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RESOLUTION NO. 4537 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE SUBDIVISION 2025-0001/VESTING TENTATIVE TRACT MAP 19390 AND DESIGN REVIEW 2025-0004 TO AUTHORIZE THE CONSTRUCTION OF A 145-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT AN 8.5-ACRE SITE
(ASSESSOR PARCEL NUMBERS (APNS) 401-401-12, -13, -14, -15,
-16, AND -17) The Planning Commission of the City of Tustin, California does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application has been submitted by John Stack on behalf of KB Tustin Plaza, LLC. for Zone Change (ZC) 2025-0001, Subdivision (SUB) 2025-0001/Vesting Tentative Tract Map (VTTM) 19390, and Design Review
(DR) 2025-0004, a request to change the zoning designation of the 8.5-acre
site identified as Assessor Parcel Numbers (APNs) 401-401-12, -13, -14, -15, -16, and -17 from Planned Community Business Park (PC BUS PARK) to the Planned Community Residential (PC RES) zoning designation, to accommodate the construction of a 145-unit residential condominium project.
B. That a public hearing was duly called, noticed, and held on said application on November 17, 2025, by the Planning Commission. C. That the subject property has an established Planned Community
Commercial Business (PCCB) General Plan land use designation that
provides opportunities for commercial, industrial, and residential development. D. That the Development Application requests the following approvals:
• ZC 2025-0001 – A request to rezone the site from Planned
Community Business Park (PC BUS PARK) to Planned Community
Residential (PC RES) and adopt a new Planned Community Development Plan to establish residential uses and development standards for the construction of 145 residential condominiums on an 8.5-acre site.
• SUB 2025-0001/VTTM 19390 – A request to subdivide an approximately 8.5-acre property for condominium purposes to construct a total of 145 residential condominiums.
• DR 2025-0004 – For the design and site layout of 145 residential condominiums on approximately 8.5 acres.
ATTACHMENT 7
Resolution No. 4537 Page 2 E. That a recommendation from the Planning Commission to the City Council to approve ZC 2025-0001 will be made under a separate action considered
concurrently with this resolution.
F. 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.
G. That Tustin City Code (TCC) Section 9323b2 requires a Tentative Tract Map be prepared for subdivisions creating five (5) or more condominiums as
defined in Section 783 of the California Civil Code.
H. That TCC Section 9272b requires the applicant obtain DR approval for site plan, architectural elevations, and landscaping for construction of a new
development prior to the issuance of any building permit.
I. That the Planning Commission is deferring determination authority on DR
2025-0004 and SUB 2025-0001/VTTM 19390 to the City Council to be
considered concurrently with ZC 2025-0001. J. That ZC 2025-0001, SUB 2025-0001, and DR 2025-0004 constitute a “project” that is subject to the terms of the California Environmental Quality
Act (CEQA) (Pub. Resources Code §21000 et. seq.).
K. That pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.), the City of Tustin, as lead agency, determined that an Environmental Impact Report (EIR) should be prepared to
analyze all potential adverse environmental impacts of the Project and
corresponding Zone Change, Subdivision, and Design Review which together are referred to as the “Proposed Project.” L. That all of the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City of Tustin in the Final EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Proposed Project have been adequately evaluated.
M. That the EIR prepared in connection with the Proposed Project found that it would result in a significant and unavoidable impact to historical resources, and that the EIR sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Proposed Project’s potential environmental impacts and a range of feasible alternatives capable of
eliminating or reducing these effects in accordance with CEQA and the State CEQA Guidelines. N. That the Planning Commission has considered the Final EIR along with its Mitigation Monitoring and Reporting Program (MMRP) in its recommendation
that the City Council approve ZC 2025-0001, SUB 2025-0001/VTTM 19390, and DR 2025-0004.
Resolution No. 4537 Page 3 O. That as conditioned, the map would be in conformance with the State Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that:
1. The proposed VTTM 19390 and improvements are consistent with the PCCB General Plan land use designation, ZC 2025-0001, DR 2025-0004, the TCC, and the Subdivision Map Act.
2. The site is physically suitable for the type of development and
proposed density as the development of 145 residential condominium
units on an 8.5-acre parcel is within the allowable density of the PCCB General Plan land use designation.
3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage in that the development is
located on an improved parcel within an urbanized area and any
potential environmental impacts can be mitigated to a level less than significant, except for impacts to a historical resource for which a Statement of Overriding Considerations was prepared and is recommended that the City Council adopt in satisfaction of the
requirements of the CEQA.
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 will be required to comply with the applicable building and life safety codes.
5. That the design of the subdivision and type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
6. That the waste discharge from the proposed subdivision into a community sewer system will not result in or add to violations of
existing requirements prescribed by the Regional Water Quality Control Board in that the development will obtain a sewer connection permit through the East Orange County Water District (EOCWD) for collection and conveyance to the Orange County Sanitation District for treatment and disposal.
7. That recommendations provided in the preliminary geotechnical report would be implemented in the grading and foundation improvements associated with the project.
8. That the proposed VTTM is consistent with all applicable plans, ordinances, and policies in effect at the time the map is approved or
conditionally approved and is consistent with the proposed development standards included with the adoption of the Planned Community Residential zoning district (ZC 2025-0001).
Resolution No. 4537 Page 4 P. That the City’s Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct.
Q. That the project meets the development standards of the proposed Planned
Community Residential (PC RES) zoning district, as would be established with the adoption of ZC 2025-0001.
R. That TCC Section 9331d requires the subdivider to dedicate parkland or pay an in-lieu fee of providing a parkland dedication.
S. That common open space in excess of what is required is not provided.
Pursuant to TCC 9331d3, the applicant shall be required to pay a park in-lieu fee for the entire parkland dedication of 42,318.54 square feet. The fee would be based on the fair market value and the fee would be determined at time of recordation of the Final Map.
T. 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 emphasizing locations near services and transit and supports State
Housing Law as implemented by the Regional Housing Needs Assessment (RHNA). The project provides for 145 market-rate, for-sale residential units. U. That the location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that there are existing
buildings on the subject property and in the area of a 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. 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.
Resolution No. 4537 Page 5
• Building Design. The project is composed of three-story
buildings with a maximum height of 40 feet and which include
attached townhomes designed in a Spanish architectural style
and detached cluster units designed in Farmhouse, Craftsman, and Abstract Traditional styles. Varied rooflines,
articulated facades, trim, and a complementary palette reduce
apparent mass and provide visual interest. The design
complies with the heights, setbacks, and related development
standards to be adopted as part of the establishment of the Planned Community Residential zoning designation.
• Site Layout. Homes are organized around a central looped
private drive with townhomes fronting the north and west street frontages and cluster homes located interior to the site.
Existing driveways on 17th Street will be removed; all vehicular
access is consolidated to a single entry on Prospect Avenue.
A 0.19-acre central recreational park anchors the plan.
• Access and Circulation. Vehicular circulation is provided by the
internal loop drive connecting directly to each unit’s garage and on-site guest parking. The plan includes closure of the two 17th
Street driveways, installation of a new Class I off-street bike
path along 17th Street to enhance bike/pedestrian connectivity,
and improvements at the Prospect/17th Street signalized
intersection to accommodate the project.
• Parking. Adoption of ZC 2025-0001 would establish a parking
requirement of two (2) enclosed garage parking spaces and 0.25 guest parking spaces per unit. The project would include
290 garage parking spaces and 40 guest parking spaces onsite,
for a total of 330 parking spaces.
• Private and Common Open Space. Each home includes a
private entrance and at least 100 square feet of private open
space (yard, patio, or balcony), with some units exceeding 500
square feet. The project provides 46,131 square feet of
common open space for residents, anchored by a 0.19-acre central recreational park with a gathering space, lawn, play
elements, seating, bicycle racks, and a walking path connecting
adjacent homes. Landscaping for both private and common
areas includes lawns, trees, and shrubs, and is designed to
comply with the City’s Water Efficient Landscape Ordinance.
• Lighting. Proposed outdoor lighting would be typical of residential uses and would consist of wall-mounted lighting,
pole-mounted lights, path lights/bollards, and landscape
lighting. All of the Project’s outdoor lighting would be shielded
to minimize off-site spill and would be in compliance with
Resolution No. 4537 Page 6
Tustin City Code Section 9271hh.
• Wall and Fences. A six-foot-high screening wall will be
maintained along the eastern and southern property lines with
a minimum 8-foot-tall evergreen hedge at installation (maintained to at least 15 feet at maturity) for privacy and
compatibility with adjacent single-family neighborhoods.
II. The Planning Commission hereby recommends that the City Council approve SUB 2025-0001/VTTM 19390 and DR 2025-0004, authorizing the development of 145 residential condominiums on an 8.5-acre site identified as APNs 401-401-12, -13,
-14, -15, -16, and -17, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a special meeting on the 17th day of November, 2025.
TANNER DOUTHIT
Chairperson ALEXA SMITTLE
Planning Commission Secretary Exhibit A: Draft CC Resolution 25-66, Conditions of Approval Exhibit B: Vesting Tentative Tract Map (TTM) 19390
APPROVED AS TO FORM:
MICHAEL DAUDT Assistant City Attorney
Resolution No. 4537 Page 7 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. 4537 was duly passed and adopted at a special meeting of the Tustin Planning Commission, held on the 17th day of
November, 2025.
PLANNING COMMISSIONER AYES: ________________________________ PLANNING COMMISSIONER NOES: ________________________________ PLANNING COMMISSIONER ABSTAINED: ________________________________
PLANNING COMMISSIONER ABSENT: ________________________________
Alexa Smittle Planning Commission Secretary
1744689.1
DRAFT RESOLUTION NO. 25-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING SUBDIVISION 2025-0001/VESTING TENTATIVE TRACT MAP 19390 AND DESIGN REVIEW 2025-0004 AUTHORIZING THE CONSTRUCTION OF A 145-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT AN 8.5-ACRE SITE (ASSESSOR PARCEL NUMBERS (APNS) 401-401-12,
-13, -14, -15, -16, AND -17) The City Council of the City of Tustin, California does hereby resolve as follows: I. The City Council finds and determines as follows:
A. That a proper application has been submitted by John Stack on behalf of KB Tustin Plaza, LLC. for Zone Change (ZC) 2025-0001, Subdivision (SUB) 2025-0001/Vesting Tentative Tract Map (VTTM) 19390, and Design Review (DR) 2025-0004, a request to change the zoning designation of the 8.5-acre
site identified as Assessor Parcel Numbers (APNs) 401-401-12, -13, -14, -15, -16, and -17 from Planned Community Business Park (PC BUS PARK) to the Planned Community Residential (PC RES) zoning designation, to accommodate the construction of a 145-unit residential condominium project.
B. That a public hearing was duly called, noticed, and held on said application on November 17, 2025, by the Planning Commission. C. That the subject property has an established Planned Community Commercial Business (PCCB) General Plan land use designation that
provides opportunities for commercial, industrial, and residential development. D. That the Development Application requests the following approvals:
• ZC 2025-0001 – A request to rezone the site from Planned Community Business Park (PC BUS PARK) to Planned Community
Residential (PC RES) and adopt a new Planned Community
Development Plan to establish residential uses and development standards for the construction of 145 residential condominiums on an 8.5-acre site.
• SUB 2025-0001/VTTM 19390 – A request to subdivide an approximately 8.5-acre property for condominium purposes to construct a total of 145 residential condominiums.
• DR 2025-0004 – For the design and site layout of 145 residential condominiums on approximately 8.5 acres.
EXHIBIT 7A
Resolution No. 25-66 Page 2
1744689.1
E. That the City Council will consider ZC 2025-0001 under Ordinance 1573, concurrently with this resolution.
F. 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.
G. That Tustin City Code (TCC) Section 9323b2 requires a Tentative Tract Map
be prepared for subdivisions creating five (5) or more condominiums as defined in Section 783 of the California Civil Code. H. That TCC Section 9272b requires the applicant obtain DR approval for site plan, architectural elevations and landscaping, for construction of a new development prior to the issuance of any building permit.
I. That ZC 2025-0001, SUB 2025-0001, and DR 2025-0004 constitute a
“project” that is subject to the terms of the California Environmental Quality Act (“CEQA”) (Pub. Resources Code §21000 et. seq.). J. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead agency,
determined that an Environmental Impact Report (EIR) should be prepared to analyze all potential adverse environmental impacts of the Project and corresponding Zone Change, Subdivision, and Design Review which together are referred to as the “Proposed Project.”
K. That all of the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City of Tustin in the Final EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the
Proposed Project have been adequately evaluated. L. That the EIR prepared in connection with the Proposed Project found that it would result in a significant and unavoidable impact to historical resources, and that the EIR sufficiently analyzes both the feasible mitigation measures
necessary to avoid or substantially lessen the Proposed Project’s potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA and the State CEQA Guidelines.
M. That the City Council has considered the Final EIR along with its MMRP in its consideration of ZC 2025-0001, SUB 2025-0001/VTTM 19390, and DR 2025-0004. N. That a public hearing was duly called, noticed, and held for ZC 2025-0001, SUB 2025-0001/VTTM 19390, and DR 2025-0004 on November 17, 2025, by the Planning Commission. O. That after the close of the public hearing, the Planning Commission adopted Resolution Nos. 4535, 4536, and 4537, recommending that the City Council
Resolution No. 25-66 Page 3
1744689.1
find that the Final EIR is adequate for the Proposed Project and approve the subject entitlements.
P. That a public hearing was duly called, noticed, and held for ZC 2025-0001, SUB 2025-0001/VTTM 19390, and DR 2025-0004 on December 2, 2025, by the City Council.
Q. That as conditioned, the map would be in conformance with the State
Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that: 1. The proposed VTTM 19390 and improvements are consistent with the PCCB General Plan land use designation, ZC 2025-0001, DR 2025-
0004, the TCC, and the Subdivision Map Act.
2. The site is physically suitable for the type of development and proposed density in that the development of 145 residential condominium units on an 8.5-acre parcel is within the allowable
density of the PCCB General Plan land use designation.
3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage in that the development is located on an improved parcel within an urbanized area and any potential environmental impacts can be mitigated to a level less than
significant, except for impacts to a historical resource for which a
Statement of Overriding Considerations was prepared and is recommended that the City Council adopt in satisfaction of the requirements of the California Environmental Quality Act (CEQA).
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 will be required to comply with the applicable building and life safety codes.
5. That the design of the subdivision and type of improvements will not conflict with easements acquired by the public at large for access
through or use of property within the proposed subdivision.
6. That the waste discharge from the proposed subdivision into a community sewer system will not result in or add to violations of existing requirements prescribed by the Regional Water Quality Control Board in that the development will obtain a sewer connection
permit through the East Orange County Water District (EOCWD) for
collection and conveyance to the Orange County Sanitation District for treatment and disposal.
7. That recommendations provided in the preliminary geotechnical report would be implemented in the grading and foundation
improvements associated with the project.
Resolution No. 25-66 Page 4
1744689.1
8. That the proposed VTTM is consistent with all applicable plans, ordinances, and policies in effect at the time the map is approved or
conditionally approved, and is consistent with the proposed
development standards included with the adoption of the Planned Community Residential zoning district (ZC 2025-0001).
R. That the City’s Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct.
S. That the project meets the development standards of the proposed Planned
Community Residential (PC RES) zoning district, as would be established with the adoption of ZC 2025-0001.
T. That TCC Section 9331d requires the subdivider to dedicate parkland or pay an in-lieu fee of providing a parkland dedication.
U. That common open space in excess of what is required is not provided.
Pursuant to TCC 9331d3, the applicant shall be required to pay a park in-lieu fee for the entire parkland dedication of 42,318.54 square feet. The fee would be based on the fair market value and the fee would be determined
at time of recordation of the Final Map.
V. 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
emphasizing locations near services and transit, and supports State
Housing Law as implemented by the Regional Housing Needs Assessment (RHNA). The project provides for 145 market-rate, for-sale residential units. W. That the location, size, and general appearance of the proposed project, as
conditioned, is compatible with the surrounding area in that there are existing
buildings on the subject property and in the area of a 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. 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.
Resolution No. 25-66 Page 5
1744689.1
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 composed of three-story
buildings with a maximum height of 40 feet and which include
attached townhomes designed in a Spanish architectural style and detached cluster units designed in Farmhouse,
Craftsman, and Abstract Traditional styles. Varied rooflines,
articulated facades, trim, and a complementary palette reduce
apparent mass and provide visual interest. The design
complies with the heights, setbacks, and related development standards to be adopted as part of the establishment of the
Planned Community Residential zoning designation.
• Site Layout. Homes are organized around a central looped private drive with townhomes fronting the north and west
street frontages and cluster homes located interior to the site.
Existing driveways on 17th Street will be removed; all vehicular
access is consolidated to a single entry on Prospect Avenue.
A 0.19-acre central recreational park anchors the plan.
• Access and Circulation. Vehicular circulation is provided by the internal loop drive connecting directly to each unit’s garage and
on-site guest parking. The plan includes closure of the two 17th
Street driveways, installation of a new Class I off-street bike
path along 17th Street to enhance bike/pedestrian connectivity,
and improvements at the Prospect/17th Street signalized intersection to accommodate the project.
• Parking. Adoption of ZC 2025-0001 would establish a parking requirement of two (2) enclosed garage parking spaces and
0.25 guest parking spaces per unit. The project would include
290 garage parking spaces and 40 guest parking spaces onsite,
for a total of 330 parking spaces.
• Private and Common Open Space. Each home includes a
private entrance and at least 100 square feet of private open
space (yard, patio, or balcony), with some units exceeding 500
square feet. The project provides 46,131 square feet of common open space for residents, anchored by a 0.19-acre
central recreational park with a gathering space, lawn, play
elements, seating, bicycle racks, and a walking path connecting
adjacent homes. Landscaping for both private and common
areas includes lawns, trees, and shrubs, and is designed to
Resolution No. 25-66 Page 6
1744689.1
comply with the City’s Water Efficient Landscape Ordinance.
• Lighting: Proposed outdoor lighting would be typical of residential uses and would consist of wall-mounted lighting,
pole-mounted lights, path lights/bollards, and landscape
lighting. All of the Project’s outdoor lighting would be shielded
to minimize off-site spill and would be in compliance with
Tustin City Code Section 9271hh.
• Wall and Fences: A six-foot-high screening wall will be
maintained along the eastern and southern property lines with
a minimum 8-foot-tall evergreen hedge at installation
(maintained to at least 15 feet at maturity) for privacy and compatibility with adjacent single-family neighborhoods.
II. The City Council hereby approves SUB 2025-0001/VTTM 19390 and DR 2025-0004, authorizing the development of 145 residential condominiums on an 8.5-acre site identified as APNs 401-401-12, -13, -14, -15, -16, and -17, subject to the
conditions contained within Exhibit A, attached hereto. This approval of SUB 2025-
0001/VTTM 19390 and DR 2025-0004 is contingent upon the adoption and effective date of Ordinance 1573 for ZC 2025-0001. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 2nd day of December, 2025.
AUSTIN LUMBARD
Mayor
ERICA N. YASUDA
City Clerk APPROVED AS TO FORM:
DAVID E. KENDIG, City Attorney
Exhibit A: Conditions of Approval Exhibit B: Tentative Tract Map (TTM) 19390
Resolution No. 25-66 Page 7
1744689.1
STATE OF CALIFORNIA ) COUNTY OF ORANGE )
CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 25-66 I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; and that the above and foregoing Resolution No. 25-66 was duly passed, and adopted at a regular meeting of the City Council held on the 2nd day of December, 2025, by the following vote:
CITY COUNCIL AYES: ________________________________ CITY COUNCIL NOES: ________________________________
CITY COUNCIL ABSTAINED: ________________________________ CITY COUNCIL ABSENT: ________________________________
____________________ ERICA N. YASUDA
City Clerk
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 TO CC RESOLUTION 25-66
DRAFT CONDITIONS OF APPROVAL ZONE CHANGE 2025-0001 SUBDIVISION 2025-0001 / VESTING TENTATIVE TRACT MAP NO. 19390 DESIGN REVIEW 2025-0004 CYPRESS GROVE
TCC SECTION GENERAL COMPLETE RESPONSIBLE DEPT
9291(d) 1.1 The proposed development shall substantially conform to the project description and submitted plans for the project date stamped November 17, 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.
Ongoing Planning
(1) 1.2 This approval shall become null and void unless the use is established within twenty-four (24) 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.
Ongoing Planning
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.
Ongoing Planning
*** 1.4 Approval of the project is contingent upon the applicant and property owner, if different, signing and returning to the Community Development Department a notarized “Agreement to Conditions Imposed” form and the property owner signing
and recording with the Orange 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.
Prior to Issuance of Demo Permit Planning
*** 1.5 The applicant and property owner, if different, 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 its sole cost and expense, elect to participate in
the defense of any such action under this condition.
Ongoing Planning
1126(a) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City
Code Section 1162(a).
Ongoing Planning
1123(a) 1.7 The applicant and/or property owner 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.
Ongoing Planning
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 2
(2) 1.8 The applicant and/or property owner shall comply with all mitigation measures adopted for this project as part of the Mitigation
Monitoring and Reporting Program (MMRP). The developer shall provide a mitigation monitoring matrix/spreadsheet to the
City demonstrating the satisfaction of all relevant conditions and mitigation measures prior to the identified project milestone
(prior to permit issuance, prior to certificate of occupancy, etc.).
Ongoing Planning
*** 1.9 The HOA, as well as the affected individual unit owners, shall be jointly and severally responsible for maintenance of the minimum (at maturity) 15-foot-tall privacy hedge along the eastern and southern property lines, and shall be jointly and
severally liable for any penalties imposed for failure to maintain said hedge as set forth in these conditions of approval, the CC&R’s established pursuant to these conditions of approval, and the provisions of the Tustin City Code. The City further reserves all other rights to enforce these conditions of approval, the CR&R’s and the provisions of the Tustin City Code and
other applicable laws and regulations.
Ongoing Planning
CONDITIONS, CONVENANTS & RESTRICTIONS (CC&Rs)
*** 2.1 No dwelling unit in the development shall be sold or a Certificate of Occupancy issued prior to the formation of a homeowners association with the right 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, slope
maintenance, private streets, and utilities.
Prior to Issuance of Certificate of Occupancy
Planning
*** 2.2 All organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions (CC&Rs)
shall be submitted to and approved by the Community Development Department and City Attorney’s Office prior to recording
the documents with the Orange County Clerk-Recorder’s Office. Costs for such review and recordation 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.
Prior to Recordation
of CC&Rs
Planning
***
2.3 CC&Rs shall include but not be limited to the following provisions:
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&Rs.
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. Private open space areas within the development shall be illustrated on a “Private Open Space Exhibit” and shall be made part of the CC&Rs and shall specify those portions of the open space area that are allocated for private use. The CC&Rs shall include provisions for authorized uses and structures, access, maintenance, and restrictions in the private use areas
to minimize noise and light disruptions to adjacent properties. e. Membership in any Homeowners Association (HOA) shall be inseparable from ownership in individual lots.
Prior to Recordation of Final Map Planning
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 3 f. 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.
g. 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. For all units which were originally designed and constructed to include the minimum (at maturity) 15-foot-tall hedge within the private yard area of the property (i.e. all units which abut the eastern and southern property lines of the site), those hedges may not be removed and must be maintained in a healthy manner, consistent with the other provisions of the CC&R’s and the Tustin City Code. In the event that any such hedge dies, becomes diseased or decayed, or must otherwise be removed, the hedge shall be replaced immediately.
3. 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 and vehicular access at the main project entry shall remain open and accessible to the public at all times.
4. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare.
h. 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. i. A “Parking and Circulation Exhibit” shall be made part of the CC&Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: 1. A total of 290 garage parking spaces shall be permanently maintained at a rate of two spaces per dwelling unit. An additional minimum of 37 unassigned guest parking space shall also be permanently provided, or as required by the
governing planned community regulations as may be amended.
2. 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.
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 4 3. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. 4. The homeowners association shall be responsible for monitoring and enforcing all parking regulations on private property. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking regulations within the development which may include measures for fire access
and enforcement by a private security company. j. Television, satellite dishes, and radio antennas shall be installed in accordance with the requirements of the TCC. k. All utility services serving the site shall be installed and maintained underground pursuant to TCC 9271. l. 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 shall be provided to homebuyers, 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, the 15-foot hedge along the eastern and southern project boundaries, 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. 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 individual trash cart placement at designated curb areas as shown on a “Trash Pick-up Exhibit” to be made part of the CC&Rs, showing how trash carts shall be placed no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection.
r. Provisions for the HOA to enforce the homeowner’s obligation to maintain the minimum (at maturity) 15-foot-tall hedge within the private yards of units abutting the eastern and southern property lines of the site, which shall include, but not be limited to, the right of the HOA to enter into those areas for purposes of maintaining the hedge if the homeowner is unable or otherwise fails to do so. s. Maintenance of all drainage devices in common areas shall be the responsibility of the HOA.
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 5 t. 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.
u. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. v. 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. w. 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.
HOMEBUYER NOTIFICATION
*** 3.1 Prior to recordation of the final map, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes, but is not limited to, the notifications listed below. The notification
document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of each signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy.
a. A notice for roadway and airplane noise, including roadway noise associated with 17th Street and Prospect Avenue.
b. A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards and fire hydrants)
identifying the type of structure and their locations.
c. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and
will require zoning clearance and a business license.
d. A notice explaining the easements, facilities, amenities, and dedications that will be provided and indicating all on-site
driveways and common areas are to be maintained by the homeowners association.
e. A notice stating trash bins shall be placed in designated curb areas as shown on the approved “Trash Pick-up Plan” no
earlier than twelve (12) hours prior to the scheduled collections and removed within twelve (12) hours of collection.
f. A notice explaining and providing a copy of the approved “Parking Plan” and related CC&Rs provisions.
g. A notice explaining and providing a copy of the approved “CR&R” Hauler Route”.
h. A notice explaining and providing a copy of the approved “Phasing Plan” for future construction within the subdivision and
that activity may be disruptive.
Prior to Certificate of Occupancy for First
Model Unit, Prior to Final Inspection
Prior to Issuance of Certificate of
Occupancy
Planning
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 6 i. A notice regarding units that abut the eastern and southern property lines of the site within which the minimum (at maturity) 15-foot-tall hedge proposed by the developer/subdivider is located, explaining that the hedge cannot be removed, must be maintained by the homebuyer in accordance with the CC&R’s and Tustin City Code, and which notifies the homebuyer that the HOA reserves the right to enter onto the homebuyer’s property for purposes of maintenance of the hedge in the event the homebuyer fails to do so.
ARCHITECTURE AND DESIGN
*** 4.1 A master sign program showing final sign plans for the community demonstrating compliance with TCC Article 9 Chapter 4 shall be submitted to and approved by the Community Development Department prior to the issuance of any building permits for signage.
Prior to Issuance of Building Permits for Signs
Planning
*** 4.2 Applicant and owner are responsible for ensuring that information contained in construction drawings is consistent among
architectural, structural, grading, electrical, mechanical, plumbing, fire, utility and public improvement plans as well as other construction drawings.
At Plan Check Applicant
*** 4.3 Project materials shall comply with those identified in the approved plans and are subject to field verification. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials.
At Plan Check Planning
*** 4.4 All mechanical and electrical equipment shall be adequately and decoratively screened, consistent with the manufacturer’s
recommendations. The screen shall be included as an element of the overall design of the project and blend with
architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers located adjacent to 17th Street and Prospect Avenue shall be both painted to blend with the adjacent building and be screened by adequate landscaping per Southern California Edison standards; together paint and landscaping shall be provided to minimize visual impacts of the equipment.
At Plan Check Planning
*** 4.5 Balcony run-off shall be integrated into the building structure and storm drain system. Balcony drain water shall not drain down the side of balconies and/or building exterior.
At Plan Check Planning
*** 4.6 Construction drawings shall specify use of anti-graffiti products for treatment of building walls fronting onto 17th Street or
Prospect Avenue.
At Plan Check Planning
9271 4.7 All utilities shall be placed underground pursuant to TCC 9271. At Plan Check Building
LANDSCAPE
5502(m) 5.1 Landscaped areas shall be maintained and watered and all dead plant material is to be removed and replaced. Ongoing Planning
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 7 *** 5.2 All plant materials shall be installed in a healthy and vigorous 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.
Ongoing Planning
9703(b) 5.3 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with the approved landscape plans, applicable state law, City Council Ordinance 1465, adopted Guidelines for Implementation of
Tustin’s Water Efficient Landscape Ordinance, and TCC Section 9266e.
At Plan Check Planning
*** 5.4 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted
to match the building when located adjacent to a building. Landscaping shall be utilized to screen the devices where possible.
Ongoing Planning
*** 5.5 Fences and walls shall be screened with vines and/or trees. Equipment areas shall be screened with walls, vines, and/or trees. Ongoing Planning
NOISE (2) 6.1 At plan check, the architectural plans shall incorporate the noise attenuation measures specified in the Noise and Vibration Impact Analysis (LSA, July 2025). The plans shall include a note specifying the following minimum Sound Transmission Class (STC) ratings for all exterior windows and glass doors in habitable rooms as follows, or as may be amended with an updated noise analysis provided to the satisfaction of the Community Development Director:
• STC 31: For residential units 29 through 49.
• STC 29: For residential units 1 through 10, 16, and 22 through 28.
• STC 25: For all other residential units.
At Plan Check Planning
(2) 6.2 Prior to the issuance of a building permit, the Applicant/ Developer shall submit a final acoustical report to the Community
Development Director, or designee, which shall identify all reasonable and feasible noise attenuation measures to satisfy the exterior noise level standard, as defined by the City of Tustin General Plan Noise Element and TCC Article 4, Chapter 6, Section 4614(c).
Prior to Issuance of
Building Permit
Planning
(2) 6.3 Prior to the issuance of the final Certificate of Occupancy for any residential building, the applicant/developer shall submit a post-construction interior noise monitoring report to the Community Development Director for review and approval. The report shall be prepared by a qualified acoustical consultant and shall verify that interior noise levels in the tested units do not exceed
45 dBA CNEL. The selection of units for testing shall be approved by the Community Development Director, or designee, prior to conducting the monitoring. The testing shall include, at a minimum:
• One "worst-case scenario" unit from the group required to have STC 31 windows (i.e., one of units 29-49). The selected unit shall be located such as to represent maximum noise exposure.
• One "worst-case scenario" unit from the group required to have STC 29 windows (i.e., one of units 1-10, 16, or 22-28). The selected unit shall be located such as to represent maximum noise exposure.
• One unit from the remaining group with STC 25 windows.
Prior to Issuance of Certificate of Occupancy
Planning
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 8
Should any tested unit fail to meet the 45 dBA CNEL standard, the Certificate of Occupancy for that unit, and for all other un-
tested units with the same attenuation design and orientation, shall be withheld. A remediation plan, including any necessary
noise attenuation measures (e.g., window replacement, improved seals), shall be submitted for review and approval. The units shall be re-tested to confirm compliance before the Certificate of Occupancy is released. PLAN SUBMITTAL
(1) 7.1 The approved Conditions of Approval and Mitigation Monitoring and Reporting Program shall be printed on the first or second
page of the construction documents when submitting to the Building Department for the plan check process.
At Plan Check Planning
*** 7.2 Prior to the issuance of the demolition permit, the Developer shall submit plans to the Community Development Director for
fencing or other temporary enclosure to shield the project site from pedestrian and vehicular view on 17th Street and Prospect Avenue, and properties along the property line for review and approval. Such fencing or enclosure shall remain in place until the project is completed.
At Plan Check Planning/Building
*** 7.3 Prior to issuance of grading permit and building permit, a revised Mitigation Monitoring and Reporting Program (MMRP) and Conditions of Approval (COA) matrix/spreadsheet shall be submitted to the City demonstrating compliance with mitigation measures and conditions that apply prior to permit issuance or during construction.
At Plan Check Planning/Building
*** 7.4 A soils report is required for all new residential construction. A soils report addressing foundation and seismic designs shall be provided for review with the construction documents.
At Plan Check Building
***
7.5
Obtain a separate demolition permit to remove existing improvements proposed for demolition.
At Plan Check Building
*** 7.6 At Building plan check submittal, plans shall include all architectural, photometric, structural, MEP, Energy, Green, and PV
solar plans.
At Plan Check Building
*** 7.7 All construction shall comply with the 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
*** 7.8 At plan check, demonstrate that the site and building comply with the accessibility requirements of CBC Chapter 11A. At Plan Check Building
*** 7.9 Demonstrate that the building complies with the current California Green Building Standards Code Mandatory Measures
At Plan Check Building
*** 7.10 All guards shall be constructed to a minimum height of forty-two (42) inches, consistent with Section R312 of the California
Residential Code.
At Plan Check Building
*** 7.11 A photovoltaic (PV) system shall be installed on both structures, as required by the Energy Report.
At Plan Check Building
*** 7.12 Submetering shall be provided for each unit, consistent with Section 601.2.2 of the California Plumbing Code.
At Plan Check Building
*** 7.13 Eaves between two and three feet from the property line shall have fire-rating on the underside. CRC Table R302.1(2). At Plan Check Building
PUBLIC WORKS DEPARTMENT
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 9 FINAL MAP CONDITIONS 9325 8.1 Preparation and recordation of a final subdivision map shall be required. Within 24 Months from the Tentative Map Approval
Public Works
9331 8.2 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right-of-way easements; and dedication
of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the
City Engineer (at no cost to the City) and/or other agencies.
Prior to Recordation of Final Map Public Works
*** 8.3 The Subdivider shall release and relinquish to the City of Tustin all vehicular access rights along 17th Street and Prospect
Avenue, except at approved access locations and street intersections, at no cost to the City, on the Map.
Prior to Recordation
of Final Map
Public Works
9332(g) 8.4 Prior to recordation of the final map, the applicant is required to execute a subdivision and monumentation agreement and
furnish improvement and monumentation bonds, all on forms acceptable to the City.
Prior to Recordation
of Final Map
Public Works
9331 8.5 Prior to submittal of an application to the City for approval of the final map, the applicant is required to submit to the City a report to establish the required Park Land Fee, per TCC 9331, which requires that fair market value be determined by a Master Appraisal Institute (MAI) Designated member of the Appraisal Institute acceptable to the City and at the expense of the subdivider; and the determination shall consider the value of a buildable acre of land at the time the final map is to be
recorded, as if otherwise the land would be fully developed to the residential density shown on the tentative map for which
the fees are required. The Park Land Fee shall be approved by the Community Development Director. Prior to issuance of a Certificate of Occupancy for a residential unit of the project, the developer shall pay a per unit park in-lieu fee, as each certificate of occupancy is issued by the City.
Prior to Submittal of Final Map Prior to Issuance of
Certificate of
Occupancy
Planning
WATER QUALITY CONDITIONS
Article 4, Chapter 9 8.6 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.
Ongoing Public Works
4902 8.7 Prior to issuance of any permits, the developer shall submit for approval by the Community Development and Public Works Departments, a final Water Quality Management Plan (WQMP) in the City’s Citizen Self Service Portal. The 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.
Prior to Issuance of First Permit Public Works
*** 8.8 Prior to submittal of a final Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $3,172.00 to the Public Works Department for the estimated cost of reviewing the WQMP.
Prior to Plan Check Public Works
4902(a) 8.9 Prior to issuance of any permits, the applicant shall record a “Declaration of Restrictions” with the Orange County Clerk-Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP.
Prior to Issuance of First Permit Public Works
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 10 *** 8.10 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.
Prior to Final Inspection/ Certificate of Occupancy
Public Works
*** 8.11 Prior to issuance of a Grading Permit, the developer shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm
Water Discharges Associated with Construction Activity from the State Water Resources Quality Control Board.
Prior to Issuance of Grading Permit Public Works
STREET IMPROVEMENT CONDITIONS
7231 8.12 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.
Prior to Work in
Public Right-of-Way
Public Works
*** 8.13 Prior to issuance of first permit, the developer shall submit engineered public improvement plans along the project frontage
for review and approval. These public improvements shall be completed prior to issuance of occupancy release.
a. The developer shall be responsible for the removal of existing driveway aprons, design and construct sidewalk, curb & gutter, parkway, and landscape & irrigation system on 17th Street and Prospect Avenue along project frontage. The 17th Street parkway shall be designed and constructed to accommodate a modified Class I off-road bike lane
adjacent to the sidewalk. Cross section shall be: curb & gutter - 3.5 ft parkway landscape (landscape & irrigation
system to be maintained by the HOA) - 6 ft bike lane - 8 ft sidewalk. b. By eliminating the existing driveway on 17th Street, the applicant shall be responsible for the design and construction of associated parkway improvements, median reconstruction to eliminate the westbound left turn pocket on 17th
Street, and traffic signal modification. Signal modification plan shall be based on proposed closure of the south leg, including installation of new countdown LED pedestrian signal heads and new APS pedestrian push buttons at both the 17th Street/North Prospect Ave. and 17th Street/South Prospect Ave. intersections. It is the applicant’s responsibility to coordinate the plan check and construction with the City of Tustin and the County of Orange.
c. Project entry on Prospect Avenue shall be designed and constructed per the City of Tustin Standard 210 with a
minimum 27’ width and 25-foot (minimum) radius curb returns. d. The developer shall be responsible for asphalt restoration per City Standards along the project frontages on 17th Street and Prospect Ave., including, but not limited to, asphalt grind and overlay of the half-street.
e. The developer shall be responsible for the design and construction of the undergrounding of all proposed utility distribution facilities within the public right-of-way along 17th Street along the project frontage. f. The developer is responsible for relocating any existing utilities or trees on 17th Street and Prospect Avenue along
the project frontage that are in conflict with the proposed improvements, if applicable. Preference would be to replace
Syagrus romanzoffiana (Queen Palm) with alternative species along 17th frontage. Alternative species shall be approved by the City Arborist.
Prior to Issuance of
First Permit
Public Works
***
8.14 Prior to issuance of first permit and/or an Encroachment Permit, the developer 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
Prior to Issuance of
First Permit
Public Works
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 11 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, including curb ramps for the physically disabled c) Drive aprons d) Signing/striping e) Street paving
f) Street lighting g) Catch basin/storm drain laterals/connection to existing storm drain system h) Domestic water facilities i) Sanitary sewer facilities j) Dry utility lines
k) Landscape/irrigation l) Traffic signal *** 8.15 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, the developer shall submit in the City’s Citizen Self Service Portal 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.
Prior to issuance of an Encroachment Permit
Public Works
*** 8.16 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer.
At Plan Check Public Works
*** 8.17 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, East Orange County Water District (EOCWD), AT&T, Cox Communications,
Spectrum, etc.
Prior to Issuance of First Permit Public Works
*** 8.18 The developer shall coordinate the design and construction of all utilities with the utility providers and the City. The applicant
is responsible for the coordination and all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing wet and dry utilities affected by the proposed project.
Ongoing Public Works
*** 8.19 Developer shall enter into a Landscape Installation and Maintenance Agreement with the City of Tustin for the construction, maintenance, repair, and replacement of the landscaping and parkway improvements within public rights-of-way adjacent to the project along 17th Street and Prospect Avenue. A detailed parkway improvement exhibit shall be provided.
Prior to Issuance of First Permit Public Works
WATER IMPROVEMENT CONDITIONS *** 8.20 Provide private onsite domestic and fire water systems including appropriate fire backflow device(s). Private domestic water submeters shall be provided for each dwelling unit
At Plan Check
*** 8.21 Common area landscaping will require a separate water service and meter for irrigation. A reduced pressure principal assembly (RPPA) shall be required to prevent cross contamination with the public water system.
At Plan Check
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 12 *** 8.22 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.
At Plan Check
*** 8.23 The developer is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project.
Ongoing
*** 8.24 Any easements for construction and maintenance of public water facilities within private property shall be dedicated to the City of Tustin on the project tract map, at no cost to the City.
Prior to Recordation of Final Map
*** 8.25 The project is located within the East Orange County Water District (EOCWD) Wholesale Zone. A release/approval from the EOCWD shall be obtained prior to issuance of a Grading Permit from the City of Tustin. The applicant shall submit a water
permit application to EOCWD, and is responsible for all applications, connection and other EOCWD fees.
Prior to issuance of Grading Permit
*** 8.26 The adequacy of a proposed water system plan for a proposed development project, including the number, size and
distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency.
Prior to Issuance of
First Permit
*** 8.27 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department.
At Plan Check
SOLID WASTE RECYCLING CONDITIONS
4352 8.28 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. 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.
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 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. 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”.
Prior to Issuance of First Permit Public Works
4312
8.29 Facility Solid Waste Collection and Recycling
The applicant, property owner, and/or tenant(s) are required to participate in the City’s recycling programs. a. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s), per 5.29c below.
b. For residential properties assigned containers for their individual use, placement of containers for collection by the City’s contracted hauler shall be adjacent to the specific residence for which they are assigned with no less than one
Ongoing Public Works
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 13 (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 15. c. For residential units with limited landscaped areas, a fair design standard is one 5-gallon cart for trash, one 65-
gallon cart for recycling, and one 35-gallon cart for organics, or as may be approved by the Public Works Department. This represents the largest size containers that will be offered to these units. Applicant will coordinate with the City s Public Works Department and the City’s hauler for enrollment in the City’s solid waste collection programs.
MISCELLANEOUS CONDITIONS
*** 8.30 Prior to first Grading Plan submittal, the developer shall submit an 8 ½” x 11” street address map exhibit to the Public Works Department for review and approval. The address map exhibit shall be in portable document format (PDF) and shall include
the site plan, footprint of building(s), and streets.
Prior to Submittal of Grading Plan Public Works
*** 8.31 The construction landscape and irrigation plan shall identify limited use areas for access onto public streets (at a minimum
a 10’ x 10’ triangle on each side of a driveway and a 25 x 25’’ triangle at a signalized intersection behind the sidewalk and
based on a corner sight distance analysis for parkway landscaping). Within limited use areas the hardscape improvements and landscaping must be restricted to a height of 24 inches or less depending on the speed of the road. Obstructions that could block line of sight are not allowed in the limited use area, including but not limited to bus shelters, walls and landscaping. Additionally, to maintain adequate sight lines of pedestrians on the sidewalk and vehicles and bicycles on the
street, the diameter of street trees shall be no greater than 24 inches, including canopies, within the area 84 inches above
the curb.
At Plan Check Public Works
*** 8.32 Proposed street trees shall be reviewed and approved by the City of Tustin Arborist.
At Plan Check Public Works
*** 8.33 Prior to the issuance of a Grading Permit(s), the developer shall provide written approval of sanitary sewer service
connections from the East Orange County Water District (EOCWD).
Prior to Issuance of
Grading Permit
Public Works
(1) 8.34 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before the first Certificate of Occupancy.
Prior to Certificate of Occupancy Public Works
POLICE DEPARTMENT
(1) 9.1 During construction, install and operate surveillance cameras covering the entire construction area with a 30-day footage
retention system. Footage shall be made available and provided to the Police Department upon request.
During Construction Police
(1) 9.2 On-site lighting shall comply with the Tustin Security Ordinance at all times from dusk to dawn. Ongoing Police
(1) 9.3 Should the community install vehicle gates in the future, vehicle gates must include a “click to enter” functionality for first
responders (emergency medical services, police, fire, etc.). The brand commonly used is “Click2Enter” but may be another brand so long as it is compatible with all emergency responders’ standard equipment.
Ongoing Police
(1) 9.4 All vehicle or pedestrian entrances/exits shall have posted signs stating “No Trespassing” in compliance with TCC 6350(c). Ongoing Police
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 14 (1) 9.5 Prior to installing address numbering on buildings, an address exhibit shall be provided to the Community Development Department and Police Department showing the proposed size, location, font, etc. to be used. This exhibit must be approved by both departments prior to installing address numbering.
At Plan Check Police/Planning
ORANGE COUNTY FIRE AUTHORITY (OCFA)
*** 10.1 Prior to issuance of a precise grading permit, or a building permit if a grading permit is not required, the following plans must be submitted to and approved by OCFA:
a. (Service Code PR 470 – PR 475) Underground piping for private hydrants and fire sprinkler systems, b. (PR 145) Fire Master Plan
Prior to Issuance of Precise Grading
Permit (or Building
Permit if Grading Permit not Required)
Building/OCFA
*** 10.2 Prior to concealing interior construction, the following plans must be submitted to and approved by OCFA:
a. (PR 400 – PR 440) Fire Sprinkler System, b. (PR 410) Fire Sprinkler System NFPA 13R, c. (PR 405) 13D within a Tract Development
Prior to Concealing
Interior Construction
Building/OCFA
*** 10.3 Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five (5) days in advance by calling OCFA Inspection Scheduling at (714) 573-6150.
Prior to Issuance of Temporary or Final Certificate of Occupancy
Building/OCFA
*** 10.4 Before commencement of construction, the applicant or responsible party shall attend a pre-construction meeting with an OCFA inspector. Call OCFA Inspection Scheduling at (714) 573-6150 at least five (5) days in advance to schedule and pay for the pre-construction meeting.
Prior to Commencement of Construction
OCFA
*** 10.5 After installation of required fire access roadways and hydrants, the applicant shall receive clearance from OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at (714) 573-6150 with the Service
Request number of the approved fire master plan at least five (5) days in advance to schedule the lumber drop inspection.
Prior to Bringing Combustible
Building Materials On-site
OCFA
FEES
(1) 11.1 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development
Department, a CASHIER'S CHECK payable to the Orange County Clerk-Recorder in the amount of fifty dollars ($50.00) and a CASHIER’S CHECK payable to the California Department of Fish & Wildlife (CDFW) in the amount of four thousand one hundred and twenty-three dollars and fifty cents ($4,123.50), or the current CDFW fee at the time of filing, to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested
party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.
Within 48 Hours of
Final Approval of Entitlements
Planning
Exhibit A - Conditions of Approval ZC 2025-0001/SUB 2025-0001/DR 2025-0004 November 17, 2025 Page 15
9331 11.2 The applicant Prior to issuance of a Certificate of Occupancy for a residential unit of the project, the developer shall pay a park in-lieu fee on a per unit basis pursuant to TCC 9331.
Prior to Issuance of Certificate of Occupancy
Planning
(1) 11.3 Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1st of each year.
Prior to Issuance of Each Building Permit Public Works
STOPSTOPBIKELANESTOP17TH STREET(PUBLIC)VESTING TENTATIVE TRACT MAP NO. 19390FOR CONDOMINIUM PURPOSESTITLE SHEETOF52500 SAND HILL ROAD, SUITE 320MENLO PARK, CA 94025(650)732-3300TENTATIVE TRACT MAP NO.19390FOR RESIDENTIAL PURPOSES949.474.196015535 Sand Canyon Ave, Suite 100Irvine, California 92618fuscoe.com1EXHIBIT B TO CC RESOLUTION 25-66, ANDEXHIBIT 7B TO PC RESOLUTION 4537
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OF52500 SAND HILL ROAD, SUITE 320MENLO PARK, CA 94025(650)732-3300TENTATIVE TRACT MAP NO.19390FOR RESIDENTIAL PURPOSES949.474.196015535 Sand Canyon Ave, Suite 100Irvine, California 92618fuscoe.comCONCEPTUAL UTILITIES4ABBREVIATIONS:LEGEND:
OF52500 SAND HILL ROAD, SUITE 320MENLO PARK, CA 94025(650)732-3300TENTATIVE TRACT MAP NO.19390FOR RESIDENTIAL PURPOSES949.474.196015535 Sand Canyon Ave, Suite 100Irvine, California 92618fuscoe.comSECTIONS5