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04 CUP 09-024/DR 09-024 etc.
Report to the Planning Commission DATE: JANUARY 26, 2010 ITEM #4 SUBJECT: CONTINUED ITEM CONDITIONAL USE PERMIT 09-024 DESIGN REVIEW 09-024 AMENDMENT TO TRACT MAP 16581 AMENDMENT TO CONCEPT PLAN 03-003 TUSTIN APPLICANT: LENNAR HOMES OF CALIFORNIA MANAGING MEMBER OF TUSTIN COVENTRY, LLC C/O DONNA KELLY 25 ENTERPRISE ALISO VIEJO, CA 92656 PROPERTY OWNER: TUSTIN COVENTRY, LLC C/O DONNA KELLY 25 ENTERPRISE ALISO VIEJO, CA 92656 DEVELOPER/ FUTURE PROPERTY OWNER: TUSTIN COVENTRY SENIORS, LLC PROJECT/PROPERTY MANAGER: 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 Planning Commission Report January 26, 2010 CUP 09-024, DR 09-024, et al. Page 2 REQUEST: TO DEVELOP 240 SENIOR APARTMENT HOMES (AGE - RESTRICTED FOR PERSONS 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 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: 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 The item is continued from the December 8, 2009, Planning Commission meeting. Due to the feedback received at the public hearing, the Planning Commission continued the item to the January 26, 2010 meeting to allow the applicant (Lennar) and the proposed housing provider (Meta Housing) an opportunity to meet with the Community Association to address some of their concerns. Project Proposal The project proposal is to develop a 240 -unit age -restricted senior community for rental tenure including 153 affordable units, recreation center, and associated site and infrastructure improvements, at a parking standard of 1.7 spaces per unit, located on Lot 265 of Tract 16581, also known as Coventry Court at Columbus Square. The project was originally approved in 2005 and 2006, but since the project was not completed, Planning Commission Report January 26, 2010 CUP 09-024, DR 09-024, et al. Page 3 entitlements and building permits expired. At this time the applicant is requesting approval for the same plans as previously approved, with a change from ownership tenure (as was previously approved) to rental tenure for the 240 units. 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. Public Input Prior to the Planning Commission Hearing Prior to the December 8, 2009, Planning Commission hearing, City staff was contacted by three (3) individuals who expressed questions and concerns regarding the proposed project. Mr. Paul Mobley, property owner and resident in Columbus Square, had questions and concerns regarding HOA facility access, parking, and the 55 -year age restriction. 2. Mr. Tab Johnson, property owner and resident in Columbus Square, had questions and concerns regarding the proposed parking ratio, the parking effect on an already -impacted situation in the community, and the guarantee that the property will remain for seniors. 3. Mr. Eric Higuchi, property owner and resident in Columbus Square, expressed his opinion that: Property values will be negatively affected if 25 percent of the units in the specific plan are for rental; Lennar is a homebuilder and not experienced or qualified to operate as a property manager for the project; The parking provided is insufficient, the senior community will have a greater demand than what will be provided, parking is already impacted in the community, and the 240 -unit project will add to the impact. Planning Commission Report January 26, 2010 CUP 09-024, DR 09-024, et al. Page 4 Responses to these concerns were addressed at the public hearing on December 8, 2009, and are discussed further in this staff report. For full project -specific details, please refer to the staff report dated December 8, 2009 (Attachment A). Planning Commission Hearing of December 8, 2009 On December 8, 2009, the Planning Commission conducted a public hearing on the subject items. The hearing was attended by many residents and property owners from the Columbus Square community including seven (7) speakers who expressed concern with the proposed project. Due to the feedback received at the hearing, the Planning Commission continued the item to the January 26, 2010, meeting to allow the applicant (Lennar) and the proposed housing provider (Meta Housing) an opportunity to meet with the Community Association to address their concerns. The major issues raised at the December 8th public hearing included: • Lack of prior notification of the proposed project from the applicant to the community residents and association • Rental tenure in an otherwise ownership community • Parking • Homeowners' Association (HOA) dues and representation and Community Facility District (CFD) fees At the December 8, 2009, Planning Commission meeting, Lennar also submitted a letter requesting amendments be made to Conditions 1.9 and 4.9 of proposed Resolution No. 4134, Condition 1.5 of proposed Resolution No. 4136, and Condition 1.8 of proposed Resolution No. 4137 (Attachment B). Public Input Following the Planning Commission Hearing Since the December 8th Planning Commission meeting, staff has been contacted by several individuals who own/reside in Columbus Square regarding the project (see Attachment C). In summary: • Mr. Carlos Cuyugan submitted a letter requesting a copy of "the Commission letter addressed to the HOA but delivered to Lennar instead." It is not clear exactly what Mr. Cuyugan is referring to, but staff believes he is requesting a copy of the Official Notice of Public Hearing, which was mailed to the Columbus Square Community Association at Lennar's address as explained in the "Notification of Project" section of this report. • Mr. Paul Mobley, Mr. Tab Johnson, and Mr. Lee Whiteley raised concerns regarding the resulting increase in association dues for non -Coventry homeowners and voting rights in the community association allotted to the apartment community. Mr. Mobley also expressed concern with what he perceived to be a decrease in association revenue and steady or rising association maintenance costs. Planning Commission Report January 26, 2010 CUP 09-024, DR 09-024, et al. Page 5 Mr. Eric Higuchi submitted an additional letter on behalf of the Camden Place Neighborhood Homeowners in opposition to the potential increase of HOA assessments. Ms. Stephanie Yang, owner and resident in Columbus Square, via email voiced objection to "Section 8 apartments in our community." Mr. Jeffrey Enes via email questioned if the proposed project could be considered a "taking"; if renters would be allowed to use community facilities and its impact on maintenance of these facilities; if the landlord would be responsible for CFD taxes associated with the project, impacts on noise, pedestrian, and vehicular traffic, age restriction; and, if non -age restricted ownership tenure could be considered as a land use alternative. • "Stop Coventry Rentals," a community group, submitted a letter in opposition to the proposed project changes, arguing that the approval of a CUP for rental apartments will be detrimental to the general welfare of the residents of Columbus Square in terms of additional fees and loss of control of the association board. • A "Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure" was submitted to the Community Development Department on January 19, 2010. The petition comes from homeowners in Columbus Square and has a total of 361 signatures. (Signatures have not been verified). • A letter from Lee and Wanda Whiteley states the opinion that the proposed project will only be beneficial to Lennar, META Housing, and the City of Tustin, not to the residents of Columbus Square due to the changes in HOA fees, voting rights, and quality of life and general welfare of the community. Meeting with Community Association At the December 8, 2009, meeting, the Planning Commission continued the item to allow sufficient time for the applicant to meet with the Community Association (HOA). Subsequently, representatives from Lennar and Meta Housing attended the December 16, 2009, meeting of the Columbus Square Community Association. Ms. Donna Kelly of Lennar provided a letter to the Community Development Department summarizing the events of that meeting (Attachment D). DISCUSSION In general, the issues raised regarding the subject project that are discussed in this report are: 1. Notification of the project 2. Parking 3. Community Association facilities, dues, and voting rights Planning Commission Report January 26, 2010 CUP 09-024, DR 09-024, et al. Page 6 4. Community Facilities District (CFD) fees 5. For sale vs. rental units 6. Occupancy by seniors 7. Developer qualifications 8. Request for amendments to proposed conditions of approval by the applicant It should be noted that some of the items (i.e. Community Facility District fees, community association fees, and voting rights) are discussed in this report for informational purposes only due to the number of inquiries received on the topics. The City is not the regulatory agency for such entities. Notification of Project Speakers at the December 8, 2009, public hearing raised the issue of the lack of advance communication regarding the subject project. Many residents were upset with the fact that the developer of the entire community (Lennar) had planned on converting the 240 -unit project from ownership to rental but had not informed or extended the conversation to include the existing homeowners in the community or the Homeowners Association. Staff Response: Pursuant to the California Government Code, prior to consideration of certain discretionary actions, a public hearing must be conducted with advance public notice mailed to all property owners within 300 feet of the proposed site's boundaries, as listed on the County Assessor tax roll, a minimum of ten (10) days prior to the hearing. In accordance with the state law, City staff prepared an Official Notice of Public Hearing which was mailed to all property owners within a 300 foot radius of the subject property, including the Columbus Square Community Association, ten (10) days prior to the scheduled public hearing. As the developer (Lennar) still holds seats on the Community Association board and Lennar's address is listed on the Assessor tax roll, so the Notice of Public Hearing addressed to the Columbus Square Community Association was mailed to the Lennar address, as required per state law. Additionally, the Official Notice was published in the Tustin News on November 26, 2009, posted on the public notice board located outside City Hall, and staff posted two (2) staked "Notice of Public Hearing" placards on the site more than ten (10) days before the December 8th hearing. In addition, the Planning Commission agendas are available on the City's website. At the Planning Commission hearing, the Lennar representative stated that the lack of notification to the community had been an oversight. Following the Planning Commission meeting, Lennar provided an additional address, c/o Merit Property Management, for communications with the association. Future notices from the City will be sent to both the address appearing on the Assessor tax roll (currently Lennar) and to the Merit Property Management addresses. For the January 26, 2010, public hearing, additional public notices were not mailed or published in the newspaper because it is a continued public hearing and the date of the continuation was announced at the December 8, 2009, meeting. City staff did post public notice placards on the subject site (two) and in front of the Village Conservatory (one). Additionally, Lennar indicated that Merit Property Management (property management Planning Commission Report January 26, 2010 CUP 09-024, DR 09-024, et al. Page 7 company for the association) would distribute and email to all owners within Columbus Square of the upcoming hearings for the Coventry Court project. Parking A topic discussed by several Columbus Square residents who contacted staff and spoke at the hearing were current and future parking impacts within the community. Mr. Eric Higuchi suggested to Lennar (see Attachment C) that the overall parking ratio for the project be further reduced from 1.7 to 1.58 spaces per unit to eliminate the use of 28 parking spaces located on Charleston Street (a private street) by the senior community. (In the previously approved parking study, 28 spaces on Charleston Street are identified as part of the total spaces provided by the project). Staff Response: When the Villages of Columbus were considered by the Planning Commission and the City Council in 2005, they were envisioned and approved as a complete community. The 240 -unit senior housing project approval in 2006 included a conditional use permit which authorized a parking ratio of 1.7 spaces per unit, based on a parking study prepared by a registered traffic engineer. The proposed project involves no change to the previously approved project and site design, including the amount and location of parking provided. The City's traffic engineer re -reviewed the previously approved parking demand analysis in conjunction with the subject application for 240 senior rental apartments and determined that there would be no difference in parking demand between a senior condominium (for sale) and senior apartment (for lease) project; thus, the 1.7 spaces/unit ratio can remain applicable to the Coventry Court project as proposed for rental tenure. However, in order to address concerns expressed by the community, staff has proposed additional conditions addressing parking to be added to the project. Proposed Conditions 8.2 and 8.3 of Planning Commission Resolution No. 4134 (see Attachment H) specify the minimum amount and type of parking spaces to be maintained through the life of the project and require the applicant to submit a Parking Management Plan for review and approval by the Community Development Department. In response to the suggested 1.58 parking ratio, a revised parking study would need to be completed to determine the feasibility of the proposed ratio and a change in the parking of the community could be considered a significant change in the project. A reduction in parking for this site would negate the argument that is being made (that the proposed parking is insufficient) and would bifurcate this community from the rest of the Columbus Square community. When the Villages of Columbus project was approved, the master developer was granted a series of incentives in return for the production of affordable housing. One of the concessions was the allowance of up to 100 percent of required guest parking to be fulfilled on -street (the MCAS Specific Plan allows for no more than 50 percent of the guest spaces required to be fulfilled on -street) in all Planning Areas within the Villages of Columbus. Based on the methodology in the submitted parking supply evaluation and the Planning Commission Report January 26, 2010 CUP 09-024, DR 09-024, et al. Page 8 Urban Land Institute Shared Parking Report which it references, guest parking should be provided at the rate of .15 spaces per dwelling unit. At 240 units, Coventry Court is required to provide 36 guest spaces. Twenty-eight (28) of the 36 spaces, or 78 percent, are proposed to be accommodated on -street. Therefore, the fulfillment of 28 guest spaces on -street for the Coventry Court project is permissible and consistent with the other communities in the Villages of Columbus. As originally planned, all residents within the Columbus Square community — including the future residents of the affordable senior housing project at Coventry Court — share the benefit of using these on -street spaces. Community Association Facilities, Dues, Voting Rights, and Community Facilities District Fees Concerns were expressed regarding the direct financial impact the 240 -unit community as rentals would have upon community -interest property, specifically: a) If renters will have access to use the community association facilities, would the renters be required to pay into homeowner association fees to maintain these facilities? Staff Response: Coventry Court will be part of the Master Association and their residents/tenants will be allowed to utilize the community facilities within Columbus Square that are outside of the Coventry Court development. Accordingly, Coventry Court will be subject to the Master Community Association assessment. However, many of these amenities including a club house/recreation center, pool, and spa are also provided within the Coventry Court complex. b) The impact on the Community Association's funds and fees paid by other members of the Association. Staff Response: According to the applicant, the Coventry Court sub -association would not be formed if the project becomes an apartment community, but the 240 - unit community would be annexed into the master Columbus Square Community Association at a proposed assessment rate of 2:1. Therefore, each unit at Coventry Court would pay 50 percent of the community association dues paid by non -Coventry Court units. Currently, the Columbus Square Master Community Association (HOA) is operating under the Department of Real Estate (DRE) budget which is to expire in September 2010 when the budget will then be based upon actual costs and could decrease or increase, depending upon the actual costs. The HOA assesses each unit at the same rate, including the affordable units. The monthly assessments are currently at $126.00 per month (this is with 705 homes units paying assessments). At build -out, the current budget will assess each unit $113.00 per month based upon a total of 1075 homes. With Coventry assessed at one-half assessment per unit, the total number of units subjected to the Community Association assessment would effectively be 955. This would have each unit within the Columbus Square Community Association assessed at Planning Commission Report January 26, 2010 CUP 09-024, DR 09-024, et al. Page 9 $127.20 per month and represents an increase of eleven to twelve (11-12) percent over the previously projected $113.00 per month. However, this estimate does not account for any increase or decrease in the updated budget in September 2010. Pursuant to California Civil Code Section 1366 under the purview of the Department of Real Estate (DRE), if an assessment increase does not exceed twenty (20) percent, no approval of owners or board of directors is required. While this information is being provided in an effort to respond to questions raised by the community about the project, it should be noted that the City itself does not play a role in establishing, adjusting, or enforcing HOA dues. c) Voting rights within the association (individuals expressed that there may be an imbalance of voting rights if 120 voting rights are given to one entity [Tustin Coventry Seniors, LLC]). Staff Response: Currently, each unit represents one (1) vote in the Community Association. With the change to rental tenure, the proposed representation (voting rights) rate of the rental community would be 2:1 in correlation with the 2:1 assessment rate. As proposed, Coventry Court would have 120 votes or 11 percent of the total voting rights within the Columbus Square Community Association. Coventry Court's representation within the Master Community Association at various ownership scenarios Representation Rate Total votes Total Units Percentage 1:1 (240 condominium owners) 1/owner 1,075 0.1% 240 total 1,075 22% 2:1 (1 owner, 240 rental units) 120 1,075 11% Again, this information is reported for informational purposes, and is based on the City's understanding of the CC&Rs applicable in the Community Association. The City generally does not establish, amend nor enforce CC&Rs. d) Will the project would result in an increase of the Community Facility District (Mello Roos) fees? Staff Response: Based upon the approved Community Facility District (CFD) assessment, the change in tenure type to rental does not affect the applicable assessment since the project would remain as a senior affordable housing development. Planning Commission Report January 26, 2010 CUP 09-024, DR 09-024, et al. Page 10 For Sale vs. Rental Units Some individuals stated that when they purchased their units, they were assured that all units within the community would be for sale only. One individual questioned if such change in tenure would be considered a "taking" from current homeowner community property rights and if the change in tenure type would have impacts upon the community's noise, pedestrian and vehicular traffic, and lighting. Some property owners in Columbus Square expressed their concerns about the characteristics of an apartment community and rental tenants and the qualifications of the proposed housing provider to manage such a property. A concern was raised that a Section 8 apartment complex would be built in lieu of a senior housing. Others have stated that they thought the project as rental units might be beneficial to the greater community in that it would move this and other projects forward to completion of construction. Staff Response: Lennar states that notification of the possibility that rental housing could be located in Coventry Court was given in the Master Disclosure and Master Declaration of Covenants, Conditions, Restrictions, and Reservation of Easements for Columbus Square, provided by the homebuilder and required to be signed and acknowledged by each purchaser as part of the escrow documents. The applicable excerpt from each of these documents are attached for reference (Attachment E). The adopted MCAS Tustin Specific plan allows for up to 25 percent rental units in the Tustin Specific Plan area. The proposed project is within that limit—the 240 units constitute less than 16 percent of the 1,540 total units in the Villages of Columbus and approximately 5.3 percent of the total projected residential units in the MCAS Specific Plan area. The applicant for the project is Lennar as the managing member of Tustin Coventry, LLC (property owner). The City in this case is the regulatory agency responsible for land use under the provision of the City's codes and regulations. The City's action in granting or denying use permits is limited to determining whether or not the project would 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. This action is within the legal authority granted by State Law to the City to carry out and implement its general plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinances. The project does not propose any changes to the previously approved plans (including site design, architecture, landscaping, lighting, parking, access, etc.). The submitted plans are consistent with the plans previously approved by the Planning Commission in Design Review and by staff in plan check. The project will remain as an affordable, senior, multi- family development, as previously approved. The project, regardless if it is for ownership or rental, would implement the City's Housing Element by providing affordable units and by Planning Commission Report January 26, 2010 CUP 09-024, DR 09-024, et al. Page 11 meeting the needs of the senior population. No additional noise, pedestrian and vehicular traffic, and lighting impacts are anticipated. The project, regardless of tenure type, is required to provide 153 affordable units. These units must be made available to qualified seniors (Very Low, Low, and Moderate Income Seniors). Should the conversion to rental housing be approved, the provision of the First Amendment to the Housing Agreement requires the developer to use its best efforts to fill vacancies of the affordable units. While the City does not require that all affordable units be rented to Section 8 Certificate or Voucher holders, a provision is included in the First Amendment to the Housing Agreement that no affordable units designated for rent to a Senior Citizen in a Very Low Income Household or Low 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. Additionally, all property owners within the Villages of Columbus were provided a "Homebuyer Notification" which identified that affordable units would be located throughout the communities; each buyer is required to sign the acknowledgement prior to the close of escrow. An example of the Columbus Square Homebuyer Notification is attached for reference (Attachment F). Appropriate findings have been proposed in Resolution Nos. 4134, 4136, and 4137 (Attachment H) outlining reasons why the change to rental tenure would 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. There could be advantages to the other property owners in Columbus Square and the Community Association to coordinate with a single property owner and a single property management company as opposed to 240 individual owners in terms of property maintenance, collaboration, etc. It should also be noted that most homeowners (except affordable units) in the remainder of Columbus Square are not precluded from renting out their unit on an individual basis. Senior Occupancy A concern was expressed as to the terms of senior occupancy of the project and whether the project will ever be converted to allow residents other than seniors. In addition, an individual questioned if non age -restricted ownership tenure could be considered as a land use alternative if the current project is no longer economically feasible for the developer. Staff Response: The Coventry Court project was approved as part of the overall Villages of Columbus project. At the time of the approval, the master developer requested and the City granted a density bonus in return for the production of affordable housing which included incentives such as density bonus, density averaging, concentration of affordable units in the senior product, parkland credit, and transfer of affordable units. The project was also approved with reduced parking due to the nature of the project as a senior affordable development. For these reasons, the project will need to remain as a senior Planning Commission Report January 26, 2010 CUP 09-024, DR 09-024, et al. Page 12 housing development for persons of fifty-five (55) years or older regardless of tenure type. However, the term of affordability is limited to a period of fifty-five (55) years; upon conclusion, affordable units would no longer be required. In addition, but excluding the affordability restriction, conversion of the project from an age - restricted to non age -restricted complex is prohibited per proposed Condition 1.11 of Resolution No. 4134 for the following reasons: 1) The project would need to comply with all the provisions and development standards for multiple family dwellings, including parking requirements, as prescribed in the MCAS Specific Plan. Due to the senior occupancy and affordable components, the applicant submitted justification (parking study) to support a reduction in parking requirements (from 2.25 spaces/unit to 1.7 spaces/unit). Should these components no longer be a part of the project, parking would need to be provided at the ratio of 2.25 spaces/unit. As the project is currently designed, no excess spaces are provided and no room exists on the site to add additional parking spaces to meet this requirement. Also, additional environmental reviews would need to be conducted to address any potential impacts related to the project. 2) As part of the interconnected elements of the master developer incentives, many of the affordable housing units were allowed to be concentrated in the senior product. If the product is no longer specifically for seniors, the location of so many of the affordable units in one development would be considered a concentration and alternative locations would need to be provided to avoid the over -concentration. As the remainder of the units in the Villages of Columbus have been sold and built out, finding an alternate location for most of these affordable units would likely be very difficult. 3) As mentioned, the developer was granted a parkland credit in lieu fees in exchange for providing affordable housing. Should the affordability no longer be part of the development, the developer would need to the pay applicable parkland credit to the City. Developer Qualification Mr. Higuchi expressed his concern regarding Lennar's experience in developing and running senior housing project. Staff Response: The applicant has indicated that a new entity, Tustin Coventry Seniors, LLC, will be the ultimate owner of Coventry Court. Tustin Coventry Seniors, LLC will acquire the property following the approval of the requested entitlements, and plans to contract with Meta Housing Corporation as the property manager and senior housing provider, and Tustin Coventry Seniors, LLC will remain as owner for the senior complex. The applicant also has submitted a copy of Meta Housing portfolio describing the Meta Housing Corporation team, experience, and a list of projects which includes family and Planning Commission Report January 26, 2010 CUP 09-024, DR 09-024, et al. Page 13 senior housing developments (Attachment G). Based upon the submitted portfolio, it appears that the Meta Housing Corporation has experience and knowledge of operating approximately seventeen (17) senior housing complexes. Request for Amendments to Proposed Conditions of Approval Lennar, as a member of Tustin Coventry, LLC requested amendments be made to Conditions 1.9 and 4.9 of proposed Resolution No. 4134, Condition 1.5 of proposed Resolution No. 4136, and Condition 1.8 of proposed Resolution No. 4137 (see Attachment B). Staff Response: Proposed Condition 1.9 of Resolution No. 4134 has been amended to reflect future owner(s) obligation under the Housing Agreement and its associated Regulatory Agreement for the project. However, Condition 4.9 of proposed Resolution No. 4134, Condition 1.5 of proposed Resolution No. 4136, and Condition 1.6 (formerly Condition 1.8) of proposed Resolution No. 4137 remain the same since the obligation to the Fair Share Contribution to the Tustin Legacy Backbone Infrastructure Program including the adjusted fees as approved by the City Council on April 3, 2006, and September 2, 2008, and along with future increases are applicable to all affected parties including future owner(s). At the December 8, 2009, Planning Commission meeting, Lennar indicated their agreement to the conditions imposed. CONCLUSION Staff's recommendation that the Planning Commission recommend approval of the subject project to the City Council remains unchanged. Additional conditions have been added to address some concerns expressed by members of the public and the Community Association was given the opportunity to meet directly with the project proponents. The findings to support approval are as outlined in Planning Commission Resolution Nos. 4134, 4136, 4137. Reina Kapadia Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Report to the Planning Commission, December 8, 2009 B. Letter from Lennar dated December 8, 2009 requesting amendments to conditions of approval C. Public Input - emails and letters received from residents D. Letter from Lennar "RE: Summary of Coventry Court Presentation to Columbus Square Community Association Meeting on December 16th" E. Master Disclosure statement and Master Declaration of CC&Rs (excerpts) F. Columbus Square Homebuyer Notification statement G. Meta Housing Corporation Portfolio H. Planning Commission Resolution Nos. 4134, 4136, and 4137 ATTACHMENT A Report to the Planning Commission, December 8, 2009 Report to the Planning Commission DATE: DECEMBER 8, 2009 ITEM #3 SUBJECT: CONDITIONAL USE PERMIT 09-024 DESIGN REVIEW 09-024 AMENDMENT TO TRACT MAP 16581 AMENDMENT TO CONCEPT PLAN 03-003 TUSTIN APPLICANT: LENNAR HOMES OF CALIFORNIA MANAGING MEMBER OF TUSTIN COVENTRY, LLC C/O DONNA KELLY 25 ENTERPRISE ALISO VIEJO, CA 92656 PROPERTY OWNER: TUSTIN COVENTRY, LLC C/O 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 16591 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 CIDP 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: 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. 3963 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 following 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. Figure 1. Constructed building at Coventry Court 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 05-037 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 Planning Commission Report December 8, 2005 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 03-0103 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. 0540. 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 03003: 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 flaking 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 Site 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 8, 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), LOT M COVWXY ar ' `� x wa COURT ! ; i 3 �Y a (PROJECT i Am =� O�RiRl va:g.cF �vu..a. Figure 2. Location Map Project Proposal, Site Design and Architecture The project proposal involves the development of 244 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 pian 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. Punning Commission Report December 8, 2009 CIDP 09-024, DR 09-024 Page 6 ..:�,...v, ».,� Ffl�FR A;'C •'�•.a-�e� avr r.,ersr=s c av>mr��d, wb 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 point 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). Right AM26; concantual Elcvations" Figure 4. Elevations Figure 3. Building Layout 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 point 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). Right AM26; concantual Elcvations" Figure 4. Elevations Planning Commission Report December 8, 2000 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 Speck 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, DR 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, DR 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 8 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 Speck 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. & 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 rental units to a maximum 25 percent of the total number of units permitted in the Tustin portion of the Specific Pian; 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. 05-40 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. PI lb,L) ' -, Reina Kapadia rr 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: LOT 266 OF TRACT 16581 COVENTRY COURT AT COLUMBUS SQUARE PROJECT NO.: CUP 09-024, DR 09-024 DEVELOPMENT OF 240 SENIOR APARTMENT HOMES 1A Attachment B Submitted Plans and Approved Parking Analysis r ( §\\ . \ \ ! � � I r H� w c� a E 4 O Jti Jp {j�� JC r�r==4u Y� i� K% art 2A 7 TAI pf J4 Pr —P-2—Ki kin LL F-7771 -73_t" 2A m �q �v m � r I N ry yC. � m I JL 9 8 WIO�NNOO ISAM LLJ It kill - _j 77 I -, 91 r----------- C,3 U ------------------------ --------- ---- rs 0 (D Z � ¢ 3 a o � w Y C7 j K I $yj� gg �00000�00000� DO a 2 q � Q � y / / q 3 � / { \ � / 2 q \ / S \ � d/\ m / y k Q � S U { a w: � a " w � o 1� y 4 t U f � C4 ggqqaq �.cill 3<RR 4 y 4 SHEET 1 OF. 1S -- (All OF TENTATIVE TRACT N0. 18581) NUMIMLOT TRACT NO 16581 NUMBERED: 383- i LETTERED: let ��.e, LOTS 1 THROUGH 15 OF TRACT No. 48bbi IN THE CITY OF AREA - 105.471 ACRES GROSS TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS AREA - 727 ACRES NET SHOWN ON THE MAP RECORDED IN BOOK 889, PAGES 41 THROUGH DATE OF SURVEY: FEB. 14, 200.5 44, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY IN THE CITY OF TUSTN, COUNTY OF ORANGE, STATE OF CALIFORNIA OWNERSHI� MICHAEL SWON, P.L.S. 6034 TAIT t ASSOCIATES, 0NG DATE OF SURVEY: CERTIFICATE: FEBRUARY 14, 2005 107S 261.191, t94-350 AND 352-301 "44SOrJuR GIY✓VoNhV,GF7FULRD^ S WE. 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LLC, A WA4HIN(.TON LONGED UABNITY COMPANY, Bh WEYERHAEUSER REALTY INVESTORS, INC., A WASHINGTON CORPORATION, T$ NME� PRINT NYE - PRINT HONE 67-7 UUPWATF 33 .^/.i•5�� Vii: OWNERSHIP CERTIFICAM(COggN((LTIINUEDI 2 AND LOT I) PARCELS ANDIODROT HFREONCURRENT"YAS 300T1ED1 BY TIfE UNREO SPATES OFI3W AND N PENDING TORY CIDSURE AND ARE SCHEDULED 70 BE CONVEYED ro lE1NILR MOfFEff 1EADOMS PMINERS, LLC AND THEN SUCCLSSORS AND ASSKTNS, AT WINCH {IME THESE PARCELS WIl BECOME PARI OF TINS PROPOSED-OEVELOPIIEM THE UNITED STATES OF AS CUSTODIAL OWNER OF THE IRP-13S(LOT 12 AND LOT 13) A!D IXtP-13M(LOT 14 AND !DT 15) PARCELS. FURTHER M.IOIONLEDOES THAT R OWNS THE PARCELS CEIf1Fm HEREON. PENDING COMPLETION OF ENVIRONMENTAL REMEDATDN WOW AT MICR TME SVD ONVETID PARCELS ARE TO BE CTO LE?" MOFTETT MEADOWS PABDIEIM LLLLQAND DTTHEIR SUCCESSORS AND ASSIGNS. E REV. ESTATE CONTRACTING OFFICER NOTARY ACKNOWLEDGMENT: STATE OF CALEM" 2 COUNTY OFJ� rJ LIN. Nr4 MlsrcT S REIT. A M 04 r4;- PERSONALLY APPEARED PERSONALLY I070WN TO WE (OR PROVED TO WE ON THE IONS OF SAISFACFORY EVIDENCE) TO RE THE PERSON(S) WHOSE NYIE(S) IS/ARE SUBSCABED TO THE WITHIN INSTRUMENT AHD ACKNOWLEDGED TO WE THAT HE/'JE/THEY DZWED THE SAME N HIS/HER/THEIR AUTHOR® CAPACffY(XS) MD g:T BY HIS/kER/TFFHR SNGIATIIRE(S) ON THE INSTRULIENT THE PERSON(S), OR THE ENTITY IN" BETWf OF WHICH THE PERSON($) ACTED, E%EOITED TIE 111STRWEM. WITNESS Lku , SKOATURE �� MY PRINCIPAL PUCE OF BUSINESS NOTARY PUBLIC APD SFATE S IN COITY E✓rLrn H E PRIWE w couussDN E) M .s (HIVE PPoIITED)pR0N1ED) CALFOWBA ss ON THIS BEFORE ME.PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BUSS OF SATSFALT TO BE THE PERSOWS) WHOSE HAWS) 6/ARE SUBSCRIBED TO THE SIPoIIMNT AM ACI(NiWWEpOFD TO HE THAT . HE/SHE%REY DWGUTED THE SAME N HER/fHEIR AUTHORIZED CAP THAT BY HIS/HER/THEIR SKVNATIIRE(S) ON NSTRUIMENT THE PERSON(S). OAR THE ENTTY UPON BEHALF OF WHICH THE PERSONS E)ECUIEO TE k/STRUMIXT. WITNESS W HMD: SIGNATURE MY =AL &DURESS NOTARY PUBLIC IN AND FOR SAID STATE IS IN MY COMMISSION EXPIRES (NAME PNNTEp) CALFORIiA 2 E ss ON TNS BEFORE LF --PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE ak"OF S1TISf PADENCE) TO BE THE PERSON(S) WHOSE NAWE(S), IS/ARE SUEISCRM TO THE WNH NENi AHD NROIOWIIDGm TO ME THAT HEJSFE/TEY DECKED THE SAME N /THEIR AUNTHHORI2FD C,WACRY(IES) AND TH1T BY H$/FffR/TEIR SDHATILRE(S) ON H� INSTRUMENT THE PERSON(S), OR THE L'1NitTY UPON BEHWF OF WHICH THE PERSON( EXECUTED THE NSTR[AUXT. WITNESS MY BAND: WONATURE MY PIWCFK BISRlE55 ROTARY PUBLIC IN AND FOR SAID SATE S IN COURRY W OOAIMSSIDN EXPIES (NAVE PRIMED) NOTARY ACKNOWLEDGMENT; STATE OF �• couxTY of ltgg_� ON THIS atl*.I L EfOE ME�LITO M P (W -P LY APPEARED OHF A4-W0K.0 iM� Y IO/OYIN TO ME (BR•TR6W® T0.LE 10 BE iFE PERSONS) wNosE HWE(S). II:/1RE SL95CPoBED ro THE WITIIN MTMWW AHD ACNNOWF.pDEp 10 ME TILT Hk%E/THEY EGEWTED THE SAME IN RI&A01/THEIR AUTHORISED CAPACINY(IES) Afro TEAT BY HNN0f4G1/TIIEB SIGNATURE(S) ON THE IISTR IME NT THE PERSON(S), OR THE EHi1TY UPON BEHIV.F CF wHCH THE PERSONS) ACI1ED. EKECIf1ED THE INSTRUMENT. w WITNESS MY� �K�hho�o�. sDHATURE PHHYE�{.�Ni:IpEEC " MY PRINCIPAL PLACE OF BUSINESS NOTARY PUB C R FOR SND STALE S N COUNTY MY �II.64 /a (NYE PPoHTED) SEE SHEET 2 FOR NOTARY A0010WI.EDGMENM COUNTY TREASURER -TAX COLLECTOR'S I CERITICKE, WNATUK OM6SWM SURVEYOR'S STATagW, COUNTY SURVEYOR'S CJ.i STAT'EIENT CITY ENGINEERS STATEMENT AND CITY GLWS CERTACATF �j SHEET.2 OF 18 (ALL OF BER OF LTE TRACT LA0. 16581) NUMBER OF LOTS: -TRACT NO. 6581 NUMBERED: 383 A LETTERED: 122 LOTS 1 THROUGH 15 OF TRACT N0. , IN THE AREA - 106.471 ACRES GROSS CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS AREA;; 727 ACRES NET SHOWN ON THE MAP RECORDED IN BOOK 889, PAGES 41 THROUGH 44, DATE OF SURVEY: 'FEB. t4, 2003 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA MICHAEL SAM. P.L.S. 6034 TAIT B ASSOCIATES, INC. DATE OF SURVEY: FEBRUARY 14, 2005 DOTS Z6S-25Z, 291- 650 AND "Z- 99/ ACGG5/Y6 /LYi G1aVLbN1A4'MAH1 R/R/L1SR; COUNTY TREASURER -TAX COLLECTOR'S CERTIFICATE: STATE OF COUNTY OF ORANGE I HEREBY. COMFY THAT ACCORDWO TO THE RECORDS OF MY OFHCE. THERE ARE NO DENS AOANST THE LAID COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, WIMRY, WINCPAL OR LOCAL TAXES OR SPEC". ASSESSMENTS TCOLLECTED AX ASTAAXXEES, EXCEPT TAXES OR SPECIAL' ASSFSSIIM COLLECTED AS YARL ANO DO COMFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUDWYMIOH MAP ACT HAVE BEEN COMPL® WITH REGARDING DEPOSITS TO SECURE PAYMENT OF WES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAW �//%R1�tIp'� , THIS MAP. NATEI TN/S v A -OF 6 2006. JOHN U.W. MOORLACH COUNTY TREASURER -TAX COLLECTOR R- CiOR NOTARY ACKNOWLEDGMENT STATE OF CMFORNN 2 COMTY OFQ� ss ON r w Q-PGRE yE,lnx. (J L4rn......wi'ir APPEARED PERSONALLY KNOWN TO ME (BR-ANB,E6-116-yE TO BE. THE PERSOWS) WHOSE HAE(si E/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACIODWLEm D. TO ME THAT THAI HIaprTNpW TIENT MEIN HlS/)WA/tWMR W R AUT CPACITr(IJIM AND EMiTI' UPON BEHAF OF wMOH THE PEff50M(>ij, at THE /� ,/PERsoN(s? ADTEo. ET¢cuTm THE wsrawENr. WITNESS SIO M W AL PLACE OF BUSINESS iARf FOR SAD STATESAID STATE IS IN' lraMY COMMISSION DPIREs T (NAME PRIMED) NOTARY ACKNOWLEDGMENT STATE OF CMUkNRMA 'COUNTY OF SS 111E yE, SNAsAtt E PERSONALLY APPEARED ON THE BASIS OF SATISFACTORY EVIDENCE) KNOWN TO ME (OR :PROVED TD ME LYDENCtj TO BE THE PERSON(S) "INOSE NAMES) CS/ARE SUBSCF48M TO THE WITHIN N?IRUYQR AW ACKHDWLEDOED TO ME THAT K-�-E7(ECCUTEDTHE SAW IN HE/HER/DW AUTHORIZED CAPACITY(IES) Y(IES) A TENT DY MS/FE7t/7IEJR SDFNTURE(S) ON THE 96ML M THE PERSON(S). OR THE ENTITY UPON BDLAF Oi WHICH THE PERSONS) ACTED. EXECUTED THE INSTRUMENT. WTTXESS MY HAHO SIOWTIIREdelhl,wN1'd MY P (�L OF BU9NESB NOTARY PUBLIC NAND FOR SAID STATE E N `1 (pUHTY isY!A3 �tP PRINTED) My py� NOTARY ACKNOWLEDGMENT• STATE OF COUNTY m;�455 1H ^L, BEFORE ME. VU •ACI.,ALS PERSONALLY ED •` PERSONALLY K40WFN TO WE (BR-PReWN, ?-yE TO Be THE PEF—A S/ARL'SUBSCMED TO THE WITHIN INSTRUMENT AND ACKNO To TWT EXECUTED THE SINE IN HIS/When pR AUTHORIZED CAPAC(TY(40 AND hNT er MS/INGq�ANBR SIOHATIA" ON THE IN6TRW¢M THE PERSON ,, CR THE ENDIY LPaI BETNAUF nF WHOM THE PU40N 19 ACTED, E)LECUTEO THE NSIRIA1ENf. WITNESS W D' 510fNN� MY PR ESS NOTARY,� an{( NAND FOL SAD STATE E IN MY COMMISSION &P ZmuNry .23 00 (NAME PRINTED) C'—* 146500 SIGNATURE OMI PURSUANT 10 TFE PROVISDf6 CF SECIfON 664JE (0 3 C) OF THE SUBDIVISION INP ACT, THE FOtOlwq SN(NL47URF5 WVE BEEN OWTRb: COHMIY OF ORANGE. HMM OF AN EASEMENT FOR PERPEIUA. ANGTION, RECODkU MARCH. "1T, 11164 IN BOOK 5066. PARE 721 OF Dan ,vtzol'Z[DSIXDSI17y//, HUNS SHAY 7a --,o;U591v Al 01.PA4'Yc�He Re21t1179. SURVEYOR'S STATEMENT DUPL E THIS MAP WAS PREPARED BY ME OR UNDER Mf DIRECTION AND E BASED UPON A FIELD SURVEY N CONFORMANCE WITH TIE REOARE11EM5 OF TFE SBASED UP AMP ACT AND LOCAL ORDYIANCE AT THE REQUEST OF MOFF'LTT MEADOWS PARTNERS, O.C., IN FEBRUARY 2005, I HEREBY STATE THAT ALL MONIN"M ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS{ NO THAT SAD MONUMENTS ARE %FFipENT M ENABLE THE SURVEY TO BE RETRO= I HEREBY STATE TINT THIS FLAIL WAP SUBSTANTIALLY CONFORMS TO THE COlDIDONALLY APPRQVtD iENUTNE MAP. >!!7l4( sQG�dL A,Ns LAND MIOOAFI SWDN, P.L.S. 6014 APS, RECETRITION EXPNES 06/10/07 IM•OgF IIA F•N • 7 COUNTY SURVEYOR'S STATEMENT:6F 1 HEREBY STATE THAT I HAVE EXM*ED THIS MAP AND FOUND THAT ALL MAPPING PROVISIONS OF THE SUBOM510F1 MAP ACT FIVE BEEN COMPUED WITH LAUD 1 AM SATISFIED Sy��O}}�}1NP IS TEyyC�I4f��ippG1//L��L��Y�� �'T ROATNE TO THE TRACT MAR BOUNDARY. DATE, THISL�MY OFEgc_, 20.. ,XCAZ.- DEPufy� RAYMOND L "THE, LS. 6165 R` COUMY TION (PI la 7w E -11M •I REGISTRATION UPWE.. o3/1TNoe * • CITY ENGINEERS STATEMENT I HEREBY STATE THAT I INV£ EXAMINED THIS IMP AHD FOUND IT TO BE SUBSTANTIALLY N HE: CONFORMANCE WITH TTENTATNE IMP. IF REQUIRED, AS FLED WITH, AMENDED AFD APPROVED By THE CRY COUNCIL. THAT ALL PROVISIONS OF THE WROMSDN MAP ACT AID CITY SLIM1510N REGULATIONS HAVE BEEN COMPLIED WIN ACH ND THE MAP E TECHNICALLY CORRECT N ALL RESPECTS NOT STATED TO BY THE COUNTY SURVEYOR, DATED THIS " DAY OFN:_e'. 2006. TNN SERL LOCA � � M CRY ENGINEER OF THE y CRY OF TUSTIN REMEDIATION EXPIRES 09/30/06 • y . CiTY CLERICS CERTIFICATE: STATE OF CN.FDIW COUNTY OF ORANGE SS I HEREBY CERTIFY TNAT TMS MAP WAS PRiSFJMm FOR APPROVAL TO THE CRY COUNT N)F THE CRAT Y OF A REGULAR MEETING THEREOF HELD ON THE DID. BV'AR86O.UTTOI 6UIYPASSED �ND THAT THEREUPON SAD COUNCIL APPROVE SAID W. AND DD ALSO ACCEPT ON BEHALF OF THE CV OF TUSTIN: ® A R61RVATgN FOR FYIAE NIOTOl.AI1 O[FICAgI TO TIE LTff a 1ViTi" N AI TffL6, AT NO COZY, NOTE Z, ZA AND Z!• ® AN EASEMENT FOR SIDEWALKS, LANDSCAPING AND MAINTENANCE PURPOSE& AN EASEMENT FON SIGH. EOUPMFNT AND 1NINTEHVICE PURPOSES. ® AN EASEMENT FOR PUBLIC USE AM PUBLIC ACCESS pURp05F5, OVER LOTS 264. 201, 331, LOTS AAI AND AA, LOTS 4 F P, W, 6, T, U HUD X. AN ACCESS EUSEMW FOR EMERGENCY VEMCLE ACCESS, PUBLIC SERVICE LfMORAR INGRESS AND EGRESS. AHD PUBLIC urmm OVER LOTS 'A' HRR Y, LOTS AA THRU AA, LM#AT6W NC LOTS CA THRU CF, LOTS LOTS EA on EC, TATS FA THRU LO75 FD, LOjS GA hIRU OHL LOTS HN THRU ID ANO LAT$ N iNRII l BMNCLLISNE; A6 SHOWN HEREON. AN ACCESS EASOMIT FOR PUBLIC SERACE VEHIC RAR NCBESS AND EGRESSPEDESTRIAN , AS SHOWN FERE ANO DURING uTILIT1E$ OVER LOTS :%ESS W, INCLUSIVE, VEHICULAR ACCEA ROM TO EDINBER AVENUM PUBLIC PORTIO" OF SEVERYNS ROAD, VALENCA HMT, LOOP RAD AND WEST 4ONNEC1Ol, A6 REL.GSED AND WELINWASHIM ® FORTWHS orSra YN6 READ, VALENCIA NORTH Lha ROAD AND WEST CONNECTOR. AND DD ASO APPROVE SUBJECT NAP PUF WM TO THE PROVISIONS OF SECTION 65430(OX3)W OF THE SUBDIVISION MAP ACT. ,1�, WED THIS MAY OF Lbi DAY OF 2006. vA6SA STOKER CITY CUORX CITY OF TVSnH It a-71 AllPf ipArc 2., SHEET 3 OF 18 " (ALL B ,EHTA83 TRACT NO. 18881) TRACT N4J6581 NUMBER OF LOTS: NUMBERED: 383LETTERED: 102 LOTS 1 THROUGH 15 OF TRACT NO.IN THE A� �02. 7 ACRES NET CROSS SHOWN ON TCITYTHHEnMAPRECORNTY DED IN BOOKS, SBT6ATP OF 41 ORO GAS H 444, DATE OF SURVEY: FEB. 14, 2005 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA MICHAEL SMON, RLS. 6034 TAIT h ASSOCIATES, W - DATE OF SURVEY: FEBRUARY 14, 2008 LOTS Z"-292, 131-330 AND 332-32! /Aa4,9WZ.'VR CayDaWVrw RY/p"A5S CERTIFICATE OF ACCEPTANCE IRVINE RAN :H WATER DISTRICT 4rnr RONXO*lSxL SECREA r OF THE BOARS OF DWECfORS OF WINE RANCH WATER DbIWffyCT DO HUMBY CVU*Y THAT THE JaERMM w REAL PROPERTY CONVEYED DEDKATIOM ON THS ON BD14LF SOF THE Ba" OF DNECT OF RVINE RANCt1 TItE WATER OISIRICT PURsuwt TOAuttawtt CONFERRED BY RESOLUTION NO. 1078-111 OF THE BOWO OF DIRECT/O,RS_. ADOPTED ON MOVEM13ER S. 1976: BY:.�ogC �Il,kAcr: lFS1E BONKOYISNI SECRLTARV OF IR.'l/lE RANCH WATER DISTRICT AND TIRE BOARO OF DWECTOR$ 111EREOi' NOTARY ACKNOWLEDGMENT: STATE OF CAUFORNIA GUONIY OF,iSS ON W -641W .� L_ 3 MESUORE O tSOIM IY NOAW TOM (OR PROVEDV D TO WED ON THE BASS D< SA1i4FACiORY EiADpICL) TO BE THE PE 1SON(K WHOSE :/ra&MRRIEO TO THE WRHAI FGTRIfYEM AND ACJOIOWLEDO® TO TIE�IHATT E%ECUIID THE SAME N ON TH R/t1�R ANHO,PjED CN,Ag1Y(T(p AND THAT Bf BOWFtfOF SONATIIHE( R THE NSTRIAAFHi THE OR THE ENRIY UPON BEH4F OF WHICH THE PETISON(Bj ACIm, E)RTyJiEp I/E WSTRU11ENf. Sp4CVAM jx�6"'t-!-SA. W� SlOwNOINYY PRRI OF BI/5NIE55 STATE t3 BI_� WY CDWMMSION EXPIRES �Q (NAME PIM TED) Q C K ra 9 12i� 3 voildne UO 8 Q 8 W R+ 8 b bit 3 ' Y 04 9 Now -- .y J s 4�11 8 Q 8 W R+ 8 b bit 3 ' Y 04 9 Now -- .y J s 1.1 /r g W Q bre' Q mo :W ZZ LL. l•� QW I—a: LLQ U aW H z 9 I I li III I� II I I IL � I 31VIII nn i i a A Z �3A�Y of 13HHS JAS ULS NOIDNN �3 oil, g � e •r N <s`„ '�:Bi �FtS2R 1 I � V _ I(/� II 1 I hc g za0107 8 aI i o b" a Ac I Ac`t YM Arne ' qe n � ass ^,�,� \• � � � �a � w � I oil y µE W �.p,'�g.7 Lew_ Is �` �I:lliksir^'300101 m 3j x 4.0 Opp �M1_.c`�. ,(li/G�_ ( 10 3 AM I I. m R MOlOtdIN3tlN1 0099 LW < mw mw NJ a b /F- O~ w Z ro 01 h �r4 I No F 41 Vj b 0• � 11411411 _ Rp8 e�' �ld�lld(10 LLS c- � � 8 133HS 33S Y _T 8 i I 1 4 y f! �� � r pip ,� $ all ��� Ka•,� ^� "i � � ��-- R 10'W �I.R1M i:Tl��•t ZYi�+�'W '. �yOT �� a' I 3W W1 ao E I I I `9 R 3asNOl'JNIHSVM 4 At 9YecoN yp�g II y w 1 z fI F 3E< AM 9° g I R. �' I A � W tl W �_ r ry 4 .ovz. 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O moo tit W _ g W ME golf101t II \ 4� N AVM 30HNM t N \ 8 I d 3 I __ ler.K'uYM ►Mi'1 t � �� N 11 r i � � tnm .u,n �xxacelrt 13MUS NOIONIAOO 107 it assn i.r'.ca" W = R I long �, •$ W � i r17 � arnn t t 'l c < � � � � ae11o1 � _ �F'_ 1 _�i+e�r3e'ra►�` r- — AVM i WN•IO�NII�— — —�-i — — I 1 �y,•, ��3c �� 9133HSto 33S Of 31VOndAO L19 /A i X{A1 k{1 ri t71..iZa 1111JAn Inn i . n Lw VI IUIN (i 4t/ OL —3HS 33S �s O� 009 (D 3 (0 r4o\ � 1 4 0 W ^ Z� <"- I i X{A1 k{1 ri t71..iZa 1111JAn Inn i . n Lw VI IUIN (i 4t/ OL —3HS 33S ..cow AM 107 A © ti YYY 107 I �I rt �I J -W n u l ai W CO 1YV DAM y� SHEET 10 OF 16 OMNERSHIP NOTE. DEDICATION AND EASEMENT MUTES BALL B I1£ TENTA,,R,GT"°•'°�,' NUMBER OF LOTS TRACT NO. 16581 ` NUMBERED: 30.5 EETIEREO: tax IN THE CITY OF \,1 _¢_/ TUSTIN• COUNTY OF ORANGE, STATE OF CALIFORNIA AV AREA : 103.471 ACRES GROSS AREA x'72.7 ACRES NET MICHAEL SIMOK PIS. 6034 TNT k ASSOCIATES, INC. DATE OF SURVfl` FEB. 14, 2003 DATE OF SURVEY: FEBRUARY 14, 2003 127 I 120 1726 I 1 LOTS 266.29$ 204-33D AND =-391 tNCWM FOR CWDOW" KIWO k5 r�1��r.Fi�>•aTzry �=t1•sr'�iiFzcs�[rry o po tao t6o zoo SEE SHEET 4 FOR MONUMENT NOTES, SCALE t'. W RECORD DATA REFERENCES, SURVEYOR'S NOT BASIS OF BEAMNS, DATUM STATEMENT 6: OMNERSHIP NOTE. DEDICATION AND EASEMENT MUTES 122 $y SEE SHEET g \ / / \ B 123 I'vUl _¢_/ 7i3 AV SEE SHEET 16 �jb•Q. / Q T1 700 ?/ SEE 98 ET SHE T 18 � — — �l 1 � 1 i I I 9B 97 I 98 _ or ate_ x»tiv. tpatr a R LOT S - 129 124 liar cno am �I cm aEFFE'�'-k� WAY _ • I 128 I [=��iz;'trs[rrs�rsFa 127 I 120 1726 I 1 LOT E A i r�1��r.Fi�>•aTzry �=t1•sr'�iiFzcs�[rry — art+Yrw ,�• R — w7r27r•r e 182 1 183 184 185 186 ftw EDFi fit'... LTi f I�f 9,i i[T''Si LOT CC _¢ A97ORIA WAY -K Nape' - ' �✓� Mta7114r► Np! W 201 200 198 198 197 2 dJ eaw 4&W eem —rrrn yaw' i WR Hao —N"7rw mw LEXINGTON STREET o 204 205 .206 207 208 -1Atp1Y7Y 4uw A .n1Yr'I 43&W- 2'23 22'1 221 220 219 A —wtrnsrw ttm.•e A Sly LOT G I ( I II 327 — SEE SHEET 16 �jb•Q. / Q T1 700 ?/ SEE 98 ET SHE T 18 � — — �l 1 � 1 i I I 9B 97 I 98 _ or ate_ x»tiv. tpatr a R LOT S - LOT U R 1K$•.-�.- M.tT - R i 316 I I ( 284 SEE SHEET 17 IN �F1�+1��T'•1� • [=��iz;'trs[rrs�rsFa r�1��r.Fi�>•aTzry �=t1•sr'�iiFzcs�[rry EDFi fit'... LTi f I�f 9,i i[T''Si LOT U R 1K$•.-�.- M.tT - R i 316 I I ( 284 SEE SHEET 17 IN w Ph 31VO11dna IG" 1 077 DUPUGAI� y� SHEET 12, OF 18 BALL OF TRACT NO. 1636,> TRACT NO. 16581 j NUMBER OF L0T5:' NUMBERED', 36,1 LETTERED: 192 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA AREA 727 Al ACRES ORO$$ MICHAEL SUM PLS. 8034 TNT h ASSOCIATES. @f C. AREA E 727 ACRES NET DATE OF SURVEY: FEBRUARY 14, 2008 DATE OF SURVEY: FEB 14, 2003. LOTS 263-292, 294-.330 AND 332-361 INCLUSIVE FCe CONDOMINIUM PURPOSES o ioo xro aoo goo l SCAM 11-W 14, uz r . tam mu mm yL w amm ^am rel nT— - - - - - - A -T. a S.F. RAILROAD RAV/ T, EpINGERAVENUE � — 4 265 40 I �'--.M,a4Yz7w .GUJ6 eoox7t2� �ml,'oa.p— �. � � •�— �— . MMMIII � �Y I � aA>• �I ' LCr I I N 4lY 2W 84' I B'L00K 4Q 3Wt- 1j 1�T61' sf K b4r3nt _y 116IDQp1}SIL-- I o-,rsaar, a.t m N4rN'4" Ydtof I, RCi2 S t '� I�^,I.°>•.�.^.I r°-��oI '.I.r.:,_ Iml ml"I s41 M! I J4M �,sqe.-j I '_. _ _ _— cr... m omrwtmVW !�-a and Yrrl 1701 NMI —1 *=Iw CONNOMM "9 omaw Hoses LOT 1A7--- Nn�s� ucr MOCr114m mlalb no . I_ I ar 1a to ras 1rt _ �L[LAAAII,1 1. "m ft R nest'— LOT! +er '"VA7W PAW am �-- — — - - N.iS1A.Ot ,,.r I ma J I We wus*n, r. _I 1 I — aQ L4 pppp'�qq��,yW, .i p issl.a y.1Q7.44' FOR, �py�,M49R0' Y i Nsi�'46'1r. � y� �M1M1 _ tnlsatsi„za, tl.fI.�M.IMOG(00.9pAp,� Mleao'�Myw��lM�1LP €/gyp^—p—�J••^�' _ _ VP+4.ORAI� I�WI711"7 Rrui!i 91. . 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Sl 133NS 33S H �I � b 133HS H3S II I I �I§}I M O I gffiI J U I I - _ .� I I N , W o I LU I m . I r b O IMMHS am Oc: t r�r w � • ' t.ir fE fv � �i�i .�'.7,• QBBBBBBBBBBBBBBBBB88BBB BI2 BB �.3ZINC, 01C.REEE� 1-/� �'Ivandoo LLS Aa jamme �e 1 , M RvTdna 116,11, I i I S.J-=JgHe �e I� ,N Ip L M RvTdna 116,11, I i I S.J-=JgHe �e C` 9C Li 8 1 I i ' I I. 05 -;,Iyondna U,, MM !lug 9�3 - g s 05 -;,Iyondna U,, MM PARKING SUPPLY EVALUATION FOR COLUMBUS SQUARE SENIOR VILLAGE Tustin, California REVISED NOVEMBER 2005 PREPARED FOR LENNAR HOMES - ORANGE COAST LAND PREPARED BY C Corporation UA&SOC'/ \EV PARKING SUPPLY EVALUATION FOR COLUMBUS SQUARE SENIOR VILLAGE Tustin, Callfomla Revised November 2005 Prepared for. LENNAR HOMES — ORANGE COAST LAND Prepared by: KAKU ASSOCIATES, INC. 201 Santa Monica Boulevard, Suite 500 Santa Monica, California 90401 (310) 458-9916 Ref: 1968 r� 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 .................... III. 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 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 Southem Califomia Coastal Zone Residential Parking Survey .................................. 13 5 Parking Occupancy Count Results — Residential Developments in San Diego, Califomia....................................... 15 1. INTRODUCTION Lennar Homes — Orange Coast Land proposes to construct a residential proect in Tustin 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. ( ' 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 Z CL W W F- (9U LL W O of CL c The report is divided into discussions of parking code requirements and parking demand studies. il. 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 c O e' E O O > pp M o C. = Q. _ cog �tl1Ou)tAMptAO0oppONM p M t!7 O l0 to p to M a0 O O N M N N N N M h 1- 1'- O O CO O O O O r- N N N N to M M CC U)'' V- M M M N N N (V N M u7MMMtA r- cr) M M N N N N N M ►� c m M N N V7 M j N N N N N N M Cl) (tj 0 0 0 C) 0 0 0 0 0 Cl V N M N C 0 0 0 0 O O w j Z Z Z to a to N c N N O co a ca m N N N N N N N N N N N CV (V 04 N N M Cl) O 'oMC C �U')to co ,' N N N N N N N N N N N Co _ to N N N M N' N N 0. N I m 2 = O O v Z E -.-d foruitntntoN�tito� "0 .Cm• r r r r r r T- r, �- � N N N N O c E r- g c r :. o - g 0 � � 0 0 r to r r r to IN to N `- r In N N N N Q p e- (aa E 0 CL ° 0 V w �. fl O g j Y y` x c�a v 7e M co a s o C. a rn o c �s�mrm y �v ,. c a) 79c a�4 b).EQ O .Z ac) M 0 cco M m ' M K c�J_ir>v)J�cnaco()(no cr! A C f-rd`tnrc° t 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 85h percentile data point as the appropriate planning level for new projects. In the case of the market rate housing, the 85th percentile 3 Parking Generation, Third Edition, Institute of Transportation Engineers, Ransford McCourt Editor, Washington D.C., 2004 6 TABLE 2 PARKING RATES FOR SENIOR HOUSING City Hypothetical 1004n—it Market Development I Hypothetica1100-unit Senior Development Percent Reduction for Senior Development Total Spaces per Total Spaces per Spaces Unit Spaces 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 Hollywood 195 1.95 60 0.60 38% vr—•••-��+• ....�.n..�.,,,vna vaoov vie 1v StuUW5, 40 i-tw units, 4U Z-t3K units, and 10 3 -BR units Source: Southern California Association for Non -Profit Housing, 2004 See Appendix for full report TABLE 3 DATA FOR RESIDENTIAL PARKING DEMAND INSTITUTE OF TRANSPORTATION ENGINEERS PARKING GENERATION MANUAL Land Use Category Number of Sites Surveyed Peak Parking Demand Measured in Field Low High Average 85th Percentile Market Rate Condominium 8 1.04 1.96 1.46 1.68 Senior Housing 2 0.34 0.5 Source: Parking Generation, Thins Edition, Institute of Transportation Engineers, 2004 t 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 presented for two senior housing developments in Huntington Beach, California 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 Parking° 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 specific 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). ' 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 Developers. 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. City Market Rate Reouirement 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 Proiect Reguirem nt 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 specific 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 forAifordable Housing Developers, Southe Non -Profit Housing, 2004 rn California Association of 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 a N N 8 O 0 O O p np / seoudg BuPPI d ii z N C N y C O _cri a O. CL C ea a m i" CA N m L L� i I" T a� r 0 w 5 W CL 8Qrz2csi,Nu°i.c�%gq— g m tt�� g' '0 V"V' tiONi�A-NN L m cli CV CV .- y � N ��pp c.�toppp f` �SrtC-A-AAC�C04, r N L H U w wo o m .� Edc,uEi c o► c C LO In T V (D y to .o N U o LO C� �p �D S N T uwoowwwoow <M00WLL 0=—�Y The study results show that the condo developments studied had parkin demand rates well I 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 & 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 r expected to have a lower parking demand than the studies cited because of the expected lower l 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 Q 0 O J J V �O LU LU0 W H Z Z O co �n U Z mZ N r•- �aW va o° J a� z W G N W w O W ( _ `p tANGO �taON v- LO r et M N c �— W O Z CO W L11 a co e- I` , .-- CO ti��iv� N °pv <0- jL COO (V co z LL Co YOWm Lo coNmw(D cD QOQ `~�Mcoto(CD co a.z� `'`' LLco OH � 0C:) ciZ cDLOtoMMM M Z �- w a. W65 v �n C) a=i cv w o m N Z N f' 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 t Village project. In over 32 parking occupancy studies, the peak parking demand never reached t or exceeded the 1.7 sp/du proposed for the project. 16 IV. CONCLUSIONS Qpgrt�ttrr�' o� The proposed Columbus Square Senior Village project will construct 240 senior 64% of which will be reserved as low-income units. The project propo�rking 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 APPENDIX Parking Requirements Guide For Affordable Housing Developers Southern California Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005 Los Angeles, CA 90010 www.scanph.org OZ17.04 Table of Contents Parking Requirements Fact Sheet page 3 List of Relevant Resources 4 Best Practices Policies 6 Example Best Practices Policy - Los Angeles 7 Sample Southern Cal fornla Minimum Parking Requirements a Related Newspaper Articles "Rethinking Residential Parking: Myth & Facts" Appendix A Report by the Non -Profit Housing Association of Northern California Southern Calltomia Assoclatlan of Non-Protlt Housing 3345 Wilshire Blvd. Suite 1005, los Angeles, CA 90010 PH: 213-480.1249 www.scanph.ora -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 • Increases Dfwloom*nt 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. t` • Loss AttroetWe Designs - 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 neighborhood'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 Southern California Association of Mon -Profit Housing 3345 WllsNre Blvd. Suite 1005, Los Angeles, CA 90010 PH: 213-480-1249 www scanph orq -3- income. Low-income families, seniors, and special needs populations are less likely to require the use of more than one parting space, if that at all. The need for parking also decreases for residents in dense areas near transit. Southn►n CaiHomia Association of Non -Profit Rovsing 3345 Wilshire Blvd, Suite 1005, Los Angeles, CA 90010 PH: 213-480-1249 www.sconoh 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/Markin Developer o2pManualAn dex, tm Donald Shoup Professor, Urban Planning. UCLA. Has written numerous reports regarding parking requirements. Argues for 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.vtipi.org/jpark-hou.Pdf Pavement Busters Guide: Why and How to Reduce the Amount of Land Paved for Roads and Parking FaciRfles Todd Litman, Victoria Transport Policy Institute. Victoria, B.C., Canada, 2000. www.vtPi.or-q/pav-bust.Pdf Smart Growth Zoning Codes: A Resource Guide Local Government Commission. Sacramento, 2003. To order a copy, visit www. cora Travel Characteristics of transit -Oriented Development in California Hollie Lund (CSU Poly, Pomona), Robert Cervero (UC Berkeley), Richard Wilson (CSU Poly, Pomona). Califomia, 2004. Please contact SCANPH for a copy. Rethinking Residential Parking: Myth b Facts Southern Callfornla Association of Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH: 213-480-1249 www.sconr)h.org 5- Non -Profit Housing Association of Northern California (NPH). San Francisco, 2001. www.nonprofithousina.orafactioncenter/toolbox/parkina/rnythsandfa is r�df Reducing Housing Costs by Rethinking Parking Requirements San Francisco Planning and Urban Research Association (SPUR). San Francisco, 1998. www.spur.om/dcw-iments/sraurhsapka pdf Reports, cont. Buying Tim• at the Curb Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 2003. WWW'SOD buyingtime.wdf The High Cost of Free Parking Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1997. www.sppsr.ucla edu//dup/people/faculty/Shoup%2OPub%204 pdf in Ueu of Requlred Parking Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1999. www.sppsr ucla edu//dup/peopl JF�,r� �ffv/ch��%2^Pub%202 pdf The Trouble With Minimum Parking Requirements Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1999. www.sppsr ucla edu//dup/people/faculty/Shoup%20Pub%203 odf Housing Shortage/Parking Surplus: SRicon V01100 Opportunity to Address Housing (Needs and Transportation Problems with lnnovative Parking Policies Transportation and Land Use Coalition. San Jose, 2002. www.transcoolition.org/reports/`housing s/housina shortage home html southMrn California Association of Non -Profit Housing 3345 WIIshre Blvd. Suite 1005, Los Angeles, CA 90010 PH: 213-480-1249 www sconph org -6- Best Practice Policies Here is a quick list of jurisdictions and practices that can be used as examples: MDescriptions Combined Reductions in City of Los Angeles See Next Page Parking Requirements for Affordable Housing Parking requirements reduced by .25 spaces and Proximity to Transit City of San Diego per dwelling unit for Transit Area or Very Low Income housing (Municipal Code 142.05) Par♦Fing R #. m0" Re dt�cz p fbr fwro�) ►> t 4 ifglCd4ibNe Redt�ffs :. Scnt4 Monica ho�siif1tt113 tiQih r 2 t tJ6liicX" ANc l It Pt ls$ spdd*r U640", Using Square Feet In R-4 district, parking requirements are 1 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 23D.40.080) Ldo* ilk tj W+ t�f> R40 DOW tr is� c#% c3Clltd' ilii ti+?�� ` p For 1 bedrooms and studios only, San Jose has Lower Parking San Jose a 0.5 spaces per unit reduction in MPRs when Requirements for a facility is "A If 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. Munici al Code 19.45.05 0) Allowing Residential Santa Clara County - Pass Is between = and $80 per year per Southern CaUforeia Association of Mon -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH: 213-480-1249 www scanoh ora -7- Devolopmentmanagers VQlWY iransportatl0n person depending on devolopmdntSita and to Purchd* Antic l AuttWr# "1�esideDjU locatko. Transit 1'01dr AN ,E_� p�" Residents at a ditccount One-fifth the regular parking requirement for housing specifically designed for and "By -right" reductions in San Francisco occupied by senior citizens or physically parking requirements for handicapped persons. (Article 1.5. Section Senior and disabled 151) housing 25% reduction of parking reclukement for Berkeley housing exclusively for persons over the age of sixty-two (62). One space per 5 residents for nursing homes. (Section 23D.40.080) K leai fdtftaa1 app 10 rasisIn, n 1ittt*sp�sl Pool' quVA fcsr, sertipt! cMtt 3 # Cbnaci€d , t n c cnUC --how-,�6 horJsiitg. ; P a{ #1r t t q fia reciter ndb pt reaufi spact C. ilouthorn California Assoclation o/ Non -Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH: 213-480-1249 www sconiph oro 8 �..< City of Los Angeles Municipal Code Chapter 1, General Provisions & Zoning Section 12.22 A 25 (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 rooms, 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 k3-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 a single -room 0.25 parking space per occupancy hotel dwelling unit or guest room, with a minimum of 5 parking stalls per facility Southern California Association of Mon -Profit Housing 3345 WllsNre Blvd. Suite 1005. Los Angeles, CA 90010 PH: 213-480-1249 www.scanbh.ora -9- Sample of Southern California Minimum Parking Requirements Below is a table of many Southern California 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 required spaces to the highest. Cathedral City., Los Angeles 11 Irvine } Riverside (City) 1 5 Ventura (City) 1 Santa Monica 1 Long Beach 1 West Hollywood t . Santa Barbara 1."r Pasadena San Bernardino (City) City of Orange f San Clemente" i Oxnard 1, Tustin Huntington Park 2 Anaheim 1.25 Santa Ana' 2, 1 1.4 1.5 1 1.5 1.5 1.5 1.5 2 1.5 1.7 1.5 1 2 2 2 2 1.3 Y.6 2 2 2: 2: 2 2 `; 2 2 2 2 2, 2,26' 3 2 2 2 2 2 2 2 2 2 2.5 2.2 2.5 2 2 2 3 4 Fl;v I pot* M" rec�te��ht' 175 175 175 190 195 195 198 200 215 225 233 238 325 2.X US 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. tltouthwn Callforia Association of Mon -Profit Homing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH: 213-480-1249 www.scanph org -10- f ' Santa Ana recently changed their MPRs to more reasonable ratios. Santa Ana's municipal code still t reflects these requirements as of 9/16/03. " San Clemente may also use net floor area to determine MPRs. Whichever method yields the larger amount will be employed. Breakdown is as follows: To 900 sq. fl — 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 California Association o/ Noe-PeoAt Housing 3345 Wilshire Blvd. Suite 1005, los Angeles, CA 90010 PH: 213-480-1249 www.scanph.ora 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. Cathedral City t;QFh' 75 h — Senior near " Long Beach — 122 Special Needs LI or 1 Y'00,100,00a. M., Senior LI Los Angeles — Affordable 1 1.5 fir near hansN) - 4;F "0 " San Clemente — Senior nif Santa Barbara — 100% Affordable Santa Monica-.� 1.5 r Affordable Ventura County -Low 1` 1 1 5 2 t `` Income or Senior West Hollywood - OS. 0.5 os' 0.5 Senior 100 t;QFh' 75 h 125 (105 near r1 �� f ' transit) 122 100 145 180 60 Southern California Assoclatlon of Non -Profit Housing 3345 Wilshire Blvd. SLAie 1005, Los Angeles, CA 90010 PH: 213480-1249 www.scanph.org _12_ References Access municipal code language for all cities Isted via the internet. C_ir_ Section wo"Ite Anaheim 18.06.050 http:llwww,amtecial.com/angheim cal Cathedral City9.58.020.F 12ttp;llordlink-com/cQdes/`cgthedral/index.htm Huntington Park 9-3.804 http:/Iord-lbk.com/codgsLbuntinatontin.clex.htm Irvine 4-34 http'//www ci iNne co us/ its/cd/nla ing=ti,Aties/ZoNno ordinon. R cw Long Beach 21.41.216 htii2://ci,iona-beach.ca.us/city lerk/lbmc/tffle21 /frame htm Los Angeles 12.21.A.4 http://www lacity ora/Iacitv102 htm City of Orange) 7.34.060 hffp://bp-c,lserver-net/codeslomnae/index.htm Pasadena 17.68.030 http://www.ci.pasadena ca us/citvclerk/municode asp Riverside (City)19.74.010B hitp:/lwww.ci.rivgLsioe,ca.us/municipaI code/Default htm Son Bernardino (city) 19.24.040 htt2//M".ci.son- bernaidino.ca.us/site/htm/Develoi2mentCodR2OO2 htm San Clemente 17.64.050 http://www br>c!3.Qt.com/codesLsonctemente/ Santa Ana 4-1322 htti):/Aivepubllsh.murgcode.com/`3/ToastdHPH- molo1— 1--- --- I htmb id l Iav� Santa Barbara 28.90,100 nip[/w�vw.«tans 49�b_qS7.6R�tildpoarfinents/a�nlnshative �erviceJcity clerk/rn;bd cpdg1 Santa Monica 9.04.10.08.040 csr:rtt70I��L,7GTilNTMKNI1AL► 0: 1..0 ,! L Tustin 9226 Ventura (City) 24.415.030 dti):/AyerKibbh.muNcode,com/3/bext/dgqf.temcg cl, West Hollywood 19.28.040 Southern CaiHbrnla Association of Non-profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH: 213-480-1249 Www.scanph.org -13- Making a House Call Less Downtown Parking Is Part 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 "white 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 already 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 30% 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. Soutim. CaiHbnda Association of Non -Profit Housing 3345 WllsHre Blvd. Suite 1005, Los Angeles. CA 90010 PH: 213-480-1249 www.scanph.orp -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 for parking spaces will diminish. Making a House 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 assistance 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 for 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:' tiouthorn California Assoclatlon of Non -Profit Housing 3345 WllsNre Blvd. SLA le 1005. Los Angeles, CA 90010 PH: 213-480-1249 www.scanph.org -15- Perry said the plan provides a blueprint for the city's effort to increase housing production. '1'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 4014 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: 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 family 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 standards for carriage way units are proposed as an alternative 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 WAS 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 Speck 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 patterns distinct from surrounding areas. if. The Planning Commission hereby recommends that the City Council approve Specific Plan Amendment/Zone 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 14th day of February, 2005. N 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. 3950 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day February, 2005. 4�2 ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A TO RESOLUTION NO. 3950 ZONE CHANGE 04-003 The following changes to the MCAS Tustin Specific Plan shown in underlined text represent the proposed amendment in Zone Change 04003: 3.1.1 Planning 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 Pin • Single-family attached dwelling units and duplexes P • Single-family detached dwelling units P • Single family detached carriage way units F_ • 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 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, 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 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 3.11 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 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. E. Site Development Standards - Carriage Way Units Definition• A type of single family detached product that is located on a minimum thirty -six -06) foot wide Raved street with a ten (101 foot parkwa on both sides of the paved portions of the street with a g=ge 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 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 overhanus and cQv-=d porches outside the exterior wall. 6. hfinimum buildingset ac a) Ddinger Avenue - 40 feet b) Local public street - 10 feet c) Private street or riyate drive - 5 feet d) Interior side yard - 3 feet minimum with aggregate requirement of 10 feet for both side mcls e) Rear yard - 3 feet for garage and 7 feet for living areas including living areas above garr>�gg h) Building to building setback- 30 feet minimum applicable to units fronting a naseo/o/open spm 7. Landscape setbacks4 a) Edinger Avenue - 30 feet 8. Landscaping a) Areas not devoted to buil inQ parking areae roads, shall be landscaped hardscape and b) Compliance with the City of Tustin Landscape and Irrigation Guidelines c) Compliance with the LandscM Desimi Guidelines in Section 2.17 of this Specific Plan 9. Bicycle and pedestrian circulation facilities shall provide connections wnthin the Planning Area, t adiacent PlHing Areas, and to citywide bicycle trails where applicable. 10. Fences and Walls a) Compliance with General &Mgatinns Swion 3,11. b) A masonry block wall shall be maintained and/or constructed along the western perimeter of the Placming Armin 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 walls or buildings not in Rtture 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 EML 12. End units — a minimum back up sRace of three (3) feet in addition to the width of the drive approach. 13. Other General Development Regulations (refer to Section 3.11 as annlicable) 14. Sianage (refer to Section 3.12 as gRRlicable) 15. Off-street nark ng (refer to Section 3,13 as applicable to Single Familv Fes: M 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 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. 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 - 450 square feet b) I 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 9. Minimum building setbacks3 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 10. Landscape setbacks4 3 Building setbacks are measured from future right-of-way. Nan -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 -conforming landscape and building 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) 16. 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 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 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 square feet e) 2 Bedrooms or more with den - 850 square feet 8. Minimum building setbacks5 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, 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 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) A. 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 am 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 44%) 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 enterinto 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. 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 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 capital/infmstiucture 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 1) 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 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 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. i AAI,,r r - SW^Vrj-.s htoNb tuk4L 3. 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 parking standards. 4. Demolition of structures may be as required by Tustin to be undertaken under the following conditions: l) 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 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" 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 • Carriasre 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 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 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 setbacks8 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 Pian 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 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 — Carriage Way Units Definition: A type of single family detached product that is located on a minimum thirty-six (36) foot wide paved street with a ten (10h foot parkway 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. • i M-1110 ---- - I. Maximum dwelling units - 7 dwelling unit, p r acre .2. Minimum lot area - 3,000 square feet 3. Minimum lot width - 35 feet 4. Maximum building h6ght - 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 strget - 10 feet c) Private street or private drive - 5 feet d) Interior side Yard - 3 feet minimum with aggre ats a requirement of 10 feet for both side Yards e) Rear 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 Landscaping b) Areas not devoted to buildings parking areas hardscaye 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 adjacent Planning Areas and to citywide bicycle trails where = icable. 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 perimgter of the Planning Area in accordance with the General Development Regulations. 11. Homes that side -on to a local road shall incmgrate architectural enhancements on the side and front view of the unit as Seen frorn 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) 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 walls or buildings not in future right-of-way. 15. 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 - 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 yard - 3 feet minimum with aggregate requirement of 10 feet for both side yards f) 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 r 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 arc a combination of parkway, sidewalk, and planting areas. Non -conforming landscape earl 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 parking (refer to Section 3.13 as applicable) G. Site Development Standards - Condominiums and Multiple Family Dwellings L 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 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 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 setbacks' 1 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 6 Buildingsetbacks are measured from future right-of-way. Non-conformin lands g cape 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 murimum 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. fj 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 setbaeks7 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 comer 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 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 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 Ieast 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 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. 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 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 Pian; 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 E . That Concept Plan 03-003 is in conformance with the Tustin Area General Plan and MCAS Tustin Spec 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 WAS 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 Speck Plan. 11. 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 meeting� of `uAn Planning Commission held on the 141' day of February, JQJAN 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'h day February, 2005. ELIZABETH A. B NSACK Planning Commission Secretary (1) (1) (1) 1.1 EXHIBIT A — CONCEPT PLAN 03-003 RESOLUTION NO. 3951 CONDITIONS OF APPROVAL Concept Plan 03-003 is approved for development of 1,077 residential units in Planning Area 4 and Planning Area 5 as follows: 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 Spec 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 Pian 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; 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 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 identified 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 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 Resolution No. 3952 TTM 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 in41eu 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. 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 February, 2005,E---1 (� JOKA NIELSEN 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 NO. 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 9335.08 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. 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" 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 CODES (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'/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. 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 and made available solely to guests. PROJECT PHASING bathrooms, may be gated or locked residents of the Project and their 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'h 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 map, 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 TTM 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 for 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 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 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 -u 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. 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 erosion 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 line" 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. For 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; 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 a City -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 TTM 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. 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. 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, 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. 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 party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions, However, the City shall not be obligated to enforce the CC&Rs. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including 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 C. 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. 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 a two -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 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" 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 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 owners 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 81/2 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 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 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 11 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 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 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 18581 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 04-006 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 for 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 for 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 OR 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-M Page 3 adopted Resolution No. 3949 finding that the FEIS/EIR adequately addressed all potential impacts related to the project. 11. 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 Pian, 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. JOHN 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 Plat1hing 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 February 14, 2005, 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 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 CODES (T) 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 California 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 quilding 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) V 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 Code Chapter 5, Table 5-B. (3) 3.8 Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California 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 for 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. LANDSCAPI NG/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 wails 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 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. (4) 8.4 Major points 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 shall 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 04-006 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 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 shall be completed prior to the issuance of the 420"' 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 of any grading or building permits, the applicant shall submit a Fire Master Plan to the Fire Chief for review and approval. This plan submittal shall include fire department access, fire hydrants, fire lane markings, water availability for fire flow reports, blue reflective pavement markers, and laddering exhibits for rescue windows on multi -story dwelling units. (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 for 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 to 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 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 (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 gross square floor area of construction or improvements to the Community Development Department. 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 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. - - 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 Speck 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 Speck 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 Pian (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 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 NO. 4014 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 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 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 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, conceming this project. The City agrees to promptly notify SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (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 California 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 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 -- 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 buildings (residences and garages), and show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. (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 OR 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) Curb and Gutter b) Sidewalk c) Drive aprons d) Catch basin/storm drain laterals/ connection to existing storm drain system e) Domestic water facilities Q 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 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 05-037 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 "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 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 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 Resolution 4014 DR 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 Control 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. LAN DSCAPING/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 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. • 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 Wor 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 a dead- 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 streettroad 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 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 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 (1)(5) 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 OR 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 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. 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. Attachment D City Council Resolution Nos. 05-40 and 06-17 and Ordinance No. 1297 AMENDED ON 3R/05 _._ RESOLUTION NO. 0540 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 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 City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application 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 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 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 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 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 Speck 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 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 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 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 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 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 Speck 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 Councilheld on the 22nd day of February, 2005. 2 LOU BONE Mayor Resolution No. 05-40 Page 4 of 27 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Cleric 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. 05-40 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7"' day of March, 2005, by the following vote: COUNCILMEMBER AYES: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA (S) COUNCILMEMBER NOES: NONE (0) COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: NONE (0) City Clerk Resolution No. 0540 Page 5 of 27 GENERAL EXHIBIT A - TENTATIVE TRACT MAP 16581 RESOLUTION NO. 05-40 CONDITIONS OF APPROVAL 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 9335.08 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 thal Resolution Nos. 3949, 3951, 3953 approving Concept 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/Zone 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 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. 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 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 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% 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 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 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 or locked 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 appllcable. 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 100th building permit for the production units of the entire Columbus Square project, building permits for the senior housing shalt 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 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 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 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 California Health and Safety Code 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 for in -tract private street and utility improvements only shall not impact any other condition contained 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. O 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 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 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: 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 for construction of meandering sidewalks and shall comply with ADA accessibility requirements for 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. 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; Demolition and removal of any abandoned utilities at the entire site including within the current proposed roadway sections. Traffic signals at Lot P/Valencia 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 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 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 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 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. (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 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 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 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 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. Resolution No. 05-40 Page 14 of 27 (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. 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. For 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. M 4.3 In the event that 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. 05-40 Page 15 of 27 other utilities (the "Backbone Utilities") necessary to serve the project is delayed for 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 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 les, and cur return radius shall be consistent with the City's design 'sstandards 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 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; 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 a City -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 system shall be reviewed and approved by the City of Tustin and SouthemCalifomia Edison; B. Landscape/;rrigation; 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. 0540 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 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 Resolution No. 0540 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 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, 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 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 Resolutlon 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 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, 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. Resolution No. 05-4o 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 8Yi inch by 11 inch dimensioned site plan for each unit that is allocated private open space. 1. 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: 1. All units are required to maintain the required number of garage spaces based on Table 34 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. Residents shall 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 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 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" 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, WIL 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 for 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. 05-4o 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 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 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. 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 3.9.3,15 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 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. 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 all 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 Road that will be operating 24 hours. ENVIRONMENTAL MITIGATION 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. 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. 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 for the development of on-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. 05-40 Page 25 of 27 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 (lil) 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 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 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 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. (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 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: 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 lots 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 designated for Low Density and Medium Density Residential use; E. The City Council finds that requiring the developer to include a separate exhibit for 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, 11. 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`h day of February 2006. ATTEST: .. Mf_LA -STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF 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 6t' day of February, 2006 by the following vote: COUNCILMEMBER AYES: DAVERT, HAGEN. AMANTE, BONE, KAWASHIMA (5) COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: NnNF COUNCILMEMBER ABSENT: NONE (o) PAM 'l—A-s—TORE 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: tion 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 alternative to the traditional single family detached product without compromising the density and development standards for single family residences and to allow development of condominium projects on development sites that are less than ten (10) acres. 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 a public hearing was duly called, noticed, and held on said application on 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 Tustin Specific Plan does not set forth standards for "carriage way units" and the standards for carriage way units are proposed as an alternative to the traditional single family detached product and are 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 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. That the WAS 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 WAS 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 architectural styles and creative landscape design. b. Policy 13.5 — Promote high quality architecture, landscaping, signage, open space design, circulation patterns, and landscape patterns distinct from surrounding areas. Section 2. The City Council hereby adopts Zone Change (MCAS Tustin Specific Plan Amendment) 04-003 ("Zone Change") to amend Sections 3.4.2 and 3.4.3 of the MCAS Tustin Speck Plan to establish new development standards for carriage way units in Planning Areas 4 and 5 and minimum development site for 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: `001 •A#1, PAtVT'! • 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 Council 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: IVRHAM.fI.1---m 61 �,•�• • e• • City Clerk Ordinance No. 1297 Page 4 of 24 BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA (S) NONE NONE (0) NONE (0) EXHIBIT A Ordinance No. 1297 Page 5 of 24 EXHIBIT A TO ORDINANCE NO. 1297 ZONE 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 Planning 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 e�TM+aae way gni • Small family day care for less than seven children on E 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 Ordinance No. 1297 Page 6 of 24 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 - 7 dwelling units per acre 2. Minimum lot area - 3,000 square feet 3. Minimum lot width - 35 fent 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 setbacks a) Edinger Avenue - 30 feet S. Landscaping a) Areas not devoted to buildings, parking areas, hardseape, 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 Ph mzing Area in accordance with the General Development Regulations. 11. Other General Development Regulations (refer to Section 3.11 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 arc 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 pus ft walls or buildings not in ftuure right- of-way. Ordinance No. 1297 Page 7 of 24 E. Site Development Standards — Carriage Way Units iRPT74 =74 Kil H. WiM - . RAW I U f. }! ._!! • :._1 � 1111 ;• Mf .y1 1 • f •fi ! 1: y l �• • 1 1.%,! • i.3 ! �M..!.! _ 1n • •• f • • y r .•. r r • 1 j -� • 1 ! • __�� l . f► r 1 •f. i r !. • r • 1. •: 1 1..2_1 11 !.•. a • Oft Vik-LIM-Ins are C 1 t.. 7• 37T IT 174 qT • 1 !.. :-} W so • } � } —Y 1 1. Ij' -- 1 r 1 � =`• 1 _ Landscape sabacU m measarcd from the back of the curb and are a combination of parkway, Sidewalk and planting areas. Building setbacks are measured Brom future right of --way. Non- conforming landscape and building sctbwU will be permitted to remain to accommodate existing walls or buildings twt in Altace right•of wsy. Ordinance No. 1297 Page 8 of 24 11. Homo that side -on to—a. local road- shall incomorate architectu-rl enhamements on the sidt-and front view -of the uniL as seen from the local L. . 12. End units — a Minimum back up space of three (3) feet in addition to the width of the drive a2proach. 13. Oth2[ General Develop -mot Reigulations: (mfer to Sedon 3.11 as p 14. !If.9c (refer to Soctien-3.12:.. A Detached) - F. Site Development Standards - Single Family Attached I - 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 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 - 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 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 for both side yards e) Rear yard -10 feet 10. Landscape setbacks FUlding setbacks are measured from future right-of-way. Non -conforming lurdssape 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 bank of the curb and are a combination of parkway, sidewalk, and planting areas. Non -conforming landscape and building setbacks will be permitted to m ain to accommodate existing wails or buildings not in fature right-of-way. Ordinance No. 1297 Page 9 of 24 a) Edinger Avenue - 30 feet 11. Landscaping a) Areas not devoted to buildings, parking areas, bardscape, 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) 16. Off-street parking (refer to Section 3.13 as applicable) G. Site Development Standards - Condominiums and Multiple Family Dwel Ings 1. Maximum dwelling units - 7 dwelling units per acre 2. Minimum development site — 8 acres lminimnm Irnel �„+ size) 3. Maximum building height - 40 feet 4. Maximum lot coverage - 65 perccnt, 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 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 square feet e) 2 Bedrooms or more with den - 850 square feet Ordinance No. 1297 Page 10 of 24 8. Minimum building setbnckss 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, 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 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 I. 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 r Landscape setbacks ate measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Building setbacks are measured from fitture right -of --way, Non- eoafonning landscape and bulld ng setbacks will be permitted to remain to accommodate existing walls or buildings not in Ntura right-of-way. Ordinance No. 1297 Page 11 of 24 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. C) 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 ofT 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 - 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 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 capitalJinfrastructure 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 Ordinance No. 1297 Page 13 of 24 1) Decorative paving and other hardsmpe 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 °) 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 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. Wow* s * /1C JIWO MAS L ACINI �AO✓N�1 3. 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 parking standards. 4. Demolition of saucttues 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 Area. Ordinance No. 1297 Page 14 of 24 A summary of the key design guidelines for the Low Density Residential Planning Area is provided in Figure 3-4. Ordinance No. 1297 _Page 15 of 24 3.1.1 Planning 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 Carrian P • Way unite • Small family day care for less than seven children on P 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 covets, 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 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 Plarming 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 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 fat e) Interior side yard - 3 feet minimum with aggregate requirement of 10 feet for both side yards f) Rear yard - 10 feet 7. Landscape setbacks' 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 — Carriage Way Units Definition: A type of sint=le family detac,l,� rroduet that is tnr. aced nn a tntmttrn thirty-six (36) foot verde vaved street with a ten rum f .. _o.r,,,b„ .._ �_+ the paved portio of he, strect with a garage that is locatoi to the rear of the Landscape setbacks aro measured tfem 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 rennin to accommodate existing wads or buildings not in future right-of-way. Building setbacks am measured from future right -of way. Ordinance No. 1297 Page 17 of 24 residence and takes access from a r two-way alley that is a Ininam»m of twenty four (24),feet ,wide, , 1. Max M dwelling Will dwelfi.niz units agro 3. Mirimum lot width 35 foot 4. _. _RS ._ }! building h ght 5. Maximurn • • 1 nt of • : i : • i • ! • • ! 22rches 6. —Minimum building setbacks' Edizmer i ! 1 feet b) Local public sftet - IQ '1 C) Uvatc SIMCUor priyate drive - feet (front Yard) for both side Yards &U 33W for r !.� �i •r living•iincluding flying i i. i.. above gmae b) Buildin setba&- 30 :.t• =4 Edinger _ Avcnuc - 30 fcot -.ld!' b) Areas not voted to buildinim Rwidma-a .l.a.. be : 1 •. : 1 c• d) Compliam with the IMLSOM Design guidefines in Section 2.17 of ' Undscaile setbacks are measured from the back of the curb and are a combination of planting areas. Building setbacks are measured from future -of P� aY sidewalk, and setbacks will be way. Not►•�onfolmtng landscape and building permitted to remain to accommodate existing walla or buildings not in future dght•of--way, Ordinance No. 1297 Page 18 of 24 F. SIte Development Standards - Single Family Attached I . 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 C) Interior side yard - 3 feet minimum with aggregate requirement of 10 feet for both side yards f) Rear yard -10 fat 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 Planting 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 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-ofway. Landscape sabacks are measured from the back of the curb and are a combination of parkway, sidewalk, and Planting areas. Non-confomdng landscape and building setbacks will be permitted 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 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 parking (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 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 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 loth side yards f) Rear yard - 10 feet 8. Landscape setbacks I 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. t Landscape Setbacks we treasured from the back of the curb and are a combination of parkway, sidewalk and planting areas. Building setbacks am measured from future rlaht-of-way. Nonconforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in (blurt ri&.of--way, Ordinance No. 1297 Page 20 of 24 11. A comer 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 alt structures, streets, driveways, landscape setbacks, and parking lots. T 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 setbacksb 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 Building setbacks are measured from tbture right-of-wSy. Non-confom»ng landscape and building setbacks will be permitted to remain to accommodate existing walls or buiWinps not in future richt-of-way. Ordinance 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 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. fj 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 we a combination of parkway, sidewalk, and planting arras. Non -conforming landscape and building setbacks will be permitted to remain 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 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. 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 No. 1297 Page 23 of 24 permitted within the Tustin portion of the Specific Plan 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. 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 34. 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 all 266 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 a multi -family senior citizen apartment 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 total 266,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'Very-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 90087986.1 -2 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 a for -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 9/29/09 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 Tor - 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: 3.9." "1.16 'Memorandum of Agreement' shall have the meaning set forth in Section 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 isfifty-five (55) 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." 8. Section 3. The title of Section 3 of the Housing Agreement is hereby amended and restated as follows: "3. Affordable Housin Unit Oblieations 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 Obligations 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: 90087986.1 -5 9/29/09 (a) no fewer than one hundred thirteen (113) of the Affordable Housing Units shall be constructed and shall be made available as for -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 0540, including Conditions 2.1, 2.2, and 2.3, and in Planning Commission Resolution No. , including Conditions 3.2 Affordable For -Sale Housing Unit Requirements-. Marketing.and Rqquired 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 final 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 9/29/09 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. In 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, Low 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 9/24/09 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 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- 9008'7986.1 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 90087986.1 -10- 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 after 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. i 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 Agreelbent 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, 90087986.1 -12- 9/29/09 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 Developer and the A(a) Rental ffordable Household emust the or not less th. The Rental an eoenrenent (lease) between Year, Program Administrator provides prior written approval, and may not contain any of the following provisions: (1) Any agreement by the tenant to be sued, to admit guilt or to consent to a judgment in favor of the Developer ilconnecri n aawsuit brought in on 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. g legally responsible (iii) action or failure o aeement by ct, whether the tenant not entional the Developer or its agents le all res or negligent. 90067986.1 -13- 9/29/09 (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, may be 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 1 st 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 1490087986.1 9/29/09 Low 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. (c) A copy of the most recent Verification of Income and age qualification for Very Low Income Household, Low Income Household, and Moderate Income 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 (15`f') 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 (It) day of the sixth (6t') month of each calendar year until the end of the Qualified Project Period. (d) The Developer shall make a diligent and good -faith effort to verify that the information provided by an applicant in the Verification of Income and Senior Citizen age qualifications is accurate by taking the following steps, as a part of the verification process: (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. (e) The Developer shall maintain complete and accurate records pertaining to the Very Low Income Units, Low Income Units, and Moderate Income Units 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. (t) The Developer shall prepare and submit to the City Program Administrator no later than the first (1s`) day of the sixth (6`h) 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: 113.6 PunSose of Affordable Housing ProvisionsThe 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: 113.7_ Compliance with Density Bonus Ordinance Specific Plan and Applicable State 90087986.1 -16- 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 segregation 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, in n or arital status, national origi 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 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.' 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." read: 17. Section 3 of the Housing Agreement is hereby amended to add a new Section 3.9 to "3.9 Memorandum of Agreement. 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 IO]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. S: Affordable Housing Covenant -18- 90087986.1 9/24/09 (Very Low Income) Attachment No. 6: Affordable Housing Covenant Attachment No. 7: Affordable Housing Covenant (Moderate Income) Attachment No. 8: Memorandum of Agreement Attachment No. 9: Regulatory Agreement and Declaration of Restrictive Covenants (Coventry Court Rental Project) Attachment No. 10: 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) 90087986.1 -19- 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: APPROVED AS TO FORM: Woodruff, Spradlin & Smart Douglas Holland, City Attorney William Huston, City Manager or Christine Shingleton, Assistant City Manager "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: 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 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: 90087986.1 -21- 9/24/09 EXHIBIT "A" ATTACHMENT 9 TO HOUSING AGREEMENT AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF COVENANTS 90087986.2 11/18/2009 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 property 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 by the A gement 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; (f) 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 Doug Holland, City Attorney 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: 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 Name: Title: For Lot 7 of Finance and Conveyance Map No. 16857 William Lyon Homes, Inc., a California corporation By: Name: Title: Dated: I' , 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/ares 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') to the Homebuyer Notification — Columbus Square (the "Homebuyer Notification') executed by the undersigned ("Buyer') dated concerning the purchase of real property known as Homesite of Tract No. (the "Property') in at Columbus Square (the "Development") located in the City of Tustin, County of Orange, State of California, from and/or its affiliated companies ("Seller'l. 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 a for -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") 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\D1SCLSR\ 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 apartment complex. Buyer understands and acknowledges that due to the change in design of Coventry Court from a for -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 a for -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 may be 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\D[SCLSR\ 924526.1 10/28/09 Print Name Print Name 2544-332531SAM369\D ISCLS R1924526.1 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, a Conditional 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; I. 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: 1. 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 traffic circulation. PC Resolution No, 4134 DR 09-024 and CUP 09-024 Page 4 i) Location and appearance of equipment located outside ar enclosed structure. j) Location and method of refuse storage. k) Physical relationship of proposed structures to existing structures in the neighborhood. 1) Appearance and design relationship of proposed structures to existing 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 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 Speck 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 Speck 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 WAS 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 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 specked 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 null 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 pen -nit application, the plans shall comply with the latest applicable codes, City Ordinances, State, Federal laws, 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 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 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 (1) submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. 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 shall 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 (WQMP) shall be submitted and approved prior to issuance of grading permit. The WQMP shall be prepared using the City's WQMP Guidelines. The applicant shall 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. LAN DSCAPING/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 a dead- 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 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. (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 landscaping and possible reduced lighting output. be shown on lighting and landscape plans at submittal. ENVIRONMENTAL to be in conflict with Evidence of such shall the time of plan check (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 WAS 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-Tostin 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 8th 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 ) 1, ELIZABETH A. BINSACK, th Planning Commission Secretary Tustin, California; that Resolution regular meeting of the Tustin December, 2009 ELIZABETH A. BINSACK Planning Commission Secretary e undersigned, hereby certify that I am the of the Planning Commission of the City of No. 4136 was duly passed and adopted at a Planning Commission, held on the 8th day EXHIBIT A RESOLUTION NO. 4136 AMENDMENT TO CONCEPT PLAN 03-003 CONDITIONS OF APPROVAL (1) 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 Planning Area 5 (Parcel 23) (Parcel 24) 84 Single Family Detached (SFD) 18 Carriage Way units 181 Carriage Way SFD 552 Multiple Family Attached (MFR) 72 Multiple Family Attached (Senior Housing) 170 Multiple Family Attached (Senior Housing) Total: 337 units Total: 740 units Average density of 8.62 du/acre 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 No. 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 Speck 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 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. 4137 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. 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 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. (***) 1.3 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 shall 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 FEES not employed in the City of Tustin. ("*) 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. ATTACHMENT B Letter from Lennar dated December 8, 2009 requesting amendments to conditions of approval December 8, 2009 VIA HAND DELIVERY Ms. Elizabeth A. Binsack Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Re: Planning Commission Review of CUP 09-024, DR 09-024, Amendment to Tract Map 16581, and Amendment to Concept Plan 03-003 Dear Elizabeth: As you know, Lennar Homes ("Lennar") is a member of Tustin Coventry, LLC (the "LLC"), which is the applicant for purposes of Conditional Use Permit 09-024, Design Review 09-024, Amendment to Tract Map 16581, and Amendment to Concept Plan 03-003 (collectively, the "Project Approvals"), currently scheduled to go before the City of Tustin's ("City") Planning Commission on December 8, 2009. On behalf of the LLC, we would like to thank City management and staff for working with the LLC to bring this matter to the City's Planning Commission for consideration. Upon our review of the Agenda Report, the draft Resolutions, and conditions of approval for the Project Approvals, we have several concerns and/or matters of clarification we would like to point out for the Planning Commission's consideration at the December 8th meeting. The LLC's requested modifications are reflected in underline and strikethrough formatting below: • Resolution No. 4134, Condition No. 1.9 — The LLC requests that the following underlined text be added: "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, or other owner of the subject property reasonably approved by the City, an Affordable Housing Plan by the City Council in a 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 null and void." • Resolution No. 4134, Condition No. 4.9 — The LLC feels this condition has been added in error. Moffet Meadows Partners, LLC, was the applicant for Tentative Tract Map 16581. Tustin Coventry, LLC was not the applicant for that map, and therefore the condition appears to improperly pass any "Fair Share Contribution" obligations under the City's Backbone Infrastructure Program ("Program") on to California Coastal • 25 Enterprise, Suite 300, Aliso Viejo, CA 92656 0 Main: 949-349-8000 Tustin Coventry, LLC, which is not a participant in the Program. In addition, Tustin Coventry, LLC, as the applicant for this project, was never subject to, provided invoices for, or paid fees relating to, any "cost adjustments" under the Program in April 2006 or September 2008, and has never been conditioned to pay any future adjustments for the Program. Therefore, the LLC requests that this condition be removed in its entirety because it is confusing and improper. If, however, the Planning Commission is not willing to remove the condition in its entirety, the LLC requests that the following stricken language be removed from the Condition since the applicant was never subject to any Fair Share Allocation increases under the Program in 2006 or 2008, or any future increases under the Program: "Condition of approval 4.1 of Resolution 05-40 approving Tentative Tract Map 16581, 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 any 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, inelumng its Fair- • . �s!e� en�!s�rti=EM If the Planning Commission is not willing to remove the condition in its entirety, or in the alternative, remove the stricken language as reflected above, then the LLC requests that the following sentence be added to the end of Condition No. 4.9: "Nothing herein shall affect or prejudice the rights of the parties in the pending litigation of Marble Mountain Partners. LLC y. City of Tustin et al. Case No 30-2008- 00116681, filed in Orange County Superior Court on December 29, 2008." • Resolution No. 4136, Exhibit A, Condition No. 1.5 — Same comments as for Resolution No. 4134, Condition No. 4.9 above. • Resolution No. 4137, Exhibit A, Condition No. 1.8 — Same comments as for Resolution No. 4134, Condition No. 4.9 above. If the condition regarding payment of Fair Share Allocation under the Backbone Infrastructure Program, or references to the April 2006 and/or September 2008 increases (or future increases) appears anywhere else in the Resolutions or Conditions of Approval California Coastal • 25 Enterprise, Suite 300, Aliso Viejo, CA 92656 • Main: 949-349-8000 ..masa w.a r� r3 -s .mow - —• for the Project Approvals that we have failed to point out here, we request that the above requests be applied to those references as well. Thank you very much for your consideration. rs, Very t rui ly you Donna Kelly Vice President of Community Development cc: Chairman and Members of the Tustin Planning Commission William Huston, City Manager Christine Shingleton, Assistant City Manager California Coastal • 25 Enterprise, Suite 300, Aliso Viejo, CA 92656 • Main: 949-349-8000 fla"Ir ATTACHMENT C Public Input - emails and letters received from residents Willkom, Justina Subject: FW: Columbus Square - Res No. 4129, Dec 8th Meeting From: Eric Higuchi [mailto:ehiguchi@gmail.com] Sent: Monday, December 07, 2009 10:22 PM To: skozak@tustinca.org; amurray@tustinca.org; cpuckett@tustinca.org; mkasalek@tustinca.org; Thompson, Jay Cc: Shingleton, Christine; Amante, Jerry; Nielsen, John; Palmer, Jim; Gavello, Deborah; Davert, Doug; Huston, William; pstoker@tustinca.org; Interim City Clerk Subject: Columbus Square - Res No. 4129, Dec 8th Meeting Eric Higuchi 1408 Mayfield Way Tustin, CA 92782 December 7th, 2009 To the City of Tustin Planning Commission:, My name is Eric Higuchi and I am a current resident and active member of the Columbus Square Community. It has recently been brought to the attention of many members of the community that the Managing Developer (Lennar) of the community of Columbus Square at Tustin Legacy has requested and has received City Staff's recommendation 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. Many residents, if not the majority of residents, of Columbus Square strongly oppose any resolution allowing the Managing Developer to build and occupy the 240 age -restricted units as rentals. Our opposition is based on the following: • Our property values and future re -sales will be negatively affected if nearly 25% of the units within the master plan are rentals based on the fact that the product type of the for -rent housing is one of the most dense if not the most dense configurations in the City of Tustin. In addition, it seems apparent that the 240 age restricted units will be occupied last, thus, the Developer's new home sales will not be as affected. • 1.7 Parking Spaces per unit, inclusive of guest parking, is grossly insufficient. Many individuals 55 and older still having a living spouse, continue to work, and, therefore, require two vehicles. Furthermore, married retirees will still maintain ownership of two vehicles in addition to having the propensity to invite guests over much more frequently. On -street parking is a growing and divisive issue within our community. When the 240 units are built and occupied, parking will become even more limited and on -street parking will be even more pervasive creating a safety issue for the residents of the community. • Lennar is a homebuilder, not a property management company. I believe it is within reason to question Lennar's ability to effectively manage a large rental community as their business is home building. Lennar does not have the experience nor are they appropriately staffed to manage or address the needs of renters, especially seniors, while maintaining the building and it's common area appropriately. 1 If the City of Tustin Planning Commission proceeds with the approval of Resolutions 4134, 4136 and 4137 on December Stn 2990, the City of Tustin will face significant, organized opposition to the development of the 240 age -restricted units. The residents of Tustin Legacy have been underrepresented at the City, and if Columbus Square residents are ignored on this issue, I believe the City will create a movement that will further delay the development of Tustin Legacy . I strongly recommend that Planning Commission reject the aforementioned amendments in order to avoid any further delay of the development of the community. Furthermore, I urge the Planning Commission to reach out to the Columbus Square community and host a charrette at the Columbus Square Community Center in order to discuss alternatives to a 240 unit rental community within our master plan. I recognize that a for -sale, 240 unit senior housing community is not economically viable at this time, however, a community with a density of 24 units to the acre was never appropriate for this community since it was planned. Please feel free to contact me at (949) 290 7510 or ehiguchi@gmail.com. I would be happy to assist the City of Tustin in any way possible. Sincerely, Eric Higuchi Cc: City of Tustin City Council William A. Huston, City Manager Christine A. Shingleton, Assistant City Manager 2 January 5, 2010 COMM. STEVE KOZAK, Chairperson Planning Commission, City of Tustin 300 Centennial Way, Tustin, Ca 92780 CERTIFIED MAIL WITH RETURN CARD Dear Commissioner Kozak: DECEIVED JAN 0 6 2010 COMMUNITY DEVELOPMENT DEPT I thought I'd wait until after the holidays before I followed up on my letter dated December 9, 2009 copy of which is attached. I will appreciate receiving the requested documents before the scheduled public hearing on January 26, 2010 with sufficient time to read and have reasonable understanding of the contents. This is all the more important since Lennar representative Ms. Donna Kelly, when she addressed the Columbus Square HOA on December 16, 2009, failed to produce the Commission letter addressed to the HOA but delivered to Lennar instead. We know there is this letter as its presence was confirmed by the Commission staff at the December 8th public hearing. I will as well appreciate acknowledgment of this request and either a favorable or unfavorable response to it. Thank you very much. Respectfully yours, CARLOS F. CUYUGAN 15201 Providence Way Tustin, CA 92782 c.cuvuean@yahoo.com December 9, 2009 MR. STEVE KOZAK, Chairperson City of Tustin Planning Commission 300 Centennial Way, Tustin, CA 92780 Dear Commissioner Kozak: I apologize to you, the other Commissioners, and your staff for my intemperate language at last night's public forum. To help me come to a rational not emotional understanding of the issue and the process involved please send me a copy each of the following: • Lennar's letter requesting modification of requirement from ownership tenure to rental tenure. • The Commission's letter to the Columbus Square HOA delivered to Lennar. • Lennar's letter received by the Commission yesterday or very recently. • Any and all communication between Lennar and the Commission or staff, transcripts of discussions and or meetings with Lennar. Thank you also for the continuance. Development of Coventry Court at Columbus Square has been discontinued for years, original permits expired, and there is no pressing or urgent need to adopt and recommend approval of the City Council Resolutions nos. 4134, 4136, and 4137. Property owners in Columbus Square must be afforded time and assistance by the Commission. Thank you for your consideration of above requests. Respectfully yours, ARLOS F. 15201 Providence Way Tustin, CA 92782 Kapadia, Reina From: Binsack, Elizabeth Sent: Wednesday, January 13, 2010 3:56 PM To: Willkom, Justina; Kapadia, Reina Subject: FW: CHANGING COVENTRY COURT SENIOR HOUSING IN COLUMBUS SQUARE FROM OWNERSHIP TO RENTAL APARTMENTS IS UNFAIR ACTION AGAINST COLUMBUS SQUARE HOME OWNERS!! Elizabeth A. Binsack Community Development Director City of Tustin 714-573-3031 -----Original Message ----- From: Estrella, Patty Sent: Wednesday, January 13, 2010 2:25 PM To: Deborah Gavello ; Doug Davert; 'Jerry Amante'; 'Jim Palmer'; John Nielsen Cc: Binsack, Elizabeth Subject: FW: CHANGING COVENTRY COURT SENIOR HOUSING IN COLUMBUS SQUARE FROM OWNERSHIP TO RENTAL APARTMENTS IS UNFAIR ACTION AGAINST COLUMBUS SQUARE HOME OWNERS!! -----Original Message ----- From: Stephanie Yang [mailto:syang1029@gmail.com] Sent: Monday, January 11, 2010 11:03 PM To: Amante, Jerry Cc: Nielsen, John; Davert, Doug; Palmer, Jim; Gavello, Deborah Subject: CHANGING COVENTRY COURT SENIOR HOUSING IN COLUMBUS SQUARE FROM OWNERSHIP TO RENTAL APARTMENTS IS UNFAIR ACTION AGAINST COLUMBUS SQUARE HOME OWNERS!! To the City Council of Tustin: First and foremost, I would like to thank each of you for playing such an integral part in the development and quality of our city! It is my pleasure and pride to be a part of the City of Tustin and the Villages of Columbus Communities. I truly enjoy the quality of life, safety, and life style that our communities provide us. As we all know, the characteristics of our communities is what keeps us here and attracts future homebuyers to our community. Our sole reason for buying in Columbus Square of Tustin was for the higher quality of life that we are all enjoying now and I would love it to stay that way as Tustin Legacy continues its development in the years to come. Onto more URGENT MATTERS! I am going to be very honest and state that I would have never made the final decision to purchase our home in Columbus Square in the city of TUSTIN if I was previously informed that there would be Section 8 Apartments built in our community! It was PROMISED during our the purchase of our properties that our community would not absorb any of the Tustin Legacy mandated apartment populations, and now it will absorb 80%??? How is this fair to our community of home owners? How is this fair to our FAMILIES who intentionally bought in Columbus Square to be a part of HIGHER LIVING STANDARDS? Our family could have gone elsewhere and paid a much less premium for that type of community. The change of Coventry Court will devalue our homes, our community, and unfairly increase our HOA fees by 20%!! 1 It is a GREAT CONCERN to my family that Lennar and META will be petitioning to change Coventry Court Senior Housing into 240 Rental Apartments with 153 being Section 8 units. Of these 240 Units, each rental tenant will only be required to pay 50% of our HOA fees and the rest will fall back onto the home owners of Columbus Square! How is this equitable in any way? WE DO NOT POUR OUR HARD EARNED MONEY AND PAY TAXES FOR OUR HOMES TO BE TURNED AROUND AND GIVEN MORE BURDEN! Not only will we take a hit financially, we will have to face an increase in transitional traffic by rental living in our community that was never properly given notice of when we all decided to purchase in Columbus Square of Tustin. With SUCH a large amount of undeveloped land in the Tustin Legacy project, there are PLENTY of possible planned areas for apartment living. THE CITY OF TUSTIN CAN MAKE A DIFFERENCE for their tax paying home owners and the community of Columbus Square by making sure that our home values are not negatively effected by this unjust move by Lennar Homes and META and DENY the request for rental apartments in Columbus Square. I URGE, BEG, and PRAY that each of you think about this situation as if it were YOUR HOME VALUE, HARD EARNED MONEY, and COMMUNITY where you raise your families. Please take the time to come and see our community and enjoy what we enjoy so you can truly understand why we are so passionately against this proposal by Lennar. With the economy on the low and home values already dropping, no home owner in Tustin should have to face unnecessary devaluation of their homes! Once again... CHANGING COVENTRY COURT SENIOR HOUSING IN COLUMBUS SQUARE FROM OWNERSHIP TO RENTAL APARTMENTS IS UNFAIR ACTION AGAINST COLUMBUS SQUARE HOME OWNERS!! PLEASE take my voice as a Tustin Home Owner and Citizen into great consideration. Thank you, PROUD COLUMBUS SQUARE HOME OWNER PROUD MEMBER OF THE CITY OF TUSTIN Stephanie Yang and David Lam 1403 Compass Rose Way Tustin, CA 92782 2 Wilikom, Justina Subject: FW: Coventry Court at Columbus Square Attachments: 01-14-10 - Ltr in re Coventry Court.pdf From: Eric Higuchi [mailto:ehiguchi@gmail.com] Sent: Thursday, January 14, 2010 5:00 PM To: skozak@tustinca.org; amurray@tustinca.org; cpuckett@tustinca.org; mkasalek@tustinca.org; Thompson, Jay Cc: Amante, Jerry; Nielsen, John; Palmer, Jim; Gavello, Deborah; Davert, Doug; Huston, William; Shingleton, Christine; pstoker@tustinca.org; Jon Cernok; Renee Morales; Paul Mobley; Mike Fender; Teresa Rooney; James Novella; sbradley@metahousing.com; donna.kelley@lennar.com Subject: Coventry Court at Columbus Square To the City of Tustin Planning Commission: Please find attached a letter from the Camden Place Neighborhood Homeowner Association's Board of Directors in regards to the pending application for approval of a conditional use pemit and amendment to the tract map for the Coventry Court Community at Columbus Square to allow "for -rent" housing. In brief, the Camden Place Board of Directors is in opposition to the aforementioned application on the basis that its approval will result in increased HOA assessments for all homeowners within Columbus Square. Lennar's projected increase in HOA assessments is a consequence of the decision to reduce the HOA assessments for 240 units at Coventry Court by 50% as a condition of sale of the property to a 3rd party apartment builder. The Camden Place Board would like the opportunity to meet with members of the Tustin Planning Commission prior to the January 26th meeting in order to clarify our position and offer our assitance in resolving this issue. Feel free to contact me at (949) 290-7510 or ehi uchingmail.com. On behalf of the Camden Place Board of Directors, Eric Higuchi January 14, 2010 City of Tustin, Planning Commission 300 Centennial Way Tustin, CA 92780 In Re: Coventry Court at Columbus Square To the City of Tustin Planning Commission: As the Board of Directors for the Camden Place Neighborhood Association (a sub -association within the Columbus Square Master Plan), we have been entrusted with the duty to maintain the outstanding character of our community as well as protect the fiduciary interests of the 222 households we represent (approximately 21% of the total homes to be built in Columbus Square). Therefore, by unanimous action, the Camden Place Neighborhood Association Board of Directors requests that the City of Tustin deny the pending application for modification to Lot 265 of Tract 16581, also referred to as Coventry Court in Columbus Square at Tustin Legacy on the basis that, if approved as currently proposed, the homeowners of Camden Place would incur long-term financial harm. According to Lennar's documentation filed with the City of Tustin, "the owner of Coventry Court apartment complex would pay an equivalent amount 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 apartment complex.i' The master association's assessment revenue would decrease while our obligations to the residents of Coventry Court would remain the same (such as their right to access the Village Conservatory, pool, community parks and association maintained streets). Consequently, this potential reduction in assessment revenue will result in a projected 20% increase in the Master Association Common Assessments for the 222 households that make up Camden Place. I Pg. 271-273,Reoort to the Planning Commission In re: Coventry Court dated December 8, 2009, "Addendum to Homebuyer Notification for Columbus Square' The financial impacts are as follows: Per Individual Homeowner HOA Dues as of Jan 2010 20% Increase Columbus Square HOA Dues (annual) $1,596 $1,915 Negative Annual Impact to Camden Place2 Negative Annual Impact to Columbus Square' Subsidy to Coventry Court (proposed)4 (50% HOA Assessment Discount) ($70,862) 17% of the Annual Camden Place HOA Budget ($266,532) $191,520 While the Camden Place Board of Directors is not explicitly in opposition to the development of Coventry Court as "for -rent" housing, this application, if approved, will result in financial benefits exclusively limited to Lennar and Meta Housing at the direct expense and long-term harm of all current and future homeowners of Camden Place. Thus, as mentioned above, the Camden Place Board of Directors has the fiduciary responsibility to publicly oppose the approval of this application. In order to move forward with the development of Coventry Court, the Camden Place Neighborhood Association respectfully requests that the City of Tustin revise the proposed resolutions to limit Lennar's ability to burden Columbus Square Homeowners with any increase in Common Assessments associated with the sale of Coventry Court or the change in designation of Coventry Court from a "for -sale" to a "for -rent" project. Furthermore, the Board requests that the owner(s) of the units at Coventry Court be required to pay their fair share of assessments relative to the assessments paid by all households within Columbus Square in perpetuity. The Board of Directors also requests a meeting with members of the Planning Commission, prior to January 26th, 2010, to express our concerns, clarify our position and offer our assistance in order to quickly resolve this issue. The Camden Place Board appreciates the hard work of the Planning Commissioners and City Staff and thanks you for your time. Please contact Eric Higuchi at (949) 290-7510 orehiguchi@gmail.com should you have any questions or concerns. 2 Calculation based upon current assessment rate ($133/mo). Total impact is equivalent to 20% of the total sum of assessments paid by 222 units within Camden Place annually. 3 Calculation based upon current assessment rate ($133/mo). Total impact is equivalent to 20% of the total sum of assessments paid by 835 units within Columbus Square annually. a Calculation based on the current assessment rate ($133/mo). Sincerel , Eric Higuc , P�A�id CamdenPlacoard of Directors CC: Tustin City Council William Huston, Tustin City Manager Christine Shingleton, Tustin Assistant City Manager Pamela Stoker, Tustin City Clerk Columbus Square Community Association Board of Directors Cambridge Lane Neighborhood Association Board of Directors Meriwether Neighborhood Association Board of Directors Donna Kelly, Lennar of California Shaun Bradley, Meta Housing Corporation Brian Doyle, President, William Lyon Homes Southern California Kapadia, Reina From: Binsack, Elizabeth Sent: Monday, January 18, 2010 10:53 AM To: Willkom, Justina; Kapadia, Reina Subject: FW: Reject Lennar's Proposal to Change 240 Units From Ownership to Rental Tenure ECzzabetkA. (Binsack Community Devekpment (Director City of Tustin 714-573-3031 From: Sowder, Debra Sent: Monday, January 18, 2010 8:57 AM To: Jerry Amante Cc: Binsack, Elizabeth Subject: FW: Reject Lennar's Proposal to Change 240 Units From Ownership to Rental Tenure From: Jeffrey Enes [mailto:jeffenes@yahoo.com] Sent: Saturday, January 16, 2010 2:22 PM To: Amante, Jerry; jnielson@tustinca.org; Davert, Doug; Palmer, Jim; Gavello, Deborah Subject: Reject Lennar's Proposal to Change 240 Units From Ownership to Rental Tenure Dear Tustin City Council Members, I am a Tustin homeowner in the Columbus Square community (resident for 3 years) and oppose Lennar's request to change the planning for Coventry Court (a nine acre site located on Lot 265 of Tract 16581 with 240 units of senior housing) from ownership to rental tenure. Lennar's request will be discussed at the January 26, 2010, Planning Commission meeting. In my opinion, Lennar should not be allowed to change tenure after disclosing to myself and other current Columbus Square homeowners that all of the housing within Columbus Square would be for -sale. I hope to persuade the Planning Commission and you that Lennar's proposal is the wrong way to go about planning for senior rental housing in our city. There are a number of questions that might be asked by the City Council and Planning Commission regarding Lennar's proposal. Would such a change in tenure be a "taking" from current homeowner community property rights? Would rental tenure mean that renters have use of the community facilities and if so would the renters be required to pay into homeowner association fees to maintain these facilities? Are there community facility district (CFD) taxes associated with this site and if so would the landlord continue to be responsible for this site's fair share of the CFD tax burden? How would the community's noise, pedestrian and vehicular traffic, and lighting change if Coventry Court were a rental project? Would the rental tenure be for a period of time (ie until the for -sale housing market improves) or indefinitely? Will the rental tenure be age -restricted? Could a non age -restricted ownership tenure be considered as a land use alternative if the current zoning is no longer economically feasible for the developer? I hope the questions above are analyzed in detail before the Planning Commission and City Council acts. I believe the answers will indicate that adding a rental tenure project to an existing for -sale housing community will negatively affect the current homeowners. Rental tenure, especially senior affordable housing projects, is an important part of our city's housing planning but residents should be aware of the planning in their community prior to purchasing into that community and be justly compensated for a taking of community property rights. Lennar's proposal will unfairly add more of a burden to the existing homeowners. Please reject Lennar's proposal to change Coventry Court from ownership to rental tenure. Sincerely, Jeffrey Enes Tustin Homeowner Columbus Square Community ADMINISTRATION January 16, 2010 Lee and Wanda Whiteley JAN 18 2010 15201 Covington Street Tustin, CA 92782 RECEIVED (714) 323-0074 Honorable Mayor and City Council Members, We are residents of Tustin in the Columbus Square community of Tustin Legacy. We have recently learned that Lennar Homes has requested the City of Tustin to change Coventry Court from ownership to rental per Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003. It is our understanding after much research that the purpose of this requested change is to support the sale of Coventry Court from Lennar to META Housing Corporation, and to help Lennar and the City meet and comply with their phasing schedules in this down turned economy. Obviously, this change favors Lennar, the City, and META; however, I'm deeply concerned that it will have a very negative impact on the well being of my family and the entire community of Columbus Square for the following reasons: META, as the owner / manager of the apartment complex will have their share of HOA dues reduced from the now current 240 shares (one share per unit) down to 120 shares. Simply said this is a 50 percent reduction of their HOA fees. The balance of these HOA fees will be redistributed evenly between the actual Homeowners Columbus Square. Based upon a meeting between the homeowners and Lennar at a recent HOA Board meeting held in December it is our understanding this will increase Homeowners HOA fees by approximately 15 percent! The voting rights of the apartment complex owner (now and in the future) will be 120 votes. The control of that many votes by one entity was never contemplated by the drafters of the current HOA documents and/or the CC&R's. One entity with that voting right will effectively control the HOA board, and this is unacceptable to the homeowners of Columbus Square. In addition our quality of life and the general welfare of this community will be jeopardized by this change. We have spoken with virtually all of the homeowners at Columbus Square in regards to their purchase process. We have learned that every single one of them asked if there would be rental properties in this community. The unanimous answer from both Lennar and William Lyon was "NO". Proof of this was a review of the previously approved CUP's specifying ownership through out Columbus Square. As indicated within the Planning Commission Report the applicant, Lennar is stating that this request is primarily due to their forecast of the housing market. It's their opinion that changing from ownership to rental is beneficial to all for the follow reasons: It will accelerate the construction and delivery of the required 153 affordable units with Coventry Court ". If the project were to remain as for -sale units, the current market and construction schedule would place delivery of the affordable fordable homes beyond mid -2012, and if allowed as rental, the affordable apartments would be available in the marketplace with the completion of the project. Construction of Coventry Court as a rental project allows the reaming market products within Columbus Square to comply with phasing schedules that require complementary delivery of market-rate and affordable products. Coventry Court is located on a prominent parcel of Columbus Square; the completion of the project would demonstrate completion of a sign icant portion of Tustin Legacy. The Change in tenure does not necessitate a major change to the proposed plans. Once again while the developers and city will benefit from these justifications it will be the homeowners of Columbus Square that will be adversely affected. As new homeowners within Columbus Square we are already enduring the hardships of a floundering economy and the extreme downturn in the housing market. We are carrying massive mortgages based on the over inflated housing prices we paid to live in Columbus Square. Many of our homes cost a million plus dollars before hardscape and landscape improvements. We our paying standard property tax as well as huge mello roos tax Our parks and schools are not being built as promised. The parking in Columbus Square is not adequate and we have been working with our HOA for over a year now to find a way to improve it. The value of our homes is plummeting. Most of us can't sell our homes even if we wanted too, not to mention get out of our mortgages loan right side up. We are stuck here. All that being said, we love where we live, and we believe that in time everything will shake out. That being said, we hope the developers and the city will share this burden with us, by waiting until Coventry Square will work as for-sale units,2012 is not far away! We can't sell our homes so what's the difference for a developer like Lennar that can't build and sell there units, or the City trying to meet its schedules and quotas in a downturned economy? All we are doing is asking the city to understand our concerns, our hardships and not allow Lennar to add to this already overwhelming negative situation. We understand this request is most likely legal, but it is far from the right thing to do! As homeowners we made the decision to live in Columbus Square, and based on our decision we are staying the course and doing best we can to survive these turbulent times. It's hard enough as is, but this request to change Coventry Court to rental is the straw that will break the camels back! In closing, the homeowners at this community are educated, articulate, knowledgeable, united and devoted to this cause. We currently have over 1,300 voters in our community, and we are your constituents. We are certain you recognize the proposed use of this application creates an undue hardship and burdens on our families; increases our financial responsibility, and increases our parking problems. We ask of each one of you to deny Lennar's application, and request them to consider a legitimate business solution to the situation. A solution that is fair to us the Residents of Columbus Square. Thank you in advance for making the right decision. Sincerely; Lee and Wanda Whiteley Stop Coventry Court Rentals Residences of Columbus Square Tustin, CA. 92782 949-5334361 Planning Commission Members, We the residents of Tustin in the Columbus Square community of Tustin Legacy, have recently learned that Lennar Homes has requested the City of Tustin to change Coventry Court from ownership to rental under CUP 09-024. Lennar and the proposed developer, Meta Housing Corp., are contemplating the incentive / condition that Meta, as the owner / manager of the apartment complex will have their share of HOA dues reduced from the now current 240 shares down to 120 shares. The balance of these HOA dues will be redistributed evenly between the balance of the homeowners. This will increase homeowners HOA dues by approximately 15%. This is based upon the homeowner / HOA board meeting with the Lennar representatives in late December of 2009. Also, as part of this deal, the voting rights of the apartment complex owner (now and in the future) will number 120 votes. Control of this many votes by one entity was never contemplated by the drafters of the HOA documents or the CC&R's. One entity with that large of a voting block will effectively control the HOA board. This is unacceptable to the homeowners of Columbus Square. We understand that matters between members of an HOA are not under the purview of the Commission but you must also understand that, at this point in time, our HOA board is still populated with a majority of Lennar and William Lyon members. Any action taken at this point in time is fully under the control of the developer. Our quality of life and the general welfare of this community will be jeopardized by this proposed change. Having this project sit idle is not detrimental to the community. Adding undue economic hardship and the future loss of control of our HOA board will be detrimental. Our economy will rebound, and the sale of these Condominiums will happen. It may take some time, but we, the homeowners of this community, have invested a huge sum of our life savings into Columbus Square. We are not in it for the short run, two to three years goes by quickly, and this project will be standing for 50-75 years if not longer, as will any actions in the future by a board controlled, for the most part, by one entity. Also, parking is at a premium in Columbus Square. We feel that the existing traffic study does not take into account the real issues that have surfaced with the build out of our community. We request that the parking variance not be granted and that a condition be placed on Coventry Court to fully contain all residence parking in the confines of Coventry Court. We request that a separate parking decal program be required to insure that these two projects stay separate and distinct. Per Section 9291 "Use Permits" subsection c, the Planning Commission Decision on any CUP type action must find that the "establishment, maintenance or operation of the use" will not be "detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of the proposed use". The application before you does not meet that standard. It is in fact very detrimental to the general welfare of the residences of Columbus Square. Additional fees being pushed from one parcel owner to another cannot be anything other than detrimental. The potential loss of control of the HOA board by the broad section of homeowners is also another extremely detrimental outcome of the action before you. As such you must deny this application in its present form. We thank you for your consideration in this matter. Sincerely, Tab & Sarah Johnson 1445 Charleston Street Tustin, CA. 92782 Planning Commission Members, I am a resident of Tustin in the Columbus Square community of Tustin Legacy. We recently learned that Lennar Homes has requested the City of Tustin to change Coventry Court from ownership to rental. This will allow 240 apartments to be built and rented. If you aren't aware of the situation you soon will be. Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03- 003 to convert Coventry Court from ownership tenure to rental tenure are on the Planning Commission's calendar in the month of January. This deal is being struck between Lennar and the proposed developer, Meta Housing Corp., with the incentive / condition that Meta, as the owner / manager of the apartment complex will have their share of HOA dues reduced from the now current 240 shares down to 120 shares. The balance of these HOA dues will be redistributed evenly between the balance of the homeowners. This will increase Homeowners HOA dues a approximately 15% base upon the homeowner / HOA board meeting with the Lennar representatives in late December. As part of this deal, the voting rights of the apartment complex owner (now and in the future) will number 120 votes. Control of this many votes by one entity was never contemplated by the drafters of the HOA documents or the CC&R's. One entity with that large of a voting block will effectively control the HOA board. Elections do not have a good track record of voter turnout. If a 30% turn out is ever achieved, the apartment owner will have 120 votes of the 243 votes that would be cast. This is unacceptable to the homeowners of Columbus square. Our quality of life and the general welfare of this community will be jeopardized by this change. I've spoken with more than enough homeowners at Columbus Square to learn that most in the process of their home purchase asked a very similar question: "Will there be any rental properties in this community?" The answer each one received from the builders was "NO". This proposed application is unjust and poses additional financial obligations to the existing homeowners in the name of profit for Lennar and Meta. The general comfort and welfare of the persons residing in the neighborhood is being put at risk by the potential loss of control of their HOA board. Having this project sit idle is not detrimental to the community. Our economy will rebound, and the sale of these Condominiums will happen. It may take some time, but we, the homeowners of this community, have invested a huge sum of our life savings into Columbus Square. We are not in it for the short run, two to three years goes by quickly, and this project will be standing for 50-60 years, if not longer. I urge you to reflect on the ramifications this proposal has on us, the 760 households / homeowners, who are voters and your constituents. The homeowners of Columbus Square are educated, articulate, knowledgeable, united and devoted to this cause. I ask of each one of you to deny Lennar's application and request them to consider a legitimate business solution to the situation. s Sincerely, fi; Columbus Square Zone Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. 1. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent! 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project developers Lennar and META to be denied. We, the undersigned, do not wish to have his t ee-community built within our current community: C ( (` L Print name and skg a re Print name and sigWure % Print name and signature Homeowner address Homeowner address Homeowner address Petition against Converting Coventry Court from Ownership 1 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Print name and sgnafure Print n3me and sign ture Print name and signature Print Aame an ignature1 G -e-411 i Lc Pontani nt q and sig ature �— >k � PI•int nameiand signature ,, Print name and signature Print name and signature Homeowner address Homeowner address Homeowner addir6ss Homeowner address Homeowner address G- r Homeowner address rV Homeowner address Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Petition against Converting Coventry Court from Ownership 2 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FI'M) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from Ownership tenure to rental tenure. Columbus Square Zone 2— Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. 1. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent! 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project developers Lennar and META to be denied. We, the undersigned, do not wish to have this type of community built within our current community: .. A-. v"l 2_14 Print name and sign tre Homeowner address Print name and signature Homeowner address OU Print named signature , Homeowner address Petition against Converting Coventry Court from Ownership 1 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FfM) 16581, and Concept Plan (CP) 03-003 to wnvert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone �-- J!'U 4% T Print.`name and sigDature Prin4na and signature ......_....... Print ame andign- re Print name and sic, azure Print name and signature 1 Print name an stgna ure not name and signature At11e► Print name and signature - _ Print name and signature 6Ail Print name and signature Print Print name and signature n_V- Print name and Homeowner address 71" Homeowner address Homeowner address Homeowner address j7r Homeowner address ikzd Homeowner address CS,W `9 ��-,f Homeowner address Homeowner address lit(1 Homeowner address 7 -- Homeowner address 2 - Homeowner Homeowner address Homeowner address / 5z1 D rhuxn a e. 4 .:> eowner address Ho ' wner address Homeowner address Petition against Converting Coventry Court from Ownership 2 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Print namx and signature Homeowner address Print name and signature ,,/ Print name and signature Print name and sibalure Print name and signature �tI jj Print name and s' ature Z40 Pril'it name and signature n g ?jYj�(�� ,` Homeowner address C� A . Print name nd"si T a �r Print name and signature Print naive and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Homeowner address 11. leowner address v Homeowner address ii10 Homeowner address 27 Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Petition against Converting Coventry Court trom Ownership 3 'tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024. and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. ;7 Columbus Square Zone Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. 1. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent! 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project developers Lennar and META to be denied. We, the undersigned, 1 do not wiM to ham this type of community built within our current community: print name -Ljnature Homeowner address Print namQ a'n.d sIg"Qatur4- Homeowner address Print name and signature Homeowner address Petition against Converting Coventry Court from Ownership 1 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Print name and signature L4t Print name and signature .�1GY1111"11 ht fj L�(��jitil�%,ti A Print name and signature ti1U,6ti1 Print nan e and signature Print name and signature. --'--- Homeowner address Homeowner address Homeowner address (uo �wa 56n 5V Homeowner address Homeowner address Print name and signature lAomeowner address �j �'e'AY- .� ; Columbus Square "Lone Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. t. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent! 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that th77munity 'r posed application converting Coventry Court to rental tenure, project develornar and META to be denied. We, the undersigned, do not wish to have this typ, of built within our current community: cu � D�: _ . Print name and signature Homeowner address tC,, i l L T � Print name and signature Homeowner address 5IQA -Alh �!!� 1 _ �addrc Printname and stgnatur Homeown Petition against Converting Coventry Court from Ownership 1 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court From ownership tenure to rental tenure. 1-1 Columbus Square Zone 1� �� �I iG(�) .{% Z.C" L� c—�"C�GJ ��� l� ��'� f a� C4 [ G 7C c— Print name ansi nature Homeowner address 1 1 t l LA, -, A Print name and signature Homeowner address cl el 04 Print name and signature Homeowner address l RUc-4Di KJGuya � ' t ��_ S ! � ✓� z7Yz -S G/ l Print name and signature Homeowner address Print name and signature `7 70 Print name and Signa Print name and signature Print name and signature Prit nt name and signature fv-' Pi•i name and signature Print name and 46ature Print name and signature Print name and signature Print name and signature Avner address Homeowner address Homeowner address Homeowner address t S-7- o f V oy{ � L y I (A Homeowner address IS k Homeowner address Homeowner addr ss (LH CIJ .Y Homeowner address Homeowner address Homeowner address Homeowner address Petition against Converting Coventry Court from Ownership 2 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Nlap (FTM) 1658t, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rentaltenure. Columbus Square Zone Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Fina( Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families, increase our financial responsibility, and increase parking problems. 1. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent! 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, projecfdevelopers Leanar and META to be denied. We, the undersigned, do not wish to have this type of community built within our current community: �CI C; \._ Print name and st ature Homeowner address �J Y Pri name and signature _KW �E �C1�� Print name and signature [� 7� /r� � I •��t��—��L�"t-ems%� L2 Homeowner address Homeowner address 1 t Petition against Converting Coventr} Court from Ownership 1 t enure to Rental Tenure Conditional Use Permit (CUP) 09-024. Design Rex,ievr (DR) 09-024. and Amendments to the Final Tract Map (FTM) 16581. and Concept Plan (CP) 03-003 to convert Covemn Court from oxcnersiup tenure to rental tenure. Columbus Square lone Print name and signature Homeowner address Li Tv Print name and signature Print name and ignature Print naudsil�t€- Print na e and si,7nature r „ !�'�O r..t 1 , P # l+LUA q N Print name Pri na air si�ntre ``-�� -tits-: Ar�1 vl 1)I 1,0� Prill na an signature Snn4 )WeOgfrlature Pri Homeowner address Homeowner address address Homeowner address > . Homeowner address 4Z it 9 / � q I �,U A2LE�tJ Y-t(sI rrk) Homeowner address tSal Geeri.j 6s%-TUs4�j CA 9't482 Homeowner address Homeowner address 1-5� 3 Cod 1 n C� . Homeowner addre s Homeowner address i X20 (o (,v,, -,1j Homeowner address r ��� sz�� (1aNluyvts T W Print na e and si nature Homeowner address Print name and signature Print name and signature Print name and signature Homeowner address l5 Z1� �a �Ti�! Homeowner address -2�-i -k2-& Homeowner address �S �� TbVrK S oS zh (,6 Petition against Converting Coventry Court from Oevnership 2 Tenure to Rental Tenure Conditional Use Permit (CIDP) 09-024. Design Review (DR) 09-024. and Amendments to the Final Tract Map (FTM) 16581. and Concept Plan (CP) 03-003 to convert Coventn Court from ownership tenure to rental tenure. Columbus Square Zone J PV'nt�ame and signature Homeowner address �SZol ONI,jC-Tc,.-jST, -To sT1J Prinamore q7d signature Homeowner address PrintAT�frnc and signature rTin9C. hQ..J� Print ie and signature Print name and signature ti Print name and signature IMC6,011 PIrint name and si t re Print c me�A s ,-nature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature J44e`16� Jess f-,-, S7 Tu- 1 ``-' c_ �} 'y Z j 2 Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit(OW)09-024. Design Review (DR) 09-024. and Amendments to the Final tract Map (FTM) 16581_ and Concept Plan(CF)03-003 to convert Coventn Court from ownership tenure to rental tenure, Columbus Square Zone Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. 1. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent! 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project devglopers Lennar and META to be denied. We, the undersigned, do not wish to have thins type1community built within our current community: Print name and signature i Print name and sign,ture Homeowner address Homeowner address Print name and signature Homeowner address Petition against Converting Coventry Court from Ownership l Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone 'N' Print name and signature Homeowner address I Print name and signature Homeowner address V t L_ Print name and signature Homeowner address Print name and signature, j - Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address % Homeowner address Homeowner address J Print name and signature Homeowner address Print name and sig.nature Print name and signature ,_) T, Print name and signatures` Print name and signature Homeowner address Homeowner a ,Jdress /* Homeowner address FWne'wkner' -a'ddress Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Print name and signature' lj A f"o ij,� A Print name and signature Print name and signature Pria,name-,atid signature Print name and'slin4ture iI Print name and signature j - Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address % Homeowner address Homeowner address J Print name and signature Homeowner address Print name and sig.nature Print name and signature ,_) T, Print name and signatures` Print name and signature Homeowner address Homeowner a ,Jdress /* Homeowner address FWne'wkner' -a'ddress Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Print name and signature V, Print name and sigAature Iq Homeowner address Homeowner address j 1, l�rint'name and s gri re Homeowner address ?y I V (� i. /� C 4 I �f? Zl L.i..' i, V �t"��_�\.l-� �`.•: Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Petition against Convening Coventry Court from Ownership 3 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024. and Amendments to the Final Tract Map (FTM) 16581, and Concept plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent! 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project developers Lennar and META to be denied. We, the undersigned, do not wish to have this type of community built within our current community: _�� .f. Y c.l� Print name and signature Homeowner address "' Pnt,°name d stgn Homeowner address Print name and signature Homeowner address Petition against Converting Coventry Court from Ownership 1 Tenure to Rental Tenure Conditional t?se Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Vcln �:�t� �i� �a�nw,(•�,� s1 k.u:n� �`� �til�w� t��vv.. `y J " t�� � � io -Ka:�1 `t�'s� C�,ai o .,- i ��s •hl'� � C� Print name and signature Homeowner address Print name and signa' re r Homeowner ad re -ss Print name and signature Homeowner add s�r s Print n hue and signature Homeowner address Print name and signature Homeowner addressjZ.1 ?- r i Print name and sign re Homeowner addres Print name and signature Homeowner address Print name and sig ture Homeowner address) l C, V 0 Print name an signature Homeowner address Print name and signature Homeowner address �"T 17'r -Int name and signature Homeowner addregs r Wl Print name an signature Homeowner address Print nala and signature U Homeowner ad& ss Print name and signal V Homeowner address C' r L-Ic te,I Print name and signature Homeowner address Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Perniit (CUP) 09-024, Design Review (DR) 09-034, and Amendments to the Final Tract Map (FTM) 1658 t, and Concept Plan (CP) 03-003 to Convert Coventry Court from o",nership tenure to rental tenure. Col bus Square Zone ~� 7/r'i�nnta e and signature t Print name and signature Print name mid signat Print name d signature Homeowner address �L��� Homeowner address 1 `f 3 ti Iy v Homeowner address y Z� v Zb0� A Yi 1 v f t Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Petition against Converting Coventry Court from Ownership 3 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Pian (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Y!Zt'l 1S'08 ata sty Columbus Square Zone h s Z t 520 Esc `l 5 Z , `{ Petition against Converting Coventry Court from Ownership t SQL Tenure to Rental Tenure k S Z CS �7 oConditional / a Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, Concept Plan 03-003 to Coventry Court from - z Z— and (CP) convert ownership tenure to tenure. SZCv rental Region: Tustin County: Orange Z Z� Z,l Target: Columbus Square Community t S Z l 5 t-! Background: —tom i Z A 240 units 55 + resident development, named Coventry Court located in Tustin's l S - Z Y Columbus Square community is proposed to be converted from ownership to an 197-08 U� Apartment rental complex. 153 of these apartments will be rented as Affordable Housing t 5 2 r under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate- sZ v�o income, 61 as low-income, and 36 as very low-income. tSZ� We urge the Planning Commissioners and City Council Members to deny the proposal S ZS Z i 5 3 for converting Coventry Court to rental tenure. This proposal will create an undue S Z hardship and burdens on our families; increase our financial responsibility, and increase ` parking problems. j S Z SG tsa?8 �Q 1. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire 1 SZ cjc.j �SZ Columbus Square HOA Board and the Direction of the Community. This 1 S 2 q 6, means the owners of the new apartment complex will be in total control of t,5 -2q3 our community! 2. Our HOA fees will increase approx. 20 percent! t 3 Z 3 1 3. Columbus Square will absorb SO percent of the Tustin Legacy apartment I S �Q requirements. This is not what we were told when we bought our homes. 5 ,l 4. All of this will have an extreme negative impact on our home values while t S Z 3 (� WV unjustly enriching the future developers of Tustin Legacy at the expense of S Z (J Columbus Square home owners. _7 k We, the undersigned, ask that the proposed application converting Coventry Court to Z Z 7 aQl rental tenure, project developers Lennar and META to be denied. We, the undersigned, t52 Z5y do not wish to have this type of community built within our current community: tSZ. Z 3 Prin n e and sig ture Homeowner address rfi 92-IZZ Print name and igna re Homeowner address IM pp— y M /�,-y, `'� ZS�f ks^ Sir H PG )c ►fir ► t/ -p C c2 9 Print name and signature Homeowner address Petition against Converting Coventry Court from Ownership 1 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Print name and signature Print name and signature Print na an s' ure �v Y L Print name and signature rROR� Print name and signature Lou" Print name and signature Print name and signatu Print name and signa re _ Print name and signature 1t kR/ SCHENA/Uw, I / Vint name and nat re int name and signature Ks', �S" Print na e d s gnature Print name Ad signature SUPKt"/ t 7,nrfVil Prima name and signature Print name and signature Homeowner address 15 ? :57/ Homeowner address Homeowner address 126-7 LAS -o4 M o N j w `f TI) K7 11Q,- 10 Iomeowner address q jis1"Yg OQMjrJq-9— Homeowner addrea 15 56 CU0�10n65e. � 1-T01vrt 92 -?2 -Z Homeowner address /5-2'4"Z- C4/tA&Qa6f 7u %-(Aj 4 Z -7 8Z Homeowner address I S a- 15--(,, /MS i M {M �� �-(� D�� TW* �01712- Homeowner address 3 /<�,� s,� _�,� �i -7zl'!5:4 d,, Homeowner address Is2 fK 7",ua'� CT 12 Z Homeowner addre Homeowner addressp7 Aa,� a�- D" . Homeowner addres Homeowner address 5.22 ) I rq-V-2-i �t fiJn art �r. 9 Z d2 Homeowner address Homeowner addres Petition against Converting Coventry Court from Ownership 2 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581. and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Print name and signature � / a jv% )(), 01)�fi A�— 1 7 - Print name and signature Print name and signature % rint name and signature Homeowner address rl ��/ 7 !l �h3�•,� 19� /ter/' //G' l ""'`�""v `mac. �j� iO� Homeowner address—D CA�'S_ Homeowner addr s � :'" 617 3-T . 92�if2. Homeowner address signaturV n� , Homeowner address e�lr 4 4/ t P int name and signat Print name and sivn ture Prinifaige and ssig a re Y\ E! (A k4 Print name and signature � Print name and signature ! 6ao� Lo Homeowner address Homeowner address I S -Z) O C av kr- Jc- S-% 11.j577n 9.)79 Homeowner address j ) 5 d-,2,2 C,� VK,4 V&e q �� (�- ��— Homeowner address I Sa.1 V 4" (am. l � `lam 7Via? Homeowner address Print name and ignature �� Homeowner addres Print name and signature Homeowner address i-���IM ��gt✓tv/SOVo s''l�� L ► 1 ru Print name and signature Homeowner address 5 Print name and signature Print name and signature 136 G7n'\6r1��� Homeowner address Homeowner address Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone" Print name and signature Homeowner address Print name and signature Homeowner address vkV.� w ��� 6132- CavvAbV�d&A�_ . ���lien OA Rz�-S'Z Print name and signature, Homeowner address t-jjt may a�a7C� ,s�o C�U�� i usfin CA aa7�2 e' .6' Print namand signature ��� ffmeowner address C pr- Print name and si ux Homeowner address f' . ti 9z 7e Z 46 N 4�5 } i�.�. IS2-y� 6 �.-��e� 6. -I'd Print name gna re Ae Homeowner address % 2 Print name and s V6 L-pv nt name and st Print name and signature! Print name add signat Y rint nameknd sig�1ove, Trint name and signatb'rQ ►y�iL�t TrA name and signature Print name and signature 0At5� a �. Print name and signature �.2-70Z iszfl k C4 a Homeowner addres 6z �e�lgiq ; - TO -4/9 C' 1'z Homeowner address Homeowner address j /SZ�S �l e�5f�✓in �c(r% %�� ! I�S�� �i� Q � %gam Homeowner address r S Homeowner address Homeowner address 2' t5 'till C N�/l..bVl.� l �'1UL+ kA q2_-7 1i'?.— Homeowner address i I NW e,� ire Homeowner address 148q 12 -702 -- Homeowner address Petition against Converting Coventry Court from Ownership 4 tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final'1'ract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. 1. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent! 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project developers Lennar and META to be denied. We, the undersigned, do not wish to have this type of community built within our current community: Print name and signature e , Homeowner acfdre— ss Print name and signature Print name and signature Homeowner address i'47ta IGr)4t.�tzry �1 Homeownetf addr(ss Petition against Converting Coventry Court from Ownership 1 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 1681. and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone it Print name and signature 1.t, Print name and signature Print ame andsignature iv Print name and signature/ , Print name and signature - Print nope and signature x Pry name,arriid s!gjlaiure Print name and signature I.1 C Print name and sig atuPrin-t name signatu �� rr r Print nye and signature `Print name and ignature r' Print name and signature Print name and signature Print name and signature Print name and signature 7 Homeowne address Homeowner address -%V Homeowner address A3 5 Homeowner address Ho>neownef address Ccl. vv\ Homeowner address Homeowner address Homeowner address Homeowner address } I n Homeowner address 1 L-, i -/( Homeowner address t Ay/ Homeowner address Homeowner address Homeowner address Homeowner address Petition against Converting Coventry Court from Ownership 7 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024. Design Review (DR) 09-024, and .Amendments to the Final Tract Map (FTM) 16581, and Concept Plan Will 03-003 to convert Coventry Court from ownership tenure to rentaltenure. Columbus Square Zone i Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. 1. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent! 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project developers Lennar and META to be denied. We, the undersigned, do not wish to have this type of community built within our current community: Nk :No Icy Print name and signature Homeowner addr s J {IAu — _ Print name and siunatu homeowner address �t rtiname and signature Homeowner address Petition against Converting Coventry Court from Ownership 1 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024; Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Print name and signature L r>nt nanie a d signature Print name and signature Print n ne and signature t�-e and signature Print name and signature Print name and signature aA Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature 05 Homeowner address I LA Homeowner address Homeowner address Homeowner address Homeowner a dress Homeowner address Homeowner address /13 w� Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Petition against Converting Coventry Court from Ownership 2 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final "frit Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rentaltenure. Columbus Square Zone !_I_ Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. 1. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent'. 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project developers Lennar and META to be denied. We, the undersigned, do not wish to have this type of community built within our current community: }{ F vii r��j -camst .N cA c)' --71:'Z_ Print name and signature Print name and signature Print name and signature Homeowner address vsoq, OW�� ���dwl C'\ �Z��'Z Homeowner adds Homeowner addr Y2, Petition against Converting Coventry Court from Ownership 1 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 1658I, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Print name and signature' Print name and signature Print name and signature 1�rint natbe �andsigna ure) Print namg and_ ' nature Print name and si ature Print name and signature I r k- � C,0 Print name and signature ,Ghi t 1 , I. Print name and signature Print.name and signature ��j �1���`)A Print name and signature Print name and signature r. 1w�fi�n Ag Homeowner address I Ho wner address Homeowner address i Homeowner address /y 6 0 t,1AtCPa,4 Homeowner address / f (--)0 �IIr 1,-b-, C Homeowner address uw,,,f,, Ave , Homeowner address Homeowner addres 1TW Homeowner a dress Homeowner address ` j ton Homeowner addre s (/ Homeowner address int name and signature �(�'�'��'` Homeowner address 1 C111, int name Ad signature Homeowner address int name and signature Homeowner address Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024. Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) [6581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rentaltenure. Columbus Square Zone Print name and sig at e Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature Print name and signature t 01---, W r(4f - - Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Petition against Converting Coventry Court from Ownership 3 Tenure to [cental 'Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure_ Columbus Square Zone i Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning CommissiQners and City Council Members to deny the proposal for converting Coventry Court to Peiltal tenure. This proposal will create an undue hardship and burdens on our familles;increase our financial responsibility, and increase parking problems. 1. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Diction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent! 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project developers Lennar and META to be denied. We, the undersigned, do not wish to have this type. of c n ity built within our current community: Print name and mature ' g / � Homeowner address TU,) V-i� 6,4 IC'IY\ Print name and (1, 7-11 l -',"de" �4Y Homeowner address I4G Vq-t�GiA �t/�iJul" , 7 -OS -04 cA 2 ?S2. Print name and signatore Homeowner address Petition against Converting Coventry Court Goin Ownership 1 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court t"rom ownership tenure to rental tenure. Lolumbus Square /one L Print name and ai„natLire Print name and slanature Hoi eowne address r ` 1 {onleov,Per ad -dress /I -- Print I --Print name amo;Inature Homeowner address �— Print name and si�rTdiure Hotpeowner address ,' , , ��^ U � � ; :�rJG�✓�--( 9 �� sy” Z�-- I - C i C;°�� C,.—fie; _ / Print name And signature Homeowner address F Print name and siana�bre - Homeowner address Print name and signature I lomeowner address Columbrls Square Zone T. J Print name and signature Print name and'slonatUre Print flame and signature I fomeowner address Homeowner address �— — Homeowner address Print name and sionature i-Iomeowner- address Print name and signature Print name and si,nature Print name and signature Print name and si<"nanire ---- D._:... . --.-- - - - Homeowner address Homeowner address Iiomeowner address I lomeowner address Columbus Square "Lone i Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. 1. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent'. 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project developers Lennar and META to be denied. We, the undersigned, do not wish to.havethis type of community built within our current community: r `I i .V•, Pr nt name and signature Homeowner address c'41(i,.G Print namrd and signature Homeowner address I� �-�yA II) 21c, Print name and signature Homeowner address Petition against Converting Coventry Court from Ownership 1 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024. and Amendments to the Final Tract Map (FTM) 1681, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone t)-v�LT Prjntj`ame-and signature Print name and signature J Pri rO n'a-ii-le and sib 67dature Print name and sign4ture it Print nale and signature" Print name and signature Homeowner`� address Homeowner address C, Homeowner address CE k YAG. - Homeowner address q q rV I y Lj 41-1 Homeowner addr, ss ' Homeowner addres.,,,_� �7, Print name and signature Homeowner address We I Print name andsignature Homeowner address , Lig Az, %, 7,-, Print name and signature Print name and signat44,re, Print name and signatuA Prir ,�Ig iarne,and- gnat re Print name and signature Print name and signature Print name and signature Homeowner address Homeowner address �Je to Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CII) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 -',- resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. t. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent! 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project developers Lennar and META to be denied. We, the undersigned, do not wish soave this ty community built within our current community: ti ,7 Print name and si�nat>dre Homeowner aciclrecc — b Y C, Print name and signature -f' .� I o �:*c ._Nzr i. '�-� Print natnle-' nd si e -- _ FeA lu Homeowner address 1 5?16 ,,,2Xy-.,� 1, � r Homeowner address' Petition against Converting Coventry Court from Ownership 1 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Print name and sign t e Print name and signature Print name and signat Prin name and signature Print name and sigi(Jure Print name and sig ur., 1-,5'2 2 2 Cc.i E -S L C uc c y Homeowner address 16-,9- 1 t-}- L") 1 S L L_ 1c i,,- A, -f Homeowner address 15-44.0 W&q k L. -/W Homeowner address Homeowner address 6 (tet ✓VA l t-) Cc W Homeowner address --- Homeowner address Print name and signature Homeowner addr ss Print name and signature Homeowner add ess Print name and sionatur Homeowner address Print na e and s gnature Print name and signature Print namd and signatures LIJ Print name and ienature Print name and §ignature Print nan e ansignature Y /f fG�'� Homeowner address X/o/ LLCLA-tj� Homeowner address Vv Ho` eon address iq-fA Homeowner address WAI, ) Homeowner address No(, �J1 PEL6 t, W a Homeowner address Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone lInrt�7nanZie and signature Print name and signature Print na and sigP re L._1 Print name and sig'nature,�` A� I ` Z2 I SPE,,4Til Homeowner address Homeowner address "ez5z"6 /C Homeowner address Homeowner address (7 -� '11!z 3y 4SZut:: Print name and signatur omeowner address , rint name and signature Homeowner address 14PA i (t'� a-) nW%-)J Print a e¢ sig atur��i Homeowner address t,, } t✓ Print name and signature Homeowner address � ��✓I Lr7%7���y1<14'Il1d Print name and signature Print name and signatur 'AMr�ilAc�'�'�t�►wAn,t Print name and signature ^1.1 L -F Yui? ? ' �•f� ! `s r Print name and signature Print name and signature Print name and signature � `-O rrv-U Print name and signature i T 1)Y 'Vol (et'(i A .ILe-OV � Homeowner address s �s vc ; , Jji Homeowner address 1 z Homeowneraddress 4 Homeowner address ut,/)�i Homeowner address S , Homeowner address N-�g Homeowner address Petition against Converting Coventry Court from Ownership Ienure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone i Print name and signature Homeowner addres 5�� Com' 927 Z Print nam mature Homeowner address G �i,�qA A- 1_ i S -Z-ZZ its -y a Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Petition against Converting Coventry Court from Ovaroership 4 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-424, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone /,�_ Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. I. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent! 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project developers Lennar and META to be denied. We, the undersigned, do not wish to have this type of community built within our current community: Print name and signature Homeowner address Print Homeowner address Homeowner address Petition against Converting Coventry Court from Ownership 1 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. 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Print name and K ature Homeowner aJdress Print name and ign u e Homeowner addres )-'Lrz' N� - 1 S2 Gly t; Print name and sig -nature Homeowner address Petition against Converting Coventry Court from Ownership 3 Tenure to Rental Tenure Conditional Use Permit (CUP) 094)24, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Don Ba✓4bI„4,QI4-r'__ �SZ►1 CA�r� 1 °r1 (�`�"% Print name and signature Homeowner address elm you” CJLA Print narrie and s nature Homeowner address L i N Q5yM ft{)N Dd�� Print name and signature Homeowner address j4 CAVO _ 1s2Zo �,A:�A-q 5�� V4t/ Print name and signature Homeowner address r / Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Petition against Converting Coventry Court from Ownership 4 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rentaltenure. i Columbus Square Zone Petition against Converting Coventry Court from Ownership Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Region: Tustin County: Orange Target: Columbus Square Community Background: A 240 unit 55 + resident development, named Coventry Court located in Tustin's Columbus Square community is proposed to be converted from ownership to an Apartment rental complex. 153 of these apartments will be rented as Affordable Housing under the Section 8 Rental Agreement. Of the 153 units 56 will be rented as moderate - income, 61 as low-income, and 36 as very low-income. We urge the Planning Commissioners and City Council Members to deny the proposal for converting Coventry Court to rental tenure. This proposal will create an undue hardship and burdens on our families; increase our financial responsibility, and increase parking problems. 1. META the owner of Coventry Court apartments will have 120 votes at future Columbus Square HOA meetings. This will most likely control of the entire Columbus Square HOA Board and the Direction of the Community. This means the owners of the new apartment complex will be in total control of our community! 2. Our HOA fees will increase approx. 20 percent'. 3. Columbus Square will absorb 80 percent of the Tustin Legacy apartment requirements. This is not what we were told when we bought our homes. 4. All of this will have an extreme negative impact on our home values while unjustly enriching the future developers of Tustin Legacy at the expense of Columbus Square home owners. We, the undersigned, ask that the proposed application converting Coventry Court to rental tenure, project developers Lennar and META to be denied. We, the undersigned, do not wish to have this type of community built within our current community: Print name and signature Homeowner add s II i —� Print name and signature Homeowner address ZL L -z- i ,rr (,'Tr v S j SCJ jJ ),,j Print name and signature Homeowner address Petition against Converting Coventry Court from Ownership 1 Cenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. Columbus Square Zone Print name and signatur 1-4 Print n me and signature Print name and signature �'� j ice\ Print name and signature r , Print nami and signature t Print nanfKand signa Print name and signature Lel C", 11'cL Vt Print name and signature Print name and signat4re Print name and signature F� LCxl' Homeowner address 1 Homeowner address 4 47 Homeowner address fto�eowner address r Homeowner addss l t Homeowner address Homeowner address Homeowner address Homeowner address Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Print name and signature Homeowner address Petition against Converting Coventry Court from Ownership 7 Tenure to Rental Tenure Conditional Use Permit (CUP) 09-024, Design Review (DR) 09-024, and Amendments to the Final Tract Map (FTM) 16581, and Concept Plan (CP) 03-003 to convert Coventry Court from ownership tenure to rental tenure. ATTACHMENT D Letter from Lennar "RE: Summary of Coventry Court Presentation to Columbus Square Community Association Meeting on December 16th" January 5, 2010 Ms. Elizabeth A. Binsack Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 RE: Summary of Coventry Court Presentation to Columbus Square Community Association Meeting on December 16"' Dear Ms. Binsack: The following represents a summary, prepared by me and submitted to the Columbus Square Community Association Board Members as well as Merit for their concurrence that this fairly represented the presentation and discussions that evening. Lennar and Meta Housing representatives presented the proposal we have before the City of Tustin to build Coventry Court as an age -restricted rental community instead of an age -restricted for -sale development on Wednesday evening, December 16th at their regularly scheduled HOA meeting. Approximately 20 residents were in attendance in addition to the Board of Directors. One resident, Eric Higuchi submitted a list of questions prior to the meeting (attached) that he wanted answered. Meta responded to the operational aspects of Coventry Court moving forward. In addition to describing that the built environment was proposed to be exactly the same as a rental community and answering the questions posed by Mr. Higuchi, the following items were discussed: • We shared the reasons for lack of success in selling Coventry that led us to request the change from ownership to rental. • Mello Roos tax assessments would be paid the same as if the community remained as a 'for -sale development.' The HOA Assessments could increase due to the proposal as the rental community would pay an amount equivalent to 50% of the monthly Common Assessments. The apartment community would also have voting rights equivalent to 50% of the total units within Coventry Court. We discussed that this was a consistent approach within Master Planned Communities for a rental parcel. It was also acknowledged that consistent with DRE regulations, the increase would require the approval of the residents if the amount of the increase was more than 20%. The community is currently operating under the initial DRE budget. • Questions were answered relative to when all development might be complete and when Lennar specifically was complete. 25 Enterprise, Suite 200, Aliso Viejo, CA 92656 • Phone: (949) 349-8000 • Fax: (949) 349-0798 Aside from the obvious concerns with increased HOA Assessments, existing on -street parking within the community and on -street parking within Coventry appeared to be an issue that was concerning the residents relative to the Coventry development regardless if it was rental or for -sale. For some, since the community was initially envisioned as for -sale, there was disappointment that Coventry would not remain for -sale and fear relative to rental in general. There was some mixed support or understanding for the proposal to build Coventry as a rental community. While all would rather that Coventry remain a for -sale community, most of those residents who might be considered supportive appeared to see value in the completion of Columbus Square and did not appear overly concerned that the rental component was detrimental to their community. Lennar committed to bring forward to the Planning Staff, a request by one resident (Mr. Eric Higuchi) that the parking ratio for Coventry be further reduced to 1.58 parking spaces to eliminate the 28 on - street spaces on Charleston. The request would not eliminate any parking on Charleston but is intended to restrict Coventry Court from utilizing these spaces in their parking analysis/allocation. When the Board wanted to close this portion of the meeting, a few residents indicated that they had outstanding questions. When Lennar indicated they would be willing to answer any remaining questions residents may have for us, they then indicated they would attend the Planning Commission meeting and ask their questions there. In speaking with the Community Activities Director for Villages of Columbus, a Merit Property Management Associate, outside after the presentation portion of the meeting, Meta offered to provide additional marketing materials to her that identify operations and activities that are typical to their seniors communities to further confirm that the seniors have a full range of amenities and activities and function primarily as a stand-alone community within the larger Village of Columbus Square. As was obvious in the Planning Commission Meeting of December 8`", the residents were clearly upset that they had not received advance notice of the plans to change Coventry from for -sale to rental and wanted to be kept informed about future changes and city meetings. While there was not a sign -in sheet at the meeting, Merit committed to distribute an email blast to all owners within Columbus Square, regardless of their distance from Coventry Court as to the upcoming Planning Commission and City Council meetings. This email distribution would notify the great majority of the residents within the community. At the meeting we provided the following dates and have learned since that the target date provided for City Council is incorrect. The construction and occupancy dates we presented are likely aggressive by 3-5 months. January 26th, 2010 — Planning Commission February 23rd, 2010 — City Council (Incorrect Date Provided) February 16th, 2010 — City Council if approved at Planning Commission (Accurate Target Date) June 2010 — Anticipated start of construction prior to continuance at Planning Commission January 2012 — Estimated First Occupancy December 2012 — Estimated to be Fully Leased / Occupied Please let me know if you have any questions. It appears that the community will be well represented at both the Planning Commission and City Council meetings. 25 Enterprise, Suite 200, Aliso Viejo, CA 92858 • Phone: (949) 349-8000 - Fax: (949) 349-0798 L A R.Go Drafted by Eric Higuchi December 15, 2009 General Questions 1. What is the current schedule for the senior living neighborhood (Coventry Court)? a. Planning commission approval b. City Council approval c. Start of Construction d. First Occupancy e. Last Delivery 2. What are the estimated rental rates for the affordable and market rate apartments? 3. When does Lennar anticipate selling these as condominiums? 4. Will individuals younger than 55 be able to live in a unit as long as there is an occupant older than 55 in the unit as well? 5. How will Lennar enforce a 55+ age restriction? 6. Will occupants at Coventry Court have access to the main Columbus Square Clubhouse? 7. Can you provide the community with a copy of the draft CC&R's for this neighborhood? Will renters be provided a copy of the CC&R's? Entitlements In my opinion, the approved senior living product type is not appealing to Lennar's targeted market due to the Southern California active adult's preferences for: • an SFD home as opposed to an attached home • a single story, on -grade home as opposed to a two-story home or a unit accessible only by stairs or elevator • an attached two car garage Considering all these critical deficiencies in your product's design, I believe it's quite possible that this will not be a successful project for Lennar. Therefore, it seems that the preferable course for Lennar would be to build a lower density product type on the site (Meriwether?) in order to be able sell units at a higher price point. I understand that there are hurdles to be overcome in regards to entitlements, therefore, I would like to know, how can the community can work with Lennar and the City of Tustin to revise the entitlements to allow for a product type that will be.best for your bottom line In addition to our community. Alternatively, can Lennar seek approval to increase passive open space and on-site parking by only building the 153 affordable units (7 structures)? Due to the cost of construction of this type of product ($125 psf?) and that the current economic downturn has significantly reduced the gap between the affordable housing rental rate and market rental rate, it seems that there would be negative cost recovery by proceeding with the construction of the market rate units. Parking Questions 1. How will Lennar inform future residents of the rental community that they may only have one car per household? 2. How will Lennar enforce a one carper household rule within the neighborhood's private streets? The current proposed parking permit program does not specifically address renter's residing in developer owned units. Preferably, the master association's parking permit program would not be applicable to the residents of the active adult community, and, therefore, all Coventry renter's would be not be able to park master association streets overnight. However, as approval of the parking program is ultimately up to a developer controlled HOA board, its seems likely that the board would allow Coventry renters to apply for on -street parking permits. If this is the case: 1. Will the residents be required to apply for the permits themselves or can Lennar apply for a permit on behalf of a resident? Will Lennar be able to apply for a permit on behalf of a unit to be used as an incentive for a future resident? 2. Will the permits be approved by a committee made up of resident's only, and not the board itself? 3. Will Lennar adopt the same parking rules and regs for the private, on-site parking spaces at Coventry? ATTACHMENT E Master Disclosure statement 2E1, Additional Provisions. There ni ay be; provisions of' v.arrious lawS, including the Davis -Stirling C:'ormnon Interest Development Act codified at Sections 1350 et seq. of the California Civil Code and the Federal Fair Housing+, Act coditied at Title 42 United State, Code, Section 3601 ct se17 wNch gray supplement ot, override the tvc7rtamunity Association Governing Documents. The Master Developer, Neighborhood Builders and Community Association maitre no represontations or wanandes regarding the future enforceability of' any portion of the:. ()inrnmunity Associaation Governing Documents. COLUMBUS BUS SQUARE I)ISCIA)SUR i;S 21. C'hyaritaahle Endorrinaent Fee. A recorded Charitable Housing Agreement Imposing I'ndownic;nt Fee (In MnAbr ('01greetnent") aallicts your I lemic and the other IWines- in the Unimunity. The Agreena:.nt requires that an "Ertilvapu tent Re equal to came -twentieth of one percent (105%) of we twat sales prig; (0AW05 x total sales price) be paid each tinge ra Morrie. in the C'ornrarunity is transferred to <a rrc (� owner. `I`hc I nda:,�vruaent fee. wilf b(c paai I to Lennar Qaritalile. housing Munclatimi, a CaaMniaa raonprofrt public benefit corporation ("1{'cuutnitttionj, to be tiled fear the purposes described in the Agreement. When you close escrow for dw purchase of` your I lmne., you will pay the Eridownae:nt Fee to the Foundation, ation, Thereafter, each tirne yrour llorrrc is resold, the I.;ndowment lee. must be paid at tile close of escrow, but it may be paid tither by the. new huyer or the then currant seller. The Agreement will be in of€'ect for an indefinitc period of Bine, 22. Affordable IiOtis in![FrKarasitUml HousWg. 'I`lle City ol'Tustin has required the Master Developer and Neighborhood Builders it) provide two hundred sixty-six (20) unit; cif' aaffciadable IioUsira€} ('` lffOl-dtible II0ttst'tt�r Zlrrifv,,) t.�ithin the Corr munitr. Sixty-three ((> ) Aff'ordaable. Housing, Units «'ill be loc Jcd in file Caaincica7 floc(. Neighborhood, fi€ty (50) Affordaable lloning Units will be, loc:atcd in the:, Canal}ridge Lane Neit;t boyhood, and one hundred `,ifty-three. (15:3) Affordable Ilcousing t.l hs "ill be Wated in tan aarca of`le 0ru nunhy d at "411 be designated as housing for seniors (0veriby Courtl C eM ain of these Affiardabie flou,sing units will be oPbred u) persons Ko quality as very low, low and moderate income buyers pu"wmt to guidelines establislaecl by° the th ited S antes Deparrtat nt of l lcausing aard t lrban De:velopnae nt for the. City. Buyers who quatli f as verb` low, low and moderate income will purchase their Ifornes subject to resale restrictions, as reflected in as recorded covenant agreement, for as period of forty-five (45) }rears. Ifyou are interested in the Affordable Rousing, Wits you should consult your sales representative for furdaer haft ulatiori. 23. ".Active adult" Neighborhood. An "relive Adult" Ncighboncood, Coventry Court, is proposed foo- the Coniinunity on I..ot 265 of Tract No. 16581, which is locattc;d on Charleston <in(', Cambridge Streets adjaaccrat to Georgia Street and QnAng;ton Park MT, and Is,- planned splanned to consist of approxinzatcly- 240 afire restrid"I H onaes. As an Active Adult Neighborhood, each Home must be occupied by at least orae resident who is at least 55 years of (agu, lf'tlae Active Aduli T�eighborhood loos its own rccreatiowl facilities, then all assessments for the alai ntenaince cif these; recreation I.acilit, am the exclusive responsibility of the residents of the Active Adult Neighborhood, As a result, the recreational facilities located within tile. Ao tive Adult Neighborhood are not open to either +: wners in the Qrnmuriity; provided, however, the residents of the Active Adult NeighW h(xod will have the right to use the; puhlic recreational I;a�Ferlttkaials: _ �' let_ 9j`S4,`r�f� facilities located throughout the C`.cinannr h y. In add tion, if the residents of the Active Adult Neighborhood laecome members of the. Cornmi ity Association and pad` assessments to the Community Associ ition, then the residents of, tire Active Adult Neighborhood, as rirean hers of the: Community Association, will have the right to use the Community Association's private: recreational f<actiitics. Master Lkveloper reserves the right to construct other age re-stricted contr1aunities ill other locatioras in (lie Community. Neighborhood t3uilder- may Also plan and construct either types and number of Moines, including rental, within Imt 265 cd Tract No. 16581, whh the apprvad by the CAI, 21 Litre Business Use.. Any, Home within the (7onaninnit.y may be used for berme, based bLrSine;.,s purposes, provided that such use is subject to the City Of `1'ustin�s Monte Occupation Urdin rice Of applic<alsk), the provisions in S, ction 2.1 of the Community l:)eclar<ation mid the (.,',onimunity, (fuidelines. You are wivised that Be (Ornnwriity Declaration and Be Community Guidelines may Contain stricter restrictions than those in the City Ordinance and that such use may require zonhg clear In+ e and a business ikwee. You should contact the: City for metre in formation repaidialg Winess uses in your Itome. 25, WAS Tustin, (a) Prior Use a.3 r14C S Tastia. You are advised that the Community was Previously uwd as the Tustin Marine Corps sir Station ("MCAS Tusthi"). The Marine Corps and the 17cp a2 tment of thc Navy ("DON") are the responsible ageiwics for the Insudlation ReAoration Progran ("IRI'' j. The IRP is a comprehensive environmental investigation and cleanup program Ortlaed to identify, investiWau and c:le: in up clivjuical and nuclear contaniniation that has resulted from past Isar€d use operat.hms. `tib"h n WAS 1-u.stin Nus an wive base, it received a hermit ti-om Be C`ahFornia Department of foxic Suhstances Surital ("DISC") p€ustrtala to the Federal Resources Conservatki and Recovelyr het ("RCX t ") (42 U.S.C. 0901 et seq) to store hawvd;ms waste on portions of the those. (Me of Be condrtr wis of that permit, was to Pet forni "corrective action" to clean-up rtlemes or hazardous waste constitum dupughow tht arise. z\lthough the puha t Its expired, tlac;se ctinvaive action obligations comhiue, and Be DON is undertaking environmental innvstiga6on mid cleanup activities orr pcartions of the fort,ter base that arc within illy Conry. umity. (l) ;t.sbe.sfav Goma sting Alweriiat i-lazr€rdvus material in the form of robestos or iasl?mt€iS-wn-Haiting niatf rials ("f[C';1I "} have keen round and are OthcrWiSC p1.:StMIC(I to eXiSt in bUilchngs and structures previously located in the Wnummity. At such Orne as demolition of tale p6or existing buildings on the C"onina inhy containing ACRI vvas cornpleted, the apprcInka e gove;r n nental regulatory agency confirmed that AC NI had been removed hirci the Buildings and any necessary soil remediation had been conducted in accordance with all applicable federal, statc and local lases and regulations. (c) F,ctserttew fi)r Fitviroitmental hitt ediatirut. An erasenaent over the Conan7rn by granted to the: United States cif Ame,t;c:a, acting by and through thc, Department of, the Navy ("I)( PP) in a dctctamcnt entitled "Quitcfairn Beed flor- Marble Mountain Parcel and isetc� trzitiaL, _. l 1_ 2544 -3';2 -IV TtA?f\NS(t.sit",ufl'f5-? 9!3 M e RECORDING REQ1fESTED BY: NOW1714 AMERICAN TITLE COMPANY WHEN RECORDED,NIAIL TO: MOFFUfTIMEADOWS PARTNERS, LLC c/o Lennar Homes of California, Inc. Attn. T. Wilson 25 Enterprise, Suite 300 Aliso Viejo, CA 92656 This Document was electronically recorded by North American Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 438.00 2006000149773 10:35a1n 03/07/06 203 59 002 R27 143 0.00 GM 0,00 0.00 426.00 0.00 O.Oo o.00 (Spac-, A bovefor Recorder Is Use) TVIASTER DECLARATION OF COVENANTS, CONDITIONS, RE, STRTCTIONS AND 11 -E -SERVATION OF EASENIENTS FOR COLUMBUS SQUARE 251i4-337.53NCLP42MCC1RSk 58 1730,13 2 f"M the Covered Property. Declarant will record an instrument reflecting the fact that the LIFOC Property has been annexed to the Covered Property and will provide the City with a copy of such recorded instrument. ARTICLE XVII DECLARANT AND NEIGHBORHOOD BUILDER RIGHTS AND EXEMPTIONS Declarant reserves various rights in this Article to facilitate the smooth, orderly development of the Covered Property and to accommodate changes in the development plan that inevitably occur as a community the size of the Covered Property grows and matures. 17.1 INTEREST OF DECLARANT. Declarant intends to develop, the Covered Property into a master planned community. Declarant, in cooperation with the City, has created a comprehensive plan for the development of the Covered Property, which includes modern master -planning objectives which have been formulated for the common good in the community. Declarant, the Neighborhood Builders, or their successors or. assigns intend, but are not obligated, to construct Homes and develop all of the Lots in the Covered Property. The completion of that work and sale, resale, rental and other disposal of Lots is essential to the establishment and welfare of the Covered Property as a quality master planned community. Each Owner acknowledges that Declarant has a substantial interest in assuring compliance with, and enforcement of, the covenants, conditions, restrictions and reservations contained in this Master Declaration and any Supplemental Declarations. 17.2 RIGHTS. The provisions of this Article XVII supersede and control over all other provisions of the Community Association Governing Documents as applied to Declarant and the Neighborhood Builders. Declarant and the Neighborhood Builders have the following rights. Nothing in the Community Association Governing Documents limits and no Owner or the Community Association will interfere with Declarant's or any Neighborhood Builder's exercise of these rights. Property. 17.2.1 Subdivision. To subdivide and resubdivide any portion of the Covered 17.2.2 Sales. To sell and rent any portion of the Covered Property directly or through agents and representatives. 17.2.3 Development. To complete excavation, grading, construction of Improvements and other development activities on the Covered Property. 17.2.4 Construction. To alter construction plans and designs, to modify Improvements and to construct such additional Improvements as Declarant or a Neighborhood Builder deems advisable. 17.2.5 Grading. To carry on such grading work as may be approved by the Local Governmental Agency having jurisdiction. -81- 2544-33253\CL ?428tCCRs1581730.13 211/06 ATTACHMENT F Columbus Square Homebuyer Notification statement Columbus Square HOMEBUYER NOTIFICATION INTRODUCTION You, the undersigned Buyer, are considering the purchase of a new home in the Columbus Square master planned residential community (the "Community') in the City of Tustin (the "City'). The master developer of the Community will be Moffett Meadows Partners, LLC ("Master Developer') and the Columbus Square Community Association, a California nonprofit mutual benefit corporation (the "Community Association') will maintain portions of the Community. We want you (the "Buyer') to be an extremely satisfied customer. Part of your satisfaction is in knowing as much as possible about your new home in the master -planned . Community. We offer this Homebuyer Notification ("Not leation') as a service to describe to you various matters which might affect your decision to purchase. Please read it carefirliy. Be aware, however, that (a) much of the information in this Notification has been obtained from other sources (public agencies, public records, etc.), and (b) the information contained in this Notification is not comprehensive. This means that we cannot guarantee the accuracy or completeness of the information disclosed. Because this information is subject to change without notice to us, it also means that we cannot commit to advise you of any changes affecting the information in this Notification. By signing this Notification, you agree to independently verify all information regarding matters of concern to you before the Close of Escrow for your home purchase. As a part of your prepurchase investigation, we strongly recommend that you visit the Community and the general vicinity surrounding the Community on several different days at several different times to familiarize yourself with the Community, its location and its surroundings. Unless defined in this Notification, capitalized terms used in this Notification have the meanings given them in the Master Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Columbus Square (the "Master Declaration'). OPEN SPACE/PARK AREAS Master Developer plans to construct three (3) Open Space/Park Areas within the Community. The facilities in these Open Space/Park Areas may include tot lots, basketball courts, barbeques, picnic tables or restrooms or other popular park facilities. There is no guarantee that any of these facilities will be included in the Open Space/Park Areas. Residents living in the areas nearest to the Open Space/Park Areas may experience noise, traffic and parking congestion, light spillage, glare and othor impacts from the operation of these Open Space/Park Areas and the events that take place there and may be inconvenienced by these impacts. You are advised that Master Developer has no control over the operation or use of the Open Space/Park Areas after the completion of construction thereof. The Community Association or Neighbor_ hood Association, as applicable, shall maintain the Open Space/Park Areas in accordance with all City rules and regulations. Some Open Space/Park Areas may be located immediately adjacent to your Lot or Condominium. Those portions of the Open Space/Park Areas which will be open for public use and any associated access or use easements to the public in connection with these Open Space/Park Areas are located approximately as shown on Exhibit "OS" attached to the Master Declaration. Residents of the 2544-332531CLP42MD1SCLSR 581357.9 6/3/08 Community may experience glare from night -lighted activities at the Open Space/Park Areas. Additionally, from time to time, balls and other objects may be hit out of the Open Space/Park Areas and into lots and adjacent areas. Residents of the Community may also experience noises originating from the activities at the Open Space/Park Areas, traffic noises from vehicles going to and from the club, and noises from landscaping and other maintenance activities near the Open Space/Park Areas. Master Developer has no control over the use, operation or maintenance of the Open Space/Park Areas. There is a rail corridor located to the north of the Community. As of the date of this Notification, an estimated fifty-nine (59) trains per day pass through the rail corridor. Master Developer has been informed by the City that this number is estimated to increase to over one hundred (100) trains per day by the year 2020. The impact of this rail corridor may include, without limitation, increased noise, light and vibration levels in the area of the Community. The rail corridor could be an attractive nuisance to children who may play in the vicinity of the rail corridor. Master Developer and the Community Association have no control over the use, maintenance or care of the rail corridor. You should evaluate the impact of this rail corridor on your decision to purchase a Lot or Condominium in the Community. MAJOR THOROUGHFARES Major thoroughfares are located within the vicinity of the Community, which include, among others, Edinger Avenue, North Loop Road and West Connector Road. Master Developer and the Neighborhood Builders have no control over the use, maintenance or care of these streets and thoroughfares. You may experience noise, dust and traffic within and in the vicinity of the Community based on the public's use of some of these streets and thoroughfares. SOUND ATTENUATION Pursuant to a noise analysis conducted by or on behalf of Master Developer, Lots or Condominiums that may most likely be susceptible to noise impacts from property uses surrounding the Community are identified as sensitive receptors, as depicted on Exhibit A attached hereto. Approved building plans may contain sound attenuation measures. If your Lot or Condominium is improved with any sound attenuation measures, you are prohibited from altering or modifying any such measures and you acknowledge and understand that the indoor sound attenuation measures will only work as intended if the windows and doors remain closed. You further acknowledge that individuals have varying sensitivity to noise, and any sound attenuation. measures installed by Master Developer or a Neighborhood Builder may not reduce noise to a level that will satisfy every expectation. Owners of Lots or Condominiums identified as sensitive receptors on Exhibit A and located at the southwest corner of the Community are advised that these Lots and Condominiums are adjaoent to an area west of the Community that is currently zoned for commercial and light industrial uses. Owners of Lots or Condominiums in this area of the Community may experience noise, traffic, dust, odors and other impacts from the operation of this commercial and industrial property. By acceptance of a deed to a Lot or 4 Condominium, each Owner acknowledges and accepts that Declarant has no control over any commercial or industrial property or its impact on the Owners or the Community. -2- 2544-332531CLP4281DISC 7.9 0-6/3106 AFFORDABLE HOUSING/TRANSITIONAL HOUSING The City has required Master Developer to provide two hundred sixty-six (266) units of affordable housing within the Community. Certain Lots or Condominiums in the Community will be offered to persons who qualify as very low, low and moderate income buyers pursuant to guidelines established by the United States Department of Housing and Urban Development for the City. Buyers who qualify as very low, low and moderate income will purchase their Lots or Condominiums subject to resale restrictions, as reflected in a recorded covenant agreement, for a period of forty-five (45) years. Buyers who are interested in the affordable housing program should consult their sales counselor for further information. UTILITY IMPROVEMENTS In addition to utility lines, all of which will be installed underground in the Community, there may be above -ground and subterranean utility Improvements such as transformers, lift stations, water or sewer facilities, fire hydrants, lighting Improvements, telecommunications vaults and other visible Improvements necessary for the delivery of utilities or other services either on or adjacent to each Lot or Condominium. Each Owner understands that the placement of such Improvements is dictated by the needs of the applicable utility or service provider, and the presence of such Improvements m the Community is in accordance with easements created prior to or during the development of the Community. You understand, by accepting a deed to a Lot or Condominium in the Community, that each Lot or Condominium and portions of the Association Property are subject to one (1) or more such easements for placement of utility Improvements. You may not modify, remove or otherwise interfere with utility Improvements on any Lot or Condominium or other portion of the Community. COMMUNITY FACILITIES DISTRICT AND ASSESSMENT DISTRICTS The Community lies within the boundaries of Special Assessment Districts and Mello -Roos Community Facilities Districts which require the levy of special taxes for the repayment of bonds issued for the purpose of paying the cost of services or capital improvements that have been or are being provided The amount of the special tax and any other information pertaining to any such district can be obtained from the County Assessor's office. You will be obligated to pay these assessments and taxes in addition the assessments imposed by the Community Association or any Neighborhood Corporation. MAINTENANCE The Community Association shall maintain all completed Improvements on the Association Property it is obligated to maintain (including the Parkways described in Section 9.2.2 of the Master Declaration, Open Space/Park Areas, streets (i.e., lighting, drainage facilities), alleys and paseos), all in conformance with any Maintenance Guidelines. The Association Property is described in Exhibit "AP" attached to the Master Declaration. Please refer to Section 9.2 of the Master Declaration for further information concerning maintenance by the Community Association. 0*00 -3- 2544-33253\CLP428\DISCLSR\ 581357.9 613!06 ACCESS Neither the Community nor any street, sidewalk, alleyway or paseo located within the Community shall be privately gated; provided however, that any swimming pool and/or spa facility within the Association Property and any indoor recreational facilities, such as a clubhouse and bathrooms, may be gated or locked and made available solely to Residents of the Community and their family, invitees and guests. Neither Master Developer nor the Community Association undertake to provide security or privacy for the Community or buyers, nor do they make any representations or warranties concerning the security or privacy of the Community or Residents. HOME BUSINESS USE Any Home within the Community may be used for business purposes, provided such use is subject to City regulations pertaining to allowable home business use and such use may require zoning clearance and a business license. You should contact the City for more information regarding business uses that. are allowed in your Home. TRASH For certain Homes in the Community, trash must be kept in individual and sanitary containers at designated locations, as approximately shown on Exhibit "TC" to the Master Declaration. in accordance with the Community Guidelines, no odor may be permitted to arise therefrom so as to render any portion of the Community offensive or detrimental to any other property in the vicinity thereof or to its occupants. Your trash containers may be exposed to the view of neighboring Homes only when set out for a reasonable period of time (no earlier than 6:00 p.m: on the day before scheduled trash collection times and no later than midnight the day of pickup). VIEWS/SURROUNDING PROPERTIES Properties surrounding the Community may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from your Lot or Condominium. Master Developer and the City make no claim, warranty or guarantee that views from any Lot or Condominium will be preserved as development of surrounding properties occurs. PARKING Vehicles may not be parked in the "no parking" zones identified in the Master Declaration or any Supplemental Declarations. Certain of these `!no parking" zones will be identified only by signs and Will not be identified with red -painted curbs. Vehicles parked in these "no parking" zones may be towed immediately without advance notice to vehicle owners. The parking and circulation areas in the Community are located approximately as shown on Exhibit "PC" and Exhibit "OS" to the Master Declaration. Vehicle parking in private streets is subject to local ordinances and Community Association regulations. Please refer to Section 2.4 of the Master Declaration for further restrictions concerning parking of vehicles within the Community. -4- 2544-33253\CLP428\DISCLSR\ 581357.9 6rM8 BUILDING SETBACKS Construction of Improvements in the yard of any Lot or Condominium such as pools, spas, patio covers, BBQ, fountains, trellises, and water features are subject to minimum setback and height restrictions and may not be permitted. You should refer to the Community Association Governing Documents and applicable City ordinances for any restrictions concerning the construction of any Improvements to your Lot or Condominium. PHASED CONSTRUCTION AND SALES ACTIVITY Phased Construction and sales activities will be occurring within and in the vicinity of the Community. Sales activity will increase the vehicle and pedestrian traffic within the Community. This may result in inconvenience to residents in the Community, due to increased light, noise and dust from the construction activities and the operation of the model homes and sales office. As a result of construction and sales activities, public and private utilities (water, electrical, cable television, sewers, storm drain, etc.) within the Community, and/or servicing your Home, may be temporarily interrupted and/or adversely affected. You agree to exercise extreme caution and to observe all signs while driving through construction areas and to observe the temporary closure of streets and the rerouting of traffic. SCHOOLS The Community is currently located in the Tustin Unified School District, telephone: (714) 730- 7301 (the "School District'). To obtain further information about the schools serving the Community, including transportation to and from the schools, please contact the School District. You should investigate this matter to your satisfaction prior to purchasing a Lot or Condominium in the Community. FUTURE FRE STATION SITE The Community is located adjacent to a future fire station site at the corner of Edinger Avenue and West Connector Road. The fire station will operate twenty-four (24) hours a day and seven (7) days a week. Residents in the vicinity of the fire station will notice noise, sirens, light, glare and other impacts from the operation of the fire station and emergency vehicles. You are advised that Master Developer has no control over the operation or use of the fire station. You should evaluate the impact of the fire station on your decision to purchase a Lot or Condominium in the Community. SALE AND OWNERSHIP PER MCAS TUSTIN SPECIFIC PLAN Development within the Community is approved for sale and ownership tenure only in accordance with Chapter 3.9.345 of the MCAS Tustin Specific Plan. ENVIRONMENTAL CONDITION The Community is located on a portion of the former Marine Corps Air Station Tustin ("MCAS Tustin' that the United States Government once owned and operated. Certain Lots within the Community are located in areas that were previously used by the U.S. Government to store and wash vehicles and equipment that were used at MCAS Tustin. These areas are designated "IRP- -5- OOF"" 2594-33253\CLP4281DISCLSR 81357.9 6/3108 13S" and "IRP -13 W ' on the final subdivision map that was recorded for the Community and are depicted in Exhibit B attached hereto ("Release Areas"}. As a result of these activities, hazardous substances have been released into the groundwater underlying the portions of the Release Areas. Volatile Organic Compounds ("VOC"s), including trichloroetheleyne ("TCE') and 1,2,3 Trichloropropane ("1,2,3 TCP"), were found in groundwater at concentrations that could result in adverse effect to human health if this water was extracted from the ground and directly used for domestic purposes such as drinking or bathing. However, groundwater at this location is currently not used for such purposes. Extensive documentation has been prepared that describes the nature and extent of the release of hazardous substances that has occurred at the Release Area and past and ongoing remediation efforts. The following reports are available for public review at either (1) BRACS Environmental Coordinator's Office, Library Building 307, MCAS El Toro, telephone (949) 726-5398 or (2) University of California at Irvine Langson Library, Government Publication Department, Irvine, CA, (949) 824-7362 or (949) 824-6836: • Draft Feasibility Study Report For Operable Unit 4B, Former Marine Corps Air Station, Tustin, California, August 2005, Bechtel Environmental, Inc., August 2005. • Final Record of Decision/Remedial Action Plan Operable Unit IA, Former Marine Corps Air Station Tustin, California, Department of Navy, October 2004. • Final Feasibility Study Report, OU -IA, Marine Corps Air Station, Tustin, California, Bechtel Environmental, Inc., August 2003. • Final Environmental Impact Statement/Environmental Impact Report, Disposal and Reuse of MCAS Tustin, California, Department of Navy and City of Tustin, December, 1999. Each building that is located within the Release Area, depicted on Exhibit B attached hereto, is protected with a vapor control barrier and contains a vapor ventilation system. Any activity that could result in the penetration or alteration of the floor slab of these buildings is subject to the review and approval by the City of Tustin building official and inspection by a qualified engineer. Deed restrictions may also be recorded on all or a portion of lots within the Release Areas that will limit certain activities on such lots. These deed restrictions will identify specific land use restrictions to prevent exposure of future landowners and/or users of the Release Areas to hazardous substances and to maintain the integrity of the remedial action until remediation is complete and remediation goals have been achieved. PROPOSED PARKS. A proposed Urban Regional Park and a proposed Community Park (collectively, the "Parks') may eventually be constructed southwest and west of the Community, respectively. If constructed, the Urban Regional Park will be maintained by the County of Orange and the Community Park will be maintained by the City of Tustin. The MCAS Tustin Specific Plan provides that the following uses may be included in the Urban Regional Park: animal shelter; arboretums and horticultural gardens; Children, Youth and Family Resource Center, commercial recreation facilities; live performance -6- 2544-33253\CLP428\DiSCLSe613108 facility/amphitheater; museum, cultural center, interpretive center and/or other educational and cultural facility; nature center with live animals; picnic areas; recreation facilities; regional law enforcement training classrooms; park, Regional Archaelogical Curation Center; retail or service commercial uses (other than concessionaire commercial uses); riding and hiking trails and stage areas; sports lighting (where exterior lighting is designed to confine direct rays and glare to the premises; and theatres. The MCAS Tustin Specific Plan further provides that the following uses may be included in the Community Park: ballfields, courts, playgrounds and other recreation facilities; civic, cultural and community center buildings; nature center with live animals; private recreational facilities; public park; sports field lighting (where lighting is designed to confine direct rays and glare to the premises). Master Developer makes no guarantee that either Park will be constructed, or, if constructed, that it will include any or all of the facilities described in the MCAS Tustin Specific Plan. Residents in the Community can experience increased noise, traffic and glare of lights from activities within the Parks, if constructed. Owners acknowledge that Master Developer and the Master Association have no control over the. use, maintenance or care of the Parks, if constructed. By signing below you acknowledge you have received and understand this Notification, and you agree to purchase a Home in the Community subject to it terms. Date: Buyer Signature Name Name Name -7- 2544-332531CLP428\DISCLSR\ 581357.9 6/3/08 EXHIBIT A DEPICTION OF SENSITIVE RECEPTORS 2544-33253\CLP4281DISCLSR\ 581357.9 6/3/08 EXHIBIT B DEPICTION OF RELEASE AREAS 2544-332531CLP4281DISCLSM 581357.9 6/3108 r �' � ` � � � Few, I� H H H bd ATTACHMENT G Meta Housing Corporation Portfolio I IN!', i<=AIL =,v Meta Housing Corporation meta\me'-ta\pref. Used with the name of a discipline to designate a new but related discipline designed to deal critically with the original one For nearly 40 years, the team at Meta Housing Corporation has peen dedicated to designing and developing exceptional communities for families and seniors acr.)ss Southern California. As one of the region's most respected, trusted and honored development experts, Meta Housing's mission Is to provide the highest quality of life for residents, a process that begins at the inception of each community and continues even after each is completed. Fresh, innovative design concepts; thoughtful amenities, features and spaces designed into each community; and on-site prograrns and services all combine to enhance residents' experiences and broaden their opportcnities. In addition, Meta Housing is constantly anticipating and exploring new resident needs and expectations as we move through the 21st century, planning and working to meet those needs. As a developer and operator of affordable, family and senior apartment communities throughout Southern California, Meta Housing has accomplished numerous "first achievements" beginning with Valley Village Senior Apartments, the first Southern California project "out of the ground" utilizing state earthquake funding following the 1994 Northridge earthquake. Meta Housing's innovative developments have consistently won national recognition such as the National Association of Home Builders' 50+ Housing Gold Achievement award, PCBC Gold Nugget Award and the SAGE Award. The National Endowment for the Arts has recognized Meta's Burbank Senior Artists Colony as one of the finest examples of incorporation of services, education and activities with architecture. Other award winning developments include The Piedmont Senior Apartments in North Hollywood, its sister development, Park Plaza, The Jasmine at Founders Village, Dorado Senior Apartments in Buena Park, CA, Cortina D"Arroyo in Arroyo Grande, CA, and 'The Grove" in Garden Grove, CA. At the same time Meta Housing focuses on quality -of -life issues, we also draw on our team's knowledge of fundamental real estate principles and bottom-line business acumen... a combination that has made us an ideal partner for cities, housing agencies, nonprofits and other developers throughout the region. Our recognized expertise extends across every aspect of the development spectrum. The result? More than 12,000 units delivered by Meta or affiliates since 1976, with hundreds more being planned and built each year. Meta Housing communities have received many of the industry's most coveted national, regional and local awards for design excellence and innovation - a testimony to our commitment and experience. Bohn M. Huskey President John Huskey is President of Meta Housing Corporation and has successfully pioneered cooperative development among non-profit and for- profit enterprises. Mr. Huskey has been active in the financing, development, construction and management of affordable, family and senior apartment communities since 1969 and has been responsible for the creation of more than 12,000 housing units. Mr. Huskey currently serves on the City of Los Angeles Mixed Income Policy committee under the direction of Mayor Antonio Villaraigosa. In 1996, Mr. Huskey received the Building Industry Association Senior Housing Council as its SAGE award winner for outstanding contributions to senior housing. A frequent speaker, writer and guest lecturer on development and transportation issues at UCLA, USC, Pepperdine University as well as industry groups, Mr. Huskey has served as a technical advisor to the Los Angeles County Housing Authority as well as San Bernardino County. He also served two terms on the Loan and Grant Committee for the State of California Department of Housing and Community Development. He was an appointee of Mayor James Hahn to the $100 Million Housing Trust Fund Advisory Committee. Previously, Mr. Huskey was President and Chief Executive Officer of Calmark Properties Inc, a nationally recognized builder/developer/operator of residential and commercial properties and a leading producer of affordable non -federally subsidized rental housing for seniors. Under his direction, Mr. Huskey helped create the independent senior housing category with the acclaimed Heritage Park program of apartment communities for active, seniors. More than 6,000 units were built. John Huskey attended the University of Notre Dame and Sophia University in Tokyo. George Russo Chief Financia/ Officer George Russo has been working for Meta Housing Corporation as a consultant since 2003 and officially joined Meta in May 2005. His responsibilities include all aspects of financial, tax and asset management reporting for Meta Housing and its family of affiliated partnerships, limited liability companies and corporations. Russo also oversees relationships with lenders and other financial partners and stakeholders. Russo brings to Meta a broad background spanning 24 years in real estate finance, accounting, and taxation. Prior to joining Meta, he served as controller of StorageWorld, L.P. In addition he has served as Controller of Kaufman & Broad Multi -Housing Group and Division Controller of Public Storage Inc. Russo earned a Bachelor of Science degree in Business Administration and Accounting from California State University, Los Angeles and holds an NASD Series 28 Registration, Kasey Burke Senior Vice President Mr. Burke is responsible for managing all facets of the development process for Meta Housing Corporation's Affordable Housing Division. Since joining the firm in 2001, he has managed significant projects in the areas of site acquisition, entitlement processing, financing, design development, construction, and lease -up. Mr. Burke specializes in securing funds from federal, state and municipal sources and oversees all of Meta Housing's tax credit and bond application processes. These include 9% and 4% federal low -Income housing tax credits (CTCAC), bond allocations from the California Debt Limit Allocation Committee (CDLAC), State of California Multifamily Housing Program (MHP), Federal Home Loan Bank Affordable Housing Program (AHP), Los Angeles Housing Department (LAND), City of Los Angeles Community Redevelopment Agency (CRA), Housing Authority City of Industry Funds (Industry Funds) and all other local and municipal sources. Mr. Burke graduated from the University of Southern California with an emphasis in Real Estate Finance. Additionally Mr. Burke is a licensed Real Estate Broker with the State of California. Shaun C. Bradley Director ofAcquisi. `ions Mr. Bradley is Director of Acquisitions for Meta Housing Corporation. In this capacity he is responsible for the organization and structure of Meta's conventional age -qualified platform including: identification, acquisition, asset management and disposition of the firm's investments. Mr. Bradley's background includes experience in virtually all facets of the Multi -family industry with over $250 Million in transactions. Prior to Meta, Mr. Bradley pursued development and investment opportunities for a large privately held age -qualified housing developer where he was instrumental in the achievements of the firms first and second funds. Preceding his venture into age -qualified housing, Mr. Bradley held acquisition and development positions for a national affordable housing company utilizing bond/tax credit financing, a regional multi -family owner/operator and started his career with a Los Angeles based brokerage firm. Mr. Bradley is a graduate of Gonzaga University diA Mission Elsinore e,o M9 sa141 Ok Teme Clemani� Failb V 5t Oceanside` San Wa-cos San Wi Obtsgo t91 9ck O San pr..r.S Jacinto 7d wel e Portfolio Map t J.1 I n:ia`e 16i I- SoaB, Fir=a.da V- Azesa G1erMra +�tp I La Verne B31 San Rancho Cimab v+Ar Upland Cucamonga fes• La Cauda tvou a_�a _ it ,:a1y Be,@aty - i �. „. �, FfonlereY _ D Alonw - West t a, -. E!t+r t•' Mentc4a —_ .Asst Cala — �-r. I Pott Pasarizna I n:ia`e 16i I- SoaB, Fir=a.da V- Azesa G1erMra +�tp ?nadrna t `9 •, 4 v.cx1 La Verne B31 San Rancho Cimab v+Ar Upland Cucamonga .tinaenbra Park C tvou a_�a _ it ,:a1y Be,@aty - i �. „. �, FfonlereY _ D Alonw - West t a, -. E!t+r t•' Mentc4a —_ .Asst Cala — �-r. I Pott _ Hd- 1 Park - f0ni0na %� CoYtna s9 Tr Cw.ar ig Santa cI,� M oer % La 'Nalnut Puente - — — Gh.nO fftc-ica @)9tamand 90 CNno Sporn Ptce Ah�ne' Bar HTS - InT,vo2d °] Gale i(`i R.era Lynwood .Downer F f' 57 La Habra !danL;Ut;rr. Hawtt'orne Norwalk 71 Norco Brea 9each 33rdena Compton� Yr<a PullerfOn L" g9 t a�.r Cerntas e t,r. Coronarr Buena 97 Platin an' 11 La.ew�ed t. - Rtmnlo Tc,..-rarceMaheim w. arson L 55 3d1 [ 57 Dong C-a'def t Grange Q Bean �rW-- `�. 4 aria iRar;r:tp H. ILstIn ttal08.v8nit5 B -50Y-. Ana PrunlSsrn n'.nunalPmk _ Valley •rulnq RdW.J, Huntingtc�5 55 .Irvine Pa'k Tnabu eeacn .,Costa Canaan D Mtjsfen Rancho Santa Lake NewGat! Foresl 'J, jc IAavgaY,l4 5�acn r;` Family Developments 1. Pico Gramercy Apartments 2. Yorba Linda Palms Apartments 3. Emerald Terrace Apartments 4. Belmont Station Apartments 5. Union Point Family Apartments 6. Coronita Family Apartments 7. EI Dorado Family Apartments 8. Sichel Family Apartments 9. Clinton Family Apartments 10. Adams & Central Mixed -Use Development 11. Long Beach Family Apartments 12. Long Beach Phase II Family Apartments Senior Developments 1. Asturias Senior Apartments 2. Park Plaza Senior Apartments 3. Sterling Court 4. The Piedmont 5. Jasmine at Founders Village 6. Burbank Senior Artists Colony 7. Cortina D'Arroyo Grande Senior Apts 8. Dorado Senior Apartments 9. Garden Grove Senior Apartments 10. San Clemente Senior Apartments 11. Cantabria Senior Apartments 12. Valley Village Senior Apartments 13. The Center at Founders Village 14. Corona Senior Arts Colony 15. Andalucia Senior Apartments 16. NoHo Senior Artists Colony (not on map) 17. Long Beach Senior Artists Colony (not on map) Asturias Senior Apartments 9628 Van Nuys Boulevard Panorama City, CA 91402 New Construction Under Construction Type: Senior Units: 69 Partners/Lenders: Citi Community Capital Community Redevelopment Agency of the City of Los Angeles Los Angeles Housing Department Redstone Equity Partners L n— Plaza Park Senior Apartments 6755 Rhodes Avenue North Hollywood, CA 91606 New Construction Year Completed — 2001 Type: Senior Units: 203 Partners/Lenders: Wells Fargo Bank California Community Reinvestment Corporation Boston Capital Sterling Court 935 S. Gilbert Street Anahiem, CA 92804 New Construction Year Completed - 2002 Type: Senior Units: 34 Partners/Lenders: Wells Fargo Bank California Community Reinvestment Corporation MMA Financial, Inc. City of Anaheim Redevelopment Agency County of Orange The Piedmont 6750 Whitsett Avenue North Hollywood, CA 91606 New Construction Year Completed - 2002 Type: Senior Units: 198 Partners/Lenders: Paramount Financial City of Los Angeles Bond Issue, credit enhanced by HUD L �' The Jasmine at Founders Village 17911 Bushard Street Fountain Valley, CA 92708 New Construction Year Completed - 2004 Type: Senior Units: 156 Partners/Lenders: Wells Fargo Bank California Community Reinvestment Corporation MMA Financial, Inc. City of Fountain Valley County of Orange Fountain Valley School District Burbank Senior Artists Colony 240 East Verdugo Avenue Burbank, CA 91502 New Construction Year Completed - 2005 Type: Senior Units: 141 Partners/Lenders: Paramount Financial CaIHFA Wells Fargo Bank Citi Community Capital Burbank Redevelopment Agency 1 �' Cortina D'Arroyo Grande Senior Apartments 241 North Courtland Avenue Arroyo Grande, CA 93420 New Construction Year Completed - 2006 Type: Senior Units: 108 Partners/Lenders: Wells Fargo Bank California Community Reinvestment Corporation MMA Financial, Inc. City of Arroyo Grande Redevelopment Agency Federal Home Loan Bank (AHP) Montecito Bank and Trust L �' Dorado Senior Apartments 8622 Stanton Avenue Buena Park, CA 90620 New Construction Year Completed - 2007 Type: Senior Units: 156 Partners/Lenders: US Bank California Community Reinvestment Corporation City of Buena Park County of Orange Federal Home Loan Bank (AHP) Simpson Housing Solutions LINC Housing Garden Grove Senior Apartments 12739 Garden Grove Blvd. Garden Grove, CA 92843 Type: Senior Units: 85 Partners/Lenders: Sun America Citi Community Capital San Clemente Senior Apartments 2350 So EI Camino Real San Clemente, CA 92672 New Construction Predevelopment Type: Senior Units: 76 Cantabria Senior Apartments 9640 N. Van Nuys Boulevard Panorama City, CA 91402 New Construction Under Construction Type: Senior Units: 81 Partners/Lenders: Citi Community Capital Community Redevelopment Agency of the City of Los Angeles Los Angeles Housing Department Red Stone Equity Partners, LLC. Valley Village Senior Apartments 12111 Chandler Boulevard North Hollywood, CA 91606 New Construction Year Completed - 1996 Type: Senior Units: 188 Partners/Lenders: Wells Fargo Bank Home Savings The Center at Founders Village 17967 Bushard Street Fountain Valley, CA 92708 New Construction Year Completed - 2005 Type: Senior Center Partners/Lenders: City of Fountain Valley Corona Senior Arts Colony 1040 E. 6th Street Corona, CA Predevelopment Type: Senior 152 units Andalucia 15305 Lanark St. Van Nuys, CA 91405 Under Construction Type: Senior Units - 94 Partners/Lenders: Wells Fargo Bank CCRC Royal Bank of Canada Community Re -development Agency Los Angeles Housing Department L �' NoHo Senior Artists Colony 10747 Magnolia Blvd. North Hollywood, CA 91601 New Construction Year Completed est 2011 Type; Senior Units: 126 Partners/Lender Red Mortgage Capital M Long Beach Senior Artists Colony 1235 Long Beach Blvd. Long Beach California 90808 Type: Senior Units: 186 Partners/Lenders Century Housing Corp Long Beach Housing Development Corp Awards 2009 Adams & Central Mixed Use Development Gold Nugget Winning Category - Outstanding On -The -Boards Apartment Pi oject - Merit Award NoHo Senior Artists Colony PCBC: Gold Nugget Winning Category- Outstanding On -The -Boards Seniors Community -Merit Award NoHo Senior Artists Colony 50+ Housing Awards - Best of the 50+ Housing Awards Program- Gold Achievement Award for Multifamily Housing Overall Market Rate Rental Community On -The -Boards 2008 Garden Grove'The Grove" Senior Apartments 50+Housing Awards - Multifamily Housing: Overall Community - Gold Award Winner 2007 Garden Grove"The Grove" Senior Apartments 50+Builder Magazine named "Project of the Year" - December 2007 Garden Grove "The Grove" Senior Apartments 50+ Housing Council - Certificate of Merit - Finalist - Project of the Year Cortina D'Arroyo NAHB's Best of 50+ Housing Gold Achievement Award - Overall Community NAHB's Best of 50+ Housing Gold Achievement Award - Common Area Interior Design Dorado Senior Apartments 50+ Housing Council - Project of the Year NAHB's Pillars of the Industry Awards - Most Creative Financing of an Affordable Apartment Community NAHB's Best of 50+ Housing Silver Achievement Award - Overall Community NAHB's Best of 50+ Housing Silver Achievement Award - Common Area Interior Design Burbank Senior Artists Colony NAHB's Pillars of the Industry Awards - Best Clubhouse at a Multifamily Community 2006 Burbank Senior Artk is Colony NAHB's Gold Award - Clubhouses - Small (Up to 6,000 sq. ft.) NAHB's Gold Award - Multifamily Housing: Overall Community - Rental Apartments NAHB's Silver Award - Active Adult Housing: Condominium Community (Any Size) National Endowment for the Arts: Creativity and Aging - Best Practices 2005 Burbank Senior Artists Colony - SAGE Awards - Project of the Year The Jasmine at Founders Village - NAHB's Silver Achievement Award - Best Rental Apartments 2004 The Jasmine at Founders Village - SAGE Award Certificate of Merit - Project of the Year The Piedmont - NAHB's Platinum Achievement Award- Active Adult Housing Overall Community -Small NAHB's Gold Achievement Award - Multifamily Housing Overall Community - Rental Apartments NAHB's Juror's Innovation Award San Fernando Valley Business Journal's Award for "Most Innovative Senior Community" 2003 Burbank Senior Artists Colony - NAHB/NCOSH Gold Medal for Best of Senior's Housing Design - On the Boards The Piedmont - PCBC - Gold Nugget Award of Merit - Best Apartment Project - 4 or more Stories PCBC - Award of Merit - Best of Seniors Project - Active Adult 2002 Park Plaza - NAHB's Gold Achievement Award - Best Seniors Housing, Most Outstanding Affordable Senior Apartment Project 2001 Park Plaza - PCBC - Award of Merit (Gold Nugget Awards) - Best Senior Project - Active Adult SHC - SAGE Award o7 Merit ATTACHMENT H Planning Commission 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 Planning Commission continued the project to the January 26, 2010, meeting to allow the project proponent to meet directly with the Community Association and any interested members of the community; E. That the project proponents attended the December 16, 2009, meeting of the Columbus Square Community Association; F. 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 PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 2 units for ownership tenure of which 153 units are designate as affordable units; G. That pursuant to Condition 2.2 of Resolution No. 05-40 approving TTM 16581, a Conditional 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; H. 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; I. That pursuant to Condition 1.2 of Resolution No. 4014, permits must be obtained and substantial construction underway within 24 months; J. 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; K. That since development at Coventry Court was discontinued, Design Review 05-019 and Conditional Use Permit 05-037 for Coventry Court are considered null; L. 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; M. 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; N. 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; O. That the City's Traffic Engineer re -reviewed the parking demand analysis approved under CUP 05-037 in conjunction with the proposed project for the development of 240 senior rental apartments and determined that the difference PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 3 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); P. 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: 1. 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 traffic circulation. i) Location and appearance of equipment located outside an enclosed structure. j) Location and method of refuse storage. k) Physical relationship of proposed structures to existing structures in PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 4 the neighborhood. 1) Appearance and design relationship of proposed structures to existing 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. Q. 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 property, 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; 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 PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 5 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. R. 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. S. 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 PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 6 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 26th day of January, 2010. 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 26th day of January, 2010. 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 January 26, 2010, 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 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. The Amendment shall be approved and executed by all current parties to the Housing Agreement and all successors and assigns of each of the parties. Should amendments to the Housing Agreement and Affordable Housing Plan not be approved by the City Council, the subject approval shall become null 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 laws, 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 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 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 all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. (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 shall 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 (WQMP) shall be submitted and approved prior to issuance of grading permit. The WQMP shall be prepared using the City's WQMP Guidelines. The applicant shall 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. LAN DSCAPING/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 exclusive to the senior community and 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. (***) 8.2 The applicant shall submit a Parking Management Plan for review and approval by the Community Development Department prior to issuance of any building permit. The Parking Management Plan shall include, but not be limited to, the following: Of the 409 parking spaces, thirty-six (36) spaces (0.15 space per unit as recommended by the ULI Shared Parking Study) shall be set aside PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 11 for guests, six (6) spaces shall be set aside for employees and a maximum of 367 spaces shall be available for residents. In any event, the owner and/or operator of the facility shall not permit residents to own and maintain any more than a total of 367 vehicles on-site at any given time. These restrictions shall be incorporated in any lease and/or rental agreement. • The owner and/or operator of the facility shall ensure that required parking is provided to tenants, employees, and visitors such that off- site or surrounding properties parking are not negatively impacted. This could be accomplished using a decal systems, on-site security and/or manager parking enforcement, etc. • The owner and/or operator shall be responsible for monitoring and enforcing all parking and traffic regulations on the project site. • Any revision to the Parking Management Plan shall be reviewed and approved by the Community Development Department. (***) 8.3 If in the future the City determines that parking or traffic problems exist on the site or in the vicinity, the Community Development Director may require that the property owner prepare an analysis and bear all associated costs. If the study indicates that there is a parking or traffic impact, the applicant/property owner shall provide interim and permanent mitigation measures to alleviate the problem. 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. 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 PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 12 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 makes no claim, warranty, or guarantee that views from any unit will be preserved as development of surrounding properties occurs. 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 PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 13 (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 Wor 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. (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." PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 14 (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 a dead- 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 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 15 (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 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. (1) 11.3 The perimeter sound walls are included as part of the master wall plans for Columbus Square currently under review. 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 PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 16 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 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 17 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. 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 the Planning Commission continued the project to the January 26, 2010, meeting to allow the project proponent to meet directly with the Community Association and any interested members of the community; E. That the project proponents attended the December 16, 2009, meeting of the Columbus Square Community Association; F. 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 Resolution No. 4136 Amendment to Concept Plan 03-003 Page 2 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; G. 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; H. That the proposed project necessitates text amendments to Resolution 3951 which approved Concept Plan 03-003; 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. Resolution No. 4136 Amendment to Concept Plan 03-003 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 26th day of January, 2010. 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. 4136 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day January, 2010. ELIZABETH A. BINSACK Planning Commission Secretary (1) M 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) 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 Planning Area 5 (Parcel 24) 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 No. 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 No. 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 Planning Commission continued the project to the January 26, 2010, meeting to allow the project proponent to meet directly with the Community Association and any interested members of the community; E. That the project proponents attended the December 16, 2009, meeting of the Columbus Square Community Association; F. 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; Resolution No. 4137 Amendment to TTM 16581 Page 2 G. 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; H. 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; I. That the proposed project necessitates text amendments to Resolution No. 05-40 which approved Tentative Tract Map 16581; J. 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; K. 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. Resolution No. 4137 Amendment to TTM 16581 Page 3 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. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 26th day of January, 2010. 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. 4137 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of January, 2010. 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 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. ("**) 1.3 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) 1.5 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 Exhibit A Resolution No. 4137 TTM 16581 Page 2 (1) 1.6 Resolution No. 4137 shall become null and void in the event that 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. (***) 1.7 Condition of Approval 4.1 of Resolution No. 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 No. 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 Exhibit A Resolution No. 4137 TTM 16581 Page 3 content approved by the Redevelopment Agency, Community 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 shall 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.