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HomeMy WebLinkAboutPC RES 4522Docusign Envelope ID: 3DDOF90D-0413-4A60-BAD7-78A42DB3DD74 RESOLUTION NO. 4522 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE DESIGN REVIEW 2025-0005 AND DENSITY BONUS REQUESTS FOR THE CONSTRUCTION OF A NEW THREE-STORY RESIDENTIAL BUILDING THAT WILL INCLUDE EIGHT RENTAL UNITS AFFORDABLE TO LOWER INCOME HOUSEHOLDS AT 1852 SAN JUAN STREET The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application has been submitted by Families Forward for the construction of an 8,700 square -foot three-story building that will include eight rental units affordable to lower -income households on a 0.22-acre site located at 1852 San Juan Street. B. That the Development Application requests the following approvals: Design Review (DR) 2025-0005 for site layout and building design. Density Bonus request and its concessions and waivers to allow for a reduction in required parking standards, building height, rear yard setback, and provision of underground electrical utilities. C. That the site is zoned as Suburban Residential District (R4) and designated as High -Density Residential (HDR) by the Tustin General Plan. D. 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. E. That TCC Section 9272b requires the applicant to obtain DR for the 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 9124, the applicant requested Density Bonus State Law Concessions for a reduction in required parking standards, building height, rear yard setback, and provision of underground electrical utilities for residential development in the R4 zoning district. G. That a public hearing was duly called, noticed, and held for DR 2025-0005, Density Bonus request on March 25, 2025, by the Planning Commission. H. 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 Docusign Envelope ID: 3DDOF90D-0413-4A60-BAD7-78A42DB3DD74 Resolution No. 4522 Page 2 Law as implemented by the Regional Housing Needs Assessment (RHNA). The project provides eight (8) affordable units. That the demolition of two (2) existing dwelling units, and the construction of eight (8) affordable units, will comply with the requirement of the Housing Crisis Act of 2019, also known as Senate Bill (SB) 330, which states that any units demolished as part of a project, or demolished on a project site within the last five years, will be replaced with at least the greatest number of dwelling units as existed on the project site within the last five years. That the project is Categorically Exempt pursuant to the following: Section 15332 (Class 32) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Section 15192 (Article 12.5-Affordable Housing) of the California Code of Regulations (Guidelines for the California Environmental Quality Act. K. That the location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that there are existing multi -family residences in the area of a similar massing and scale. In addition, architectural design and features enhance 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. In making such findings, the Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structures. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, and roof structures. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of mechanical and electrical equipment. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development guidelines and criteria as adopted by the City Council. • Building Design. The project is designed to be a vibrant, high - quality multi -family residential development. The architectural Docusign Envelope ID: 3DDOF90D-0413-4A60-BAD7-78A42DB3DD74 Resolution No. 4522 Page 3 style is contemporary Spanish and features clean lines, ample glazing, and fenestration, windows with trim surrounds, shutters and ironwork, 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. The applicant proposes an architectural style complementary to the residential uses to the east of the project site. • Site Layout. The lot width of approximately 76 feet is bifurcated with a 24-foot wide, two-way driveway that provides the site's singular entry and exit point. The driveway entry is flanked by 51-foot-wide landscaped planting areas and the easterly side of the driveway provides an enhanced pedestrian path of travel into the site. Building height is proposed to exceed the maximum allowable height of 35 feet and a maximum of two stories for the R4 zone as allowed pursuant to the Density Bonus law. Rooftop mechanical equipment would be fully screened behind the roof, and other electrical equipment would be screened from public view • Access and Circulation. Vehicular access to the site will be provided via a designated driveway entrance designed to facilitate ingress and egress while minimizing conflicts between pedestrians and vehicles. The circulation plan includes clear sightlines and turning radii. Parking stall dimensions and drive aisle comply with Tustin City Code 9266(d) Table 2. Pedestrians will access the site by a designated pedestrian walkway located along the east property line that leads to the singular main entrance of the building. Lighting elements along walkways and parking areas will be installed to improve visibility and security during evening hours. • Parking. Pursuant to Table 1 of TCC 9263, a total of 18 parking spaces are required: 16 covered parking spaces and two guest spaces. The project will provide on -site parking for eight vehicles, including two designated accessible parking spaces in the uncovered surface parking lot fronting San Juan Avenue. The parking reduction would be allowed pursuant to the Density Bonus law. • Private and Common Open Space. Pursuant to TCC, common open space is not required for multi -family developments in the R-4 zoning district, however, one 379 square feet of outdoor common open space area and one 289 square feet of indoor common room are provided. The first -floor Docusign Envelope ID: 3DDOF90D-0413-4A60-BAD7-78A42DB3DD74 Resolution No. 4522 Page 4 community room is adjacent and provides access to the outdoor open space. The community room is intended to provide an indoor gathering space and promote community. A common laundry room is also provided on the first floor. • Lighting. Proposed outdoor lighting would be typical of residential uses and would consist of wall -mounted lighting along the driveway, path lights, 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. L. Density Bonus Requests That California Government Code Section 65915, known as the Density Bonus Law, encourages the construction of affordable housing by offering developers additional building capacity and other benefits when they include affordable units in their projects. 2. That the applicant will construct eight rental units that are affordable to lower -income households within one three-story building. 3. That the density bonus will increase the number of families served and contribute to the City's goal of reducing the number of families experiencing homelessness or at risk of homelessness by providing 8 additional units at this project site 4. That concessions and waivers are necessary to enhance the project by lowering overall costs and offering amenities to lower -income families that include the following: • Parking Standards Waivers: The applicant requests the following deviations from the TCC parking standards. o Pursuant to TCC 9267, the maximum allowable paved surface area within the front yard setback is restricted to 50% of the total area. The applicant requests paved surface area exceeding fifty (50%) percent. o Pursuant to TCC Section 9268c6, a minimum 20-foot queuing distance for driveways is required. The applicant requests a deviation from this standard by providing a five-foot queuing distance. o Pursuant to Table 1 of TCC 9263, a total of 18 parking spaces are required, including 16 covered parking spaces and two guest spaces. The project will provide on -site parking for eight Docusign Envelope ID: 3DDOF90D-0413-4A60-BAD7-78A42DB3DD74 Resolution No. 4522 Page 5 vehicles, including two designated accessible parking spaces in the surface parking lot fronting San Juan Avenue. The waivers to the development standards above are requested to accommodate the proposed density, building code and fire code requirements and amenities that, if applied, would deem the project physically infeasible to build. Height Concession: According to TCC Section 9220, the maximum building height in the R-4 zone is two stories or 35 feet. The applicant proposes a three-story building with a maximum height of 40 feet to accommodate the roof pitch, conceal mechanical equipment, and support additional affordable housing units on the third floor of the building. Providing one three-story building reduces costs, maximizes the use of the property, and is economically feasible to build. • Rear Yard Setback Reduction Waiver: TCC 9220 requires a 25- foot rear yard setback for properties in the R-4 zone. The applicant requests a setback reduction from 25 feet to 5 feet to comply with building and fire regulations that would otherwise be economically infeasible. Underground Utilities Concession: Pursuant to TCC 8107(a), all electrical, telephone, community antenna, television, and similar service wires or cables providing direct service to the property shall be installed underground within the exterior boundary lines of such property. The applicant requests providing electrical and other utilities, if needed, overhead to the building to reduce costs associated with underground utility installation that would make the project economically infeasible to build. 5. That the applicant has shown that the concessions and waivers of modification of development standards are necessary to make the housing units physically and economically feasible. 6. That density bonus, concessions, or incentives/waivers would not adversely impact public health and safety or the physical environment. The Planning Commission hereby recommends that the City Council approve DR 2025-0005 and the Density Bonus request for the construction of a multi -family residential development that includes eight rental units affordable to lower -income households, subject to the conditions attached hereto as Exhibit A. Docusign Envelope ID: 3DDOF90D-0413-4A60-BAD7-78A42DB3DD74 Resolution No. 4522 Page 6 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25t" day of March 2025. Signed by: 234696BE503D4DE... TANNER DOUTHIT Chairperson ESigned by: u,u 0 ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Signed by: VaIxA 343ADCC695E946B... MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID: 3DDOF90D-0413-4A60-BAD7-78A42DB3DD74 Resolution No. 4522 Page 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California, and that Resolution No. 4522 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25t" day of March 2025. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ESigned by: u,u 0 ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Douthit, Higuchi, Kozak, Mason, Mello (5) EXHIBIT A RESOLUTION NO. 4522 CONDITIONS OF APPROVAL DESIGN REVIEW (DR) 2025-0005 1852 SAN JUAN STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 25, 2025, on file with the Community and Economic Development, as herein modified, or as modified by the Community and Economic Development Director in accordance with this Exhibit. The Community and Economic Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with the Tustin City Code (TCC) provisions. Any changes in the approved project shall be subject to the review and approval of Community and Economic Development. (1) 1.2 Unless otherwise specified, the conditions in this Exhibit shall be complied with as specified, subject to review and approval by Community and Economic Development. (1) 1.3 Approval of Design Review (DR) 2025-0005 is contingent upon the applicant and property owner signing and returning to Community and Economic Development a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The Community and Economic Development Director shall establish the forms, and evidence of recordation shall be provided to Community and Economic Development. (1) 1.4 As a condition of approval of DR 2025-0005, 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. 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 DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 2 (1) 1.5 DR 2025-0005 may be reviewed annually or more often, if deemed necessary by Community and Economic Development, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community and Economic Development Director may impose additional conditions to eliminate the nuisance or negative impacts. (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 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) 1.8 This approval shall become null and void if the Regulatory and Housing Incentive Agreement for the project is not approved and executed. USE RESTRICTIONS (1,5) 2.1 This approval authorizes the construction of an 8,700-square-foot multi- family building with eight rental units affordable to lower -income households. The facility shall consist of community and laundry rooms, eight surface parking spaces, an outdoor common area, and other amenities. (1,5) 2.2 The project shall not be used as an emergency shelter and shall not operate as such. (1,5) 2.3 According to the executed Affordable Housing Grant Agreement signed on November 16, 2023, between the City of Tustin and Families Forward, the following items apply regarding planning, entitlement, permit issuance, and funding disbursement: a. The grantee shall comply with all reporting and records retention requirements outlined in the Affordable Housing Grant Agreement. This includes promptly submitting progress reports and keeping comprehensive records to ensure full adherence to all specified timelines and deadlines. b. The two -million -dollar grant shall be disbursed only after all land use entitlements have been obtained and the City of Tustin has issued all necessary building permits for construction. DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 3 c. The project shall comply with the Local Preference Policy as permitted by law. d. Prior to permit issuance, the applicant shall enter into a Regulatory and Housing Incentive Agreement with the City of Tustin, restricting the rental housing project to 55-year affordability restrictions. The Regulatory Housing Incentive Agreement shall be recorded against the parcel in the Official Records of Orange County, California. It shall be binding upon all future owners and successors in the interest of the apartment complex. The City Manager is authorized to approve and execute the Regulatory Housing Incentive Agreement and any amendments thereto on behalf of the City. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, make and execute further agreements, and/or enter into amendments to the regulatory agreement on behalf of the City. e. The project shall serve families with at least one minor age child who are homeless or at -risk of homelessness and are extremely low to low-income households. f. The project shall adhere to all relevant state, federal, and local zoning and development regulations. g. The grantee shall begin construction within 180 days after the issuance of building permits. h. The project shall be fully constructed and completed within three years from the effective date of the Grant Agreement and no later than November 16, 2026. i. Grant funds shall be used exclusively for eligible construction costs. Operational expenses are not permitted. If the project does not commence within 180 days of the permit being issued or is not completed within three years of the agreement's execution, it may be considered an Event of Default. This may initiate potential remedies, including the repayment of grant funds with interest, legal action by the City, and other enforcement measures permitted by law. DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 4 SITE AND BUILDING DESIGN (1,4) 3.1 Project materials shall substantially comply with those identified in the approved plans (as such plans may be modified pursuant to the Conditions of Approval). Additional color and material samples may be requested by City staff at the time of the plan check. Substitutions to the approved materials may occur subject to the approval of the Community and Economic Development Director. Architectural detailing may be enhanced during the plan check based on the proposed materials. (1,4) 3.2 The applicant shall submit a complete set of plans prepared by a California registered architect or civil engineer to the Building Division to obtain a permit for the new tenancy. Plans shall include a site plan, existing floor plans, proposed floor plans, and mechanical, electrical, and plumbing plans. (1,4) 3.3 The applicant and owner are responsible for ensuring that the information in construction drawings is consistent with architectural, structural, grading, electrical, mechanical, plumbing, fire, utility, and public improvement plans and other construction drawings. (1,4) 3.4 Per TCC 9271(ff), all rooftop -mounted equipment shall be installed according to approved plans and screened from public view, including the public right-of-way and parking areas. Compliance with this condition shall be verified at plan check and at field inspection. (1,5) 3.5 Per TCC 7263, utility meters outside the building shall be screened with landscaping where feasible, and electrical transformers shall be located to allow for landscape screening outside the required access space. *** 3.6 Backflow devices and double detector checks shall be painted to match the surrounding landscaping when in planters or painted to match the building when located adjacent to the building. Landscaping shall be utilized to screen the devices where possible. (1,5) 3.7 Prior to the issuance of building permits, the applicant shall submit for review and approval a photometric lighting plan showing compliance with the Tustin Security Code, which is: a. A maintained minimum one (1) foot-candle of light on the parking surfaces. b. A maintained minimum of one -quarter (0.25) foot-candle of light on the walking surfaces. DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 5 (1,5) 3.8 All parking spaces shall be maintained as shown on the approved site plan. The Community and Economic Development Director shall review and approve any changes to the number, location, or size of parking spaces. LANDSCAPING (1,6) 4.1 At plan check, submit detailed landscaping and irrigation plans for all landscaping areas. Landscape plans shall comply with the City's Water Efficient Landscape Ordinance and Ordinance No. 1457 regarding the water conservation requirements stipulated in the Governor's Executive Order B-29-15 and the City's Water Management Plan. (1,6) 4.2 All landscaping shown on plans shall be installed and maintained by the property owner and shall include screening any proposed detector check valve water systems and electrical transformers. In addition to shrubs and ground cover, vines shall be planted in the planter area adjacent to the trash enclosure. All vine planting shall include support ties to establish the vines on the walls. Landscaping shall be installed prior to the final inspection of the project. (1,6) 4.3 Community and Economic Development may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. (1,6) 4.4 The landscape plans shall note that landscaping and irrigation materials coverage is subject to inspection by Community and Economic Development at project completion. (1,6) 4.5 All plant materials shall be installed in a healthy, vigorous condition typical to the species and maintained in a neat and healthy condition. Maintenance includes but is not limited to trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (6) 4.6 Root barriers shall be installed as needed in areas where trees are planted near hardscapes and/or structures. SIGNAGE (1,4) 5.1 All signs shall comply with TCC and 9404 and be compatible with the building design. Sign plans shall be submitted to the Community and Economic Development for approval prior to the issuance of a sign permit. If applicable, all signage must have a valid sign permit. (1,4) 5.2 A sign permit shall be applied for and obtained from Community and Economic Development prior to constructing, erecting, altering, replacing, DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 6 moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the Tustin Sign Code. (1,4) 5.3 All signs must be structurally safe and always kept in good condition. The Community and Economic Development Director shall have the authority to order the repair, replace, or remove any signs that pose a hazard or nuisance to safety, health, or public welfare due to inadequate maintenance, dilapidation, or obsolescence. (1,4) 5.4 All signs shall be constructed of a non -corrosive, rust -resistant finish to not degrade in adverse weather conditions. (1,4) 5.5 The locations for any signs shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations. Any signs in proximity to the public right-of-way that could impact driver sight shall be shown at a larger scale that will be adequate for plan check purposes. BUILDING PLAN SUBMITTAL (1,4) 6.1 Construction plans shall be submitted to the Building Division for review and issuance of future building permits. Construction plans shall comply with California Building Codes, as adopted and in effect at the time of plan submittal. Building codes in effect, including local amendments, as of January 1, 2023: 2022 California Building Code ('22 CBC); 2022 California Plumbing Code ('22 CPC); 2022 California Mechanical Code ('22 CMC); 2022 California Electrical Code ('22 CEC); 2022 California Residential Code (`22 CRC); 2022 California Energy Code ('22 Energy); and 2022 California Green Building Standards Code (`22 CGBSC). (1,3) 6.2 The architect of record must be aware of the site accessibility requirements outlined in Chapter 11A of the California Building Code. These include parking requirements, interior travel routes, facility accessibility, and accessible travel paths from the public right-of-way. DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 7 a. All ground -floor dwelling units in non -elevator buildings shall be adaptable and on an accessible route. Dwelling Unit Features shall comply with Division IV of Chapter 11A of the CBC. b. The exterior accessible routes shall comply with CBC Section 1110A. c. Accessible routes shall connect all common -use facilities. (1,3 6.3 An automatic fire sprinkler system shall be installed in accordance with Chapter 9 of the California Building Code. (1,3) 6.4 Soil report and investigation will be required with the building permit application submittal. (1,3) 6.5 Per the California Energy Code, all multi -family residential buildings shall have a PV system and Battery Storage System installed. The PV System and Battery Storage System shall be submitted with the Building Permit Submittal. (CA Energy Code Section 170.2(g) and CA Energy Code Section 170.2(b). (1,3) 6.6 Please be aware of any Special detailed requirements for special uses and occupancies per Chapter 4 of the California Building Code. This includes but is not limited to Group R Occupancies per Section 420. (1,3) 6.7 All bedrooms within the building must have emergency escape and rescue openings compliant with Section 1031. (1,3) 6.8 Comply with the required number of EV-ready spaces in accordance with Section 4.106.4.2.1 of the CAL Green Building Standards Code for multi- family development projects with less than 20 dwelling units. (1,3) 6.9 Accessible van parking spaces shall have an access aisle located on the passenger side of the vehicle parked in the forward position. The parking space shall be nine feet wide, and the access aisle shall be eight feet wide. Specify the proposed type of construction for the project. The Architect of Record shall verify that the proposed Type of Construction will meet the Allowable Area, Allowable Height and Number of Stories as specified in Chapter 5 of the California Building Code for the proposed Occupancy Group R-2. a. Please show this analysis on the Conceptual Plans to verify the proposed Type of Construction is acceptable for the height and number of stories proposed for the Group R-2 occupancy group. DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 8 b. Verify that the accessory areas meet the area limitations of CBC Section 508.2.3. Otherwise comply with CBC Section 508.3 or 508.4 and identify if the building will be designed as a non - separated or separated occupancy building. (1,3), 6.10 The Architect of Record shall be aware of and evaluate the fire -resistance rating requirements per Table 705.5 and the maximum area of exterior wall openings per Table 705.8 based on fire separation distance regarding the interior property lines. a. Based on the proximity of the exterior walls to the interior property lines, the exterior walls are likely required to be one -hour fire rated, and the openings will be limited to Table 705.8. Please account for these requirements in the conceptual design. Verify that proposed exterior wall openings are within the maximum allowed per story per Table 705.8. (1,3) 6.11 CBC Section 1019.3 requires the exit access stairway to be enclosed with a shaft enclosure constructed in accordance with Section 713. Revise the plans accordingly. This would ultimately create an "interior exit stairway," and compliance with CBC Section 1023 is required. a. The interior exit stairway must terminate to an exit discharge in compliance with CBC Section 1023.3. (1,3) 6.12 Since the building only has one exit from the second and third stories, CBC Table 1006.34(1) allows maximum exit travel distance of 125 feet from the most remote point on the second and third stories to an exit. Since the stairway proposed is an "exit access stairway", this exit access travel distance must include the stairway travel distance until the exit on the ground floor. a. However, since the exit access stairway is required to be enclosed per CBC Section 1019.3, the exit access travel distance can be taken to the entrance of the interior exit stairway. (1,3) 6.13 The accessible path of travel from the accessible EV stall as shown on Sheet C-01 shall not cross onto the vehicular way. Accessible circulation paths must be physically separated from vehicular traffic areas and comply with CBC Section 11 B-250.1. DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 9 PUBLIC WORKS DEPARTMENT Water Quality Conditions (1) 7.1 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) 7.2 Prior to the issuance of any permits, the applicant shall submit for approval by Community and Economic Development and Public Works Department a final Water Quality Management Plan (WQMP) in the ifi n % llfService ,Se„ , 21.121. The WQMP shall identify the Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on -site to retain stormwater and treat predictable pollutant run-off. The Priority WQMP shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on -site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 7.3 Prior to submittal of a Final Water Quality Management Plan (WQMP), the applicant shall submit a deposit of three thousand seventy-seven dollars ($3,077.00) to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 7.4 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 the current and future owner(s) of the property regarding the implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 7.5 Prior to the owner obtaining a Final Approval and Certificate of Occupancy (C of O), the engineer responsible for the approved WQMP shall stamp and sign the Stormwater Observation Report Form. Street Improvement Conditions (1) 7.6 The applicant shall submit engineered public improvement plans along the project frontage for review and approval prior to the issuance of the first permit. These public improvements shall be completed prior to the issuance of the occupancy release. DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 10 a. The driveway approach on San Juan Street shall be designed and constructed per the City of Tustin Public Works commercial driveway standards. b. Remove the existing driveway apron and design and construct sidewalk, curb & gutter, landscape, and irrigation at the old driveway apron location. c. An existing storm drain manhole is in the proposed project driveway. The applicant's engineer shall confirm the integrity of the existing storm drain junction structure and provide, in writing, if the project shall: 1. Adjust the storm drain manhole to grade with a new traffic - rated (trash truck) storm drain cover and frame; or 2. Remove and reconstruct the whole storm drain junction structure. (1) 7.7 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department (1) 7.8 Prior to issuance of the first permit and/or an Encroachment Permit, the applicant shall submit in the City's Citizen llf ,Serviic ........ Portall street improvement plans, as prepared by a California Registered Civil Engineer, for review and approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. Said plans shall include, but not be limited to the following: a) Curb and Gutter b) Sidewalk c) Drive aprons d) Dry utility lines e) Domestic water facilities and Sanitary sewer facilities f) Landscape and Irrigation A 24" x 36" signed and stamped reproducible street improvement plan is required for final approval. (1) 7.9 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, the applicant shall submit in the City's Citizen S llf Service ,P rf ll traffic control plans, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, to the Public Works Department for review and approval. DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 11 (1) 7.10 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. The City of Tustin standards shall apply unless otherwise approved by the City Engineer. (1) 7.11 The developer shall obtain written approval and/or permits from the applicable utility companies, including but not limited to Southern California Edison, The Gas Company, Irvine Ranch Water District (IRWD), AT&T, Cox Communications, Spectrum, etc. (1) 7.12 The developer shall coordinate the design and construction of all utilities with the utility providers and the City. The applicant is responsible for coordinating all costs related to the installation, upgrade, alteration, relocation, or abandonment of all existing wet and dry utilities affected by the proposed project. Water Improvement Conditions (1) 7.13 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) 7.14 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, the City of Tustin must dedicate an easement for public utility access purposes. The easement shall start from the public right-of-way up to the DCDA and extend a minimum of five (5) feet around it to allow for unobstructed access, inspection, testing, and maintenance. b. If the Orange County Fire Authority (OCFA) requires a building sprinkler system, 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 utilizing 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. DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 12 (1) 7.15 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation, or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1) 7.16 The applicant's project is within the East Orange County Water District (EOCWD) service area. A release/approval from the EOCWD shall be obtained prior to the issuance of a Grading Permit from the City of Tustin. The applicant shall submit a water connection and other EOCWD fees. (1) 7.17 OCFA must review the adequacy of a proposed water system plan for a proposed development project, including the number, size, and distribution of fire hydrants. (1) 7.18 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department Solid Waste Recycling Conditions (1) 7.19 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor must submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five (65%) percent of the project waste material or the amount required by the California Green Building Standards Code. 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 will be collected in accordance with the TCC. C. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin." (1) 7.20 Facility Solid Waste Collection and Recycling a. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling programs. DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 13 b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). c. All trash enclosures shall be designed with a roof and be able to accommodate at least two (2) 4-yard bins, with at least one (1) bin reserved for recyclable materials. Space for a container for organics is also required, as described in Section 21 D below. d. All developments are required to provide space for the collection of organic materials. Organics are collected in 35-gallon and 65-gallon wheeled carts and 2-yard bins. The size of the organics container will depend upon the use and size of the building. Organics can be collected six (6) days per week to minimize the space required for a container. Miscellaneous Public Works Conditions (1) 7.21 Prior to the first Grading Plan submittal, the applicant shall submit an 8'/2" x 11" street address map exhibit to the Public Works Department for review and approval. The address map exhibit shall be in portable document format (PDF) and shall include the site plan, footprint of building(s), and streets. (1) 7.22 Prior to the issuance of a Building Permit(s), the applicant shall provide written approval of sanitary sewer service connections from the East Orange County Water District (EOCWD). (1) 7.23 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before first Certificate of Occupancy. ORANGE COUNTY FIRE AUTHORITY (1,5) 8.1 Plan Submittal: The applicant or responsible party must submit the plan(s) listed below to the OCFA for review. Approval must be obtained for each plan prior to the specified event. Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required: • Fire Master Plan (PR145) • The project must have a firewater flow available as required by OCFA Guideline B-01, Attachment 4. DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 14 • All bedroom rescue windows from the second and third floors must have the laddering clearances required by OCFA Guideline B-01. Prior to the issuance of a building permit: • Fire sprinkler and standpipe system (service codes PR 400-PR 465) • Underground piping for private hydrants and fire sprinkler systems (service code PR 470-PR 475 Prior to concealing interior construction: Fire alarm system (service code PR500-PR520) (5) 8.2 Lumber -drop Inspection: After installing the required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA before bringing combustible building materials on -site. To schedule the lumber drop inspection, call OCFA Inspection Scheduling at 714-573-6150 at least five days in advance with the Service Request number of the approved fire master plan. FEES (1) 9.1 Prior to the issuance of each building permit, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based on the rates in effect at the time of payment, which are subject to change. a. Building plan check and permit fees to Community and Economic Development based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. c. OCFA plan check and inspection fees to Community and Economic Development based upon the most current schedule at the time of permit issuance. DR 2025-0005 Resolution No. 4522 1852 San Juan Street Page 15 d. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department is required when a building permit is issued. e. Water and sewer connection fees to the Irvine Ranch Water District. f. New residential construction fees in the amount of three hundred and fifty dollars ($350.00) per unit plus one hundred dollars ($100.00) for each bedroom over one (1) in each unit. g. School facilities fee in the amount as required by Tustin Unified School District. (1) 9.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to Community and Economic Development a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within a forty-eight (48) hour period, the applicant has not delivered to Community and Economic Development the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.