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HomeMy WebLinkAboutPC RES 4534Docusign Envelope ID: 3ECEB976-7EE7-46OD-BFOA-EA5OE965F742 RESOLUTION NO. 4534 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SUBDIVISION 2024-0001 / TENTATIVE PARCEL MAP NO. 2023-189, DESIGN REVIEW 2024-0004, AND MINOR ADJUSTMENT 2025-0002 TO ALLOW THE CONSTRUCTION OF A FOUR -UNIT RESIDENTIAL TOWNHOME CONDOMINIUM DEVELOPMENT AT 1052 BONITA STREET The Planning Commission of the City of Tustin, California does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by Bryan Mathias of YNG Architects, representing property owners David Kou and Ellen Yang of Pure Management, LLC, for Subdivision (SUB) 2024-0001/Tentative Parcel Map (TPM) No. 2023-189, Design Review (DR) 2024-0004, and Minor Adjustment (MA) 2025-0002 to allow the development of a new residential project consisting of four (4) for -sale condominium units within two, three-story townhome-style buildings on approximately 0.20 acres. The project includes attached garages, common open space, private open space, common landscaped areas, and one surface guest parking space. B. That the Development Application requests the following approvals: ■ SUB 2024-0001 / TPM No. 2023-189 to establish four (4) condominium units and common ownership areas, including driveways, landscaped open space, and visitor parking, on an approximate 0.20-acre lot. DR 2024-0004 for site layout, building design, and architectural review of two, three-story townhome-style buildings containing a total of four (4) condominium units. MA 2025-0002 to allow a reduction of the required interior side yard setback from five feet (5') to four feet six inches (4'-6") on each side of the property to accommodate functional two -car garages and site circulation. 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 the project site has a High Density Residential (HDR) General Plan land use designation and is located in the Multiple Family Residential (R3) zoning district. Docusign Envelope ID: 3ECEB976-7EE7-46OD-BFOA-EA5OE965F742 Resolution No. 4534 Page 2 E. That the project supports the vision, goals, and policies of the City of Tustin General Plan. The project site has a HDR land use designation that permits multi -family dwellings including duplexes, condominiums, townhomes, and apartments, at up to 25 dwelling units per net acre with an average of 2.15 persons per dwelling unit. The proposed four -unit townhome condominium project, at approximately 20 units per acre, is consistent with the HDR designation and provides a compatible infill development on a 0.20-acre site. F. That the project advances the following General Plan goals and policies: 1. Land Use Element i. Goal LU-1: Promote a balance of land uses that provides housing opportunities and supports existing neighborhoods. ii. Policy LU-1.3: Encourage infill development that complements surrounding residential areas. 2. Housing Element i. Goal H-1: Facilitate the production of a variety of housing types to meet the needs of all economic segments of the community. ii. Policy H-1.2: Support infill housing development in areas with available infrastructure and services. 3. Urban Design Element i. Goal UD-2: Ensure that new development contributes to neighborhood character through quality architectural design and site planning. ii. Policy UD-2.4: Promote pedestrian -friendly, human -scale design in residential areas. 4. Open Space & Conservation Element i. Goal OSC-4: Provide functional and accessible open space within residential development. ii. Policy OSC-4.1: Ensure that private and common open space areas are integrated into new multi -family projects. G. That pursuant to Tustin City Code (TCC) Section 9323(b)(1), a TPM is required for subdivisions creating four (4) or fewer condominium units, as defined in Section 783 of the California Civil Code. The applicant has submitted TPM No. 2023-189 that has been reviewed for compliance with the Subdivision Map Act and applicable provisions of the TCC. H. That as conditioned, SUB 2024-0001/TPM No. 2023-189 conforms with the State Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that: 1. The proposed TPM and improvements are consistent with the General Plan, R-3 zoning district, and the Subdivision Map Act. 2. The site is physically suitable for the type of development and proposed density for a new residential condominium project that would include four (4) units in two buildings on approximately 0.20 acres, consistent with the allowable density requirements of the HDR General Plan designation. Docusign Envelope ID: 3ECEB976-7EE7-46OD-BFOA-EA5OE965F742 Resolution No. 4534 Page 3 3. The design of the proposed subdivision and improvements is not likely to cause substantial environmental damage, as the project qualifies for a Categorical Exemption under CEQA Guidelines Sections 15303 and 15332, and is located on an infill site within an urbanized area served by existing utilities and services. 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 General Plan, except as modified by the requested MA, and will be required to comply with all applicable building and life safety codes. 5. 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, as the development will be permitted through the East Orange County Water District community sewer facilities. 6. The recommendations provided in the preliminary geotechnical report will be implemented in the grading and foundation improvements associated with the project. That the City's Public Works Department reviewed the map and determined that, as conditioned, it is technically correct. J. That the project meets the development standards of the R-3 zoning district and the HDR General Plan designation, except for the reduced interior side yard setback requested through MA 2025-0002. K. That TCC Section 9331(d), consistent with the Quimby Act (Government Code Section 66477), requires the subdivider of a residential project to dedicate parkland and/or pay a fee in -lieu of dedication when a subdivision creates five (5) or more dwelling units or parcels. The proposed subdivision would create four (4) condominium units, which is below this threshold; therefore, the project does not trigger parkland dedication or payment of in -lieu fees. L. 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 Planning Commission has considered at least the following items: 1. Building Design. The project features a modern farmhouse architectural style, with simple massing and high -quality materials including stucco, board -and - batten siding, stone veneer, and metal balcony and porch accents. The proposed color palette consists of dark gray and white with black trim, and rooflines incorporate traditional cross -hipped forms finished with charcoal asphalt shingles. These elements create articulation and visual interest Docusign Envelope ID: 3ECEB976-7EE7-46OD-BFOA-EA5OE965F742 Resolution No. 4534 Page 4 compatible with surrounding single-family and small-scale multi -family residences. 2. Site Layout. The buildings are oriented to front Bonita Street and extend toward the rear alley, with a centrally located common open space area and pedestrian access from the public sidewalk. The site layout balances building placement, parking circulation, and open space within a constrained lot that is substandard in width. A Minor Adjustment was requested to reduce the interior side yard setback from 5 feet to 4 feet 6 inches to allow two -car garages to meet the required 20-foot by 20-foot interior clearance. This design ensures that the garages are functional while preserving open space and avoiding impacts to the surrounding neighborhood. The layout remains consistent with R-3 development standards and reflects a context -sensitive design that transitions well between adjacent residential and commercial uses. 3. Access and Circulation. Vehicular access is provided via Bonita Street and a rear alley, with access leading directly to private garages. The site layout ensures safe internal circulation for vehicles and pedestrians without disrupting the existing neighborhood traffic pattern. Pedestrian access leads directly to private entries and open space areas. 4. Parking. The project meets TCC requirements by providing two enclosed garage spaces per unit and one unassigned guest parking space. Garage dimensions meet the required interior clearances of 20 feet by 20 feet. 5. Private and Common Open Space. Each unit includes private open space in the form of ground -floor porches and upper -level balconies, totaling approximately 1,090 square feet, or an average of 273 square feet per unit. In addition, the project provides approximately 1,476 square feet of common open space in a centrally located landscaped area, which serves as a shared recreational amenity for all residents, averaging 366 square feet per unit. The project therefore exceeds the minimum private open space requirement of 400 square feet total (100 square feet per unit) and the minimum common open space requirement of 1,200 square feet total (300 square feet per unit), as set forth in the TCC for a four -unit development. 6. Lighting. Outdoor lighting includes shielded, wall -mounted fixtures and pathway lighting fixtures to ensure safety while minimizing glare and off -site impacts. All lighting will comply with TCC Section 9271 hh. 7. Walls and Fences. The project provides perimeter walls and fencing that ensure privacy, security, and appropriate transitions to surrounding properties. Side gates are included along the southern property line adjacent to the alley, and existing perimeter walls along the eastern and western property lines will be retained and repaired where feasible. Tubular steel fencing and landscaping are incorporated in select locations to maintain visual openness and enhance the streetscape presence. Docusign Envelope ID: 3ECEB976-7EE7-46OD-BFOA-EA5OE965F742 Resolution No. 4534 Page 5 8. Landscaping. The project features drought -tolerant plantings throughout the site, including along Bonita Street, to soften building edges, provide screening, and enhance the streetscape. Plant selection and irrigation systems will comply with water efficiency requirements. 9. Neighborhood Compatibility. The proposed height, massing, and appearance of the project are consistent with the R-3 zoning district and are compatible with adjacent single-family and multi -family developments. The architectural design, site layout, and landscape plan ensure the project is well -integrated into the surrounding neighborhood. M. That the request for MA 2025-0002 to reduce the interior side yard setback from the required 5 feet to 4 feet 6 inches meets the required findings pursuant to TCC Section 9299(b)(1), as follows: Conformance with the General Plan. The proposed project is consistent with the General Plan land use designation of HDR, which allows up to 25 dwelling units per acre. The project proposes four condominium units on a 0.20-acre site, consistent with the intended density range, goals, and policies of the General Plan. 2. Special Circumstances and No Grant of Special Privilege. Pursuant to TCC Section 9220, Table 1, the minimum lot width in the R3 zone is 70 feet. Prevailing lot width conditions in the surrounding area is 50 feet, as the majority of the properties in the area were developed over 50 years ago. Additionally, pursuant to the City's General Plan, the maximum density established for the HDR land use designation is 25 units per acre. Given the site's non -conforming lot width, the project has been designed to comply with all other development standards, including requirements for parking, circulation, open space, height, and lot coverage. The reason for the requested setback reduction is the need to accommodate two functional two -car garages that meet the City's minimum interior clearance of 20 feet by 20 feet, exclusive of wall thickness. To provide garages that meet this standard while also maintaining adequate circulation and open space areas, a minor reduction in the side yard setbacks is necessary. Without the approval of the MA, the project would not achieve the maximum density allowed per the General Plan. In this case, the requested reduction is warranted due to the property's substandard width; it provides for a functional site layout and ensures that the project continues to meet all other R3 development standards. In March 24, 2025, the City Council adopted Ordinance 1555 allowing for tandem parking configurations to satisfy required residential parking. In doing so, future residential development could potentially comply with R3 zoning development standards and get closer to achieving maximum residential density per the General Plan without the need for a minor Docusign Envelope ID: 3ECEB976-7EE7-46OD-BFOA-EA5OE965F742 Resolution No. 4534 Page 6 adjustment. However, the project was submitted in January of 2024, prior to the adoption of Ordinance 1555, and a revision to the project applying the new parking standards would be onerous and costly for the applicant. Staff believes that the requested MA is appropriate given the site's width constraints and the need to provide garages that meet City standards. The request is consistent with the intent of the R3 zoning district and would not result in a special privilege inconsistent with the limitations placed on other properties in the neighborhood. N. That a public hearing was duly called, noticed, and held for SUB 2024- 0001/TPM No. 2023-189, DR 2024-0004, and MA 2025-0002 on September 9, 2025, by the Planning Commission. O. That the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., and the State CEQA Guidelines, California Code of Regulations Section 15000 et seq., and is found to be Categorically Exempt pursuant to CEQA Guidelines Section 15303, Class 3 (New Construction or Conversion of Small Structures), and Section 15332, Class 32 (Infill Development Projects). The project is consistent with the General Plan and zoning requirements, is located within the City's urbanized area, would not result in significant impacts, and can be adequately served by all required utilities and public services. The project site does not qualify for historic eligibility at local, state and federal levels as provided in a historic assessment by Architectural Resources Group (ARG). II. The Planning Commission of the City of Tustin hereby approves SUB 2024-0001 /TPM No. 2023-189, DR 2024-0004, and MA 2025-0002 to allow the construction of a new four -unit residential condominium development located at 1052 Bonita Street, subject to the conditions of approval set forth in Exhibit A, attached hereto and incorporated herein by reference. Docusign Envelope ID: 3ECEB976-7EE7-46OD-BFOA-EA5OE965F742 Resolution No. 4534 Page 7 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 9t" day of September 2025. Signed by: 234696BE503D4DE... TANNER DOUTHIT Chairperson Signed by: .Cif 49EF9FCDA908491... ALEXA SMITTLE Planning Commission Secretary Exhibit A: Conditions of Approval Exhibit B: TPM 2023-189 Docusign Envelope ID: 3ECEB976-7EE7-46OD-BFOA-EA5OE965F742 Resolution No. 4534 Page 8 APPROVED AS TO FORM: Signed by: Y OA E946B... MICHAEL DAUDT Assistant City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Alexa Smittle, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4534 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9t" day of September, 2025. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Signed by: .rim 49EF9FCDA908491... ALEXA SMITTLE Planning Commission Secretary Douthit, Higuchi, Mason (3) Kozak (1) EXHIBIT A CONDITIONS OF APPROVAL SUBDIVISION 2024-0001 / TENTATIVE PARCEL MAP NO.2023-189 DESIGN REVIEW 2024-0004 MINOR ADJUSTMENT 2025-0002 1052 BONITA STREET TCC SECTION GENERAL COMPLETE RESPONSIBLE DEPT 9291(d) 1.1 The proposed development shall substantially conform to the Ongoing Planning project description and submitted plans for the project date stamped September 9, 2025, on file with the Community Development Department, except as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code (TCC) and other applicable codes. 9293(b) 1.2 This approval shall become null and void unless the use is Ongoing Planning established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. 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 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 2 9291(a) 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. *** 1.4 Approval of Subdivision (SUB) 2024-0001 / Tentative Parcel Map (TPM) No. 2023-189, Design Review (DR) 2024-0004, and Minor Adjustment (MA) 2025-0002 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. *** 1.5 As a condition of approval of SUB 2024-0001 / TPM No. 2023- 189, DR 2024-0004, and MA 2025-0002, the applicant and property owner 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 and/or property owner 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 Ongoing Prior to Issuance of First Permit Ongoing Planning Planning Planning Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 3 its sole cost and expense, elect to participate in the defense of any such action under this condition. 1126(a) 1.6 Any violation of any of the conditions imposed is subject to Ongoing Planning issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). 1123(a) 1.7 The applicant and/or property owner shall be responsible for Ongoing Planning 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. CONDITIONS, CONVENANTS & RESTRICTIONS (CC&Rs) 1.8 No Certificate of Occupancy shall be issued prior to Prior to Issuance of Planning completing the following: Certificate of a. The formation of a homeowners association with the right Occupancy to assess all these properties which are jointly owned or benefited to operate and maintain all other mutually available features of the development including, but not limited to, open space, amenities, landscaping, or slope maintenance landscaping, private streets and utilities. b. No dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, have been completed. 9325(b) 1.9 All organizational documents for the project including any Prior to Recordation Planning deed restrictions, covenants, conditions, and restrictions shall of Final Map be submitted to and approved by the Community Development Department and City Attorney's Office. Costs Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 4 for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department within five (5) days of recordation. 9325(d) 1.10 CC&Rs shall include but not be limited to the following Prior to Recordation Planning provisions: of Final Map a. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&R. b. The requirement that association bylaws be established. c. Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails) and paseos. d. Membership in any Homeowners Association (HOA) shall be inseparable from ownership in individual lots. e. Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna consistent with the TCC. Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 5 Maintenance standards shall be provided for applicable items listed in Section C above in CC&R. Examples of maintenance standards 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 neighboring properties. All trees shall be installed with root barriers and be periodically root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways/driveways, sidewalks and paseos shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel ways should be removed or repaired promptly. In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times. 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. Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 6 g. HOA 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&R's. h. Residents shall not store or park any non -motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking space, driveway (including immediately adjacent to any garage door) or private street area except for purpose of loading, unloading, making deliveries or emergency repairs except that the HOA may adopt rules and regulations to authorize exceptions. There shall be no parking of any kind on driveways that are less than 19 feet in length. A total of eight parking spaces shall be permanently maintained at a rate of two garage spaces per each dwelling unit. An additional minimum of one unassigned guest space shall also be permanently provided. Individual units shall not have separate external television and radio antennas. Either a central antenna shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be prewired and served by an underground cable antenna service provided by a company licensed to provide such service within the city. Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 7 k. All utility services serving the site shall be installed and maintained underground. The HOA shall be required to file the names, addresses, and telephone numbers of at least one member of the HOA Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin 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. m. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. n. The HOA shall be responsible for establishing and following procedures for providing access to the public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. o. No amendment to alter, modify, terminate or change the HOA'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 City of Tustin Community Development Department. Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 8 p. Disclosure to all future homeowners and purchasers of property that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner's unit, and that the City of Tustin makes no claim, warranty or guarantee that views from any unit will be preserved as development of surrounding properties occurs. q. Provisions for enforcing storage of individual trash carts behind gates and screened from public view and placement at curb or in alleyway as approved by CR&R no earlier than twelve (12) hours prior to the scheduled collection and removed within twelve (12) hours after collection. r. Provisions for the HOA to enforce the homeowner's obligation to install front yard landscaping in accordance with the CC&Rs. s. Maintenance of all drainage devices in common areas shall be the responsibility of the HOA. t. Individual property owners shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be able to be parked within the required garage spaces. u. Disclosure to all future homeowners and purchasers of property that any use of the individual residences for a business shall be subject to the city's requirements for a Home Occupation Permit. Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 9 Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, trash enclosures, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. *** 1.11 All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, 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 intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. *** 1.12 All private driveways, sidewalks, and open space areas shall be maintained so that they are safe for users. *** 1.13 Common areas and facilities 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. a. Provision assuring the continued availability of the number of parking spaces designated for common use Ongoing Ongoing Ongoing Planning Planning Planning Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 10 and the availability of reciprocal access easements ensuring access to the public rights -of -way. b. Parking controls shall be provided and may include, but not be limited to, provisions regulating vehicle and truck deliveries, vehicle and truck parking, shared parking, loading and unloading activities, etc. A parking exhibit shall be made part of the CC&Rs. ARCHITECTURE AND 2.1 DESIGN All roof access shall be provided from the inside of the Ongoing *** 2.2 building. All exposed flashing or trim shall be painted to match the Ongoing *** 2.3 building. Utility meters located outside of the building shall be screened Ongoing *** with landscaping to the greatest extent possible. *** 2.4 Onsite lighting shall be designed to contain illumination onto Ongoing the property and shall not spill out onto adjacent streets or properties. Final site and building lighting shall be reviewed and approved at plan check. 8107(a) 2.5 All utilities shall be installed and maintained underground. Prior to Final 2.6 _ All exterior colors and architectural materials shall be Inspection Ongoing *** consistent with those approved in the plans date stamped September 9, 2025. Proposed changes must be submitted to the Community Development Department for review and approval prior to occurring. Planning Planning Planning Planning Building Planning Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 11 LANDSCAPE 5502(m) 3.1 Landscaped areas shall be maintained and watered and all Ongoing dead plant material is to be removed and replaced. *** 3.2 All plant materials shall be installed in a healthy and vigorous f Ongoing condition typical to the species. Landscaping shall be maintained in a neat and healthy condition, which includes, but is not limited to trimming, mowing, weeding, litter removal, fertilizing, regular watering, and replacement of diseased or dead plants. 9703(b) 3.3 At plan check, complete detailed landscaping and irrigation At Plan Check plans for all landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of Tustin's Water Efficient Landscape Ordinance and TCC Section 9266e. 3.4 Backflow devices and double detector checks shall be Ongoing painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to a building. Landscaping shall be utilized to screen the devices where possible. *** 3.5 Fences and walls shall be screened with vines and/or trees. Ongoing Equipment areas shall be screened with walls, vines, and/or trees. Planning Planning Planning Planning Planning Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 12 PLAN SUBMITTAL *** 4.1 Obtain a separate demolition permit to remove existing At Plan Check Building improvements proposed for demolition. *** 4.2 At Building plan check submittal, plans shall include all At Plan Check Building architectural, structural, MEP, Energy, Green, and PV solar plans. *** 4.3 All construction shall comply with the 2022 California Codes At Plan Check Building (or California Codes in effect at time of submittal) including, but not limited to, the California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Building Code, and the California Energy Code. At Plan Check Building *** 4.4 At plan check, demonstrate that the site and building comply with the accessibility requirements of CBC Chapter 11 B. *** 4.5 At plan check, demonstrate that the allowable building area At Plan Check Building complies with CBC 506.1. *** 4.6 Demonstrate that the building complies with the current At Plan Check Building California Green Building Standards Code Mandatory Measures *** 4.7 At Building plan check submittal, provide a soils report. At Plan Check Building *** 4.8 All guards shall be constructed to a minimum height of forty- At Plan Check Building two (42) inches, consistent with Section R312 of the California Residential Code. Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 13 4.9 A photovoltaic (PV) system shall be installed on both At Plan Check Building structures, as required by the Energy Report. *** 4.10 Submetering shall be provided for each unit, consistent with At Plan Check Building Section 601.2.2 of the California Plumbing Code. PUBLIC WORKS DEPARTMENT FINAL MAP CONDITIONS 9325 5.1 Preparation and recordation of a final subdivision map shall Within 24 Months Public Works be required. from the Tentative Map Approval 9331 5.2 The applicant shall satisfy dedication and/or reservation Ongoing Public Works 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. *** 5.3 The Subdivider shall release and relinquish to the City of Prior to Recordation Public Works Tustin all vehicular access rights along Bonita Street except of Final Map at approved access locations and street intersections, at no cost to the City, on the Map. 5.4 The subdivider shall dedicate easements for emergency Prior to Recordation Public Works vehicle access and public services ingress and egress of Final Map purposes over the private drives and driveways, at no cost to the City on the Parcel Map. Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 14 9332( 5.5 Prior to recordation of the final map, the applicant is required Prior to Recordation Public Works to execute a subdivision and monumentation agreement of Final Map and furnish improvement and monumentation bonds, all on forms acceptable to the City. WATER QUALITY CONDITIONS Chapter 5.6 This development shall comply with all applicable provisions Ongoing Public Works 9 of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. 4902 5.7 Prior to issuance of first permit, the applicant shall submit Prior to Issuance of Public Works for approval by the Community Development and Public First Permit Works Departments, a final Water Quality Management Plan (WQMP). The final 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. *** 5.8 Prior to submittal of a final Water Quality Management Plan Prior to Plan Check Public Works (WQMP), the applicant shall submit a deposit of $3,077.00 to the Public Works Department for the estimated cost of reviewing the WQMP. Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 15 4902(a) 5.9 Prior to issuance of any permits, the applicant shall record Prior to Issuance of Public Works a "Declaration of Restrictions" with the County Clerk- First Permit 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. 5.10 Prior to the owner obtaining a Final Approval and Certificate Prior to Final Public Works of Occupancy (C of O), the engineer responsible for the Inspection/ approved WQMP shall stamp and sign the Stormwater Certificate of Observation Report Form. Occupancy 5.11 All improvements and landscaping within a limited use area Ongoing Public Works must be restricted to a height of 12 inches or less. Generally, a 25' x 25' triangle on each side of a driveway abutting a public street shall define a limited use area in which obstructions such as walls or landscaping that could block line of sight are not allowed in the limited use area, and proposed street tree with a diameter of no greater than 24" shall have a canopy no lower than 84" above the curb to ensure adequate sight lines. Sight triangle on each side of a driveway abutting a public street shall define a limited use area in which obstructions such as walls or landscaping that could block line of sight are not allowed. STREET IMPROVEMENT CONDITIONS 7231 5.12 Prior to any work in the public right-of-way, an Prior to Issuance of Public Works Encroachment Permit shall be obtained from and applicable First Permit fees paid to the Public Works Department. Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 16 7232(c) 5.13 Prior to issuance of a Grading Permit and an Encroachment Permit, the applicant shall submit in the City's Citizen Self Service Portal 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: Remove existing driveway apron, design and construct commercial driveway apron per the most current City of Tustin Standard Drawing 206 modified. The new driveway apron must include #4 reinforcing bars spaced 18 inches on center in both directions and have a minimum thickness of 7 inches. 2 ft minimum length of full height curb is required between "X" and property line. b. Design and construct sidewalk along Bonita Street adjacent to project frontage. c. Sanitary sewer facilities. d. Domestic water facilities. The project Engineer shall confirm proposed water services are not in conflict with existing water services across the street. Prior to Issuance of Public Works First Permit Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 17 e. Construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation. 5.14 Current Federal Americans with Disabilities Act (ADA) Prior to Final Public Works requirements shall be met at all driveways and sidewalks Inspection/Certificate adjacent to the site. City of Tustin standards shall apply, of Occupancy unless otherwise approved by the City Engineer. Depending on the applicable City standard, an easement on private property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. *** 5.15 Design and construct concrete sidewalk, landscape, and Prior to Final Public Works irrigation system along the property frontage on Bonita Inspection/Certificate Street. The proposed street tree canopy shall be no lower of Occupancy than 84-inches above the curb to ensure adequate sight lines and clearance for pedestrians on the sidewalk and bicycles on the street are maintained. The proposed street tree shall be reviewed and approved by the City of Tustin Arborist. *** 5.16 The developer shall enter into a landscape maintenance Prior to issuance of Public Works agreement with the City of Tustin for maintenance of Grading Permit. parkway improvements adjacent to the project along Bonita Street. Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 18 *** 5.17 Developer shall coordinate the design and construction of Ongoing Public Works 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. WATER IMPROVEMENT CONDITIONS *** 5.18 The applicant shall submit 24" x 36" reproducible water Prior to issuance of Public Works improvement plans to the Public Works Department for Encroachment review and approval. The plans shall be prepared by a Permit California Registered Civil Engineer and shall clearly show existing and proposed water improvements, as well as other topographic features and underground utilities. 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. *** 5.19 In accordance with the plans, a backflow prevention device Ongoing Public Works may be required to protect the public water system from cross connections. If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 19 b. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. c. If the applicant proposes to use an irrigation system, then a separate water meter shall be required. If this is the case, a Reduced Pressure Principle Assembly (RPPA) shall be required to prevent cross - connection with the public water system. *** 5.20 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. *** 5.21 This project is within the East Orange County Water District (EOCWD) wholesale water service area, then a release/approval from the EOCWD shall be obtained prior to receiving water service from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. Ongoing Public Works Prior to Issuance of Public Works First Permit *** 5.22 The proposed domestic water system plans must conform Prior to Final OC Health Care Agency to all applicable regulations enforced by the Orange County Inspection/Certificate Health Department. of Occupancy SOLID WASTE RECYCLING CONDITIONS Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 20 4352 5.23 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. The applicant will be required to submit a fifty -dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in the 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 Tustin City Code. 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". 4312 5.24 Facility Solid Waste Collection and Recycling Plan The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling programs. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). Prior to Issuance of Public Works Department First Permit Ongoing Public Works Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 21 c. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. d. Adequate collection capacity shall be provided to ensure that collection frequency shall not exceed four (4) times per week for commercial customers. e. All trash enclosures shall be designed with 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 below. f. 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 be dependent 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. g. 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. h. For residential properties assigned containers for their individual use, placement of containers for collection by the City's contracted hauler shall be Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 22 adjacent to the specific residence for which they are assigned with no less than one (1) foot of space between containers. Driveways must be fully accessible at all times. Placement of containers for collection must allow for ADA access in accordance with Section 13. MISCELLANEOUS CONDITIONS *** 5.25 Any damage done to existing public street improvements Prior to Final Public Works and/or utilities shall be repaired to the satisfaction of the City Inspection/Certificate Engineer before issuance of a Certificate of Occupancy. of Occupancy *** 5.26 The applicant shall submit an 8'/2" x 11" street address map Prior to Recordation Public Works exhibit to the Public Works Department for review and of Final Map approval. The address map exhibit shall be in portable document format (PDF) and shall include the site plan, footprint of building(s), and streets. 5.27 Payment of the most current Major Thoroughfare and Prior to issuance of Public Works Bridge Fees (for the Foothill/Eastern Transportation Building Permit 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. *** 5.28 The applicant shall provide written approval of sanitary Prior to issuance of Public Works sewer and domestic water service connections from the a Grading Permit(s) East Orange County Water District (EOCWD). ORANGE COUNTY FIRE AUTHORITY (OCFA) Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 23 *** 6.1 The applicant shall obtain approval from the Orange County Prior to issuance of OCFA Fire Authority (OCFA) for the following: First Permit 1. 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): a. Submittal of a Fire Master Plan (Service Code PR145). 2. Prior to issuance of a building permit: a. Submittal of Fire Sprinkler System plans (Service Codes PR400—PR465). 3. Prior to concealing interior construction: a. Submittal of Fire Alarm System plans (Service Codes PR500—PR520), if modified, provided voluntarily, or required by code. 6.2 All OCFA inspections shall be completed to the satisfaction Prior to issuance of OCFA of the OCFA inspector. The project must be in substantial a temporary or final compliance with applicable codes and standards. Certificate of Inspections shall be scheduled at least five (5) days in Occupancy advance by calling OCFA Inspection Scheduling at (714) 573-6150. FEES Exhibit A - Conditions of Approval SUB 2024-0001 / TPM NO. 2023-189 DR 2024-0004 & MA 2025-0002 September 9, 2025 Page 24 *** 7.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. OWNER: OPITTEK REVOCABLE TRUST LOT 8, BLOCK C MARTIN'S ADD. M.R. 19-79 I a va , _ IF] UNITG UNITO a S 11®9�fi}�our `�. t UNITA FF-119BO w - 4 u,oio Pr wws © FF 119.59 c _ - — FF 11969 r�UNITR FF=11981) LOT© ATE PRIVATE DRIVEWAY � y B _ A } 5 � W v L L J Q" OWNER: OSCAR NIETO LOT 8, BLOCK C MARTIN'S ADD. M.R. 19-79 ownERs/suaomoERs: �E.ror.�ns wEMar.s� P.A. AR CA scALe rao� icwxxowEe ix ma..mcs nsnx E G'N^E, M._„�....., VICINITY MAP P—ECTSITE O N n-.,Eoa�¢�,o oan-exws. x swwacs mecrvos nmxuoeoureo �a®xE-s�cwnoxs .o FOR CONDOMINIUM PURPOSES