURES
5. As a condition of approval for the entitlement, at plan check, revise Section 6.1 in
the Noise Study dated September 28, 2022 to describe proposed mitigation
measures for future on-site traffic noise impacts in greater detail including
selected material and design for proposed awnings over the private and common
open spaces areas with a direct line-of-sight to the freeway. The material and
design will be required to be reviewed and approved by the Planning division.
6. Upon submittal for Phase Two, any awnings proposed as mitigation for traffic
noise impacts, as described in the noise study, should be incorporated into the
Architectural Plan set for staff review.
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
Exhibit C
RAR-2023-0001
June 23, 2023
Page 2
Community Development Department
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
PARKING
7. The project is requesting compliance under parking standards of Density Bonus
laws. Downtown Commercial Core Specific Plan (DCCSP) parking requirements
for mixed-use development separates the residential component from
commercial space and requires that the non-residential space meet the parking
requirements per Tustin City Code (TCC). As proposed, the project appears to
meet the total on-site parking requirements for both residential and non-
residential uses. Please update the parking information provided in the
Architectural Plan sheet A0.10 to show how the project does comply with City
development standards at this time. For reference, see parking compliance table
below:
DCCSP - DA‐6C -
Vertical Mixed Use
Development Standards
Tustin City Code
(TCC) Section
9263
Proposed Project
Residential
units parking
2 spaces per dwelling unit
on‐site within enclosed
garage or parking structure
N/A Providing Two (2) parking spaces
per dwelling unit (84 total) onsite
within enclosed garage
Residential
Guest parking
0.25 space per unit located
within 300 feet of units
served
N/A Providing 0.25 space per unit = 10
guest spaces
Non‐
residential parking
Per TCC for Office
use. One (1) space
for each 250 sq. ft.
of gross floor area
for the first 25,000
sq. ft... (6.8 spaces
required)
Office use = 243 SF * 7 units = 1,701
SF of total office. 1,701/250 = 7
guest parking spaces total
COMMON OPEN SPACE (THE COMMON)
8. Upon submittal of Phase Two, show locations of any proposed trash can(s) on
plan sheet L-1
PUBLIC PLAZA (PUBLIC AMENITY AREA)
9. Upon submittal of Phase Two, show locations of proposed trash can(s) on plan
sheets L-1 and L-3.
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
Exhibit C
RAR-2023-0001
June 23, 2023
Page 3
Community Development Department
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
10. Upon submittal of Phase Two, provide additional shade, where feasible, in the
form of trees or umbrellas. Per DCCSP Section 4.1, a public pedestrian gathering
area shall feature seating, shade, and landscaping.
PLAN
11. Update Plan sheet A0.10 under Notes to reference the 2022 California Building
Code (CBC).
TENTATIVE TRACT MAP (TTM) 19164
12. Water meters are proposed on both sides of the project main entryway which
limits installation of trees and landscaping. Please consider an alternative design
for the water meters located along the eastern side of the main entryway, such
as breaking up the water meters into separate clusters, that maximizes
landscaping.
PUBLIC WORKS DEPARTMENT
TRASH
13. As an alternative to the proposed Refuse Plan shown on Architectural Plan sheet
A1.00, provide two (2) trash enclosures on-site that meet the requirements of
TCC Section 4361b. Please note, references to commercial businesses in this
TCC section are related to the type of solid waste services being provided and are
not indicative of the property’s use. Please continue to coordinate with staff to
find an appropriate placement for trash enclosures. Staff is open to discussion on
alternative means of trash collection.
TRAFFIC/TRANSPORTATION
14. Remove the proposed raised median at the Newport Avenue entry. Due to the
width of the proposed project driveway on Newport Avenue, it would be difficult
for truck traffic i.e., fire and trash trucks, to complete a right-turn without going
over the raised channelizer at the driveway on Newport Ave. In its place, the
Public Works Department requests signage comprised of a one-way sign (i.e.,
R10 right) and a yellow diamond sign on the raised median across the driveway
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38
Exhibit C
RAR-2023-0001
June 23, 2023
Page 4
Community Development Department
300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org
(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.
PRELIMINARY PRIORITY WATER QUALITY MANAGEMENT PLAN
15. The Preliminary Priority Water Quality Management Plan (PWQMP) is required
as part of the environmental assessment package to accompany all support
documentation of the entitlement process under the California Environmental
Quality Act (CEQA). As such, the document has now provided sufficient narratives
and analysis so that the documentation will meet the minimum required
thresholds of CEQA to demonstrate that the development can meet their
mitigation requirements for any potential environmental impacts the
development may create. Although final design elements and information is not
required at this level, this documentation will demonstrate sufficient support for
the proposed mitigation, including descriptions of the BMP’s and mitigation of the
first flush runoff. Per the County of Orange Technical Guidance Document (TGD),
this PWQMP includes sufficient preliminary geotechnical and structural elements
that the surface conveyance and subgrade systems will direct the flows to
appropriate structural Best Management Practice (BMP) systems that meet the
required minimum goals of the overall treatment regime.
16. The Area of runoff used in the DCV calculations includes the Caltrans area
adjacent to the Interstate 5 (I-5) freeway (1.96 acres), and therefore treats the full
volumes of runoff within their project boundary.
17. With the above acknowledgements provided in comment 16 the following items
should be addressed to complete the Preliminary WQMP:
a. Please revise the cover and header for complete reference to the current
phase of this submittal as a Preliminary Water Quality Management Plan
by adding a “P” to the “WQMP” acronym so that it reads “PWQMP” on the
cover and all headers.
b. Second (2nd) request: In Section II, please correct the footers from “III” to
“II.”
DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38