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HomeMy WebLinkAbout03 CUP 09-024. DR 09-024 etc.ITEM #3 Report to the Planning Commission DATE: DECEMBER 8, 2009 SUBJECT: CONDITIONAL USE PERMIT 09-024 DESIGN REVIEW 09-024 AMENDMENT TO TRACT MAP 16581 AMENDMENT TO CONCEPT PLAN 03-003 APPLICANT: LENNAR HOMES OF CALIFORNIA MANAGING MEMBER OF TUSTIN COVENTRY, LLC CIO DONNA KELLY 25 ENTERPRISE ALISO VIEJO, CA 92656 PROPERTY OWNER: TUSTIN COVENTRY, LLC CIO DONNA KELLY 25 ENTERPRISE ALISO VIEJO, CA 92656 FUTURE PROPERTY OWNER: TUSTIN COVENTRY SENIORS, LLC DEVELOPER: META HOUSING CORPORATION 1640 S. SEPULVEDA BLVD., SUITE 425 LOS ANGELES, CA 90025 LOCATION: COVENTRY COURT AT COLUMBUS SQUARE LOT 265 OF TRACT 16581 ZONING: MCAS TUSTIN SPECIFIC PLAN (MCAS-SP 1) PLANNING AREAS 4 AND 5 REUSE DISPOSITION PARCELS 23 AND 24 GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: THE PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PURSUANT TO SECTION 65457 OF THE CALIFORNIA GOVERNMENT CODE REQUEST: TO DEVELOP 240 SENIOR APARTMENT HOMES (AGE- RESTRICTED FOR PERSONS 55 YEARS OR OLDER FOR RENTAL TENURE) INCLUDING 153 AFFORDABLE Planning Commission Report December 8, 2009 CUP 09-024, DR 09-024 Page 2 UNITS, WITH A PARKING STANDARD OF 1.7 SPACES PER UNIT, RECREATION CENTER, AND ASSOCIATED SITE AND INFRASTRUCTURE IMPROVEMENTS AT LOT 265 OF TRACT 16581, ALSO REFERRED TO AS COVENTRY COURT IN COLUMBUS SQUARE AT TUSTIN LEGACY RECOMMENDATION That the Planning Commission: 1. Adopt Resolution No. 4134 recommending that the City Council approve Conditional Use Permit 09-024 and Design Review 09-024 authorizing the development of a 240-unit senior apartment residential complex (age restricted to persons of 55 years or older for rental tenure) including 153 affordable units, with a parking standard of 1.7 spaces per unit, recreation center, and associated infrastructure and site improvements on Lot 265 of Tract 16581; 2. Adopt Resolution No. 4136 recommending that the City Council approve Amendment to Resolution No. 3951, which approved Concept Plan 03-003, to reflect a change in tenure from ownership to rental for the proposed 240-unit age-restricted senior housing complex on Lot 265 of Tract 16581; 3. Adopt Resolution No. 4137 recommending that the City Council approve Amendment to Resolution No. 05-40, which approved Tentative Tract Map 16581, to reflect a change in tenure from ownership to rental for the proposed 240-unit age-restricted senior housing complex on Lot 265 of Tract 16581. BACKGROUND Coventry Court is a neighborhood within the community of Columbus Square at Tustin Legacy. In 2005, the developments of Columbus Grove and Columbus Square (collectively known as the "Villages of Columbus") were reviewed and approved by the Planning Commission and City Council. On February 14, 2005, the Planning Commission adopted: 1) Resolution No. 3950 recommending that the City Council approve Zone Change 04-003 to allow for the development of detached carriage way units and amended the minimum requirement for a development site from 10 acres to 8 acres; 2) Resolution No. 3951 approving Concept Plan 03-003; Resolution No. 3952 recommending that the City Council approve Tentative Tract Map 16581, a density bonus, and affordable unit transfer; and 3) Resolution No. 3953 approving Design Review 04-006 for development of 1,077 residential units for Planning Area 4 and 5 of MCAS Tustin Specific Plan known as Columbus Square (Attachment C). It should be noted that the 1,077 units, including 242 senior units, approved in Columbus Square were later reduced to 1,075 and 240 units respectively due to the redesign of the senior project. On February 22, 2005, the City Council adopted Resolution No. 05-40 approving the Tentative Tract Map 16581 (amended on March 7, 2005 to reflect parkland credits) and Ordinance No. 1297 approving Zone Change 04-003 (Attachment D). Final Tract Map 16581 was approved Planning Commission Report December 8, 2009 CUP 09-024, DR 09-024 Page 3 with the adoption of Resolution No. 06-17 by the City Council on February 6, 2006 (Attachment D). The approved project included a density bonus and affordable unit transfer and required 266 affordable units including 153 units provided in a senior housing project to be approved under separate Design Review. Subsequently, on January 23, 2006, the Planning Commission adopted Resolution No. 4014 (Attachment C) approving Design Review 05-019 which authorized the development of a 240-unit senior residential project including the required 153 affordable units and Conditional Use Permit 05-037 authorizing a parking ratio of 1.7 parking spaces per unit. Since approval, only one (1) of the project's ten (10) 24-unit buildings has been completed (see Figure 1). The remaining units have since been suspended due to the economic downturn. Recently, the applicant informed the City that they wish to resume the development of the Coventry Court. The applicant has indicated that a new entity, Tustin Coventry Seniors, LLC will be the ultimate owner for Coventry Court. Tustin Coventry Seniors, LLC will acquire the property fallowing the approval of the requested entitlements, contract with Meta Housing Corporation as a fee builder to develop the property as proposed, and Tustin Coventry Seniors, LLC will remain as owner and property manager for the senior complex. Condition 1.3 of Resolution No. 4014 specifies that "the subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months." While some building permits were applied for, approved, and issued, due to the economic downturn, the developer did not progress with permitting and construction of the project beyond the first building. Consequently, Design Review 05-019 and CUP D5-037 for Coventry Court have expired; thus the applicant has submitted new design review and conditional use permit applications (DR 09-024 and CUP 09-024) for the entitlement. While the developer has requested approval to resume the development as previously approved, the developer is requesting authorization to modify the project's prior requirement for ownership tenure only. The developer is now proposing that the 240 units Figure 1. Constructed building at Coventry Court Planning Commission Report December 8, 2009 CUP 09-024, DR 09-024 Page 4 be provided for rental tenure. Pursuant to Sections 3.4.2.A and 3.4.5.A of the MCAS Tustin Specific Plan, "multiple-family residential (apartments)" are a conditionally permitted use in Planning Areas 4 and 5. Since resolutions of approval for Concept Plan 03-003 and Tentative Tract Map 16581 specified that senior housing developed at Columbus Square would be "for ownership tenure," the proposed project necessitates amendments to Planning Commission Resolution No. 3951 and City Council Resolution No. 05-40. The changes are for consistency purposes and do not constitute a significant change from the intent of the original approvals. Lot 265 of Final Tract Map 16581 is specified "for condominium purposes"; an amendment or a Certificate of Correction to the recorded map will be necessary, as conditioned in Condition 1.6 of proposed Resolution No. 4137. In summary, the project proposal involves the following new or amended entitlements: 1. DR 09-024: New design review for the development of an age-restricted 240-unit senior housing project including associated recreational facilities and site and building improvements. 2. CUP 09-024: New conditional use permit for age-restricted apartments utilizing a parking ratio of 1.7 parking spaces per unit. Pursuant to Sections 3.4.2.A and 3.4.5.A of the MCAS Tustin Specific Plan, multiple family dwelling units (apartments) are conditionally permitted in Planning Areas 4 and 5. 3. Amendment to Tract Map 16581: Due to the proposed change from ownership to rental tenure, an amendment to TM 16581 will be required to be documented in a resolution. (An amendment or Certificate of Correction to be recorded on FTM 16581 will be required prior to issuance of a building permit, for review and approval by the Public Works Department). 4. Amendment to Concept Plan 03-003: Due to the proposed change to rental tenure, an amendment to the Concept Plan is also required to be documented in a resolution. Due to the comprehensive nature of the requests, the Planning Commission is being asked to consider the proposals and make a recommendation to the City Council. The Council will be responsible for taking action on the proposed new and modified entitlements, as well as the amendments to the Housing Agreement and Affordable Housing Plan to reflect the change to rental tenure. DISCUSSION Sife and Surroundings The project site is Lot 265 of Tract 16581 (Columbus Square). It is also considered part of Planning Areas 4 and 5 (the site traverses the boundary) and Reuse Plan Disposition Parcels 23 and 24 of the MCAS Tustin Specific Plan. Columbus Square is a community of 1,075 homes' generally bounded by Edinger Avenue to the north, Valencia Avenue to the south, the future fire station site and Kensington Park Drive (formerly West Connector Road) to the east, and Severyns Road to the west. Within Columbus Square, Coventry ~ Total approved number of units, including approved density bonus. Not all units have been constructed. Planning Commission Report December $, 2009 CUP 09-024, DR 09-024 Page 5 Court is located in the northeast corner along Edinger Avenue, contiguous to the future fire station site, and directly adjacent to the Verandas and Cambridge Lane communities (see Figure 2 -Location Map). ~f~~~~~{ 1._-.1 M { 1 - r _uMOIM wkMUn Project Proposal, Site Design and Architecture The project proposal involves the development of 240 units (24 units constructed, 216 remaining) on an approximately nine (9) acre site, including a recreation center and associated infrastructure and site improvements with a parking standard of 1.7 spaces per unit. No changes to the previously-approved plans (including site design, architecture, landscaping, parking, etc.) are proposed. The submitted plans are consistent with the plans previously approved by the Planning Commission in Design Review and by staff in plan check. The only change proposed from the previously-approved project is the requested modification to the housing tenure type from ownership to rental. The 240 units are divided into ten (10) three-story cluster buildings. The buildings are designed as U-shaped clusters containing twenty-four (24) units and are separated by either a minimum of twenty-six (26) feet of open space or a two-way drive with landscaping, parking, and sidewalks (See Figure 3 -Building Layout). Each cluster includes twenty (20) single car garage spaces and four (4) residential units on the ground floor and twenty (20) units on the second and third floors. The units feature six different plan types, either one (1) or two (2) bedroom, ranging from about 660 - 1750 square feet (see Attachment B -Submitted Plans for further details). For safety and convenience, the garages are designed with an interior access to the main corridors. Fourteen (14) of the garages take vehicular access from an interior courtyard and six (6) from the private streets. The main lobby, elevator, and trash chutes are located at the center of the building and within a reasonable distance from all units. In addition to the trash chutes, recycling bins are located on the ground floor of each building. Figure 2. Location Map Planning Commission Report December 8, 2009 CUP 09-024, DR 09-024 Page 6 GYagf Nrp,+Mn ~~vrr• •.+.Y ,.ri :' ~E...._ ~!~ M .NSF-11~'i-_ 'r:, r ~+ + ~~~,-- - -~~T- Figure 3. ii il- ......fi.., `~ ,.w. ,. LL7fi Ylr.:i:h'y dlv~ ..'~ ••••• •••1 a L coy-'+kt t~ ,x~ 4 ..~ - --- wu...,pr -- ~ ~,~ _ 11~ L~° ~I ~! vI .y I ~~ I i ~ i x..r.w..9 1 ~~ II w! Q"+i YM i7b~5 1 r .~ y ~MJ rY ' i ~? = ; • ~o~ T; ~ ., ~S ~~~1~ • The main entry leading to the lobby includes a small veranda that is separated from the street with an ornate wrought iron gate. The elevator tower is designed with decorative brackets and capped with a decorative cupola that is the focal poinfi of the building. This element is also duplicated in the design of the pool building and the recreation center. The buildings are designed with stucco and brick veneer on the first and second floors and wood siding on the third floor. The doors and windows are enhanced with wood shutters and Fypon millwork moldings. The balconies and ground floor patios include wrought iron railings that are compatible with the Colonial and Georgian architectural styles of other residential buildings in Columbus Square (see Figure 4 -Elevations). Rear o., ~ I f I r G}c!~~::o -1 ~-~ }ry v,ae ..'. sinrivv ~~_,:~jrtff ,.. ~ , _ , II !!crrrn~ •tJ ~., ,. ~ ~G~, ~., r~+,~i~sr.~,+r gr . _ ..Y _i . v~-~ ~ ~, ~• ~ ~~~, r S ~ I~ ~, ;~ a `,~ ~ }; Right AU6Z6e Cunrentual Elevations aritanro~w Figure 4. Elevations Planning Commission Report December 8, 2009 CUP 09-024, DR 09-024 Page 7 Ownership Tenure Pursuant to Sections 3.4.2.A and 3.4.5.A of the MCAS Tustin Specific Plan, development in Planning Area 4 and 5 of apartments is a discretionary action requiring approval of a conditional use permit. Section 3.4.2.H.4 (Special Development Requirements) states that consideration of a conditional use permit should include the City's preference for ownership tenure, and in any event, no more than 25 percent of the total number of units permitted within the Tustin portion of the Specific Plan area may be approved for apartments. The applicant (Lennar) has requested a change in the housing tenure from ownership to rental due to their forecast of the housing market. The applicant has justified the request by noting that: 1) Approval of the request will accelerate the construction and delivery of the required 153 affordable units within Coventry Court. For the project to remain as for-sale units, the current market and construction schedule would place the delivery of the affordable homes beyond mid-2012. If allowed as rental, the affordable apartments would be available in the marketplace with the completion of the project. 2) Construction of Coventry Court as a rental project allows the remaining market products within Columbus Square to comply with phasing schedules that require complementary delivery of market-rate and affordable products. 3) Coventry Court is located on a prominent perimeter parcel of Columbus Square; the completion of the project would demonstrate completion of a significant portion of Tustin Legacy. 4) The change in tenure does not necessitate a major change to the proposed plans. Additionally, approval of the subject 240 units for rental would remain within the 25 percent limit on apartments in the Specific Plan area. The project should be viewed in context of the greater master plan for the reuse of MCAS Tustin and considered as part of the overall development of the Villages of Columbus (Columbus Square and Columbus Grove), in which it is the only rental project built or anticipated. The 240 rental units out of a total of 1,540 units in the Villages of Columbus constitute less than 16 percent and represents also 5.7 percent of the total MCAS Tustin projected residential units. The Columbus Square development included a density bonus and the Columbus Grove development included an affordable unit transfer for some affordable units from Columbus Square. Parking Condition 2.2 of Resolution No. 05-40 adopted for Tentative Tract Map 16581 stated that [for the subsequent senior development proposal], any deviation from the MCAS Tustin Specific Plan parking standards for the senior housing would require approval of a conditional use permit which would include submittal of a parking analysis that would justify reduction in the number of required parking spaces, subject to review and approval of the City's Traffic Engineer. Previously-approved CUP 05-037 permitted a parking deviation from the parking standard in the MCAS Tustin Specific Plan (which does not Planning Commission Report December 8, 2009 CUP 09-024, D R 09-024 Page 8 differentiate senior multiple family units from other multiple family units) from the required 2.25 spaces per unit to a proposed 1.7 spaces per unit to accommodate the proposed senior housing development. The application for the deviation included a traffic study prepared by KAKU Associates, Inc., which drew examples from senior, market-rate, and affordable projects in several cities across the Southern California. With respect to the proposed project, the City's Public Works-Engineering Division re- reviewed the parking demand analysis approved under CUP 05-037 in conjunction with the subject application for 240 senior rental apartments. The City's Traffic Engineer determined that the difference in parking demand between a senior condominium (for sale) and senior apartment (for lease) project would be negligible; thus, the 1.7 spaces/unit ratio can remain applicable to the Coventry Court project as proposed for rental tenure (CUP 09-024). Affordable Housing Per the adopted Affordable Housing Agreement and Housing Plan for Planning Area 4 and 5 (Columbus Square) at Tustin Legacy, 153 of the 240 senior units proposed at the Coventry Court site are designated as affordable housing units. The project as proposed includes the same number of affordable units (with 87 units anticipated to be rented at market rate) at identical locations, unit size, bedroom counts and income designations as the previously approved Housing Agreement and Housing Plan. However, the proposed changes in the project's tenure necessitate amendments to the Housing Agreement Affordable and Housing Plan. The amendments implement new rental language, terms of affordability, and regulatory agreements. The amendments to the Housing Agreement and Affordable Housing Plan will be considered by the City Council along with the other project entitlements; the draft document is included as Attachment E to this report strictly as an informational item for the Planning Commission. The Housing Element (adopted June 2009) of the City's General Plan identifies the aging and elderly as a growing population with special needs. The Coventry Court project has been identified in the Housing Element as an approved project to be implemented to meet the City's housing projections and goals. If approved, the Coventry Court for-rental apartments will contribute to meeting these goals (at an accelerated rate). The type of tenure does not alter the original intent of serving the housing needs of the target population. Prior Approval and Conditions of Approval The project's site layout, design, and architecture are consistent with the plans that were previously approved by the City during the plan check process; however, since the applicant suspended construction after completion of the first building and did not obtain further permits, the plan checks have since expired. To continue the development of the project, new plan check submittals will be required and minor changes to the construction plans may be necessary due to the adoption of the latest California codes in 2007. Since the senior housing development was originally approved as a part of Tract Map 16581 for the entire Columbus Square community, the previously adopted conditions of Planning Commission Report December 8, 2009 CUP 09-024, D R 09-024 Page 9 approval of that project would still apply. As a result, staff is recommending that a general condition of approval (proposed Condition 1.10 of Resolution No. 4134) on DR 09-024 and CUP 09-024 be included to clarify that all applicable conditions of City Council Resolution No. 05-40 (Tentative Tract Map approval) remain applicable. Additional recommended conditions of approval for DR 09-024, CUP 09-024, Amendment to Tract Map 16581, and Amendment to Concept Plan 03-003 have been included in proposed Resolution Nos. 4134, 4136, and 4137. Concept Plan and Tract Map The development now known as Columbus Square (or Tract 16581) was authorized by Concept Plan (CP) 03-003 (approved by Planning Commission Resolution No. 3951 on February 14, 2005), and Tentative Tract Map (TTM) 16581 (approved by City Council Resolution No. 05-40 on February 22, 2005). Both CP 03-003 and TTM 16581 approvals authorized the following: to subdivide 105,5 acres for the purpose of developing 1,077 residential units (later reduced to 1,075) including 84 Single Family Detached (SFD), 181 Carriage Way SFD, 72 Multiple Family Attached (senior housing -- for ownership tenure) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23), and 18 carriage way units, 552 Multiple Family Attached (MFR), 170 Multiple Family Attached (senior housing -- for ownership tenure) for a total of 740 units at an Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS Tustin Specific Plan. The Concept Plan and Tentative Tract Map approvals specified that the future senior housing was to be for ownership tenure. The proposed senior apartment development necessitates amendments to the CP 03-003 and TTM 16581. The amendments would include the change in tenure type and additional conditions specifically related to the proposed senior apartments. Resolution Nos. 4136 and 4137 reflects the amendments to CP 03-003 and TTM 16581. ENVIRONMENTAL ANALYSIS California Government Code Title 7, Division 1, Chapter 3, Article $ addresses the California Environmental Quality Act (CEQA) in relation to Specific Plans. Section 65457 provides that once the EIR has been certified and the specific plan adopted, any residential development project that is undertaken to implement and is consistent with the specific plan is exempt from additional CEQA review. The exemption does not apply if after the adoption of the specific plan, substantial changes in the project or circumstances under which the project is being undertaken requiring major revisions in the project, or if new information becomes available which was not known at the time the EIR was certified. The development of Coventry Court at Columbus Square is a residential development project that is consistent with and is being undertaken to implement the MCAS Tustin Specific Plan. No substantial changes in the project nor circumstances under which it is being undertaken have occurred and no new information which was not known at the time the EIR was certified (or amended} has become available. Therefore, the proposed project is exempt from additional environmental review under CEQA. Planning Commission Report December 8, 2009 CUP 09-024, DR 09-024 Page 10 FINDINGS A. That pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin City Code, the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole, in that: The proposed senior residential apartment development is a permitted use in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, subject to approval of a conditional use permit; 2. As conditioned, the proposed project is consistent with the development standards and design guidelines of the MCAS Tustin Specific Plan; 3. As conditioned, conformance with all other applicable development standards, including current California building codes, will be verified by staff during plan check review; 4. The proposed site and building improvements are substantially consistent with plans previously approved by the Planning Commission and Community Development Department; The location, size, architectural features and general appearance of the proposed development are consistent with and will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. B. That pursuant to Tustin City Code Section 9291, the proposed senior apartment development with a parking ratio of 1.7 spaces per unit will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: Multi-family residential apartment housing is a permitted use in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, subject to approval of a conditional use permit; 2. The 240-unit senior apartment project is in conformance with the MCAS Specific Plan, including the limitation of renfial units to a maximum 25 percent of the total number of units permitted in the Tustin portion of the Specific Plan; 3. The change from ownership to rental tenure will not result in a change in the design, operational characteristics, or intent of the project as previously considered and approved; Planning Commission Report December 8, 2009 CUP 09-024, DR 09-024 Page 11 4. The aging and elderly are identified in the Housing Element of the City's General Plan as a growing special needs population in the City. The Housing Element identified the Coventry Court project as an implementation project to meet the City's housing projections and goals; 5. The project as proposed remains an age-restricted senior project and will benefit the target population as originally intended; 6. The 153 affordable housing units will be provided just as originally approved in terms of number, location, size, bedroom counts and income level, in conformance with the approved Housing Agreement and Affordable Housing Plan for Columbus Square; 7. Approval of the project for rental tenure will allow for the project to progress and deliver the affordable housing units to the market in a more timely manner and in conformance with the requirement for reasonable proportionality in development of market-rate and affordable housing units; 8. A parking demand analysis utilizing a parking ratio of 1.7 spaces per unit was previously approved for age-restricted senior condominiums as CUP 05-037 by Resolution No. 4014, has been re-reviewed by the City's Traffic Engineer in conjunction with the subject project, and has been determined to be satisfactory, adequate and applicable to the project as proposed for age- restricted senior apartments. C. That the subdivision of 105.5 acres and development of 1,075 residential units at the Columbus Square site, including 240 multiple family attached senior housing units for ownership tenure was approved under Concept Plan (CP) 03-003 by Planning Commission Resolution No. 3951 and under Tentative Tract Map (TTM) 16581 by City Council Resolution No. D5-40 and Final Tract Map 16581 by City Council Resolution No. 06-17. The project as proposed also necessitates text amendments to Resolution No. 3951 (CP 03-003), Resolution No. 05-40 (TTM 16581), and FTM 16581 to ensure consistency of the approved housing tenure type from ownership to rental senior units, and that the necessary amendments are determined to be consistent with the intent of the approved Concept Plan and Tract Map. Reina Kapadia Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Location Map B. Submitted Plans and Approved Parking Analysis C. Planning Commission Resolution Nos. 3950, 3951, 3952, 3953, and 4014 D. City Council Resolution Nos. 05-40 and 06-17 and Ordinance No. 1297 E. First Amendment to Housing Agreement for Columbus Square F. Planning Commission Resolution Nos. 4134, 4136, and 4137 Attachment A Location Map LOCATION MAP ADDRESS: LO ~ ~~~ ~~ ~'RACT 1658'1 COVENTRY COURT AT COLUMBUS SQUARE PROJECT NO.: CUP 09-024, DR 09-024 I~E~'~L0~~3~IE1,~9~' ®~ ~4~ SENI~J~~ ~~°~~~4T6'~~[~=i`~ ~' i~C7i~ES ~, lk' ~' ;I, ~ ~,; ; .: , ,. -_ ,r~, ,~ W,~~..~, _ ~r; _ f., ' ~ `~ L ` •` 7 r j,, y ~ .i'-;~~ ;~~ ':z ~.~ ,~ ' ~'• ',, ~ 11 ~`,~' ,'` . ~ ~ ~, Fri ~ ` M / ~`- i /•, _ Q ,., 005~1g11 ., ~ r~ •` '~ Attachment B Submitted Plans and Approved Parking Analysis GomnxrnilyWall ED/NGER AVE. AssiynedRecreatr'orrStaHPar1•inr3 During Desiynatsrl Hoilrs Orly R3a' 2r ,,' Rs4 -----~-------------------------- 1,5 ace L7rsabted 24' ~ G5' R'L5' ~18• 8G' _ _ Carport ~ arr 1.3' 15 I R25' 82' .. ' a'I . ~ _ _ _ - 24' _ I ! ~ ~ n_r; ~~ .94' ~", ~` , I , 'POOL ~~ r~~ ~ 6 ~_ RECREATIQN J` ~ Fl "~~ - _ 26' r - '8, ID - ~ I -? l . s'. -~ I '15' P - ~ ~ ~ R~4 ~ ~_ -1u - -'= ~ L _. Rd0' -1;1~- rasb & Recycle p, pD~ Accer>rI ~R15' Enclosure 24 R4 '. ~ ~8a RED P,,~i>rp R2U~ - ,5' ~ 4' - ~ 3a' f 26 rl' Project Strnunaly ~ TvralSlle,4ren: 9.UAcres~ i oral Units: 24D Hanes Density: 26.7DU/Acres Floor Area Ratio; 39?. 040 SF/ 349.690 SF = 1.1Z Open Space Provided: ----•--•--r--- re Carport ------ -------------------- "' ~ a~~ - ~' ~ I Open Space 98~ 119 SF . ~ ~ , ~~ - Pvo! Rec. Area 8.441 SF I 1 ClubhocrseRec.Area 5655 SF I - i ~ i Tvla! 112.14 1 SF 8U' Rf5' O y ~ ~ R38' Trish & Recycle i ~ Open Space Per Unit: 48i 5F/Urlil i ~ aa' - Enclosure ~ W i Landscape 5elhack.' 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'~~ - - --- -- - ~~ ~ ~ ~ - - ~-~ `~ ~ . 38' 11' 6' - 1 '~ 1R25'~ i5' 24 • Unit Saviors I l~ ,,__ R I Resrdenlial I P•e7a P•ezz 8 P•o7.1 P-66.6 P•662 P•W.9 P•855 P=85.1 P•84,7 ~ 24' 1 ~ L)~ i i R25' :~.~i g P•874 P•67:1 - I! C--- ------- --------- - . r ., VicinityM~p --- ~- _ I sPt~A ANA i y~h~j, P•e7b P•687 i ~ oQ ki I II i ~ _ ~ ~+tUF , I ~ - ~ / ~ A PS~~~. ~~ ~- - _ P•e76 - P•605 _.. ~ I P-B71 P•688 P-684 P-PS,9 P-65.5 P-65.1 P•8A7 I dpi - ' 2S' -_ -.~ 5 f lBUS `~ a~~' col - ~- - ~ `~ - 22 , - .n , y ~ ~~ ~: , ~ r ~~~ ~~ ,_~, ~- y GEORGIA ST ~T- ,.,.,. , . " ~ aa~ - - _ -~- ~ _ -- ---- ~Q~ wuwmxwnuo~xaanec~:m 11-~-rlr I_` L o~ ii~tttE "~~F s , CommunifyWall Not to Scale CONCEPTUAL S[TE PLAN DEVELOPMENT PLAN .STANDARDS STANDARD REOUfRED PROVIDED MINIMUMLOTAREA N1A N1A MAXIMUM BUILOIAIG HEIGHT 4U ft. 4l1(L MAXlMUfvILOTCOVERAGE 65% 3(1% COMMON OPEN SPACE 40D SF AER DU 497 SF FER DU MINIMUM BUILDING SETBACK FROM: EDINGER AVENUE 4U rt. 65 ff. NORTHLOOFROAD N/A NlA WGS7 CONNECTOR 20 h. 63 ft. PRNATE STREET OR DRIVE" 5 ft. 70 ff. INTERIOR SIDE YARD 3 R. 5 h. FEAR YARD f0 ff. NlA MINIMUM f ANDSCAFE SETBACK FROM, EDINGER AVENUE 30 fl. 30 ff. NORTH LOOP ROAD N/A N/A WESTCONNECTOR 2U ft. ?ift. NOTES r srrrLS,v,.sam,crnrcErruu FURF'JSF.SGPR.Y , .' q%1I FN(dNFFR rp vF.nrrrnt(SF 7&IC/<5 ArVU dR;IfiW61Ni0F'MAI'lON 7 &ISf ~NrtX~NN frQNPER ~7VIL ENCrNEER d A(L DIJ.SIrEFIFE C.~NES rOBEUfSl6r,NfEG 'rVIiFIRE7CURHS 1ENNAR ' _ oL~ePx 74, 269s 25 Eirterprr'se., Suite 300 AlTsv ~e`° GA9~6'6 COLUMBUS SQUARE SENIOR VILLAGE ~" (349) 34g-8000 WILLIAM HEZMALHALCH '`~ `~ TUSTIN, CALIFORNIA A R c N I r E c r s ~ nl c. ' WILLIAMLVONNOMES IOC. tPU:9E~a~,rr4r,UB waenw,~raar~ ~x rar~~s~s q ~ ,~ ~ ~ ~ 153 ?U U.~ mr nhircr h~n h M4 ~f ,ii4 4oosass.al ~,~~? 449D I/or7KarmanAve. ~ISrCP,s~~ art ;26PtE?~1Nor ntwesc,,r NewpoRBeach. CA 92660-2000 ~t-6~ n o ~ ~~~ h rw ~~ °~4` ^"M' s % LAP ~Olll~3 (949J 8,i3-3600 b 6 I i ~m a ,~., ~ ~~ .,"„",H ,..,,. ,~a~1n5417111dA1 I II'./.N:1L1 LHi,fl I dltl i IIIECfi, INf Conceptual First Flaor Y Ct Building Type I BUILDING 1 AFFORDABLE U NITS UNIT TYPE VERY LOW INCOME ~g GOF @LNLDS 4 UNITS 8 ror 32 ® LOW INCOME 6 UNITS 8 48 MODERATE INCOME 5 UNITS 8 4D TOTAL UNITS ON SITE 15 UNITS 120 necFate91ctz7aot ~'~ ~ D 8 16 24 COLUMBUS SQUARE SENIOR VILLAGE ~.~`''~I~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~ TUSTIN, CALIFQRNIA wIr ~I HM HE`MAS HA NCH 7957 PEONILLAVEIUE SUIT 7W 9hPl<A PHACA ~L+'r~S~S5J7 , wof85,o1 ~ 9c9 ZNl Ofi07 xrvniMarchilecla.cgn dP 949 ~ 1679 - n111 MlJNGE9GWYCN99P9 YlIIE49S i9NPAUCNG91:315'.Pi L211nc~I' ~/l~ll~fl'1 LyOO ~IOCIleS 9z5~esiTaa ~,97s~991i~ __ u ~Ap,~ ,xo,~.,c,„N,,. ~wraom ~ ~c~~c..n ~~- y I I,J~ ~ ~,~^,~ ~ I , ~t I ' ""rl ,wu~.z ., ~' • ~;~. ` ' ' G`'V ~~w,~ ~ -- - I - 6' - L - ~. u.W„p eam, Emy .~i ro~ ,.~. ,., - ~co,~,~,. ~~~-~~ _. ~ ... - b cow ~ __ - _ ~ - - ~«~,~, ..... .~.. .,... ,n,., ~ i ~~, a~- i ~~~ r~, . „~ ~~ i ~ ~~h ~~ gym„ .he.~ ; ~~ ~If ~, ~ M -- ,,,W, u!v M rw. 4 ~~_ Conceptual First Floor 0 loos uvitunai i ire.~~nu loci inky liners. mt Building Type II BUILDING 2 A FFORDABLE UNITS UNIT TYPE MUNlTS 0 BUI DS j07A1 UANTS „~ VERY LOW INCOME 4 UNITS 1 4 LOW INCOME 5 UNITS 1 5 MODERATE INCOME 6 UNITS 1 6 TOTAL UNITS ON SITE 15 UNITS 15 ~~ ~ DFCEM9ILR'.~'-0~5 0 8 16 2~1 ~ I COLUMBUS SQUARE SENIOR VILLAGE `.",~~ I I I I I I I I I I I I I WILLIAM HEZMALHALCH TUSTIlV, CALIFO[ZNIA A r, c H 1 1 E c r s I N c. ffiOA5@IILLnvENOE 511ffe 200 SM`inMN CA 9219i9'si7 4S9 ~ L'601 wnv.mnarrhdxis.~an faz 979 LO 1319 tuowss.ai 6u'. BCAJIICEFCC~IYOH80lu9 SMEdSS 3hY R4G6AC0.9:%}il& L,e11113P ~ WIl~latT] I_~On HOn1ES 9isar~noo awy~ts+ai~ra ,~, - - ~~~ W~~,~,~. . to)' taw., ..,. -, ~~~~ ~.~,. 5w ~ - ~~ ~ ~~~ -- f~~ ~~ '_~~ a= ,,,,. b` Conceptual First Floor 'v g Building Type III BUILDING 3 AFFORDABLE UNITS uNrrrraE N?LLs of s rorncuNrrs I VERY LOW INCOME 0 UNITS 1 0 ®LOW INCOME S UNITS 1 8 MODERATE INCOME 10 UNITS 'r 10 TOTAL UNITS ON SITE 18 UNITS 1 A p~~~~.r~, 0 a ,6 z4 CGLUMBUS SQUARE SENIGR VILLAGE ~ a''zf~ -- l ~ ~ ~ l l ~ ~ l ~ ~ ~ l WILLIAM HEZMALHALCH ]l I TUSTIN, CALIFORNIA a a c H l r~ c r s I Iv c. ~l~lll 'A'„V RENIILLpVHVLIE SWRCIa ~NiAAN0.(A 977PS35d'I ~~ 55A St9 2S0 OfiOi tnm~rlerchile~B,;pm iuM °d9 ?50 lug L~'11nL1[' /William Lyon Homes '9~saeim?9.~!+ruuaaP~sillrECSS+n'ra~N^~~~fiirii~ ' :i).'11Ili W7LLLL~111~/41p111~4[CIl AN6111iPYl'$.INI' Unlt 5Un1n1aYy: tfiordable Market TWeI Aata Units _ PIan1 APerBI u'sr:w+asa 18drrn. ~' B185F NEi BOUnils AA Units Plan 2 4 Per Bld . I9'/~GRO~ 2 Bdma. g EES SFNET 40 Units 4Q Units Plan 3 3 Per Bld , sresF°N°as 2 Bdrms. g 9055FNE7 30 Units 30 UnRs plan 4 3 Per BId . '~5F°n09B 2 Bdrrns. 9 wt sf r~r 3 Units 27 UnRs 30 Unlts Plen 5 4 Paz Bid . I'"°'~G"0~ 2 Bdrms. g 1~/OI SF NET 40 Unlts 40 Units Plan6 2PerBld itrssF°~s 28dm1s. 9' IesssR+ffr ZOUnI~ 20Unils ~ Total 24 Per Bldg. 24,012 BF Par Bldg. 163 Unlts 67 UnBs ~ 24p Units Total - ~ ~ - ~ R 240,120 SF Total ~ NO1C NEreW1WE FOOflOE WTNfEN fRCM THE W9elE Or iME E%IERIOR Wl1L9 nF EACN UNIT ~ ulmt Eewl mm umhvGmRRm -- 1Gr°wpe ~PrOerxGMlNVer ~__ ICOrOMCpe 1 Cm ~9erepe 1Cpr~ype 1CN w~ arawi I ano> 7 ~OYrgM 1 ~CWRJo 1Gf p~fipp ~~ I r r I 1 I I I IGraerge I IGrGmpe I I xmow -J ~ L_ vworr II I _= I~fIVa =_ I a~~ I ~lbJwgo I , Gr Firogu _ ~ Plan 3: I J ~ 0 _ - °,r - 94BSquereFeet 2oea~R,:reeene Rapp :~ EPIy, I I I 0 _sY~~*z f exnz 1GrEMaeed GOrege ACeaa ~ _ _ e I.m. ~' l P t ~Gagp ~ 1CV Gepa ~' -- ~ d NdMR ~ __ _ _ "~~ ___ --_- ~ ~ eemw+tp ~ I .E~ ~~v ~V II ~ ~ g _ _ I~(I ' - ---- I GrMYeAe sa' zew• so'4 f Gr~rppe _ _ --- ~~ ~ ` ,emr. I m. a ~ ~ ~ ~J~f ~ ~ l Plan ~: ~ -__ L it 956 Square Feel u emo~r ' `~, u 0 IGur Gerope I tG fwrp u, e~aromn NvI ,. znaem~»naras.p~ ICV Endapa Goropuga~es , ,, ~ ~ M. . n{ ii I ~ . *I ~ _ cJ ~ i~~ ~ e 't , II ''( I IGr~Grepe _ I I I I 1CNrf~wnpe w•It I ~ M.9em II N,~drcpfm l ~ -- -_-_- I I ~ ~ r ~ ~ I n ! `~ a ' II II ~~~, '~u~ ~~ ~ ~ _ r- 1 ~ I ~ I 1/ I Ttap l,~ l j ~, ~~~ e ____ W d& ': ' ~ ~ _ `i'-~ I .t, 'i paten II II Olfiao ?r ~ 0 _ w I I Al~~i ', 1 9 fNi' IlNn1 __ I I I I = I _' - I I - _ I ~ ~ JI :l -. - -i1 ~ \EAM(N i ` b, w ~ " ~ Nei ~,~ ~w~~m _ ;_~ .. eoNaanP ,~ I II I l L_J I I UF+vtl ~~ ' lan 5: _ , ~ __ J smr./~ Rrtb ~ - 14655quere feet _ _ .._I I ~- v ~ _ 19sEmaml teeM ~ - -_ ' - - 1 Ca Eraoeed Gsapel+:uY I Ptlb 14~'{f I Conceptual First Floor Conceptual Architectural Building Plan »7:~,~~, 0 8 16 24 ~III~III~III~ ~~~ 3U1SI3501 COLUMBUS SQUARE SENIOR VILLAGE TUSTIN, CALIFORNIA Lennar / William Lyon Homes ~~~" WILLIAM HEZMALHALCH 9 ARCHITECTS INC. J 7950PECIpllAVEAUE 51117E i90 SAN1Ak14 Ch 9@Sb5~S549 %9 ~0 0601 uww.wtprrltilpds.cmm hz 919 250 t629 61n B6ttNGEflCiNY0NR0oD SUIENS SW2uIdifA943669BS _._ BE6163 I'IW !a 925 d63 q26 - - -- UGCt31eEA St,tWO mlw>sui Conceptual Second Floor Conceptual Architectural Building Plan o ~ 16 z4 COLUMBUS SQUARE SENIOR VILLAGE ~II1111111111 TUSTIN, CALIFORNIA Lennar /William Lyon Homes ~. ~,,r~I WILLIAM HEZMALHALCH ARCHIi[CTS I NG, 28SUPEONIIIAVE'MOE SNff IDO SNJL~~UU Ca 0lIOiS91 'dA9 25U En~7 ~Mnv nharad't~asLom hx aq9 2S0 IjTJ 61'I &1LJNGE,9 CABV911A0h0 SMEf9S SAll fib,`dO;IC~14~k}i~Pi. A7r` :63 11fd1 la% 02F !fi7 ~7L 10 Conceptual Third Floor Conceptual Architectural Building Plan 0 8 16 24 COLUMBUS SQUARE SENIOR VILLAGE `.~`'``~ l i( ~ ~ ~ l ~ ~ ~~ VvILLIAM HEZMALHALCH TUSTIN, CALIFORNIA A a c H ~ r~ c 1 s i N c 2'P~FEGNILl0.yENUE yJI~;fA zPNiAANA CA 7li115•S,5d3 'J19 2S0 fNAI xwwailarcElleGS~4m iu: 9a9 2W IS29 misas5,ui nl1'~BOLpINiNC.NN'ONIIGPG SW~d$i 3R~~1sIJ8rAUtyglit~ ~ Lennar l Williai~a Lyon Homes ~lesArairla ~:9is~s:inzs ~ Deck NH ~ -3 c Living ' " ' M. Bdrm 11 _6 x 1 D -T Dinin~ 9'~" 9' 12'-5" x 11'-~" x - _ ----- I ~~ I ~ - - Kitchen M, Bath - ,, ,,-ri Entry Plan 1 662 S.F. 1 Bedrooml1 Bath 1 Car Enclosed Garage Access Living Deck Bath,2 Bdrm 2 " M. Bdrm 1z'-a'x1o'-o" '~'- ~ 1o'-2"x1o'-r' 1 M. Bath I Dining wic 8'•8" x T-2" --- ~ Entry Plan 2 905 S.F. 2 Bedroom/ 2 Bath 1 Car Enclosed Garage Access !;u - - . -- Entry Kitchen - Dining - 11'-6„ x 6'.1 D.. 1 _.- _:~ - ____ - ~ - Bath 2 Livin 13' 6" x 12g0" Bdrm 2 1D'-7" x 10' D" Deck Plan 4a 955 S.F. 2 Bedroom/ 2 Bath 1 Car Enclosed Garage Access M. Bdrm 12'-2" x 12'-2" ., - i Dining Kitchen - M Bath 9'-D" x 8'-0" - . ~~4 ~~~ ~ WIC M. Bdrm Living Bdrm 2 12'-s" x 1r-o" 12'-6" x 12' 2" 1 D'-2" x 1 D' 2" Deck Plan 3 907 S.F. 2 Bedroom/ 2 Bath 1 Car Enclosed Garage Access . -- a ~ ~ - : ,~ ~~' ~ Entry _ - Kitchen -~_ - Dining -~ 11'-6" x B'-10" M Bath Bath 2 r-- ~ - - -- ~ ~ Living 13'-6" x 12'-D" M. Bdrm Bdrm 2 12'_2" x 1r-2" 10'•7" x 1 ~'-D' Deck St. __ _ .- G,)ylO~i WILLLt~~111E2~NrlI11AL{;~IAItt'l lffE:6,INf: Plan 4b 955 S.F. 2 Bedrooml 2 Bath 1 Car Enclosed Garage Access Conceptual Unit Plans oecemeex>z,iaos U ~ ft i) lililllnllllunnlluunuil 30.75d55.U1 COLUMBUS SQUARE SENIOR VILLAGE TUSTIN, CALIFORNIA Lennar 1 Williat~n Lyon Homes 'l ~_ `;0' -- WILLIAM HEZMALHALCH 1 ar,~cHlr[Crs In1C. 1 d'.7 HFDH0.l AVtNUE SIJIf~ 2W SAMI'~1 NM1 CA 9P1(IS~SS78 9:9 ?5U i;oQi erre ~,vharchue~ls,~^am faw 719 250 I';y 51c eC7lWCgC~67YLWflO?J SU7[ 7PS i1-Ad~JOPi Cd9~:ffbi~Rfi 725 dG2 I7~ IaM 475 :C9 I7?/ WIC u u Bdrm 2 _' - 11'-10" x 10'-2" -Bath 2 ~ Patio Entry WIC Kitchen _ ~ Dining 1 r-2° x 12'_0" ' - ' M Bath - - o Patio _~ - Living M. Bdrm Office 13'-o"x 1a'-o" 12'-B' x 14'•2" ~ n Plan 5a 1485 S.F.. 2 Bedroom) 2 Bath 1 Car Enclosed Garage Access ''WIC ~i - Entry WIC M Bath L Kitchen ", --C ~, M. Bdrm Office 12'•B" x 14' 2" Plan 5b 1485 S.F. 2 Bedroom! 2 Bath 1 Car Enclosed GarageAccess Bdrm 2 11'-10' x 10'•2" ' ~ Patio Dining „'-2" x 12'-0" Living '! 13'-0" x 14'•0" --~ Conceptual Unit Plans WIC f __ 3ath 2 Entry MB ~_= M. Bdrm 12'-8" x 14' 2' 1 Kitchen Office Bdrm 2 11'-10" z 10' 2' -. ~ Patio I~_ ~- - Dining 11'-2" x 12'-0" 0 Patio 0 Living 13'-D" x 14'-0" '~)'INIi INII lh~ll l(/AI.\I I Lt r ~ nlt~ 'Ri 1T~, INI Plan 5c 1485 S.F. 2 Bedroom) 2 Bath 1 Car Enclosed Garage Access octFnmm:z:oos COLUMBUS SQUARE SENIOR VILLAGE ~``~~~ ~~ ~ ~~ ~~ WILLIAM HEZMALHALCH liuiniuliiniiinliiuiu~il TUSTIN, CALIFORNIA a, rt c H i r F c ~ s i N c. 'tBS,IHEUHIILAVFNVt $NrE!0~ GANfA ANdG1 ~77tl,46XR ~+9 26~ P6p7 ,vwawlwn;hde.fa,wn lax ?4g '~~0 l52B zrosass.~i 6i1~ ~CP.6YGFP.CaflrOWtOp6 SVIltil9S aflnA.~dG' C,l?:,~}i1% )JC~11tli1C ~ Wllllam Ly011 I~011'leS assana+~un hxOk54tl7irC5 o~rnnmvn+± aaas COLUMBUS SQUARE SENIOR VILLAGE ' ,~;~,~~~ _ _-- , ~ ' WILLIAM HEZMALHALCN 15 illnlnllluluuulnuulnl TUSTIN, CALIFORNIA ar,cHiT~cls INr :flSO NEOHIII nVENI~E Sl11fe 8Hl SANfh hN~lCh 71~C6~55:3 wa ~w ~o~ wxwwMimo¢dsmm I~r sas ~~a i~ 2WSnfSn i ptil BCWIIGE~ GV7YONgA~O $~li[ MS E0.N~AIdG; G37A3~i1E8 LC'~l1n~C ~ W1~~111T1 ~,y011 H0111eS ais~+aair~ i,~~ss,u3ins LANDSCAPEAREA CALCULATIONS SHRUB AREA: 85, 505 S. R. TURF-AREA: 3,515 S.F. „~~I:~~,~I~~I,~~.n,,~,l~~ ~~~,~~~L,. I~,~, ............... .u,. ~„w,.,,,~~., „~..., ~I,a~,,~„.~~,,:,~ - fi'-8"HIGH COMMUNITY PERIMfiER WAI I., TO MATCH COMMUNITY wAL1 rnnn! ran rrtun,vrrara ,n~¢n.u I la-, uni.i,~. nxn wTi, aei~ 'uu+r3ile3bL nr.u u~,.,aw.u..., unni nxv,lei Ivnana.u et:.rarl.ru.<,evt ul n„i, w~rcrcvuro w,nmm r.. nm u.u x,v..u, n~sn, w~n~w~,mr kr i NOTES i, SI7EPLAN IS FOR C(7Nf,EPTUAC PIIRPOSESONLY 1. CNIL ENGINEER TO VERIFYALL SETBACKS AND GRADINp INCpRM141T10N Il C'ONCEPTU~OL LANDSCAPE PLAN ~ OASE MFpRMAt10NPER CNIL ENGINEER oc~leex n, xroa ~~ o ap n au 2006)B7.W ^~, ~` !~ William Lyon Homes LENNAR 25 Enterprise, Stlite 300 Aliso Viejo, CA 92656 (949J 349-8000 WILLIAM LYON HOMES, lnc. 4490 Von Kerman Ave. Newporf Beach, CA 92660-2000 (949J 833-3600 COLUMBUS SQUARE SENIOR VILLAGE TUST]N. CALIFORNIA 80RiHWICR GUY BEiTENHAUSEN,INC. knl~kcnlw ArLl6.+.lllln I'lininilxl Ild.ni CP~i{Ili 22I2pq~nnl Dave, Slulr A • Irvine, Cnldnmtn.OZGI2 ~ ~ geR~d7C~8Glh i ~>d9~47t~~67U7 F ~ ~ C L1 Brick Shutt ComK Siding Woad a?'-o° Frtnmi ----------------- Rear 75'7` d ~ ~ Sion Stor ~~, ._ -Kitchen ~ ~ '+~ Meeting Stor. Rcam ~_ ~ ,~ GrealRoom TelffV~ .__ ~._ -,_.. Women wF Lobby f ~ ~ ~ ~ Men ~_~~ ^ Gffice L~ Breezeway a ~ Gate Clubhouse Floor Plan Left Conceptual Design Pool Building Structure Right ,~ ~ ~~, ~, COLUMBUS SQUARE SENIOR VILLAGE ' /~ ~Illlllllllllllllllhllllllll WILLIAM HEZMALFIALCH ~~ TUSTIN, CALIFORNIA A r,~ c H i r i c T s i N 4Y;SU REUN~Lt PVENUE SW G 8W "v1MA AN0.(;A 721U45SS3 9+9 Y~ 9E07 wxn.vharchiledsum hr M9 2~ 1S,'+9 twwssui eill~0.'~iNGE2CAVYdI NO.S]SUIfE9Si ~tl RalNVCaW~Ni'.B6 Lennl~r ~ W1~~18P11 L,yOCI HO[11C5 nett:a:irrao irr~asasait2s Front ~~~..,.. - T ~ ~~ ~ ~~ ~ I ~~ ~ I .. ~~ ~ ~~ ~~ ~ ~ I I ~ ~ I ~~ ~ I • ~~ - I ~~ 2-Space Carport 114 Scale r-~ ~ ~ Trellis --~ Rear Left Pool Recreation Building ~~>a~z..,~, u it m a Illllllllllllllllllllllllllllll acusass.ai Conceptual Design Carport Structure & Pool Recreation Building Brick Metal Comp Siding Waod ,,,,~~ .. COLUMBUS S UAR~, SENIOR VILLAGE ~~. ~~ WILLIAM HEZMALHALCH TUSTIN, CALIFORNIA A a c H i r E c r s i N c. 7flAl AEUHiLL AVENUE 901@'i0p SANTA ANAl~ 97i0.S~i:AY 9W 7S0 GFG7 uvnrrmarchlledt~am Iex Sd4 25S 1529 bi n PLi~>HUE9CW~rCA7Mp9 SN@d9f JxRR.IONCn31S8SSit'r Lennar I Wiliam Lyan Homes s?Aa~~~,n9 L~C925:51~~125 Right ui:1VlLl l,1~\111!/h1~1111~111 Il.ll(I IIIILI Iv.l~f Front M l i l 5'-0"HIGH WROUGHT IRON POOL FENCE U 2'•0" SO. X 5'•6"HIGH MASONRY PILASTER 03 5'-0"HIGH MASONRY WALL 4o BARBEQUE O PLANTER AREA, TYP. ® CONCRETE POOL DECK Wt SCORE PATTERN O7 METAL POOL ACCESS GATE © LOW MASONRY COURTYARD WALL O OPEN LAWN 10 ENHANCED CONCRETE COURTYARD PAVING 11 MASONRYSEAT WALL 12 WpOD SHADE STRUCTURE WI MASONRY PILASTERS 13 NATURAL COLOR CONCRETE WALK 14 ROSE GARDEN SWIMMING POOLISPA & CABANA RECREATION BUILDING & COURTYARD Recreation Area N47ES I, SITE PIANIS FCRCONGEPNAL PuRPD.SES ONLY ?. CIVIL ENGINEER 10VERIFYALL SETBACKS ANC GRACING fNFORMAT10N BASE INFORMATION PEA CIVIL ENGINEER oecFaleQC n,:oos ~~ 1 suaeaatuo a s to m r`~~~ ~t /~ ~~ ~'Ull ~IOll1e5 LENNAR 25 Enterprise, 5uile 3D0 Afisc Viejo, CA 92656 (949) 349.8000 WILLIAM LYON NOMES, Inc. 4490 Von Karman Ave. Newport Beach, CA 92660-2000 (949) 833-3fi00 COLUMBUS SQUARE SENIOR VILLAGE TUSTIN, CALIFORNIA 80RrHwiCK GUY BETTENHAUSFN,INC, Wndxop: Pochil.^cturc I'Mn~y tliban D:agn 221! C1~grnn Ui~e, scan b • Ini~ Q~18Mnin .72~I2 r • ~ nnv Ago Bnir~ r o.,v .nn amp r • c L2 02CEWIRER 22,2W5 201RJ5lLI Rear Left Finial Decorative Metal Entry Gate Brick Bay Wlntlow 5lucco Metal Chimney Cap Fypon Millwork Conceptual Elevations a B is z4 COLUMBUS SQUARE SENIOR VILLAGE I I I I I I I I I I I I TU5TIN, CALIFORNIA Lennar /William Lyon Homes Right Front Metal Screen Behind Decorative Wood Design Composition Roof Wood Fascia Siding Decorative Metal Railing Wood Trim '^~, WILLIAM HEZMALHALCH ARCHIIECIS INC. 2857 REONILLA4ENU8 SINk 2fU 5AN1AAlIALA 72A555i7 9+8 2~7 p687 awx weak88eAS..an k~ 9A9 ?58 Iv29 Hilt BCUNGEIitA'lYON 80th SUIkd9i 8dN dUb7fl CA4ia'.S1Po 81!. aB;I itpp Ltiv 92S d6a 1225 16 .; ,. ~. 1 ~ o .~. r+» ~'~'1i r~~+, y { ~ 4 ~ ~1 ' ~~ ~ rr, :~ ~` °ri~~ ~ ~'~' f HV i e ~ -- -_ _ . _ 11 ' q r ki ~ ~ ~ i f ~~ I. ~ i ,x ~ l i ,r. a ~, .~ ! ,. \ ~ i~ a y! {~" ; , M M 1 5 i~ - ~.l ~ (f ~~r~+4y~ ~~ ~.. ~'~~ t t 1 ~~ ~ ~ ISM It`\ .~ r r i, W ~1M ~.~~ ~ ~~~ ~I~II ~~ ~ ~®~ ~ ~~° ~~ ~' ~ ire _... ~ ~ ,.~ .~ ,~ ~~_~..~- +~ ~ ~ L!~,i11~ ~~ ~ f i~'~~ ~_... .,:.:.~... 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W ~OQQp~W y O ~Q NnQ> Q 2U>OKIi. pLL~. ~.I-OQ~pNI~~ U m°~m~~° ism p~ w on~j W wo°o3~' $~ Kip" F- ~ z w F- gg W ~aOw3n yUo w~o~oW~ww~ U _3U~~°i ~~vi'd NvZZW~~~ ww°g 0 ~o~ ~F~ °ww~~~~ QO ~- > o ~ N p yK~OQ2 ~U w°~'-~ w m M aw ° ~~ ~. ~ W O~~~w~ ~ aX i H-N~02~?WS a~ W~ 1 ~o 0w. (Y~7~W ~ Y ail ~W6¢j ~0`Q[[ N }~O U g a Z U ~~~~~ KOW=~~ ~ N W,~Z~~\qq O H yaw~z~a ~ Z o ~' ~w ~ W w ~?w~~ D $ ~ww~= B J ~ t=-~N; O~i Z DU Y p ~ omXww o Z~w Q ~ ~/VNW m ~ ~\ ~K~v O. 7 ~f1~7 w w N1 '~'' J~ z ~~ z~Z~~~~ ~ ~~ U O O_~~W 3 V1Z ~7 r~ ~~ (~'~. W ~!1 3~ SHEET 4 OF 18 (ALL ~ TENTATIVE TRACT N0. 16581) NUMBER OF LOTS: NUMBERED: 383 LETTERED: 192 AREA ~ 105.471 ACRES GROSS AREA m 72.7 ACRES NET DATE ~ SURVEY: FEB. 14, 2005 esaeusxW er 24IERSDCIION, ACCCEPiIED AS 7NE N'LY CDR. LOT SJ, alK 10 nVBE SUBOM9DN M,R,y, 1/e8. i~ ~ EDINGER I .._ AVENUE ~ auasuavzu, ~ Fa BRASS NA9. Alq WA9lER ~ ooNC, sD4~vW 'ts b~1; R4 1831 OF 9PEfE AIID WA91Fn PER PAtB. 84/x, A1D PEA ~ aaRNEn RECORD ymol-ebo, ~ `~6„ ~ o" 8 OP 93n W ~ ~ I N~ PER P.M,B. B4 SEARt7iED f~fND NOD8110. W ~ ~$ ~~ Q ~1ni4 l J _r SANTA FE 10 A+ DRIVE ~ "a ~ ~I ~ s GPS Na es2e g ~ ~~ ~ A~~p~n TRACT NQ. 16581 sTA~~,y, ~µ. ~ P~ PER IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA Pate. e4/39, itUlt MICI~AEL SIMON, P.LS. 8034 TAIT dt ASSOgATES, INC. GATE OF SURVEY: FEBRUARY 14, 2005 F0. SPA1E, ND T ACCFPIW A9 ~ ~~' 284-330 AND 332-361 Rk11191E R1R f~WOY1MIA1 PURPOSES txATroN oP a wASNER TAecm ~, A.T. 8 S.F. RAILROAD RNV aT RS.B. $$ / 27-$3 v slave' Pen Pxe. u/39. DN ar. ~ p~7 ~,y ~ EDINGER AVENUE(F~LY MauLTa+ PRNWfj~~ 2 SEE BO.OW ~ ~. I-H-B PER R1~ ESFA~SFIW 104.00' NE'LY FROM C/L Q ED9JCQt AVEFRIE FfR R3. 130275 R3at1 r .~ _ _ b~4B,24'1SL~4 _ , ~ .~~ YP~t1 ` -- - N9~t 132279' R4 .,w _.. .. ... _ _ -II293rf.94' R1daA _ r~roSoTw 1os76.e0' o1~ND 10678.67 0Po0 ~~~~. 87 P,ws u/~ BLOCK ~O DN AMOI! fAOM 6~~90UiFM' ~Y 181E I ~.~il.8, ~~13g ~' f0. AND.WA9NER PER P~M,e. N/J9, FLU91t . N4B'19'63'W 84.58'R2AM"~ ' N~21'25'W 132289' 13226Q'RJ 131271R4'^~ 874.71R34M 874.72A4 387.g~p ~ 387.9TR3 6 E P ER P,Y.9, 84 ~ AT RECORD ANQLE FROM 7HE b~38'OS'52' Ld CENIFf81NE OF RW HILL AYEl81E PER n4 R-280.01A•281.o17 Lv.151.81Yl2! -: ~ ~.~~,.Pn~ I ` -- L 'i I ' ~~~ i ~ i ~: ~ ~ i~ ` , / t pq ,/ / _ ~ ~ /~ ,,i \; ~' ~,~f ~~ ~~ ~~. ;,~' ,%'~' ~~~~ ,-'~~A; 1" I.P. 91EIDE N0. RER ACCEPTED AS ME'9'LY to ~ ' '~} , r ~ MRM. 1 8e. i ~ ' ~O 43~6'R2 0 ~ 0 ~ ~-• 78 !. nrob'zt• ~ RE~o ~ ~ ~ ORANGE coos'' suave>v~s oma ~ ~ ~ ~' ~ Pam ~NiV ice DAN 1S I ~ `% ~~~ , . , ACCePTe) AS CD41ER181E y b08'J514` Rt8d1 r NVENIK ANDAND 1NLEiICL1 AYBNItE L~13649' CONTROL LQE'A' 88L E'STiV81SIiW F'EA R1 8p' ~' ter' ~~~"VALENCIA N43.49'S31Y SEE 9URYE10R'8 L~ "1400~a+ i /at77' R1aM NOTE Na 2 + AVENUE sbea~Ri~- N49'18'b{'W ~$ 'P b4530'01 ~•~'3a'14`Ri j~~ g „ l•134.40' L-134A9'Rt MONUMENT NOTES: BOUNDARY CONTROL MAP ~ WRFBN 90 lNYS AFTERTHE ACCEFGNCE - R8'ROVEMENI9 -~- 9+DICATES FouNO acs HoR¢oNru coNtnol. srAnoN BASIS OF BEARINGS:. AS NOTED HEREON. BEAR910S HEREON ARE &ASED ON THE 861RRQ;S BEIWE}71 -0-~9DMME9 FOUND MONUMENT AS.NOTW HEREON ~ O.CS. HORQOMAI CONTR0. STATNNI OPS N0: 6527R1 AID -~- INOMATES SEARCHED, FOlBD NOTFNNO SET NOTHING 5fA110N ~ x673 BERD NORRi 51'03'07' WEST PFA RECORDS , . ON FEE 81 1HE OFFlCE OF THE ORANGE COUNTY SURVEYOR. ~ r ~' "~ D ~''`~' ~~ °R IFI~D !TACK TAGGED 'P,L.S 8034' OR DATUM STATEMENT: . ~ GEAR SPBtE # WASHERTAaGED.7.LS 8D34', ~ ALLBWN[WEP CORNERS COOAW181TE9SH08T1 HEREpi AREBASW ON 1HE - CAUFOWIEI COORpNAIE SYSTEM (CC583 20NE Vt A 1' I.P. TAGGED 'PU.S. 8034" OR LEAD d; TACK. ' 1983 NM, (1991:J6 EPOCH OAS. DISTANCES SHOWN ARE f~IIND UNLESS ~ TAGfY91] PA.S. 8034' WILL ~ SET AT ALL flFAR LOT - CORNERS, UNLESS ODiERWISE SHOWN. ' OTHERWISE NOTED. TO OBp81 ORD DLCFANCES MULTIPLY GROUND DIStANCF3 BY 0.99997799 ' A LEAD d TACK TAAQED 'PJS 8034' WLL BE SEf ON Tiff ~' of aye a ~ ~' FRaNr ~ A PRaD OWNERSHIP NOTE: OF THE SIDEIOT 1985. THE OFFSET 6 11.75 UNLESS, OTHERWI~ SHOWN.: THE UNRW STATES OF AMEPoCA AS CUSiDDUI OMNER. SET SPMEd; WASHER TAGGW 'P,LS. 8034' ~ FLUSH, AT ALL CENDEfBJNE POSITS OF CONTR01. '~. UPON COMPLETRIN Cf 1NE CURAENi REIAWNTDN WORK OUIRGAIY ~"~~. AND ORERE515 94 AREiil9 DESIGNATED MEREWI AS 1RP-13S', IRP-13N", BLOCK ~0 ~, L.„8 3m' TO ANBFETMEADOWS PARTNERS, LLC, f i ~-" 600J5 -;Tres of e i~ ~ ~~ i ~~ ~ ~_ .u L~_~~~~ i~~ ;~ 0 300' soar s00' 12ao' scALE. r -Sao' z _ 45 _ _ ~ - - - - - N4 ~_ B'20'4S~Y 2475.30'R1dN - ~ 1 ~ _ r iD. i' tP, SfM~PED - '-' OPS N0, 8673 PEA A 'ls b411', NO Rff, ~~°c~ colmm~xrrEYOR's ~ ~ ~yq ~ arc a USIE~ N 220.1166.1 ~ ~~- T9E 762 FLUSH. ACCEPIW ~ - E 8090276.001 g~ 1'Y! R 14tbA4~ / 9i~81S p81t ~ A4 BC OF Cl61YE, L°~~ 27 DN, i.i' 1AN , °° ~ar IPJ ro x cam X80. NACIf 82 PE' 7t RS8 m~ Zrn 70 E ~~ ~ a BLOCK 46 , .,~ CONTROL IJNE 'E' 1 O ESTABUSHW PER RI ~ ~ ~ ~ ~ PARCEIS IDENiIFlED HEREON AS 6tP-13S e (LOT 17AND lOT 13 AND i~-13W (LOT 14 AND LOT 15) ARE CURRENTLY OYttJFD ' 6 11'41 02' R•1400.04, BY TI1E UNRFD STATES OF AMERICA PENDING L-2A6A0' REGULATORY CLOSURE AND ARE SCHEIXILED - R1314-' -- TO ~ CONVEYED TO LENN4R, MDFFETT ~' 1 "E MEADOWS PMtTNIRS, LTC. AND THEIR J . N4C3W1b'E . SUCCESSORS AND ASSIGNS, AT WH1CH TOTE 278 34' R1aal . TI#~ PARCELS WILL BECOME PART OF THLS ~ROPOSED DEVELOPMENT ~~''~~` ~ ~~ N ~ ~pIO~ROAD -~- ~ PP°°ER ~~. ~~ORT i~. ~E ..R1 ~ '~~G~P N~D1E ND. 2 1 ~Y~~3~ aorir30'R2 3 t11p149.7Y1r149.73'R2 76 ~"~ ~;~ BLOCK 48 ~tv.orl7~'aoziT3o`R1 DEDICATION 8 EASEMENTNOTES: R.3759. L•160,38' L•150.37'R2 ~ FUNS QI81C1,A81 DWN.'ATDN TO THE CITY OF TUSTIN Ra BEE TmF, AT rw easT, Lars z u AHD ze ® A RESERVAION FOR FURIRE EASENOTf TO THE IN7EIEOIWIFR3 ASSOCUTDN FOR LANCSCAPE PURPOSES AND sECet10An1' ccMwDErr ENTRt, AN EA3E3EI4T 10 R1AIE RANCH WATER OISTRICF FOR SEBFn, WATER AND RECWIF.D WATER PURPOSES, SIDWi1 . .RECORD DATA REFERENCES: ® fAI1DS6WIN0'IID~MASIf~EH4N~CE PURPOSES. R1 PRIIgTE3 RECORD CATA PER 9t51RUMENf N0. ®AN eASDIENT TO THE ClIY OF TUSON FOR 5'IOFUL EQUIPMENT AND MAINTEkANCEPURPOSES 20020404598 RECCPDFD.MAY 14, 2002 O.R . - R2 BJDICAIE9 RECORD DATA PER 815TRUtENF N0. ®A RESERVA710N FOR A FUNRE'SWDE EASEMENT TO TILE FOR 91CRESS AiD EGRESS FOR 2003000193522 RECORDED MARCH 11. 2003 OR ~ AIX R3 N~CATE9 RECORp DAtA PER RECORD OFSURVEY ® 'w EASEMQIf TO THE CRY OF lUSI91 TOR PUBLR: USE, 18S/31-39. PEDESTRA81 ACCESS AND 9iCRE5g AID EGRESS OVER L019 284, 293, 331, LOTS. AN AID AN, LOTS E,. F, 0. P, R, S, T, R4 1NOICATES RECORD MTA PERPARCEt MAP 84/39.. U /ID 7L ... ® PORt10NS of sEVETrrtas ROAD, wtE140YA NORTH 100P AND WE9f CONIEtINt, AS DEDIfATW HEREON SURVEYOR'S NOTE: . t. THE CURVE SHOWN H~pN WITH A RACIUSOF 250A1' ALONG CONTROL L81E.'D" D3 D81•'ERENF FR0111HE ~W - PER R2 BECAUSE OF AH ERROR N SID DEW OESCPoBED AS BEBD R•2b1A1'. 2 A DRICQ4f SEARCH FINi SET MONLOff!(IS WAS PFRFORAIED ALONG THE CENTERl91E3 OF VALENCIA. NORTH LOOP ROA0. WEST' COI1IECfOR h SEVETt1N$ ROAD. NOTE WERE FOlBD. - CENIERL88S WERE E57A&15HE0 PER R1 8: R2 ~ . 3. 718E E'lY R ,U'NT-OF-WAY CF SEi~ERMB RDAp iWIS EyTAEUSHED BY OFFSEFTBD THE CENIEf681E aF SEYERYNS ROAR 30.00 FFEf E'lY FER R2, THEN ESTABUSHW S'LY E.C. OF SAID CURVE ID7'15 PEER R2 AS SFDWII HERDON.R~ ~~ ~ ' UNE DATA. ~ ~~ N0. _ BEARING . _DSU88;E L7 H49'2045'W" 1~.8W.108.00'R2 L2 N8S29'b8'Yl 38,~R28M LS . -N49'20'451M BO.OOR2&N L4 LS L8 N36'113 N49'20'4S NBB 31 38,86'R28:M 80. ~ 38 38.18 U NSC4 30.35. 30,34 L8 N41'1109 77.41 R18tf (T-- _ 2 N49'1o'4s'w 132275' R3RM 109.86' R3AM 7'~ - 1322:79' R4 _ N49'10'4S'W11.15 11.17 R1,R3 N473q'39'E N49'zo'491Y 3'/.6~' RR~1 10Aao R38;M R38i4 37.80 R4 N49'20'4s'W 2933.94R1d~M- 1 ' s S oo e ~- -"" _ se' e 3ad i /. • ` N48'20'451Y ze33.94'Ri8A1- FD. SPBfE, NO TAO, N40'3539'E 8,00' 6.84'R3 AaaEPfED A9 R49'~'4i ~ 1780.J0'R26f1 g ~ ~~ N4V38'39'E r~ 'lS 3248' PER 80.ib' CALC ~~R ' ~ FD, Y IA. TAGCW 59.99 R3 $ ~ P.MU3. 84/39. !~ ~ Off'. ~ - ~ 1.S 3248' PER P1M.B. ~~, DETAIL "B" ~~~ ^~ DN. 1.T: SMLY COR I ,. N,T.S. I ,~ PARCEL I-H-17. _ CURVE MTA ...~ DELTA RADIU8 tENO1H c -ozi7'z9' R-3143. L.149.rYRZau C2 G m02'1 29 R-3759. L•180.38 Ir~130.35'R2 CS G-14C913 R•4200 tr10.38'R2ddA C4 O -14091 R-89.00. L=14.33'R2dd~! c5 0 -ta' R~15&18 1-28.14'RZBN C8, D -13 34 R-143.00 L-33. R2fdV C7 ~-02'1 49 Re~1348A4' La54.83'R23M C8 3 .. R•58. L-8.28'R24Ud C9 p.DT1 19 R-42. ~L®5.28R2kM C10 ' p-30'OD'42 R•1400.04 L•733.34 R1,R2AM Ctt p. 42. 8-1448.04. 1.767.44 Rt,P?>dl C12 A=0T5011' 1 R.1448.D4' R-1448.04'R2~ L•197.78' 1'197.79'82 C14 p-TP1031 Gr271 29 R•iM8.04' R~1448.04'R2 L.558. "L~S59.88'R2 FYI ,., ~` M ~~~ SHEET 5 OF 18 (ALL OF TENTATIVE TRACT N0. 18581) ~~ A ~~ NUMBER GF LOTS: H O. 16581 NUMBERED: 383 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA LETTERED: 192 AREA = 105.471 ACRES GROSS MICHAEL SIMON, P.LS. 8034 TAIT dt ASSOCIATES, INC. AREA ~ 72.7 ACRES NET DATE OF SURVEY: FEBRUARY 14, 2005 DATE OF SURVEY: FEB. 14, 2005 LOTS 265-292, 294-330 AND 332-381 INCLUSIVE FOR CONDOMINIUM PURPOSES t~ C~ ~~ ~l Ot I ~~ ~ A.T. & S.F. RAILROAD RNV _ ~ EDINGER AVENUE I -~ - - -~~ - - - - - - I ---- -- I I I ~1__1 ~_~=== I ----- ~ _ . _._,.. _ _. I t i I I _ ~a~ - ~ I I ~ ~-IEET 12 ~ I ( wnY _ g ~ I, I I ~-- ~ ~-_______.,._.~ ~ I .... ~ i - ~. ~ t 1 ~ ~ I I ,J ~' I o I ~ _ ~~, o ~~ I _. _ _ ~ 9EE ~-1E 14 ~ ~ i _ ~ I ` / , ~ WAY WAY } t ~ - - - I I .n I ~ i r WAY l +_____.!-'1~~ ~ ~ ----- __ _ ~_ --- I - _ -, s ~ _ -- -- --- -------------~-1----------- 1'~0~~ ~ ~ r%~ r RAN` ~bOP ROAD I ,~ L ~ ~ ~ '~ ._ ...i ~a~~p , ~- o -~-----------_-_ ~. ,- P 2 ~ ~ .- ~,~ ~~ ~,i' J P ~' ~ ~,~~ ~, ~ - INDEX M~4P - u ~; ~, ~, ~,~ ,,~ sCALE 1" ~ 200' scb.E: r . zar ,~' ~. ~/^, ~Q 1-~- t`r q"rl .ta SHEET 6 OF 18 T (ALL OF TENTATIVE TRACT N0. 18581) RACT N 0. ~ 6581 NUMBER OF LOTS: NUMBERED: 383 2 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA LETTERED: 192 ~,~~ ~~'~' lp~, MICHAEL SIMON, P.LS. 6034 TAIT do ASSOCIATES, INC. AREA = 105.471 ACRES GROSS AREA = 727 ACRES NET ~+~~ ~ WTq ~q DATE OF SURVEY: FEBRUARY 14, 2005 6 q~~h DATE OF SURVEY: FEB 14, 2005 ~`:~ ,~, a oR,y1U 265-292, 294-330 AND 332-381 INCLUSIVE 6°Y '~°'S ~ °N ~~~' b FOR CONDOMINIUM PURPOSES ~oraas "Y ro, ~a a i/~~ fa ~ ~ ~~ ~ ~ c ^~ 9 ~'~r' ~ i ~ ~' N t°'Qrq~~rly ~ ~ 0,~0 4'/ 1~i4 ,~ ~,.~ 8 ~, ~ 155 ~` .Q~ / F ~' ~' aHtg7r err ~a ~~ ~"~~ g~ / ~ ~~'~~''~ ~~ ~' 00' 156 StiF `~s ~' ~ ~ x.,$170, / FT et~i ~,~~~, k~~r``~o}d." ,~1~w ~t~ ~°r~,r;~s„'~•~j 169 so• j~7' ~~~,, ~<. ~~ ~ / `~`~Fo ~^'Y 6 ~"~~ ~ r~~~ 168 ~°0' / 158 v~r vv SEE SHEET 4 Fat MONUMENT NOTES, RECORD DATA REFERENCES, SURVEYOR'S NOTE, BASIS OF BEARINGS, DATUM SiA1EMENT & OWNERSHIP NOTE, DEDICATION AND EASEMENT NOTES 0 50 100 750 200 1 i 1 ~ ~: r-5o' c;~ ra>~ ~ rae~ aat~c oEGra Raaus ~NC1N uNe eea~NC ~ ~ i9~r1r fa e.14 w L4 ~ , ~ c4 _ ' " CS ~as'na• uromY rnxn ~ ~' ~ N ~ ~~ / ~'r"'bt'" ~k R~'a /~ t~~zj~~' ~ ~°~~ N~~ ,~ ~ `~ ss. / 159 of '~' „~, ~@ ^~' gym. ro '~` ,~, ~ <,g 167 ~ °° / ~ 5 ~""~ M ~4 r y*aqr ~ 3b' ~.~° °c~ ~` ~r 166 ~00' 160 $ / a ' ~ s,"1r `"~ ,~, ~r~ r 255 ~ atg~ ~' / t2O R ss~ w9' j61 `~ ;, . 4 / , ,~,~'+~st~a d'' ~ ~, ~~~ 165 % .~, /8 a cee c `~"g q `r`: 256 .c,. d: 'r~' . ro`~ r~ .,p tp' ~%yo ~ S~ ctoe ~.'~, / d 254 1 ~°R ~S q• hro'`g?a~1y ~S ~ `.a~ ,~, ~` ctm S'et ~• ~ ' ~,• r ~ro ,, "~ /~ \ eoM s>~, 164 }~' 162 ~~~; r ~~ay. ~ S,y~~ cn ~ No~' 3 ~ ~QQO ~ ~~ p ~~• ~ 15, ~sz ~' r 70' ~ ~ ©~ ? ~ ~~ ~ ~ 257.. °~ r~:~oo, boa ~ p^' .roB°~r'~` " JIB 132. ~ ~ '~ ~~~ h eP ~°.~~'~ 253 ~ N / ,?' M~" "to 09 ~0' C ~ N 163 `~'~ ~,1" ~'a ~BOyo~ 9~' 3 ~ ~F S, Q~~ Q- 0 ~ 9Q~ ?s ~0,. ~. ~,~ ~ '9xo. ro ~ r, , ~ .r" ~~ ~ ~ ~R Il y .~'" ~ ~~ ~, ~`,, ~; ~,,s, ~„, ~~ ~ ~~ ~ °~ Z / EFT. . ~`,~'~ 2 ~ ~ ~~' ~ ~~. ' ate 175 % . ~r <oTr ~' ~'sk ~8 Sri d3 131 L'~ ~ 122 8 ~S~d9d` ~~. / rGj dt ~~ 258 s ~ ~~ ~~ ~o¢s1r / tzs, c},,~? ~ " ~~ '~0~ N ,~~ r~~ N ~ ~~ ar ~ r~, 252 ~ ~ ~ ~~"v~ ; ~se:~~u "y~ a~Z~?~,8;~s ~~~ ~~ 1 ~ ~'~ / ~~~~ boo' '~ ~+ / 174. ro 176 ~ M~~ • 3 ~~. +so;'4,y,,,~ s• ~d~` 8 ~ r `he~~~so az " d • ,~ ~ `~sr~ ~,~R~ ~ ~ I ~ao' ~l " ! ~ . ~~ ~' ro~ 'tx~ ~r~o, ~ / ~ Boa' 259 ,~v ~/ ~ r• o ?r a'~ ,s$,'~~a> ~ " ~~r ~3 ~'~ 130 ry~o " " 123 ~ "~~ /. '94 00' 15.39 ro 69 ~ ,e~l' ~ ~" ~~y, N65'35' a S~~ / rasa 251 ~'i ~ ~ e~io .Z`~ ~' oo• ~ ~ ~ ta~,~ss, ~ ~ tiea•~n. ,g~'S ' o~ ~\ rre~~~e~,\ $~'r.l .a\'~R ? of ~ _ ~ ~ ;~P'~~"4 ~ 173 w^~' ~ 177 / ~ ^~ • ~°° "'o o• ~ ~ ~ 129 -0. ti~ ~~,, ~6~?o'~9~R2 ~ "~~ ~D' sq ' 260 r"° ra'/v~' ,~ r c a .~ <oT e. °5 ~ Nr3ro9aa ~ 1~~4 ~ ~• ~ .- 8 / oo, r ,~ sq~, y _ a°~ o~, r8'~ ~ . g~ ___'_-~?~ 0 1 Y 3 ~ ~t;$~ ~~'~~ ~, '~' a 250 h'~i ~ ~' ~q~, Tr 364 k ,, w~3roro9~xsR,~ ,a?a~2_,~'~.~ ~' ~''~r`!A'~ ~ ;1 0 ° $ a N74'45'15"N'~L i ~;~.~~ELR1 ~ + ti ~°'~?~' ~' ° ~'1r ~ ?78 ~4~ / v © Ni921~2~w'a5.49 '~ zotoDDa ~ iry ~" ~ ~~ n" ~' '~~ y zeas• ~Q- 172 a .• ° 8 sQ '~ ~ ~ rooc ~~ ~1 ~,(' ~'~d~tf8 ~` ~ 2 / ~~ H Nt ~Q"""' a4' ~' r ~ ~.Sa _ ^~'~°il~j.~ ~' "r r ~~'~' r. s oo. ~ ~'° 363 b I ~ S ~ _~ s~ '~ ~ ~'~ /~' d~ ~ ~r^M~ `?~, 04 si,~, s+B~ oa ~a1"~"A. ~' ~ a ROB ~°~ $ 3a1 ° ~ ~ ~ ~/ . b~ `~~ ° 8 n ~ ~J /, 0 ro ~ ~• ~~ o~ ~ N Lor Fs .. - _2 O ~ ( ~$~~~` ~~ 249 °~,~ 1r n 179 *a ~, ~ .~ ~ ^~ ' $ ' 4s.o 4s 95 ssa3 1 =--~ r ~ ~• ~ H <0 ^ / ~+. Q V.' 7• Z ~ al. w N I N792127"W 4311' ~~ 5 ,~. to $ ~~, ~ O ZI R..- r~36"se"~I1 JEFFER cis ~ro ro ~" , ~~. Bs2, Tom;- a 262 ~~ ~ $ WAY 4^i a) ~- ~~ '~r• o ~ a~at ~26 I- ~ • w W a'oo Z W s '~ ~ "w 4 • R,,,~~04• ~' • ~ ,~, 171 ~ hoar ~' '~' / o' ~ a'a13 acR3es O ~ ~ o ~~ ~ „ ' ~ O ~~''hii d~ ~°,,~, „~~.rrrs9' r,. h~~ ~ r4~ 180 .~ :362 RRIVATEPAR WZ. ~j~. wQ = a 227 ~ 126 ~°~'.., q ~. ''~ .I- lU ae m tore, ~; r# rob%ry n°' ~' ~ ~ PRNATEUSE 8E R o a o ~ ° ii Q m1? R~ ~O~ ,(y~~ ! ~yg.t 'OM l arr.': 2yyv° ~ ~°0~8'33'E. OTCCJ. Ni038'33"E o'~ ^°tP ~r Ni035'33'E N~~~O ~ 128 z z ti o~ ~ ZW'I^ ~. +' ~~ .I ~ r••~~ee'30+~• r~s~l ~t~,. ~. 4`y ~ N792P2'j'W N 9'21'2'r'W 5.00 ~ b yi ~j ~'H S.OP 10o w ~ b 12$ ~ z ° v! n ;~~ ~ ~3r1 ~ ..,^,:. ~.~,~ ~ ~3J ,r N~e'~'2rW N7 'xrvr 'z~~ y~ _" J 3 RQ h- ~'ep ?e l"14g,Y8' k ~~ ~r K Nt~. 39.43' ~dr 53.00' OG 45:98' S~i.3~ar V ~ W '~A~ &~~ ",~ .~rt ~'s3. s ~ ~, i ~ ~ Nr9-n'mv m.a3' ~`' , •~ N79'21~27"W 154.12" --- 61 ~~M t '~ R ~'~~ rr ~ ~~~ ~' s.9r ~ ~ ~ N7o~ ~ ~ corca. i ~~ ~ Ng9zi'xrw zos.oo' ~ I ~I Z ~ ~~ ~ ,+~I y Toro ~~ ~ rr % _ ~+.4a'_ c zni rf n,aT _ z+. _~+e_' -J._ _ xea T ie4.~ - ~_ _' 13aoo' soon ! _ _ x~.oo' _ ` - ~- ~' `-~ i c $ ' CHARLESTON STREET i i ~ ,i 3a°a'-- $ ~ r, _ N7871'2TM 123&31'-- ROAD I Zl{~ ~ -1' _ LOT E ,_1~0r ~ I Dr DDP ' 1 I ~ ~ ~°~c~`l25 ~ 226 ~ 227 I 228 I 22b1 ~ `23d 231 232 ~ 233. '` 23~ ~ -_ ~ _-- 1gj T 1.82 183 T 18~{ I 185 188 ~ 187 SEEI SHEEII' 8~ I ~ I I I I I M ~ ~ q, SHEET 7 OF 18 (ALL DF g.._. TENTATIVE TRACT N0. ,8581, NUMBER OF LOT'S o T ~~T N O 16 ~ ~ 1 - NUMBERED: 383 . IN T sD too tsD 200 LETIERED• 192 HE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA ~ AREA = 105.471 ACRES GROSS MICHAEL SIMON, P.LS. 8034 TAIT do ASSOCIATES, WC. SCALE7 t'= 50' AREA = 7Z.7 ACRES NET .~~, DATE OF SURVEY: FEBRUARY 14, 2005 ~ DATE OF SURVEY: FEB 14, 2005 '~~' R3mL 1327,79' R4 - _ _ - ~~ ~-~ ~-~ A~ a~2-3st ~pu~ Fat oor~ Pure ~ A.T. & S.F. RAILROAD R/W ~ESTA8~1E0 104.00' NE1.Y FROb C/I.OF L7)INf'FJt AVENUE PER R3.- ~ SEE SHEET 4 FOR MONUMENT NOTES, _ _ _ _ _ _ r RECORD DATA REFERENCES, SURVEYOR'S NOTE, ~ BASIS OF BEARINGS, DATUM STATEMENT & OWNERSHIP NOTE, DEDICATION AND EASEMENT NOTES - w4am'~"W g 11 17 7tI R3 ~ ~ n c a , ~. EDINGER AVENUE . , N49'274S1Y 540934' R1.R3#b--~ ~ . FU. ~a(E, NO TAC, 3T3Y ~ 40~8'39'E 588' R3 N49R745"W. 2933.94' RifAl _.. - _ _ _ - - - - - - k WASHER 37 ~ tAGCEO 'LS 3248' PER P.M.& 8{/39. DN 0.3'. 80., "~ ~ g'~ P0 , Y ' 89.9Y R3 w $ px3 , ~ . TAGOED ~ 5248 PER PAI.B. 84/38, ON. 1.7; SWLY COR PARCH. I-11-17 PEk Rt b a-- - - '0-- - - ~-- " - /NELY LIfS OF 1-+I-17 PER RI py N ~ "J'Q=~'~'~~ P h / ~ ~' ~ gd `M.5' N4 0'45 tam ~ ' ' _ ±9~ +6 __•_ _ a GI __./ LI - V 3>=-_ ~ ~ ~ 4 -g gC ~ N49'2 1780 . ~--~- -a--a-• ~-. z,. , . RZddlt-- N04 11 57_i't~?!'CC a ~ ~ ~ 3S'Lg'~4:E(Cgr,LLOTeAC N49R0'45'M 1780 14' - ' LOTAAD WAVERIY ' ' ' ' 1so ' ' ° 38.00 ~ . . --- 75.01'. N§37H'27~P 45 NHARTFORD CIRCLE ~ u oa' 27•x' CIRC 74.39' LE _ ~~ QR). , N49 ~ 45 w 29.99' !~ N492a 45 W1;R) SOSOO'' 21 o n ~ ' U .. N28'43'S8'W(NtC~ ,,.-I-~-a _E..$~.p' " $----- ,,; ~ "''~ lDT DO...._~' 4 C ~~ 0 c w ~ FSI '~ a $ ~ w ~ 047 p. N49'20'45 N4921'27'41 ~ 7- ,Rip 22 $ ~. 0 w 7&~' ~ ~ O ~ w N49'2745"W~. m 20 u nay g 23 75,00'.. H ~ ~ s'3, ' N '3Y9gv~,, a $I N49R1'21'W zr ~• $ epa°h0. .~~"?~~ 79. N ~° TRf ~~ llt~ TABLE urn 77EA711N0 LEN077{ L17 L78 L19 l20 lZl L23 l24 r~r •: 19 p oc3o 029 OGLETFIt~PE m $z 8a~ ~ WAY M ^ 94 I°• 81 C N 20'45'W~ 24. ~ .f 4 UI .f 40. f 40. M 40. f ' 28. 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N p .57 - I ~ n 55.Or 57L07 N49R0'45'W 391.02' p Z ~ C ~ . N4921'21'W Q ~ 97.Or 55.00' 55.90' 59.00' ,~ q ~ ~ ~ irl~~, I z 59.ar ~ #,v ~ sa97 s5.07 ss.ar 55.0.7 s7. s7.o7 $ ~ 145 ~ ~I ° ~ 135 ~ 1119 7. ~ aid 15 r:. O U I.; ~ ~ ~ w Nif'2746'W Z °I 1' b ~ ~ N49'21'21"W ') abC+ Q $ tr . n ~ ~ ,{~ N49'21'21'W - a ~ "' ~ 770.07 ~ Z y 153 152 ~ g 151. • $ 15 ' $ • $ n $ $ 89.971' w ~ ~ ~. LL - - ~ ~ ~~ Q~ 4 g$ gg ~~ D ~3 149 $ 148 3~ 147 $ ~ ¢ I N ~• la ~ < $ ~ 14 ~ 4 ~9'~,'2,'w Z z ' $ 146 S$ ~ ~ ~`S 134 ~S J 120 7e z N49'21'21'W - ~ 12.30' - ,~p~ zuS _ ,~,~ ~b~ zl 80.90'.. ~ 7A~ I. ~.j.;Jg, - 55.00' 57. N SStl.~•W 3 1~'~ ~i 5 N5028'__ Rg~ - _ 13 ~~ ~ $ KALLINS STREET N4920'45~N' 489.ar 7e. ,tr w~ 1•v'i " 9~as~ ~~ 9~ N49'21'21'W ~z ~ +aoq _ LOT C _ N49zo'~ 77 R corccc . 5 ~~ ~Vl59~]~'x1R1 ~'~~ ~ 121 ~ ~}~ ( 80.90' ~ 43.01' -~- - - - 483.48' 4±,15' ~ ~ 133 ~w g ~ ~ 12 M ~ ~ $ N49R0'45'W ,53.,g $ corcc ~ ~~~ S S ~~, S A'b ~ Q r~ I~~ ~~ I N 80.00' z i ~jtr 20.a5'~, ~ar 55.07 ,55.00' SS00' SS.ad 83.OD' , g5g5~~{~ ~4~' ~~~$-. A 90.50 RN• ~ ti.7~~'" 412~~ 3~ I 11 30' 37 .oa~.27•p w ~ w w $ N49'20'~'W ~ 1~ K . ~ ~ ~ r 4 Z 132 T„~ r r N49R7'21•W a ml . 5 w r$ 'mow a n to N $~ 1S1 ~~~p v ~1 rc ,°r 1 j~~ eaoo' ~ ~ ~~~ 13154 155 ~ ~ 156: ~ ~ 157 ~ ~ 158 s ~ 159 ~, ~ , 1~ ~. ~ ~ 5 ~$ Jg ~1~~ ~~~~^ N ~~ S 10 ~ 0.g ~ I~. '~~'~~ __ g z~ ~ N49R749'W '~ X111$ N~~ ~~.~ r . ~-12~). d ~ i1 z 97.47 ~ ~ }• ~ : N80',~ •~Rl t -- N+a'29'+5'w X4:07 Ns9roe_aS~J ~` O `_- 12,3 30. N , 'w , I ,~ 1y0 I 189 188 187'. 188 .165 184 I 182 ~1 -1'1 131. ` ~,' __ I I I I ` ~, ~ s I Lor o0. I I I I i SEE HEFT ~ I ' r ~~ ~~ SHEET 8 OF 18 .~ w.,r . ~„~ ~ tnu ur ItnlAnvE TRACT N0. 16581) ~~ ' ~ [] / I ~( ~, ~ (,~~~ ~„ NUMBER OF LOTS: ~ \/1v `J V ~ NUMBERED: 383 IN THE-CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA ~ LETTERED: .192 :~,,, AREA ~ 105.471 ACRES GROSS MICHAEL SIMON, P.1,5. 6034 TA1T & ASSOCIATES, INC. ;.~ AREA = 72.7 ACRES NET DATE OF SURVEY: FEBRUARY 14, 2005 DATE OF SURVEY: FEB 14, 2005 °i ~ iW 150 2~ LOTS 285-292, 294-330 AND 332-361 INCLUSIVE FOR CONDOMINIUM PURPOSES SCALE: 1"~ 50' - ESfA~1SHEp 104.00' NE'LY FAp4 C/L aF Et)k40P]t AVENUE PER Ra b LINE TA%E -.--~ .. ~ BEAfaiNC ~ ~. _. L28 N 127 ~ N ~ A.T. & S.F. RAILROAD R!W C~ EDINGER AVENUE --- N49'20'46'w 5409,24' R1,R34Y-~ - - - - - - _ _ _ "--N49'20'48'W 293a94_R7~11--- - SEE SHEET 4 FOR MONUMENT NOTES, m b RECORD DATA REFERENCES, SURVEYOR'S NOTE, m BASIS OF BEARINGS, DATUM STATEMENT k 10 NE'lY 198r ~ 1-N-17 PEA Rt OWNERSHIP NOTE, DEDICATION AND EASEMENT NOTES - ~ - ~ - - ~- - a - -a- - // ~ _r~e'~ ~a~A361~ ~ NZ4~' scoa6'A't -a - `°" - - _ ~ _ _ •~--- - - a-- - - Q-- - -Q--~- - -o= ~ _ a_ _ a _ -o. _. ~ N4e'23'z7w ~o.3e~ • 43--fl-•. 45 17 .3 R28tN --.- _ LOTBAD 0 n LOTAAD -~ ~ - \ ~~85'30_27"E~PCC1, N49'20'45'W 18.00 8,8.84=-,E - N49'20'45'W 1780.,4'--.. 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D ~ ,~ ,~ Z~ IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA I > I '. I MICHAEL SIMON, P.LS. 8034 TAIT & ASSOCIATES, INC. ~ SCNE: t"a s0' DATE OF SURVEY: FEBRUARY 14, 2005 LOTS 265-292, 294-330 ANO 332-361 INCLUSIVE FOR CONDOMINIUM PURPOSES sEVeRYNs ~ ~ ROM - Z DEDk.41Ep ~ ~~~~ y70~~ , - o 240 ~ /~.~ SEE SHEET 6 ~ yon ~ J i Z ~ .I ~~ ~ 282 ~.~ ,/ ~;~~\~ `tsa`r ccH ~0~`'0 ~7~ ~ ar ccd >'80 I~J~~ 382 ~~ 283 + ~ ~ WW I~ 029 off R~ C91 I -- - CHARLESTON STREET - ~-- ~-~--- a~ 15p•?z' I 74,48' i$ LOT E i i$ I I 9 ~ I~ ~' --~ \.... ~_ _ ~-xn.i~'n,e3' _~_ I z4.sz' ~+q ~ _ o T ~ i2' ~ a4,oa~ 13s.as' 1 ! ~_ ~x $ w7s~'27"w tx3n3i' - $ %~ ~°za~ ~~~' ~ 46.16 4axe 5x55 54,s ~ $ I _ x8.23 5x73 g5, 48.i N r' 7'w 574. a ~S I $ ~p 2 .~ N79'27'27'W 43x53' 30' I 37 5x. 4& T~~ ~ gppp~J''',~ w W W 234 $ ~ (,~~ $ aaa' 181. Q tV~ 'jA ~ ~'I,yl S ~ O o ~ ~ M p , ' ~ 3' ~ r O 4 ~ ~ ~ W 0 pl 226 227 228 ' 229 CJ g ~r~ol & ~~~ ~~ °$ A w ~$ 230 =~ 231 a$ 232 '~~ 233 Z~ ~;~~ °dc o. ~W8~ 182~~ X33 T ~ D 5#73' 48.18' NT9'21'27'w 502.84' ~ ~ x °i x3 a _ ~ . ASTORiA WAY ~ ~ 5492' 4623' Sa7Y 55 43.15' ~ ~ ~ -- ~'4a57 46.00' _ _ N7szt w 43as LOT CC I• . ~' ~, ~ - LOT CB - ~- 5 ~9.ss' - - - - ^ a _ C27 ~ = ~. ~ .57 ~ 4s.i 5as7 54.9 46sa ~ ~ 3d. ~ c27 ~ 27'2rw 499.57 55.2i 48.2! 54.73 4&ti 55.88' ' N79n'zrw 593.57 '- -- ' ~ a ~ 242 N30'OB'49'F(Ry~ ~~t"II. d200' N79R7'27'W 433.80'--~ M. w !' y+ W m N7sz7'2r a7°~ "~I~m N~ AS70Ri AY wk 7' 97 ~ ~ w 4&4Y x8.83' .a'4o g "~ ~ $ ' $ vs '~ • n c 3.00' M m . I $1 ~ ro ~~ w ~, ~, 57.64 $ , W 241 „, 0 240 ' ~ 239 $ ~ 238 ~ a 237 $ 238 $ • 235 ~ ~ ~i ~' W q ~ $ ~ ~~ ~/~ ~~~'~~ ~ rq~ 1M }. ` I ~ g ~~ ~ ~ `' .I ' ~5 ~~ ~ ~' I74.az' LOi 2 I ~w ~ I* I" m- C/ ^ ~ f ;f ^ ~5 "f NQ Lax LM TABLE BEAR9M ~ DISTANCE L39 L40 L4z L43 L45 ~1 -- nl b - ~~ ~ I ~I I ~4 Q ,. S O L ~~ I IJ. I~ ESTABLISNFD PFR RZ ' 30' ~ 1~ SEE SURVEYOR S NOTE Na f 4 I Z ml 3D' - I ~ ~ ~- 1 SEE SHEET 4 FOR MONUMENT NOTES,' Ill ` RECORD pATA REFERENCES, SURVEYOR'S NOTE, I > 'k4 ' BASIS OF BEARINGS, DATUM STATEMENT dt W OWNERSHIP NOTE, DEDICATION AND EASEMENT N NOTES I g I I~ ~-- X'll.la d~°w1R.L 245 ~ N78Kf'27'W 68. `~ ~. ;` y~ 244 ~ ° 'z ~ ° ~ ~ 243 ; ~ y ~ t 4. ,7 4.9 m p s = m ~ z $ a: N79'21'?70 73.85' ZI ,,, $$ ~+F M ° 0 '~ ~ Q o ~ I x ~9202o o z x 3,00' W 201 ~ = a 20D O. ~~ 5'2i'E ~ COiDDC N79'27'27'W 838.55' _ -_ 45.00' 7ii.50' ' ' W - _ 25 : N78'27'27'W 7316.97 .-•. ~ I c 7 g I N79K7 37 ty 488.47 --- _ . 0 67 s~+ o7 - ~~ c ~ ~0 ~ ~ ~ I r~~'~~ ~ $ ~ , LOT F ~~ - - - --$ - - ' LEXINGTON STREET $ ~'' • I a • ~'7sg8~~ zri, I '' I' g I ~ LEXINGTON STREET N \,~. 28&05 N56'15'4rE 2x77 EXCEPTION 768.57 N79'27'27'W 571.25' ~ 78.70 ~ N5728_32'E (R) • _ ~ _ 24.00 • N79'~8~ . . ? ~' t I 37 •. N78.21'27'IV 458.47---_ ~ 57.5 46. aaa Ill W . ~ ° ~~ ~ R1 h ,~- IRP-13W o.l ~' ~ t~ C42 N7szt'zrw~ W ' a o ; " ~ w7s rxrw . S ~ (~ W $ 361 ~ 5 ~ m~~" 360 •'' ~ ° W " ~ $ 359 soo ". ~ 4 ~ ' •~ ~ ~ ~ o W ~ ~ W ~ ~ ~3~ N78'2P27'1Y r~i 27.07 o x ~a ssi C151 ~SZ, z ~~ m49.473Q~~ ~ G15 N7721'2rw nrfem•orw Rc1S8~5' 154.57 z 22a,4o' " BELLEVUt~ z WAY 6x84'.. ' CFA ~ z ~ 358 $ ~+ " N7927'27'W .. w ~ o ~ lY. j~ i,`~ ~ ~ ~ ; 203 n ~o°, ~ b /~ = ~ .204 Q ti i N79'21'17'W 2D5 ~' 433.50 727.53' $3'3r1~R i ~ .•oof'~, " IRP-13S 355. ~ • • ~ ~ ( iRt ~ ~ N5775Y4 E.(R,~ 160.59' ~ . I 70~~ S I ,,3,~ i ~ ~ a8 ~ ~ 1 ~z7.95' 15 -$ ~~ -C- "3a°~ - $ ~""~ LOT ZA © 332 _., ~ 333 85.8 1x47 s' GA5TON WAY xf5,74' L07 BB g Z 54.50' 45.07 - _~.i~~ 3asD' _00_~65~67' ~ ~ ~~ cv ~'_~ ~ N79'21'Z7"W 34f.4t~~. _ 1 30.OOT - ~ N79274,5' *~~' N792127 1 8 s~~+.k 7217 ~ Z ~ N' W 499.50'-'-~ p7~y N79'21~2rw "~ - "'rs 4a50' 5a5 ~\ .. ~~9'55'33' w L4 L43 w N70~8'33'E W 3.83' Bo J ~ ?~ w g H79~2f 27'W N7931'27'M ~25700~•~$ $~ 17.00' Ni°~'33"EM$ I?QN ~~"~ 3.00' '~ I~Lm14.53' ~~ F.. ^M 357 3o n' x ~~al m W ~~~ ~ a $ Z N a ~ S _' ~ ~' ~ M o224 ~ $ 223 ~ 222 N' gl 356 x n' ~ ~, g ~ $ zl- 88.39' 280.69' I ~ 3. 3.00' N79Ri'27'W 504.34' ~ 57.50 5&57 ~.. 1, $ I . N79KI'2TW 574. I LOT G ~! 49aaa-. - _-~-- MONTGOMERY STREET N79~+'27~r„oze4.--- --~ _ 334 f'I-1 335 ~` _ -33j - _ SEE SHEET 15 SNEET 9 OF 18 I (ALL OF TENTATIVE TRACT N0, 16581) NUMBER OF LOTS: > NUMBERED: 383 LETTERED: 192 ' AREA a 105.471 ACRES GR05S AREA = 72.7 ACRES NET DATE Of SURVEY FEB 14, 2005 ~~ l~ O'1~1 U2 0 \\ I ~ ~ N \ I (~ I~ ~ ~~ I r ~ n ~ ~~ ~ ~~ - 8 f W ~~-- ~,~ / ° W I Q ~~ ~ i ~~ I ~i~ ~' ~ 0 0 0 LL ~U a ~U? a LL vj In o ~ ~a~S~ ~~~~ ~Na~~ ~U~lr~ F 3 F~ i3 ZLL ~Z ~o}~ ~~ E-°a~~ U~~~~ ~~o~ 0~ N ~"~' U ~ F 9 a m o 2 ~ N U ~N~ Q aoF~~ ~.. ~ ~'~n~ o n ~mms A II p ~~ Z~~~O ~ ~ w I ~~i ~ bbs .. ` ~ I z ~:~to~ n~wmo~ _ r ~a•~ `- ~ i ~ i W .~ ~ ~~+gp~ ~pFraa.to~ o ~ ~~yy hh / ~ q NN d Q ~"" N I ~$ ~ ` \ ~ ace,seow ~ Q ~ ,oo~za ~~~ T z LL~m~ O g$~ p ~ ~ h Q ,osros ~ ~- gib z ~ r ;~g~ r ~~ ,eco ~ Z ~I~ o ~ t~ ~ ~g gym ~ oFF ~ ~ y~~ ' ~' zw W ~ a ~ ~ ;570 ~ "a ~'OB ~ I ~ wd~ M~. V i o ` \~ A~lgA~9, t~ ~ 3.fS.8GOtN _ ~ \ '~'~~'+Ra~ ~~1.Zhw~.~ O ~ 596t bV0 U ,,~,~. ~ ~ ~ TNI=O~~ ~ ~ ~ ~ o T / ~ ~ I. --- i ~ ~ ~ ~ ~ ~ N z ~ ,~ .a ac ~ °z~~ ~ ~ r ~(il r ~' ~~ N~~ ~ QI ~ ----- I i v;~ w ~ QI~°~Q ~ I o p~~~ ~ ~ wI3 r' W .~ ^. ~ ~~NZ ~""~' ---- S~$ ~~~'< W ,. ~~~~ W T $I a ~ ° W o l '"' ~ F W z -~ aaa to i ~ o xo ~~N~1' I ~~ ~~ .~ '~ ~~~ ~ L 1~~HS 3~S '~' 8 133HS 33S 0 ~ ~ w~ h I ~ ~ I ~W (.~ I ~ I ~ ~ _ M ~ ~i S ~ I W I o ~+ -- ~ -I rl ~~ i ~ - ~ -}- - - - ~i _. ~ I ~} ~, ~o ~ , m N h ~I~ ~~~ ( ~ ~ 0 w o ~ ~ ~ ~' ~S ~ J~~~~O I ;~~ ~ ~ ~ N ~ 1 ( ~ W I I n Ac ~ AC II L __ --- I ~---~ III ~ I ~i~ N ~ '~. ~~ ~~ ::.TRACT N0.16581 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA MICHAEL SIMON, P.L.S. 8034 TAIT & ASSOgATES, INC. ~~ DATE OF SURVEY: FEBRUARY 14, 2005 ~itl8 es ~ er(l LOTS 2&1`292, 294-350 M~ 332-381 NCLUSIVE ~ ~ta7 cco (~ ~ ?I~O6E5 CHARLESTON w ~ a: STRFFT UNETJ4R,E LINE BEARIP&i UNHRI 134. 8EE ~'i~ET 9 aravE T~ a>I:rE c,,7 c„e ~NCnI ctta C120 C121 c1z2 C12J C124 01 1. C127. • 0' t 30 ~0 131'. 1448.04 197.78' .197. ,5. c,e2 c,93 vt~ ~/ 0 i0p 200 app 40D ----4~4---=---I ~'c ~ ~ SCALE: 1'= 100' 9B 1 88 `I"'7~ J 8 ' R\ / 84 ~ ~' ~ ro• G~ gy , / LD7 D j ~ (~(' a7s~, z7'w °,i240+~3~8~ ~~ ~ s /~ /`~< 8a i9i ~3o'13C ~ tr9 1~~ c~r~~ e ~~ ~ ~LOr nar - - $~$ N PRrVA7EPARK/ .vj ~~ N4e7o34s5'w5e' ,~t4r { PRIVATE USE ~ z" N7a , 2rw -iBZ~~jE ~~ ~ z3t7 ~~~~yyy..Ia 3tq.` _I'' ~ a~,7xa'oo' W ~/ 4r~ 88 ~y iea 8 ~ J~ Rm83.87' ~"~ ~ //x~~'r/ , ~ 0T' ~~ LDr DD ~ Oro L®1932' ~t~ U~ N82'O1'27_Y/,{RZy Rio ~$ . 1 /~itr~ ae _ ~ J~ h 18'23'19' ! y%kf. ~ Lor DDx N' ~ ;~ 83 or seL zia ~ ~ ~ h+ ~~''' zia I ' ~ ~ PRrv TEPaRKi ~ ~ ~ ~ 8EE ~~ ,~ - - ~ PuaL~c usE ~; ~' ~' a ~ LOTL1 F ai4 A L~ d ~{ N ~ I~1~® ~ ~. 3g8 ~ 3~y ' D7~DDV ~ ._, j 0 ~~ ~i 38'3s eat a~B x,67, (( Z24 ~ 2za i ~z2~ tai 122tl~ ziB ~ aie ~ Zi7 I~~ ~ 2i~ ~ N7a~,'27w ~'~0" ,,~, /~ " I '+ , ~ -23.t~-~- z5~" - z7o~5' I~ST`f3- ~ ~ _._~--~.~ ~ _. .t , ~'~~ 33~~ _ ~~~ 3o.1r ~ '29'E rm~9' ~"~ •os 3zz-fie' N792i' ,zed' r~48 -9a ~zzanar - t4tia~~ i ~ i N79 i TW ~ ~ MONT M Y S ET ~~' _ _ LOT U tt. , q Ciro r$63,, 33~ ~. ~~ ~ rne2, z w 27914 N79'2,' w 248.2, ~. . ,ea.3s ~ t7 ~ zap " 7 '!~' "'' •- ~ 79R127'W N7921.27tiY f r . ,.~- - ._: _ ~ '~ ~ z~ W ?3i ,o~e•33•E327 any; (..I ~~,~ 3~5 0 ~ ~p~ ~ N~ ~°~t~,^ ~ ~'y _ •Y- s ~ ttpp~~ zoo kcrr=s w t0.t '1~i ~.t~t 44r~,, ~J, L~ I~ r _'~`' - ~ ~ ~~ PRlIA;''" F'Ar7X / l ! 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I I--yea-W ~ 327 i ~ K. b "~~jl '~ ~~~I~ '" ) ~ r / "9d ! r3 id NW I ~ ~ I 3"~ I I I^ ,~ 7 ~ ~'1.~,~_ `l t@j ~~d I, [ +~G2 1 ~~ ~'F L ~ ~ t ~~~y "'l,~ ~~ 1 7 )0 I .pFE \ ~ ~~~ I (~ .I _ I 1 ~u '~i'.4 SW ~~ ~ j ~ ~ ~ !c°~~~ ~~ zl~ N4~ ~~ ~ ~.. ~.. r.~ / P_'d~yF1 f r ir'3H 1 J~ VAR m ~ ~ ~ °~~ ry ~ ,.,~J _._ .__. _ ~ ~. i~~i7 ,~x 11~~`-~-t ~ ! \i- ! r~n~t> p'Y .'V"~ m $ $ _ `~ _ . _ . ~~-_._._. _ _ I j t~.~ rz ~ ~ i"! ~_.h _ . ~ _~! y 30' ,.,,~~~ ~`7"- .~~~~ ~ ~ ~~ ~ ~6~ ~ 992 '?~' ~ ~ ~~`+~~ ~~"~ ( 3~1 __ _ ~ _ ~ ~z~3F ^' z ~! --~i I-2e ~ 1 f ~' ~ N~ ;8 ~ f' / ~ 1` ~,, 'J5 `~ ` ~~ ~' ~ __ _._ ~ h ~~~~' 7 ---- :~~G j a~n ~ j ~ (z n ~I ~ 31J $'i -rR I-! „! r .'$j ~r i ~•~`7 h°j~~. ~ a$ "! 454.1 , {~' 1 77 .WW , z! 30.88' I~ ----- -- ~ ', r~ %~f w$ W ~ , m !~l L10811~ / `` 1`~ ~ _ __ r. ? / ~CI28 - '-~BBS9:-~ 2~ !°d ~~s~t./~w~`. ~;~,.~.u? ~•(./, ~~r9 ~BJ 99i NJ9Rt 381.34 R28N 284.68' ~.~. ,f ,,~~ .28.48' ~~ ~Rm3759:60' 43. ~ N79'21'27'w 288.11'~T i _ ~ ~ ~',7 1~~,,/^~ ~ / •~ - _ _ 80.21' J_~ - 1r4~~39,' 1 1~14e 2~L~i4 .7J'RZ "~ 2e8.o-'R2 '_'!a~ ~'~- !~42TZ3G.'~_ - I C12f' ~ ,,. ~ ~ ~~/..f o ?>.~y,~ ~{~j ~C N79~'2127'•w ,047.4 R2A~M~ L.t ~ ~ Mt ~JG~~ ~~'~ ~ ~ `~/ - _~~ / , ,~ ~ ALENCI~, .NORTH ~ LOOP ~ ~ ~'~ °~~ ~ , 4~, ~~~. ,~~ ~ ,~ - - ---- - - - - - ,_ ROAD r ~ 'r~,,~ ~~;,;~ ~ l/J~ ~, ,~' ~.~ ;'~~ -..' 42.1 ~ \~ (`Cj o/ .4~' `'•'" `~ ~RBI~IRVRY~6R'f ' CONIR01. 191E A' ~ `` \ l~h, _ ~ .R?ky 0y? ~'~ goh~ 2 ~d'j ~ ~~. SEE.SURVEYOR'SPER Rt ~i ~ / $+ ..1~ 2:~6 1811E N0. 2 . _~ ~ ~ ~ ,~' \ ~~ ~ ~ `~~ .~~~ SPIFFY tt OF 18 (ALL OF TENTATIVE TRACT N0. 18581) NUMBER ~ LOTS: NUMBERED: 383 LETTERED: 192 AREA = 105.471 ACRES GROSS AREA = 727 ACRES NET DATE OF SURVEY: FEB i4, 2005 SEE SHEET 4 FOR MONUMENT NOTES, . RECORD DATA REFERENCES, SURVEYOR'S NOTE, BASIS OF BEARINGS, DATUM STATEMENT & OWNERSHIP NOTE, DEDICATION AND EASEMENT NOTES I ~" t ~~ I ~ a ' ~ ~ ~ Z Z _ I J„ ,~~~ ~ ~ Z - "'~ ~'~~ ~ SOS ~ ~ I $ ~ } W O _i I I ___~- --~' .~--~"" ~ ~ M~2s1 ~ a.2o1~' zaae e~ .~^ve .. b ~ 0 ~ p1yM l....~ ta27N°.`~.c(l N a ~E ~ ~17~.88' (~ ~N .''v ~~ ,~pOAi ~St7,1Di L 114.86' ~ lv ~ F N ~ -~,.- an'~r_ar'g ra%.._.- - Nae~ti3E ~ 5~a ~ „~ '~. ~ m ~ ~ ~ ~ ~I+~g,~ ~~ ~z,," I I ro '~''b~~ I ~ ( m~`~ ~ W ~ I ~g. mr,s,a'aaew g ~ j " I I ~ ~ 3~` ~ ~ SI ~~$ b~~ i ~ o I "~) I ~ I ( ~ s~r~ & I o a 0 a ~~ I" ~'~~ z ~s~ ~I~~ I ~ w ~ i t ~ ~ ~ ~ t ~ ~ I I I ~ ~ b ~ o gyp` y~j T u. ~ j ~ v ~& Z ~, ~~ ~~~ _ ~o) ~ ~ I o I f I I ~ I I ~I ~~~ i~ ~ ~'~Q~ M ~ z z ~ I ~a~ 1~. ~; .~8~~ _ _ _ J _ L, gba ~ ~ rc m o ~/ O vi O I I r~ ae~wz z.cfszo-N ~ ~ O i'~' ~ ~ $ Css ct~ i .srcrz $ - ~ q~ _ ( ..Zg$ o I I 1 r N { .. '~ ~~~ I I x Ins .oclac~W--I~~ ~. I ~ I I ~ I ( ~ .III n I ro I~i ~ $~ ~ ~ ~ m ~ I ~ ~w ~ ; m -~ $ , " ~ ~ ~ ~ ; ~ ~I __~ ~ ~ ~'~ - SAID W ~I I a>~ ~ ~ ~ ~~r~ i q :n ~. ~~ ~~"~ ~~ ~ I$ ~~ ~~~ ~ I 'I I ~ ~ ~ I N ~ III ~ ~$I 8&SI ~~~~ 4Jz o ~ ? ow•~i a g I~r T~~~ i IgI ---~ ;i, QF ~o~ JW~ ~ I ~s ~ ~h ~ ro ~ oil l I ~ I ~I' °'~`~ I !6'E, 1D7 ~ p o ~ ~ ~ -r I ,, - --- cii ci ~ I `~Ul W i Z~ ~ ~ ~ ¢ ~~ ~ a ~ Flo I I ~ I I$ 1 g l ~ ~~ ~ $ ~ I ~ ~ ~ U' I ~ Bel tis '~~. ^ ' ~, ~ j ~ 8 a W S ~ I ~ N ~wo m~~ - ~"`~ I ~ II( I~~ g - I - a ~ I -. fi~ ~~ III *_II ~, ~I: ;- i a~s`~~~~ ,~ M I ~ I- a- j~; ~ -I ~ I I I I ~ I I ro 1 ~$ I~ h $ ~` ~` d l I o ac iac I r l I t o ~ I '' .~~ iY ~ N ~ 8 g F .wr, ~ ,~ ~u yes a~rrgco-"'' _ _1 _ _ I- ~toi _ ~.co I ~ ~ ^~ ~~ - -~-~ . ~~jo~"'~jny S ~ a I I, i ~~ i 1~ 1 ~1~Q ~ D~~ im0~l I ro N30~06~`'-` ~ O ~ ~ ~ p a ~ 8 .~.3~H~ ~$ ~ ~o~~ 1 wroc ,ooroet es~ m~ ~o~ ~ ~ ' ~~,~`e{~~ Z z ~ ~ ~ ~ c N~a -S $. ~ $ 13321.LS1210dN3hW0 ~ `-~ 1210d d0 $ ~ ~ ' ~~j I ~~ . ~y ~.. ,,~ SPIFFY 13 OF 18 ~ ~ ~ ''!.7 (ALL Of .TENTATIVE TRACT N0. 16581) NUM~R GF LGTS: TRACT N.O. 16581 ~ ° ~ ~~ ,50 z~ NUMBERED: 383 I i t i I LETTERED' 192 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA ~' sue: ,"=~o' AREA = 105.471 ACRES GROSS AREA = 72.7 ACRES NET MICHAEL SIM~I, P.L.S. 8034 TAIT do ASSOCIATES, INC. DATE OF SURVEY:. FEB 14, 2005 DATE OF SURVEY: FEBRUARY 14, 2005 LOTS 265-292, 294-330 AND 332-381 INCLUSIVE FOR CONDOMINIUM PURPOSES SEE SHEET 4 FOR MONUMENT NOTES, RECORD DATA REFERENCES, SURVEYOR'S NOTE,: BASI5 OF BEARINGS, DATUM STATEMENT & OWNERSHIP NOTE, DEDICATION AND EASEMENT NOTES SEE SHEET 8 CURVE TABLE WRVE~ C6 ~ DELTA RADIUS 18 18. lENO1H C26 18. C29 t& C32 18. C33 1& C31 18. 1 C6Z 1& 0176 1 ~ ,6: Ci44' 18. C27J 18. C63 18 Ui ~ 3. ~ Qil°1- 6a> ~LL~gl~l Ba ~ ZWI a ~----°I~I ~ ~l >~ I O ea ~oIQ~ ~ l0. SEE SHEET 12 0 N -~ for ea~~~ ~ zae I 's I LOTS LOTS _' .-' -- - - - I $ I 11 - 1aor- -$ 3i ~~, ww7o'4sw s~4.sB i3.or taos LOTS ~3 -C~ I ~' m I. ,3mr - - _ c _44,.er CHARLESTON STREET '~w~ 3o7.a7 ---~- - ~r .~ ~ I R I ~ N49 ~~ias~' I $ I w~'s2'~•x~R1 ~ irr 11 I Ir~ N ~ ta'E $ ~ ~iyEZ sarm' - ~ N4aZ745'w 2.94' 7 "'" 9&ar uS 4.00' ~ N4720'~6'IT 44L9r ~ !+ ~~:\ `~ , n ~ X40, 39. 34. 39 39 39. 4a alq~?$ ~ ?~. N49'20'4S^'~^6 ~ „ Oro $ ~ ~ ~ $ 1- 0. '" y ~ ~ N49'2740'W 74.00' ~ 40. ~~ 3a 39, 39. 39. 20 - 9~ 88 for BBK ~ ~ W W W W y 72 o m .. $~ ., ~~ m n n asm~1'w aa4. c ' 1 a97 85, = 66 67 ~ 68 89 ' 70 ~ ~'aj79 ~ „ c w ., m 388: ~ F R 70 371 372 W 373 374 375 ~'~ - - - 3C 30' 12' 2 ~ ~ ~ ~ ~ . `~?. ,~ N 74 N +s~r ~ o ~ '~' ~ :~ ~ • 378- M w F- ~ 8 85 $ ~ z~/ ~ z ~ z cat ``~' t2' C~SUTTON '~~, '~ LoT ~~ ~ W. W ~ 'e 38 C52 $ r 73 a .. WAY . $ C x z z N~x1~w, ~~ ~I~ ~ (Y I p ~$ ~ 74.7 R 30;ar . ~ _ 4s N x47. R 387 s sB.Da 3eoD' 3aaa 3eao' 3eoo' 3eoD' oo' ~°0' N I" zazar LOT DI ?~ N ~ BROCKHALL WAY ~' J ~~ ~ N Ir N R 45 -70)~ - '1'- 30.OIf N a ~ $4 ~ 8 UNION WAY ~ a -~7&' r ~„~ ,z35 ~ W W ~ ' ~ ~ ~ MONTROSE ry 39 $~ 74 12.ar 388 3DAP , N LpT EA-E- 2eaoa' ~ N N2~7a2J^SRL _~ 0 2a8 = z ~ WAY f - I- c°~'r. ? ~ ~ $ $ tfi' ~ z ~ CHESTER $ 39. 3a ~. 3a 3¢.F 39. ~z~J' (~ (~ UJ 74s ~ n n n n R ~ , WAY 2 $ 49'21 z1'1r ~'~ $ ~ W uJ o ~ "~~'' ~1 3 4: ~ x' M4,~: ^ ~ ~ m ~ ~ ~D~ 1. I ~s m W ~ ;~ ~ 83 ~ ' 82 ~' q 81 _ $0 ~ 79 ~ 78 n 77 .~i78 ~ ~ ~ ti 12' 2 ~ q 378 379 380 384 , 382: 3$3 ~ ~ 1. $ ~ W I N ~~ $ for BBt , Z$ o ~ ~ ~ `~ ~, r ~ + 75 ~ >usr~~ $ w 377 ~ ~ ~ _ ~ for . ~ ~ ~ ~ W (lj I N49'2t'2j' 1M 2 ~°~ x ~ $ ~ _ ,: ~ ~ "~ ti > ~ ~ ~ 88W z (n I"- 41 z z z 0 ~ 12' r BBR "9 74.00' S lOt B'2o'46'W 4. * I ~ ~ ~ x z z z N497121' I F,,. ~~ -- z 90.ar 3&ar ~.~` ~,ar Saar 39.00' 40.00'z z ~ W 0~~ 86.87 N4927 4.07 z 40.00'. 39.ar 39.00'- Saar - 3a00' 39.ar 46,ar x J7 ~ 30'J (~ ~ I~ 40~9^13'E sot' - LOT T N4°R°'+6'w x64,97' N49Z746'W 4,07 8 ~ 3a 1L r++a-n'zt'x x4.ar N4o39', 3.ar ,~N40"8'15'E Sar ~ ----~~ 1149`m'43'W 28297' I 'o$ I LOT T ~1 ~' 0 N29'62'29 R I ~ 297' 14.07 N Q~ I ~~, xae.st; - N+e77 x~.aa "'o~u''xsso6'6.a7 ~ I a R~j L"°6-'4e~o~'r~R 14.07 LOT T 33 --~~I 33~p,~~ ~ ' I aa'_.. 14,07 407 227.93' .101.04' 180.$9' ~ - -1" ~ ar _ ~_ ~ I I GEORGIA STREET 14.07 I 14.97 N49274cn n9o:2e'--- , 1- 224.ee' 13D. 3a. I c -- -- -- - - - - - - _._ ,io4~ I I GEORGIA STREET I ~I~ i c I 11,3 G -' I I - 30 3y . I' ~ w X zae ~ N zer ' m Q ~, zea ~ ~ } ~, ~. g~ ~ ~ I ~ ~ I ZBB l o . 2r8 1 i ~L L~ ~ SEE SHEET 14- ~ ~' ~, I~~I I ~ 1 lu"?~ ~.., !/I SHEET 14 OF 18 (ALL ~ TENTATIVE TRACT N0. 16581) NUMBER OF LOTS: NUMBERED: 383 LETTERED: 192 AREA = 105.471 ACRES GROSS ~ AREA = 72.7 ACRES NET DATE OF SURVEY FEB 14, 2005 SEE MEET 4 Fat MONUMENT NOTES, RECORD DATA REFERENCES, SURVEYOR'S NOTE, BASIS OF BEARINGS, DATUM STATEMENT & OWNERSHIP NOTE, DEDICATION AND EASEMENT NOTES r r ll! W ~ 1 ~ i~ 0 50 100 150 200 - I I 1 I 1 scaLE: 1 •~so' SEE SHEET 13 - r I I I I I I ~~ 11---- ___-~ I~ I I I I I 1 I~ ~z e~ an 7e ~~ ~7 ~'e ~I ~ t- ~ >~~~ I s7~ I ~7~ I Leo l ~ej I ~gz I ~8~ I I I I I I I °P I ~s~ I I~ I N I n I -a~ LI ° I I I I I I ~I I y~ ~ ~ I Ih I I I I I I ~ I ~ _J - L...._1_ -.L ____ I- J._ ~•-'J-'LD7 ae~ -TS •tor eBr I s I I I ~ c LOT T - ~-'~ -I' -I- 1- -1- -I _ L 3D' ~' ~' ~ 8 3aoa 128.'x' ~ o GEORGIA STREET I I 14.09' i i -' - 3801' 8233' - -"~~~ @Lo'~~ _ ~ 266,08' - - I I ~~, 14.08' ~ ,80.88' 0 - I I - - t4W' 407 R 227.9Y ,m.o+' - -$- - ~%' oo' I '~"11R) R~17. I N4990'4YM 1190.20- 107 I 224.96' I -- 2B• o-2ao4a~o3• ~ R1 t3.a~' I 49'~'45'w(R) ~ I $ 8 I ' ~. N4AR0'46'w 1.33' 0 N70'00'_t8_U,[R~,i t ~ N 40'4 9. - 1 ~~ N4/70'46•W 327.81' ~ 26.00' I ~il I I ut I ~gQ`~__~w1R1 N4920' ~ I i ~~~10'4?"~R~ N70'00'49^ASRL,~xC' ~~~ N49R0'46'W 18D.8Y 30' 30' W ~ Ryd,460' I ~, ' `~~ 267 ~ w ~ ~ - r e,~;~ 268 ~~ ~, 4a,}'~' 269 ~ ~• X I Q'.TO' I 3C 12' h. I ~ r F ~ ~ ~~ ~ ~ `H~~• ~ u ~ ~ C~ zl 0 t Iz IOTEC v '~ r Iz ~ F- r1 H~ ~ j I '~ N4e7o'4sw '' 1 c RIVERDALE z 17 ~ $ Ren.ao' ~ ~~ 0 ~ ~W ~ ~ ~ ---a+49'zo'4sw--ae261'- -- ie.oo' ~ WAY I z I ~ w o-2o•4o'sa.~ -1b W ~~ ~ gR 266 > -------------N4eKO4o'w- ~ta,a ------ cw_9 t N4e7o'+s'w L-ats f ~• ~~II~~ ---------- _ ~ Q w _ _ 162.51' :f ~ 07 iv, 1 -- ---186.97'•------- M~ 0 ~~ $ ~ LL r - -~'+ ' -{- - ~-- - - ;12.10__ _ ~_ LOT ED _ _J_ ^ w 't `+r~ ZQ ~ ~ ~ ~ ~ - -it4970'46'w--18261' -- n ~ °~ 7 VANDERBILTWAY a _ ~` - W --------------------~44.ee=---------- ~' Q I ----------- - ---c --,>a ---------- - o _ W J ~ ~ ~ ~ I 39 C N X46 q ~ ` iy~ N49R0'45w 82J.08' b ~ 41 _- ~ / ~ (Y 0 I i ~ ~ "• T MIRABELLA 271 n .~ 0143 m ~ ~N }~~ ~ 1o.a9' 270 c I WAY ~ ~ c N49KO46•W 7.O LOT EG ~ R 272 ~ n ~ n ~ -WI ~ ~ 4.00' Y9.Otl I 46'w N48'ZO'46'w. 861.07 m 0 0 i-il n~ hN~dP10'3Q'60' N49'20'46'W 228.61' t 24.Ob' 376. zI ___~ Z b5 11 L~2aar LOT U ~ LOT U - I-r- - -,$- _ 831:20'. / pp~\ ; .. f4.~0$~ I - -- ~ I $~ N4820'46'w~~ - 87486' ' ` ~~ MONTGOMERY STREET y -~ ~_ -C ~. - ~ ~ I ~ ~ ~~ }-~~ ~ ~ I I zee' • ~ -~ ~-- - - - -1'i-j I zea SEE SHEET _ 17 z~~ r -- 'W ---- _ z8~1 W 7u~/o1 W ._ - ~ I ewi as ., ~LN¢jK0'3z'1VPRC~ - i~q ~"" I II-~ ~'~N, ~~0.00' I I I .Z{~~7 L~4,.6Y z~~ 2~2 • III } IJI __ ir-------~ r ~-__-__,~---~I ---- 1. ~' -. SEE SHEET- 18 TRACT NQ.16581 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA MICHAEL SIMON, P.LS. 6034 TAIT 8c ASSOCIATES, INC. DATE OF SURVEY FEBRUARY 14, 2005 LOTS 265-292, 294-330 AND 332-361 INCLUSIVE FOR CONDOMINIUM PURPOSES NQ CURVE DELTA TABLE RA001S ~~LENCIN C2T 0139 0143 8. 4 0158 ~~•• ~•- ~' QQ • ~~ . - ~~ SHEET 15 OF 18 TRACT N0. 16581 (ALL OF TENTATIVE TRACT N0. 18581) SEE SHEET 4 FOR MONUMENT NOTES, NUMBER OF LOTS. ~ IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA RECORD DATA REFERENCES, SURVEYOR'S NOTE, NUMBERED: 383 BASIS OF BEARINGS,. DATUM STATEMENT & ~ LETTERED: 192 '~ MICHAEL ~MON, P.L.S. 8034 TAIT & ASSOgATES, INC. OWNERSHIP NOTE, DEDICATION AND EASEMENT NOTES AREA ~ 105.471 ACRES GROSS ~ DATE Of SURVEY FEBRUARY 14, 2005 DATE ~ SURVEY FEBRUARY 14, 2005 LOIS 285-292, .294-330 AND 332-381 INCLUSIVE FOR CONDOMINIUM PURPOSES_- SEE 9HEEY 9 0 50 100 150 200 ' . I &~ 1811 ~ ~ - I I I I I A~ 355 ~ 358. ~ 357 SCAIE. i'= 50' I ~-" ~ S LOT UJ~j '~} L i - I ~ + ~ I ~2~ 1 i~ ~ L MONTGOMERY STREET I 3a1r cs 7a~ ;~.._ ~ uass ,~ a2.s7' 27.1u' 27.oa LOT G 127. - - - _ 270.64 _ _ ~y c z29.9r - -~ " 327.58' I ~ ~J6• ~29•E C ~ N7A'21'27'W ;, N793/'7.~'M i is07.s1'---~ 0 ~ 2 ~ I ~ 1'2r56•NN~RL N79'21'27•W 186,65 O I ~ 141.14 -_ ~ w 10.17 NS'21•E N 79'21'27' W 280.54' 138. N52'45 '-- 9~ss ~, ~ ~ » ~, 332 m n N7901' 'B(R N7L11DI'2t•W(R) ~ '•~ g ~ 333 iP c 7.50' 334 ~ ~ I m HANOVERWAY =m N Ntm3g'39'E ~ `~ N79'61'2LhY .277.50' 7 0. 0 AE 4 N79'01^21'W z O 1~~'~ 'y~i 3d ~ _ ~~~~ LOTAC ~ 1 00, 7 ~~ ~ ~ 335 m >,oo A I ~ ~ I 1 I I t61 h© ~ N ~~ © y T LoTAa c ~3 w~ w 8 PR1UA7>r 5231' Sl N79Tn'21•w N79'01 'w N 4s.se' 48.BW ~ ~ ~ AllBLJt N19tt1'21•W ~ b97'24'00'Ct 87 N79>11'21 93.17 7 M'r~ I ~ ~~ m c L . .~~ 352 ~i ar ~oo' b~ .. P m I~ Wg P 1; z L.~,~' 1r tr L-~~' N c ~ I ~ I~ b~ .~ 354 ` ~o ~, ~ ,~ 1 ~ ~Y $O W ~ n w ~ ~ ~ ~• ~ 8 $ 351 r ~ la I ~ ~ w2 r ,r ~~ '~I ~ ~ $ z ~ ,~ Q ~ ~ a ~ 347 >ol . _ ~ ~ '~~ ~1 ~>- ; ° aQQ '~ p ~ ~ "I © N ~04'SO• w tgaes' c ~ F m m Qa = J~ J - N~ ~I .. d. L79 8 4 25.11 _~1C I ~ I / ~~~ ~' U ~Ra±'~~.'ffiR1 c '~ =1 ~ c1s7 ~Y 1eo I a - ez p ,~ IM y ~ ~ a ~ 336 `~ ~ 1~id+ ' a•~ ~ % ~ ,~Fi ~ ~ a ~~ u,ueernuu,ev ' ... ~' U7 m $2A I\I „ ~~~,,;i ~&S ~ " ~ ,.., ~ ~ ~I ~ Q` LN b9moo~ao ~~ . o-9oroo~oa' y W N„ ~~ ;.I ~ o n 1. ~I 346 ~ ~ 1- I ~s3°'.6ars' R.taoo' 'r;~~ 337 I ~, I "~~ ~I ~ ~ '' S ~ 349 ° ~ ~ ~ g 345 c ~ 344 L•23.98' " +, ~ " m~~~s 353 ;`~i h$• gl ~ ~ ~ w NN'01'18'W ~87~ N79'01'23•LY w S b ~ !~~ ~ "'~~ ~ ~I 01 n ~ ~ F ~ na w e0.79' 1" m g ~ -"' $ I H ~ ~~ ~ N7e •w "~~ ~+ ~ z 343 ~ © ~ ~ _ ~ ~~ ~ I N79roPZ1•w~~ ~ R78ror~t•w • ~r t a.9om'o~v_7~~m ° Cte Q SEE 9URMEIUR$ ~ 6 G I C ~ n al R=15.00'~,~~. L78 z ~ J l~~U{~ L•2a5s °~ 338 L T 70~~7r ~r I 'pp C . 1' 147.1Y ~ C 37.7~~N ~' ,~ r~ m If~'44'35•W 1N7rCy'plryy ~ N77'C3'08"W... 7.09' 104, 118.34' of o '~ (:° ~' b158'13• a LEEIANDWAY N79Tn'21'V1 35&84' ~ ~I~ W 1 L~ 342 i~v?~ ~ t~ h 341 $ w bs~ar I~ o ~d ~i ~I ~~ ~ Y n ~ 340 ~ ~ 339 L~,S.~~ ~, . • ~ ~~~ ~i ~I N343544'W ,~ ~+ rvI I ~F_-~-- \ ri.~9~--- ------- _ __~n___N12'OS'42'R ~~ i~ J it ~I .wl , .120.83' 9&97. 30.e0' 28.28' 2MOC - 11.3a ~[.{B,Cr / - ~ A• ~ a°°~ ~ ... ~ ~ b1'2TD8. '~ 1~" /b0'41'20• / ~I t~1~' I N7971'27'tl' 381:34' R2d9i 1~9A31' 6°~~ A~2'I7'29' PER' R1 "~" I L.65.05 6.2'i730•. R2 . SEE S1R8819R'S I b2'17'29• R.3758.80' 17150.38' R4J713.80' L.149.73' R2 NOIE N0. 2. I ~ b27730'RZ L~16O,37 R2 L.149.7r ._.- 80.21, I _ _ _ _ L_ _ ~~ - - - _ ~ _ 987.8' - - .. ~79RI'27•W 1047.84 R28W --• {~.e'. ~. f e -~- J.. ~/~p - -p/-~ A-^ - -- CONTROL LDlE •A' ••"""" •`^^ '^+~' 1'' ~Wr f7VML! A~ Rt NOTE N0. 2. i NQ 0124 WRYE TABLE .DELTA RADRIS LENCTN C159 CI82 C183 cte~ CI88 i c CI73 CI74 c17s c1n ,. , c17e C179 clew clot ~. .ar Paz me5 0127 C128 -C259 C2B0 1 3'24' 2 312 7.84 16.61 cz75 c27s 9oroo' z 3.9 c2ee C287 1a 9. 16.n 17.01 II I I I I Jaar _ I ; 1~ o~ ~'7'I ne ~''I 7G TRACT Na.16 ~~~ 0 BO 100 150 200 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA I ~ i ~ I MICHAEL SIMON, P.L.S. 8034 TAIT do ASSOCIATES, INC. ~ ScN.Ec t•= ~. DATE OF SURVEY: FEBRUARY 14, 2005 LOTS 265-292, 294-330 AND 332-381 INCLU~VE FOR CONDOMINIUM PURPOSES $~ ~EE"~" 8 - -I--- --~ z~~ z~3 ~z~z~ z~1 ~ z~a~~z3~ ' z~~ ~ za7 X36 ~ - - - - - _- _ I I MQNIGOMERY~ LL~r DDY~ --~$ -- ' - ~ I - - - _~ ° z5' - LOT G - - _~ -226.00' - 3aod I ~ ooa - -- - ~-- N7921'27M 1607.84 -- 23.85 I 38.OD' J&OD I I saes' ~ g LOT U - --. .-- -. ~ 248.27' NS7y27'79~E(R~.~ - ~.t~1810'13" R 16&35' r N79'27'27"w 1' ~, N79"27'z7'W -- -- -- - C 290' 327 N7$'2A S ar w 2° 2. ,.8 ~ '2YW W I MERIWETHEf2 ° 315 w ,~b ~. 331 100 A017B8 ~Ri>lAr~ pA>~x i PUSLJC USA' - ` UNE TABLE N0. BEARING DI5TANCE L82 N '27 0'W L83 L84 L88 190 I N79xt' L81 L93 D ~ Ni 33' L97 U83 L186 U86 L187 L788 l33 Ni 2s Lay WRVE TABLE - N0. - DELTA RA08)S. IENG)N C723 t C~ ~ 44 70:0 19: t C1 C1 8837 gg'+t 89' 18. 6: a 27.81' 7. ~ Ct iQ 28 ~ 19. 14. CI99 c2oo 901)0' 18. 28, W 4 . a :.1030. 1 4.71 1 18.8 . 1 41 437 gay, 19. ~ i4. 337 f I' 329 WW '1r ~ N79'21'27' AAJ ;, b flRt'27"W6 ,220' 26.ar ,3 .~ ~~ ~~ z^ 328 MERCE WAY LOT G -M~~-~- ~BI WAY R~ o k' , n ~ ~'2rw LOTGA~~u~ ~~ 13~ mgoroo"oo• ~ ~q m~9o'aroo' . N79'21'27"W Rm1&ar ~ a ~ R=t&OD' 227.,8'. L••2e.2Y $ z t~20.~2tpr~~N~7~9_'~2t'27"W ,59.60' 9.2 195.18' 3 30.60' m 18201.50' 30.50' 31u I 34.IXV 87.16'55 © ~m N79~f'2rw 4w.6x ---I $ CLA EMO A LO G 8 0 13200' N 78.89' ~,~. N79'21'2rW 194.00' 8200' ~ m N792 :ar R®18.00' &•90i00b0' '-"~' d 90Y)0 =sa2°0r W 2 125 L=2a2r ~ i=1ze zar W ,s ,s, M ~°~~ R~ ~' °~° ~ ~ 328 ~ 325 "~ ~ m ~b 318 ~~ iuo?~WI P oa r W ~ouoQ BD.~' b 324 ~ .323 y,,,.,`PWRO VIDENCE z N COMPAS, ~ ROSE WA ~Q SLOT G C COT G H q w ~~ ~ I Z ~ --- r_- a (n I ~" ~ ,-I- ^ ~ ~ a. ~_ I~ O I ~ I ~~ ~ ~ z ~' ~ ~~ ~g~~l ~ _~ -- A ~91 t F ~~ ~1 I -T' 7.85' _ t I - I ~ I b ~ ~~ ~ ~ ~~~ i ~ 3j3 ~ ~, _ _. - 2 LINDEN WAY o W i G, N79~1'zrW 287.D8 ~°" ~q'' ~Ip ~ ~ I ~ LOTGE W8~ N G 328 ~m R W 322 Ng, ©~~~ ,, ~ajnl~ ~ '~ ~ ~ '~ ~ 330 ~. ~ 22,, q M. ~ ~g•• =t~ ~. ~ +~ ~ ~° ~ n~ r q o~ 321 ~ A N71'24'08"W(pCC' a~ m 1,~ M~~ + w Z z 3 riz o^ d=B2'Bx4 ~p p I.oa~ na"~ '' I -i ~ N79'21'2 W o ~ _ f N 17wOr ; N78'2127 71. z L=25.78' ~\ h" ~ ~ g&J J p I ~ 6 $ N7921'27"W 238.88' n ° -,... ~' ~. 792sx 78a4 a~ ~ ° ~ . ~ I b^ ~ _ '~ JUUETTE WAY - 3,6.e5 N LOT G F 29,7a Q b 3t 31 ---,~~- -e-- - Sti' _ 317 a 17.00' H N7921'2rw 375.82' N Q 321 ~ N797r2rw! I~, tsa49' 1e2ex y~ k'I"' 38' i ~,1 - ~90'ar'00' H N7921'2YN' 31x31' W '7~. gg C I 338 ~J ~~d, © Rn1~O20r' ed. d~88'54'Or g. ~ "~W~~ Ju 0 31~ I `m o w R®18.00' ~ zUt ~~ Z .319 ~ :. 318. ~=3,.or 1~ ~ ~ a) L783 ^ L783 ~ p n~! za ~,,~~ w~ ~~ ^ L168 Z ~ LI88 ~ z 1~~ ~„ ~ ' --- ;~~ 7 ` - ~ N10'38' N79~ 27"W .~-.---- ~ ..~ N7~20'Wn .F, - - z3"w I.g7a95'dP1rorS6' ~•~, .178. ~ ~ Ni412'20_E(R~ a ~-~~ 11.p~.,,~ 6~21rz9• R-s74J.en L=149.7x. ~ _ - e-2'Ir3o'R2 Ir149.73'R2 ,2W ~ 2346' N79'21'27'W288.17' 28e.09'RZ 83.57- 3"3 < L<78.88 6.3ro 15~ N) _ w Wl z 3az ~ m.3a'otr4 ~4+e.a~ L~iy7+4' I ~~> "~„ N' ~ D~ N~1111 -- - - r~' -- - - --- N79'21'2TW 1047.84' - ~ _ _____h"181.28' x ~ _7~$ ," Z I ~'~av ~:~ VALENCIA NORTH; LOOP ROAD a3G~42• R`" ~ '' ~'` • n~, i ~~ NOTE N0. 2 I --~~ ,` zl ~~ SHEET 18 OF 18 (ALL OF TENTATIVE TRACT N0. 18581) NUMBER OF LOTS: NUMBERED: 383 LETTERED: 192 AREA ~ 105.471 ACRES GROSS AREA = 72.7 ACRES NET DATE OF SURVEY: FEB 14, 2005. SEE SHEET 4 FOR MONUMENT NOTES, RECORD DATA REFERENCES, SURVEYOR'S NOTE, BASIS OF BEARINGS, DATUM STATEMENT do OWNERSHIP NOTE, DEDICATION AN0 EASEMENT ~ NOTES ~. 1'`' ?~~~ ~l9 SHEET 17 OF 18 (ALL OF TENTATIVE TRACT N0. 18581) NUMBER OF LOTS: NUMBERED: 383 LETTERED: 192 AREA = 108.471 ACRES GROSS AREA = 72.7 ACRES NET DATE OF SURVEY: FEB 14, 2005 SEE SHEET 4 FOR MONUMENT NOTES, RECORD DATA REFERENCES, SURVEYOR'S NOTE, BASIS ~' BEARINGS, DATUM STATEMENT & OWNERSHIP NOTE, DEDICATION AND EASEMENT NOTES TRACT N0 16581 IN T1iE CITY OF TIJSTTN; COUNTY OF ORANGE, STATE OF CALIFORNIA ~ ~ ~ too too 200 ~ 1 ~ ~ ~ MICHAEL SIMON, P.L.S. 6034 TAIT do ASSOgAIES, INC. DATE OF SURVEY: FEBRUARY 14, 2008 ~' t'~ '~' LOTS 265-292, 294-330 AND 332-381 INCLUSfVE FOR CONDOMINIUM. PURPOSES -__.i__--__~3HEET 13 ~r~1,1753rE~t:Z ~ MONTGOMERY STREET" - - - - - - 1 c,x ^'' ~1, 44, LOT U T~.,r--- \ \ ~ i C+~ 9 "'I~,... a2B'- 12815. ~ ~ _ _ _ _ _ _ _ N49'20'46'W 874.56'---~ \ \ ~ O~~ ~~,,// ~ \. 4 N497 45 9a29 - - .108, ~ 84.1 1x83' \ ~• ~ /~ b°~0~ M4370'25" N46'2p0''~455"V! n • 196.81= N49'20'48"VY 224.40 / ,~/ 0A `~5y~7+~ 295 Ir14.32' •~ •- R 19.100' ~ w~ +~'+~1~~ ~ti N49'20'48"N1A> r ~i~ '~ L®ta32'296h ~ N4925'4SW \ i ..~ ~5~' ~ .. d*2721'27' 8.0000'' 4'.ai4' N4li'20'46'6'(R) O 2 24 24IN1' N0. a91, OEITA~~ : 7A~.E RAOfUS ' tEN61H 0117 ... 13a ~ a9 011 1 130, 1 0119 CI CI23 4 1 130. 1 1400.04 60.0D'. 0187 3.00 0148 26, 0139 00' 10. 1 299'15 3 13.90' a.~ am 0209 4 0210 7 1 800'. 36. 4 czls 1a 0217 192 0219 c ,g, ~ 1a 0223 3, 0224 10. 0225 to ~zs 0227 0229 ,Q 16 to 0230 c233 1a 19. c234 0237 X38 . 1a 312 28D. 28D. C2 2sao0 4' 260. 282 28200' 29200' 322 292 29z '63' 292 zeo. 280. 292 ma 312 27 300. - 3 1 74 0201 CI99 0138 34 892824 43'I 28 OOD6. 3. , 312 4,88-. , O, ~~\ ~ ~/ ~. \ ~~/ •~Z 1~0 \ ' \\ ~~ ~ \\ ~ f'q~ s ~~ ~~ ~ pg ~ // \ ~1 \ ~~~. t \ ~ ~ C ~{Y\, ~ \ \ 3'~~. 1 .~ \ ~ \1 ~~ ~ + 1 +~ ~ ~/ 1 /~ )~- % ~ ~ \ '` ,/ J~$ \ A X1{(,,,5 ~(" 41.w x'44 ~ / LL n+l.: ~µ' _~...N ~ ~ ~1. ~~ > q wal ~ ~ N62'35 2 ~rp841 110.15 ~ 0= ~I 21 ~ W 1 126 1200' _ 4~~ ~ 1>s~' yak- ,~ 3pq ~ ""L"' C \ ~3~ ~vd \' a @ +~ 8,0~ ~,,.,,....-^" ~ L+19. ~ 6.3'1523.L 44 ~ 1~66.9~4~ '~,~ r~ $~ $~ , , 8'td'.E a1 Ir53285'.--" µ: MJg6y ~I `r g H~$,,y~~.-~~"" X95 d~ 1r+o0~0~ ~n.~~ Y' j a.,446.a L-757. s~1 ~~ T\ - --F- ~ ~Si°i C. yoOB~' ,~p~pp'4'1~. ~t `~ _ ~{•-.""'. ----i~ =1 \- ++ +~' ~,~w f'yy+ ~~ '~~' .,,.fit-' ~.aam!'`~ ~ ~~~,nn ar~L°~NEO~~~N1 Ni + L~'~ 1 ~ ~ 49 ~ ~ 1400.04 Z ~ U73a34 ~l1{! N~OIE ~RVEY20R'8 \\ / \1t1+~~i~ ~i' i N0. L9A L108 tU9: TAKE BFARINO 0~1ANCE 1' 1x01 a91 14. 27. L71 17 11 19. L118 27. L126 L127 'E 5. U31 N '00 to L132 g, L734 N199Y 15. L136 N7 A' 1a 1~ 1a L136 1x01 Lt 10.36 u 1a L143 ig, L144 12 L152 1,1 L763 ,a L 8 17, L160 ~, lf` ~.~~ .~... ..,..~ ~ ~-1 ~ SHEET 18 OF 18 r o (ALL OF TENTATIVE TRACT N0. 18581) TRACT NO. NUMBER OF LOTS: 16581 LETTERED: 192 NUMBERED: 383 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA N1s66~e'~ f 1~ , AREA = 105.471 ACRES GROSS MICHAEL SIMON, P.LS. 8034 TNT dt ASSOCIATES, INC. ESE 8FIEE? 12 N3Ti3' ~ R ~IIk. ~ `. AREA = 72.7 ACRES NET DATE OF SURVEY. FEBRUARY 14, 2005 ~-~---~.. _ ~~ 1~ ~j ` DATE ~' SURVEY: FEB 14, 2008 LOTS 285-292, 294-330 AND 332-381 INCLUSIVE _ "s LOTT ~D~Pb3''1=aiE'' }~ I i I I ~ ~~4s'w neoas' 10.x' ' ;} } 1 FOR CONDOMINIUM PURPOSES ~ l SEE MEET 4 FOR MONUMENT NOTES, 3D' s RECORD DATA. REFERENCES, SURVEYOR'S NOTE, ~ _ `~ ~ '~ GEORGIA STREET ~4 ~ ~ ~ ~~~ BASIS OF BEARINGS, DATUM STATEMENT & ~ ~ ' N4e7a & ~.w9o.4~ I ~` ~ 1 ~' ~ ~ 2 OYVNERSHIP N01E, DEDICATION AND EASEMENT NOTES. 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C1 CURVE TA&E DE1TA RADIUS LENGTH 00 03 ^'p '-' C187 a 2 4.7f CB 10. 1 aoe 0207 ta' 32' 200.ar 24. 37.81 1x74 czoe as4 ts, r2 3a ' 2 1 7'38 250. .3,t, CI32 .03'24' 250. 14.84 c2eo e• zoa 2s, U292 ~~ .200. 17.7 C ae4 89' 3. > 4.7 CI34 0 1 073 4 300. 300. za 41 41. N49'20'48'N' N492746'Wla CIe7 o N49RN46'N 10. C167 lP33.43' o~ - 98.10' ~ N49R748'W 18.ar m ' N4C 20'4s'w 1S.OC 21.91' b N40'~'18'E 13.60' r ~ N403C78'E 9.05 --'1 _ ^ .t ~ a N4039'16'E 1200' ~ ,. Q m N4i'20'48'W 127.04' t~ " 40'3o'18'E 13.00' N40R0'45'Yf 134.OY ©~ $j N49'20'48'W 127.04' z ~ ~:.. a N4039'18'E 0.98' 0.N'N4039'16'E 1aN ~ N40'39'15'E 14.07 N4039'18'E 1x00' 0.44 _~ m N4920'46'1Y 18. = N4970'46'iY 16.07 37 30' ~' N4920'48'W 16. Ct8 LL N4927 16.00' VAR49 YAR88 I n C187 0187 ~ C _I CI87 {S(M10'07'48' _ 128b' s R o ~ :- 291 ~ rp a 28 N49'20' m g $ •~ 289. ~ m o n Nzm'2~ia;4p $~& r ~ ~ " CAI.vERTOrv 1a ~ 1r ar ,s~ ~ "' 278: IN =~~ I f :.. WAY z z N40'~'is'E.. - g N4o'J8'18'E B:o7 ~3 - z _ 8 ~ I - I ~ _ W 48'Y/ EZ' 48'Yl 1 800' .oJ" b N49 1 ~ ~I n a3' I ~ 121.87'- ~' ~'~' ~. 120.04' _ 3o,ar 30. 119.N' ~1 ~QT~~ Tr~ 1~ -" ' c -386.34' C ~ C 1~ ~'_"~t~i - _ I 3D0 3 ~, N+azD'+6'w-12t.er ~ N 4e 1zo.w' N4r274s^w n7a1' N 4S'M Haar ~ ~I ~ /7WWG " ~ I z ~ .-i ing. . W~ ~ t L778 L177 ~ U ~ i~N28~~?~~?RScI W b ~... ~ I W .r ~ I ^1 ~ ~ _ N161703~~PRC~/;. ~ C2~ r F ~ ~ d - ~ I I ~ _ ~$I ~ 289 s glo _ ~,~ P~ NV ~N~4~s'1e'gRl 28Q ~ ~~. • ° 279 ~~, ~ (' N,~g~ 288 3 A 1`,~,~,~.~ D,e7 = ~ =c1eT ~ '°~ ~ CI87 zB:CD~ ~ J - ~J '~. ~ M00'1719'N4P3C16 ~140~9',6'Ei~ I N10391'16 1e1~ ~ ITI L~+,s4 Ix 00' ~ 24.00' r&p& LINE. MT No. t A . DxDUx;E L776 N40'39'15'E 1bar L177 N49' 48 17. L178 N47 18 1 L179 N40'J916 17:2 L180 N1 1 3234 __~ -_ .e0. tr ' ~ ' 1aar ~ --- ~3e zt'4s'E~vNC~@M ~ ~' 1 0 . ---- Z 43 54 Mi'S0'16' L.1 1' _ . ~ ' ge.tiY ~ ~ -- b.3ov0'4Y 39: . R.1440.04' N49'20'45'W Lm767.44Tn.R287A d~02'1729' R~374a87 - I L 14N~~~~L A=02'17'2B' ~~ R~3759.8D' I ~ 1.180.37 L.160.35~R2 ~ fOS.99'106.00'R2 t6'N N19'20'46'W ~ 1~ ,~~~ ~ d~ ' ~ ,M4~~ ~~~'~ 36,ge ~R~~ M' - N49R748'~'W d~140W N0.9171'E 3&187t2 8 ~I ~ \ . _. ._ -- , . ~ . R.1400.04 . ~. L~73a34' R1;it?d!1 ~ ~ ~.' 788:81' RIddA N49'20'46'N 151,18' R28A1 ~ ~ - 1--- ~'~ ~ ,~, ~ _ P09iT'B'ESi. > - - - --= ~ NORTH ~~ ~ F~OAD ~TA9L~ ~ ~, ~ ~,. SEE -~. _ _ _ _ _ _ - _ _ _ SEE SWtVEI'lW'S NOTE N0. 2 ~ ~~~5 '~- - ~ - ~~~~F.~R~ - -675.59' ~L.10.~. ~. ~fd~'" ~J ~ ..R t ~~ - ~ ^-^"'_ '- 1~• _ b30'074? -- .~ PARKING SUPPLY EVALI~ATION FOR COLUMBUS SQUARE SENIOR VILLAGE Tustin, California REVISED NOVEMBER 2005 PREPARED FOR LENNAR HOMES -ORANGE COAST LAND PREPARED BY c~nccunssoc inTEs A Corporation PARKING SUPPLY EVALUATION FOR COLUMBUS SQUARE SENIOR VILLAGE Tustin, California Revised November 2005 Prepared for. LENNAR HOMES -ORANGE COAST LAND Prepared by: KAKU ASSOCIATES, INC. 201 Santa Monica Boulevard, Suit® 500 Santa Monica, Califomia 90401 (310) 458-9916 Ref: 1968 TABLE OF CONTENTS I. Introduction ................................................................................................................. 1 II. Parking Code Requirements ........................................................................................... 4 City Codes -Market Rate Housing .................................................................... 4 City Codes -Senior Housing ............................................................................. 6 Institute of Transportation Engineers Parking Generation Manual .................... 6 Urban Land Institute Shared Parking Study ....................................................... 9 Affordable Housing Parking Demand ................................................................. 10 Summary ............................................................................................................. 10 II1. Parking Field Data ........................................................................................................... 11 Southern California Experience .......................................................................... 11 San Francisco Affordable Housing Surveys ....................................................... 14 Valencia Senior Housing Survey ........................................................................ 16 Summary ............................................................................................................. 16 IV. Conclusions ................................................................................................................. 17 Appendix LIST OF FIGURES NO. 1 Project Site Plan ......................................................................................................... 2 2 Parking Supply and Demand Survey .......................................................................... 12 LIST OF TABLES NO. 1 Parking Rates for Market Rate Housing ........................................................................ 5 2 Parking Rates for Senior Housing ................................................................................. 7 3 Data for Residential Parking Demand - Institute of Transportation Engineers Parking Generation Manual ................ 8 4 Southern California Coastal Zone Residential Parking Survey .................................. 13 5 Parking Occupancy Count Results - Residential Developments in San Diego, California ....................................... 15 1. INTRODUCTION Lennar Homes -Orange Coast Land proposes to construct a residential pro'ect~n Tustil~~~ California. The project, Columbus Square Senior Village, would include 24 ~ ~~~ units that would be restricted to seniors. The project would also incl de a recreation center the use of which would be limited to residents of the project. A total of 64% of the project dwelling units (du) would be allocated as affordable units. Figure 1 shows the site plan for the proposed project. The project, located on the west side of Edinger Avenue between Red Hill Avenue and Jamboree Road just north of West Connector, proposes to supply a total of 409 parking spaces (sp) to serve the 240 dwelling units in the following format: (`~~ Covered Garage < 200 sp Carport 40 sp On-site uncovered 130 sp On-street 28 sp Disabled 10 sp Disabled Van 1 sp Total 409 sp The proposed parking supply equates to 1.7 sp/du (409 sp/240 du = 1.70 sp/du).' City staff is concerned that the proposed parking supply may not be adequate to meet the overall parking demand of the project. This report investigates the parking demand patterns at residential projects, concentrating on parking at condominiums and affordable units. Where available, the parking demand patterns at condominiums and affordable units focused on seniors are discussed. r 'Approximately five parking spaces would be allocated to staff of the Recreation Center during the weekday, daytime hours. At all other times these spaces would be available for use by residential guests. 1 ..~ ~ ~- CJ~ W U O Y C Y Z r W Ir_-^ ~U ~W O ~` The re ort is divided into discussions of arkin code re uirements and p p g q parking demand studies. f~~ II. PARKING CODE REQUIREMENTS Senior and affordable residential projects typically have lower parking demand ratios than comparably sized market rate housing developments that serve a mixture of tenants including families. The number of occupants per du is typically lower at senior housing developments than at market rate projects where families may occupy a portion of the units. The reduced occupancies often lead to a reduction in the number of automobiles per unit, resulting in a lower overall parking demand ratio. Surveys2 have shown that 5-10% of the units in a senior housing development have no automobile at all, further reducing the overall parking demand requirements. CITY CODES -MARKET RATE HOUSING Many cities and counties recognize the difference between market rate housing and senior and/or affordable units by reducing the amount of parking required for these types of developments. Table 1 shows a summary of parking ratios and required parking supplies for a sample market rate development of 100 du made up of 10 studios, 40 one-bedroom units, 40 two-bedroom units, and 10 three-bedroom units. The required parking for the development would range from 125 to 325 spaces, with the City of Tustin requiring 225 spaces. As can be seen, Tustin is near the top of the list in terms of the most stringent requirements. The parking rates shown in Table 1 apply to market rate developments with no discounts for seniors or for affordable housing. ~' 2 Parking Study at Valencia Senior Residential Project, Korve Engineering, City of Burbank Community Development Staff Report, June 2001 4 Z 2 W H W ~ ~ wa J ~ F- ~ W H Z Y a c R C O y r ~ O ~ > p Q p. ~, S a N ~= C ~~ Q. (~ to ~ ~ O R! ~ (n to 0 N M r r o O N M r r ~ I` e- o h r ~ N O M~ O O O N M i~ t~ O O C~ ~ O O O r r ~- ~- r- r r N N N N n LI) O ~ ~!') 00 O O N M h 1~ CA O O1 O O O O r r ~- r r r r N N N N ~ M M CO to r M M M N N N N N M M M a0 to r M M M N N N N N M ~ N ~ ~ ~ Af ~ c1f ~ ~ N cv t1~ ~ to to O O O M O ~ N O N N N r N N M M M ~ ~ M ~ p N M N ~ 4- O ,._, ,F, O .r,, O O CO CO 0 0 0 CO V ~ 0 0 0 O ~ ~ ~ Z Z Z r ~ c ~ O N ~ N fl. ,., c t/1 C ~ ~~ Rf ~ m ~ N N N N N N N N N~ N~ N N N M eh ~ O~ M r N N N C ~ ~ ~ ~ ~ ~ !II >+ ~ '~ Qj m ~ ~ ~ N N N N N N N N N N i M N N N M ~~ ~ ._ ~ ~ c ~ ~ ~ ~ m r r mot; r to r ~ ~ In ~ ~ ti Ln r r r r r r N r r N N N N i r r c ~ O ~ r r r ~ ~ r r r r N r~ N~ ~-- ~ N N N N r r r r r r U ~ "p O ~ = ~ Y L U u, s ca o U ~ c D O v ~ -e U a a ca N c O~ N c ~p ^` A ` W = ~ W W O ~ ~ ~ '~ ~ y ~ \ A it ~ ~ ~ ~ ~ ~ p V ~ ~ ++ ~ ~ .r O Z > O Rf p >~ - fC Rf (p ~ of X ~ ~ ~ C (~Q C m M O r .a G ti! c a m ~ N O ~ N r ~ C .N ~ o m = ~ O ~°' a 0 0 Z N .~ ~ C r' O c o .~ ~ U 0 c~a N a Q c '~ a~ E E ~° o ~ yU ~ ~ _ s ^C N J U ~ ~ C ~O 0 a w x c Q AG. W N U CITY CODES -SENIOR HOUSING Table 2 shows parking requirements for the same 100-unit development constructed as senior housing. The five cities listed recognize that senior residential units generate a lower parking demand than market rate housing and thus reduce the senior parking requirements by 19-58%. The average reduction for senior housing parking requirements is approximately 40% when compared to market rate housing requirements. The proposed ratio of 1.7 sp/du for the Columbus Square Senior Village project would exceed all five of the City senior parking ratios for the six cities listed in Table 2. This does not even take into account the fact that 64% of the proposed Columbus Square Senior Village project is affordable units, which would tend to reduce the parking ratio even further.' The Cities of Burbank and Berkeley reduce the market rate parking requirements by 25% for senior housing projects, consistent with the data shown in Table 2. The City of Santa Monica requires a parking ratio of 1.45 sp/du for senior housing that is limited to low-income seniors, (and 0.45 sp/du for downtown low-income senior housing), indicating that the combination of the two factors yields a substantial discount in on-site parking requirements. INSTITUTE OF TRANSPORTATION ENGINEERS PARKING GENERATION MANUAL The Institute of Transportation Engineers (ITE) has just published the Third Edition of Parking Generation,3 a national compilation of measured parking occupancy studies at various land uses. This edition has many new land use categories, including Senior Housing, and is based on a much more extensive set of data than the Second Edition. Table 3 shows the relevant data from the publication. The data indicates that the actual parking demand for market rate residential ranges between 1.04 and 1.96 sp/occupied du. Parking Generation recommends the use of the 85"' percentile data point as the appropriate planning level for new projects. In the case of the market rate housing, the 85"' percentile s Parking Generation, Third Edition, Institute of Transportation Engineers, Ransford McCourt Editor, Washington D.C., 2004 6 TABLE 2 PARKING RATES FOR SENIOR HOUSING City Hypothetica1100-unit Market Develo ment Hypothetica1100-unit Senior Develo ment Percent Reduction Total Spaces per Total Spaces per for Senior Development S aces Unit S aces Unit Cathedral City 125 1.25 100 1.00 20% Anaheim 238 2.38 150 1.50 58% San Clemente 213 2.13 122 1.22 43% Ventura (County) 185 1.85 150 1.50 19% West Holl ood 195 1.95 60 0.60 38% rtypothetical uevelopment based on 10 studios, 40 1-BR units, 40 2-BR units, and 10 3-BR units Source: Southern California Association for Non-Profit Housing, 2004 See Appendix for full report ~ , t TABLE 3 DATA FOR RESIDENTIAL PARKING DEMAND INSTITUTE OF TRANSPORTATION ENGINEERS PARKING GENERATION MANUAL Land Use Category Number of Sites Peak Parking Demand Measured in Field Surve ed Low Hi h Avera a 85th Percentile Market Rate Condominium 8 1.04 1.96 1.46 1.68 Senior Housin 2 0.34 0.5 Source: Parking Generation, Thiml Edition, Institute of Transportation Engineers, 2004 parking demand was measured at 1.68 sp/du, exactly the supply level proposed for the Columbus Square Senior Village project. The market rate housing data was based on counts at eight developments, five of which were in Southern California. Data is also pr®sented for two senior housing developments in Huntington Beach, Califomia where the peak parking demand was found to be 0.50 sp/du. This field data verifies the parking code reductions for senior housing discussed above and shown in Table 2. URBAN LAND INSTITUTE SHARED PARKING STUDY The Urban Land Institute (ULI) is in the process of updating the 1980 study entitled Shared Parking. The Second Edition of Shared Parking4 recommends the use of 1.85 sp/du for multifamily condominiums. This ratio is broken into 1.7 sp/du for tenants and 0.15 sp/du for visitor parking. The ULI Shared Parking report does not include senior housing as a separate land use and therefore it does not recommend a speck parking ratio for senior housing. The report does explain, however, that parking ratios for land uses not included in the study should be added to the Shared Parking considerations based on the parking characteristics of that individual land use. With 1.85 sp/du recommended for market rate housing, it is clear that a parking analysis using the ULI methodology would begin with a parking ratio of at most 1.67 sp/du even if only a 10% reduction for senior housing was applied (1.85 sp/du x 90% = 1.67 sp/du). a Shared Parking, Second Edition, Urban Land Institute, 2005 9 AFFORDABLE HOUSING PARKING DEMAND The Appendix to this report includes Parking Requirements Guide for Affordable Housing Developersg. The report speaks to the rationale for providing less parking for affordable housing than for market rate housing, and it cites examples of cities that recognize parking reductions for senior and/or affordable housing. C~ Market Rate Requirement Los Angeles 1.3 sp/du Long Beach 1.95 sp/du Santa Barbara 1.98 sp/du Santa Monica 1.90 sp/du SUMMARY Affordable Project Requirement 1.25 sp/du 1.05 sp/du (near transit) 0.75 sp/du 1.00 sp/du 1.45 sp/du The parking ratio proposed for the Columbus Square Senior Village residential project is consistent with the ULI study and it exceeds the parking ratios recommended by ITE. It exceeds the required parking ratios for all of the cites shown in Table 2 that have a speck requirement for senior housing and it exceeds the parking ratios for affordable housing projects for the cities that recognize this land use category. 5 Parking Requirements Guide forAffordab/e Housing Developers, Southern California Association of Non-Profit Housing, 2004 10 III. PARKING FIELD DATA While the comparison of the proposed parking ratio to parking rates required by other cities is informative, the City of Tustin is interested in the actual parking demand field experience at other similar developments. Data for condominiums reserved for seniors (with a portion allocated to affordable units) is limited, but the field data summarized below has application to the proposed Columbus Square Senior Village project. SOUTHERN CALIFORNIA EXPERIENCE In 2001, Kaku Associates, Inc. conducted a parking demand study for residential developments in Southern California urban residential developments. This study was submitted to the - California Coastal Commission in support of a City of Long Beach approval of a parking supply that was below the 2.16 sp/du required in the City's Local Coastal Plan for projects along Ocean Boulevard. The parking demand study measured the peak residential parking demand at 11 residential projects spread among downtown/waterfront Long Beach, Marina del Rey, downtown/waterfront San Diego and downtown/waterfront Santa Monica. The peak parking demand at these 11 sites averaged from 0.66 to 1.59 sp/du. Figure 2 and Table 4 show the results of the parking demand study. Since the City of Tustin is interested in the parking demand at condominium projects, the counts at condos have been highlighted. While these projects were not necessarily senior housing projects, they were primarily non-family units. Their location along the coast and/or in urban centers made them high cost units that were primarily occupied by senior "empty nesters" or young urban professionals. The auto ownership patterns and the income levels at the surveyed condo sites can be expected to be higher than at the proposed Columbus Square Senior Village project. 11 1 ~ ~ ~ r ~ ~ ~ . C! ~ ,.=a N I M ` tr ~ I ~ , cv v ' ~ ~~ ~ N ~ i r ~ ~ i ~ 1 ' ~ a ~ ~ ~' x i r I I .. ~ 1 N O '~t ~N ~ t!J M V ~ ci h I ~~ ~ o i o. N ; ~ ~ ~ ~. _ ~ ~ ~ p~ j ~ ,~^ tl: ' '~, ~ 6 ~, ~~~i~°'4,~ ' w i ~ i ~ ' ~ , ~ ~~ ~ t ~ " ' r _~ ~ . D ~ a ~ `~ a ~ a ' , ~ ' ~ s i i C7 N CV ~-- ~.. np ~ saaedg 6u~~ed ii O O C tp C ~. b co c .~ Ti C ~y N m ~ C J ~ ~ ll. ~ a a as c a Of 0 x a~ c 0 y ~~t N ti O O O ~, W N Z 4 a J Z W 'd' W Z mN ~ J N U g 0 W 3 V OZC W S F O v ~ 7 ~D C ~ ~ M N ~ N VN~' ~ ~ Or OOr-~.--~-~ e--O ~ y ~ ~ ~ t~ pppp NN~ ~t~~~~c~~N~ J W N~NNN.-mot d ~ a ~ O ~ ~ pp pp~ ~ O~N ' ~~~~ N Vr Z ~ v~ t AV N c •-~-.-~cv~~~-NCV.- (QY~ W ~ Q. J ~ ti ccss~~~~r0tpJ' (AMNrt~-~t~ ~ ~Q M V'NN~C~NMM~ ~ ~ N O W U~ ~rna~o~~c~~~~O$g ~ M~~--~N.-e-N lA U O W _ oa U o 0 0 ~0 0 0 0 0 0 rn~rn$a°Qrn~~$~~i ~ O F- ~ (~ anON~t~O~~~~tp N co h - ~ ~ -0~~ Z p c ~. l ~~c ~ J LL O m ~ r w m Z m p co u~ t~ M ~p MNN ~lfJ M OO N O ~ ~ (D N T L V^' Q ~p ~p ,C L ~' ~ ,U ,tJ v U N N I-' U Ol Cf ~ c 6 ~ ~ O O ~ ~~Ommmm ~~ m c a c ,c ~~~~' J C C (Q U1 (A J J J J ~ ~2 (n !A ~ W ~ 1- ~ U ~ U U ~ ~ ~ U U ~ W ~ Q[oU~ W tiU' 2--~Y 'O c N C N Nom. j c N D N C N N ~~ m ~~ a ~. m o ~~ m y c ,~ 0 'v ~ a> ~E N cc N fl. C ~ ~ m ~ '~ ~ ~ ~ o o m w~ .O c o. -~ m m a m `o N ~ '> n N r N E 'c .~ O O U u U d u g% H .C ui 0 Z The study results show that the condo developments studied had parking demand rates well below the 1.7 sp/du proposed for the Columbus Square Senior Village project. The parking studies showed a range of actual parking demand of 0.93 to 1.43 sp/du with an average peak parking demand of 1.31 sp/du, or 22% less than the parking ratio proposed by the Columbus Square Senior Village project. The remaining six sites measured were rental projects in the same geographic areas and the same financial level as the condo projects. The rental projects had peak parking demands ranging from 0.66 to 1:59 sp/du with an overall average of 1.07 sp/du. In 1996, Darnell 8~ Associates measured the peak parking demand at seven residential sites in the University City area of San Diego. These sites were all rental projects. Table 5 shows the peak residential parking demand at the seven sites ranged between 1.15 and 1.52 sp/du. All 18 of the studies cited above have higher income levels (and higher auto ownership) than is expected in the Columbus Square Senior Village project. The proposed project would be expected to have a lower parking demand than the studies cited because of the expected lower ~, auto ownership levels. Of the 18 sites surveyed above, not one location had a parking demand that exceeded the 1.7 sp/du parking supply proposed in the Columbus Square Senior Village project. SAN FRANCISCO AFFORDABLE HOUSING SURVEYS A parking study of 12 low-income projects in San Francisco showed that the parking demand never filled the one space per unit parking supply required by the City zoning code. A Palo Alto low-income residential project was approved in 1989 with 1.6 spaces per unit (25% below the City's market rate zoning code requirements). The project was required to set aside a landscape reserve that could be converted to additional on-site parking supply if needed. After 15 years, the landscape reserve area is still dedicated to open space, not parking. 14 J W N ~n U mz ~a U O 2 Y a a Q 0 J U O W_ 0 Q Z w a O W W 0 J g Z W D N W Z ~ W ~ 'a ~ ~ M U r Ln ~ L~ N ~ ~ ~ ~ ~ ~ r W Z fA W Y W _ ~- (O r- I` r' r 00 N ~ a U ~ a~o c°o i vM ~ ~ a ~ 0 J O ~ ~ rn 00 N ~ ` ti .-- N a ~ r I ~ 00 N ~ ~ r CV ~ r- ~ nj ~ ~ ~ Y O W ~ a`~o N rn co rn co Q O Q N r ~ O rn a~ co tD ~n (~ co ~- co a z a ~ ~ W ~ O H ~ ° ~ ~ ~ N ao O Z CO c o to ~ M M o M M Z ~ ~ w ~ •~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ U to N ~ ~ a~i o m ca ca ca '~ ~ ~ ZJ J J J I- ~ CO r U a~ 0 D "a N Cq ~ O mV a ~ U (~Q c Q ~ ~ ~ ~ •~ ~ 11 O ~ ~Qa' a~ ~ ~ ~ c m ~ !~ U I- ~ Z ~ ~` - VALENCIA SENIOR HOUSING SURVEY As part of a 2001 consideration of a senior housing application, the City of Burbank retained Korve Engineering to survey the parking demand at a 169-unit senior housing development in Valencia, California. Parking occupancy surveys conducted throughout the day showed that the peak parking demand for the project occurred at 6 a.m. when 124 spaces were occupied. The resulting peak parking demand ratio was 0.73 spaces per du -approximately one-half of the parking ratio proposed for the Columbus Square Senior Village project. SUMMARY The field studies of both rental and condominium units showed that the peak parking demand at the surveyed sites were less than the proposed parking ratio at the Columbus Square Senior l .;_ l Village project. in over 32 parking occupancy studies, the peak parking demand never reached or exceeded the 1.7 sp/du proposed for the project. ~.. 16 IV. CONCLUSIONS gpgrt~trrf' o~ The proposed Columbus Square Senior Village project wilt construct 240 senior~~ 64% of which will be reserved as low-income units. The project propo~bs a parking supply of 409 spaces to serve the project. The parking supply would provide one garage or carport reserved space per unit with the remainder in an unreserved parking lot configuration. The review of parking Zoning Code requirements in California cities showed that many cities recognize the fact that auto ownership and unit occupancy rates are lower for senior units and low-income units than for comparable rental or condominium market rate units. Thus, many cities lower their required parking supplies for senior and low-income units. Surveys of peak parking demand occupancy rates at condominium and rental projects measured the peak parking demand at comparable projects. The field data showed that the measured demand at these projects was considerably below the proposed 1.7 sp/du parking supply at the Columbus Square Senior Village project. Based on the results of the survey data, we believe that the proposed parking supply of 409 parking spaces (1.7 spaces per dwelling units) will be adequate to serve the proposed Columbus Square Senior Village project. 17 Ef, R APPENDIX Parking Requirements Guide For AfFordable Housing Develoaers Southern California Association of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005 Los Angeles, CA 90010 www.scanph.org o~.~ ~.oa Table of Contents Parking R®quirements Fact Sheet page 3 List of Relevant Resources 4 Best Practices Policies g Example Best Practices Policy -Los Angeles 7 Sample Southern Calfbrnia Minimum Parking Requirements 8 Related Newspaper Articles 11 'Rethinking Residential Parking: Myth 8 Facts Appendix A Report by the Non-Profit Housing Association of Northern California Southern Calliornia Associatbn of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanph,o~ -2- Parking Requirements and the Cost to Affordable Housing Fear of traffic congestion and overcrowded street parking has led many cities to establish minimum parking requirements calling for developments to provide often excessive amounts of off-street parking. Aside from creating excess parking and adding to congestion by encouraging automobile usage, parking requirements have a tremendous negative impact on development of all kinds, especially affordable housing. Problems for Affordable Housing Developers • Increase: Development Costs -Parking requirements drive up the cost of development, resulting. in less units of housing. Needing to spend more on parking means less funds available to provide housing. Some developments end up having more space for cars than for people. • Reduces the Potential for Other Amenities and Uses. Wastes Land -Parking requirements also mean that less money and land is available for other purposes. Childcare facilities, community rooms, and play areas may all be sacrificed in order to accommodate parking. The possibility for mixed-use, such as ground- floor retail, are also reduced, leaving other community needs unmet in the name of parking. • toss Attractive Desi~s -Meeting parking requirements becomes a focal. point in the design process and eliminates opportunities to incorporate open space. With less parking to consider, a building can be designed that more reflects a neighbofiood's context and needs. Is All This Parking Needed? No. Parking requirements have largely been arbitrarily determined and do not usually reflect the verifiable parking needs of the people who will make use of a development. • Parking requirements have often been set using a "one-size fits all" approach using information gathered during peak periods at developments with ample parking in areas with few public transit options. • The likely residents of affordable housing do not require a great deal of parking. Studies show that the correlation between income and vehicle ownership is strong, with the likelihood of owning more than one vehicle increasing with Sou4hern CalNornia Association of Non-PrvAt Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 ~` PH:213-480-1249 www.scangh.org -3- income. Low-income families, seniors, and special needs populations are less likely to require the use of more than one parking space, if that at all. The need for parking also decreases for residents in dense areas near transit. Southorn CalHomia Association of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005, los Angeles, CA 90010 PH:213-480-1249 www.scanph.org -4- ~_ Resources Planning for Residential Parking: A Guide for Housing Developers and Planners. Website created by NPH to help developers be more effective in arguing for reduced parking. Contains data, recommendations, and a model for determining the amount of parking needed by a specific site. http://dcrp.ced.berkelev.edu/students/rrusso/parkina/Developer%20Manualrn dex. tm Donald Shoup Professor, Urban Planning. UCLA. Has written numerous reports regarding parking requirements. Argues far reduced parking requirements for numerous developments, including affordable housing. shoup@ucla.edu Reports Parking Requirement Impacts on Housing Affordability Todd Litman, Victoria Transport Policy Institute. Victoria, B.C., Canada, 1999. www.vtpi.org/park-hou.pdf Pavement Busters Guide: Why and How to Reduce the Amount of Land Paved for Roads and Parking Fciclltffes Todd Litman, Victoria Transport Policy Institute. Victoria, B.C., Canada, 2000. www.vtpi.org/pav-bust.gdf Smart Growth Zoning Codex A Resource Guide Local Government Commission. Sacramento, 2003. To order a copy, visit www.lac.ora Travel Characteristics of Transit-Oriented Development to California Hollie Lund (CSU Poly, Pomona), Robert Cervero (UC Berkeley), Richard Wilson (CSU Poly, Pomona). Carfomia, 2004. Please contact SCANPH for a copy. Rethinking Residential Parking: Myth b Facts Southern callfornla Assoclatlon of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanph.org E -5- Non-Profit Housing Association of Northern California (NPHj. San Francisco, 2001. www.nonprofithousina ors/actioncenterltoolbox/parking/mythsandfacts pdf Reducing Housing Costs by Rethinking Parking Requirements San Francisco Planning and Urban Research Association (SPUR). San Francisco, 1998. www.spur.ora/documents/spvrhsapkg pdf Reports;. cont. Buying Time at the Curb Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 2003. www.spgsr.ucla.edu/up/webfileslbuyingtime pdf The Htgh Cost of Free Parking Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1997. www.sppsr.ucla edu/Idup/people/faculty/Shoup%20Pub%204 pdf In Ueu of Required Parking Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1999. www sppsr ucla edu~/dup/peopleJfacuity/ShouQ%20Pub%202 pdf The Trouble With Minimum Parking Requirements Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1999. www sppsr ucla edu//dupepeople/facuitvlShoup%20Pub%203 pdf Housing Shortage/Parking Surpivs: Silicon Valley's Opportunity to Address Housing Needs and Transportation Problems with lnnovattve Parking Policies Transportation and Land Use Coalition. San Jose, 2002. www.transcoalition.org/reports/hausing s/housing shortage home html Soutfwrn California Association of Non-Pwflt Housing i- 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 l PH:213-484-1249 www.scangh.org -6- Best Practice Policies Here is a quick list of jurisdictions and practices that can be used as examples: Combined Reductions in City of Los Angeles See Next Page Parking Requirements o Parking requirements reduced by .25 spaces a nd Proambty to~ an 9 City of San Diego per dwelling unit for Trpnsit Area or Very Low Income housing (Municipal Code 142.05) ParfEing Rt~quirerner-lT Reduces perking fbr iwa b,e~aam affordable Reductions fbr Santa Monica housing;.~-nits from2 spaces. per unittd 1.5 Aftordabte Housung• sp~rces pet unit. (Section 4 04 ! Q 08 040) Using Square Feet In R-4 district, parking requkements are) per Rather Than Bedrooms 1.000 ff of gross floor area. This reduces the for Parking City of Berkeley penalty that minimum parking requirements Requirements typically have on smaller units. (Section 23 .40.080) In RC-4, RSD and C-3 Districts (except. Van Lower Parking Sqn Francisco Ness Special Use Disfrict), parking requ~ement ,, Requirements in is reduced to t space per 4. units from l s~ce Downtowns with Higher< pet1unit. Arfc e 1.5 Sectio 5~) Densities and Better Fiir multi-family housing, parking ratios areal Trans(t Service Oa(Ctcancl~ per unit in higher intensity areas versus 1.5 per u~it"(t1 other areas, (Municipat Code l 7.116.OfiQt For 1 bedrooms and studios only, San Jose has Lower Parking Son Jose a 0.5 spaces per unit reduction in MPRs when " Requirements for a facility is All Open Parking" vs. "One-Car' or " Unassigned Parking Lots Two-Car Garage" (Municipal Code 20.12.215) versus Assigned Parking If open lot, parking requirements are 0.3 to 0.4 Spaces Sunnyvale spaces per unit lower than developments using one-fully enclosed garage. (Municipal Code 19.46.050) Allowing Residential Santa. Clara County - Pass is between X20 and ~ per year per Southorn CallforMa Assoclatton of Moo-Protit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanph.ora -7- D~vebpmsr-t Mttrpgers Vary Transportation perscm depending on development size and to Purchci~±~ Annvgt Authority "Re~fdent' 1 bcat~n. TtansN t'arss:ft~tAq Eca-Pass"` Residenfs~ at a D~count One-fifth the regular parking requirement for housing spec'rfically designed for and "By-right' reductions in San Francisco occupied by senior c'rfizens or physically parking requkements for handica peed persons. (Article 1.5. Section Senior and disabled -51) housing 2530 reduction of parking requirement for Berkeley housing exc~sively for persons over the age of sixty-two (62). One space per 5 residents for nursing homes. (Section 23D.40.080) If developer can: c~morrsttate that a~ Discretidnary reriucffons apartment project for residetltS with special in parking rQquirement3 CbMCofd needs will not generate b. need. For as much for senbr and diggbled parking; approving bodies have the a.uttiorfty housing. to reduo~ the number nt requ~ed parkin spclcss. {Section 10825.A3) 8outhwn CalHornla Asaoclatlon or Non-ProAt Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanph.ora -8- (_ City of Los Angeles MuMclpal Code Chapter 1, Gieneral Provisions & Zoning Section 12.22 A ZS (d) 25. Affordable Housing Incentives/Density Bonuses. (d) Affordable Housing Production Incentives. Notwithstanding any provisions of this article to the contrary, density bonus projects, and other development projects with any restricted affordable units or any affordable accessible units, shall be granted the following incentives: (1) In calculating dwelling units or guest roams, density shall be rounded upwards from fractions of one-half (1 /2) and more from that permitted by the applicable zone to allow one additional dwelling unit or guest room. (2) Parking requirements for each restricted affordable unit only shall be as follows: For a project located 1.00 parking space per within 1,500 feet of a mass dwell-ing unit, regardless transit station or major bus of the number of route habitable rooms For a project containing 1 1.00 parking space per or 2 habitable rooms and dwell-ing unit not to-cated within 1,500 feet of a transit station or major bus route For a project containing 3 1.50 parking spaces per or more habitable rooms dwelling unit and not located within 1,500 feet of a transit station or major bus route For any project containing 0.50 parking space per units designed for senior dwell-ing unit or guest citizens and/or disabled room persons For asingle-room 0.25 parking space per occupancy hotel dwell-ing unit or guest room, with a minimum of 5 parking stalls per facility Southwn CalHomla Association of Noe-Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanph.ora -9- Sample of Southern Caiifornia Minimum Parking Requirements Below is a table of many Southern Callfomia cities' minimum parking requirements (MPR) for multi-family housing. For comparison purposes, the required off-street parking spaces, including guest parking, was calculated for a hypothetical 100 unit development consisting of: 10 studios, 40 one bedroom units, 40 two bedroom units, and 10 three bedroom units. The municipalities are listed from the lowest requ~ed spaces to the highest. ~.amearal4:~ry I I 1.5 1.5 Not s~ecitted 125 1.25 Los Angeles 1 1 1;3 2 ~t3 130 1.30 Irvine t 1.4 }'.6 2 }per 4 175 1.75 Riverside (City) } .5 1.5 2 2 ns 175 1.75 Ventura (City) } 1 2 2 0.2~/unit 175 1.75 Santa Monica } 1.5 2? 2 t per 5. 190 1.90 Long Beach 1, 1.5 2 2 t per 4 195 1.95 West Hollywood 1 1.5 2 2 J.per:l 195 1.95 Santa Barbara t.25 1.5 2 2 ~: per 4 198 1.98. Pasadena I 2 2 2 1 per T~1 200 2.00: San Bernardino I~ifir) }.S 1.5 2 2.5 } p~3 200 2,00 City of Orange 1.2 1.7 2 2.2 0.2lunit 202 2.0 San Clementes' 1.5 1.5 2 2.5 0rfkte5~ 213 Zak 1 /unit up tp 34 Oxnard 1 1 2 2 unBs;o:S/unit 215 2,15' thereafter Tustin 2 2 ~ 2 1 p~ 4, 225 ~~5 Huntington Park ~ 2 2 2 1 p~r;3 233 2.33 Anaheim 1.23 2 2;~f 3 0.25lunit 238 238 Santa Ana' 2' 2 3 4 ~ e 325 3 25 ~ rtt . Note: These are merely the number of required parking spaces. This list does not include the additional regulations cities impose such as requiring that at least one space per unit be covered. These additional requirements may further impede development. 8outhorn California As~ocistlon of Nan•Proflt Hou:in9 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www,scanph.org - 10- 'Santa Ana recently changed their MPRs to more reasonable ratios. Santa Ana's municipd code still reflects these requ(rements as of 9/16/03. `" San Clemente may also use net floor area to determine MPRs. Whichever method yields the larger amount will be ernpioyed. Breakdown is as follows: To 900 sq. ft - 1.5 spaces To 1800 sq. ft - 2.0 spaces To 2700 sq. ft - 2.5 spaces Over 2700 sq. ft - 3.0 spaces Southwn Callfornla Association of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanph.org Sample of Alternative Minimum Parking Requirements Below is a table of alternative minimum parking requirements for various types of multi-family developments. Various cities have recognized that the standard requirements may not be fitting for every population, such as low income families or seniors, and have developed more reasonable requirements for sites serving to these groups. For comparison purposes, the same hypothetical development has been employed. ananetm - Senior Cathedral City - Seniar Long Beach - Special Needs LI or Senior LI los Angeles - Affordable 1 1 2 2 ns 150 1.50. 1 1 t t ns 100 1.00 1 space tar`everyt 2 bedr~bms j per 4 1 1 nep~ 1.5 (if near transit) honsit) t 5 San Clemente ~ vs p -. - 1` " 1 1 - Senior 1 2 for- managef Santa Barbara 1 1 1 - 10096. Affordable 1 n5" Santa Monica - l 1 l ~ 1.5 1 ~Qr- 5> Affordable . Ventura County -Low 1' 1 1.5:- 2 i prgr 2 income or Senior West Hollywood - 0.5 0.5 0.5. 0.5 1, 10 Senior 75 x:75 125 (105 1.25 (1.05 near transit) near transit) 122 T,22 100 ~ ,~ 145 1:4a. 180 1.8f3 60 O.b4 8outhorn California Association of Non-Pwflt Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH: 213-48U-1249 www.scanr~h.org -12- References Access municipal code language for all cities listed via the intemet. City Section Websits Anaheim 18.06.050 http://www.amlegol com/anaheim ca! Cathedral City9.58.020.F http://ordlink.com/codes/cathedral/index htm Huntington Park 9-3.804 http://ordlink.com/codes/huntinaton/index htm Irvine 4-34 http~//www ci Irvine c a us/dep ts/cd/alannfnciactivitie~h~n~ ~~~+ncmce nso Long Beach 21.41.216 http: //ci Iona-beach ca us/cityclerk/Ibm /tittR 71 /frnmR htm Los Angeles 12.21.A.4 htta: //www.lacity.ora/Iacity102 htm City of Orange17.34.060 hita: //bpc.iserver.net/codes/orange/index htm Pasadena 17.68.030 http: //vwvw.ci.pasadena ca us/cityclerk/municode as~- Riverside (City)19.74.01 OB http: //www.ci.riverside.ca.us/municipal code/Default htm San Bernardino (City) 19.24.040 httra://www.cisan- bernardino ca us/site/htm/ Deveiop mentCode2002 htm - San Clemente 17.64.050 http•/ /www bocnet com/codes/sanclemente/ Santa Ana 4-1322 h~o•// Ilvepublish mu~•+i~ode om/3/Isae<+ ~+~~BFtemolotesBFn=main-i htmd.vid 11492 Santa Barbara 28.90.100 hitoa/w~v.cisanta 49r~tttsz.~q Vs1st~Q4rtitl~DfiL95lminisiraflve services/cjty. clerk/municioal~ode/ Santa Monica 9.04.10.08.040 http://oenzci.sanfia- rrLa fcp ca us/municode/codempster/Artic~R 9/04/1 0 08 040 html Tustin 9226 http-//livepubllsh.munic~~p comlLlvePuhikh/nawnniinat-nAcae ~Gn2lnfobase-1 130 Ventura (City) 24.415.030 t$to~//lives~ubl(sh municode coml3/iaext/dN~f-temolat ~xfh-mein. Lhim&vid=10135 West Hollywood 19.28.040 http://www.weho org/index cfm~fuseaction=nav&navid=24&mode-Web Southern CalMonnla Association of Non-Profit Nousing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 (. PH:213-480-1249 www.scanph.orc~ S -13- Making a House Call Less Downtown Parking Is Parf of Proposal to Streamline Home Building by Jason Mandell, Los Angeles Downtown News The city's restrictive building codes have caused many developers to shy away from tackling much-needed housing in the Central City. But a plan released last week by a business advocacy group hopes to make the prospect more attractive to residential builders by streamlining the process. It states that revising certain codes and. zoning laws could reduce construction costs by $20,000 to $30,000 per unit. A major focus of the plan, authored by the Central City Association, is to create more high-density housing by cutting back on open space requirements and steering development toward public transportation spots. It also has the controversial aspect of aiming to reduce the number of parking spaces required for a project. The 19-page'Yvhite paper," which was unveiled last Tuesday at the Subway Terminal Building, has won the support of Mayor James Hahn and Ninth District Councilwoman Jan Perry. The plan states what most Angelenos a~-eady know - ~, L.A. is in the midst of a housing crisis. According to the CCA, the city has a net deficit of between 8,000 and 10,000 housing units. Additionally, about 15% of all units are considered substandard, and 309 of the units are overcrowded, according to the report. Developer Greg Vilkin, who heads CCA's housing production committee and oversaw the white paper, said the idea is to curb what residents consider their right to private open space and a parking spot for every car. "L.A. needs to grow up;' said Vilkin, whose company Forest City Residential West is developing several Downtown projects, including the 277-unit Subway Terminal Building. Vilkin said the CCA plan's ultimate goal is to force people to live near where they work, use public transit or rideshare, and use neighborhood parks rather than backyards. Vilkin admitted that lowering the requirements for parking spaces for new projects would negatively impact Downtown, whose lack of affordable parking has long deterred visitors and potential residents. 'There will be some short-term pain," said Vilkin. However, he said that in the long run, cutting down on parking spaces will transform the area's lifestyle. Soutb~n California Association of Non•Profit Housing 3345 Wilshire Blvd. Suite 1005, los Angeles, CA 90010 PH:213-480-1249 www.scan~h.org -14- Hahn said the high cost of meeting the current parking requirements drives away developers. He said that if more housing is constructed near bus and subway stops, the need far parking spaces will diminish. Making a Nouse Call, cont. A potentially controversial measure of the CCA plan is the elimination of prevailing wage requirements for public and private housing projects. The plan states that wage restrictions often deter developers from taking on projects because of high labor costs. The report also calls for the city to abandon certain policies that require developers to include affordable housing in market-rate projects. The plan suggests providing better incentives and subsidies for mixed-income housing. Among the plan's additional recommendations are: • Create a housing advisory committee to help developers meet code requirements. • Change building codes and zoning laws to cut costs and increase the ~` speed of the approval and construction processes. • Develop a workforce housing campaign and offer financial assistonce to "critical employees" such as police, fire, nurses and teachers. • Step up lobbying efforts for state and federal funds for market-rate and low-income housing. As part of the effort to encourage residential development, Hahn announced during the press conference that his business team is being renamed the Los Angeles Housing and Business Team. He said the CCA plan offers real solutions far building housing quickly and at lower costs. Hahn said he does not endorse every component of the initiative, and plans to further examine it. He expressed hesitation about the proposal to reduce open space requirements in development projects. "I'm not an advocate of that yet," said Hahn. Perry praised the report for seeking to entice developers to tackle projects. "1 like the fact that this paper provides incentives, not punitive measures:' Southern Callfornla Assoclatlan oT Non-Profl! Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 f PH:213-480-1249 www.scanph.org t, -15- i Perry said the plan provides a blueprint for the city's effort to increase housing production. "I'm looking forward to using this paper as a measure of our success as we move forward." Attachment C Planning Commission Resolution Nos. 3950, 3951, 3952, 3953, and 4074 RESOLUTION NO. 3950 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVE ZONE CHANGE 04-003 TO PERMIT THE DEVELOPMENT OF DETACHED CARRIAGE WAY SINGLE FAMILY DWELLING UNITS IN PLANNING AREA 4 AND 5 AND ESTABLISH RELATED DEVELOPMENT STANDARDS AND AMEND THE REQUIREMENT FOR A 10-ACRE MINIMUM DEVELOPMENT SITE FOR CONDOMINIUMS AND MULTIPLE FAMILY DWELLINGS IN PLANNING AREA 4 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Marble Mountain Partners LLC submitted a proper application for Specific Plan Amendment/Zone Change 04-003 to allow development of detached carriage way units within Planning Area 4 and 5 for the purpose of providing an alternative to the traditional single fami{y detached product without compromising the density ~~ - and development standards and to allow development of condominium projects on development sites that are less than ten (10) acres (senior housing -- for ownership tenure). B. That a public hearing was duly called, noticed, and held on said application on January 24, 2005, and continued to February 14, 2005, by the Planning Commission. C. That Zone Change 04-003 would apply to Planning Area 4 and Planning Area 5 of the MCAS Tustin Specific Plan within the City of Tustin. D. That the MCAS Tustin Specific Plan does not set forth standards for "carriage way units" and the standarcls for carriage way units are proposed as an altemative to the traditional single family detached product and is accessed from a rear alley instead of a street, which provides for a neo-traditional streetscape of residences with garages to the rear of the residences. These types of single family detached units should be permitted within Planning Areas 4 and 5 since the development standards would be identical to those for single family detached units, with the exception of the minimum rear yard setback, which would be reduced from ten (10) feet to seven (7) feet for living space and three (3) feet for garage space since access to the garage for these units would be located at the rear of the property. Resolution No. 3950 Page 2 E. That the MCAS Tustin Specific Plan sets forth a minimum development site size of ten (10) acres for condominiums and multiple family dwellings. However, it is appropriate to allow condominiums and multiple family developments to contain numerous lots or sites and be designated as a development unit on a tentative map with a minimum development unit size of eight (8) acres. A development unit, as defined by the MCAS Tustin Specific Plan, consists of all building sites, their private open space, common recreation and open space areas, and public and/or private streets serving the project. A minimum of eight (8) acres in a development unit would ensure that these types of products are located in developments of substantial size and will result in orderly, rather than fragmented, development. F. The proposed zone change supports and is consistent with the Tustin General Plan. The Land Use Element includes the City's goals and policies for the long-term growth, development, and revitalization of Tustin. Based on the summary of issues, needs, opportunities, and constraints described in the Tustin Land Use Element, ten goals are identified which include the following: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Revitalize older commercial, industrial, and residential development. 4. Improve city-wide urban design. 5. Promote economic expansion and diversification. 6. Coordinate development with provision of adequate public facilities and services. 7. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master planned development. These goals establish the framework for policies related to allocation of land use in the City and the implementation policies reflect the direction and image the City seeks for the future. The proposed Zone Change support several General Plan goals and policies, including the following: 1. The project will implement policies under the goal to achieve balanced development including: .- Resolution No. 3950 Page 3 - - a. Policy 1.10 -Ensure that the distribution and intensity of land uses are consistent with the Land Use Plan and classification system. b. Policy 6.2 -Encourage and promote high quality design and physical appearance in all development projects. c. Policy 6.4 -Preserve and enhance the City's special residential character and "small town" quality by encouraging and maintaining Tustin's low density residential, neighborhoods through enforcement of existing land use and property development standards and the harmonious blending of buildings and landscape. 2. The project will implement Housing Elements Goals and policies such as: a. Policy 1.8 -Utilize Planned Community Districts and Specific Plans to authorize and promote a variety of lot sizes and housing types. b. Policy 1.13 -Encourage the design and occupancy of housing for senior citizens and the disabled. Promote the construction or rehabilitation and adoption of dwelling units accessible to seniors and/ or the disabled. 3. The project will implement policies under the goal and policies for future development of the MCAS Tustin Specific Plan including: a. Policy 13.2 - Encourage a development pattern that offers a connectedness between buildings and uses and has a strong sense of place through architectural styles and creative landscape design. b. Policy 13.5 - Promote high quality architecture, landscaping, signage, open space design, circulation patterns, and landscape pattems distinct from surrounding areas. II. The Planning Commission hereby recommends that the City Council approve Specific Plan Amendment2one change 04-003 to allow development of "Carriage Way" units within Planning Area 4 and 5 and development of a condominium project (senior housing -- for ownership - - tenure) on parcels less than 10 acres if they are proposed as part of a tentative tract map over 10 acres as noted in Exhibit A attached hereto. Resolution No. 3950 Page 4 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 14~' day of February, 2005. ~~~~ ~ ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) N NIELSEN Chairpdrson I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3950 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14t" day February, 2005. ~~~// / -~~-~ T~~~.~f/~ ~ Ica-~.-.~' ELIZABETH A. BINSACK Planning Commission Secretary EXI:IIBIT A TO RESOLUTION N0.3950 7.4NE CHANGE 04-003 The following changes to the MCAS Tustin Specific Plan shown in underlined text represent the proposed amendment in Zone Change 04-003: 3.1.1 Plaaning Area 4 -Low Density Residential A. Permitted and Conditionally Permitted Uses The following uses shall be permitted by right where the symbol "P" occurs or by conditional use permit where the symbol "C" occurs. • Community care facilities for six or fewer persons P • Condominiums and cooperatives P Family care home, foster home or group home, for six or P fewer persons • Large family day care for seven to twelve children on P single family detached lots in accordance with the Tustin City Code • Multiple-family dwelling units (apartments) in C accordance with tenure provisions in Section 3.4.2.G - Residential care facility for elderly, for six or fewer P persons • Single-family attached dwelling units and duplexes P • Single-family detached dwelling units P • Single family detached carriage way units P • Small family day care for less than seven children on P single family detached lots B. Accessory Uses and Structures Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted use on the same site and would include: • Carports • Garages • Home occupations subject to provisions of the City Code Patio covers/trellises • Swimming pools, spas, Jacuzzis Tennis courts, basketball courts and other multi-purpose courts, recreation and community buildings C. Unlisted Uses _ _ Those uses not specifically listed are subject to a determination by the Community Development Director as either permitted, permitted subject to a conditional use permit or prohibited consistent with the purpose of the land D. designation of this planning area and the Specific Plan. Decisions of the Director are appealable to the Planning Commission. Site Development Standards -Single Family Detached 1. Maximum dwelling units - 7 dwelling units per acre 2. Minimum lot azea - 3,000 square feet 3. Minimum lot width - 35 feet 4. Maximum building height - 35 feet 5. Maximum lot coverage - 50 percent of lot area. Covered areas shall include all azeas under roof except trellis areas, roof overhangs, and covered porches outside the exterior wall. 6. Minimum building setbacks' a) Edinger Avenue - 40 feet b) Local public street - 10 feet c) Private street or private drive - 5 feet d) Interior side yard - 3 feet minimum with aggregate requirement of 10 feet for both side yazds e) Rear yard - 10 feet 7. Landscape setbacks4 a) Edinger Avenue - 30 feet 8. Landscaping a) Areas not devoted to buildings, pazking areas, hazdscape, and roads, shall be landscaped. b) Compliance with the City of Tustin Landscape and Irrigation Guidelines c) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 9. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 10. Fences and Walls a) Compliance with General Regulations Section 3.11. b) A masonry block wall shall be maintained and/or constructed along the western perimeter of the Planning Area in accordance with the General Development Regulations. 11. Other General Development Regulations (refer to Section 3.II as applicable) 12. Signage (refer to Section 3.12 as applicable) 13. Off-street parking (refer to Section 3.13 as applicable} Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Building setbacks arc measured from future right-of--way. Non-conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right- of-way. ~_ E. Site Development Standards -Carriage Way Units Definition: A type of sintrle family detached product that is located on a minimum thirty-six (361 foot wide paved street with a ten (10) foot pazkway on both sides of the paved portions of the street with a g_uaue that is located to the rear of the residence and takes access from a rear two-way alley that is a minimum of twenty-four (24 feet wide. 1. Maximum dwelling units - 7 dwellinn~; units per acre 2. Minimum lot area - 3,000 square feet 3. Minimum lot width - 35 feet 4. Maximum building height - 35 feet 5. Maximum lot coverage - 50 percent of lot area. Covered areas shall include all azeas under roof extent trellis azeas, roof overhangs, and covered orche u ide the exterior wall. 6. Minimum building_setbac a) Edinger Avenue - 40 feet b) Local public street - 10 feet c} Private street or private drive - 5 feet d) Interior side yard - 3 feet inimurn with a~>~t'e atg a requirement of 10 feet for both side yards e) Reaz yard - 3 feet for garage and 7 feet for living areas including _ _ living areas above garage h) Building to building setback- 30 feet minimum, applicable to units fronting a paseo/open space 7. Landscape setbacks4 a) Edinger Avenue - 30 feet 8. Landscaping a) Areas not devoted to buildings, parking areas., handscape, and roads. shall be landscaped. b) Compliance with the City of Tustin Landscape and Irri ag tion Guidelines c) Compliance with the Landscape Design Guidelines in Section 2.17 of this Svecific Plan 9. Bicycle and vedestrian circulation facilities shall provide connections within the Planning Area, to adiacent Planning Areas, and to citywide bicycle trails where a>3nlicable. 10. Fences and Walls a) Compliance with General Regulations Section 3.11. b) A masonry block wall shall be maintained and/or constructed along the western perimeter of the Planning Area in accordance with the General Development Regulations. - - 2 Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Building setbacks are measured from future right-of--way. Non- conforming landscape and building setbacks will be permitted to remain to accommodate existing welts or buildings not in future right-of--way. 11. Homes that side-on to a local road shall incorporate architectural ---- enhancements on the side and front view of the unit, as seen from the local road. 12. End units - a minimum back up space of three (3~ feet in addition to the width of the drive approach. 13. Other General Development Regulations (refer to Section 3.11 as a licable 14. Si rg_ia~e (refer to Section 3.12 as applicable) 1S. Off-street parking_(refer to Section 3.13 as applicable to Single Family Detached F. Site Development Standards -Single Family Attached 1. Maximum dwelling units - 7 dwelling units per acre 2. Minimum lot area per family unit - 3,000 square feet 3. Minimum lot width - no nninimum 4. Maximum building height - 3S feet S. Maximum lot coverage - 100 percent less required setbacks and open space areas 6. Common open space - 400 square feet per dwelling unit located within common, designated recreational areas. Private attached ground level patios may be credited if open on three sides. Areas not available for open space credit include all structures, streets, driveways, landscape setbacks, and parking lots. 7. Private outdoor open space -minimum private outdoor open ~--. space shall be increased to 400 square feet for existing units. 8. Minimum gross floor area per dwelling unit, excluding the garage: a) Bachelor - 4S0 square feet b) 1 Bedroom - SSO square feet c) 1 Bedroom with den - 700 square feet d) 2 Bedrooms - 750 square feet e} 2 Bedrooms or more with den - 900 square feet 9. Minimum building setbacks3 a) Edinger Avenue - 40 feet b) Local public street - 10 feet c) Private street or private drive - S feet d) Interior side yard - 3 feet minimum with aggregate requirement of 10 feet for both side yards e) Rear yard - 10 feet 10. Landscape setbacks4 a Building setbacks are measured from future right-of--way. Non-conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of--way. ' Landscape setbacks are measured from the back of the curb and are a combination of parkway, ~^ sidewalk, and planting areas. Non-conforning landscape and buiiding setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of--way. __ _ a) Edinger Avenue - 30 feet 11. Landscaping a) Areas not devoted to buildings, parking areas, hardscape, and roads, shall be landscaped. b) Compliance with the City of Tustin Landscape and .Irrigation Guidelines c) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 12. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 13. Fences and Walls a) Compliance with General Regulations Section 3.11. b) A masonry block wall shall be maintained and/or constructed along the western perimeter of the Planning Area in accordance with the General Development Regulations. 14. Other General Development Regulations (refer to Section 3.11 as applicable) 15. Signage (refer to Section 3.12 as applicable) lb. Off-street parking (refer to Section 3.13 as applicable) G. Site Development Standards -Condominiums and Multiple - Family Dwellings 1. Maximum dwelling units - 7 dwelling units per acre 2. Minimum development site - 8 acres 3. Maximum building height - 40 feet 4. Maximum lot coverage - 65 percent, less the required building and landscape setbacks 5. Common open space - 400 squaze feet per dwelling unit located within common, designated recreational areas. Private .attached ground level patios may be credited if open on three sides. Areas not available for open space credit include all structures, streets, driveways, landscape setbacks, and pazking lots. 6. Private outdoor open space -minimum private outdoor open space shall be increased to 400 square feet for existing units. 7. Minimum gross floor area per dwelling unit, excluding the garage a) Bachelor - 450 square feet b) 1 Bedroom - 550 square feet c) 1 Bedroom with den - 700 square feet d) 2 Bedrooms - 750 squaze feet e) 2 Bedrooms or more with den - 850 square feet 8. Minimum building setbacks a) Edinger Avenue - 40 feet b) Local public street - 10 feet c) Private street or private drive - 5 feet d) Interior side yard - 3 feet minimum with aggregate requirement of 10 feet for both side yards e) Rear yard - 10 feet 9. Landscape setbacks a) Edinger Avenue - 30 feet 10. Landscaping a) Areas not devoted to buildings, parking areas, handscape, and roads, shall be landscaped. b) Compliance with the City of Tustin Landscape and Irrigation Guidelines c) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 11. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 12. Fences and Walls a) Compliance with General Regulations Section 3.11. b} A masonry block wall shall be maintained and/or constructed along the western perimeter of the Planning Area in accordance with the General Development Regulations. 13. Other General Development Regulations (refer to Section 3.11 as applicable) 14. Signage (refer to Section 3.12 as applicable) 15. Off-street parking (refer to Section 3.13 as applicable) H. Special Development or Reuse Requirements 1. Concept plan approval shall be required for Planning Area 4 prior to reuse or development (refer to Section 4.2.1 of this Specific Plan). 2. Development unit -Planning Area 4 shall be developed or redeveloped as a single development unit. 3. Affordability -The following minimum affordable housing production objectives are intended to reflect the intention of the City to create a redevelopment project area .(Community Redevelopment Law; section 33000) and as needed to meet Regional Housing Allocation needs as identified in the Housing Element of the General Plan through the provision of s Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Building setbacks are measured from future right-of--way. Non- conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of--way. ~ - __ housing for households at very low, low, and moderate incomes levels. Specific housing requirements for redevelopment and Housing Element compliance will be established at the time of development project approval to ensure uniformity with the Housing Element of the General Plan and other applicable provisions of California Law and to achieve the following: a) At least 15% of units for initial occupancy by very low income to moderate income households for redevelopment, with 6% (or 40%) of units affordable to very low income households. b) At least 38 additional units for occupancy by low income households. c) At least 15 additional units for occupancy by moderate income households. d) Restricted affordable housing units shall be reasonably dispersed throughout the project and shall be compatible with the design and use of market rate units in appearance, use of materials, and finished quality. Restricted units shall be affordable for at least the - -- minimum period of time required by state law, or longer if required by a construction or mortgage financing assistance program. e) Prior to issuance of a certificate of use and occupancy, a developer shall enter. into a legally binding agreement with the City of Tustin or its Redevelopment Agency, and agree to deed restrictions on targeted affordable housing units that are binding on property upon sale or transfer. Said agreements shall address the following: 1) Number of units by type, location, bedroom count 2) Standards for qualifying income and maximum rents or sales prices 3) Parties responsible for sales prices and incomes f) The City of Tustin reserves the right to negotiate transfer of a developer's obligation pursuant to this section off- site as acredit for affordable units which cannot be reasonably feasible to provide on-site which shall be at the City's sole and absolute discretion. To ensure comparable equivalent value of an off-site option or exchange for not providing on-site affordable units, a financial affordability gap analysis will be conducted by the City, at developer's cost, to compare the value of the off-site option and the affordability gap cost of providing on-site affordable housing. 4. Tenure -Reuse/development in Planning Area 4 shall be _ . preferably ownership tenure, Development of apartments is a discretionary action requiring approval of a conditional use . permit. Consideration of a conditional use permit should include the City's preference for ownership tenure, and in any event, no more than 25 percent of the total number of units permitted within the City of Tustin portion of the Specific Plan may be approved far apartments. 5. Existing structures to be reused shall be brought into conformance with applicable provisions of the Uniform Building Code as amended by the City, State of California Title 24 Access Compliance (handicapped provisions), and requirements of the Americans with Disabilities Act (ADA). 6. Utility metering modif cations and/or provision of independent utility services shall be committed to by agreement between the City of Tustin and those agencies receiving property in the PA 4 prior to use and occupancy of existing buildings and/or new development. Said agreement shall identify required capital/infrastructure improvements and environmental impact report mitigations. I. Development or Reuse Guidelines 1. Existing housing units shall be aesthetically upgraded through -~ architectural and landscape improvements to appear consistent in quality with private market housing in the surrounding neighborhoods of Tustin and Irvine. Such improvements shall be completed prior to issuance of use and occupancy permits. The improvements may include, but are not limited to, the following: a) Upgraded facade treatments, including use of plaster or stucco, wood siding, brick, stone, and other approved materials b) Upgraded window types and treatments (i.e. trim) c) Upgraded roofing materials and extension of roof overhangs d) Updated color scheme for buildings and walls e} Enhancement of private patios and balconies f) Upgraded appearance of unit entrances, including doorways, walkways, decorative paving g) Improved landscape design of front yards and common areas h) Consistent landscape treatment along local roads i) Extensive planting of trees and shrubs throughout the site j) Decorative treatment of all exposed site walls k) Upgraded driveways 2. 1) Decarative paving and other hardscape amenities for pedestrian paths in common areas m) Improvements to common recreational areas .including provision of shelters, lighting, and refurbishing of facilities n) Creation of project entryways through signage and landscape design o) Upgraded and consistent signage, including project identification, addressing, and directional signs p) Enhanced lighting scheme for units, common areas, paths, and parking areas q) Application of defensible space techniques in landscaping and lighting The existing boundary wall along Edinger Avenue shall be aesthetically improved with stucco or other facade treatment, color, and a decorative wall cap, as shown in the example below. S~A~b~ ~4~oNb t~L6 __ _ _ ~ ..~ J ~_ _ "' aICT/ND WALL .._ _. .. A4oN6 t'O~N~- _ -- - ' ~ _ J - _. 3 4. In the event that infill development shall occur, the following guidelines shall apply: a) Consistency with scale massing, and setbacks of existing structures. b) Compliance with re-use guidelines that pertain to the surrounding structures. c) Compliance with appropriate landscape and pazking standards. Demolition of structures may be as required by Tustin to be undertaken under the following conditions: 1) where information determines the need for demolition to eliminate public health and safety risks, 2) to improve the appeazance of the Planning Area, 3) to accommodate the completion of major roadway improvements, and 4) to properly implement the land use intent of this Planning Area. A summary of the key design guidelines for the Low Density _~ Residential Planning Area is provided in Figure 3-4. 3.1.1 Planning Area 5 -Medium Density Residential A. Permitted and Conditionally Permitted Uses The following uses shall be permitted by right where the symbol "P" occurs or by conditional use permit where the symbol "C" vccurs. • Churches and other religious institutions C • Community care facilities for six or fewer persons P Condominiums and cooperatives P Convalescent hospital C Family care home, foster home or group home, for six or P fewer persons • Large family day care for seven to twelve children on P single family detached lots in accordance with the Tustin City Code • Multiple-family dwelling units (apartments) in C accordance with tenure provisions in Section 3.4.3.H • Patio homes P Private school C • Public or private preschools C Fire Station P ._ _. Public/private utility building facility C Residential care facility for elderly, for six or fewer P persons • Single-family attached dwelling units and duplexes P • Single-family detached dwelling units P Carriage Way units P • Small family day care for less than seven children on P single family detached lots B. Accessory Uses and Structures Accessory uses and structures aze permitted when customarily associated with and subordinate to a permitted use on the same site and would include: • Carports • Garages Home occupations subject to provisions of the City Code Patio covers/trellises • Swimming pools, spas, Jacuzzis Tennis courts, basketball courts and other multi-purpose courts, recreation and community buildings C. Unlisted Uses Those uses not specifically listed are subject to a determination by the Community Development Director as either permitted, permitted subject to a conditional use permit or prohibited consistent with the purpose of the land designation of this .~. planning area and the Specific Plan. Decisions of the Director are appealable to the Planning Commission. D. Site Development Standards -Single Family Detached 1. Maximum dwelling units - 15 dwelling units per acre 2. Minimum lot area - 3,000 square feet 3. Minimum lot width - 35 feet 4. Maximum building height - 35 feet 5. Maximum lot coverage - 50 percent of lot area. Covered areas shall include all areas under roof except trellis areas, roof overhangs, and covered porches outside the exterior wall. 6. Minimum building setbacksl a) North Loop Road - 25 feet b) West Connector - 20 feet c) Local public street - I O feet d) Private street or private drive - 5 feet e) Interior side yazd - 3 feet minimum with aggregate requirement of 10 feet for both side yards ~ Reaz yard - 10 feet 7. Landscape setbacksg a} North Loop Road - 30 feet b) West Connector - 20 feet ~--, 8. Landscaping a} Compliance with the City of Tustin Landscape and Irrigation Guidelines b) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 9. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails •where applicable. 10. A corner triangular-shaped setback of 60 feet, measured from the intersection of the curb lines at North Loop Road and Armstrong Avenue shall be provided for a secondary. community intersection treatment (see Section 2.17 for landscape guidelines). 11. A portal intersection treatment shall be provided at Edinger Avenue and West Connector (see Section 2.17 for landscape guidelines}. 12. Other General Development Regulations (refer to Section 3.11 as applicable) 13. Signage (refer to Section 3.12 as applicable) 14. Off-street parking (refer to Section 3.13 as applicable) E. Site Development Standards -Carnage Way Units Definition: A tune of sin lei family detached product that is located on a minimum irty-six (361 foot wide paved street with a ten (10 foot parkwa~on both sides of the paved portions of the street with a garage that is located to the rear of the ~ Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Non-conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of--way. Building setbacks are measured from future right-of--way. _ _ residence and takes access from a rear two-way alley that is a minimum of twenty- four (241 feet wide. 1. Maximum dwelling units - 7 dwelling units per acre 2. Minimum lot area - 3,000 square feet 3. Minimum lot width - 35 feet 4. Maximum building height - 35 feet 5. Maximum lot coverage - 50 percent of lot area. Covered areas shall include all areas under roof except trellis areas, roof overhangs, and covered porches outside the exterior wall. 6. Minimum building setbacks2 a) Edinger Avenue - 40 feet b) Local public street - 10 feet c) Private street or private drive - 5 feet d) Interior side yard - 3 feet minimum with. aggregate requirement of 10 feet for both side yards e) Reaz Yazd - 3 feet for garage and 7 feet for living areas includin lQ ivinu azeas above garage hl Building to building setback- 30 feet minimum, applicable to units fronting a paseo/ouen space 7. Landscape setbacks4 - - a) FdinQ~er Avenue - 30 feet Landscaping b) Areas not devoted to buildings, parking areas, hazdscape, and roads, shall be landscaped. c) Compliance with the City of Tustin Landscape and Irrigation Guidelines d) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 8. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adiacent Planning Areas. and to citywide bicycle trails where applicable. 9. Fences and Walls a) Compliance with General Regulations Section 3.11. b) A masonry block wall shall be maintained and/or constructed along the western Qerimeter of the Planning, Area in accordance with the General Development Regulations. 11. Homes that side-on to a local road shall incorporate architectural enhancements on the side and front view of the unit. as seen from the local road. 12. End units - a minimum back up space of three (3) feet in addition to the width of the drive approach. 13. Other General Development Regulations (refer to Section 3.11 as applicable 14. Signage (refer to Section 3.12 as applicable) Landscape setbacks arc measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Building setbacks are measured from future right-of--way. Non-conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of--way. 15. aff--street parkin{ (refer to Section 3.13 as applicable to Single Family __. Detach F. Site Development Standards -Single Family Attached 1. Maximum dwelling units - 15 dwelling units per acre 2. Minimum lot area per family unit - 3,000 square feet 3. Minimum lot width - no minimum 4. Maximum building height - 35 feet 5. Maximum lot coverage - 100 percent less required setbacks and open space areas 6. Common open space - 400 square feet per dwelling unit located within common, designated recreational areas. Private attached ground Level patios may be credited if open on three sides. Areas not available for open space credit include all structures, streets, driveways, landscape setbacks, and parking lots. 7. Minimum gross floor area per dwelling unit, excluding the garage: a) Bachelor - 450 square feet b) 1 Bedroom - 550 square feet c) 1 Bedroom with den- 700 square feet d) 2 Bedrooms - 750 square feet e) 2 Bedrooms or more with den - 900 square feet 8. Minimum building setbacks3 a) North Loop Road - 25 feet b) West Connector - 20 feet c) Local public street - 10 feet d) Private street or private drive - 5 feet e) Interior side yazd - 3 feet minimum with aggregate requirement of 10 feet for bath side yards fl Rear yazd - 10 feet 9. Landscape setbacks4 a) North Loap Road - 30 feet b) West Connector - 20 feet 10. Landscaping a) Compliance with the City of Tustin Landscape and Irrigation Guidelines b) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 11. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. I2. A corner triangulaz-shaped setback of 60 feet, measured from the intersection of the curb lines at North Loop Road and Armstrong Avenue shall be ' Building setbacks are measured from future right-of--way. Non-confotTning landscape and building setbacks will ._ be permitted to remain to accommodate existing walls or buildings not in future right-of--way. 4 Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Non-conforming landscape and building setbacks will be permitted to remain to accommodate ~: existing walls or buildings not in future right-of--way. provided for a secondary community intersection treatment (see Section 2.17 for landscape guidelines). 13. A portal intersection treatment shall be provided at Edinger Avenue and West Connector (see Section 2.17 for landscape guidelines). 14. Other General Development Regulations (refer to Section 3.11 as applicable) 15. Signage (refer to Section 3.12 as applicable) 16. Off-street pazking (refer to Section 3.13 as applicable) G. Site Development Standards -Condominiums and Multiple Family Dwellings 1. Maximum dwelling units - 15 dwelling units per acre 2. Minimum lot area -none, refer to Section 3.4.3.G. 3. Maximum building height - 40 feet 4. Maximum lot coverage - 65 percent, less the required building and landscape setbacks 5. Common open space - 400 square feet per dwelling unit located within common, designated recreational areas. Private attached ground level patios may be credited if open on three sides. Areas not available for open space credit include all structures, streets, driveways, landscape setbacks, and pazking lots. 6. Minimum gross floor area per dwelling unit, excluding the gazage a) Bachelor - 450 square feet b) 1 Bedroom - 550 square feet c) 1 Bedroom with den - 700 square feet d) 2 Bedrooms - 750 square feet e) 2 Bedrooms or more with den - 8S0 square feet 7. Minimum building setbacks s a) North Loop Road - 25 feet b) West Connector - 20 feet c) Local public street - 10 feet d) Private street or private drive - 5 feet e) Interior side yard - 3 feet minimum with aggregate requirement of 10 feet for both side yards f) Rear yard - 10 feet 8. Landscape setbackstl a) North Loop Road - 30 feet b) West Connector - 20 feet 9. Landscaping a) Compliance with the City of Tustin Landscape and Irrigation Guidelines b) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 10. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. s Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Building setbacks are measured from future right-of--way. Non-conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of--way. 11. A corner triangular-shaped setback of 60 feet, measured from the intersection -_.. of the curb lines at North Loop Road and Armstrong Avenue shall be provided for a secondary community intersection treatment (see Section 2.17 for landscape guidelines). 12. A portal intersection treatment shall be provided at Edinger Avenue and West Connector (see Section 2.17 for landscape guidelines). 13. Other General Development Regulations (refer to Section 3.11 as applicable) 14. Signage (refer to Section 3.12 as applicable) 15. Off-street parking (refer to Section 3.13 as applicable) H. Site Development Standards -Patio Homes 1. Maximum dwelling units - 15 dwelling units per acre 2. Minimum lot area -none, refer to Subsection 3.4.3.H. below 3. Building site requirements -patio home subdivisions shall be designated as a development unit on a tentative map. 4. Maximum building height - 35 feet 5. Maximum lot coverage - 100 percent, less required building and landscape setbacks 6. Common open space - 400 square feet per dwelling unit located within common, designated recreational areas. A minimum of 150 square feet may be for private use if located on ground level and open on three sides. Areas not available for open space credit include all structures, streets, driveways, landscape setbacks, and parking lots. 7. Minimum gross floor area per dwelling unit, excluding the garage - 900 square feet 8. Maximum number of four bedroom units - 30 percent 9. Minimum building setbacks6 a) North Loop Road - 25 feet b) West Connector - 20 feet c) Local public or private street -The minimum building setback shall be 10 feet from a public or private street. An attached or detached garage may be setback a minimum of 5 feet-from a public or private street. If living areas are provided above garages, garage setbacks shall apply provided that no more than 75 percent of the units along the street frontage have living space over a garage with less than a 10 foot setback. All units located along both sides of a street segment shall be included when calculating the above 75 percent determination, regardless of whether they front, side, or rear load on that section of a street. A garage shall not be setback between 9 feet and 19 feet from the right-of--way line. Garages setback 9 feet or less shall be equipped with an automatic garage opener. d) Private drives and courts -The minimum building setback shall be 7 feet in a private court or on a private drive not located within a court. An attached or detached garage may be setback a minimum of 3 feet _ c Building setbacks are measured from futurc right-of--way. Non-conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of--way. provided that no more than 50 percent of the length of the building frontage over the total length of the drive or court is setback less than 7 feet. In calculating the total length of the drive or court and the length of building frontage, the length of building and street frontage on both sides of the drive or court shall be used. If living areas are provided above garages, garage setback shall apply. The minimum 3 foot garage setback shall be increased where necessary to accommodate required sidewalks. A garage shall not be setback between 9 feet and 19 feet from the right-of--way line. Garages setback 9 feet or less shall be equipped with an automatic garage opener. A minimum distance of 40 feet shall be maintained between ground floor living areas on units across from each- other in a court, on a drive, or on a shared driveway. e) Minimum distance between buildings - The minimum horizontal distance between adjacent buildings shall be 10 feet. The minimum distance between buildings may be reduced to 6 feet for no more than a maximum length of 25 feet of a building elevation, provided that there are no windows on one elevation for that portion of the building elevation with less than a 10 foot setback. If living areas are provided above garages, garage setbacks shall apply. f) Tract boundary -The minimum building setback from any tract boundary shall be 10 feet. If the tract boundary is adjacent to a park or other permanent open space, the minimum building setback shall be 5 _ . feet. 10. Landscape setbacks a) North Loop - 30 feet b) West Connector - 20 feet 11. Landscaping a) Compliance with the City of Tustin Landscape and Irrigation Guidelines b) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 12. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 13. A corner triangular-shaped setback of 60 feet, measured from the intersection of the curb lines at North Loop Road and Armstrong Avenue shall be provided for a secondary community intersection treatment (see Section 2.17 for landscape guidelines}. 14. A portal intersection treatment shall be provided at Edinger Avenue and West Connector (see Section 2.17 for landscape guidelines). 15. Other General Development Regulations (refer to Section 3.11 as applicable) 16. Signage (refer to Section 3.12 as applicable) 17. Off-street parking (refer to Section 3.13 as applicable) ~ Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Non-conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of--way. I. Special Development Requirements ~_ 1. Concept plan approval shall be required for Planning Area 5 prior to development (refer to Section 4.2.1 of this Specific Plan). 2. Affordability -The following minimum affordable housing production objectives are intended to reflect the intention of the City to create a redevelopment project azea (Community Redevelopment Law, section 33000) and as needed to meet Regional Housing Allocation needs as identified in the Housing Element of the General Plan through the provisions of housing for households at very low, low and moderate income levels. Specific housing requirements for redevelopment and Housing Element compliance will be established at the time of development project approval to ensure uniformity with the Housing Element of the General Plan and other applicable provisions of California Law and to achieve the following: a) At least 15% of units for initial occupancy by very low income to moderate income households for redevelopment, with 6% (or 40%) of units affordable to very low income households. b) At least 38 additional units for occupancy by low income households. c) At least 16 additional units for occupancy by moderate income households. d} Restricted affordable housing units shall be reasonably dispersed throughout the project and shall be compatible with the design and use of market rate units in appearance, use of materials, and finished _-_. quality. Restricted units shall be affordable for at least the minimum period of time required by state law, or longer if required by a construction or mortgage financing assistance program. e) Prior to issuance of a certificate of use and occupancy, a developer shall enter into a legally binding agreement with the City of Tustin or its Redevelopment Agency, and agree to deed restrictions on targeted affordable housing units that are binding on property upon sale or transfer. Said agreements shall address the following: 1) Number of units by type, location, bedroom count 2) Standards for qualifying income and maximum rents or sales prices 3) Parties responsible for sales prices and incomes f} The City of Tustin reserves the right to negotiate transfer of a developer's obligation pursuant to this section off-site as a credit for affordable units which cannot be reasonably feasible to provide on-site which shall be at the City's sole and absolute discretion. To ensure comparable equivalent value of an off-site option or exchange for not providing on-site affordable units, a financial affordability gap analysis will be conducted by the City, at developer's cost, to compare the value of the off-site option and the affordability gap cost of providing on-site affordable housing. 3. Tenure -Development in Planning Area 5 of apartments is a discretionary - action requiring approval of a conditional use permit. In considering a conditional use permit, no more than 25 percent of the total number of units __ permitted within the Tustin portion of the Specific Plan area may be approved far apartments. 4. Condominiums and multiple family development may contain numerous lots, but shall be designated as a development unit on a tentative map. The minimum size for a development unit shall be 10 acres. J. Development Guidelines 1. Buildings should be staggered along North Loop Road to provide variety along the streetscape. 2. The use of sound walls should be minimized through building site location. 3. Demolition of structures may be required by Tustin to be undertaken under the following conditions: 1) where information determines the need for demolition to eliminate public health and safety risks, 2} to improve the appearance of the Planning Area, 3) to accommodate the completion of major roadway improvements, and 4) to properly implement the land use intent of this Planning Area. A summary of the key design guidelines for the Medium Density Residential Planning Area is provided in Figure 3-4. RESOLUTION NO. 3951 A RESOLUTION OF THE PLANNING COMMISSION APPROVING CONCEPT PLAN 03-003 TO SUBDIVIDE 105.5 ACRES (GROSS) AND DEVELOP 1,077 RESIDENTIAL UNITS BOUNDED BY EDINGER AVENUE ON THE NORTH, VALENCIA NORTH LOOP ROAD ON THE SOUTH, AN INDUSTRIAL BUSINESS PARK AND SEVERYNS ROAD ON THE WEST, AND WEST CONNECTOR ROAD ON THE EAST WITHIN PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS- TUSTIN SPECIFIC PLAN (PARCEL 23 AND PARCEL 24) The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That Marble Mountain Partners LLC submitted a proper application for Concept Plan 03-003 to subdivide 105.5 acres for the purpose of developing 1,077 residential units including 84 Single Family Detached (SFD), 181 Carriage Way SFD, 72 Multiple Family Attached (senior housing -- for ownership tenure) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 - (Parcel 23) and 18 carnage way units, 552 Multiple Family Attached (MFR), 170 Multiple Family Attached (senior housing --- for ownership tenure) for a total of 740 units at an Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS Tustin Specific Plan; B. That pursuant to Section 4.2.1 of the MCAS Tustin Speck Plan, submittal of a concept plan for development of planning areas is required prior to or concurrent with an initial subdivision application; C. That Marble Mountain Partners LLC has submitted concurrent development applications identified as Tentative Tract Map 16581, Design Review 04-006, Specific Plan Amendment/Zone Change 04-003, and a request for incentives for the provision of affordable housing and a request to transfer affordable housing units from Planning Area 4 to Planning Area 5; and, D. With development of this site, the applicant has requested a density bonus, density averaging, and an affordable housing plan for transfer of lower income and moderate income units from Planning Area 4 to Planning Area 5, which will be binding with execution of a ---- - Housing Agreement. Resolution No. 3951 Page 2 ~ . That Concept Plan 03-003 is in conformance with the Tustin Area ..- General Plan and MCAS Tustin Specific Plan and approval of Concept Plan 03-003, subject to conditions contained in Resolution __ _ Nos. 3952, 3953, and 3954, would achieve the development concepts set forth by the MCAS Tustin Specific Plan, including: 1. Ensuring the continuity and adequacy of all circulation systems, such as: roadways, access paints, trails, pedestrian ways, and other infrastructure systems needed to serve the project; 2. Ensuring the continuity and design quality of architecture, landscape, and hardscape themes and treatments; 3. Providing urban design features as per Chapters 2 and 3 of the MCAS Tustin Specific Plan; 4. Ensuring conformity with the Non-Residential Land Use Trip Budget; and, 5. Ensuring compliance with all applicable provisions of the MCAS Tustin Specific Plan. II. The Planning Commission hereby approves Concept Plan 03-003 for the development of 1,077 residential units, subject to the conditions of approval attached hereto. PASSED AND ADOPTED at a regular m~ng`of ~ ~u~n Planning Commission held on the 14`~ day of February, ' - - ~ ~ , ~~_11 `- Jr~IN NIELSEN ,.~ ~ Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3951 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14"' day February, 20/0.5'./ ELIZABETH A. B NSACK Planning Commission Secretary EXHIBIT A -CONCEPT PLAN 03-003 RESOLUTION NO. 3951 CONDITIONS OF APPROVAL (1) (1) (1) Concept Plan 03-003 is approved for development of 1,077 residential units in Planning Area 4 and Planning Area 5 as follows: 1.1 Planning Area 4 (Parcel 23) 84 Single Family Detached (SFD) 181 Carriage Way SFD 72 Multiple Family Attached (Senior Housing -- for ownership tenure) Total: 337 units Average density of 8.62 du/acre Planning Area 5 (Parcel 24) 18 Carriage Way units 552 Multiple Family Attached (MFR) 170 Multiple Family Attached (Senior Housing -- for ownership tenure) Total: 740 units Average density 17.53 du/acre 1.2 The approved concept plan is subject to execution of a Housing Agreement between Marble Mountain Partners LLC and City of Tustin in conformance with the requirements of the density bonus application and as approved by the City Council. All entitlements of Concept Plan 03-003 will become null and void in case of any default of terms and conditions of the Housing Incentive Agreement. 1.3 Resolution No. 3951 shall become null and void in the event that Resolution Nos. 3950, 3952 approving Specific Plan Amendment/ Zone Change 04-003, Design Review 04-006, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 4 to Planning Area 5, are not approved by the City Council. (1) 1.4 Approval of Concept Plan 03-003 shall be contingent upon all conditions of approval contained within Resolution Nos. 3949, 3950, 3952, and 3953. RESOLUTION NO. 3952 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 16581 TO SUBDIVIDE 105.5 ACRES BOUNDED BY EDINGER AVENUE ON THE NORTH, VALENCIA NORTH LOOP ROAD ON THE SOUTH, AN INDUSTRIAL BUSINESS PARK AND SEVERYNS ROAD ON THE WEST, AND WEST CONNECTOR ROAD ON THE EAST FOR THE PURPOSE OF DEVELOPING 1,077 RESIDENTIAL UNITS WITHIN PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS-TUSTIN SPECIFIC PLAN (REUSE PLAN DISPOSAL PARCEL 23 AND PARCEL 24) The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Tentative Tract Map No. 16581 was submitted by Marble Mountain Partners LLC requesting subdivision of a 105.5 acre site, into 386 numbered lots and 186 lettered lots for the purpose of development of 1,077 residential units; including 84 Single Family Detached (SFD), 181 Carriage Way SFD, 72 Multiple Family Attached (Senior Housing -for ownership tenure) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 570 Multiple Family Attached (MFR), 170 Multiple Family Attached (Senior Housing -- for ownership tenure) for a total of 740 units at an Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS-Tustin Specific Plan, generally bounded by Edinger Avenue on the north, West Connector Road to the east, an industrial office park to the west, and Valencia/North Loop Road to the south; B. That a public hearing was duly called, noticed, and held for said map on January 24, 2005, and continued to February 14, 2005, by the Planning Commission, and the density bonus and transfer of affordable units was considered concurrently with the development applications; C. As conditioned, the proposed subdivision will be in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan as proposed to be amended by Zone Change 04-003, State Subdivision Map Act and the City's Subdivision Code; - D. That the proposed subdivision is in conformance with the MCAS Tustin Specific Plan as amended by Resolution No. 3950 for approval of Specific Plan AmendmenUZone Change 04-003; E. That the site is located in Planning Area 4 of the MCAS Tustin Specrfc Plan, which is designated for Low Density Residential (1-7 Resolution No. 3952 TTM 16581 Page 2 units/acre) and Planning Area 5 of MCAS Tustin Specific Plan which is designated for Medium Density Residential (8-15 units/acre) and that the development as conditioned will be physically suitable for the type of development and proposed density of development; F. The applicant will be required to provide funding towards the project's fair share of Tustin Legacy Backbone Infrastructure Program, which includes improvements that are required to serve new development at MCAS-Tustin, including but not limited to roadway improvements; traffic and circulation mitigation to support development at the former MCAS-Tustin project; domestic and reclaimed water; sewer; telemetry systems; storm drains and flood control channels; retention and detention systems, open space and public recreational facilities and; utility backbone systems. G. That the proposed subdivision would not have an impact on school district facilities within the Tustin Unified School District in that school impacts for development were considered in the MCAS Reuse Plan which ident~ed school facility sites that will be conveyed to the Tustin Unified School District by the Federal Department of Education or the City of Tustin to serve development of property at the former MCAS Tustin. The MCAS Tustin Specific Plan, and the Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the Tustin Unified School District prior to issuance of certificates of use and occupancy, which will be collected prior to issuance of building permits in accordance with the City's procedures; H. That the design of the subdivision or the proposed improvements are nvt likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area dated August 9, 2002. J. That development of the site will require the developer to dedicate in fee title property to the City of Tustin including portions of Severyns Road to the City of Tustin for public roadways and utility purposes as shown on the Tentative Tract Map 16581. K. To ensure there is adequate infrastructure to support buildout of the project, construction of all public infrastructure and in-tract private streets and utility systems is required within the initial phase of Resolution No. 3952 T?M 16581 Page 3 development. In addition, to ensure orderly development and the systematic provision of required affordable housing, construction phasing of affordable units will be required to be reasonably proportionate to market rate units. L. That the MCAS Tustin Specific Plan requires the provision of affordable housing affordable to very low, low, and moderate income level persons. The applicant has submitted a request for incentives for the development of affordable housing (i.e., density bonus) in Planning Areas 4 and 5 and has requested the transfer of 22 affordable units (8 Very Low and 14 Moderate income) from Planning Area 4 and Planning Area 21 to Planning Area 5 and 25 (8 Very Low and 15 Low income) from Planning Area 21 to Planning Area 5. In accordance with Section 3.9.4.1.3.f of the MCAS Tustin Specific Plan, which provides for the transfer of affordable housing unit obligations to an off-site location at the City's sole discretion, the transfer of these units is appropriate in that they are proposed to be located in condominium units (including senior housing -for ownership tenure) project in Planning Area 5, which will offer equivalent housing opportunities. The applicant will be required to enter into a Housing Incentive - Agreement to ensure the provision of affordable housing. M. That the MCAS Tustin Specific Plan process included public conveyance of City parks and an Urban Regional Park and individual developers were relieved of the requirement to dedicate land for park purposes; however, the developer is required to provide funding toward the project fair share of Tustin Legacy Open Space and Recreational facilities including payment of a parkland dedication in-lieu fee subject to the provisions of the MCAS Tustin Specific Plan and the City's parkland dedication ordinance (Section 9331 of the Tustin City Code), which permits a credit for public recreational open space if affordable housing is being provided. The subdivider is providing 4.9 acres of private parkland in the proposed subdivision and has requested a waiver of parkland dedication fees pursuant to Section 9931 d(1)(c) of the Tustin City Code for the 241 affordable housing units to be provided in the subdivision and a credit for 3.66 acres private parkland that will be provided and accessible to the public on the park site through public easements on the development site. It is appropriate to waive a portion of the fees since affordable housing units will be provided within Planning Area 4 and 5 and provide a credit for a - - portion of the park areas that will be accessible to the public. N. With development of this site, the applicant has requested a density bonus, density averaging, and an affordable housing plan for transfer of lower income and moderate income units from Planning Resolution No. 3952 TTM 16581 Page 4 Area 4 and Planning Area 21 to Planning Area 5, which will be binding with execution of a Housing Incentive Agreement. Since 63 percent of the affordable units required for the project site are located in the senior housing project (for ownership tenure), no portions of the project shall be subdivided until design, phasing, and tenure of the senior housing project is completed to satisfaction of Community Development Department. In addition, to ensure orderly development and the systematic provision of required affordable housing, construction phasing of affordable units will be required to be reasonably proportionate to market rate units. O. Section 9121 of the Tustin City Code requires the granting of a density bonus of twenty-five (25) percent of the total units and at least once concession or incentive when an applicant agrees to provide at least twenty (20) percent of the total units (excluding the density bonus) of the housing development as target units affordable to lower income households (i.e., Target Units). The applicant is providing 186 target units and requested a density bonus for construction of 182 units in Planning Area 4 and 5. No financial incentive has been requested. P. That the Building Official has considered and approved deviations to the Private Improvement Standard to allow turning radii of less than 25 feet for private drives when acceptable turning radii for a forty (40) foot long by eight (8) feet wide moving truck is demonstrated on the Circulation Plan. Q. That a Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR) was prepared and certified, which considered the development of low density development within Planning Area 4 and medium density development within Planning Area 5. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified; all applicable mitigation measures in the FEIS/EIR have been included as conditions of approval. The Planning Commission has adopted Resolution No. 3949 recommending that the City Council find that the FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan adequately addressed all potential impacts related to the subdivision. II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 16581 for the subdivision of 105.5 (gross) acre site into 386 numbered lots and 186 lettered lots for the purpose of developing 1,077 residential units; including 337 units within Planning Area 4 and 740 units in Planning Area 5 (Parcel 23 and Parcel 24), subject to the conditions contained in Exhibit A attached hereto. Resolution No. 3952 TTM 16581 Page 5 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 14"' day of Febru~ry`200. 5,,.-~-~ \ JO 9~~1 NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3952 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14"' day of February, 2005. ELIZABETH A. BINSACK `~ Planning Commission Secretary EXHIBIT A -TENTATIVE TRACT MAP 16581 RESOLUTION N0.3952 CONDITIONS OF APPROVAL GENERAL (1) 1.1 Within 24 months from tentative map approval, the subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.0$ of the Tustin Municipal Code. Prior to submittal for initial City review, all corrections noted herein shall be made. A revised tentative tract map that includes all corrections contained herein shall be submitted prior to the issuance of any permits or submittal of the first final tract map, whichever occurs first. If multiple final maps are proposed, each map shall comply with all requirements herein and the requirements for phasing set forth in Condition 2.1. (1) 1.2 Resolution No. 3952 shall become null and void in the event that Resolution Nos. 3950, 3951, 3953 approving Concept Plan 03- 003, Specific Plan Amendment/Zone Change 04-003, Design Review 04-006, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 4 and 21 to Planning Area 5 is not approved by the City Council. (1) 1.3 Approval of Resolution No. 3952 is contingent upon the applicant 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 notarized "Notice of Discretionary Permit Approval and Conditions of Approval" fomn. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department 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 Resolution No. 3952 TTM 16581 Page 2 (1) 1.4 The final tract map(s) shall be developed in accordance with Resolution Nos. 3949, 3950, 3951, and 3953 approving Concept Plan 03-003, Specific Plan Amendment/Zone Change 04-003, Design Review 04-006, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of forty- seven (47) required affordable housing units from Planning Area 21 and Planning Area 4 to Planning Area 5. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. (1) 1.5 The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, the MCAS Tustin Specific Plan, applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City of Tustin, unless otherwise modified by this Resolution or Resolution Nos. 3949, 3950, 3951, and 3953. (5) 1.6 Prior to recordation of the first final map, the subdivider shall be required to execute bonds or pay fees for grading permits, Quimby Act obligations, and Tustin Legacy Backbone Infrastructure Program improvements as determined by the City Council, required to be made by the developer pursuant to City procedures. (1) 1.7 Prior to recordation of the final map, the subdivider shall execute a subdivision and monumentation agreement and furnish the improvement and monumentation bonds as required by the City Engineer. (1) 1.8 Prior to final map approval by the City Council, the subdivider shall execute a hold-harmless agreement and provide a Certificate of Insurance pursuant to Section 9325 of the Tustin City Code. (1) 1.9 The subdivider shall not oppose any future creation of a landscape and lighting district for maintenance within the public right-of-way or of public parkland, or community facilities district for funding of Tustin Legacy backbone infrastructure or municipal service provision to the project site, or a future community facilities district for school purposes. (1) 1.10 Prior to final map approval, the subdivider shall submit: A. A current title report; and, B. A duplicate mylar of the Final Map, or 8'/i inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance. Exhibit A Resolution No. 3952 TTM 16581 Page 3 (1) 1.11 Upon recordation of any final map or submittal of an application for building permits, the applicant shall obtain new addresses from the Engineering Division. (1) 1.12 As a condition of approval of Tentative Tract Map 16581, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project or from any potential flooding impacts. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.13 As required by Amendment No. 1 to the Joint Cooperative Agreement between the City, the County of Orange, and the __ Orange County Flood Control District (OCFCD), the applicant shall indemnify and defend the City, County of Orange ("County") and the Orange County Flood Control District ("District") against any ` claims, loss, liability or damages arising from damage to property or injury to persons resulting from flooding and/or erosion within Tract 16581. The applicant shall ensure that it has adequate assets in existence to fund this obligation until completion of future widening and Peters Canyon Channel improvements. These defense and indemnify obligations do not extend to any loss, liability, or damages established by a court of competent jurisdiction to be cause by the County's or District's negligence or willful misconduct in the design or maintenance of existing flood control improvements in the Peters Canyon Channel, provided the failure to improve Peter's Canyon Channel adjacent to Parcels in the City of Tustin and City of Irvine will not constitute negligence or willful misconduct on the part of the District or County. (1) 1.14 The applicant is required to prepare and record a final subdivision map. (1) 1.15 Unless otherwise agreed by the City in its sole discretion, the Developer Parcel, the property within the tract or any street or '!, sidewalk or alleyway thereon shall not be privately gated; provided however, that any swimming pool and/or spa facility within the ~ -- Common Area and any indoor Common Area Improvement, Exhibit A Resolution No. 3952 TTM 16581 Page 4 including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the Project and their guests. PROJECT PHASING (`) 2.1 Construction phasing of products types and units (including affordable units) on individual multiple family product planning areas within the tract (i.e., PA 5-1, PA 5-2, PA 5-4, PA 5-5, PA 5-6, and PA 5-7) shall occur concurrently as shown on Sheet CP-8 (Phasing Plan) and as noted for in the conditions of approval contained herein with the exception of the senior housing project that requires submittal of a separate design review application and any associated required applications and a separate affordability production monitoring as identified in condition 2.2. (*) 2.2 The senior housing shown on the tentative tract map is provided for general location and number of units purposes and does not represent final City approval except that 153 affordable units shall be provided at this site including 36 Very Low, 61 Low, and 56 Moderate Income units. A design review application for the senior housing including a site plan delineating adequate access non- intrusive to low density residential units, adequate parking, landscaping, fire access, architectural floor plans, elevations, materials and colors for the housing units and the recreational building, and a phasing plan for the construction of the affordable units along with the market rate units in the senior housing shall be submitted and approved prior to issuance of building permits for the first production unit of the entire Columbus Square project. A production unit is defined as a unit included in phase I and subsequent phases of the Phasing Plan (not including initial phase or model homes). Any deviation from the MCAS Tustin Specific Plan parking standards for the senior housing would require approval of a conditional use permit which would include submittal of a parking analysis that would justify reduction in number of required parking spaces, subject to review and approval of the City's traffic engineer. If the developer is not able to justify the reduction in parking and/or the conditional use permit is not approved, the developer agrees to a proportionate reduction in the number of units. Except in no case, shall the number of affordable units approved herein for the senior housing project be reduced. Prior to issuance of the 420' building permit for the production units of the entire Columbus Square project, building permits for the senior housing shall have been issued and the first footing inspection for the senior housing shall have been completed. In addition, construction of the recreation building and park facilities Exhibit A Resolution No. 3952 TTM 16581 Page 5 shall be completed prior to the issuance of the 420"' building permit (50% of non-restricted). (*) 2.3 The developer shall develop, market and sell Very Low, Low, and Moderate income ("affordable units") in the individual multiple family product planning areas (i.e., PA 5-1, PA 5-2, PA 5-4, PA 5- 5, PA 5-6, and PA-5-7) as shown on Sheet CP-8 and shall construct and market and sell ,such units in equal proportion to the market rate units as shown on the Phasing Plan for each individual multiple family planning area and as per the conditions of approval contained herein including Condition 2.1. If there is any deviation from provisions contained herein for the individual multiple family product planning areas and as required in Condition 2.1 as determined by the Community Development Department upon written notice to the applicant or applicable vertical home builder responsible for development of the planning area, no additional building permits shall be issued by the Community Development Department for additional units on subsequent phases in a planning area (PA) until compliance with said provisions has been demonstrated to the satisfaction of the Director of Community Development. In reviewing compliance, the ~___ Director shall utilize objective information such as the number of market rate and affordable units constructed to date in the planning area based on the approved Phasing Plan and Building Division records and data on the number of market rate and affordable units sold in an individual phase which shall be provided by the developer upon written request of the Director. The requirements of this Condition shall be disclosed by the applicant to all vertical home builders and with each final conveyance map. (*) 2.4 Prior to recordation of the first final map including a conveyance rnap, or first building permit, whichever occurs first, the applicant shall enter into a Housing Agreement with the City to insure implementation of the Affordable Housing requirements of the Specific Plan, the City's Density Bonus Ordinance, the City approved "Affordable Housing Plan, Density Bonus Application, and the City's Affordable Housing Policy and compliance with California Health and Safety Code Section 33413(b)(2). The development shall include 266 affordable units in Planning Areas 4 5 including twenty-five (25) affordable units transferred from Planning Area 21 to Planning Area 5. (1) 2.5 Design and construction of all on-site and off-site developer -- required public infrastructure and in-tract private streets and utility systems shall be constructed within the initial phase of development and shall be completed prior to the issuance of Exhibit A Resolution No. 3952 TTM 16581 Page 6 building permits for any Phase 1 unit as identified on Sheet CP-8 (Phasing Plan). Model units may be constructed prior to completion of infrastructure if adequate ingress and egress is provided to the satisfaction of the Building Official and Orange County Fire Authority. Project infrastructure (i.e., drives within condominium projects) and utilities shall be constructed at the time of project development. (`) 2.6 The developer shall submit to the City an Affordable Housing Purchaser Selection and Criteria Plan for Redevelopment Agency ("agency") review and approval 30 days prior to approval of a final map or issuance of a building permit, whichever occurs first. The agency will approve or disapprove the Affordable Housing Purchaser Selection and Criteria Plan within 20 calendar days. The developer shall initiate marketing and sales of the Affordable Housing units after agency's approval of Developer's Affordable Housing Purchaser Selection and Criteria Plan. Sale of Affordable Housing units can begin after final map recordation and all necessary California Department of Real Estate approvals. The developer shall also submit to agency individual escrow instructions for buyers of Affordable Housing units and all other related documents at least 20 calendar days prior to close of escrow of individual Affordable Housing units and with submission of individual escrow instructions and related items by developer to agency. The agency shall approve or disapprove individual escrow instructions and related items for buyers of Affordable Housing units within 10 calendar days of following submission by developer. GENERAL CONDITIONS FOR ALL NON-BACKBONE INFRASTRUCTURE IMPROVEMENTS The following general conditions apply to Tustin Legacy Non-Backbone Infrastructure improvements, as specified in each condition to ensure coordinated design, construction, and operation of all on- and off-site infrastructure and utility systems. (1) 3.1 Separate 24" by 36" street improvement plans for all Tustin Legacy Non-Backbone Infrastructure Improvements identified in the following Conditions and other public improvements, as prepared by a California Registered Civil Engineer, shall be required for all design and construction within the public right-of-way including but not limited to the following: Exhibit A Resolution No. 3952 1TM 16581 Page 7 A. Full width improvements on Severyns Road, project entries at Valencia North Loop Road/Lot P and West Connector Road/Lot T; B. Sidewalk, including curb ramps for the physically disabled, on both sides of Severyns Road, the south side of Edinger Avenue, the north side of Valencia North Loop Road, and the west side of West Connector Road: The project shall comply with City of Tustin Standard Plan No. 204 far construction of meandering sidewalks and shall comply with ADA accessibility requirements for all proposed sidewalk grades on public streets. All public sidewalks, paseos, and trail facilities shall comply with the provisions of the American with Disabilities Act; C. Catch basins/storm drain laterals/connections to the existing storm drain system along Valencia North Loop Road, Severyns Road, and West Connector Road with approval of City of Tustin; D. Domestic water facilities and reclaimed water facilities: The domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by ,._._ the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District; E. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the City Engineer and Irvine Ranch Water District (IRWD). These facilities shall include a gravity flow system per the standard of the Irvine Ranch Water District ; F. Landscape/irrigation on both sides of Severyns Road subject to Navy approval within the LIFOC areas, on the south side of Edinger Avenue and the median on Edinger Avenue adjacent to the project site, the median on Edinger Avenue from 1400 feet of Red Hill Avenue to West Connector Road, both sides of Valencia North Loop Road adjacent to the project site, and the west side of West Connector road adjacent to the project site; G. Underground utility connections: All utility lines shall be placed underground by the developer; H. Fire hydrants; Exhibit A Resolution No. 3952 TTM 16581 Page 8 I. Demolition and removal of any abandoned utilities at the entire site including within the current proposed roadway sections. J. Traffic signals at Lot PNalencia North Loop and Lot T/West Connector Road; and, K. Storm drain facilities on Severyns Road per City's Run-off Management Plan for Tustin Legacy. All public access easements outside of the existing or proposed street rights-of-way shall be clearly shown and labeled on the plans and street sections and design and placement of utilities such as light poles, street furniture, traffic lights, etc. will be subject to design parameters established by the City. In addition, a 24" by 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, shall be required. (5) 3.2 All public improvements, including, but not limited to, water supply, sanitary sewer facilities, reclaimed water supply, storm water drainage, electrical service, gas service, and other facilities and utilities shall comply with the City of Tustin General Plan, the MCAS Tustin Specific Plan, City development standards and guidelines, and all conditions contained herein, including, but not limited to, the following: A. The project shall comply with City of Tustin Standard Plan No. 204 for construction of a meandering sidewalk and ADA accessibility requirements for all proposed sidewalk grades on public streets. B. All landscape setbacks shall be consistent with the City of Tustin MCAS Specffic Plan. C. Adequate horizontal and vertical intersection sight lines shall be provided and shown on the grading plan and landscape plan. A minimum 25 foot by 25 foot limited use area triangle shall be provided to ensure adequate sight lines at all driveways and the applicant shall comply with the City of Tustin's Standard Drawings and Design Standards for Public Works Construction No. 510 for all public and -- private intersection sight distances and limited use area requirements for the project's streets. Exhibit A Resolution No. 3952 TTM 16581 Page 9 (1) 3.3 Prior to any final map recordation, the development applicant shall enter into an agreement with the City of Tustin and any appropriate regional utility agencies, districts, and providers, as applicable, to dedicate all easement, rights-of-way, or other land determined necessary to construct adequate utility infrastructure and facilities to serve the project, including but not limited to, the following: IRWD, SCE, SBC, The Gas Company, Cox Communications, etc. (1) 3.4 A complete hydrology study and hydraulic calculations shall be submitted to the City for review and approval. (1) 3.5 The minimum pipe diameter for all public storm drains shall be 24- inch. (5) 3.6 All storm drains to be constructed within or adjacent to the development shall be designed per the applicable OCFCD and City of Tustin standards. (1) 3.7 The proposed private and public drainage collection systems shall be designed for a minimum 25-year storm frequency and a 100- year storm frequency for regional facilities. The applicant shall submit hydrology studies for the existing and proposed drainage conditions for both the 25-year and 100-year storm events for the City's and County's review and approval and provide mitigation to maintain storm water discharges for the proposed condition that is consistent with the existing condition discharges for the site. (1) 3.8 A detailed hydrology and hydraulic analysis for 25-year and 100- year storm frequencies shall be provided for both the existing and proposed conditions to determine any requirements for on-site storm water retentioNdetention and facility sizing. The applicant shall also be required to accept upstream storm water that would historically cross the property and detaiNretain on the property such upstream water so that the release of said water into downstream regional flood control systems does not exceed historical flow rates or the downstream capacity of such systems. (1) 3.9 All proposed utilities and storm drain lines shall be labeled as being either private or public, subject to approval by the Public Works Director and applicable utility providers. (1) 3.10 The minimum grade on gutter flaw lines shall be 0.4 percent (including the flaw line grades in street tapers and horizontal curves). Construction of catch basins, storm drain laterals and junction structures shall be required to eliminate the need for cross gutters on public streets. Exhibit A Resolution No. 3952 TTM 16581 Page 10 (1 } 3.11 Prior to issuance of an encroachment permit, the applicant shall prepare a sedimentation and erasion control plan for all work related to this development. (1) 3.12 Preparation and submittal of a final grading plan shall be provided showing all pertinent elevations as they pertain to the public right- of-way along with delineating the following information: A. Final street elevations at key locations; B. Final pad/finished floor elevations and key elevations for all site grading as established by the approved hydrology report and elevations provided by the OCFCD; and, C. All flood hazards of record. (1) 3.13 Prior to the recordation of the first final map, the applicant shall be required to enter into a landscape maintenance agreement with the City of Tustin for all parkway improvements within public right- of-way along Edinger Avenue, West Connector Road, Valencia North Loop Road, and the public portion of Severyns Road. (1) 3.14 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting the "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. Exhibit A Resolution No. 3952 TTM 16581 Page 11 TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM (1) 4.1 This Subdivision necessitates the construction of certain infrastructure improvements as outlined in the Tustin Legacy Backbone Infrastructure Program for the former MCAS Tustin. The applicant shall fund its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure and shall provide security satisfactory to City to insure that the entire Fair Share Contribution is paid to the City including amounts due for the Government Parcels within the City of Irvine as required in the Cooperative Agreement between the City of Tustin and Marble Mountain Partners LLC, dated February 7, 2005. (1) 4.2 The applicant shall design and construct the traffic signal at West ConnectorNalencia North Loop Road, in the first phase of development of Tentative Tract Map 16581. Far all design and construction within the public right-of-way, separate plans shall be provided, which include all plans and specifications and estimates necessary to conduct a public bid process. PRIVATE IN-TRACT IMPROVEMENTS (3) 5.1 Prior to the issuance of precise grading permits, infrastructure construction plans, as prepared by a California Registered Civil Engineer, shall be required for all private, on-site construction. All design and construction of improvement work shall incorporate applicable conditions contained within Resolution No. 3947 and shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989, or as subsequently amended. Said plans shall include, but not be limited to, the following: A. Curbs and gutters on all streets; B. Sidewalks on all streets, including curb ramps for the physically disabled; all sidewalks, pathways, paseos, and trails shall comply with the provisions of the American with Disabilities Act; C. Drive aprons; D. Signing/striping plan; ---- E. Street and drive aisle paving; all private streets, drive aisles, -- and curb return radius shall be consistent with the City's Exhibit A Resolution No. 3952 TTM 16581 Page 12 design standards for private street improvements, unless otherwise approved by the Building Official, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; F. Catch basin/storm drain laterals/connections to the public storm drain system with approval of the City of Tustin; G. Domestic water facilities and reclaimed water facilities: The domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of the water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District (IRWD); H. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and IRWD. These facilities shall be consistent with the standards of the Irvine Ranch Water District; I. Underground utility connections: All utility lines shall be placed underground by the developer; J. Fire hydrants; K. Demolition/removal of utilities in accordance with the demolitioNseverance plan as required herein; L. Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with aCity-franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities. (3) 5.2 Prior to the issuance of building permits, construction plans, as prepared by a California Registered Civil Engineer, shall be required for the following private improvements: Exhibit A Resolution No. 3952 Tf M 16581 Page 13 A. Street lighting: The private street lighting system shall be reviewed and approved by the City of Tustin and Southern California Edison; B. landscape/irrigation; C. Trash facilities: The applicant shall provide commercial trash collection and obtain approval from the Engineering Division for the location, size, and trash enclosures. (1) 5.3 All improvement work shall be performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On- Site Private Improvements," revised April 1989. COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (1) 6.1 The applicant shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: A. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. B. The applicant shall obtain permission from affected property owners for any work located on adjacent properties or on LIFOC parcels, including the property owned by the Department of Navy. C. The applicant shall obtain all approvals and permits from the applicable property owners and agencies for work within the City limits. 0. The applicant shall coordinate the design and construction of the bus stop locations with the Orange County Transportation Authority. E. The applicant shall obtain written approval and/or permits from the applicable utility companies. F. The applicant shall obtain permission from property owners for any work located on adjacent properties. Exhibit A Resolution No. 3952 TTM 16581 Page 14 CONSTRUCTION (1) 7.1 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract within the subdivision to the satisfaction of the City Engineer. (1) 7.2 The applicant shall comply with all waste diversion requirements. The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the applicant is required to comply with Section 4327 of the Tustin City Code which details the requirements for developing and implementing a Waste Management Plan. GRANTS IN FEE AND DEDICATIONS (1) 8.1 The applicant and subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of parts of Severyns Road and West Connector Road, traffic signal equipment and maintenance easements of Valencia North Loop Road/Lot P and West Connector Road/Lot T, drainage and flood control right-of-way easements for acceptance and conveyance of existing flows from the adjacent business park westerly of Planning Area 4, pedestrian and vehicular access rights, utility easements and public parks, defined and approved as to specific locations by the City Engineer and other agencies, for this project. Reciprocal ingress, egress, parking, utility and pedestrian access easements may need to be provided between and across certain privately own and maintained lots and within the lettered lots. (1) 8.2 The applicant shall identify the easements for public use of privately owned parks and related public access easements on the final map. (1) 8.3 The applicant shall dedicate in fee title to the City of Tustin portions of Severyns Road for public roadways and utility purposes as shown on the Tentative Tract Map 16581. (1 } 8.4 All dedication and/or offers of dedication shall also state that the City of Tustin shall be permitted to obtain, at no cost, aright-of- entry and temporary construction easement for all on-site joins when the ultimate street improvements are constructed. The right- of•entry and temporary construction easement shall terminate on the date that the Notice of Completion is recorded at the Orange County Recorder's office. Exhibit A Resolution No. 3952 TTM 16581 Page 15 (1) 8.5 The applicant shall provide an ingress/egress easement on lots "P," "T,", "R," "U," and "X," for Department of Navy to access IRP- 16. (1) 8.6 The applicant shall dedicate public access and maintenance easements to the City of Tustin fro sidewalk along Valencia North Loop Road and West Connector Road. CC&RS (1) 9.1 All organizational documents for the project including any covenants, conditions, and restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department, City Attorney's Office, and Special Counsel. Costs for such review shall be borne by the subdivider. The approved CC&Rs shall be recorded with County Recorder's Office at the same time as recordation of the final map. A copy of the final documents shall be submitted to the Community Development Department after recordation. No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowners association has been legally formed 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, or slope maintenance landscaping, private streets, and utilities. No dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved phases thereof, have been completed or completion is assured by a development agreement or financing guarantee method approved by the City. The CC&Rs shall include, but not be limited to, the following provisions: A. The City shall be included as a parry 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 recreational buildings and amenities, landscaped areas and lots, walls and fences, Exhibit A Resolution No. 3952 TTM 16581 Page 16 private roadways (i.e., walks, sidewalks, trails), parkland facilities and bikeways, and open space areas. D. Membership in the homeowners association shall be inseparable from ownership in individual units. 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, exterior mechanical equipment, television and radio antenna, consistent with the Tustin City Code and the MCAS Tustin Specific Plan. F. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. 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, 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. 2. All private roadways, sidewalks, and open space areas 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. 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 Resolution No. 3952 TTM 16581 Page 17 G. Homeowners association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. H. Private open space areas within the common area 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 common open space area that are allocated for private use and public use and access rights in perpetuity. The CC&Rs shall include a separate 8'/2 inch by 11 inch dimensioned site plan for each unit that is allocated private open space. I. The approved site plan showing the public portion of the park site and associated public easements that will be accessible to the public and provisions for maintenance of these areas by the Homeowners Association. J The approved "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: All units are required to maintain atwo-car garage. 2. A minimum of 562 unassigned guest parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit" and have a minimum length of twenty-two (22) feet per stall for on street parking. 3. 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, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the homeowners association may adopt rules and regulations to authorize exceptions. 4. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages Exhibit A Resolution No. 3952 TTM 16581 Page 18 only to the extent that vehicles may still be parked within the required garage spaces. 5. The homeowners association shall be responsible for monitoring and enforcing all parking and traffic regulations on private streets. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking and traffic regulations within the development which may include measures far fire access and enforcement by a private security company. K. Provisions for enforcing individual trash bin placement at designated curb areas as shown on the approved °Curbside Trash Pick-up Exhibit" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. L. Maintenance of lettered and numbered Lots (including but not limited to Lots 264, 265, 297, 335 and 369 Lots A-m, P- ____ u, X-Y, CA-CF, DA-DJ, FA-FD, AA-AR, BA-BC, EA-EG, GA- GH, HA-HO, IA-IL AAA-AAJ, BBA-BAF, BBA-BBZ, CCA- CCO, DAA, DDA-DDZ), containing all common areas, public and private park areas, streets, alleys, paseos, etc., shall be by the homeowners association. M. Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. N. All utility services serving the site shall be installed and maintained underground. O. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one member of the homeowners association 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. P. The homeowners association shall be responsible for _-v establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. Exhibit A Resolution No. 3952 TTM 16581 Page 19 Q. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. R. No delivery and or moving trucks larger than 40 feet shall be permitted on the private drives of the condominium projects with less than 25 foot radius turns. HOMEBUYER NOTIFICATION (1) 10.1 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 the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of the 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, trail, and train noise that may impact the subdivision, including roadway noise associated with, Edinger Avenue, North Loop Road, West Connector Road, and train noise associated with the rail corridor north of the project. The notice shall indicate the current number of trains per day (59) and the estimated to increase to over 100 trains on a 24 hour basis by the year 2020. The notice shall indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field-testing determines inadequate noise insulation. B. A notice, to be reviewed by the City of Tustin and the Tustin Unified School District, regarding the location of existing and proposed elementary, middle, and high schools which will serve the subdivision (text and map) and advice to homebuyers that .proposed school sites may never be constructed. -- C. A notice regarding units that are adjacent to aboveground -- utilities or structures (such as light standards and fire Exhibit A Resolution No. 3952 TTM 16581 Page 20 hydrants) identifying the type of structure and their locations. D. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and may require zoning clearance and a business license. E. A notice indicating that public use of a minimum one (1) acre or more portion of the park site, to be maintained by the homeowners association, will be allowed and noting public ingress and egress through the subdivision will be provided for access to the park. F. A notice explaining the easements, facilities, amenities, and dedications that will be provided on lettered lots and indicating all on-site streets, alleys, paseos, and common areas are to be maintained by the homeowners association. G. A notice, to be approved by the City Attorney, indicating that neither the site, nor the project nor any part thereof any street or sidewalk, alleyway, or paseo thereon shall be privately gated, provided however that any swimming pool and/or spa facility within the common area and any indoor common area improvements, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the project and their guests. H. A notice stating that all development within the site is approved for ownership tenure only per Chapter 3.9.3J5 of the MCAS Tustin Specific Plan. I. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Curbside Trash Pick-up Exhibit" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. J. A notice indicating 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. Exhibit A Resolution No. 3952 TTM 16581 Page 21 K. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, etc. may not be allowed. L. A notice explaining and providing a copy of a "Private Open Space Exhibit" and separate 8Yi inch by 11 inch dimensioned site plan for each unit that is allocated private open space within the common area. M. A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. N. A notice explaining that 241 affordable housing units will be dispersed throughout the site. These units will remain affordable for a period of forty-five (45) years or longer. O. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. P. The developer shall notify all homebuyers that future ___ Assessment/Maintenance Districts may affect the property. Q. The project is located adjacent to a future fire station site at the southwest corner of Edinger Avenue and West Connector Road that will be operating 24 hours. ENVIRONMENTAL MITIGATION (1) 11.1 All mitigation measures related to the tentative tract map required by the adopted Mitigation Monitoring Program for the MCAS Tustin Reuse Plan/Specific Plan FEIS/EIR that are required by the Mitigation Monitoring Program for the project, identified in this exhibit and in other project entitlements, shall be implemented. (1) 11.2 As part of the final design process and to comply with the Final EIR/EIS requirements for the Disposal and Reuse of MCAS Tustin, the applicant shall submit detailed hydrology calculations of 100- year storm events for the existing pre-project condition and for the project condition. As part of the study, the project's contribution to the overall increase in stormwater runoff from the redevelopment of MCAS Tustin shall be estimated and the potential design and construction costs to mitigate the increase storm water discharge contribution from the project shall be determined. Exhibit A Resolution No. 3952 TTM 16581 Page 22 PARKS AND RECREATION (1) 12.1 The applicant shall at its sole cost and expense comply with the Quimby Act, California Government Code Section 66477, and shall as a condition precedent to issuance of building permits for the vertical improvements or any portion thereof, pay for and provide a performance bond complying with City Code Section 9931(d), in favor of the City, with the Surety and informed and substance acceptable to the City in its sole discretion covering the developer's Quimby fee obligations in the amount of cash payment for the net required parkland requirements in the tract equal to a net acreage of 1.85 acres minus the approved improvement cost for the development of on-site parkland approved for parkland credit in an amount based on actual improvement plans and cost approved in writing by the Director of Parks and Recreation Department not to exceed $675,000 per acre times an appraised value of land for the tract as approved by the City pursuant to City Code Section 2.7 and 3.11.18 of the MCAS Tustin Specific Plan and a performance bond equal to 5.33 acres times an appraised value of land in the tract as approved by the City pursuant to City Code Section 9931(d), which performance bond shall be decreased upon compliance by the applicant with the provisions of clauses (A) and (B) below. A) As part of the initial phase of the project and concurrently with construction of the required horizontal improvements and as part of the common area improvements, the applicant shall construct within the common area certain contiguous, landscaped, open space facilities of not less than one acre in area in the location as depicted on the preliminary plan and the approved project plans and including improvements as required by the Tustin Code to quality far Quimby Fee waiver (park facilities) that shall be open and accessible to the public. Upon completion of the park facilities and as a condition precedent to issuance of any partial or final certificate of compliance the developer shall execute and record a perpetual easement or other dedication agreement in favor of the City and its successors and assigns, inform and subject acceptable to the City in its sole discretion upon final map and the acceptance of conditions, covenants, and restrictions (CC&Rs) for the _ benefit of the public providing in perpetuity and at no cost to the City: (i) the right of the public to access and use the Park Facilities; (ii) public access to and from said Park Facilities along and across public and private streets within the site; and (iii) maintenance of the Park Facilities by the Exhibit A Resolution No. 3952 TTM 16581 Page 23 Developer and its successor and assigns, in each case subject only to reasonable and non-discriminatory rules and regulations. Upon (x) completion of such Regulations applicable thereto, and (y) recordation of an easement or dedication agreement approved by the City, the City shall provide a credit to the developer against its obligation to pay Quimby Act Fees in the amount of 3.66 acres times an appraised value of the land for the tract. B) Waiver for Affordable Housing. The developer shall receive a credit against Quimby Act fees otherwise due and payable by it as permitted by the City Code Section 9931 in connection with construction of not to exceed 241 Affordable Housing Units in this tract in an amount not to exceed 1.97 acres times an appraised value of land; provided, however, that the benefit of such waiver shall apply with respect to each Affordable Housing Unit only upon Completion of all Affordable Housing Units in the Phase in which such Unit is located. (1) 12.2 The Developer shall accommodate, at various locations on the Developer Parcel as approved by Community Development, pedestrian and bicycle connections to the regional bike trail to be constructed in the future along Edinger Avenue, Valencia Avenue, and the West Connector and Class II bicycle trails as depicted on the Preliminary Plan. The final tract map shall include a perpetual easement in favor of the City, its successors and assigns, in form and substance acceptable to the City in its sole discretion and at no cast to the City, providing pedestrian and bicycle access to the public upon and across the full length of any foregoing pedestrian and bicycle connections on the Developer Parcel as they connect to adjoining bike paths. Notwithstanding the foregoing, the Developer and its successors and assigns shall retain responsibility for maintenance and repair of the foregoing pedestrian and bicycle connections constructed on the Developer Parcel. FEES (1) 13.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $150 per hour (or rate in effect at the time of submittal) for the City Attorney and $50 per hour (or rate in effect at the time of submittal) for the Planning Staff is required. Exhibit A Resolution No. 3952 TTM 16581 Page 24 (1) 13.2 Prior to issuance of the first building permit, the subdivider shall submit in-lieu parkland dedication fees in an amount and form as required by the Director of the Parks and Recreation Department. (1) 13.3 The applicant shall submit all fees required by the City and other agencies as identified in Resolution No. 3953. RESOLUTION NO. 3953 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 04006 AUTHORIZING THE DEVELOPMENT OF 1,077 RESIDENTIAL UNITS ON A 105.5 ACRE (GROSS) SITE BOUNDED BY EDINGER AVENUE ON THE NORTH, AN OFFICE INDUSTRIAL BUILDING AND SEVERYNS ROAD ON THE WEST, VALENCIA NORTH LOOP ROAD ON THE SOUTH AND WEST CONNECTOR ROAD ON THE EAST WITHIN PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS TUSTIN SPECIFIC PLAN (PARCEL 23 AND PARCEL 24) The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Design Review 04-006 was submitted by Marble Mountain Partners LLC far development of 1,077 residential units including 84 Single Family Detached (SFD), 181 Carriage Way (SFD), 72 condominium units (senior housing -- for ownership tenure) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 18 Carriage Way units (SFD), 552 Condominium units (Multiple Family Residential), and 170 condominium units (senior housing -for ownership tenure) for a total of 740 units at an average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS-Tustin Specific Plan on a 105.5-acre site within Planning Area 4 and Planning Area 5 of the MCAS-Tustin Specific Plan (Parcel 23 and 24); B. That a public hearing was duly called, noticed, and held for said application on January 24, 2005 and continued to February 14, 2005, by the Planning Commission; C. That the site is located in the "MCAS-Tustin Specific Plan" land use designation of the General Plan, which provides for residential development, and in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, which is designated far Low Density Residential and Medium Density Residential on MCAS Tustin Reuse Plan Disposal Parcel 23 and Parcel 24; D. That, as conditioned, the proposed subdivision will be in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan, as amended by Zone Change 04-003, State -- - Subdivision Map Act and the City's Subdivision Code; Resolution 3953 DR 04-006 Page 2 E. Pursuant to the MCAS Tustin Specific Plan and Section 9272 of the ~- Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development 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 Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 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. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. F. That the applicant has requested approval of Tentative Tract Map 16581 ("The Map") in conjunction with the applications for Design Review 04-006, and findings and conditions of approval related to site design, street design, open space and park site design, dedication of necessary rights-of-way and provision of necessary infrastructure improvements have been included in Resolution No. 3952 recommending approval of The Map. G. That a Final Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (FEIS/EIR) was prepared and certified, which considered the potential development of low density residential units and that the proposed project includes 1,077 units. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified; ~~ all applicable mitigation measures in the FEIS/EIR have been ' included as conditions of approval. The Planning Commission has Resolution 3953 DR 04-006 Page 3 adopted Resolution No. 3949 finding that the FEIS/EIR adequately addressed all potential impacts related to the project. II. The Planning Commission hereby approves Design Review 04-006 for development of 1,077 residential units on a 105.5-acre site (Parcel 23 and Parcel 24) within Planning Area 4 and Planning Area 5 of the MCAS- Tustin Speck Plan, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of th~ Tustin Planning Commission held on the 14"' day of February, 2005. JO~#N NIELSEN Chairperson ELI BETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3953 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of February, 2005. ELI BETH A. BINSACK Pla Wing Commission Secretary EXHIBIT A DESIGN REVIEW 04-006 RESOLUTION NO. 3953 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall conform with the Tustin City Code and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped Febnaary 14, 2005, on file with the Community Development Department, except as herein modified, or as mod~ed by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code, and other applicable codes. (1) 1.2 Unless otherwise specked, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Resolution No. 3953 shall become null and void in the event that Resolution Nos. 3950, 3951, and 3952 approving Specific Plan Amendment/Zone Change 04-003, Concept Plan 03-003, Tentative Tract Map 16581, and the Affordable Housing Plan and Density Bonus Application, which includes 182 additional density bonus units and transfer of 8 Very Low income and 17 Low income units from Planning Area 21 to Planning Area 5 and transfer 8 Low Income units and 14 Moderate Income units from Planning Area 4 to Planning Area 5, are not approved by the City Council. (1) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months. All time extensions may be considered if a written request is within thirty (30) days prior to expiration date. (1) 1.5 The development of the project described in Design Review 04-006 shall be designed and constructed in accordance with Specific Plan Amendment/Zone Change 04-003, Concept Plan 03-003, Tentative Tract Map 16581, and density bonus application as approved by Resolution Nos. 3950, 3951, 3952, and 3946 which are incorporated herein by reference. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (TJ PC/CC POLICY (4) DESIGN REVIEW ""' EXCEPTION Resolution 3953 DR 04-006 Page 2 (1) 1.6 Approval of Design Review 04-006 is contingent upon the applicant 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 notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.7 The development of the project described in Design Review 04-006 shall be in accordance with Concept Plan 03-003 and Tentative Tract Map 16581 approved by Resolution Nos. 3951, and 3952 which are incorporated herein by reference. (1) 1.8 As a condition of approval of Design Review 04-006, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (5) 1.9 The applicant shall implement an affordable housing program in compliance with all applicable provisions of MCAS Tustin Specific Plan and comply with related conditions contained in the housing incentive agreement as required by Resolution No. 3952t. (5) 1.10 Project phasing shall be in accordance with the phasing set forth in Resolution No. 3952. GRADING PLAN SUBMITTAL (1) 2.1 Prior to issuance of a grading permit all requirements related to private infrastructure contained within Resolution No. 3946 shall be met. (1) 2.2 Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer, shall be submitted and shall include the following: A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. Resolution 3953 DR 04-006 Page 3 B. Three (3) copies of a precise soils report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. C. Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. D. Information demonstrating that drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin`s "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989. E. Two (2) copies of a hydrology report. F. Information demonstrating that vehicle parking, primary entrance to the building, primary paths of travel, sanitary facilities, drinking fountain, and public telephones for the recreation building shall be accessible to persons with disabilities. G. Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. H. Details indicating that a maximum streetlight spacing of 200 feet staggered from side to side along the street shall be used for on-site street lighting (per City standards for local private residential streets) and placement of streetlights in relation to the intersection locations and other driver decision points for safe pedestrian access through the site. (1) 2.3 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.4 The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.5 Prior to issuance of a grading permit, the applicant shall be required to provide a performance bond to assure grading work is completed - in accordance with approved plans. The engineer's estimated cost shall be submitted to the Building Official for determination of the bond amount. Resolution 3953 DR 04-006 Page 4 (1) 2.6 A note shall be provided on the final plans indicating that a six (6) foot high chain link fence shall be installed around the site prior to grading. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. BUILDING PLAN SUBMITTAL (3) 3.1 At the time of building permit application, the plans shall comply with the 2001 Califomia Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (3) 3.2 ~uilding plan check submittal shall include the following: Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. Structural calculations, two (2) copies. Title 24 energy calculations, two (2} copies. Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable Details for the proposed windows and doors. Roofing material shall be fire rated class "B" or better. The location of any utility vents or other equipment shall be provided on the roof plan. Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as .not to direct light or glare onto adjacent properties, including the adjacent streets. Wall- mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1)foot-candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal and all equipment must be six Resolution 3953 DR 04-006 Page 5 (6) inches below the top of the parapet, subject to the approval of the Community Development Director. Noise attenuation features as required by Conditions 14.1 through 14.3 of this Resolution. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.3 Sufficiently sized concrete pad in front of mailbox structures shall be provided to allow mail carrier to place mail and homeowner to retrieve mail without standing in the street or landscape area. (3) 3.4 Vehicle parking, primary entrance to the pool and recreational building, the primary path of travel, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (3) 3.5 Prior to issuance of any permit, Irvine Ranch Water District (IRWD) intent to serve and approval of the water/ sewer plans are required. (3) 3.6 Two (2) exits are required from the third floor of residential occupancy when, the floor area of the third floor exceeds 500 square feet. (3} 3.7 Provide area analysis for all buildings (residences and garages), and show compliance with allowable floor areas based on 2001 California Building Cade Chapter 5, Table 5-B. (3) 3.8 Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 Califomia Building Code (Section 310.4). (3) 3.9 Dwelling units shall be provided with heating facilities capable of maintaining a temperature of 70 degrees at a point three (3) feet above the floor in all habitable rooms in accordance with the 2001 California Building Code (Section 310.11). (1) 3.10 The clear and unobstructed interior garage dimensions for each parking space shall be a minimum of nine (9) feet in width and twenty (20) feet in length and shall be shown on the plans. (4) 3.11 Information to ensure compliance with requirements of the Orange County Fire Authority shall be submitted including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. Resolution 3953 DR 04-006 Page 6 (1) 3.12 No structures shall be permitted to be developed over active pipelines, abandoned lines, or utility easements, except where approved by the City Engineer and/or Building Official. (1) 3.13 Footings for all retaining walls shall be located within the tract boundary. (1) 3.14 If determined feasible by the Building Official, the applicant shall implement one or more of the following control measures, if not already required by the SCAQMD under Rule 403 during construction as follows: a) Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces at all actively disturbed sites. b) Develop a construction traffic management plan that includes, but is not limited to, rerouting construction trucks off congested streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment on-site and off-site. c) Use electricity from power poles rather than temporary diesel or gasoline-powered generators. d) Reduce traffic speeds on all unpaved roads to 15 mph or less. e) Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. f) Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). g) Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications to exposed piles of gravel, sand, or dirt. h) Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two (2) feet of freeboard (i.e., minimum vertical distance between top of the load and top of the trailer). i) Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweepers with reclaimed water when feasible). j) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site each trip. k) Use low VOC architectural coatings for all interior and exterior painting operations. Resolution 3953 DR 04-006 Page 7 (*"") 3.15 According to the submitted report the water table is as low as eight (8) feet in some areas. Units with basements or grade difference that would be affected by the water table shall require special construction techniques subject to review and approval of the Community Development Department. (1) 3.16 Add notes that all utilities placed under private streets are located a minimum of 36 inches below grade and revise street cross sections accordingly. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 4.1 All conditions of Resolution No. 3952 related to private on-site infrastructure shall be implemented. WATER QUALITY (1) 5.1 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. Prior to issuance of any permit, the applicant shall submit for -- approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. B. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $5,000.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. C. Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP} with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. Resolution 3953 DR 04-006 Page 8 D. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 5.2 Prior to issuance of grading permits, the applicant 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 Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. (1) 5.3 The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: A. Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. B. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or, contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. C. Potential pollutants include, but are not limited to, solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives, and solvents; asbestos fibers, paint flake or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water, concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushing. During construction, disposal of such materials shall occur in _ a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. D. Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Resolution 3953 DR 04-006 Page 9 Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. MODEL HOME PLAN AND CONSTRUCTION PHASING (1) 6.1 A site plan, street improvement plan, and striping plan far the model home complex shall be submitted as one submittal for all product models for review and approval of the Community Development Department, in accordance with the phasing requirements for the project contained within Resolution 3952. All required improvements for streets, landscaping, ADA compliance, emergency access, security lighting, etc. shall be installed prior to final inspection for the model homes and the sales office. (1) 6.2 Temporary construction fencing shall be permitted to encroach into required travelways of private streets or drives once constructed and shall be removed prior to issuance of Certificate of Occupancy for the model homes. (1) 6.3 The developer shall close and convert the model homes to occupancy within 90 days from the last home sale of the same style .-. home. Prior to issuance of building permits for the model homes, the developer shall submit a bond to ensure the conversion. ARCHITECTURE (1) 7.1 All carriage way product shall meet the development standards adopted by Resolution No. 3950. (1) 7.2 Architectural elevations of the Carriage way product shall be revised to incorporate a cohesive architectural style and adequate articulation on the side and rear elevations subject to review and approval of the Community Development Department. (4) 7.3 Building elevations visible from Edinger Avenue, West Connector Road, and Valencia North Loop Road shall be designed in accordance with the Urban Design Guidelines contained in the MCAS Tustin Specific Plan with respect to mass, variety of color and material, architectural articulation in form of off sets, pop-outs, overhangs, window trim, fascia molding, planter boxes, etc. to the satisfaction of the Community Development Department. (4) 7.4 The design of the recreational building shall incorporate the character defining features of the residential products within the subdivision subject to review and approval by the Community Development Department. Resolution 3953 DR 04-006 Page 10 (4) 7.5 Window trims, surrounds, and mullions shall be provided on all elevations consistent with the architectural treatment and of the buildings subject to final approval of the Community Development Department. (4) 7.6 All roof materials shall be subject to final approval by the Community Development Department. (4) 7.7 All exterior doors and windows, glass, and frame color shall be subject to final approval of the Community Development Department. (4) 7.8 All exterior colors and textures shall be submitted to review and approval of the Community Development Department. Colors, materials, and textures shall be coordinated with the architectural styles and noted in construction plans. (4) 7.9 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts from Harvard Avenue and Moffett Avenue screened by adequate landscaping or other effective screening devices. (1) 7.10 All portions of the first, second, and third floor living areas of the multiple family products shall be located a minimum of five (5) feet from the private drives. LANDSCAPING/HARDSCAPE (1) 8.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: ^ Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. ^ Show planting and berming details, soil preparation, staking, _ _.. etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. Resolution 3953 DR 04-006 Page 11 ^ Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. ^ The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. ^ Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. ^ Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. ^ Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. ^ Ground cover shall be planted eight (8) to twelve (12) inches on center. __. . ^ Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. ^ All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. • Major points of entry to the project, private streets, and private drives and internal circulation shall receive specimen trees to create an identifying theme. ^ Landscape adjacent to the right-of-way shall be in compliance with the requirements of MCAS Tustin Specific Plan. Perimeter walls should be treated with vines to relieve large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. (1) 8.2 An opaque screen consisting of one or a combination of berms, masonry walls, and landscaping integrated into an aesthetic pattern shall be installed along site boundaries where residential uses abut - arterial or secondary highways, with the aggregate height of berms and walls not to exceed six (6) feet, eight (8) inches, or higher as may be required and approved to mitigate noise impacts. Screening Resolution 3953 DR 04-006 Page 12 shall consist of one or any combination of the following components: • Walls, including retaining walls, shall consist of concrete, stone, brick, tile, or similar masonry material. Berms shall be constructed of earthen materials and shall be landscaped according to an approved plan. Evergreen or deciduous trees or shrubs consistent with landscape guidelines contained in the Specific Plan. Trees shall vary in size (minimum 24-inch box) and species to provide smaller broad dome trees and upright vertical trees along the street right-of-ways consistent with the requirements of the Urban Design Guidelines Section 2.17 of MCAS Tustin Specific Plan and subject to final approval of the Community Development Department. • Landscaping/screening at intersections shall be designed and maintained to not restrict vehicular sight distance in accordance with the current City of Tustin and Irvine standards. (4) 8.3 4n-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. (4) 8.4 Major paints of entry to the project, private streets, and private drives and internal circulation shall receive specimen trees to create an identifying theme. (4) 8.5 Perimeter tract walls shall be constructed of high quality materials and matching architecture subject to final approval of the Community Development Department. (4) 8.6 The main entries to the project at West Connector Road and Valencia North Loop Road shall include hardscape treatments that are consistent with Section 2.17 of the MCAS Tustin Specific Plan and shall be subject to final approval of the Community Development Department. (1) 8.7 Trees in the landscape setbacks adjacent to public rights-of-way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. (1) 8.8 A portal design for the intersection of Edinger Avenue and West shall be provided for review and approval of the Community Development Department and installed by the applicant. Resolution 3953 DR 04-006 Page 13 USE RESTRICTIONS (5) 9.1 The project shall include 1,077 units, including 84 Single Family Detached (SFD), 181 Carriage Way SFD, 72 condominium units (Senior Housing) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 570 condominium units (Multiple Family Residential), and 170 condominium units (Senior Housing) for a total of 740 units at an Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS-Tustin Specific Plan with 266 on-site units (241 required and 25 transferred from Planning Area 21) required to be offered as affordable units, as identified in Condition 10.1. (1) 9.2 A separate "Private Open Space Exhibit" shall be submitted at plan check. Any changes to the allocation of private open space identified on the site plan shall be reviewed and approved by the Director of Community Development. (4) 9.3 Parallel guest parking spaces, guest parking stalls, and driveway parking spaces shall be maintained as shown on the approved "Parking and Circulation Exhibit." Any changes to the number, location, or size of parking spaces shall be reviewed and approved --- by the Director of Community Development. (5) 9.5 Individual trash can service may be provided on the site. Trashcans shall be placed only in the locations identified on the approved "Curbside Trash Pick-up Exhibit' up to twelve (12) hours prior to regularly scheduled trash collection and shall be removed within twelve (12) hours of trash collection. (1} 9.6 No outdoor storage shall be permitted during grading or building stages, except as approved by the Tustin Community Development Director. (1) 9.7 During construction, permission from adjacent property owners shat{ be required for any work located on adjacent properties. AFFORDABLE HOUSING (1) 10.1 The subdivider shall comply with the obligations contained in Resolution No. 3952 regarding affordable housing units. SENIOR HOUSING PROJECT (*) 11.1 The senior housing shown on the tentative tract map is provided for general location and number of units purposes and does not represent final City approval except that 153 affordable units shall be provided at this site including 36 Very Low, 61 Low, and 56 Moderate Income units. A design review application for the senior Resolution 3953 DR 04-0136 Page 14 ^~ housing including a site plan delineating adequate access non- intrusive to low density residential units, adequate parking, landscaping, fire access, architectural floor plans, elevations, materials and colors for the housing units and the recreational building, and a phasing plan for the construction of the affordable units along with the market rate units shall be submitted and approved prior to issuance of building permits for the first production unit of the entire Columbus Square project. A production unit is defined as a unit included in phase I and subsequent phases of the Phasing Plan (not including initial phase or model homes). Any deviation from the MCAS Tustin Specific Plan parking standards for the senior housing would require approval of a conditional use permit which would include submittal of a parking analysis that would justify reduction in number of required parking spaces, subject to review and approval of the City's traffic engineer. If the developer is not able to justify the reduction in parking and/or the conditional use permit is not approved, the developer agrees to a proportionate reduction in the number of units. Except in no case, shall the number of affordable units approved herein be reduced. Prior to issuance of the 420th building permit for the production units of the entire Columbus Square project, building permits for the --- senior housing shall have been issued and the first footing inspection for the senior housing shall have been completed. In addition, construction of the recreation building and park facilities shall be completed prior to the issuance of the 420th building permit (50% of non-restricted). (1) 11.2 The design, massing, and color/materials of the senior housing project shall be of high quality construction and compatible with other products within Columbus Square to minimize the institutional appearance of this product. ORANGE COUNTY FIRE AUTHORITY (5) 12.1 Prior to the issuance applicant shall submit review and approval, department access, 1 availability for fire flow and laddering exhibits units. of any grading or building permits, the a Fire Master Plan to the Fire Chief for This plan submittal shall include fire ire hydrants, fire lane markings, water reports, blue reflective pavement markers, for rescue windows on multi-story dwelling _ (5) 12.2 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure larger than 5,500 square feet, multi-family housing or dwellings that do not meet fire department access to the Fire Chief for review and approval. Resolution 3953 DR 04-006 Page 15 (5) 12.3 Prior. to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 573-6100 to obtain a copy of the standard combustible construction letter. (5) 12.4 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (5) 12.5 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. The requirement far fire alarms applies to Group R Division 1 occupancies as defined by the 2001 California Fire Code; when a building is at least three stories in height and contains 16 or more dwelling units. The requirement for fire sprinkler monitoring applies #o a structure when it contains 100 or more fire sprinkler heads. NOISE (1) 13.1 Plans for noise attenuation of residential units located near arterial highways, which ensure that interior and exterior noise levels (including balconies) do not exceed State and local requirements of the City of Tustin shall be submitted for review and approval prior to issuance of building permit or recordation of the final map, whichever occurs first. (1) 13.2 In accordance with the noise analysis, all units along Edinger Avenue, West Connector Road, and Valencia North Loop Road that are required to include air conditioning units to achieve the minimum interior noise level standards shall have these units installed prior to issuance of a Certificate of Occupancy. Prior to final inspection and issuance of certificates of use and occupancy, the developer shall provide an independent noise analysis verifying that interior noise levels comply with Title 25 and City noise requirements. (1) 13.3 The applicant shall submit additional information to the City showing the construction details, materials and finish, and height of the proposed sound walls along Edinger Avenue for review and approval of Community Development Director. Resolution 3953 DR 04-006 Page 16 -- ENVIRONMENTAL (1) 14.1 Additional measures related to development of this project as noted in the adopted EIS/EIR and are not previously identified in this exhibit as a condition of approval are required as follows: A. The developer shall enter into an agreement with the City of Tustin to establish a fair-share mechanism to provide needed Tustin Legacy Backbone Infrastructure program. B. Prior to issuance of any permits, the developer shall retain a County-certified archaeologist. If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. C. The developer shall comply with the requirements established in a Palentological Resource Management Plan -- (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. D. Prior to the issuance of any permit, the applicant shall provide written evidence to the Community Development Department that aCounty-certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. E. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures far planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. FEES (1)(5) 15.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Resolution 3953 DR 04-006 Page 17 a. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule at the time of permit issuance. The current fee is $2,910 per single-family unit and $1,694 per multiple family unit. e. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of new or added grass square floor area of construction or improvements to the Community Development Department. f. Water and sewer connection fees to the Irvine Ranch Water District. g. New development tax is $350.00 per unit. h. School facilities fee in the amount as required by Tustin Unified School District. Other applicable parkland in-lieu fees and Tustin Legacy Backbone Infrastructure Program fees as required by Resolution No. 3952. (1) 15.2 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Cammunity Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) 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. RESOLUTION NO. 4014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 05-019 AND CONDITIONAL USE PERMIT 05-037 AUTHORIZING THE DEVELOPMENT OF A 240 SENIOR RESIDENTIAL PROJECT WITH A NEW PARKING STANDARD OF 1.7 PARKING SPACE PER UNIT ON A NINE (9)- ACRE SITE BOUNDED BY EDINGER AVENUE ON THE NORTH, THE FIRE STATION SITE AND WEST CONNECTOR ROAD ON THE EAST, AND OTHER RESIDENTIAL DEVELOPMENT ON THE WEST AND SOUTH WITHIN PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS TUSTIN SPECIFIC PLAN (PARCEL 265 OF TRACT 16581) The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Design Review 05-019 and Conditional Use Permit 05-037 was submitted by Lennar Homes for development of a 240 unit senior housing project with a new parking ratio of 1.7 parking spaces per unit for a nine (9) acre site within Columbus Square within Planning Area 4 and Planning Area 5 of the MCAS-Tustin Specific Plan (Lot 265 of Tract 16581); B. That a public hearing was duly called, noticed, and held for said application on January 23, 2006, by the Planning Commission; C. That the site is located within Tract 16581 previously approved for development of 1,077 residential units including 242 senior housing units within Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential and Medium Density Residential; D. That the Columbus Square project included 266 affordable units including 153 affordable housing units (36 Very Low, 61 Low, and 56 Moderate Income units) in the senior housing project as required by Resolution No. 05-40 for approval of Tentative Tract Map 16581; E. In accordance with Condition 2.2 of Resolution No. 05-40 for approval of Tentative Tract Map 16581, a design review and conditional use permit application for site/architectural design and the parking standard for the senior housing project was submitted; - F. Pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the Resolution 4014 DR 05-019, CUP 05-037 Page 2 proposed development 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 Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 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. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. E. That the proposed parking ratio of 1.7 parking space per unit for senior housing development will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: 1. In accordance with the submitted parking study affordable senior housing projects have lower parking demand in comparison with the family housing and market rate units that can be accommodated with the proposed 1.7 parking spaces per unit. 2. The Traffic Engineer has determined that the parking analysis contains sufficient technical data to support the conclusion that the proposed parking supply is adequate to serve the proposed development. ~- 3. The proposed ratio of 1.7 parking space per unit was considered to be consistent with the recommendations of the Resolution 4014 DR 05-019, CUP 05-037 Page 3 Urban Land Institute (ULI) and exceeds the recommended ratio by the Institute of Transportation Engineers (ITE). F. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin (FEIS/EIR). In addition, the City Council certified a separate environmental check list for the Columbus Square project with approval of Tentative Tract Map 16581 which considered the senior housing site and noted that no additional impacts were anticipated. II. The Planning Commission hereby approves Design Review 05-019 and Conditional Use Permit 05-037 for development of a 240 unit senior housing project on a nine (9) acre site and establish parking standards within Planning Area 4 and Planning Area 5 of the MCAS-Tustin Specific Plan (Lot 265 of Tract 16581), subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 23rd day of January, 2006. J NI LSEN Chairperson C~ ` ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4014 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of January, 2006. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A DESIGN REVIEW 05-019 AND CONDITIONAL USE PERMIT 05-037 RESOLUTION N0.4014 _~ CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall conform with the Tustin City Code and Tustin guidelines and standarcis and be consistent with submitted plans for the project date stamped January 23, 2006, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modrfcations are consistent with the provisions of the Tustin City Code, and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months. All time extensions may be considered if a written request is received within thirty (30) days prior to expiration date. (1) 1.4 Approval of Design Review 05-019 and Conditional Use Permit 05-037 is contingent upon the applicant 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 notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of Design Review 05-019 and Conditional Use Permit 05-037, the applicant shall agree, at its sole cost and. expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify ___ SOURCE CODES (1) STANDARD CONDITION (S) RESPONSIBLE AGENCY RE4UIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3} UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Resolution 4014 DR 05-019, CUP 05-037 Page 2 the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (*) 1.6 As required by Resolution No. 05-40, prior to issuance of the 420' building permit for the production units of the entire Columbus Square project, building permits for the senior housing shall have been issued and the first footing inspection for the senior housing shall have been completed. (*) 1.7 All conditions of Resolution No. 05-40 related to private on-site infrastructure shall be implemented. (*) 1.8 The "Affordable Housing Plan and Density Bonus Application" approved for the Columbus Square and Columbus Grove developments shall be amended to include the revised design and location of the affordable housing units provided in the senior housing project. GRADING PLAN SUBMITTAL (1) 2.1 Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer, shall be submitted and shall include the following: A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. B. Three (3) copies of a precise soils report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. C. Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. D. Information demonstrating that drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin`s "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989. E. Two (2) copies of a hydrology report. F. Information demonstrating that vehicle parking, primary entrance to _. the building, primary paths of travel, sanitary facilities, drinking fountain, and public telephones for the recreation building shall be accessible to persons with disabilities. G. Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. Resolution 4014 DR 05-019, CUP 05-037 Page 3 (1) 2.2 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.3 The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.4 Prior to issuance of a grading permit, the applicant shall be required to provide a performance bond to assure grading work is completed in accordance with approved plans. The engineer's estimated cost shall be submitted to the Building Official for determination of the bond amount. (1) 2.5 A note shall be provided on the final plans indicating that a six (6) foot high chain link fence shall be installed around the site prior to grading. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. BUILDING PLAN SUBMITTAL (3) 3.1 At the time of building permit application, the plans shall comply with the ---- 2001 Califomia Building Code (CBC), 2001 Califomia Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (3) 3.2 Building plan check submittal shall include the following: • Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. • Structural calculations, two (2) copies. • Title 24 energy calculations, two (2) copies. • Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable • Details for the proposed windows and doors. • Roofing material shall be fire rated class "B" or better. • The location of any utility vents or other equipment shall be provided on the roof plan. • Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all r--~ proposed fixtures. All new light fixtures shall be consistent with the ~ architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall- mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be Resolution 4014 DR 05-019, CUP 05-037 Page 4 developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1)foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal and all equipment must be six (6) inches below the top of the parapet, subject to the approval of the Community Development Director. Noise attenuation features as required by Conditions 14.1 through 14.3 of this Resolution. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.3 Sufficiently sized concrete pad in front of mailbox structures shall be provided to allow mail carrier to place mail and homeowner to retrieve mail without standing in the street or landscape area. (3) 3.4 Vehicle parking, primary entrance to the pool and recreational building, the primary path of travel, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (3) 3.5 Provide area analysis for all compliance with allowable Code Chapter 5, Table 5-B. buikiings (residences and garages), and show oor areas based on 2001 Califomia Building (3) 3.6 Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California Building Code (Section 310.4}. (3} 3.7 Dwelling units shall be provided with heating facilities capable of maintaining a temperature of 70 degrees at a point three (3) feet above the floor in all habitable rooms in accordance with the 2001 California Building Code (Section 310.11). (1 } 3.8 The clear and unobstructed interior garage dimensions for each parking space shall be a minimum of ten (10} feet in width and twenty (20) feet in length and shall be shown on the plans. (4) 3.9 Information to ensure compliance with requirements of the Orange County Resolution 4014 DR 05-019, CUP 05-037 Page 5 Fire Authority shall be submitted including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. (1) 3.10 If determined feasible by the Building Official, the applicant shall implement one or more of the following control measures, if not already required by the SCAQMD under Rule 403 during construction as follows: a) Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces at all actively disturbed sites. b) Develop a construction traffic management plan that includes, but is not limited to, rerouting construction trucks off congested streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment on-site and off-site. c) Use electricity from power poles rather than temporary diesel or gasoline-powered generators. d) Reduce traffic speeds on all unpaved roads to 15 mph or less. e) Pave construction roads that have a traffic volume of more than 50 -- daily trips by construction equipment or 150 total daily trips for all vehicles. ~ .. f) Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). g) Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications to exposed piles of gravel, sand, or dirt. h) Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two (2) feet of freeboard (i.e., minimum vertical distance between top of the load and top of the trailer). i) Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweepers with reclaimed water when feasible). j) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site each trip. k) Use low VOC architectural coatings for all interior and exterior painting ____ operations. Resolution 4014 DR 05-019, CUP 05-037 Page 6 (1) 3.11 Add notes that all utilities placed under private streets are located a minimum of 36 inches below grade and revise street cross sections accordingly. PUBLIC WORKS DEPARTMENT (1) 4.1 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way along Edinger Avenue and West Connector Road. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to the following: a) b) c) d) e) 9) h) Curb and Gutter Sidewalk Drive aprons Catch basin/storm drain laterals/ connection to existing storm drain system Domestic water facilities Reclaimed water facilities Sanitary sewer facilities Underground utility connections In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation may be required. (1) 4.2 Preparation of plans for and construction of: a. All sanitary sewer facilities shall be submitted as required by the City Engineer and Irvine Ranch Water District. b. A domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. The adequacy and reliability of the water system design and the distribution of fire hydrants shall be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District. (1) 4.3 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 4.4 Any damage done to existing street improvements and utilities shall be repaired before issuance of a certificate of Occupancy. Resolution 4014 DR 05-019, CUP o5-037 Page 7 (1) 4.5 A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. (1) 4.6 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of--way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD uDWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 14 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been ---- submitted. (1) 4.7 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. Multi-Family Recycling a. The Applicant, Property Owner and/or tenant(s) are required to participate in the City's recycling program. b. Prior to issuance of a building permit, a solid waste recycling plan identifying planned source separate and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. WATER QUALITY (1) 5.1 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. Prior to issuance of any permit, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP Resolution 4014 DR 05-019, CUP 05-037 Page 8 shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. B. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $5,000.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. C. Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. D. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 5.2 Prior to issuance of grading permits, the applicant 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 Canstruction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. (1) 5.3 The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: A. Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. B. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or, contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 Resolution 4014 OR 05-019, CUP 05-037 Page 9 and 302. C. Potential pollutants include, but are not limited to, solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives, and solvents; asbestos fibers, paint flake or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water, concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushing. During construction, disposal of such materials shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. D. Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Gontrol Board. -- MODEL HOME PLAN AND CONSTRUCTION PHASING (1) 6.1 A site and striping plan for the model home complex shall be submitted for the model homes site shall be submitted for review and approval of the Community Development Department. All required improvements for streets, landscaping, ADA compliance, emergency access, security lighting, etc. shall be installed prior to final inspection for the model homes and the sales office. (1) 6.2 The developer shall close and convert the model homes to occupancy within 90 days from the last home sale of the same style home. Prior to issuance of building permits for the model homes, the developer shall submit a bond to ensure the conversion. LANDSCAPING/HARDSCAPE (1) 7.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. Resolution 4014 DR 05-019, CUP 05-037 Page 10 • Show planting and terming details, soil preparation, staking, etc. The imgation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. ^ Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. ^ The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. ^ Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. • Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. • Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of Five (5) feet on center. • Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. ^ All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. ^ Landscape adjacent to the right-of-way shall be in compliance with the requirements of MCAS Tustin Specific Plan. Perimeter walls should be treated with vines to relieve large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. (4) 7.2 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. AFFORDABLE HOUSING (1) 8.1 The subdivider shall comply with the obligations contained in Resolution Resolution 4014 DR 05-019, CUP 05-037 Page 11 No. 05-40 regarding affordable housing units. The senior housing project shall contain a minimum of 153 affordable units including 36 Very Low, 61 Low, and 56 Moderate Income units and at locations depicted on the submitted plans approved on January 23, 2006. PARKING (*) 9.1 The approved parking ratio of 1.7 parking spaces per unit is contingent on the property remaining a condominium senior housing complex for persons of 55 years and older with 153 affordable units. A minimum of 200 one-car garage spaces and 40 carports shall be provided. The project site shall also include a minimum of 130 open guest parking stalls and 28 parallel street parking and six (6) parking spaces assigned for exclusive use of the recreation center staff for a total of 169 open parking spaces. ORANGE COUNTY FIRE AUTHORITY (5) 10.1 Prior to the issuance of any grading, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. (5) 10.2 Prior to the issuance of a building permit, the applicant shall submit evidence of the on-site fire hydrant system to the Fire Chief and indicate whether it is public or private. If the system is private, it shall be reviewed and approved by the Fire Chief prior to building permit issuance, and the applicant shall make provisions for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. Please contact the OCFA at (714) 573-6100 or visit the OCFA website for a copy of the "Guidelines for Private Fire Hydrant &/or Sprinkler Underground Piping." (5) 10.3 Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief, and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 573- 6100 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." (5) 10.4 Prior to the issuance of any grading, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available an automatic fire extinguishing system may be required in each structure affected. (5) 10.5 Prior to the issuance of building permits, a note shall be placed on the plans stating that all residential structures (R-1 occupancies) and any structure exceeding 6,000 square feet (per amendment) shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. Resolution 4014 DR 05-019, CUP 05-037 Page 12 (5) 10.6 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573- 6100 for additional information. (5) 10.7 Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. (5) 10.8 Prior to the issuance of any grading or building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access, or Bulletin number 08-99, "Fire Department Access Requirements for A Single Family Residence." (5) 10.9 Prior to the issuance of a precise grading permit or building permit, the applicant shall submit and obtain approval of the Fire Chief and City Staff of plans for all public or private access roads, streets and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When adead- end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. Applicable CC&R'S or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 10.10 A note shall be placed on the fire protection access easement plan indicating that all street/road signs shall be designed and maintained to be either internally or externally illuminated in a manner meeting approval of the Fire Chief. (5) 10.11 Prior to the issuance of any grading or building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 573- 6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements," or Bulletin 06-99, "Fire Lane Requirements on Private & Public Streets Within Residential Developments." Resolution 4014 DR 05-019, CUP 05-037 Page 13 (5) 10.12 Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R'S or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes, and an enforcement method. (5) 10.13 Prior to the issuance of any grading permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." (5) 10.14 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 573- 6100 to obtain a copy of the standard combustible construction letter. (5) 10.15 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange Count}r Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal (5) 10.16 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." (5) 10.17 This system shall be operational prior to the issuance of a certificate of occupancy. NOISE (1) 11.1 Noise attenuation measures as recommended by the noise analysis shall be included with the construction drawings for plan check, which ensure a minimum outdoor-indoor transmission class (OITC) of 37. The interior and exterior noise levels (including balconies of six feet in width) shall comply with City of Tustin noise requirements. (1) 11.2 In accordance with the noise analysis, all units are required to include air conditioning units or fresh air intake systems to achieve the minimum interior noise level standards shall have these units installed prior to issuance of a Certificate of Occupancy. Prior to final inspection and ~ . issuance of certificates of use and occupancy, the developer shall provide an independent noise analysis verifying that interior noise levels comply - with Title 25 and City noise requirements. Resolution 4014 DR 05-019, CUP 05-037 Page 14 (1) 11.3 The perimeter sound walls are included as part of the master wall plans for Columbus Square currently under review. ENVIRONMENTAL. (1) 12.1 Additional measures related to development of this project as noted in the adopted EIS/EIR and are not previously identified in this exhibit as a condition of approval are required as follows: A. Prior to issuance of any permits, the developer shall retain a County-certified archaeologist. If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. C. The developer shall comply with the requirements established in a Palentological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. D. Prior to the issuance of any permit, the applicant shall provide written evidence to the Community Development Department that a County-certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. E. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. FEES (1x5) 13.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Resolution 4014 DR 05-019, CUP 05-037 Page 15 a. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule at the time of permit issuance. e. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of new or added gross square floor area of constnaction or improvements to the Community Development Department. f. Water and sewer connection fees to the Irvine Ranch Water District. g. New development tax is $350.00 per unit. h. School facilities fee in the amount as required by Tustin Unified School District. i. Other applicable parkland in-lieu fees and Tustin Legacy Backbone Infrastructure Program fees as required by Resolution No. 05-40. (1) 13.2 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 County Clerk in the amount of forty-three dollars ($43.00) 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. __ T - Attachment D City Council Resolution Nos. 05-40 and 06-17 and Ordinance No. 1297 AMENDED ON 3/7/05 ~.. RESOLUTION NO. 05-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP 16581 TO SUBDIVIDE 105.5 ACRES BOUNDED BY EDINGER AVENUE QN THE NORTH, VALENCIA NORTH LOOP ROAD ON THE SOUTH, AN INDUSTRIAL BUSINESS PARK AND SEVERYNS ROAD ON THE WEST, AND WEST CONNECTOR ROAD ON THE EAST FOR THE PURPOSE OF DEVELOPING 1,077 RESIDENTIAL UNITS WITHIN PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS-TUSTIN SPECIFIC PLAN (REUSE PLAN DISPOSAL PARCEL 23 AND PARCEL 24) The City Council of the City of Tustin does hereby resolve as follows: I. The Gity Council finds and determines as follows: A. That a proper application for Tentative Tract Map No. 16581 was submitted by Moffett Meadows Partners, LLC requesting subdivision of a 105.5 acre site into 386 numbered lots and 186 lettered lots for the -" purpose of development of 1,077 residential units, including 84 Single Family Detached (SFD), 181 Carriage Way SFD, 72 Multiple Family Attached (Senior Housing -for ownership tenure) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 570 Multiple Family Attached {MFR), 170 Multiple Family Attached (Senior Housing -for ownership tenure} for a total of 740 units at an Average density 17.53 du/acre far Planning Area 5 (Parcel 24) of the MCAS-Tustin Specific Plan, generally bounded by Edinger Avenue on the north, West Connector Road to the east, an industrial. office park to the west, and Valencia/North Loop Road to the south; B. That a public hearing was duly called, noticed, and held for said map on January 24, 2005, and continued to February 14, 2005, by the Planning Commission, and the density bonus and transfer of affordable units was considered concurrently with the development applications; C. As conditioned, the proposed subdivision will be in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan as proposed to be amended by Zone Change 04-003, State Subdivision Map Act, and the City's Subdivision Code; ,,,, D. That the proposed subdivision is in conformance with the MCAS Tustin Specific Plan as amended by Resolution No. 3950 for approval of Specific Plan Amendment/Zone Change 04-003; Resolution No. 05-40 Page 1 of 27 E, That the site is located in Planning Area 4 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential (1-7 units/acre) and Planning Area 5 of MCAS Tustin Specific Plan which is designated for Medium Density Residential (8-15 units/acre) and that the development as conditioned will be physically suitable for the type of development and proposed density of development; F. The applicant will be required to provide funding towards the project's fair share of Tustin Legacy Backbone Infrastructure Program, which includes improvements that are required to serve new development at MCAS- Tustin, including but not limited to roadway improvements; traffic and circulation mitigation to support development at the former MCAS-Tustin project; domestic and reclaimed water; sewer; telemetry systems; storm drains and flood control channels; retention and detention systems, open space and public recreational facilities; and, utility backbone systems. G. That the proposed subdivision would not have an impact on school district facilities within the Tustin Unified School District in that school impacts for development were considered in the MCAS Reuse Plan which identified school facility sites that will be conveyed to the Tustin Unified Schoo! District by the Federal Department of Education or the City of Tustin to serve development of property at the former MCAS Tustin. The MCAS Tustin Specific Plan, and the Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR} and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the Tustin Unified School District prior to issuance of certificates of use and occupancy, which will be collected prior to issuance of building permits in accordance with the City's procedures; H. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area dated August 9, 2002. J. That development of the site will require the developer to dedicate in fee title property to the City of Tustin including portions of Severyns Road to the City of Tustin for public roadways and utility purposes as shown on the Tentative Tract Map 16581. K. To ensure there is adequate infrastructure to support buildout of the project, construction of all public infrastructure and in-tract private streets and utility systems is required within the initial phase of development. In Resolution No. 05-40 Page 2 of 27 _ addition, to ensure orderly development and the systematic provision of required affordable housing, construction phasing of affordable units will be required to be reasonably proportionate to market rate units. L. That the MCAS Tustin Specific Plan requires the provision of affordable housing affordable to very low, low, and moderate income level persons. The applicant has submitted a request for incentives for the development of affordable housing (i.e., density bonus) in Planning Areas 4 and 5 and has requested the transfer of 22 affordable units (8 Very Low and 14 Moderate income) from Planning Area 4 and Planning Area 21 to Planning Area 5 and 25 (8 Very Low and 15 Low income) from Planning Area 21 to Planning Area 5. In accordance with Section 3.9.4.1.3.f of the MCAS Tustin Specific Plan, which provides for the transfer of affordable housing unit obligations to an off-site location at the City's sole discretion, the transfer of these units is appropriate in that they are proposed to be located in condominium units (including senior housing -for ownership tenure) project in Planning Area 5, which will offer equivalent housing opportunities. The applicant will be required to enter into a Housing Incentive Agreement to ensure the provision of affordable housing. M. That the MCAS Tustin Specific Plan process included public conveyance of City parks and an Urban Regional Park and individual developers were relieved of the requirement to dedicate land for park purposes; however, the developer is required to provide funding toward the project fair share of Tustin Legacy Open Space and Recreational facilities including payment of a parkland dedication in-lieu fee subject to the provisions of the MCAS Tustin Specific Plan and the City's parkland dedication ordinance (Section 9331 of the Tustin City Code), which permits a credit for public recreational open space if affordable housing is being provided. The subdivider is providing 4.9 acres of private parkland in the proposed subdivision and has requested a waiver of parkland dedication fees pursuant to Section 9931d(1)(c) of the Tustin City Code far the 241 affordable housing units to be provided in the subdivision and a credit for 3.66 acres private parkland that will be provided and accessible to the public on the park site through public easements on the development site. It is appropriate to waive a portion of the fees since affordable housing units will be provided within Planning Areas 4 and 5 and provide a credit for a portion of the park areas that will be accessible to the public. N. With development of this site, the applicant has requested a density bonus, density averaging, and an affordable housing plan for transfer of lower income and moderate income units from Planning Area 4 and Planning Area 21 to Planning Area 5, which will be binding with execution _, of a Housing Incentive Agreement. Since 63 percent of the affordable units required for the project site are located in the senior housing project (for ownership tenure), no portions of the project shall be subdivided until Resolution No. 05-40 Page 3 of 27 design, phasing, and tenure of the senior housing project is completed to the satisfaction of Community Development Department. In addition, to ensure orderly development and the systematic provision of required affordable housing, construction phasing of affordable units will be required to be reasonably proportionate to market rate units. O. Section 9121 of the Tustin City Code requires the granting of a density bonus of twenty-five {25) percent of the total units and at least one concession or incentive when an applicant agrees to provide at feast twenty (20) percent of the total units (excluding the density bonus) of the housing development as target units affordable to lower income households (i.e., Target Units}. The applicant is providing 1$6 target units and requested a density bonus for construction of 182 units in Planning Areas 4 and 5. No financial incentive has been requested. P. That the Building Official has considered and approved deviations to the Private Improvement Standard to allow turning radii of less than 25 feet for private drives when acceptable turning radii for a forty (40) foot long by eight (8) feet wide moving truck is demonstrated on the Circulation Plan. Q. That a Final Environmental impact Statement/Environmental Impact Report far the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR) was prepared and certified, which considered the development of low density development within Planning Area 4 and medium density development within Planning Area 5. A checklist was prepared that finds all potential impacts of the project were addressed by the cert~ed FEIS/EIR and no additional impacts have been identified; all applicable mitigation measures in the FE15/EIR have been included as conditions of approval. The Planning Commission has adopted Resolution No. 3949 recommending that the City Council find that the FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan adequately addressed all potential impacts related to the subdivision. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 16581 for the subdivision of 105.5 {gross) acre site into 386 numbered lots and 186 lettered lots for the purpose of developing 1,077 residential units, including 337 units within Planning Area 4 and 740 units in Planning Area 5 {Parcel 23 and Parcel 24), subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 22nd day of February, 2005. 2 I_OU BONE Mayor Resolution No. 05-40 Page 4 of 27 PAME STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE } SS CITY OF TUSTIN } 1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, Califamia, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 05-40 was duly passed and adopted at a regular meeting of the Tustin City Cauncil, held on the 7~' day of March, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA (5) NONE (p) NONE - ca) PA ELA STOKER City Clerk Resolution No. 05-40 Page 5 of 27 EXHIBIT A -TENTATIVE TRACT MAP 16581 RESOLUTION NO. 05-40 CONDITIONS OF APPROVAL GE {1) 1.1 Within 24 months from tentative map approval, the subdivider shall record with appropriate agencies, a lino! map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. Prior to submittal for initial City review, all corrections noted herein shall be made. A revised tentative tract map that includes all corrections contained herein shall be submitted prior to the issuance of any permits or submittal of the first final tract map, whichever occurs first. If multiple final maps are proposed, each map shall comply with all requirements herein and the requirements for phasing set forth in Condition 2.1. (1) 1.2 Resolution No. 05-40 shall become null and void in the event that Resolution Nos. 3949, 3951, 3953 approving Goncept Plan 03-003 as applicable, and which were approved by the Planning Commission, Specific Plan Amendment/Zone Change 04-003, Design Review 04-006, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Areas 4 and 21 to Planning Area 5 is not approved by the City Council. (1 } 1.3 Approval of Resolution No. 05-40 is contingent upon the applicant 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 notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. 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 Resolution No. 05-40 Page 6 of 27 __ (1) 1.4 The final tract map(s) shall be developed in accordance with Resolution Nos. 3951, and 3953 approving Concept Plan 03-003, Design Review 04- 006, and Resolutions 05-38, 05-39 approving Specific Plan Amendment/Zane Change 04-003, and the Affordable Housing Plan and agreement and Density Bonus Application. All conditions of approval herein, as applicable, shall be satisfied prior to recordatian of a final map or as specified herein. (1 } 1.5 The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, the MCAS Tustin Specific Plan, applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City of Tustin, unless otherwise mod~ed by this Resolution or Resolution Nos. 05-38, 05-39, 3951, and 3953. {5) 1.6 Prior to recordation of the first final map, the subdivider shall be required to execute bonds or pay fees for grading permits, Quimby Act obligations, and Tustin Legacy Backbone Infrastructure Program improvements as determined by the City Council, required to be made by the developer pursuant to City procedures. (1) 1.7 Prior to recordation of the final map, the subdivider shall execute a subdivision and monumentation agreement and furnish the improvement and monumentation bonds as required by the City Engineer. (1) 1.8 Prior to final map approval by the City Council, the subdivider shall execute ahold-harmless agreement and provide a Certificate of Insurance pursuant to Section 9325 of the Tustin City Code. (1) 1.9 The subdivider shall not oppose any future creation of a landscape and lighting district for maintenance within the public right-of-way or of public parkland, or community facilities district for funding of Tustin Legacy backbone infrastructure ar municipal service provision to the project site, or a future community facilities district for school purposes and shall comply with the following: 1.9.1 Prior to recordation of a final subdivision map creating building sites ("B Map"), a mutually acceptable "Mitigation Agreement" shall be entered into with the Tustin Unified School District. (1 } 1.10 Prior to final map approval, the subdivider shall submit: A. A current title report; and, B. A duplicate mylar of the Final Map, or 8'/z inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance. Resolution No. 05-40 Page 7 of 27 (1) 1.11 Upan recordation of any final map or submittal of an application for building permits, the applicant shall obtain new addresses from the Engineering Division. (1) 1.12 As a condition of approval of Tentative Tract Map 16581, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, ar 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 or from any potential flooding impacts. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.13 As required by Amendment Na. 1 to the Joint Cooperative Agreement between the City, the County of Orange, and the Orange County Flood Control District (OCFCD), the applicant shall indemnify and defend the City, County of Orange ("County") and the Orange County Flood Control District ("District") against any claims, loss, liability or damages arising from damage to property or injury to persons resulting from flooding and/or erosion within Tract 16589. The applicant shall ensure that it has adequate assets in existence to fund this obligation until completion of future widening and Peters Canyon Channel improvements. These defense and indemnify obligations do not extend to any loss, liability, or damages established by a court of competent jurisdiction to be cause by the County's or District's negligence or willful misconduct in the design or maintenance of existing flood control improvements in the Peters Canyon Channel, provided the failure to improve Peters Canyon Channel adjacent to Parcels in the City of Tustin and City of Irvine will not constitute negligence or willful misconduct on the part of the District or County. (1) 1.14 The applicant is required to prepare and record a final subdivision map. (1) 1.15 Unless otherwise agreed by the City in its sole discretion, the Developer Parcel, the property within the tract or any street or sidewalk or alleyway thereon shall not be privately gated, provided however, that any swimming pool and/or spa facility within the Common Area and any indoor Common Area Improvement, including any clubhouse and bathrooms, may be gated ar lacked and made available solely to residents of the Project and their guests. Resolution No. 05-40 Page 8 of 27 . (*) 1.16 Approval of Tentative Tract Map 16581 shall be contingent upon conditions of approval contained within Planning Commission Resolutions 3949, 3950, 3951, 3952, and 3953, as applicable. PROJECT PHASING (*) 2.1 Construction phasing of product types and units (including affordable units) on individual multiple family product planning areas within the tract (i.e., PA 5-1, PA 5-2, PA 5-4, PA 5-5, PA 5-6, and PA 5-7) shall occur concurrently as shown on Sheet CP-8 (Phasing Plan) and as noted in the conditions of approval contained herein with the exception of the senior housing project that requires submittal of a separate design review application and any associated required applications and separate affordability production monitoring as identified in Condition 2.2. (") 2.2 The senior housing shown on the tentative tract map is provided for general location and number of units and does not represent final City approval except that 153 affordable units shall be provided at this site including 36 Very Low, 61 Low, and 56 Moderate income units. A complete design review application for the senior housing including a site plan delineating adequate access non-intrusive to low density residential units, adequate parking, landscaping, fire access, architectural floor plans, elevations, materials and colors for the housing units and the recreational building, and a phasing plan for the construction of the affordable units along with the market rate units in the senior housing shall be submitted and approved prior to issuance of building permits for the first production unit of the entire Columbus Square project. A production unit is defined as a unit included in Phase I and subsequent phases of the Phasing Plan {not including initial phase or model homes). Any deviation from the MCAS Tustin Specific Plan parking standards for the senior housing would require approval of a conditional use permit which would include submittal of a parking analysis that would justify reduction in the number of required parking spaces, subject to review and approval of the City's traffic engineer. If the developer is not able to justify the reduction in parking and/or the conditional use permit is not approved, the developer agrees to a proportionate reduction in the number of units. Except in no case, shall the number of affordable units approved herein for the senior housing project be reduced. Prior to issuance of the 100' building permit for the production units of the entire Columbus Square project, building permits for the senior housing shall have been issued and the first footing inspection for the senior housing shall have been completed. In addition, construction of the recreation building and park facilities shall be completed prior to the issuance of the 420` building permit (50 percent of non-restricted). (") 2.3 The developer shall develop, market and sell Very Low, Low, and Moderate income ("affordable units") in the individual multiple family Resolution No. 05-40 Page 9 of 27 product planning areas (i.e., PA 5-1, PA 5-2, PA 5-4, PA 5-5, PA 5-6, and PA-5-7} as shown on Sheet CP-8 and shall construct and market and sell such units in equal proportion to the market rate units as shown on the Phasing Plan for each individual multiple family planning area and as per the conditions of approval contained herein including Condition 2.1. If there is any deviation from provisions contained herein for the individual multiple family product planning areas and as required in Condition 2.1 as determined by the Community Development Department upon written notice to the applicant or applicable vertical hams builder responsible for development of the planning area, no additional building permits shall be issued by the Community Development Department for additional units on subsequent phases in a planning area (PA) until compliance with said provisions has been demonstrated to the satisfaction of the Director of Community Development. In reviewing compliance, the Director shall utilize objective information such as the number of market rate and affordable units constructed to date in the planning area based on the approved Phasing Plan and Building Division records and data on the number of market rate and affordable units sold in an individual phase which shall be provided by the developer upon written request of the Director. The requirements of this Condition shall be disclosed by the applicant to ail vertical home builders and with each final conveyance map. (~) 2.4 Prior to recordation of the first final map including a conveyance map, or first building permit, whichever occurs first, the applicant shall enter into a Housing Agreement with the City to ensure implementation of the Affordable Housing requirements of the Specific Plan, the City's Density Bonus Ordinance, the City approved "Affordable Housing Plan, Density Bonus Application, and the City's Affordable Housing Policy and compliance with Califomia Health and Safety Cod$ Section 33413{b}(2). The development shall include 266 affordable units in Planning Areas 4 and 5 including twenty-five {25) affordable units transferred from Planning Area 21 to Planning Area 5. (*) 2.5 Design and construction of all public infrastructure and in-tract private streets and utility systems shall be constructed within the initial phase of development and shall be completed prior to the issuance of building permits for any Phase 1 unit as identified on Sheet CP-7 (Phasing Plan), unless a modified phasing plan for in-tract private streets and utility systems only is reviewed and approved by the Building Official and the Orange County Fire Authority in compliance with all applicable codes and standards including the California Fire Code for access and water supply during construction and occupancy of production units. However, said modified phasing plan far in-tract private street and utility improvements only shall not impact any other condition captained herein or any other City approval. Model units may be constructed prior to completion of Resolution No. 05-40 Page 10 of 27 infrastructure if adequate ingress and egress is provided to the satisfaction of the Building Official and Orange County Fire Authority. Project infrastructure (i.e., drives within condominium projects) and utilities shall be constructed at the time of project development. (*) 2.6 The developer shall submit to the City an Affordable Housing Purchaser Selection and Criteria Plan for Redevelopment Agency ("agency") review and approval 30 days prior to approval of a final map or issuance of a building permit, whichever occurs i:trst. The agency will approve or disapprove the Affordable Housing Purchaser Selection and Criteria Plan within 20 calendar days. The developer shall initiate marketing and sales of the Affordable Housing units after the agency's approval of the Developer's Affordable Housing Purchaser Selection and Criteria Plan. Sale of Affordable Housing units can begin after final map recordation and all necessary California Department of Real Estate approvals. The developer shall also submit to agency individual escrow instructions for buyers of Affordable Housing units and all other related documents at least 20 calendar days prior to close of escrow of individual Affordable Housing units and with submission of individual escrow instructions and related items by the developer to the agency. The agency shall approve or disapprove individual escrow instructions and related items for buyers of Affordable Housing units within 10 calendar days following submission by developer. GENERAL CONDITIONS FOR ALL NON-BACKBONE INFRASTRUCTURE IMPROVEMENTS The following general conditions apply to Tustin Legacy Non-Backbone Infrastructure improvements, as specified in each condition to ensure coordinated design, construction, and operation of all on- and off-site infrastructure and utility systems. (1) 3.1 Separate 24" by 36" street improvement plans far all Tustin Legacy Non- Backbone Infrastructure Improvements ident~ed in the following Conditions and other public improvements, as prepared by a California Registered Civil Engineer, shall be required for all design and cans#ruction within the public right-of-way including but not limited to the following: A. Full width improvements on Severyns Raad, project entries at Valencia North Loop Road/Lot P and West Connector Raad/Lot T; B. Sidewalk, including curb ramps for the physically disabled, on both sides of Severyns Road, the south side of Edinger Avenue, the north side of Valencia North Loop Road, and the west side of West Connector Road: The project shall comply with City of Tustin Standard Plan No. 204 far construction of meandering sidewalks and shall comply with ADA accessibility requirements far all proposed sidewalk grades on public Resolution No. 05-40 Page 11 of 27 streets. All public sidewalks, paseos, and trail facilities shall comply with the provisions of the American with Disabilities Act; C. Catch basins/storm drain laterals/connections to the existing storm drain system along Valencia North Loop Road, Severyns Road, and West Connector Road with approval of City of Tustin; D. Domestic water facilities and reclaimed water facilities: The domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District; E. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the City Engineer and Irvine Ranch Water District (IRWD). These facilities shall include a gravity flow system per the standard of the Irvine Ranch Water District ; F. Landscapelirrigation on both sides of Severyns Road subject to Navy approval within the LIFOC areas, on the south side of Edinger Avenue and the median on Edinger Avenue adjacent to the project site, the median on Edinger Avenue from 1400 feet of Red Hill Avenue to West Connector Road, both sides of Valencia North Loop Road adjacent to the project site, and the west side of West Connector road adjacent to the project site; G. Undergraund utility connections: All utility lines shall be placed underground by the developer; H. Fire hydrants; Demolition and removal of any abandoned utilities at the entire site including within the current proposed roadway sections. J. Traffic signals at Lot P/Valencia North Loop and Lot T/Vllest Connector Road; and, K. Storm drain facilities on Severyns Road per City's Run-aff Management Plan for Tustin Legacy. All public access easements outside of the existing or proposed street rights-of-way shall be clearly shown and labeled on the plans and street Resolution No. 05-40 Page 12 of 27 sections and design and placement of utilities such as light poles, street furniture, traffic lights, etc. will be subject to design parameters established by the City. In addition, a 24" by 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, shall be required. (5) 3.2 All public improvements, including, but not limited to, water supply, sanitary sewer facilities, reclaimed water supply, storm water drainage, electrical service, gas service, and other facilities and utilities shall comply with the City of Tustin General Plan, the MCAS Tustin Specific Plan, City development standards and guidelines, and all conditions contained herein, including, but not limited to, the following: A. The project shall comply with City of Tustin Standard Plan No. 204 far construction of a meandering sidewalk and ADA accessibility requirements for all proposed sidewalk grades on public streets. B. All landscape setbacks shall be consistent with the City of Tustin MCAS Specific Plan. C. Adequate horizontal and vertical intersection sight lines shall be provided and shown on the grading plan and landscape plan. A minimum 25 foot by 25 foot limited use area triangle shall be provided to ensure adequate sight lines at ali driveways and the applicant shall comply with the City of Tustin's Standard Drawings and Design Standards for Public Works Construction No. 510 for all public and private intersection sight distances and limited use area requirements for the project's streets. (1) 3.3 Prior to any final map recordation, the development applicant shalt enter into an agreemen# with the City of Tustin and any appropriate regional utility agencies, districts, and providers, as applicable, to dedicate all easement, rights-of-way, or other land determined necessary to construct adequate utility infrastructure and facilities to serve the project, including but not limited to the following: IRWD, SCE, SBC, The Gas Company, Cox Communications, etc. (1) 3.4 A complete hydrology study and hydraulic calculations shall be submitted to the City for review and approval. (1) 3.5 The minimum pipe diameter for all public storm drains shall be 24 inches. _ (5) 3.6 All storm drains to be constructed within or adjacent to the development shall be designed per the applicable OCFCD and City of Tustin standards. Resolution No. 05-40 Page 13 of 27 (1) 3.7 The proposed private and public drainage collection systems shall be designed for a minimum 25-year storm frequency and a 100-year storm frequency far regional facilities. The applicant shall submit hydrology studies for the existing and proposed drainage conditions for both the 25- year and 100-year storm events for the City's and County's review and approval and provide mitigation to maintain storm water discharges for the proposed condition that is consistent with the existing condition discharges for the site. {1) 3.8 A detailed hydrology and hydraulic analysis for 25-year and 100-year storm frequencies shall be provided for both the existing and proposed conditions to determine any requirements for on-site storm water retention/detention and facility sizing. The applicant shall also be required to accept upstream storm water that would historically cross the property and detain/retain on the property such upstream water so that the release of said water into downstream regional flood control systems does not exceed historical flow rates or the downstream capacity of such systems. (1) 3.9 All proposed utilities and storm drain lines shall be labeled as being either private or public, subject to approval by the Public Works Director and applicable utility providers. (1) 3.10 The minimum grade on gutter flow lines shall be 0.4 percent (including the flow line grades in street tapers and horizontal curves). Construction of catch basins, storm drain laterals, and junction structures shall be required to eliminate the need for cross gutters on public streets. (1) 3.11 Prior to issuance of an encroachment permit, the applicant shall prepare a sedimentation and erosion control plan far atl work related to this development. (1) 3.12 Preparation and submittal of a final grading plan shall be provided showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: A. Final street elevations at key locations; B. Final pad/finished floor elevations and key elevations for all site grading as established by the approved hydrology report and elevations provided by the OCFCD; and, C. All flood hazards of record. (1) 3.13 Prior to the recordation of the first final map, the applicant shall be required to enter into a landscape maintenance agreement with the City of Tustin for all parkway improvements within public right-of-way along Edinger Avenue, West Connector Road, Valencia North Loop Road, and the public portion of Severyns Road. Resolution No. 05-40 Page 14 of 27 (1 } 3.14 In addition to the normal full size plan submittal process, al! final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required #o be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based {latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format {i.e., produced using AutoCAD or AutoCAD compatible CADD software}. The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting the "as built" conditions shall be submitted once all construction has been completed. The subdivision bands will not be released until the "as built" CADD files have been submitted. TUSTIN LEGACY BACKBONE INFRASTRUCTURE_PROGRAM (1) 4.1 This Subdivision necessitates the construction of certain infrastructure improvements as outlined in the Tustin Legacy Backbone Infrastructure Program for the former MCAS Tustin. The applicant shall fund its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure and shall provide security satisfactory to the City to insure that the entire Fair Share Contribution is paid to the City, including amounts due for the Government Parcels within the City of Irvine as required in the Cooperative Agreement between the City of Tustin and Marble Mountain Partners LLC, dated February 7, 2005. Where the applicant is required to design and construct Legacy Backbone infrastructure as a condition of approval, the applicant shall be reimbursed pursuant to the cooperative agreement. (1) 4.2 The applicant shall design and construct the traffic signal at West ConnectorNalencia North Loop Road in the first phase of development of Tentative Tract Map 16581. Far all design and construction within the public right-of-way, separate plans shall be provided, which include all plans and specifications and estimates necessary to conduct a public bid process. ('`) 4.3 In the event #hat the February 7, 2005, award of contract for the Valencia/Armstrong project is set aside by a court of competent jurisdiction, or the City is otherwise enjoined from performing that contract, or the construction of backbone infrastructure containing water, sewer, or Resolution No. Q5-40 Page 15 of 27 other utilities {the "backbone Utilities") necessary to serve the project is delayed far these or other reasons such that the Backbone Utilities are not available at time of building permit issuance, no building permit shall be issued {unless OCFA approves an alternative for firefighting water) until such Backbone Utilities are available to the project. In the event said Backbone Utilities are not constructed because the award of contract for the Valencia/Armstrong project is set aside by a court of competent jurisdiction, or the City is otherwise enjoined from performing the contract, the developer may construct the Backbone Utilities, subject to review and approval of the Director of Public Works and Community Development Director. In any event, no certificate of use or occupancy shall be issued unless such Backbone utilities are available to the project. PRIVATE IN-TRACT IMPROVEMENTS (3) 5.1 Prior to the issuance of precise grading permits, infrastructure construction plans, as prepared by a California Registered Civil Engineer, shall be required for all private, on-site construction. All design and construction of improvement work shall incorporate applicable conditions contained within Resolution No. 3953 and shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989, or as subsequently amended. Said plans shall include, but not be limited to, the following; A. Curbs and gutters on all streets; B. Sidewalks on all streets, including curb ramps far the physically disabled; all sidewalks, pathways, paseos, and trails shall comply with the provisions of the American with Disabilities Act; C. Drive aprons; D. Signing/striping plan; E. Street and drive aisle paving; ail private streets, drive aisles, and curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Ofi'icial, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; F. Catch basin/storm drain laterals/connections to the public storm drain system with approval of the City of Tustin; G. Domestic water facilities and reclaimed water facilities: The domestic water system shall be designed and installed to the standards of the Irvine Resolution No. 05-40 Page 16 of 27 _. Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of the water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District (IRWD); H. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and IRWD. These facilities shall be consistent with the standards of the Irvine Ranch Water District; t. Underground utility connections: All utility lines shall be placed underground by the developer; J. Fire hydrants; K. Demolition/removal of utilities in accordance with the demolition/severance plan as required herein; l.. Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with aCity-franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities. (3) 5.2 Prior to the issuance of building permits, construction plans, as prepared by a California Registered Civil Engineer, shall be required for the following private improvements: A. Street lighting: The private street lighting s~+stem shall be reviewed and approved by the City of Tustin and SoutherntCalifornia Edison; B. Landscape/irrigation; C. Trash facilities; The applicant shall provide commercial trash collection and obtain approval from the Engineering Division for the location, size, and trash enclosures. (1) 5.3 All improvement work shall be performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989. Resolution No. 05-40 Page 17 of 27 COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (1) 6.1 The applicant shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: A. Prior to any work in the public right-of--way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. B. The applicant shall obtain permission from affected property owners for any work located on adjacent properties or on LIFOC parcels, including the property owned by the Department of Navy. C. The applicant shall obtain all approvals and permits from the applicable property owners and agencies for work within the City limits. D. The applicant shall coordinate the design and construction of the bus stop locations with the Orange County Transportation Authority. E. The applicant shall obtain written approval and/or permits from the applicable utility companies. F. The applicant shall obtain permission from property owners for any work located on adjacent properties. CONSTRUCTION (1) 7.1 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract within the subdivision to the satisfaction of the City Engineer. (1) 7.2 The applicant shall comply with all waste diversion requirements. The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the applicant is required to comply with Section 4327 of the Tustin City Code which details the requirements far developing and implementing a Waste Management Plan. GRANTS IN FEE AND DEDICATIONS (1) 8.1 The applicant and subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of parts of Severyns Road and West Connector Road, traffic signal equipment and maintenance easements of Valencia North Loop Road/Lot P and West Connector Road/l_ot T, drainage and flood control right-of-way easements for acceptance and conveyance of existing flows from the adjacent Resolution No. 05-40 Page 18 of 27 business park westerly of Planning Area 4, pedestrian and vehicular access rights, utility easements and public parks, defined and approved as to specific locations by the City Engineer and o#her agencies, for this project. Reciprocal ingress, egress, parking, utility and pedestrian access easements may need to be provided between and across certain privately own and maintained lots and within the lettered lots. (1) 8.2 The applicant shall identify the easements for public use of privately owned parks and related public access easements on the final map. (1) 8.3 The applicant shall dedicate in fee title to the City of Tustin portions of Severyns Road for public roadways and utility purposes as shown an the Tentative Tract Map 16581. (1) 8.4 All dedication and/or offers of dedication shall also state that the City of Tustin shalt be permitted to obtain, at no cost, a right-of--entry and temporary construction easement for all on-site joins when the ultimate street improvements are constructed. The right-of-entry and temporary construction easement shall terminate on the date that the Notice of Completion is recorded at the Orange County Recorder's office. (1) 8.5 The applicant shall provide an ingress/egress easement an fats "P," "T," "R," "U" and "X" for Department of Navy to access IRP-16. (1 } 8.6 The applicant shall dedicate public access and maintenance easements to the City of Tustin fro sidewalk along Valencia North Loop Road and West Connector Road. CC&RS (1) 9.1 All organizational documents for the project including any covenants, conditions, and restrictions (CC&Rs} shall be submitted to and approved by the Community Development Department, City Attorney's Office, and Special Counsel. Costs for such review shall be borne by the subdivider. The approved CC&Rs shall be recorded with County Recorder's Office at the same time as recordation of the final map. A copy of the final documents shall be submitted to the Community Development Department after recordation. No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowners association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain a!I other mutually available features of the development including, but not limited to, open space, amenities, landscaping, ar slope maintenance landscaping, private streets, and utilities. No dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved Resolution No. 05-40 Page 19 of 27 phases thereof, have been completed or completion is assured by a development agreement or financing guarantee method approved by the City. The 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 CC8~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 recreational buildings and amenities, landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails), parkland facilities and bikeways, and open space areas. D. Membership in the homeowners association shall be inseparable from ownership in individual units. 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, exterior mechanical equipment, television and radio antenna, consistent with the Tustin City Code and the MCAS Tustin Specific Plan. F. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below. 1. All common area landscaping and private areas visible from any public way shalt be property maintained such that they are evenly cut, evenly edged, free of bare or brown spats, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shat! 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 shalt also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas 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. Resolution No. 05-40 Page 20 of 27 _. 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. G. Homeowners association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. H. Private open space areas within the common area 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 common open space area that are allocated for private use and public use and access rights in perpetuity. The CC&Rs shall include a separate 8%z inch by 11 inch dimensioned site plan for each unit that is allocated private open space. I. The approved site plan showing the public portion of the park site and associated public easements that will be accessible to the public and provisions for maintenance of these areas by the Homeowners Association. J The approved "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 fallowing: 1. All units are required to maintain the required number of garage spaces based on Table 3-4 of MCAS Tustin Specific Plan_ 2. A minimum of 562 unassigned guest parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit" and have a minimum length of twenty-two (22) feet per stall for on street parking. 3. 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, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the homeowners association may adopt rules and regulations to authorize exceptions. 4. Residents shah park vehicles in garage spaces. Storage of Resolution No. 05-40 Page 21 of 27 personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. 5. The homeowners association shall be responsible far monitoring and enforcing all parking and traffic regulations on private streets. The proposed CC&Rs shall include provisions requiring the association to develop and adapt an enforcement program for parking and traffic regulations within the development which may include measures for fire access and enforcement by a private security company. K. Provisions for enforcing individual trash bin placement at designated curb areas as shown on the approved "Curbside Trash Pick-up Exhibit" na earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. L. Maintenance of lettered and numbered Lots (including but nat limited to Lots 264, 265, 297, 335 and 369 Lots A-m, P-u, X-Y, CA-CF, DA-DJ, FA- FD, AA-AR, BA-BC, EA-EG, GA-GH, HA-HO, iA-IL AAA-AAJ, BBA-BAF, BBA-BBZ, CCA-CCO, DAA, DDA-DDZ), containing all common areas, public and private park areas, streets, alleys, paseos, etc., shall be by the homeowners association. M. Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. N. All utility services serving the site shall be installed and maintained underground. O. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one member of the homeowners association 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. P. The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities far maintenance of their facilities within the project area, subject to those agencies' approval. Q. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the Resolution No. 05-40 Page 22 of 27 _. project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. R. No delivery and or moving trucks larger than 40 feet shall be permitted on the private drives of the condominium projects with less than 25 foot radius turns. HOMEBUYER NOTIFICATION (1) 10.1 Prior to recordation of the final map, the subdivider shall submit to the Community Development Department far review and approval a homebuyer notification document that includes the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of the signed notification shall be provided to the Community Development Department prior to hnal inspection and/or issuance of each Certificate of Occupancy. A. A notice for roadway, trail, and train noise that may impact the subdivision, including roadway noise associated with, Edinger Avenue, North Loop Road, West Connector Road, and train noise associated with the rail corridor north of the project. The notice shall indicate the current number of trains per day (59) and the estimated to increase to over 100 trains on a 24 hour basis by the year 2020. The notice shall indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field-testing determines inadequate noise insulation. B. A notice, to be reviewed by the City of Tustin and the Tustin Unified School District, regarding the location of existing and proposed elementary, middle, and high schools which will serve the subdivision (text and map) and advice to homebuyers that proposed school sites may never be constructed. C. 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. D_ A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and may require zoning clearance and a business license. E. A notice indicating that public use of a minimum one (1) acre or more portion of the park site, to be maintained by the homeowners association, __ wilt be allowed and noting public ingress and egress through the subdivision will be provided for access to the park. Resolution No. 05-40 Page 23 of 27 F. A notice explaining the easements, facilities, amenities, and dedications that will be provided on lettered lots and indicating all on-site streets, alleys, paseos, and common areas are to be maintained by the homeowners association. G. A notice, to be approved by the City Attorney, indicating that neither the site, nor the project nor any part thereof any street or sidewalk, alleyway, or paseo thereon shall be privately gated, provided however that any swimming pool and/or spa facility within the common area and any indoor common area improvements, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the project and their guests. H. A notice stating that all development within the site is approved for ownership tenure only per Chapter 3.9.3J5 of the MCAS Tustin Specific Plan. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Curbside Trash Pick-up Exhibit" no earlier than noon an the day before scheduled collections and removed within twelve (12) hours of collection. J. A notice indicating 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. K. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, etc. may not be allowed. L. A notice explaining and providing a copy of a "Private Open Space Exhibit" and separate 8% inch by 11 inch dimensioned site plan for each unit that is allocated private open space within the common area. M. A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. N. A notice explaining that 241 affordable housing units will be dispersed throughout the site. These units will remain affordable for a period of forty- five (45) years or longer. O. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. P. The developer shall notify al! homebuyers that future Resolution No. 05-40 Page 24 of 27 ._ Assessment/Maintenance Districts may affect the property. Q. The project is located adjacent to a future fire station site at the southwest corner of Edinger Avenue and West Connector Raad that will be operating 24 hours. ENVIRONMENTAL MITIGATION (1) 11.1 All mitigation measures related to the tentative tract map required by the adapted Mitigation Monitoring Program for the MCAS Tustin Reuse Plan/Specific Plan FEIS/EIR that are required by the Mitigation Monitoring Program for the project, identified in this exhibit and in other project entitlements, shall be implemented. (1) 11.2 As part of the final design process and to comply with the Final EIR/EIS requirements far the Disposal and Reuse of MCAS Tustin, the applicant shall submit detailed hydrology calculations of 100-year storm events for the existing pre-project condition and far the project condition. As part of the study, the project's contribution to the overall increase in stormwater runoff from the redevelopment of MCAS Tustin shall be estimated and the potential design and construction costs to mitigate the increase storm water discharge contribution from the project shall be determined. PARKS AND RECREATION (1) 12.1 The applicant shall at its sale cost and expense comply with the Quimby Act, California Government Code Section 66477 and shall as a condition precedent to issuance of building permits for the vertical improvements or any portion thereof. Developer's Quimby Act fee obligations shall be in the amount of a cash payment for the net required parkland requirements in the tract equal to a net acreage of 3.20 acres, or as adjusted by approved final map, times an appraised value of land for the tract as approved by the City pursuant to City Code Section 2.7 and 3.11.18 of the MCAS Tustin Specific Plan minus the improvement cost far the development of an-site private parkland approved for parkland credit in an amount based on improvement plans and cost approved in writing by the Director of Parks and Recreation Department not to exceed $675,000 per acre. In order to secure developer's obligations pursuant to the Quimby Act, developer shall be required to post a performance bond complying with City Code Section 9931(d) in favor of the City, with the Surety in a form and substance acceptable to the City Attorney equal to total of 8.83 acres times an appraised value of land in the tract as approved by the City pursuant to City Code Section 9931(d}, which performance bond shall be decreased upon compliance by the applicant with the provisions of clauses (A) and (B} below. Resolution No. OS-40 Page 25 of 77 A) As part of the initial phase of the project and concurrently with construction of the required horizontal improvements and as part of the common area improvements, the applicant shall construct within the common area certain contiguous, landscaped, open space facilities of not less than one acre in area in the location as depicted on the preliminary plan and the approved project plans and including improvements as required by the Tustin Code to quality for Quimby Fee waiver (park facilities) that shall be open and accessible to the public. Upon completion of the park facilities and as a condition precedent to issuance of any partial or final certificate of compliance the developer shall execute and record a perpetual easement or other dedication agreement in favor of the City and its successors and assigns, inform and subject acceptable to the City in its sole discretion upon final map and the acceptance of conditions, covenants, and restrictions (CC&Rs) for the benefit of the public providing in perpetuity and at no cost to the City: {i) the right of the public to access and use the Park Facilities; (ii) public access to and from said Park Facilities along and across public and private streets within the site; and (iii) maintenance of the Park Facilities by the Developer and its successor and assigns, in each case subject only to reasonable and non- discriminatory rules and regulations. Upon (x) completion of such Regulations applicable thereto, and (y) recordation of an easement or dedication agreement approved by the City, the City shall provide a credit to the developer against its obligation to pay Quimby Act Fees in the amount of 3.66 acres times an appraised value of the land for the tract. B) Waiver for Affordable Housing. The developer shall receive a credit against Quimby Act fees otherwise due and payable by it as permitted by the City Cade Section 9931 in connection with construction of not to exceed 241 Affordable Housing Units in this tract in an amount not to exceed 1.97 acres times an appraised value of land; provided, however, that the benefit of such waiver shall apply with respect to each Affordable Housing Unit only upon Completion of alf Affordable Housing Units in the Phase in which such Unit is located. {1 } 12.2 The Developer shall accommodate, at various locations on the Developer Parcel as approved by Community Development, pedestrian and bicycle connections to the regional bike trail to be constructed in the future along Edinger Avenue, Valencia Avenue, and the Wes# Connector and Class fl bicycle trails as depicted on the Preliminary Plan. The >'inal tract map shall include a perpetual easement in favor of the City, its successors and assigns, in form and substance acceptable to the City in its sole discretion and at no cost to the City, providing pedestrian and bicycle access to the public upon and across the full length of any foregoing pedestrian and bicycle connections on the Developer Parcel as they connect to adjoining bike paths. Notwithstanding the foregoing, the Developer and its successors and assigns shall retain responsibility for maintenance and Resolution No. 05-40 Page 26 of 27 _. repair of the foregoing pedestrian and bicycle connections constructed on the Developer Parcel. FEES (1) 13.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The GC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $150 per hour (or rate in effect at the time of submittal) far the City Attorney and $50 per hour (or rate in effect at the time of submittal) for the Planning Staff is required. (1 } 13.2 Prior to issuance of the first building permit, the subdivider shall submit in- lieu parkland dedication fees in an amount and farm as required by the Director of the Parks and Recreation Department. (1) 13.3 The applicant shall submit all fees required by the City and other agencies as identified in Planning Commission Resolution No. 3953. Resolution No. 05-40 Page 27 of 27 --~ RESOLUTION NO. 06-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP 16581 TO SUBDIVIDE 105,5 ACRES INTO 383 NUMBERED LOTS AND 192 LETTERED LOTS FOR DEVELOPMENT OF 1,077 RESIDENTIAL UNITS The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. Final Tract Map 16581 was submitted by Moffett Meadows Partners LLC requesting subdivision of a 105,5 acre site into 383 numbered [ots and 192 lettered lots for developing 1,077 residential units within Planning Areas 4 and 5 of the MCAS Tustin Specific Plan; B. The Planning Commission recommended that the City Council approve Tentative Tract 16581 on February 14, 2005, and the City Council approved Tentative Tract 16581 on February 22,2005; C. The City Engineer has determined that Final Map 16581 is in substantial conformance with the requirements of the Tustin General Plan, MCAS Tustin Specific Plan, State Subdivision Map Act, the City's Subdivision Code, and has been determined to be consistent with the Air Quality Sub- Element; D. The site is located in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, which is designa#ed for Law Density and Medium Density Residential use; E. The City Council finds that requiring the developer to include a separate exhibit far each unit that is allocated private open space in the homebuyer notification is in substantial compliance with Condition 9,1 (H) of Resolution No, 05-40 of Tentative Map approval. F. Final subdivision maps are statutorily exempt pursuant to Section 15268 of California Code of Regulations, Title 14, and the City Council has adopted Resolution No, 05-38 finding that the potential environmental impacts of Tentative Tract Map 16581 have been adequately addressed with FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan, II. The City Council hereby approves Final Tract Map 16581 for the subdivision of a 105,5-acre site into 383 numbered lots and 192 lettered lots for development of 1,077 residential units, subject to final approval by the City Engineer prior to recordation, Resolution No. 06-17 Page 1 of 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 6 day of February 2006. ATTEST: ~~ PA LA STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY QF TUSTIN ) I, Pamela Stoker, 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 five; that the above and foregoing Resolution No. 06-17 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6~' day of February, 2006 by the following vote: COUNCILMEMBER AYES: DAVERT HAGEN AMANTE, BONE, KAWASHIMA (5} COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: NnNx COUNCILMEMBER ABSENT: NONE (Ol (0} PA IELA STOKER, City Clerk Resolution No. 06-17 Page 2 of 2 ORDINANCE NO. 1297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING ZONE CHANGE 04-003 TO PERMIT THE DEVELOPMENT OF DETACHED CARRIAGE WAY SINGLE FAMILY DWELLING UNITS IN PLANNING AREAS 4 AND 5 AND ESTABLISH RELATED DEVELOPMENT STANDARDS AND AMEND THE REQUIREMENT FOR A 10-ACRE MINIMUM DEVELOPMENT SITE FOR CONDOMINIUMS AND MULTIPLE FAMILY DWELLINGS IN MCAS TUSTIN PLANNING AREA 4 The City Council of the City of Tustin does hereby resolve as follows: Section 1. FINDINGS The City Council finds and determines as follows: A. That Moffett Meadows Partners, LLC submitted a proper application for Specific Plan Amendment/Zone Change 04-003 to allow development of detached carriage way single family dwelling units within Planning Areas 4 and 5 for the purpose of providing an altemative to the traditional single family detached product without compromising the density and development standards for single family residences and to allow development of condominium pro}acts an development sites that are less than ten (10) acres. B. That a public hearing was duty called, noticed, and held on said application on January 24, 2005, and continued to February 14, 2005, by the Planning Commission. C. That a public hearing was duly called, noticed, and held on said application an February 7, 2005, and continued to February 22, 2005, by the City Council. D. That Zone Change 04-003 would apply to Planning Areas 4 and 5 of the MCAS Tustin Specific Plan within the City of Tustin. E. That the MCAS Tus#in Specific Plan does not set forth standards for "carriage way units" and the standards for carriage way units are proposed as an altemative to the traditional single family detached product and are accessed from a rear alley instead of a street, which provides far a neo- traditional streetscape of residences with garages to the rear of the residences. These types of single family detached units should be permitted Ordinance No. 1297 Page 1 of 24 within Planning Areas 4 and 5 since the development standards would be identical to those for single family detached units, with the exception of the minimum rear yard setback, which would be reduced from ten (10) feet to seven (7) feet for living space and three (3) feet for garage space since access to the garage for these units would be located at the rear of the property. F. Tha# the MCAS Tustin Speck Plan sets forth a minimum development site size of ten (10) acres for condominiums and multiple family dwellings. However, it is appropriate to allow condominiums and multiple family developments to contain numerous lots or sites and be designated as a development unit on a tentative map with a minimum development unit size of eight (8) acres. A development unit, as defined by the MCAS Tustin Specific Plan, consists of all building sites, their private open space, common recreation and open space areas, and public and/or private streets serving the project. A minimum of eight (8) acres in a development unit would ensure that these types of products are located in developments of substantial size and will result in orderly, rather than fragmented, development. G. The proposed zone change supports and is consistent with the Tustin General Plan. The Land Use Element includes the City's goals and policies for the long-term growth, development, and revitalization of Tustin. Based on the summary of issues, needs, opportunities, and constraints described in the Tustin Land Use Element, ten goals are identified which include the following: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Revitalize older commercial, industrial, and residential development. 4. Improve City-wide urban design. 5. Promote economic expansion and diversification. 6. Coordinate development with provision of adequate public facilities and services. 7. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master planned development. These goals establish the framework for policies related to allocation of land use in the City and the implementation policies reflect the direction and image the City seeks for the future. The proposed Zone Change supports several General Plan goals and policies, including the following: 1. The project will implement policies under the goal to achieve balanced development including: Ordinance No. 1297 Page 2 of 24 a. Policy 1.10 -Ensure that the distribution and intensity of land uses are consistent with the Land Use Plan and classification system. b. Policy 6.2 -Encourage and promote high quality design and physical appearance in all development projects. c. Policy 6.4 -Preserve and enhance the City's Special residential character and "small town" quality by encouraging and maintaining Tustin's low density residential neighborhoods through enforcement of existing land use and property development standards and the harmonious blending of buildings and landscape. 2. The project will implement policies under the goals and policies for future development of MCAS Tustin Specific Plan including: a. Policy 13,2 - Encourage a development pattern that offers a connectedness between buildings and uses, and has a strong sense of place through architectura[ styles and creative landscape design. b. Policy 13.5 -Promote high quality architecture, landscaping, signage, open space design, circulation pattems, and landscape pattems distinct from surrounding areas. Section 2. The City Council hereby adopts Zone Change (MCAS Tustin Specific Ptan Amendment) 04-003 ("Zone Change") to amend Sections 3.4.2 and 3.4.3 of the MCAS Tustin Specific Pian to establish new development standards for carriage way units in Planning Areas 4 and 5 and minimum development site far condominium units in Planning Area 4 of MCAS Tustin Specific Plan. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of the regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 7th day of March 2005. LOU BONE ~ `~. Mayor Ordinance No. 1297 Page 3 of 24 ATTEST: PA TOKER City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of the Ordinance introduced at a regular meeting of the City Cauncil of the City of Tustin duly held on February 22, 2005, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and was finally passed and adopted not less than five days thereafter on March 7, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA (S) NONE 0 NONE ~~~ NONE (0) PAM TOKE , City Clerk Ordinance No. 1297 Page 4 of 24 EXHIBIT A Ordinance No. 1297 Page 5 of 24 EXHIBIT A TO ORDINANCE NO, 1297 ZONE CHANGE 04-043 The following changes to the MCAS Tustin Specific Plan shown in underlined text represent the proposed amendment in Zone Change 04-003: 3.1.1 Planning Area 4 -Low Density Residential A. Permitted and ConditiottaUy Permftted Uses The following uses shall be permitted by right where the symbol "P" occurs or by conditional use permit where the symbol "C" occurs. • Community care facilities for six or fewer persons P • Condominiums and cooperatives p • Family care home, foster home or group home, for six or P fewer persons • Large family day care for seven to twelve children on P single family detached lots in accordance with the Tustin City Code • Multiple-family dwelling units (apartments) in C accordance with tenure provisions in Section 3.4.2.G • Residential care facility far elderly, for six or fewer P persons • Single-family attached dwelling units and duplexes P • Single-family detached dwelling units p • Single family detached ca_**+aQe way i c ~ • Small family day care for less than seven children on P single family detached lots B. Accessary Uses and Structures Accessory uses and structures aze permitted when customarily associated with and subordinate to a permitted use on the same site and would include: • Carports • Garages • Home occupations subject to provisions of the City Code • Patio eovers/trelliscs • Swimming pools, spas, Jacuzzis • Tennis courts, basketball courts and other multi-purpose courts, recreation and community buildings C. Unlisted Uses Those uses not specifically listed arc subject to a determination by the Community Development Director as either permitted, permitted subject to a conditional use permit or prohibited consistent with the purpose of the land Ordinance No. 1297 Page 6 of 24 designation of this planning arcs and the Specific Plan. Decisions of the Director rare appealable to the Flanning Commission. D. Site Developmetat Standa:rda -Single Family Detst:hed l . Maximum dwelling units - 7 dwelling units per acre 2. Minimum lot area - 3,000 square feet 3. Minimum lot width - 35 feet 4. Maximum building height - 35 feet 5. Maximum lot coverage - 50 percent of lot area. Covered areas shall include all areas under roof except trellis areas, roof overhangs, and covered porches outside the exterior wall. 6. Minimum building setbacks a) Edinger Avenue - 40 feet b) Local public street - 10 feet c) Private street or private drive - 5 feet d) Interior side yard • 3 feet minimum with aggregate requirement of 10 feet for both side yards e) Rear yard - 10 feet 7. Landscape setbacks4 a) Edinger Avenue - 30 feet 8. Landscaping a) Areas not devoted to buildings, parking areas, handscape, and roads, shall be landscaped. b) Compliance with the City of Tustin Landscape and Irrigation Guidelines c) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 9. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 10. Fences and Walls a) Compliance with General Regulations Section 3.11. b) A masonry block wall shall be maintained and/or constructed along the western perimeter of the Pltuvning Area in accordance with the General Development Regulations. I1. Other Generat Development Regulations (refer to Section 3.11 as applicable) 12. Signage (refer to Section 3.12 as applicable) I3. Off-street parking (refer to Section 3.13 as applicable) Landscape setbacks are measured 9rom the back of the curb and arc s combination of parkway, sidewalk, and planting areas. $uilding setbacks ere measured from future right-of--way. Non-conforming landscape and building setbacks will be permitted to remain to accommodate existing wills or buildings not In future right- ofway. Qrdinance No. 1297 Page 7 of 24 E. Site Development Standards -Carnage Way Units Definition: A t~,t,~• ~F ~;.,..,o c~...:~_. a_.__~_, mruum -s' f t wi av eet with ten 1 foo both sides of~~vg-~ rtions of the et with a ¢arage that is located to the rear of the residence and takes acsec from a rear two way a ev that is a lum of twen , -four f241 feet w,dr, 1. Maximum dwellingunits - 7 dwetlinw !nits per a~ 2 • 1 a - 3 00 ogre feet 3. Minimum lot width - 3 S feet 4. Maximum buildin¢ hei t --35 feet 5. Maximum tot covera¢e - 50 percent f l t o o area Covere dude all areas under roof except ~t'ellis areas mnf o d areas shall ver snot anri covered porches outside the xterior wall 6. M mmum boil in¢ setbackc a) F.~in¢er Avenue - 40 feet b} Local public street - 10 feet c) Private street or private drive - 5 feet {frost vazd) d) Interior side va_rd - 3 feet minimum with a¢¢re¢ate r eouirement of ~ 0 feet for both side vazds e} Rear vazd - 3 feet for ¢ara¢e and 7 feet for lip^ng ar eas din¢ hvtn¢ areas above ¢ara¢e hf Buildin¢ to b ~ilrlino ~•-~,ack 30 feet minimum appli cable to un~ front~n¢ a een~ -..-.~..~.D~ open space 7. Landscape setbacks° a) ]~din~er Avenue - 30 feet 8. Landsca in;g a) Areas not devoted to build'n~~p~rlun¢ areas haz dscape and reds, shall be lap ~a d . b) Compliance with the City of Tustin r.~n~ice~ d 1 •; p~~ mdel es „ gation c) Compliance with the .ar,ricep„P roc;~~~es i S 2 n of this Specific Ply ec on i i 9. B~YCIe and pedestrian irculation facilities chap provide connections within a Pl to adjacent Planningz Areas and to citywide bicycle trails where applicable 10. Fences and Walls a} Comoli ce with General Re ations Section 3 11 b) m block wall shah be maintai ed co ~ ong t e western perimeter of the Planning Area in a cor ce with the General Develop .r+r Regulations 1-ar'dscape subacks are measured from the back of tde curb and are a combination of parkway, sidewalk, and planting areas, Building setbacks arc measured from future right-of-way. Non_ conformin)i landscape and buildin)i setbacks will be permitted to remain to accommodate existing walls or buildings not in 1Uture right-of--way. Ordinance No. 1297 Page 8 of 24 11. Homes that side-on o a local road shall incorporate architectural enhancements on th_e side and f{~nt view of the unit, seen from t,P tnrat >~ 12. End units - a mi_Rimu_m bark un space of three (31 feet in addition to the w>Idth of a drive approach. 13. Other 4eneral Development Reuulationc (refer to S iot, 3 1 ~~ applicable) 14. Sitznatze (refer to Section 3 12 as ap icahtel 15. Qff-street 1Jar'1C1n11 (refer to Section 3- t 3 as applicable to Single Family Detached F. Site Development Standards -Single Family Attached l . Maximum dwelling units - 7 dwelling units per acre 2. Minimum lot area per family unit - 3,000 square feet 3. Minimum lot width - no minimum 4. Maximum building height - 35 feet 5. Maximum lot coverage - 100 percent less required setbacks and open space areas 6. Common open space - 400 square feet per dwelling unit located within common, designated recreational areas. Private attached ground level patios may be credited if opea on three sides. Areas not available for open space credit include all structures, streets, driveways, Landscape setbacks, and patfcing lots. 7. Private outdoor open space -minimum private outdoor open space shall be increased to 400 square feet for existing units. 8. Minimum grass floor area per dwelling unit, excluding the garage: a) Bachelor - 450 square feet b) 1 Bedroom - 550 square feet c} 1 Bedroom with den - 700 square feet d} 2 Bedrooms - 750 square feet e) 2 Bedrooms or mare with den - 900 square feet 9. Minimum building setbacks a) Edinger Avenue - 40 feet b) Local public street - 10 feet c) Private street or private drive - 5 feet d) Interior side yard - 3 feet minimum with aggregate requirement of 10 feet far both side yards e) Rear yard - 10 feet 10. Landscape setbacks4 ~ Building sclt~cks ere measured from future right-of--way. Non-conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of--way. ` Landscape setbacks are measutnd from the back of the curb and arc a combination of parkway, sidewalk, and planting areas. Non-conforming landscape and build~nQ setbacks wilt be permitted to remain to accommodate oxisting walls ar buildings not in fbttue right-of--way. Ordinance No, 1297 - - Page 9 of 24 a) Edinger Avenue - 30 feet I1. Landscaping a) Areas not devoted to buildings, parking areas, hardscape, and roads, shall be landscaped. b) Compliance with the City of Tustin Landscape and Ixrigatian Guidelines c) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 12. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 13. Fences and Wails a) Compliance with General Regulations Section 3.11. b) A masonry block wall shall be maintained and/or constructed along the western perimeter of the Planning Area in accordance with the Genera! Development Regulations. 14. Other General Development Regulations (refer to Section 3.l 1 as applicable) 15. Signage (refer to Section 3.I2 as applicable) 16. Off-street parking (refer to Section 3.13 as applicable) G. Site Development Standards - Condominiums and Multiple Family Dwellings I. Maximum dwelling units - 7 dwelling units per acre Z. Mi~i_mum development site - 8 acres tminimi~m Iraaol lot size) 3. Maximum bunlding height - 40 feet 4. Maximum lot coverage - 65 percent, less the required building and landscape setbacks 5. Common open space - 400 square feet per dwelling unit located within common, designated recreational areas. Private attached ground level patios may be credited if open on three sides. Areas not available for open space credit include all structures, streets, driveways, landscape setbacks, and parking lots. 6. Private outdoor open space -minimum private outdoor open space shall be increased to 400 square fcet for existing units. ?. Minimum gross floor aura per dwelling unit, excluding the garage a} Bachelor - 450 square feet b) 1 Bedroom - S50 square feet c) I Bedroom with den - 700 square feet d) 2 Bedrooms - 750 square feet e) 2 Bedrooms or more with den - &50 square feet Ordinance No. 1297 Page 70 of 24 8. Minimum building setbacks a) Edinger Avenue - 40 feet b) Local public street - 10 feet c) Private street or private drive - 5 feet d) Interior side yard - 3 feet minimum with aggregate requirement of 10 feet for both side yards c) Rear yard - 10 feet 9. Landscape setbacks? a) Edinger Avenue • 30 feet 10. Landscaping a) Areas not devoted to buildings, parking areas, hardscape, and roads, shall be landscaped. b} Compliance with the City of Tustin Landscape and Irrigation Guidelines c) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan Il. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. l2. Fences and Walls a) Compliance with General Regulations Section 3.11. b) A masonry block wall shall be maintained and/or constructed along the western perimeter of the Planning Area in accordance with the General Development Regulations. 13. Other General Development Regulations (refer to Section 3.1 l as applicable) 14. Signage (refer to Section 3.12 as applicable) 15. Off-street parking {refer to Section 3.13 as applicable) H. Special Development or Reuse Requirements 1. Concept plan approval shall be required for Planning Area 4 prior to reuse or development (refer to Section 4.2.1 of this Specific Plan). 2. Development unit -Planning Area 4 shall be developed or redeveloped as a single development unit. 3. Affordability -The fallowing minimum affordable housing production objectives are intended to reflect the intention of the Gity to create a redevelopment project area (Community Redevelopment I.,aw, section 33(300) and as needed to meet Regional Housing Allocation needs as identified in the Housing Element of the General Plan through the provision of s T.nndscape setbacks art measurod from the back of the curb and are a combination of parkway, sidewalk, and planting arras. Building setbacks an: measured from future right-of--way. Non- conforming landscape and buIIdiag scxbacks will be permitted to rtimain to accommodate existing wells or buildings na in future right-of--way, Ordinance No. 1297 Page 11 of 24 housing for households at very Iow, low, and moderate incomes levels. Specific housing requirements for redevelopment and Housing Element compliance will be established at the time of development project approval to ensure uniformity with the Housing Element of the General Plan and other applicable provisions of California Law and to achieve the following: a) At least 15°/a of units for initial occupancy by very low income to moderate income households for redevelopment, with 5% {or 40%} of units affordable to very low income households. b) Ai least 38 additional units for occupancy by low income households. c) At least 15 additional units for occupancy by moderate income households. d} Restricted affordable housing units shall be reasonably dispersed throughout the project and shall be compatible with the design and use of market rate units in aPP~'anCe, use of materials, and finished quality. Restricted units shall be affordable for at least the minimum period of time required by state law, or longer if required by a construction or mortgage financing assistance program. e) Prior to issuance of a certificate of use and occupancy, a developer shall enter into a legally binding .agreement with the City of Tustin or its RedeveIapment Agency, and agree to deed restrictions on targeted affordable housing units that are binding on property upon sale or transfer. Said agreements shall address the following: 1} Number of units by type, location, bedroom count 2) Standards for qualifying income and maximum rents or sales prices 3) Parties responsible far sales prices and incomes fl The City of Tustin reserves the right to negotiate transfer of a developer's obligation pursuant to this section off- site as a credit for affordable units which cannot be reasonably feasible to provide on-site which shall be at the City's sole and absolute discretion. To ensure comparable equivalent value of an off-site option or exchange for not providing on-site affordable units, a financial affordability gap analysis will be conducted by the City, at developer's cost, to compare the value of the off-site option and the affordability gap cost of providing on-site affordable housing. Ordinance No. 1297 Page 12 of 24 4. Tenure - Reuseldevelopment in Planning Area 4 sha11 be preferably ownership tenure, Development of apartments is a discretionary action acquiring approval of a conditional use permit. Consideration of a conditional use permit should include the Cit}~s preference for ownership tenure, and in any event, no more than 25 percent of the total number of units permitted within the City of Tustin portion of the Specific Plan may be approved for apartments. 5. Existing structures to be reused shall be brought into conformance with applicable provisions of the Uniform Building Code as amended by the City, State of California Title 24 Access Compliance (handicapped provisions), and requirements of the Americans with Disabilities Act {ADA). 6. Utility metering modifications and/or provision of independent utility services shall be committed to by agreement between the City of Tustin and those agencies receiving property in the PA 4 prior to use and occupancy of existing buildings and/or new development. Said agreement shall identify required capitaUinfrastructure improvements and environmental impact report mitigations. . L Development ar Reuse Guidelines 1. Existing housing units shall be aesthetically upgraded through architectural and landscape improvements to appear consistent in quality with private market housing in the surrounding neighborhoods of Tustin and Irvine. Such improvements shall be completed prior to issuance of use and occupancy permits. The improvements may include, but are not limited to, the following: a) Upgraded facade treatments, including use of plaster or stucco, wood siding, brick, stone, and other approved materials b} Upgraded window types and treatments (i.e. trim) c} Upgraded roofing materials and extension of roof overhangs d) Updated color scheme for buildings and walls e) Enhancement of private patios and balconies f) Upgraded appearance of unit entrances, including doorways, walkways, decorative paving g) Improved landscape design of front yards and common areas h) Consistent landscape treatment along local roads i) Extensive planting of trees and shrubs throughout the site j) Decorative treatment of all exposed site walls k} Upgraded driveways Ordinance No. 1297 Page 13 of 24 i) Decorative paving and other hardscape amenities for pedestrian paths in common areas m) Improvements to common recreational areas including provision of shelters, lighting, and refurbishing of facilities n) Creation of project entryways through signage and landscape design o) Upgraded and consistent signage, including pmject identification, addressing, and directional signs P) Enhanced lighting scheme for units, common areas, paths, and parking areas q) Application of defensible space techniques in landscaping and lighting 2. The existing boundary wall along Edinger Avenue shall be aesthetically improved with stucco or other facade treatment, color, and a decorative wall cap, as shown in the example below. 5i~l~~D~ ~,s•,ve c~tc . /9rjiyvo wAtt .._ - - _ Au~+i ~N~gia 3. In the event that infill development shall occur, the follawing guidelines shall apply; a) Consistency with scale massing, and setbacks of existing struCtUrCS. b) CornpIiance with re-use guidelines that pertain to the surrounding structures. c} Compliance with appropriate landscape and parking standards. 4. Demolition of structwes may be as required by Tustin to be undertaken under the following conditions: 1) where information determines the need for demolition to eliminate public health and safety risks, 2) to improve the appearance of the Planning Area, 3) to accommodate the completion of major roadway improvements, and 4) to properly implement the land use intent of this Planning Atea. Ordinance Na. 1297 Page 14 of 24 A summary of the key design guidelines for the Law Density Residential Planning Area is provided in Figure 3-4. Ordinance No. 1297 .Page 15 of 24 _^ ___ _ . _ 3.1.1 Plauaing Area S -Medium Density Residential A. Permitted and Conditionally Permitted Uses The following uses shall be permitted by right where the symbol "P" occurs or by conditional use permit where the symbol "C" occurs. • Churches and other religious institutions C • Community care facilities for six or fewer persons P • Condominiums and cooperatives p • Convalescent hospital C • Family care home, foster home or group home, for six or P fewer persons • Large family day care for seven to twelve children on P single family detached lots in accordance with the Tustin City Code • Multiple-family dwelling units (apartments) in C accordance with tenure provisions in Section 3.4.3.H • Patio homes p • Private school C Public or private preschools C • Fire Station p • Public/private utility building facility C • Residential care facility for elderly, for six or fewer P persons • Single-family attached dwelling units and duplexes P • Single-family detached dwelling units p • Carria a Way uni s • Small family day care for less than seven children on P P single family detached lots B. Accessary Uses and Structures Accessory uses and structures arc permitted when customarily associated with and subordinate to a permitted use on the same site and would include: • Carports • Garages • Home occupations subject to provisions of the City Code • Patio covcrs/trellises • swimming pools, spas, Jacuzzis • Tennis courts, basketball courts and other multi-purpose courts, recreation and community buildings C. Unlisted Uses Those uses not specifically listed are subject to a determination by the Community Development pirector as either permitted, permitted subject to a conditional use Ordinance No. 1297 Page 16 of 24 permit or prohibited consistent with the purpose of the land designation of this planning area and the Specific Plan. Decisions of the Director are appealable to the Planning Commission. D. Site Development Standards -Single Family Detached 1. Maximum dwelling units - 15 dwelling units per acre 2. Minimum lot area - 3,000 square fret 3. Minimum Iot width - 35 feet 4. Maximum building height - 35 feet 5. Maximum lot coverage - 50 percent of lot area. Covered areas shall include all areas under roof except trellis areas, roof overhangs,' and covered porches outside the exterior wall. 6. Minimum building setbacks ~ a) North Loop Road - 25 feet b) West Connector - 20 feet c) Local public street - 10 feet d) Private street or private drive - 5 feet e) Interior side yard - 3 feet minimum with aggregate requirement of 10 feet for both side yards f} Rear yard - 10 feet 7. Landscape setbaeks8 a) North hoop Road - 30 feet b} West Connector - 20 feet $. Landscaping a) Compliance with tbe City of Tustin Landscape and Irrigation Guidelines b} Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 9. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 10. A comer triangular-shaped setback of b0 feet, measured from the intersection of the curb lines at North Loop Road and Armstrong Avenue shall be provided for a secondary conununity intersection treatment (see Section 2.17 for landscape guidelines). 11. A portal intersection treatment shall be provided at Edinger Avenue and West Connector (see Section 2.17 for landscape guidelines}. 12. Other General Development Regulations (refer to Section 3. ] 1 as applicable) 13. Signage (refer to Section 3.12 as applicable) 14. Off"street parking (refer to Section 3.13 as applicable) E. Site Development Standards -Carriage Way Units Definition: A tvae of single f mile dg~ h~ pr~~t that is lsn a minimum thlrtv-stx (36) foot wide Waved street wi h p tPn (101 fru~t~arkwav on both cidre of e nave vorttons of the street wi h a as >xe that is located to the rear of the ~ Landscape setbacks are measured from the back of the curb and arc a combination of planting areas. Non-confarmin lan P~"'aY. sidewalk, and g dscape and building subacks will be pcrminod to remain to accommodate existing walls or buildings not in future right-of--way. Building setbacks are measurod from future riYht-of--way. Ordinance No. 1297 Page 17 of 24 residence and takes access from a rear two-way alley that is a minimum of twenty four (24) f~l widg 1. IVlaximum dwelling unite - 7 rlwpllina ttnitc „A. acre 2. Minimum lot area 3000 square feet 3. Minimum lot width - 35 feet 4. Maximum buildings heiszht - 3~ feet 5. Maximum lot caveragc - 50 percent of lot area Cpvered areas shall include all areas under roof except trellis azeas roof overhangs and covered rches outside the exterior wall 6. Minim, ~ ildi ~ setbacks2 a) >~inger Avenue - 40 feet b) Local public street - 10 feet c) Private street or private rive - 5 feet (front yard, d} Interior side yard - 3 feet minimum with agar atP requirementt o~10 feet for both side v *c e) bear yard - 3 feet for a~-ge and 7 feet for li~:n~ ~rn-as including living areas above garagg h~ Building to building setback- 30 feet minimum, applicable to units fronting a paseoJo/open space 7. Landscape ~tbacks4 a) Edinger Avenue - ~p~ LandscaDi~ig b) Areas not devoted to building~p,~rk+~,g a_rrsec hardscAnr Aid roa c ~] be j~dsc„,~ped c) Compliance with the City of Tustin LAnriseape and Irrigation Guidelines d) Compliance with the Landscape Desig~rt Guidelines in Section 2 1 ~ of this Specific Plan 8. Bicycle and pedestrian circulation fac}lilies ch 1 prov~conti~crio~is within tr ' s where an livable. 4. Fences and Walls a) Gomplia_nc~e with General Re~ul_ations Section 3 11 b) ~ masonry block w 11 chull~~ ant t~ d/or constru:,+~ ~~ +~ 4 M-V11L' l_1G stern perimeter of the Planning Area in accordance with the eneral Development Rg~ialations. ll. Homes that side-on to a local road shall incoriwrate architectural enhancements on the side and front view of thg„~it as aer„ fiY,r„ rl,P 1~~~ f~ 12. End units - a minimum back up space of three (3) feet in addition to the width of the dnve~RLl~.h: ' l 3. Otte General Development Regulations (refer to Section 3 1 ] as applicable) 14. Signage refer to ~gction 3 12 as applicable) z Landscape setbacks arc measured from the back of the curb and arc a combination of parkway, sidewalk, and planting areal, Building setbacks ape measured from future right-of-way. Non-conforming landscape end building setbacks will be permitted to remain to accommodate existing walls or buildings not in future rigbt-of--way. Ordinance No. 1297 Page 18 of 24 15. Ofd street narki_na (refer to Section 3 13 as applicable to Single Family Detachs~ F. Site Development Standards -Single Family Attached 1. Maximum dwelling units - 15 dwelling units per acre 2. Minimum lvt area per family unit - 3,000 square feet 3. Minimum lot width - no minimum 4. Maxirnum building height - 35 feet 5. Maximum lot coverage - 100 percent less required setbacks and open space areas 6. Common open space - 400 square feet per dwelling unit located within Gammon, designated recreational areas. Private attached ground level patios may be credited if open on three sides. Areas not available for open space Credit include all structures, streets, driveways, landscape setbacks, and parking lots. 7. Minimum gross floor area per dwelling unit, excluding the garage: a) Bachelor - 450 square feet b} 1 Bedroom - 550 square feet e) 1 Bedroom with den- 700 square feet d) 2 Bedrooms - 750 square feet e) 2 Bedrooms or more with den - 900 square feet S. Minimuun building setbacks a) North Loop Road - 25 feet b) West Connector - 20 feet c) Local public street - i 0 feet d) Private street or private drive - 5 feet e) Interior side yard - 3 feet minimum with aggregate requirement of IO feet for both side yards fj Rear yard - 10 feet 9. Landscape setbacks4 a) North Loop Road - 30 feet b) West Connector - 20 feet 10. Landscaping a) Compliance with the City of Tustin Landscape and Irrigation Guidelines b) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 11. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 12. A corner triangular-shaped setback of 60 feet, measured from the intersection of the curb lines at North Loop Road and Armstrong Avenue shall be ' Building setbacks are measured from fhtute fight-of--way. Noa-conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of--way. ~ L.ar-dscape sdbacks arc measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Non-confonning landscape and building setbacks wi0 be pdmitiod to remain to accommodate existing walls or buildings not in future right-of--way. Ordinance No. 1297 ___ _ Page 19 of 24 provided for a secondary community intersection treatment {see Section 2.17 for landscape guidelines). 13. A portal intersxtion treatment shall be provided at Edinger Avenue and West Conn~tor (see Sectioa 2.17 for landscape guidelines). 14. Other General Development Regulations (refer to Section 3.11 as applicable) 15. Signage (refer to Section 3.12 as applicable) 16. Off-street parking (refer to Section 3.13 as applicable) G. Site Development Standards • Condominiums snd Multiple Family Dwellings 1. Maximum dwelling units - 15 dwelling units per acre 2. Minimum lot area -none, refer to Section 3.4.3.G. 3. Maximum building height - 40 feet 4. Maximum lot coverage - 65 percent, less the required building and landscape setbacks S. Common open space - 400 square feet per dwelling tout located within common, designated recreational areas. Private attached ground level patios may be credited if open on three sides. Areas not available for open space credit include all structures, streets, driveways, Landscape setbacks, and parking lots. 6. Minimum gross floor area per dwelling unit, excluding the garage a) Bachelor - 450 square feet b) 1 Bedroom - 550 square feet c) 1 Bedroom with den - 700 square feet d) 2 Bedrooms - 750 square feet e) 2 Bedrooms or more with den - 850 square feet 7. Minimum building setbacks 5 a) Nvrth Loop Road - 25 feet b) West Connector - 20 feet c) Local public street - 10 feet d) Private street or private drive - 5 feet e) Interior side yard - 3 feet minimum with aggregate requirement of 10 feet for both side yards f) Rear yard - 10 feet 8. Landscape setbacks'' a) North Loop Road - 30 feet b) West Connector - 20 fcet 9. Landscaping a) Compliance with the City of Tustin Landscape and Irrigation Guidelines b) Compliance with the Landscape Desiga Guidelines in Section 2.17 of this Specific Plan 10. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. s I,artdscape setbacks are measured from the back of the curb and ere a wtnbination of P~~Y• sidewalk, and planting eraas. Building setbacks en measun:d from future right-of-way. Non-conforming landscape and building setbacks will be prnnitted to rcmaia to accommodate existing walls a buildings trot in future right-of--way. Ordinance No. 1297 Page 20 of 24 I I . A corner triangular-shaped setback of 60 feet, measured from the intersection of the curb lines at North Loop Road and Armstrong Avenue shall be provided for a secondary community intersection treatment (see Section 2.17 for landscape guidelines). I2. A portal intersection treatment shall be provided at Edinger Avenue and West Connector (see Section 2.17 for landscape guidelines). 13. Other General Development Regulations (refer to Section 3.11 as applicable) 14. Signage (refer to Section 3.I2 as applicable) 15. Off-street parking (refer to Section 3.l 3 as applicable) H. Site Development Standards -Patio Homes I . Maximum dwelling units - 15 dwelling units per acre 2. Minimum lot area -none, refer to Subsection 3.4.3.H. below 3. Building site requirements -patio home subdivisions shall be designated as a development unit on a tentative map. 4. Maximum building height - 35 feet 5. Maximum lot coverage - 100 percent, less required building and landscape setbacks 6. Common open space - 400 square feet per dwelling unit located within common, designated recreational areas. A minunum of 150 square feet may be for private use if located on ground level and open on three sides. Areas not available for open space credit include all structures, streets, driveways, landscape setbacks, and parking lots. 7. Minimum gross floor area per dwelling unit, excluding the garage -900 square feet 8. Maximum number of four bedroom units - 30 percent 9. Minimum building setbacks6 a) North Loop Road - 25 feet b) West Connector - 20 feet c} Local public or private street -The minimum building setback shall be ! 0 feet from a public or private street. An attached or detached garage may be setback a minimum of 5 feet from a public or private street. If living areas are provided above garages, garage setbacks shall apply provided that na more than 75 percent of the units along the street frontage have living space over a garage with less than a 10 foot setback. All units located along both sides of a street segment shall be included when calculating the above 75 percent determination, regardless of whether they front, side, or rear load on that section of a street. A garage shall not be setback, between 9 feet and 19 feet from the right-of--way line. Garages setback 9 feet or less shall be equipped with an automatic garage opener. d). Private drives and courts -The minimum building setback shall be 7 feet in a private court or on a private drive not located within a court. An attached or detached garage may be setback a minimum of 3 feet e Building setbacks are measured from future ri~ltt-of-way. Noa-conformia lends be permitted to remain to accommodate cxisiing walls a buiWin~ not in future riQhct~of-of-way, u~~~g ~~~a Wil! Qrdinance No. 1297 - - Page 21 of 24 provided that no more than 50 percent of the length of the building frontage over the total length of the drive or court is setback less than 7 feet. In calculating the total length of the drive or court and the length of building frontage, the length of building and street frontage on both sides of the drive or court shall be used. If living areas arc provided above garages, garage setback shall apply, The minimum 3 foot garage setback shall be increased where necessary to accommodate required sidewalks. A garage shall not be setback between 9 feet and 19 feet from the right-af--way line. Garages setback 9 feet or less shall be equipped with an automatic garage opener. A minimum distance of 40 feet shall be maintained between ground floor living areas on units across from each other in a court, vn a drive, or on a shared driveway. e) Minimum distance between buildings - The minimum horizontal distance between adjacent buildings shall be 10 feet. The minimum distance between buildings may be reduced to 6 feet for no more than a maximum length of 25 feet of a building elevation, provided that there are no windows on one elevation for that portion of the building elevation with less than a 10 foot setback. If living areas are provided above garages, garage setbacks shall apply. f} Tract boundary -The minimum building setback .from any tract boundary shall be 10 feet. If the tract boundary is adjacent to a pazk or other permanent open space, the minimum building setback shall be 5 feet. 10. Landscape setbacks? a) North Loop - 30 feet b) West Connector - 20 feet 11. Landscaping a) Compliance with the City of Tustin Landscape and Irrigation Guidelines b) .Compliance with the Landscape Design Guidelines in Section 2.1? of this Specific Plan 12. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 13. A corner triangular-shaped setback of 60 feet, measured from the intersection of the curb lines at North Loop Road and Armstrong Avenue shall be provided for a secondary community intersection treatment (see Section 2.17 for landscape guidelines). 14. A portal intersection treatment shall be provided at Edinger Avenue and West Connector (see Section 2.17 far landscape guidelines). 15. Other General Development Regulations (refer to Section 3.1 I as applicable) 16. Signage (refer to Section 3.12 as applicable) 17. Ofd street parking {refer to Section 3.13 as applicable) ' Landscape setbacks ere measured from the back of the curb and arc a combination of parkway, sidewalk, and planting areas, Non-conforrnlnY landscape and building setbacks will (x permitted to rtmaia to accommodate existing walls or buildings not in future right-of--way. Ordinance No. 1297 Page 22 of 24 I. Special Development Requirements 1. Concept plan approval shall be required for Planning Area 5 prior to development (refer to Section 4.2.1 of this Specific Plan). 2. Affordability -- The following minimum affordable housing production objectives are intended to reflect the intention of the City to create a redevelopment project area (Community Redevelopment Law, section 33000) and as needed to meet Regional Housing Allocation needs as identified in the Housing Element of the General Plan through the provisions of housing for households at very low, low and moderate income levels. Specific housing requirements for redevelopment and Housing Element compliance will be established at the time of development project approval to ensure uniformity with the Housing Element of the General Plan and other applicable provisions of California Law and to achieve the following: a) At least I S% of units for initial occupancy by very low income to moderate income households for redevelopment, with 6% (or 40%) of units affordable to very low income households. b} At least 38 additional units for occupancy by low income households. c} At least 16 additional units far occupancy by moderate income households. d) Restricted affordable housing units shall be reasonably dispersed throughout the project and shall be compatible with the design and use of market rate units in appearance, use of materials, and finished quality. Restricted units shall be affordable for at least the minimum period of time required by state law, or longer if required by a construction or mortgage financing assistance program. e) Prior to issuance of a certificate of use and occupancy, a developer shall enter into a legally binding agreement with the City of Tustin or its Redevelopment Agency, and agree to deed restrictions on targeted affordable housing units that are binding on property upon sate or transfer. Said agreements shall address the following: 1) Number of units by type, location, bedroom count 2) Standards far qualifying income and rnaximuzn rents or sales prices 3) Parties responsible for sales prices and incomes fj The City of Tustin reserves the right to negotiate transfer of a developer's obligation pursuant to this section off-site as a credit for affordable units which cannot be reasonably feasible to provide on-site which shall be at the City's sale and absolute discretion. To ensure comparable equivalent value of an off-site option or exchange for not providing on-site affordable units, a financial affordability gap analysis will be conducted by the City, at developer's cost, to compare the value of the off-site option and the affordability gap cost of providing on-site affordable,housing. 3. Tenure -Development in Planning Area 5 of apartments is a discretionary action requiring approval of a conditional use permit. In considering a conditional use permit,. no more than 25 percent of the total number of units Ordinance Na. 1297 Page 23 of 24.___ _, .._. __. permitted within the Tustin portion of the Specific Pian area may be approved for apartments. 4. Condominiums and multiple family development may contain numerous lots, but shall be designated as a development unit on a tentative map. The minimum size for a development unit shall be 10 acres. J. Develapraent Guidelines 1. Buildings should be staggered along North Loop Road to provide variety along the streetscape. 2. The use of sound walls should be minimized through building site location. 3. Demolition of structures may be required by Tustin to be undertaken under the following conditions: I) where information detemunes the need for demolition to eliminate public health and safety risks, 2) to improve the appearance of the Planning Area, 3) to accommodate the completion of major roadway improvements, and 4) to pmperiy implement the land use intent of this Planning Area. A summary of the key design guidelines for the Medium Density Residential Planning Area is provided in Figure 3-4. Ordinance No. 1297 _ Page 24 of 24 Attachment E First Amendment to Housing Agreement for Columbus Square FIRST AMENDMENT TO HOUSING AGREEMENT FOR COLUMBUS SQUARE This First Amendment to the Housing Agreement for Columbus Square (the "First Amendment"), is entered into as of , 2009 the ("Effective Date"), by and between the City of Tustin ("City"), a municipal corporation and Moffett Meadows Partners, LLC, a Delaware Limited Liability Company ("Developer"). The Developer and City are collectively referred to herein as the "Parties." Capitalized terms used herein and not otherwise defined shall have the same meanings given to them in the Housing Agreement. RECITALS A. The City and Developer entered into that certain Housing Agreement (Columbus Square) dated as of June 20, 2005 (the "Original Housing Agreement") in order to, among other things, ensure implementation of the Affordable Housing Requirements of the MCAS Tustin Specific Plan, the City's Density Bonus Ordinance, the Developer's City-approved "Affordable Housing Plan," the Developer's Density Bonus Application, the City's "Affordable Housing Policy," compliance with California Health and Safety Code Section 33413, subdivision (b)(2), and in accordance with conditions of approval for Tentative Tract Map 16581. B. The City and Developer agreed in the Housing Agreement that x11266 Affordable Housing Units at Columbus Square to be provided by Developer would be "for sale" units and would be owned and occupied only by Owner-Occupiers. C. Assignment Agreements were subsequently approved by the City for assignment and assumption of Developer's duties of performance under the Housing Agreement as follows, (i) an Assignment Agreement entered into by and between Moffett Meadows Partners and Tustin Villas Partners, LLC dated as of August 22, 2005 on Lot 4 of Finance and Conveyance Map No. 16857; (ii) an Assignment Agreement entered into by and between Tustin Villa Partners, LLC and Tustin Coventry, LLC dated as of October 19, 2009 on Lot 4 of Finance and Conveyance Map No. 16857; (iii) an Assignment Agreement entered into between Moffett Meadows Partners, LLC and Lennar Homes of California, Inc dated as of August 22, 2005 on Lots 8, 10 and 12 of Finance and Conveyance Map Tract 16857, and (iv) an Assignment Agreement entered into between Moffett Meadows Partners, LLC and William Lyon Homes, Inc. dated as of August 22, 2005 on Lot 7 of Finance and Conveyance Map No. 16857. D. Section 14 of the Housing Agreement provides that the Housing Agreement can be modified by written amendment if formally approved and executed by the Parties. E. Section 3.4.3 of the MCAS Tustin Specific Plan also permits multi-family dwelling units (Apartments) subject to review and City approval of a Conditional Use Permit. The Tustin Planning Commission reviewed and approved Conditional Use Permit _ with adoption of Resolution No. on , 2009 requiring the 240 senior citizen units in the Coventry Court product at Columbus Square to be amulti-family senior citizen aparhnent project rather than an owner occupied senior citizen multi-family condominium -1- 90087986.1 9/24/09 project. Of the 240 units in the Coventry Court project, 153 units were age and rent restricted to require occupancy by Senior Citizens who are Affordable Households, with the remaining 87 units age restricted for occupancy by Senior Citizens, but not income restricted. F. The Developer has submitted a formal request to the City to modify the Housing Agreement, consistent with the approval of Conditional Use Permit No. , to require Developer to make 153 Affordable Housing Units in Coventry Court of the tota1266 Affordable Housing Units at Columbus Square identified in the Housing Agreement available as Affordable Housing Units for rental occupancy by Senior Citizens. G. The City Council has found that the conversion of 153 of the 266 Affordable Housing Units from for-sale units into rental units will not result in any adverse impacts on the public health, safety or physical environment. H. Pursuant to Developer's request, the City and Developer hereby amend the Housing Agreement by way of this First Amendment to allow, in the Developer's discretion, for some or all of the 266 Affordable Housing Units to be made available as rental units. NOW, THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated in the operative provisions of this Amendment by this reference and mutual covenants and agreements set forth herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Sections 1.1, 1.2 and 1 3. The definitions for "Affordable Housing Cost for Lower Income Households," "Affordable Housing Cost for Moderate Income Households" and Affordable Housing Cost of Very Low Income Households" in Sections 1.1, 1.2, and 1.3 in the Housing Agreement are hereby amended and restated to read in their entirety as follows: "1.1 'Affordable Housing Cost' shall mean for any Affordable Housing Unit designated for sale as owner-occupied housing a price that does not exceed the Affordable Housing Cost for a Very Low Income Household, a Low Income Household, or a Moderate Income Household, as applicable. The Affordable Housing Cost for an Affordable Housing Unit shall be calculated as of the date of sale or resale of the Unit and shall take into account and include monthly payments for principal and interest on the mortgage loan, mortgage loan insurance, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities and in an amount not in excess of: (a) For'T~ery-Low Income Households,' as more particularly defined in Health and Safety Code Section 50052.5(b)(2) and as generally described herein as a price per unit which results in Monthly Housing Costs for the purchaser which shall not exceed one-twelfth of thirty percent (30%) times fifty percent (50%) of the annual Orange County Median Income, adjusted for family size appropriate for the unit. (b) For 'Low Income Households,' also defined as 'Lower Income Households' as more particularly defined in Health and Safety Code Section 50052.5(b)(3) and as generally described -2- 90087986.1 9/24/09 herein as a price per Unit which results in Monthly Housing Costs for the purchaser which shall not exceed one-twelfth of thirty percent (30%) times seventy percent (70%) of the annual Orange County Median Income, adjusted for family size appropriate for the unit. (c) For 'Moderate Income Households,' as more particularly defined in Health and Safety Code Section 50052.5(b)(4) and as generally described herein as a price per unit which results in the annual Affordable Housing Cost for the purchaser which shall not be less than twenty-eight percent (28%) of the gross annual income of the household, nor exceed the product of thirty-five percent (35%) times one hundred ten percent (110%) of the annual Orange County Median Income, adjusted for family size appropriate for the unit. Notwithstanding the foregoing, in accordance with Health and Safety Code Section 50052.5(b)(4), the City has determined and hereby agrees that, for a Moderate Income Household with annual gross income that exceeds one hundred ten percent (110%) of the annual Orange County Median Income, adjusted for family size appropriate for the unit. 1.2 'Affordable Rent' shall mean for any for-rent Affordable Housing Unit a maximum monthly rental or lease price that does not exceed the Affordable Rent for a Very Low Income Household, a Low Income Household, or a Moderate Income Household, as applicable. The Affordable Rent for afor-rent Affordable Housing Unit shall be calculated as of the date of rent of the unit and shall take into account and include a reasonable allowance for utilities and in an amount not in excess of: (a) For 'Very Low Income Households,' as more particularly defined in Health and Safety Code Section 50053(b)(2) and as generally described herein as a monthly rent which does not exceed one-twelfth of thirty percent (30%) times fifty percent (50%) of the annual Orange County Median Income, adjusted for family size appropriate for the unit. (b) For 'Low Income Households,' also defined as 'Lower Income Households,' as more particularly defined in Health and Safety Code Section 50053(b)(3) and as generally described herein as applicable to those low income households whose gross incomes exceed the maximum income for very low income households, a monthly rent which does not exceed one- twelfth of thirty percent (30%) times sixty percent (60%) of the annual Orange County Median Income, adjusted for family size appropriate for the unit. (c) For 'Moderate Income Households,' as more particularly defined in Health and Safety Code Section 50053(b)(4) and as generally described herein as a monthly rent which does not exceed one-twelfth of thirty percent (30%) times one hundred and ten percent (110%) of the annual Orange County Median Income, adjusted for family size. Notwithstanding the foregoing, in accordance with Health and Safety Code Section 50053(b)(4), the City has determined and hereby agrees that, for Moderate Income Households with annual gross incomes that exceed one hundred ten percent (110%) of the annual Orange County Median Income, adjusted for family size appropriate for the unit, a maximum monthly rent shall be calculated as not to exceed one- twelfth of thirty percent (30%) times one hundred and twenty percent (120%) of the annual Orange County Median Income, adjusted for family size. -3- 90087986.1 9/24/09 1.3 'Affordable Regulatory Agreement' or the 'Regulatory Agreement' means the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants in the form attached hereto as Attachment 9 to be recorded against property containing For-Rent Affordable Housing Units as described in Section 3.5." 2. Section 1.8. Section 1.8 of the Housing Agreement is hereby amended and restated to read in its entirety as follows: "1.8 'Affordable Housing Unit' means one of the one hundred thirteen (113) units to be provided by Developer for sale and to be occupied by Owner-Occupiers at an Affordable Housing Cost for Very Low, Lower or Moderate Income Households and the one hundred and fifty-three (153) Units identified by the Developer and approved by the City for rent to Senior Citizens at an Affordable Rent to Very Low Income Households, Low Income Households, and Moderate Income Households, as more specifically set forth in Section 3, collectively the 'For- Rent Affordable Housing Units."' 3. Section 1.13. The definition of "Lower Income Households" is hereby amended and restated to read in its entirety as follows: "1.13 'Low Income Household,' also defined as 'Lower Income Household shall mean a Household occupied by persons and families whose gross annual income is greater than fifty percent (50%) but does not exceed eighty percent (80%) of the annual Orange County Median Income, as published by the California Department of Housing and Urban Development, with adjustments for smaller and larger family sizes." 4. Section 1.16. The definition of "Memorandum of Agreement" in Section 1.16 of the Housing Agreement shall be hereby amended and restated to read: "1.16 'Memorandum of Agreement' shall have the meaning set forth in Section 3.9." 5. Section 1.17. The definition of 'Moderate Income Household' in Section 1.17 of the Housing Agreement is hereby amended and restated to read in its entirety as follows: "1.17 'Moderate Income Household' shall mean a Household occupied by persons and families whose gross annual income is greater than eighty percent (80%) but does not exceed one hundred and twenty percent (120%) of the Orange County Median Income, as published by the California Department of Housing and Urban Development, with adjustments for smaller and larger family sizes." 6. Section 1 23. The definition of "Very Low Income Household" in Section 1.23 of the Housing Agreement is hereby amended and restated to read in its entirety as follows: "1.23. 'Very Low Income Household' shall mean a Household occupied by persons and families whose gross annual income does not exceed fifty percent (50%) of the Orange County -4- 90087986.1 9/24/09 Median Income as published by the California Department of Housing and Urban Development, with adjustments for smaller and larger family sizes." 7. Section 1. Section 1 of the Housing Agreement is amended to add the following new Sections 1.24, 1.25, 1.26, 1.27 and 1.28 to read as follows: " 1.24 'Business Days' shall mean any day on which Tustin City Hall is open for business. 1.25. 'City Program Administrator' shall mean the Assistant City Manager or other Redevelopment Agency staff member as designated by either the Assistant City Manager or the City Manager. 1.26. 'Qualified Project Period' shall mean the period beginning on the first day on which at least fifty percent (50%) of the residential rental Senior Citizen units in the Coventry Court project are completed and first occupied and ending on the date that is fifty-five (SS) years after the date on which at least fifty percent (50%) of the residential rental Senior Citizen units are completed and first occupied. 1.27 'Senior Citizen' means persons age 55 and older. 1.28. 'verification of Income' shall mean the documentation by the Developer from the Very Low Income Household, Low Income Household, and Moderate Income Households verifying income as described in Section 3.5.10 hereof or such other form as may from time to time be provided by the City Program Administrator to the Developer." S. Section 3. The title of Section 3 of the Housing Agreement is hereby amended and restated as follows: " 3. Affordable Housing Unit Obligations and Tenure Restrictions 9. Sections 3.1 and 3.2 of the Housing Agreement are hereby deleted in their entirety and new Sections 3.1 and 3.2 are substituted in their place. " 3.1. Affordable Housing Unit Obli ations 3.1.1. Developer covenants and agrees for itself, its successors, its assigns and every successor in interest of Developer that no fewer than two hundred sixty-six (266) residential units shall be constructed and available for sale to and/or rental to and occupancy by, Very Low Income Households, Low-Income Households, and Moderate Income Households (the 'Affordable Housing Units'), as identified in Attachment No. 2. Of these two hundred and sixty- six (266) Affordable Housing Units: -5- 90087986.1 9/24/09 (a) no fewer than one hundred thirteen (113) of the Affordable Housing Units shall be constructed and shall be made available asfor-sale units for occupancy by qualified persons at an Affordable Housing Cost for Very Low, Lower or Moderate Income Households. All for-sale Affordable Housing Units shall be sold to and occupied by Owner-Occupiers. Of these one hundred thirteen (113) units, a minimum of twenty-five (25) units shall be sold to Very Low Income Households, a minimum of sixty-four (64) units shall be sold to Lower Income Households, and a minimum of twenty-four (24) units shall be sold to Moderate Income Households; and (b) no fewer that one hundred fifty-three (153) of the Affordable Housing Units shall be constructed and shall be made available for rental occupancy by Senior Citizens, with a minimum of thirty-six (36) units rented to 'Very Low Income Households', a minimum of sixty- one (61) units rented to Low Income Households, and fifty-six (56) units rented to Moderate- Income Households. For rent Affordable Housing Units may only be rented to and occupied by Senior Citizens. The proposed general locations of such Affordable Housing Units by specific parcel, tenure (rental or ownership), bedroom count by tenure which shall not be less than the bedroom mix (shown in Table 4 of the Affordable Housing Plan, as amended), shall be in accordance with conditions of approval of Resolution CC OS-40, including Conditions 2.1, 2.2, and 2.3, and in Planning Commission Resolution No. ,including Conditions 3.2 Affordable For-Sale Housin Unit Re uirements: Marketin and R uired Documents 3.2.1 Income Qualification Standards and Procedures The Developer shall submit to the City's Program Administrator an Affordable Housing Purchaser Selection and Criteria Plan for Redevelopment Agency review and approval thirty (30) days prior to approval of a final map or issuance of a building permit. The City's Program Administrator shall approve or disapprove the Affordable Housing Purchaser Selection and Criteria Plan within twenty (20) calendar days. The Developer shall initiate marketing and sales of the Affordable Housing Units after Program Administrator's approval of Developer's Affordable Housing Purchaser Selection and Criteria Plan. Sale of Affordable Housing Units can only be after fmal map recordation and all necessary California Department of Real Estate approvals. Prior to execution of a sales contract for an Affordable Housing Unit, Developer shall submit to Program Administrator proposed purchaser's income certification and related income verification materials in a form acceptable to the Program Administrator and in the event that the Program Administrator finds that the provisions of the Agreement have been complied with, Program Administrator shall approve same in writing. The Developer shall submit to Program Administrator individual escrow instructions for buyers of Affordable Housing Units and all other related documents at least twenty (20) calendar days prior to close of escrow of individual Affordable Housing Units and with submission of individual escrow instructions and related items by Developer to Program Administrator. The Program Administrator shall approve or disapprove individual escrow instructions and related items for buyers of Affordable Housing Units within ten (10) calendar days of the following submission by Developer. -6- 90087986.1 9/24/09 3.2.2 Housing Affordable Documents to be Recorded. At the time of closing of each sale of an Affordable Housing Unit to an Owner Occupier, the Developer shall cause to be recorded against such Affordable Housing Unit the applicable 'Affordable Housing Covenant' based on the income level for such Affordable Housing Unit (i.e., Very Low Income, Low Income, or Moderate Income), the applicable 'Affordable Housing Trust Deed, and the "Affordable Housing Option Agreement" . The Developer shall also cause to be executed a promissory note executed by the applicable Owner-Occupier. 1n addition, Developer shall require the prospective Owner Occupier to execute a 'Reimbursement Agreement' (Exhibit 'E' to each Affordable Housing Covenant), which executed agreement shall be delivered to the City's Program Administrator as a condition of close of escrow on the Unit. In order to enable Developer to meet its continuing housing obligations under State law and as required by the Specific Plan and Housing Agreement, and because the City has facilitated the provision of the Affordable Housing Units through its adoption of the Specific Plan and housing incentives in the Density Bonus Ordinance, and provided that the Affordable Housing Covenant, Affordable Housing Trust Deed and Affordable Housing Option Agreement are recorded concurrently with the closing of the sale of an Affordable Housing Unit, the City agrees to accept the Affordable Housing Note, which Affordable Housing Note shall be in an amount equal to the difference between the appraised fair market value of the unit as if it was a Market Rate Unit and the sales price required to sell the Unit at an Affordable Housing Cost for Very Low Income Households, Law Income Households or an Affordable Housing Cost for Moderate Income Households, as applicable. The Affordable Housing Note shall be in the applicable form attached hereto as Attachment No. 3. Each Affordable Housing Note shall be assigned by the Developer to the City at the time of the closing of the sale of each Affordable Housing Unit, and shall be secured by a deed of trust executed by the purchasing Owner Occupier and recorded against the Unit at the time of the closing of such sale (the 'Affordable Housing Trust Deed') in the applicable form attached hereto as Attachment No. 4. The Affordable Housing Trust Deed shall secure the obligations of the Owner Occupier set forth in the Affordable Housing Covenant, the Reimbursement Agreement and the Affordable Housing Promissory Note and shall be subordinate in priority only to the monetary lien of a purchase money deed of trust also recorded at the time of closing of the sale securing an amount not in excess of the applicable Affordable Housing Cost of the Unit. The Affordable Housing Deed of Trust shall be subordinate in priority only to the monetary lien of a purchase money deed of trust also recorded at the time of closing." 12. Section 3.3. The title of Section 3.3 of the Housing Agreement is amended as restated to read in its entirety as follows: " 3.3 Covenant: Affordable For Sale Units." 13. Sections 3.4 and 3.5 are hereby amended and restated to read in their entirety as follows: " 3.4. For-Rent Affordable Housing Unit Requirements• Marketing_and Required Documents. The 153 required For-Rent Senior Citizen Affordable Housing Units shall -7- 90087986.1 9/29/09 be constructed in the Coventry Court project as depicted in general location in Attachment No. With respect to the Coventry Court Senior Citizen rental apartment project, 36 units shall be rent restricted and occupied by Very Low Income Senior Citizen Households, 61 units shall be rent restricted and occupied by Low Income Senior Citizen Households, and 56 units shall be rent restricted and occupied by Moderate Income Senior Citizen Households, and 87 units shall be rented at market rates. 90087986.1 9/29/09 -8- 3.5 Covenant Re: Affordable For-Rent Units. 3.5.1 The Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to property designated to contain For-Rental Senior Citizen Affordable Housing Units to construct the For-Rent Senior Citizen Affordable Housing Units described in Section 3.4 and depicted as to general location on Attachment No. and said units shall be restricted for a period terminating fifty-five (55) years from the issuance of a certificate of occupancy for a rental project and expiration of the Qualified Project Period and according to the following terms: (a) Affordable Housing Units designated by general parcel location in Attachment No. as being For-Rent to Very Low-Income Households shall only be rented and occupied by Senior Citizens in Very Low-Income Households; (b) Affordable Housing Units designated by general parcel location in Attachment No. as being For-Rent to Low-Income Households shall only be rented and occupied by Senior Citizens in Low-Income Households; and (c) Affordable Housing Units designated by general parcel location in Attachment No. as being For-Rent to Moderate Income Households shall only be rented and occupied by Senior Citizens in Moderate Income Households. 3.5.2 In order to impose upon a parcel the obligations set forth above in Section 3.5.1, prior to issuance by the City's Building Official of further building permits for the Coventry Court project, there shall be recorded against the Coventry Court project site an 'Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants,' (hereinafter referred to as the 'Regulatory Agreement') in the form of the Regulatory Agreement and applicable covenants attached hereto as Attachment No. 9. 'The Developer shall cause the Regulatory Agreement, and all amendments and supplements hereto and thereto, to be recorded and filed in the Official Records and in such other places as the Program Administrator may reasonably request. The Developer shall pay all fees and charges incurred in connection with any such recording. Written evidence of the recorded Regulatory Agreement shall be provided to the Program Administrator. 3.5.3 Renting to Affordable Households. Very Low Income Units, Low Income Units and Moderate Income Units shall be rented to eligible and qualified Senior Citizens in Very Low Income Households, Low Income Households and Moderate Income Households in accordance with the following terms: a) Developer shall use its best efforts to fill vacancies of Very Low Income, Low Income, and Moderate Income Affordable Units as soon as possible following the date the Affordable Housing Unit becomes available for renting, by renting the units to Senior Citizens in Very Low Income Households, Low Income Households, and Moderate Income Households as applicable to such units and as described in Section 3.4.1 and generally depicted on Attachment No. Developer shall lease available units to eligible Affordable Households on a first-come, first-served, and non-discriminatory basis. Developer shall notify the City Program Administrator of any Affordable Housing Units that either (a) fails to have been leased to a Senior Citizen in a Very Low Income Household, Low Income Household, or Moderate Income Household, as applicable, within thirty (30) days after the issuance of a certificate of occupancy for the unit (the 'Initial Leasing Period'), or (b) becomes available as a result of tenant -9- 90087986.1 9/29/09 vacation of the premises. b) Developer shall create and maintain an 'interest list' which includes all potential tenants who have expressed an interest in leasing a unit within each rental project. The interest list shall clearly designate whether such potential tenant is a Senior Citizen in a Very Low Income Household, Low Income Household, or Moderate Income Household. The interest list shall clearly indicate whether such potential tenant will be receiving rental assistance under the U.S. Department of Housing and Urban Development (HUD) Section 8 program (or other federal programs that may replace the Section 8 program). Developer shall use its best efforts to fill vacancies of Very Low Income Units, Low Income Units, and Moderate Income Units as soon as possible following the date the Affordable Housing Units become available for renting, by renting the units to Senior Citizens in Very Low Households, Low Income Households, and Moderate Income Households as applicable to such units. c) An Affordable Housing Unit that either (a) fails to be leased within the Initial Leasing Period to a Senior Citizen in a Very Low Income Household, Low Income Household, or Moderate Income Household, as may be applicable, or (b) becomes available as a result of tenant vacation of the premises, shall be rented to a new eligible and qualified tenant in accordance with the following procedure: (i) Developer shall make a reasonable efFort to contact eligible and qualified prospective tenants in the order of priority on the interest list as set forth in this Section 3.5.3 above and, Developer shall lease available units to such eligible tenants on a first- come, first-served, basis; (ii) Each such eligible and qualified prospective tenant shall have three (3) business days to notify Developer of the prospective tenant's intent to accept the unit, and must thereafter execute a lease for the unit within seven (7) days of such acceptance; (iii) Failure of the eligible and qualified prospective tenant to timely notify Developer of accepting the unit or to thereafter timely execute a lease for the unit shall be deemed rejection of the unit, and Developer may seek other eligible tenants as set forth in this subsection (c) and following. d) In the event the 'interest list' maintained by the Developer does not include a prospective tenant that is eligible and qualified as a tenant of a vacant Affordable Housing Unit, or in the event Developer is unable to lease a vacant Affordable Housing Unit after fully complying with the procedures set forth herein, the Developer may lease the restricted unit to any eligible and qualified Very Low Income Household, Low Income Household, or Moderate Income Household for the appropriate restricted unit. e) Senior Citizens in Low Income Households, Very Low Income Households and Moderate Income Households who occupy Low Income Units, Very Low Income Units and Moderate Income Units at the expiration of the Qualified Project Period and who qualify as Very Low Income Households, Low Income Households, or Moderate Income -10- 90087986.1 9/24/09 Households on such date shall be permitted to continue to occupy those Low Income Units, Very Low Income Units and Moderate Income Units for a period of one (1) year, beginning on the first day a$er the expiration of the Qualified Project Period; provided, however, that annual rent increases during such one (1) year period shall not exceed an amount equal to the existing rent for such unit plus an amount equal to the greater of (i) five percent (5%) or (ii) the percentage increase that would have been permitted had the Qualified Project Period not expired. Except as provided in the preceding sentence, upon the expiration of the Qualified Project Period, the Affordable Housing Units shall no longer be subject to the provisions of this Section 3. fl The Developer agrees to provide to Very Low Income Households, Low Income Households, and Moderate Income Households within the rental project sites notice of all rent increases pursuant to applicable Governmental Requirements, including rules and regulations of the State. 3.5.4 Rental Rates. Rental rates for all Affordable Housing Units to which this Agreement and a Regulatory Agreement are applicable shall not exceed the higher of following: (a) The Affordable Housing Rent as defined in the California Health and Safety Code Section 50054 for Very Low Income Households (Section 50053 (b)(1)), for Low Income Households (Section 50053 (b)(2)), and for Moderate Income Households (Section 50053 (b)(3)), less the monthly allowance for utilities and services (excluding telephone) to be paid by the household; or (b) If an Affordable Housing Unit designated for rent to a Senior Citize in a Very Low Income Household or Low Income Household receives federal or state rental subsidy, and a Very Low or Low Income tenant pays as a contribution toward rent no more than thirty percent (30%) of the household's adjusted income, then the maximum rent (i.e., tenant contribution plus any rental subsidy) shall be the fair market rent allowable under the federal or state rental subsidy certificate or voucher program. Alternatively, the maximum monthly rent that may be charged to a qualified tenant who is subject to this limitation may be the monthly adjusted income of the qualified tenant multiplied by thirty percent (30%) and divided by 12 and, if applicable, a monthly allowance for any utilities and services (excluding telephone) to be paid by the tenant shall be subtracted. 3.5.5 Voucher Holders. No Affordable Housing Units designated for rent to a Senior Citizen in a Very Low Income Household or Low Income Income Household shall be refused for leasing to a holder of a certificate or voucher under 24 CFR Part 982 Section 8 Rental Certificate Program or Section 8 Rental Voucher Program or to the holder of a comparable document evidencing participation in a HOME tenant-based assistance program because of the status of the prospective Very Low Income Household or Low Income Household as a holder of such certificate of family participation, rental voucher, or comparable tenant-based assistance document. -11- 90087986.1 9/29/09 3.5.6 Rent Schedule and Utility Allowances. The City Program Administrator shall annually review and approve rents proposed by the Developer for the Affordable Housing Units to determine that the Developer has properly applied the rental restrictions contained in this Section 3.5 and shall provide the Developer with a schedule establishing the monthly allowances for utilities and services to be paid by the tenants of the units. The Developer shall re-examine the income of each tenant household living in the Affordable Housing Unit at least annually. The maximum monthly rent shall be recalculated by the Developer and reviewed and approved by the City Program Administrator annually and may change as changes in the applicable gross rent amounts, the income adjustments, or the monthly allowance for utilities and services warrant. The Developer shall not impose on a tenant an increase in rent approved by the City Program Administrator if that increase is not permitted to be imposed under the lease between Developer and the tenant. Developer shall provide not less than thirty (30) days prior written notice to affected tenants before implementing any increase in rents. 3.5.7 Increases in Income (a) If, as a result of the annual re-examination of incomes required pursuant to Section 3.5.6, the Developer determines that a household that qualified as a Very Low Income Household for purposes of paragraph 3.5.3 above, no longer is a Very Low Income Household but instead qualifies as a Low Income Household, then the Developer may require that household to pay the Affordable Rent for Low Income Units, and the Developer shall lease the next available Low Income or Moderate Income Unit to a Senior Citizen in a Very Low Income Household at the rent permitted under Section 3.5.3. (b) If, as a result of the annual re-examination of incomes required pursuant to Section 3.5.6, the Developer determines that a household that qualified as a Very Low Income Household for purposes of paragraph 3.5.3 above, no longer is a Very Low Income Household but instead qualifies as a Moderate Income Household, then the Developer may require that household to pay the Affordable Rent for Moderate Income Units, and the Developer shall lease the next available Low Income Unit or Moderate Income Unit to a Senior Citizen in a Very Low Income Household at the rent permitted under Section 3.5.3. (c) If, as a result of the annual re-examination of incomes required pursuant to Section 3.5.6, the Developer determines that a household that qualified as a Low Income Household for purposes of paragraph 3.5.3 above, no longer is a Low Income Household but instead qualifies as a Moderate Income Household, then the Developer may require that household to pay the Affordable Rent for Moderate Income Units, and the Developer shall lease the next available Moderate Income Unit to a Senior Citizen in a Low Income Household at the rent permitted under Section 3.5.3. (d) If, as a result of the annual re-examination of incomes required pursuant to Section 3.5.6, the Developer determines that a household that qualified as a Very Low Income Household, Low Income Household, or Moderate Income Household for purposes of paragraph 3.5.3 above, no longer is a Very Low Income Household, Low Income Household, -12- 90087986.1 9/24/09 or Moderate Income Household, then the Developer may require that household to pay fair market rent, and the Developer shall lease the next available apartment unit in the development to a Senior Citizen in a Very Low Income Household, Low Income Household, or Moderate Income Household (whichever class of household that the original Affordable Housing Units was to be leased to) at the affordable rent for such Very Low Income Unit, Low Income Unit, or Moderate Income Unit. Such next available apartment unit shall then be deemed to be a Very Low Income Unit, Low Income Unit, or Moderate Income Unit, subject to the provisions of this Section 3.5, and the previous unit shall no longer be subject to the provisions of this Section 3.5. (e) Notwithstanding the foregoing provisions, it is the intent of this Agreement and the Regulatory Agreement that the number of Very Low Income Units, Low Income Units, and Moderate Income Units be allocated as among the Affordable Housing Units as provided in Section 3.4. In the event the foregoing provisions result in an allocation of Affordable Housing Units different from that provided in Section 3.4, Developer shall lease the next available Affordable Housing Unit to a Senior Citizen in a Very Low Income Household, Low Income Household, or Moderate Income Household, as the case may be, in order to correct the allocation. 3.5.8 Minimum Rents. Notwithstanding the other provisions of this Section 3.5, Developer shall not be required to charge a rent for a Very Low Income Unit, Low Income Unit, or Moderate Income Unit that would be lower than the maximum rent Developer would have been permitted to charge for the Unit had the determination of maximum rent been made on the date the City and Developer entered into the Agreement. 3.5.9 Tenant Protections (a) Rental Agreement. The Rental Agreement (lease) between Developer and the Affordable Household must be for not less than one year, unless the City Program Administrator provides prior written approval, and may not contain any of the following provisions: (i) Any agreement by the tenant to be sued, to admit guilt or to consent to a judgment in favor of the Developer in a lawsuit brought in connection with the lease. (ii) Any agreement by the tenant that the Developer may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the Unit after the tenant has moved out of the Unit. The Developer may dispose of this personal property in accordance with applicable state law. its agents legally responsible fo~r~any action or failure to act whether irntentional or nDeveloper or gligent. -13- 90087986.1 9/24/09 (iv) Any agreement of the tenant that the Developer may evict the tenant or household members without notice to the tenant. (v) Any agreement by the tenant that the Developer may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties. (vi) Any agreement by the tenant to waive any right to a trial by jury. (vii) Any agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease. (viii) Any agreement by the household to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the Developer against the tenant. The tenant, however, maybe obligated to pay costs if the tenant loses. (b) Termination of Tenancy. Developer may not terminate the tenancy or refuse to renew the lease of an affordable housing tenant except for violation of the terms and conditions of the lease; for violation of applicable federal, state, or local law; or for other good cause. Any termination or refusal to renew must be preceded by not less than sixty (60) days by the Developer's service upon the tenant of a written notice specifying the grounds for the action. 3.5.10 Very Low Income. Low Income and Moderate Income Senior Citizen Tenants; Records and Reports The Developer hereby represents, warrants and covenants as follows: (a) Within 30 days after the date on which at least ten percent (10%) of the dwelling units in the Project are first occupied, the Developer shall execute and deliver a written notice, in the form provided by the City Program Administrator or otherwise approved by Program Administrator a copy of a certificate identifying said date and the beginning date and earliest ending date of the Qualified Project Period, which certificate shall be in the form provided by Program Administrator or otherwise approved by City's Program Administrator. The Developer shall record a copy of such certificate in the Official Records. (b) The Developer shall obtain, complete and maintain on file Verifications of Income qualification, in the form provided by City's Program Administrator or otherwise approved by City's Program Administrator, from each Very Low Income Household, Low Income Household or Moderate Income Household, including (i) a Verification of Income and age qualification dated immediately prior to the initial occupancy of such Very Low Income Household, Low Income Household or Moderate Income Household and (ii) thereafter, annual Verifications of Income and age qualifications which must be dated as of June 1st of each year, or such other date as may be mutually agreed upon by the City's Program Administrator and the Developer, and in no event less than once in every twelve-month period following each Very -14- 90087986.1 9/24/09 Law Income Household's, Low Income Household's, or Moderate Income Household's occupancy of a unit in the Project. The Developer will obtain such additional information as may be required in the future by the State or by the City's Program Administrator, due to changes in federal or state law. qualification for Very (Low Income Household, Low Income Household and Modme and age Household commencing upon occupation or continuing occupation of a Very Low Income Unit Low Income Unit, or Moderate Income Unit (and not previously filed) shall be attached to the Certificate of Continuing Program Compliance, in the form provided by City's Program Administrator or otherwise approved by City's Program Administrator which is to be filed with the City's Program Administrator no later than the fifteenth (15th) day of each month following the receipt by the City's Program Administrator of the Completion Certificate to and including the month in which such report indicates that fifty percent (50%) of the units in the Coventry Court Project are occupied by Senior Citizens in Very Low Income Households, Low Income Households and Moderate Income Households and, thereafter, no later than the first (1St) day of the sixth (6th) month of each calendar year until the end of the Qualified Project Period. that the information provided bye aneapplc anthnltheV erificatgiont of Income and effort to verify age qualifications is accurate by taking the following steps, as a part of the verifi at on pro~cessn (1) obtain birth certificates for all household members; (2) obtain pay stubs for the most recent one-month period or the last three months bank statements for self-employed individuals, and (3) obtaining income W-2 Wage and Earnings Statements and tax returns for the most recent tax year; alternatively, if determined appropriate for the tenant's situation the following may be obtained: (i) obtain an income verification from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (ii) if the applicant is unemployed, does not have income tax returns or is otherwise unable to provide other forms of verification as required above, obtain another form of independent verification satisfactory to the Program Administrator. pertaining to the Very(Low In omeDUnitspLow Income Units, and Moderate Incourate records me Umts and shall permit any duly authorized representative of the City to inspect the books and records of the Developer pertaining to the Project, including those records pertaining to the occupancy of the Affordable Housing Units. (fl The Developer shall prepare and submit to the City Program Administrator no later than the first (1St) day of the sixth (6th) month of each calendar year until the end of the Qualified Project Period, a Certificate of Continuing Program Compliance executed by the Developer with the following information: (i) The number of the dwelling units of the Project which were occupied, pursuant to Section 3.4 above, by Senior Citizens in Very Low Income Households, Low Income Households, and Moderate Income Households during such period and such other -15- 90087986.1 9/24/09 tenant information as may be reasonably required as stated on the form of the Certificate of Continuing Program Compliance acceptable to the Program Administrator; and (ii) A statement either: (a) that no un-remedied default has occurred under the Regulatory Agreement or (b) a default has occurred, in which event the Certificate shall describe the nature of the default in detail and set forth the measures being taken by the Developer to remedy such default. 3.5.11 Each lease or rental agreement for an Affordable Housing Unit shall contain a provision to the effect that the Developer has relied on the Verification of Income Certification and age qualification and supporting information supplied by the Very Low Income Household, Low Income Household, or Moderate Income Household in determining qualification for occupancy of the Very Low Income Units, Low Income Units and Moderate Income Units by Senior Citizens and that any material misstatement in such verification (whether or not intentional) will be cause for immediate termination of such lease or rental agreement. Each such lease or rental agreement shall also provide (and shall so disclose to the tenant) that the tenant's income and age qualification is subject to annual certification in accordance with the terms of the Regulatory Agreement, and that, if upon review of any such verification the tenant's income exceeds the then applicable income limit for a Very Low Income Household, Low Income Household, or Moderate Income Household, such household shall cease to qualify as a Very Low Income Household, Low Income Household, or Moderate Income Household, and, as a consequence, said household's lease shall be subect to termination on such prior notice as the City's Program Administrator deems reasonable. 3.5.12 Termination of For-Rent Affordable Housin Covenants. The provisions of this Section 3.5 shall remain in full force and effect for the period provided in Section 3.5.1." 14. Section 3.6 is hereby deleted in its entirety and a new Section 3.6 is substituted in its place as follows: " 3.6 Purpose of Affordable Housing Proves 'fie City and the Developer hereby agree that the provisions of this Agreement relating to the Affordable Housing Units are entered into in order to achieve a stabilized community of Owner-Occupied for-sale Affordable Housing Units and for-rent Affordable Housing Units. It is the intention of the City and the Developer that the City and its successors and assigns be empowered to enforce the covenants contained in this Affordable Housing Agreement and all Affordable Housing Covenants, or Regulatory Agreements, that each of the foregoing empower the City and its successors and assigns to enforce the covenants contained herein, and that each of the foregoing should also be construed and interpreted." 15. Section 3 is hereby amended to add the following new Section 3.7: " 3.7_ Compliance with Density Bonus Ordinance Specific Plan and Applicable State -16- 90087986.1 9/24/09 Law. The City and the Developer hereby agree that the provisions of this Agreement comply with the Specific Plan, Density Bonus Ordinance, Government Code Section 65915, and California Health and Safety Code Sections 33413, 33334.3, and 33334.14, and that such provisions fully satisfy the requirements of such code sections." 16. Section 3 is hereby amended to add the following new Section 3.8: " 3.8 Other Covenants: Developer covenants and agrees for itself, its successors, its assigns that: 3.8.1 Obligation to Refrain from Discrimination. There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site or any portion thereof, nor shall Developer itself or any person claiming under or through it (including any tenant) establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees on the Property or any portion thereof. 3.8.4 Redevelopment Law: Form of Nondiscrimination and Non segre ation Clauses. The Developer itself and any person claiming under or through it shall refrain from restricting the sale of the property on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry of any person. All deeds, leases or contracts shall contain or be subject to substantially the following non-discrimination or non- segregation clauses: (a) In Deeds: 'The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, .tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming. under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land.' (b) In Leases: 'The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: 'That there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the -17- 90087986.1 9/24/09 selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein leased.' (c) In Contracts: 'There shall be no discrimination against or segregation af, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land.' The Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, transfer, rental or lease (where permitted), use, occupancy, tenure or enjoyment of the Site nor shall the Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of purchasers of the Property, or renters or lessees of the Property, or any portion thereof." 17. Section 3 of the Housing Agreement is hereby amended to add a new Section 3.9 to read: " 3.9 Memorandum of A Bement. A Memorandum of Agreement, substantially in the form of Attachment 8, attached hereto and incorporated herein by this reference, shall be recorded against the Property upon execution of this Agreement. A Memorandum of any Amendments to the Agreement, shall also be prepared, substantially in the form of Attachment 10, attached hereto and incorporated herein by this reference, and shall be recorded against the Property upon execution of any Amendments to the Agreement. 18. [this is an existing agreement, we are only adding or amending attachment 9 and 10]Section 17. Section 17 is hereby amended to add Attachment 9 and Attachment 10 to read as follows: "Attachment No. 1: Legal Description Attachment No. 2: Affordable Housing Units -Number, Location, Bedrooms Attachment No. 3: Affordable Housing Note Attachment No. 4: Affordable Housing Deed of Trust Attachment No. 5: Affordable Housing Covenant -18- 90087986.1 9/24/09 Attachment No. 6: Attachment No. 7: Attachment No. 8: Attachment No. 9: Attachment No. 10: (Very Low Income) Affordable Housing Covenant Affordable Housing Covenant (Moderate Income) Memorandum of Agreement Regulatory Agreement and Declaration of Restrictive Covenants (Coventry Court Rental Project) Memorandum of First Amendment to the Housing Agreement The new Attachments 9 and 10 to the Housing Agreement will be in the forms attached hereto as Exhibits 'A,' and 'B,' respectively." 19. Counterparts This First Amendment may be executed in counterparts. Each counterpart shall be deemed an original, and all counterparts shall be deemed the same instrument with the same effect as if all parties hereto had signed the same signature page. In addition, a copy of this First Amendment executed by a party hereto and telecopied to the other party shall be deemed to constitute delivery of an originally executed copy of this First Amendment to the other party. A facsimile signature shall be enforceable to the same extent as an original signature. [Signatures On Following Page] -19- 90087986.1 9/24/09 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date above written. "CITY" CITY OF TUSTIN, ATTEST: a California municipal corporation Pamela Stoker, City Clerk By; William Huston, City Manager or Christine Shingleton, Assistant City Manager APPROVED AS TO FORM: Woodruff, Spradlin & Smart Douglas Holland, City Attorney "DEVELOPER" MARBLE MOUNTAIN PARTNERS, LLC, MOFFETT MEADOWS its sole member, a Delaware limited liability company, PARTNERS, LCC, its administrative member a Delaware limited liability company By: Its: By: Its: ACKNOWLEGMENT AND CONSENT OF ASSIGNEES TO FIRST AMENDMENT The Undersigned, as assignees of portions of the property subject to the Housing Agreement in accordance with the assignment agreements referenced in Recital C hereof, consent to the foregoing amendments and agree to be bound thereby if and the extent such amendments affect the property owned by them. ASSIGNEES: For Lot 4 of Finance and Conveyance Map No. 16857 TUSTIN COVENTRY, LLC, a California Delaware limited liability company -20- 90087986.1 9/24/09 By: Lennar Homes of California, Inc., a California corporation, its managing Member sy: Name: Title: For Lots 8, 10 and 12 of Finance and Conveyance Map No. 16857 Lennar Homes of California, Inc, a California corporation By: Name: Title: For Lot 7 of Finance and Conveyance Map No. 16857 William Lyon Homes, Inc., a California corporation sy: Name: Title: -21- 90087986.1 9/24/09 EXHIBIT "A" ATTACHMENT 9 TO HOUSING AGREEMENT AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF COVENANTS 90087986.2 11/18/2009 TO BE INSERTED PRIOR TO EXECUTION EXHIBIT "B" ATTACHMENT 10 TO HOUSING AGREEMENT MEMORANDUM OF AGREEMENT FOR FIRST AMENDMENT TO THE HOUSING AGREEMENT 90087986.2 11/18/2009 MEMORANDUM OF AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Tustin 300 Centennial Way Tustin, California 92780 Attention: Assistant City Manager No fee for recording requested pursuant to Government Code Sections 6103 and 27383 MEMORANDUM OF FIRST AMENDMENT TO THE HOUSING AGREEMENT THIS MEMORANDUM OF THE FIRST AMENDMENT TO THE HOUSING AGREEMENT ("Memorandum of Agreement") is made as of 2009 by and between the CITY OF TUSTIN, a municipal corporation (together with its successors and assigned, the "City"), and MARBLE MOUNTAIN PARTNERS, LLC a Delaware limited liability company (the "Developer") to confirm that the City and the Developer have entered into that certain FIRST AMENDMENT TO THE HOUSING AGREEMENT dated as of 2009 (the "Amended Agreement) affecting the real pro ert described below. The City and the Developer are sometimes referred to herein individually as a "Party" and collectively as the "Parties." Initially capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Agreement. 1 • Property Affected b tY he Agreement The following described land is subject to the terms, covenants, conditions and restrictions set forth in the Amended Agreement effective as to such land upon the date of acquisition thereof by the Developer: 1.1 The "Property" consisting as of the date hereof of that certain land at the former MCAS Tustin site, legally described on EXHIBIT A attached hereto and incorporated herein by this reference. 1.2 This Memorandum of Agreement has been executed and shall be recorded immediately following the recordation of the Amended Agreement for the Site and the Amended Agreement and this Memorandum of Agreement shall each be binding upon the Site in accordance with its terms. 2. Effect of Agreement. The Amended Agreement imposes certain obligations, agreements, covenants, conditions and restrictions with respect to the Property and Developer's development, use, operation and ultimate disposition thereof of required Affordable Units, that run with the land as further set forth below, including, but not limited to without limitation: (a) The covenants for the development and sale and rent of Affordable Units contained in Sections 3.1 3.2 and 3.2 of the Amended Agreement; that remain in effect until execution and recordation by the City of a Certificate of Compliance on the Property and certain covenants and restrictions which continue on sold and rented Affordable Units under the terms of Section 3.3 of the Amended Agreement; (b) Certain restrictions on the sale or transfer of the Property contained in Section 6.1 6.2, and 7 and the assignment of the Amended Agreement contained in Section 3.3 of the Agreement, that terminate upon execution and recordation by the City of a Certificate of Compliance on the Property; (c) The non-discrimination covenants contained in Section 3 4 of the Amended Agreement that remain in effect in perpetuity; (fl The affordable housing covenants contained in Section 3.3 on for-sale Affordable Units and in Section 3.5 on for-rent Affordable Units, that remain in effect for the period specified in the Amended Agreement; 3. Amended Agreement and Memorandum of Agreement Run with the Land. The Amended Agreement and this Memorandum of Agreement, including, without limitation, the provisions recited and set forth above, and all other obligations, agreements, covenants, conditions and restrictions set forth in the Amended Agreement and this Memorandum of Agreement, are hereby agreed by the Developer and the City to be covenants running with the land and enforceable as equitable servitudes against the Site, and are hereby declared to be and shall be binding upon the Property and the Developer and the successors and assigns of the Developer owning all or any portion of the Property for the benefit of the City, except that a City approved written assignment by the Vertical Builder/Purchaser shall relieve Developer of its obligations under the Amended Agreement for that portion of the Property. 4. Acknowledgement and Assumption by Developer. The Developer hereby acknowledges and assumes all responsibilities placed upon the Developer under the terms of the Amended Agreement. 5. Public Documents. The documents constituting the Amended Agreement are public documents and may be reviewed at the official offices of the City. 6. Interpretation; Notice. This Memorandum of Agreement is prepared for recordation and notice purposes only and in no way modifies the terms, conditions, provisions and covenants of the Amended Agreement. In the event of any inconsistency between the terms, conditions, provisions and covenants of this Memorandum of Agreement and the Amended Agreement, the terms, conditions, provisions and covenants of the Agreement shall prevail. 7. Attachments. Exhibit A to this Memorandum of Agreement is hereby incorporated by this reference as though fully set forth in this Section. IN WITNESS WHEREOF, the parties have signed this Memorandum of Agreement as of the date first set forth above CITY: CITY OF TUSTIN Dated: By: William A. Huston, City Manager ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM sy: Doug Holland, City Attorney By: Clay Gantz, Special Counsel < Additional Signatures follow> "DEVELOPER" MARBLE MOUNTAIN PARTNERS, LLC, MOFFETT MEADOWS its sole member, a Delaware limited liability company, PARTNERS, LCC, administrative member a Delaware limited liability company By: Its: By: Its: ACKNOWLEGMENT AND CONSENT OF ASSIGNEES TO MEMORANDUM OF FIRST AMENDMENT The Undersigned, as assignees of portions of the property subject to the Housing Agreement, as amended by the First Amendment to the Housing Agreement, in accordance with the assignment agreements referenced in Recital C hereof of the First Amendment to the Housing Agreement, have consented to the Amended Agreement and this Memorandum of Agreement and agree to be bound thereby if and the extent such amendments affect the property owned by them. ASSIGNEES: For Lot 4 of Finance and Conveyance Map No. 16857 TUSTIN COVENTRY, LLC, a California Delaware limited liability company By: Lennar Homes of California, Inc., a California corporation, its managing Member By: _ Name: Title: For Lots 8, 10 and 12 of Finance and Conveyance Map No. 16857 Lennar Homes of California, Inc, a California corporation By: Name: Title: For Lot 7 of Finance and Conveyance Map No. 16857 William Lyon Homes, Inc., a California corporation By: Name: Title: Dated: By: By: STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE ) On before me, Notary Public, personally appeared a who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/area subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) EXHIBIT A TO MEMORADUM OF AGREEMENT LEGAL DESCRIPTION OF THE PROPERTY ADDENDUM TO HOMEBUYER NOTIFICATION COLUMBUS SQUARE This is an addendum ("Addendum's to the Homebuyer Notification -Columbus Square (the "Homebuyer Notification's executed by the undersigned ("Buyer's dated ,concerning the purchase of real property known as Homesite of Tract No. (the "Properry'~ in Columbus Square (the "Development's located in the City of Tustin, County of Oranget State of California, from and/or its affiliated companies ("Setler'~. The Development is part of a master planned development called "Columbus Square. " This Addendum modifies the Homebuyer Notification as set forth below. Unless defined in this Addendum, capitalized terms used in this Addendum have the meanings given them in the Columbus Square Homebuyer Disclosure Statement (the "Master Disclosure'. Buyer acknowledges, understands and accepts the following information: SALE, RENT AND OWNERSHIP PER MCAS TUSTIN SPECIFIC PLAN Development within the Community was originally approved for sale and ownership tenure only in accordance with Chapter 3.9.3J5 of the MCAS Tustin Specific Plan. The City of Tustin has recently approved the development of a for-rent project within the Community, as more particularly described below. COVENTRY COURT An "Active Adult" project has been planned for the Community on Lot 265 of Tract No. 16581, which is located on Charleston and Cambridge Streets adjacent to Georgia Street and Kensington Park Drive, and is currently planned to consist of approximately 240 age- restricted apartment units ("Coventry Court'. Originally, Coventry Court was designed as a for-sale project in the Community; however, the current owner of Coventry Court has obtained approval from the City of Tustin to develop Coventry Court as afor-rent project in the Community. Buyer was notified of the possibility that rental housing could be located in Coventry Court in Section 23 of the Master Disclosure. As an Active Adult project, each apartment unit ("Unit's must be occupied by at least one (1) resident who is at least 55 years of age. Coventry Court is required by the City to provide a total of 153 Units with affordability restrictions and 87 market rate Units. Of the 153 affordable Units, Coventry Court is required to have 56 moderate-income restricted Units, 61 low-income restricted Units and 36 very low-income restricted Units. The affordable housing restrictions are governed through entitlements and a housing agreement (which may be amended with City of Tustin approval.) It is currently anticipated that Coventry Court will be annexed into the Community and the owner of the Coventry Court apartment complex will become a member of the Community Association and pay assessments to the Community Association on a 2:1 2544-33253\SAM369~DISCLSR\ 924526.1 10/28/09 ratio. In other words, if annexed, the owner of the Coventry Court apartment complex would pay an amount equivalent to fifty percent (50%) of the monthly Common Assessments currently paid by each Owner of a Home in the Community for each Unit in the aparhnent complex. Buyer understands and acknowledges that due to the change in design of Coventry Court from afor-sale to a for-rent project, the amount of Common Assessments that Buyer must pay to the Community Association are expected to increase. At this time, it is not expected that the Common Assessments will increase more than twenty percent (20%) over the amount set forth in the current build-out budget for the Community; however, Seller makes no guarantees or warranties concerning this matter. In the event Coventry Court is ever converted from afor-rent to a for-sale project, the owners of the for-sale condominium units shall be responsible for paying the same Common Assessments as all other Owners in the Community. Coventry Court is currently designed to have amenities such as a recreation building and swimming pool for use by Coventry Court owners, residents and their guests. If Coventry Court has its own recreational facilities, then all costs for the maintenance of these recreation facilities are the exclusive responsibility of the owner or residents of Units in Coventry Court. As a result, the recreational facilities located within Coventry Court are not open to other Owners in the Community; provided, however, the owners and residents of the Units in Coventry Court will have the right to use the public recreational facilities located throughout the Community. In addition, if Coventry Court is annexed into the Community as currently anticipated, then the residents of Coventry Court will have the right to use the Community Association's private recreational facilities. This Addendum supplements the disclosures contained in the Homebuyer Notification. The Homebuyer Notification, as modified by this Addendum, is hereby ratified and shall continue in effect. Buyer has read and understands the matters set forth in this Addendum and Buyer has received a copy for Buyer's records. Buyer acknowledges and agrees that Buyer is solely responsible to make certain that Buyer understands the contents of this Addendum and Buyer will take whatever steps are necessary to do so, including without limitation, consulting an attorney, interpreter, or any other person whose advice or assistance maybe necessary to fully understand the matters set forth herein. Buyer acknowledges that Seller and Seller's representatives have made no other representations or warranties regarding the matters described above. Buyer acknowledges that Buyer has considered the possible effect of such matters in Buyer's decision to purchase a Home in the Community. ACKNOWLEDGED, UNDERSTOOD AND ACCEPTED: Date: , 200_ Buyer(s) of Homesite - of Tract No. 2 2544-33253\SAM369~DISCCSR\ 924526.1 10/28/09 Print Name Print Name 2544-33253\SAM369~DISCLSR\ 924526.1 10/28/09 Attachment F Resolution Nos. 4134, 4136, and 4137 RESOLUTION NO. 4134 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE DESIGN REVIEW 09-024 AND CONDITIONAL USE PERMIT 09-024, AUTHORIZING THE DEVELOPMENT OF A 240-UNIT SENIOR APARTMENT RESIDENTIAL COMPLEX (AGE RESTRICTED TO PERSONS OF 55 YEARS OR OLDER) INCLUDING 153 AFFORDABLE UNITS, WITH A PARKING STANDARD OF 1.7 SPACES PER UNIT, RECREATION CENTER, AND ASSOCIATED INFRASTRUCTURE AND SITE IMPROVEMENTS ON LOT 265 OF TRACT 16581 WITHIN PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS TUSTIN SPECIFIC PLAN, ALSO REFERRED TO AS COVENTRY COURT IN COLUMBUS SQUARE AT TUSTIN LEGACY The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Design Review 09-024 and Conditional Use Permit 09-024, Amendment to Tract Map 16581 and Amendment to Concept Plan 03-003 was submitted by Lennar Corporation for the development of a 240-unit senior apartment housing project for rental tenure on a nine (9) acre site within Columbus Square within Planning Area 4 and Planning Area 5 of the MCAS-Tustin Specific Plan (Lot 265 of Tract 16581); B. That the site is located in the MCAS Tustin Specific Plan land use designation of the General Plan, which provides for residential development, and on Reuse Disposition Parcels 23 and 24 in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, which is designated for low and medium density residential; C. That a public hearing on the matter was duly called, noticed, and held for said application on December 8, 2009, by the Planning Commission; D. That the site is located within Tract 16581 previously approved by City Council Resolution No. 05-40 and Concept Plan 03-003 approved by Planning Commission Resolution No. 3951 for subdivision of 105.5 acres within Planning Areas 4 and 5 of the MCAS Tustin Specific Plan for the purpose of developing 1,075 residential units including 240 senior housing units for ownership tenure of which 153 units are designate as affordable units; PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 2 E. That pursuant to Condition 2.2 of Resolution No. 05-40 approving TTM 16581, aConditional-Use Permit is required to permit a reduction in the number of on-site parking spaces from the required 2.25 spaces per unit to 1.7 spaces per unit. Conditional Use Permit 05-037 was approved in conjunction with Design Review 05-019, authorizing a parking standard of 1.7 spaces per unit for the senior condominium development; F. That the senior housing project was originally approved by Planning Commission Resolution No. 4014 as Design Review 05-019 and Conditional Use Permit 05-037 authorizing development of 240 age- restricted senior housing units for ownership tenure and a parking ratio of 1.7 spaces per unit; G. That pursuant to Condition 1.2 of Resolution No. 4014, permits must be obtained and substantial construction underway within 24 months; H. That some building permits were applied for, approved, and issued; and one (1) ten-unit building was constructed but the developer chose not to obtain additional permits or continue construction at Coventry Court; That since development at Coventry Court was discontinued, Design Review 05-019 and Conditional Use Permit 05-037 for Coventry Court are considered null; J. That the submitted plans are consistent with the plans that were previously approved by the Planning Commission and Community Development Department except for tenure type which is proposed to change from ownership to rental. Pursuant to Sections 3.4.2.A and 3.4.5.A of the MCAS Tustin Specific Plan, development in Planning Area 4 and 5 of apartments is a discretionary action requiring approval of a conditional use permit; K. That new applications (DR 09-024, CUP 09-024, and Amendments to TM 16581 and CP 03-003) for continued development of the project and change in tenure type from ownership to rental are proposed; L. That although a new Design Review application is required for the subject project, all applicable conditions from City Council Resolution Nos. 05-40 for approval of Tentative Tract Map 16581 and 06-17 for approval of Final Tract Map 16581 remain applicable to DR 09-024; M. That the City's Traffic Engineer re-reviewed the parking demand analysis approved under CUP 05-037 in conjunction with the proposed project for PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 3 the development of 240 senior rental apartments and determined that the difference in parking demand between a senior condominium (for sale) and senior apartment (for lease) project would be negligible. Accordingly, the parking ratio of 1.7 spaces per unit approved under CUP 05-037 remains valid and applicable to the subject project (CUP 09- 024); N. That pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin City Code, the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole, in that: The proposed senior residential apartment development is a permitted use in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, subject to approval of a conditional use permit, 2. As conditioned, the proposed project is consistent with the development standards and design guidelines of the MCAS Tustin Specific Plan, 3. As conditioned, conformance with all other applicable development standards, including current California building codes, will be verified by staff during plan check review, 4. The proposed site and building improvements are substantially consistent with plans previously approved by the Planning Commission and Community Development Department, 5. The location, size, architectural features and general appearance of the proposed development are consistent with and will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Commission has considered at least the following items: a) Height, bulk, and area of buildings. b) Setbacks and site planning. c) Exterior materials and colors. d) Type and pitch of roofs. e) Size and spacing of windows, doors, and other openings. f) Towers, chimneys, roof structures, flagpoles, radio and television antennae. g) Location, height, and standards of exterior illumination. h) Landscaping, parking area design, and traffc circulation. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 4 i) Location and appearance of equipment locatec enclosed structure. j) Location and method of refuse storage. k) Physical relationship of proposed structures structures in the neighborhood. I) Appearance and design relationship of proposed ex' t' outside an to existing structures to is ing structures and possible future structures in the neighborhood and public thoroughfares. m) Proposed signage. n) Development Guidelines and criteria as adopted by the City Council. O. That pursuant to Tustin City Code Section 9291, the proposed senior apartment housing development with a parking ratio of 1.7 spaces per unit will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject properly, or to the general welfare of the City of Tustin, in that: 1. Multi-family residential apartment housing is a permitted use in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, subject to approval of a conditional use permit; 2. The 240-unit senior apartment project is in conformance with the MCAS Specific Plan, including the limitation of rental units to a maximum 25 percent of the total number of units permitted in the Tustin portion of the Specific Plan; 3. The change from ownership to rental tenure will not result in a change in the design, operational characteristics, or intent of the project as previously considered and approved; 4. The aging and elderly are identified in the Housing Element of the City's General Plan as a growing special needs population in the City. The Housing Element identified Coventry Court as an implementation project to meet the City's housing projections and goals; 5. The project as proposed remains an age-restricted senior project and will benefit the target population as originally intended; 6. The 153 affordable housing units will be provided just as originally approved in terms of number, location, size, bedroom counts and income level, in conformance with the approved Housing Agreement and Affordable Housing Plan for Columbus Square; PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 5 7. Approval of the project for rental tenure will allow for the project to progress and deliver the affordable housing units to the market in a more timely manner and in conformance with the requirement for reasonable proportionality in development of market-rate and affordable housing units; 8. A parking demand analysis utilizing a parking ratio of 1.7 spaces per unit was previously approved for senior condominiums as CUP 05- 037 by Resolution No. 4014, has been re-reviewed by the City's Traffic Engineer in conjunction with the subject project, and has been determined to be satisfactory, adequate and applicable to the project as proposed for senior apartments. P. That the subdivision of 105.5 acres and development of 1,075 residential units at the Columbus Square site, including 240 multiple family attached senior housing units for ownership tenure was approved under Concept Plan (CP) 03-003 by Planning Commission Resolution No. 3951, under Tentative Tract Map (TTM) 16581 by City Council Resolution No. 05-40, and Final Tract Map (FTM) 16581 by City Council Resolution No. 06-17. The project proposed as rental units necessitates text amendments to CP 03-003, and TTM 16581 and FTM 16581 to ensure consistency of the approved housing tenure type from ownership to rental senior units, and that the necessary amendments are determined to be consistent with the intent of the approved Concept Plan and Tract Map. Q. That this project is determined to be exempt from additional CEQA review pursuant to California Government Code Section 65457 which provides that once the EIR has been certified and , the specific plan adopted, any residential development project that is undertaken to implement and is consistent with the specific plan is exempt from additional CEQA review. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin (FEIS/EIR), which evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, in conjunction with the adoption of a Specific Plan. On February 3, 2003, the Tustin City Council adopted Ordinance No. 1257, which adopted the MCAS Tustin Specific Plan. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR for the Disposal and Reuse of MCAS Tustin. The FEIS/EIR and its Addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. The development of Coventry Court at Columbus Square is a residential PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 6 development project that is being undertaken to implement and is consistent with the MCAS Tustin Specific Plan, as amended. No substantial changes in the project or circumstances under which it is being undertaken have occurred and no new information which was not known at the time the EIR was certified (or amended) has become available. Therefore, the proposed project is exempt from additional environmental review under CEQA. II. The Planning Commission hereby recommends that the City Council approve Design Review 09-024 and Conditional Use Permit 09-024 for development of a 240-unit senior housing project age restricted for persons of 55 years or older for rental tenure utilizing a parking standard of 1.7 spaces per unit on Lot 265 of Tract 16581, including 153 affordable housing units, recreation center, and associated infrastructure and site improvements, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 8th day of December, 2009. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4134 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of December, 2009. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4134 DESIGN REVIEW 09-024 AND CONDITIONAL USE PERMIT 09-024 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall conform with the Tustin City Code and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped December 8, 2009, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code, and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months. All time extensions may be considered if a written request is received within thirty (30) days prior to expiration date. (1) 1.4 Approval of Design Review 09-024, Conditional Use Permit 09-024, Amendment to Tract Map 16581, and Amendment to Concept Plan 03-003 is contingent upon the applicant 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 notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. 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 PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 2 (1) 1.5 As a condition of approval of Design Review 09-024, Conditional Use Permit 09-024, Amendment to Tract Map 16581, and Amendment to Concept Plan 03-003, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of or conditions imposed by the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 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). (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 The project approval is for 240 senior housing units age restricted to persons of 55 years or older for rental tenure utilizing a parking ratio of 1.7 spaces per unit, including 153 affordable units, recreation center, and infrastructure and site improvements. Any changes to the project description, scope, or affordable housing plan shall require further review and approval by the City. (*) 1.9 The subject project approval requires the approval and execution of an amendment to the Housing Agreement, including approval and execution of a Regulatory Agreement for the project by Tustin Coventry Seniors, LLC., and Affordable Housing Plan by the City Council in form and content approved by the Redevelopment Agency, City Attorney, and City's Special Real Estate Counsel. Should amendments to the Housing Agreement and Affordable Housing Plan not be approved by the City Council, the subject approval shall become Wulf and void. (*) 1.10 All applicable conditions of City Council Resolution Nos. 05-40 approving TTM 16581 density bonus, and affordable housing transfer and 06-17 approving FTM 16581, and Planning Commission Resolution No. 3953 approving DR 04-006 for the Columbus Square community shall remain applicable to Design Review 09-024, Conditional Use Permit 09-024, Amendment to Tract Map 16581, and Amendment to Concept Plan 03-003 as may be modified herein or in Planning Commission Resolution Nos. 4136 and/or 4137. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 3 (*) 1.11 The senior apartment development is proposed to be developed strictly as a senior complex with parking concession of 1.7 parking ratio per unit. Accordingly the senior apartment development shall be restricted to seniors of 55 years or older for the life of the project. An age restricted covenant running with the land shall be reviewed and approved by the Community Development Director and shall be recorded by the applicant prior to issuance of a building permit. DESIGN REVIEW (4) 1.12 The applicant shall clearly demonstrate compliance with all applicable development standards of the MCAS Tustin Specific Plan and the Tustin City Code on construction drawings at the time of plan check submittal. (4) 1.13 Architecturally compatible roof screening shall be incorporated into the building design similar and comparable to the roof screens that have been provided at the constructed model building on site. Details of proposed roof screens shall be provided in the construction drawings at the time of plan check submittal. (4) 1.14 Production plans shall incorporate additional chimneys as necessary to be consistent with the approved conceptual roof plans. GRADING PLAN SUBMITTAL (1) 2.1 Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer, shall be submitted and shall include the following: A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. B. Three (3) copies of a precise soils report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. C. Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. D. Information demonstrating that drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin`s "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989. E. Two (2) copies of a hydrology report. F. Information demonstrating that vehicle parking, primary entrance to the building, primary paths of travel, sanitary facilities, drinking fountain, and public telephones for the recreation building shall be PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 4 accessible to persons with disabilities. G. Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. (1) 2.2 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.3 The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.4 Prior to issuance of a grading permit, the applicant shall be required to provide a performance bond to assure grading work is completed in accordance with approved plans. The engineer's estimated cost shall be submitted to the Building Official for determination of the bond amount. (1) 2.5 A note shall be provided on the final plans indicating that a six (6) foot high chain link fence shall be installed around the site prior to grading. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. BUILDING PLAN SUBMITTAL (3) 3.1 At the time of building permit application, the plans shall comply with the latest applicable codes, City Ordinances, State, Federal taws, and regulations as adopted by the City Council of the City of Tustin. (3) 3.2 Building plan check submittal shall include the following: • Seven (7) sets of construction plans, including mechanical, plumbing, and electrical. • Structural calculations, two (2) copies. • Title 24 energy calculations, two (2) copies. • Elevations that include all proposed dimensions, finishes, and partial outlines of adjacent buildings o where applicable • Details for the proposed windows and doors. • Roofing material shall be fire rated class "B" or better. • The location of any utility vents or other equipment on the roof plan. drawings for materials, colors, n-site and off-site shall be provided • Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall- mounted fixtures shall be directed PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 5 at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. • A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." • Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal and all equipment must be six (6) inches below the top of the parapet, subject to the approval of the Community Development Director. • Noise attenuation features as required under the "Noise" section of this Resolution. • Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.3 Sufficiently sized concrete pad in front of mailbox structures shall be provided to allow mail carrier to place mail and homeowner to retrieve mail without standing. in the street or landscape area. (3) 3.4 Vehicle parking, primary entrance to the pool and recreational building, the primary path of travel, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (3) 3.5 The clear and unobstructed interior garage dimensions for each parking space shall be a minimum of ten (10) feet in width and twenty (20) feet in length and shall be shown on the plans. (4) 3.6 Information to ensure compliance with requirements of the Orange County Fire Authority shall be submitted including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. (1) 3.7 If determined feasible by the Building Official, the applicant shall implement one or more of the following control measures, if not already required by the SCAQMD under Rule 403 during construction as follows: a) Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces at all actively disturbed sites. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 6 b) Develop a construction traffic management plan that includes, but is not limited to, rerouting construction trucks off congested streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment on-site and off-site. c) Use electricity from power poles rather than temporary diesel or gasoline-powered generators. d) Reduce traffic speeds on all unpaved roads to 15 mph or less. e) Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. f) Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). g) Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications to exposed piles of gravel, sand, or dirt. h) Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two (2) feet of freeboard (i.e., minimum vertical distance between top of the load and top of the trailer). i) Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweepers with reclaimed water when feasible). j) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site each trip. k) Use low VOC architectural coatings for all interior and exterior painting operations. PUBLIC WORKS DEPARTMENT (1) 4.1 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way along Edinger Avenue and West Connector Road. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to the following: a) Curb and Gutter b) Sidewalk c) Drive aprons d) Catch basin/storm drain laterals/ connection to existing storm drain PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 7 system e) Domestic water facilities f) Reclaimed water facilities g) Sanitary sewer facilities h) Underground utility connections In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation may be required. (1) 4.2 Preparation of plans for and construction of: a. All sanitary sewer facilities shall be submitted as required by the City Engineer and Irvine Ranch Water District. b. A domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. The adequacy and reliability of the water system design and the distribution of fire hydrants shall be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District. (1) 4.3 The applicant shall comply and meet all conditions of Tract Map 16581. (1) 4.4 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 4.5 Any damage done to existing street improvements and utilities shall be repaired before issuance of a certificate of Occupancy. (1) 4.6 A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. (1) 4.7 In addition to the normal full size map and plan submittal process, all final maps and development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2007, or latest version, having the extension "DWG." All layering and linotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 8 submitted once will be released to the City. all construction has been completed. No project bonds until acceptable "as built" CADD files have been submitted (1) 4.8 Facility Solid Waste Collection and Recycling Plan a. Prior to approval of a site plan or the issuance of a building permit, whichever occurs first, a Facility Solid Waste Collection and Recycling Plan and a site plan covering the planned use o the facility shall be submitted utilizing the applicable from and approved by the City of Tustin Public Works Department. b. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. c. Waste and Recycling collection facilities shalt be equally and readily accessible by the property owner(s) or tenant(s). d. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler which utilizing either front loader or side loading equipment. e. Adequate collection capability shall be provided to ensure that collection frequency shall not exceed four times per week for commercial customers. f. All trash enclosures shall utilize the City's standard enclosure designed to accommodate at least two (2) 4-cubic yard bins, with at least one (1) bin reserved for recyclable materials. g. Prior to the issuance of a building permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. (***) 4.9 Condition of approval 4.1 of Resolution 05-40 approving Tentative Tract Map16581, which is incorporated into this approval, requires that the applicant fund its Fair Share Contribution to the Tustin Legacy Backbone infrastructure Program. The applicant shall fund and provide security for its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure Program as required by Condition of approval 4.1 of Resolution 05-40, including its Fair Share Contribution of the cost estimates of the Tustin Legacy Backbone Infrastructure as adjusted by the Tustin City Council on April 3, 2006, and September 2, 2008, and subject to future increases in the Backbone Infrastructure Program costs and applicant's Fair Share Contribution thereto. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 9 WATER QUALITY (1) 5.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. (1) 5.2 An updated Water Quality Management Plan (1NQMP) shall be submitted and approved prior to issuance of grading permit. The WQMP shall be prepared using the City's WQMP Guidelines. The applicant shalt submit a deposit of $2,700.00 for the estimated cost for reviewing WQMP to the City. The actual costs will be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit will be refunded to the applicant. CONSTRUCTION PHASING AND MODEL UNIT PLAN (1) 6.1 The developer shall close and convert the model units (constructed units) to occupancy within 90 days from the last unit rented. (1) 6.2 The applicant shall comply with the submitted phasing plan. LANDSCAPING/HARDSCAPE (1) 7.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: ^ Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. ^ Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. ^ Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. ^ The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 10 • Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. • Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. • Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. ^ Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. ^ All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. Landscape adjacent to the right-of-way shall be in compliance with the requirements of MCAS Tustin Specific Plan. Perimeter walls should be treated with vines to relieve large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. (4) 7.2 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. PARKING (*) 8.1 The approved parking ratio of 1.7 parking spaces per unit is contingent on the property remaining a senior housing complex for persons of 55 years and older. The project shall provide a minimum of 409 parking spaces including a minimum of 200 one-car garage spaces and 40 carports, 130 open guest parking stalls, 28 parallel street parking, 10 ADA accessible parking spaces and 1 ADA van accessible parking space. RENTER NOTIFICATION (1) 9.1 The applicant shall submit to the Community Development Department for review and approval a renter notification document that includes the notifications listed below. The notification document shall be signed by each renter(s) prior to occupancy, and a copy of the signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 11 A. A notice for roadway, trail, and train noise that may impact the project, including roadway noise associated with, Edinger Avenue, North Loop Road, Kensington Park Drive, and train noise associated with the rail corridor north of the project. The notice shall indicate the current number of trains per day (59) and the estimated to increase to over 100 trains on a 24 hour basis by the year 2020. The notice shall indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field-testing determines inadequate noise insulation. B. A notice, to be reviewed by the City of Tustin and the Tustin Unified School District, regarding the location of existing and proposed elementary, middle, and high schools which will serve the subdivision (text and map) and advice to renters that proposed school sites may never be constructed. C. 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. D. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and may require zoning clearance and a business license. E. A notice indicating that public use of a minimum one (1) acre or more portion of the park site,. to be maintained by the homeowners association, will be allowed and noting public ingress and egress through the subdivision will be provided for access to the park. F. A notice explaining the easements, facilities, amenities, and dedications that will be provided on lettered lots and indicating all on- site streets, alleys, paseos, and common areas are to be maintained by the homeowners association. G. A notice, to be approved by the City Attorney, indicating that neither the site, nor the project nor any part thereof any street or sidewalk, alleyway, or paseo thereon shall be privately gated, provided however that any swimming pool and/or spa facility within the common area and any indoor common area improvements, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the project and their guests. H. A notice indicating that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the renter's unit and that the City of Tustin PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 12 makes no claim, warranty, or guarantee that views from any unit will be preserved as development of surrounding properties occurs. I. A notice explaining that 153 affordable housing units will be dispersed throughout the project site. These units will remain affordable for a period of fifty-five (55) years or longer. J. A notice explaining the phasing of construction within the project site and surrounding subdivison and that activity may be disruptive. K. A notice that the project is located adjacent to a future fire station site at the southwest corner of Edinger Avenue and Kensington Park Drive and that the station will be operating 24 hours. ORANGE COUNTY FIRE AUTHORITY (5) 10.1 Prior to the issuance of any grading, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. (5) 10.2 Prior to the issuance of a building permit, the applicant shall submit evidence of the on-site fire hydrant system to the Fire Chief and indicate whether it is public or private. If the system is private, it shall be reviewed and approved by the Fire Chief prior to building permit issuance, and the applicant shall make provisions for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. Please contact the OCFA at (714) 573-6100 or visit the OCFA website for a copy of the "Guidelines for Private Fire Hydrant &/or Sprinkler Underground Piping." (5) 10.3 Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief, and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 573- 6100 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." (5) 10.4 Prior to the issuance of any grading, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available an automatic fire extinguishing system may be required in each structure affected. (5) 10.5 Prior to the issuance of building permits, a note shall be placed on the plans stating that all residential structures (R-1 occupancies) and any structure exceeding 6,000 square feet (per amendment) shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 13 (5) 10.6 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573- 6100 for additional information. (5) 10.7 Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. (5) 10.8 Prior to the issuance of any grading or building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access, or Bulletin number 08-99, "Fire Department Access Requirements for A Single Family Residence." (5) 10.9 Prior to the issuance of a precise grading permit or building permit, the applicant shall submit and obtain approval of the Fire Chief and City Staff of plans for all public or private access roads, streets and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When adead- end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. Applicable CC&R'S or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the Guidelines for Emergency Access." (5) 10.10 A note shall be placed on the fire protection access easement plan indicating that all street road signs shall be designed and maintained to be either internally or externally illuminated in a manner meeting approval of the Fire Chief. (5) 10.11 Prior to the issuance of any grading or building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 573- 6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements," or Bulletin 06-99, "Fire Lane Requirements on Private & Public Streets Within Residential Developments." (5) 10.12 Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R'S or PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 14 other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes, and an enforcement method. (5) 10.13 Prior to the issuance of any grading permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." (5) 10.14 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 573- 6100 to obtain a copy of the standard combustible construction letter. (5) 10.15 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (5) 10.16 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." (5) 10.17 This system shalt be operational prior to the issuance of a certificate of occupancy. NOISE (1) 11.1 Noise attenuation measures as recommended by the noise analysis shall be included with the construction drawings for plan check, which ensure a minimum outdoor-indoor transmission class (OITC) of 37. The interior and exterior noise levels (including balconies of six feet in width) shall comply with City of Tustin noise requirements. (1) 11.2 In accordance with the noise analysis, all units are required to include air conditioning units or fresh air intake systems to achieve the minimum interior noise level standards shall have these units installed prior to issuance of a Certificate of Occupancy. Prior to final inspection and issuance of certificates of use and occupancy, the developer shall provide an independent noise analysis verifying that interior noise levels comply with Title 25 and City noise requirements. (1) 11.3 The perimeter sound walls are included as part of the master wall plans for Columbus Square currently under review. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 15 PUBLIC SAFETY (4) 12.1 Required lighting shall be installed so as not to be in conflict with landscaping and possible reduced lighting output. Evidence of such shall be shown on lighting and landscape plans at the time of plan check submittal. ENVIRONMENTAL (1) 13.1 Additional measures related to development of this project as noted in the adopted EIS/EIR including, but not limited to the following: A. Prior to issuance of a grading permit, the developer shall retain a County-certified archaeologist. If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. B. The developer shall comply with the requirements established in a Palentological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. C. Prior to the issuance of a grading permit, the applicant shall provide written evidence to the Community Development Department that a County-certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. D. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. FEES (1)(5) 14.1 Prior to issuance of any building permits, payment shall be made of all PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 16 applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule at the time of permit issuance. e. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. f. Water and sewer connection fees to the Irvine Ranch Water District. g. New development tax in the amount of $350.00 per unit, plus $100.00 per bedroom over one (1) bedroom in each unit. h. School facilities fee in the amount as required by Tustin Unified School District. is Other applicable parkland in-lieu fees and Tustin Legacy Backbone Infrastructure Program fees as required by Resolution No. 05-40. (1) 14.2 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 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 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. RESOLUTION NO. 4136 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENT TO CONCEPT PLAN 03- 003 TO REFLECT A CHANGE IN TENURE FROM OWNERSHIP TO RENTAL FOR THE PROPOSED 240-UNIT AGE-RESTRICTED SENIOR HOUSING COMPLEX ON LOT 265 OF TRACT 16581 (COVENTRY COURT IN COLUMBUS SQUARE AT TUSTIN LEGACY) The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Design Review 09-024 and Conditional Use Permit 09-024, Amendment to Resolution No, 05- 40 which approved Tract Map 16581 and Amendment to Resolution No, 3951 which approved Concept Plan 03-003 was submitted by Lennar Corporation for the development of a 240-unit senior apartment housing project for rental tenure on a nine (9) acre site within Columbus Square within Planning Area 4 and Planning Area 5 of the MCAS-Tustin Specific Plan (Lot 265 of Tract 16581); B. That the site is located is located within Tract 16581 previously approved by City Council Resolution No. 05-40 in the MCAS Tustin Specific Plan land use designation of the General Plan, which provides for residential development, and on Reuse Disposition Parcels 23 and 24 in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, which is designated for low and medium density residential; C. That a public hearing on the matter was duly called, noticed, and held for said application on December 8, 2009, by the Planning Commission; D. That on February 14, 2005, the Planning Commission adopted Resolution No. 3951 approving Concept Plan 03-003 to subdivide 105.5 acres for the purpose of developing 1,077 residential units including 84 Single Family Detached (SFD), 181 Carriage Way SFD, 72 Multiple Family Attached (senior housing -- for ownership tenure) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 18 carriage way units, 552 Multiple Family Attached (MFR), 170 Multiple Family Attached (senior housing -- for ownership tenure) for a total of 740 units at an Resolution No. 4136 Amendment to Concept Plan 03-003 Page 2 Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS Tustin Specific Plan; E. That the submitted plans are consistent with the plans that were previously approved by the Planning Commission and Community Development Department except for tenure type which is proposed to change from ownership to rental; F. That the proposed project necessitates text amendments to Resolution 3951 which approved Concept Plan 03-003; G. That the amendment to Concept Plan 03-003 is in conformance with the Tustin Area General Plan and MCAS Tustin Specific Plan and approval of Concept Plan 03-003, subject to conditions contained in Resolution Nos. 4134 and 4137, would achieve the development concepts set forth by the MCAS Tustin Specific Plan, including: 1. Ensuring the continuity and adequacy of all circulation systems, such as: roadways, access points, trails, pedestrian ways, and other infrastructure systems needed to serve the project; 2. Ensuring the continuity and design quality of architecture, landscape, and hardscape themes and treatments; 3. Providing urban design features as per Chapters 2 and 3 of the MCAS Tustin Specific Plan; 4. Ensuring conformity with the Non-Residential Land Use Trip Budget; and, 5. Ensuring compliance with all applicable provisions of the MCAS Tustin Specific Plan. II. The Planning Commission hereby recommends that the City Council approve amendment to Concept Plan 03-003 to reflect a change in tenure from ownership to rental for the proposed 240-unit age-restricted senior apartment housing project on a nine (9) acre site within Columbus Square within Planning Area 4 and Planning Area 5 of the MCAS-Tustin Specific Plan (Lot 265 of Tract 16581), subject to the conditions of approval attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 8 day of December, 2009. STEVE KOZAK Chairperson Resolution No. 4136 Amendment to Concept Plan 03-003 Page 2 ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4136 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day December, 2009 ELIZABETH A. BINSACK Planning Commission Secretary (1) (*) EXHIBIT A RESOLUTION NO. 4136 AMENDMENT TO CONCEPT PLAN 03-003 CONDITIONS OF APPROVAL 1.1 Concept Plan 03-003 is approved for development of 1,075 residential units in Planning Area 4 and Planning Area 5 as follows: Planning Area 4 (Parcel 23) Planning Area 5 (Parcel 24) 84 Single Family Detached (SFD) 181 Carriage Way SFD 72 Multiple Family Attached (Senior Housing) Total: 337 units Average density of 8.62 du/acre 18 Carriage Way units 552 Multiple Family Attached (MFR) 170 Multiple Family Attached (Senior Housing) Total: 740 units Average density 17.53 du/acre 1.2 The amendment to the approved concept plan and Regulatory Agreement is subject to execution of the First Amendment to the Housing Agreement in conformance with the requirements of the density bonus application as approved by the City Council, Condition 1.9 and 1.10 of Planning Commission Resolution No. 4134, and Condition 2.2 of Resolution No. 4137. (*) 1.3 Resolution No. 4136 shall become null and void in the event that Resolution Nos. 4134 approving Design Review 09-024 and Conditional Use Permit 09-024 and Resolution No. 4137 approving Amendment to the Tract Map 16581 are not approved by the City Council. (1) 1.4 Approval of Amendment to Concept Plan 03-003 shall be contingent upon all conditions of approval contained within Resolution Nos. 4134 and 4137. (**'~) 1.5 Condition of approval 4.1 of Resolution 05-40 approving Tentative Tract Map16581, which is incorporated into this approval, requires that the applicant fund its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure Program. The applicant shall fund and provide security for its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure Program as required by Condition of approval 4.1 of Resolution 05-40, including its Fair Share Contribution of the cost estimates of the Tustin Legacy Backbone Infrastructure as adjusted by the Tustin City Council on April 3, 2006 and September 2, 2008, and subject to future increases in the Backbone Infrastructure Program costs and applicant's Fair Share Contribution thereto. RESOLUTION NO. 4137 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENT TO RESOLUTION NO. 05-40, WHICH APPROVED TENTATIVE TRACT MAP 16581, TO REFLECT A CHANGE IN TENURE FROM OWNERSHIP TO RENTAL FOR THE PROPOSED 240-UNIT AGE- RESTRICTED SENIOR HOUSING COMPLEX ON LOT 265 OF TRACT 16581 (COVENTRY COURT IN COLUMBUS SQUARE AT TUSTIN LEGACY) The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Design Review 09-024 and Conditional Use Permit 09-024, Amendment to Resolution No. 05-40, which approved Tract Map 16581, and Amendment to Resolution No. 3951, which approved Concept Plan 03-003, was submitted by Lennar Corporation for the development of a 240-unit senior apartment housing project for rental tenure on a nine (9) acre site within Columbus Square within Planning Area 4 and Planning Area 5 of the MCAS Tustin Specific Plan (Lot 265 of Tract 16581); B. That the site is located in the MCAS Tustin Specific Plan land use designation of the General Plan, which provides for residential development, and on Reuse Disposition Parcels 23 and 24 in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, which is designated for low and medium density residential uses; C. That a public hearing on the matter was duly called, noticed, and held for said application on December 8, 2009, by the Planning Commission; D. That the site is located within Tract 16581 previously approved by City Council Resolution Nos. 05-40 and 06-17 for subdivision of 105.5 acres within Planning Areas 4 and 5 of the MCAS Tustin Specific Plan for the purpose of developing 1,075 residential units including 240 senior housing units for ownership tenure; E. That the applicant submitted a request to allow a change in tenure from ownership to rental for the proposed 240-unit age restricted senior housing complex; F. That the request is consistent with the previously-approved project and the text changes are for consistency purposes and do not constitute a significant change from the intent of the original approvals; Resolution Na. 4137 Amendment to TTM 16581 Page 2 G. That the proposed project necessitates text amendments to Resolution No. 05-40 which approved Tentative Tract Map 16581; H. That pursuant to the previously-approved Tract Map 16581, density bonus, and transfer of affordable housing units for Columbus Square, the Columbus Square Housing Agreement, and the Affordable Housing Plan for Villages of Columbus, the senior housing project includes 153 affordable housing units (36 Very Low, 61 Low, and 56 Moderate Income units). The proposed project includes the prescribed number of affordable units identical in size, location, bedroom counts, and income levels as to the previously approved plans with the exception of the type of tenure; That this project is determined to be exempt from additional CEQA review pursuant to California Government Code Section 65457 which provides that once the EIR has been certified and , the specific plan adopted, any residential development project that is undertaken to implement and is consistent with the specific plan is exempt from additional CEQA review; On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin (FEIS/EIR), which evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, in conjunction with the adoption of a Specific Plan. On February 3, 2003, the Tustin City Council adopted Ordinance No. 1257, which adopted the MCAS Tustin Specific Plan. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR for the Disposal and Reuse of MCAS Tustin. The FEIS/EIR and its Addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. The development of Coventry Court at Columbus Square is a residential development project that is being undertaken to implement and is consistent with the MCAS Tustin Specific Plan, as amended. No substantial changes in the project or circumstances under which it is being undertaken have occurred and no new information which was not known at the time the EIR was certified (or amended) has become available. Therefore, the proposed project is exempt from additional environmental review under CEQA. II. The Planning Commission hereby recommends that the City Council approve amendment to Resolution No. 05-40, which approved Tentative Tract Map 16581, to reflect a change in tenure from ownership to rental for the proposed 240-unit age-restricted senior housing complex on Lot 265 of Tract 16581, subject to the conditions contained in Exhibit A attached hereto. Resolution No. 4137 Amendment to TTM 16581 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 8 day of December, 2009. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the Planning Commission Secretary o Tustin, California; that Resolution N meeting of the Tustin Planning Co 2009. undersigned, hereby certify that I am the f the Planning Commission of the City of o. 4137 duly passed and adopted at a regular mmission, held on the 8th day of December, ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4137 AMENDMENT TO TENTATIVE TRACT MAP 16581 CONDITIONS OF APPROVAL GENERAL (1) 1.1 All applicable conditions of City Council Resolution Nos. 05-40 approving TTM 16581, a density bonus, and affordable housing transfer and 06-17 approving FTM 16581 for the Columbus Square community shall remain applicable, as herein modified. (1) 1.2 Approval of Resolution No. 4137 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the properly owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (***) 1.3 The senior apartment development shall be restricted to seniors of 55 years or older for the life of the project. An age-restrictive covenant running with the land shall be reviewed and approved by the Community Development Director and shall be recorded by the applicant prior to issuance of a building permit. (*'~*) 1.4 Prior to issuance of a building permit, the applicant shall submit an Addendum to Homebuyer Notification for Columbus Square and a letter that will be sent to all existing homeowners explaining the change in Coventry Court. Proof of mailing of the Addendum to Homebuyer Notification and the letter to existing homeowners shall be submitted to the Community Development prior to final inspection and occupancy. (1) 1.6 The applicant shall submit an amendment to Final Tract Map 16581 or a Certificate of Correction to reflect aged restricted to seniors of 55 years or older, for review and approval. The amended Final Tract Map or Certificate of Correction shall be recorded prior to issuance of a building permit. 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 (1) 1.7 Resolution No. 4137 shall become null and void in the event that Exhibit A Resolution No. 4137 TTM 16581 Page 2 Resolution No. 4134 approving Conditional Use Permit 09-024 and Design Review 09-024 and Resolution No. 4136 approving amendment to Resolution No. 3951 which approved Concept Plan 03-003 are not approved by the City Council. (***) 1.8 Condition of approval 4.1 of Resolution 05-40 approving Tentative Tract Map16581,which is incorporated into this approval, requires that the applicant fund its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure Program. The applicant shall fund and provide security for its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure Program as required by Condition of approval 4.1 of Resolution 05-40, including its Fair Share Contribution of the cost estimates of the Tustin Legacy Backbone Infrastructure as adjusted by the Tustin City Council on April 3, 2006, and September 2, 2008, and subject to future increases in the Backbone Infrastructure Program costs and applicant's Fair Share Contribution thereto. AFFORDABLE HOUSING (***) 2.1 The developer shall comply with the obligations contained in Resolution No. 05-40 regarding affordable housing units. The senior housing project shall contain a minimum of 153 affordable units including 36 Very Low, 61 Low, and 56 Moderate Income units and at locations depicted on the previously approved Affordable Housing Plan. (***) 2.2 The First Amendment to the Housing Agreement shall include a Regulatory Agreement as an exhibit to reflect rental tenure which will be required to be executed by Tustin Coventry Seniors, LLC. (the proposed owner of the project). The First Amendment to the Housing Agreement shall be subject to approval of the Redevelopment Agency, City Attorney, and City's Special Real Estate Counsel as to form and content and shall be executed and recorded prior to issuance of any building permits. Should the First Amendment to the Housing Agreement and Affordable Housing Plan not be approved by the City Council, the subject approval shall become null and void. ("`*"`) 2.3 Prior to issuance of any building permits, an Assignment and Assumption Agreement of Tustin Coventry, LLC.'s duties of performance under the Housing Agreement, as amended, shall be executed between Tustin Villas Partners, LLC. and Tustin Coventry Seniors, LLC. on Lot 265 of Tract 16581 in a form and content approved by the Redevelopment Agency, Community Exhibit A Resolution No. 4137 TTM 16581 Page 3 Development Department, City Attorney, and City's Special Real Estate Counsel and the Community Development Department (***) 2.4 The "Affordable Housing Plan and Density Bonus Application" document approved for the Columbus Square shall be amended to reflect the rental tenure and a clean copy of the document shall be provided to the City and Redevelopment Agency for final review and approval, prior to issuance of a building permit. (*'~*) 2.5 The 240-unit project shall not feature a mix of housing tenure (i.e. ownership and rental) during the term of affordability outlined in the First Amendment to the Housing Agreement and any executed Regulatory Agreement. (***) 2.6 The affordable units in the project shaft be available during the qualified project period outlined in the First Amendment to the Housing Agreement which shall be not less than 55 years. ('~**) 2.7 The affordable units shall comply with the City's adopted Local Workforce Housing Preference Policy by granting current Tustin residents or individuals employed within the city of Tustin preference over an applicant who does not currently reside or is not employed in the City of Tustin. FEES (~*'~) 3.1 The applicant shall submit all fees required by the City and other agencies as identified in Resolution No. 4134 including all Attorney and Special Counsel fees associated with the review of the project.