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HomeMy WebLinkAbout02 CONDITIONAL USE PERMIT 09-024, DESIGN REVIEW 09-024, AMENDMENT TO TRACT MAP 16581, AND AMENDMENT TO CONCEPT PLAN 03-003Agenda Item 2 • Reviewed: AGENDA REPORT City Manager Finance Director N/A MEETING DATE: APRIL 20, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 09-024, DESIGN REVIEW 09-024, AMENDMENT TO TRACT MAP 16581, AND AMENDMENT TO CONCEPT PLAN 03-003 APPLICANT: PROPERTY OWNER: DEVELOPER/ FUTURE PROPERTY OWNER: PROPOSED PROJECT/ PROPERTY MANAGER: SUMMARY LENNAR HOMES OF CALIFORNIA MANAGING MEMBER OF TUSTIN COVENTRY, LLC CIO DONNA KELLY 25 ENTERPRISE ALISO VIEJO, CA 92656 TUSTIN COVENTRY, LLC C/O DONNA KELLY 25 ENTERPRISE ALISO VIEJO, CA 92656 TUSTIN COVENTRY SENIORS, LLC META HOUSING CORPORATION 1640 S. SEPULVEDA BLVD., SUITE 425 LOS ANGELES, CA 90025 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, entitlements and building permits have lapsed. 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. City Council Report April 20, 2010 Coventry Court Page 12 The Planning Commission held public hearings on the subject item on December 8, 2009, January 26, 2010, and March 23, 2010. At the March 23, 2010, meeting, the Planning Commission adopted Resolution No. 4134 (Attachment E) recommending that the City Council: a) Deny CUP 09-024, Amendment to CP 03-003, and Amendment to Tract Map 16581 for the subject project for apartments or rental tenure, and b) Approve DR 09-024, and CUP 09-024 as it relates to parking, authorizing the development of a 240-unit age-restricted senior residential condominium complex including 153 affordable units, recreation center, and associated infrastructure and site improvements on Lot 265 of Tract 16581. REQUEST FOR CONTINUANCE On April 13, 2010, the applicant (Lennar) submitted a letter (Attachment L) requesting continuance of the item from the April 20, 2010, City Council meeting to a later date. The letter cites the following reasons for the request: 1. Lennar is scheduled to meet with the Columbus Square Master Community Association and sub-associations on various dates in April and May. 2. Lennar has indicated concerns related to findings and conditions of approval contained in Planning Commission Resolution No. 4134. RECOMMENDATION The City Council may take either action 1 or 2 or other action as deemed appropriate: 1. In accordance with the Planning Commission's recommendation, adopt Resolution No. 10-33: a) Denying Conditional Use Permit 09-024, Amendment to Concept Plan 03- 003, and Amendment to Tract Map 16581 for the subject project for apartments or rental tenure, and b) Approving Design Review 09-024, and Conditional Use Permit 09-024 as it relates to parking, authorizing the development of a 240-unit age- restricted senior residential condominium complex including 153 affordable units, recreation center, and associated infrastructure and site improvements on Lot 265 of Tract 16581. 2. In accordance with staffs recommendation, adopt Resolution Nos. 10-33 , 10-34, and 10-35 approving the project as follows: City Council Report April 20, 2010 Coventry Court Page 13 a) Resolution No. 10-33 approving 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, with a parking standard of 1.7 spaces per unit, including 153 affordable units, recreation center, and associated infrastructure and site improvements on Lot 265 of Tract 16581; b) Resolution No. 10-34 approving 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; and c) Resolution No. 10-35 approving Amendment to Resolution Nos. 05-40 and 06-17, which approved Tentative Tract Map and Final 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 and authorizing the execution of the First Amendment to the Housing Agreement for Columbus Square and the Regulatory Agreement and Declaration of Regulatory Agreement and Declaration of Restrictive Covenants for rental units. FISCAL IMPACT The applicant has paid application fees related to this item. INTRODUCTION This staff report provides the City Council with an overview of the project proposal, history, and issues, including: • Background ^ Villages of Columbus, 2005-2006 Approvals ^ Permit and Construction Activity ^ Developer's Current Proposal ^ 2010 Planning Commission Actions • Current Entitlement Applications • Project Proposal ^ Site and Surroundings ^ Site Design and Architecture ^ Ownership tenure • Parking ^ Affordable Housing ^ Prior Approval and Conditions of Approval ^ Concept Plan and Tract Map City Council Report April 20, 2010 Coventry Court Page~4 ^ Membership and Voting Rights ^ Project Comparison • Issues Raised at Planning Commission Hearings • Public Input • Environmental Analysis Specific issues and discussion raised at the Planning Commission public hearings are summarized in this report. Full details and discussions on items raised at the Planning Commission hearings can be referenced in the Planning Commission Reports dated December 8, 2009, January 26, 2010, and March 23, 2010 and are included herein as part of the record (Attachment A). BACKGROUND Villages of Columbus, 2005-2006 Approvals Coventry Court is a neighborhood within the community of Columbus Square at Tustin Legacy. In 2005, the developments of Columbus Grove and Columbus Square (collectively known as the "Villages of Columbus") were reviewed and approved by the Planning Commission and City Council. On February 14, 2005, the Planning Commission adopted: 1) Resolution No. 3950 recommending that the City Council approve Zone Change 04-003 to allow for the development of detached carriage way units and amended the minimum requirement for a development site from 10 acres to 8 acres; 2) Resolution No. 3951 approving Concept Plan 03-003; Resolution No. 3952 recommending that the City Council approve Tentative Tract Map 16581, a density bonus, and affordable unit transfer; and 3) Resolution No. 3953 approving Design Review 04-006 for development of 1,077 residential units for Planning Area 4 and 5 of MCAS Tustin Specific Plan known as Columbus Square. 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. Final Tract Map 16581 was approved with the adoption of Resolution No. 06-17 by the City Council on February 6, 2006. 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 approving Design Review 05-019 which authorized the development of a 240-unit City Council Report April 20, 2010 Coventry Court Page ~ 5 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. Permit and Construction Activity Since approval, only one (1) of the project's ten (10) 24-unit buildings has been completed (see Figure 1). The applicant has indicated to the City that the remaining units were suspended due to the economic downturn and that at this time 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 of Coventry Court. Tustin Coventry Seniors, LLC will acquire the property if the requested entitlements are approved, 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. ~~ ~ ~ ~ -- ~~ ~ ~' .~. y 4%4. l r. 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, 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 lapsed; thus the applicant has submitted new design review and conditional use permit applications (DR 09-024 and CUP 09-024) for the entitlement. Developer's Current Proposal While the developer has requested approval to resume the development as previously approved, the developer is requesting authorization to modify the project's prior City Council Report April 20, 2010 Coventry Court Page ~ 6 requirement for ownership tenure only. The developer is now proposing that the 240 units be provided for rental tenure. Pursuant to Sections 3.4.2.A and 3.4.5.A of the MCAS Tustin Specific Plan, "multiple-family residential (apartments)" are a conditionally permitted use in Planning Areas 4 and 5. Since resolutions of approval for Concept Plan 03-003 and Tentative Tract Map 16581 specified that senior housing developed at Columbus Square would be "for ownership tenure," the proposed project necessitates amendments to Planning Commission Resolution No. 3951 and City Council Resolution No. 05-40, respectively. The changes to these resolutions 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 1.5 of proposed Resolution No. 10-35. 2010 Planning Commission Actions The Planning Commission held a public hearing on the proposed project on December 8, 2009, January 26, 2010, and March 23, 2010, respectively. At the March 23, 2010, meeting, the Planning Commission adopted Resolution No. 4134 recommending that the City Council deny CUP 09-024, Amendment to CP 03-003, and Amendment to Tract Map 16581 for the subject project for apartments or rental tenure, and approve DR 09- 024, and CUP 09-024 as it relates to parking, authorizing the development of a 240-unit age-restricted senior residential condominium complex including 153 affordable units, recreation center, and associated infrastructure and site improvements on Lot 265 of Tract 16581. CURRENT ENTITLEMENT APPLICATIONS In summary, the project proposal involves the following new or amended entitlements: 1. DR 09-024: New design review for the development of a 240-unit senior housing project, including associated recreational facilities and site 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. 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. City Council Report April 20, 2010 Coventry Court Page ~ 7 PROJECT PROPOSAL The project proposal involves the development of 240 units (24 units constructed, 216 remaining) on an approximately nine (9) acre site, including a recreation center and associated infrastructure and site improvements with a parking standard of 1.7 spaces per unit. No changes to the previously approved plans (including site design, architecture, landscaping, parking, etc.) are proposed. The submitted plans are consistent with the plans previously approved by the Planning Commission in Design Review and by staff in plan check. The only change proposed from the previously approved project is the requested modification to the housing tenure type from ownership to rental. 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 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). y~.tr[ ~ u~l N~'f Total approved number of units, including approved density bonus. Not all units have been constructed. Figure 2. Location Map City Council Report April 20, 2010 Coventry Court Page 18 Site Design and Architecture The 240 units are divided into ten (10) three-story cluster buildings. The buildings are designed as U-shaped clusters containing twenty-four (24) units and are separated by either a minimum of twenty-six (26) feet of open space or a two-way drive with landscaping, parking, and sidewalks (See Figure 3 -Building Layout). Each cluster includes twenty (20) single car garage spaces and four (4) residential units on the ground floor and twenty (20) units on the second and third floors. The units feature six different plan types, either one (1) or two (2) bedroom, ranging from about 660 - 1750 square feet (see Attachment D -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. ,„~, +.w. N;.a EL1/MGER AvE ~+w,..~: x.~:.a:o-srmrr~.,,•,a... -.I .. ~.,....rrame,..,:-ss I ,av v; w _ _ .~. ... -T... •.w ~•.. ..._.._ _ .__. _._.. _.. -......_~ __ _ -'t ---'_ ~~ _. .- . ._ ~ -. ~:; ;. ~ _ . I I... ~~~ j ~ ~ asa rn.~ G o r ^~',l _... a ' ._ .e FIRE I ~ ` _ i. ~'~. -f' n~ ° ~.c~•w~~ 17 I .e ~-. ~ --~ Srn~f~N i ~ I t_ tr ~_ , -L_ J~ ~1 ~ { v I I ~J I ~ ,I r J ~i`y~~~7' ~ a ~~ I r'OJ.~~~'i.~' i. M ~`V I c. •m i s ~I ~ ~ ~ (~ ~. J ~-~- !+A+~ I ~....~ -I ._ I ~_ l / ,". ~ .ay3,vkr cb[ !. s.n ,p I .. 1~ 6 hYVMt J`J d f ~. M7 M L ry~ ~ 'A:-YK O, y gy~pp/ _ I ~' ~ 11C_'f' _ ~!„ j I _ I t"' i ~ ~ x 1 I I ~ P ~ - -~- -tip f , II r:'~ , '' ` ,. t i. I I ~ r ~.~f.1'L -~: ~~" .-~ , - ~ 5 - `_ ->~r~ I~~~II I e~y~+~ ~I ' M Ig1k:Y. _.-.y ._ _.._. ~ I .._ _ f r - _. QIARLE,~N 5,.. I ~ ~ c a- III ~ - f 4' :nwim• I ~ .u. i r..v .Mn ..p. nw r...e , ~ ~~ .z .ter, I - "". _ t., . ~ ~ - _ _ ~ I ~iy~ , I i rw w. ~ rya e. row .~ « I -- LyC~' ~' - - - - ~ 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). City Council Report April 20, 2010 Coventry Court Page ~ 9 Figure 4. Elevations Ownership Tenure Pursuant to Sections 3.4.2.A and 3.4.5.A of the MCAS Tustin Specific Plan, apartment development in Planning Area 4 and 5 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. Approval of the subject 240 units for rental would remain within the 25 percent limit on apartments in the Specific Plan area. The project should be viewed in context of the greater master plan for the reuse of MCAS Tustin and considered as part of the overall development of the Villages of Columbus (Columbus Square and Columbus Grove), in which it is the only rental project built or anticipated. The 240 rental units out of a total of 1,540 units in the Villages of Columbus constitute less than 16 percent and also represents 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. 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 in a letter dated August 24, 2009 (Attachment C) 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 M„ . . Cuncentual Elevations ~ City Council Report April 20, 2010 Coventry Court Page 110 affordable homes beyond mid-2012. If allowed as rental, the affordable apartments would be available in the marketplace upon completion of construction. 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. 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 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. Additionally, the applicant submitted an addendum to the original parking demand analysis (Attachment D) prepared by Patrick Gibson, P.E., (the registered engineer who had prepared the original analysis) addressing potential trip generation and parking impacts of the proposed changes (ownership to rental tenure) to the 240-unit senior project. The addendum also concludes that any changes to the trip generation of the project based on the proposed change in tenure would be minimal. Therefore, 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 City Council Report April 20, 2010 Coventry Court Page 111 the previously approved Housing Agreement and Housing Plan. However, the proposed changes in the project's tenure necessitate amendments to the Housing Agreement and Affordable Housing Plan. The amendments implement new rental language, terms of affordability, and regulatory agreements. The amendments to the Housing Agreement and Affordable Housing Plan are included as Attachment F for Council's consideration. 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 approval of that project would still apply. As a result, if the City Council approves the proposal, staff is recommending that a general condition of approval (proposed Condition 1.10 of Resolution No. 10-33) 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. 10-33, 10-34, and 10-35. 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. City Council Report April 20, 2010 Coventry Court Page~12 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. 10-34 and 10-35 reflect the amendments to CP 03-003 and TTM 16581. Membership and Voting Rights Initially, the applicant proposed the 240-unit senior community to be annexed into the master association at a rate of 2:1 assessments and voting rights. Therefore, the owner of the senior project would have paid assessments at a rate of .5 assessments per unit, instead of the 1 assessment per unit which was envisioned when the association was formed and operating budget was prepared. As a result, all other homeowners outside of the senior project (835 homes) in the master association would have been reassessed to make up the shortfall for 120 assessments over the life of the project. The owner 240-unit senior project would also be allotted a total of 120 of the total 955 votes (12.5 percent) in the association. Subsequently, the applicant proposed not annexing the subject property into the master association and alternatively utilizing a recorded agreement between the Columbus Square Master Community Association (CSMCA) and the property owner of Lot 265. The applicant has indicated that the purpose of such an agreement is that the bottom line would result in the future owner of the 240 apartment complex paying an amount equivalent to full assessments while ensuring rights and commitments, and that such an agreement should result in no net change for other homeowners in Columbus Square. The applicant submitted a "Summary of Rental Proposal" (Attachment G); however, no details on this proposal have been submitted to the City at the time of completion of this Report. Condition 2.1 of Resolution No. 10-33 requires the applicant to secure an agreement to this effect, for review and approval by the City. Project Comparison To illustrate the difference between the original approved project and the current proposal, the following matrix provides comparison of the project's key components. Changes are highlighted in red italicized text. City Council Report April 20, 2010 Coventry Court Page~13 Parking 409 spaces 409 spaces Parking management plan required as a Condition • Requires City review and approval • Limits total number of cars allowed be kept on site • Enforcement by property owner/operator or HOA Parking Ratio 1.7 spaces/unit 1.7 spaces/unit Pool and Recreation Center Private Pool and Recreation Private Pool and Recreation Center Center _ Site Design As approved No Change Not Annexed/ Not CSMCA Dues 1 Assessment per Unit An amount a°giriva'r~-" !0 1 Assessment per _ individually paid by each owner Unit to br~ rnr<< by ~ieve~loper CFDZfees As approved No Change CSMCA: Columbus Square Master Community Association z CFD: Community Facilities District ISSUES RAISED AT PLANNING COMMISSION HEARINGS Several issues were raised at the Planning Commission public hearings, and in correspondence submitted for consideration by the City Council and included herein as part of Attachments A and H. The issues include the following and are discussed below: 1. Homebuyer disclosure and notification documents 2. Master association dues, membership, and voting rights 3. Community Facilities District fees 4. Occupancy limits 5. Age restrictions 6. Property transfers or assignments 7. Parking 8. Qualifications of the developers 9. Applicant's request for amendments to proposed conditions of approval 1. Homebuyer disclosure and notification documents Issue: Many residents noted their concerns that the developer of the entire community 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. At the January 26, 2010, public hearing, residents noted there was more than one version of the Homebuyer Disclosure document and homeowners who purchased at various stages of the Columbus Square development were given different versions of the City Council Report April 20, 2010 Coventry Court Pagel14 documents from the homebuilders which contain varying language, specifically regarding rentals within the Community. Response: At the January 26, 2010, public hearing, it was questioned when specific rental language was added to the Developer's Disclosure document. Lennar provided City staff with what they have stated to be all versions (five in total) of the Columbus Square Homebuyer Disclosure Statement. It appears that such language first appeared in the September 25, 2008, version of the document (See Planning Commission Staff Report dated March 23, 2010 for detailed timeline). Homebuyers who purchased prior to this date would have likely been provided a Disclosure Statement that did not disclose the possibility of rentals at the Active Adult neighborhood in express terms. The following table provides a timeline of when changes to the disclosures occur. 2. Master Community Association dues and membership and voting rights within the master Community Association Issue: Concerns were raised regarding the resulting increase in association dues for non-Coventry homeowners and voting rights in the community association allotted to the apartment community. Response: As mentioned previously, the applicant now proposes to not annex Coventry into the master association and alternatively utilizing a recorded agreement between the CSMCA and the property owner of Lot 265. The applicant has indicated that the purpose of such an agreement is that the bottom line would result in the future owner of the 240-unit apartment complex paying full assessments while ensuring rights and commitments, and that such an agreement should result in no net change for other homeowners in Columbus Square. As Coventry would not be annexed to the CSMCA, Coventry owners would have no voting rights in the CSMCA. 3. Community Facilities District (CFD) fees Issue: Questions were raised if the project would result in an increase of the of the Community Facility District (CFD) fees. City Council Report April 20, 2010 Coventry Court Page 115 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. 4. Occupancy limits for the proposed units Issue: Questions were raised as to the maximum number of occupants that can reside in each unit. Response: Federal and State agencies occupancy guidelines for affordable housing are: two persons per bedroom plus one. This is reflected in the First Amendment to the Housing Agreement which would need to be executed by the applicant as part of the condition of approval of the project. If the project is approved as rental units, this requirement could be included in the lease agreement and be enforceable by the property manager. Should the project remain as condominiums, this requirement would be difficult to enforce. 5. Age restriction requirements Issue: A concern was expressed as to the terms of senior occupancy of the project and whether the project could ever be converted to allow residents other than seniors. In addition, questions were raised whether only seniors could occupy the units. 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 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. With respect to the senior occupancy of the units, the Fair Housing Act provides an exemption with respect to housing intended and operated for occupancy by persons 55 years of age or older, where at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older. However, this project must be reserved 100 percent for seniors (where at least one person is 55 years of age or older) because it was approved as part of a master planned community and received the benefit of a density bonus, density averaging, density transfer, parkland credit, parking reduction, etc. To ensure that the City Council Report April 20, 2010 Coventry Court Page 116 project remain as a senior development, proposed Condition 1.11 of Resolution No. 10-33 requires an age-restrictive covenant to be recorded on the property. 6. Property transfers or assignments Issue: The question of length of ownership and ability of the future property owner (proposed to be Tustin Coventry Seniors, LLC) to transfer or assign ownership of the property were also raised at the January 26th Planning Commission meeting. Response: At the hearing, Shaun Bradley of Meta Housing indicated that it was not the intention of Meta to build and ultimately sell the property because of the type of financing options they are pursuing. In benefitting from public tax finance credits and tax-exempt bonds, their compliance period would be minimum 15 years. If approved, the proposed project necessitates an amendment to the existing Housing Agreement and Affordable Housing Plan and inclusion of a Regulatory Agreement to reflect the change in tenure and implement new rental language and terms of affordability. Section 6 of the Regulatory Agreement states that the developer is not to sell, transfer, or otherwise dispose of the property without obtaining written approval from the City. Section 6 also states that that the provision is to terminate at the end of one year following the expiration of the Qualified Project Period, which is specified as 55 years. Section 8 of the Regulatory Agreement also states that the covenants and restrictions of the Regulatory Agreement shall run with the land and are enforceable upon the Developer, its successors and assigns. Consequently, the City will have the authority to approve all transfers, sales, and assignments of the subject property (and associated obligations) for a period of up to 56 years. If a successor or assign to any portion of the property is approved, that party will be subject to all covenants and restrictions thereof. 7. Parking Issue: Some have expressed that they believe 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. Response: As indicated in the Parking section of this report, 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 and the registered traffic engineer who prepared the original analysis both independently re-reviewed the previously approved parking demand analysis in conjunction with the subject application for 240 senior rental apartments and determined that the difference in City Council Report April 20, 2010 Coventry Court Page 117 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. 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 Resolution No. 10-33 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 (PMP) for review and approval by the Community Development Department. The PMP is to include that the owners and/or residents of the senior project are not to own or maintain more than 376 vehicles on site at any time. This requirement is to be enforced by either the HOA (in a condominium scenario) or the property management company (in an apartment scenario). Limitation on the maximum number of cars on site would be easier to enforce in an apartment scenario, as it can be incorporated into a lease agreement and would be monitored by a property manager who manages all 240 units. 8. Developer's qualifications Issue: Several residents indicated that Lennar is a homebuilder and not experienced or qualified to operate as a property manager for the project. 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 senior housing developments (See Attachment G of the Planning Commission staff report dated January 26, 2010). Based upon the submitted portfolio, it appears that the Meta Housing Corporation has experience and knowledge of operating approximately seventeen (17) senior housing complexes. 9. Request for amendments to proposed conditions of approval by the applicant. Issue: Lennar, as a member of Tustin Coventry, LLC requested amendments be made to Conditions 1.9 and 4.9 of Planning Commission Resolution No. 4134, Condition 1.5 of proposed Resolution No. 4136, and Condition 1.8 of proposed Resolution No. 4137 related to the fair share contribution to the Tustin Legacy Backbone Infrastructure (Attachment H). City Council Report April 20, 2010 Coventry Court Page 118 Response: Condition 1.9 of Planning Commission Resolution No. 4134 was amended to reflect future owner(s) obligation under the Housing Agreement and its associated Regulatory Agreement for the project. However, Condition 4.9 of Resolution No. 4134, Condition 1.5 of Planning Commission Resolution No. 4136, and Condition 1.6 of Planning Commission Resolution No. 4137 remain the same as originally drafted 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. However, prior to the January 26, 2010 public hearing, Lennar indicated that their concurrence was related to modified conditions brought up at that hearing but not related to the requested amendments in which Lennar maintain that the fair share contribution is inapplicable to Coventry project. PUBLIC INPUT Existing residents of the Columbus Square community attended the three prior Planning Commission meetings to express their opposition to the proposed project. Additionally, many residents have submitted written correspondence to City staff, the Planning Commission, and the City Council raising issues (discussed above in the "Issues" section of this Report) and expressing opposition to the project as proposed. Several letters and emails and a "Petition Against Converting Coventry Court from Ownership Tenure to Rental Tenure" with 361 signatures have been received by the City over the course of the subject proposal (see Attachment A). Of those, the correspondence received subsequent to the March 23, 2010, Planning Commission meeting, specific to the City Council scheduled public hearing of April 20, 2010 is included in Attachment I. 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 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. City Council Report April 20, 2010 Coventry Court Page 119 CONCLUSION The findings to support the City Council decision are outlined in respective City Council Resolutions. Staff recommends approval of the project as proposed and conditioned for apartments (rental tenure) based upon the following: a) The project, as proposed, is in conformance with the project as was previously approved. No changes to number of units, site design, architecture, amenities, parking, senior component, or affordable component are proposed. The sole change proposed to the project is a change in tenure from ownership to rental for the 240 units. b) The applicant's most recent proposal, to not annex the senior community and alternatively utilize a recorded agreement between the owner of Lot 265 and the Columbus Square Master Community Association (HOA), would result in a no net change for all of the other Columbus Square residents in terms of HOA dues, makeup, and voting rights. c) Other concerns raised during the project have been addressed through additional conditions of approval. The City Council have the following options, as detailed in the "Recommendation" section of this Report: 1. Act in accordance with the Planning Commission's recommendation, denying the subject project as apartments (for rental tenure) and approving the project as condominiums (for ownership tenure). 2. Act in accordance with staffs recommendation, approving the project as proposed and conditioned as apartments (for rental tenure). ~ f~ ic~ "~ Reina Kapadia Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Report to the Planning Commission dated December 8, 2009, January 26, 2010, and March 23, 2010 B. Location Map C. Letter of Justification from Lennar dated August 24, 2009 D. Submitted Plans and Parking Analysis E. Planning Commission Resolution No. 4134 F. First Amendment to the Columbus Square Housing Agreement and Affordable Housing Plan City Council Report April 20, 2010 Coventry Court Page ~ 20 G. Summary of Rental Proposal by Lennar dated March 17, 2010 H. Letter from Lennar dated March 23, 2010 requesting amendments to conditions of approval I. Public Input - emails and letters received from residents following Planning Commission hearing of March 23, 2010 J. City Council (draft) Resolution No. 10-33 (Alternative 1: denial of project for rental tenure, approval of project for ownership tenure) K. City Council (draft) Resolution Nos. 10-33, 10-34, 10-35 (Alternative 2: approval of project for rental tenure) L. Letter from Lennar requesting continuance, received April 13, 2010 Attachment A Reports to the Planning Commission December 8, 2009 January 26, 2010 March 23, 2010 Due to the voluminous nature of these documents, hard copies will be provided to the City Council. Other interested parties wishing to review these documents may view at the locations noted on the following page. FULL COPIES OF THE DECEMBER 8, 2009, JANUARY 26, 2010, AND MARCH 23, 2010, REPORTS TO THE PLANNING COMMISSION, INCLUDING ATTACHMENTS, ARE AVAILABLE AT THE FOLLOWING LOCATIONS: 1.ON FILE WITH THE COMMUNITY DEVELOPMENT DEPARTMENT AT CITY HALL, 300 CENTENNIAL WAY, TUSTIN, CA 92780 2. ACCESSIBLE THROUGH "DOCUMENT ARCHIVE" ON THE CITY'S WEBSITE: http://www.tustinca.orq 3. COPY WILL BE AVAILABLE FOR VIEWING AT THE APRIL 20, 2010, CITY COUNCIL MEETING Attachment B Location Map LOCATION MAP ~~`9~~~:°~ , a ."+ ci, °' 1 :` aw~a~, 4 ~ eat, r ~~ COVENTRY COURT AT COLUMBUS SQUARE l g g PRp~OJECT NO.: CUP 09-024, DR 09-024 '~.91~a9 ~4~". d..aa~l~k'9'~l~l~';i ° ~7 ~. ~.. ~ i"t... ~~~ Ir~~'i\r~ ~ ',1);Pp t~. ~'~A ~. 3r L. \~' ~ / ~, ~ !4~ ~\_• / ¢~ /v \ /~ ~~ ~~~ ~. ~,~N ~~ ~ ~\ ~ t~ / \ j '~\ ~ /T / ~'$QUARE ; ;yam. ~FtiT~7 ~ / \ /\ ~- 3i1U1C1/ ~~~ ~ ./ ~ 1 ~ : 1~ '~ -~ Cdr ?c~ ., oos~rn Attachment C Letter of Justification from Lennar August 24, 2009 August 24, 2009 Ms. Elizabeth A. Binsack Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 RE: Coventry Court -Request to Permit Rental Housing Dear Elizabeth, RECEIVED au~ z s 2009 COMMUNi~n DEVELOPMENT IiY ~_ The application that accompanies this letter provides the materials that address our requested modification to the current approvals for Coventry Court, the 240-unit senior community that provides 153 affordable units in Columbus Square. The only change being requested is to allow the community to develop as rental homes operated by a recognized leader in managing senior/affordable rental communities. The current approvals require Coventry Court to be for-sale homes that would restrict ownership and occupancy to "Owner-Occupants" only. As you are aware, the first building at Coventry Court has been completed. This building contains 24 residential homes (15 of which are affordable units) including the models that were used in the sales effort that was suspended last year. That sales effort highlighted the significant challenges the current market place presents to a for-sale senior community while market interest has also demonstrated that a rental community can be successful where the for-sale effort was not. The City of Tustin's approval of this request will allow Coventry Court to move forward almost immediately, allowing the development to deliver the affordable homes provided by this community in larger increments than previously anticipated as a "for-sale" community. The remaining 216 homes are scheduled to be constructed in two separate phases. The first phase anticipates construction of 120 homes, 75 of which are affordable, to start as early as January 2010 with occupancies at the end of December 2010 or early January 2011. The second phase anticipates starting the remaining 96 homes, 63 of which are affordable, in July 2011 with completion expected in June 2012. The recreational amenities will be constructed in conjunction with the first phase going forward. justification for Request 1. Approval of this request will accelerate the construction and delivery of the 153 affordable homes provided within Coventry Court. The current market along with the construction schedules associated with delivery of for-sale homes would have completion of these homes far beyond mid-2012. If allowed as rental, 90-affordable homes would be available in the marketplace by the end of 2010. 2. Construction of Coventry Court as a rental project allows the remaining `market' products within Columbus Square to maintain compliance with the phasing schedules that require complimentary delivery of market rate and affordable products. 25 Enterprise, Suite 200, Ai1so Viejo, CA 92656 • Phone: (949) 349-8000 • Fax: (949) 349-0798 8 3. Approval will also clear the path to proceed with development on a prominent parcel at the perimeter of Columbus Square that demonstrates completion of a significant portion of the Tustin Air Base. 4. If this request is approved, Coventry Court will develop according to the currently approved plans with no physical changes to the community other than any code update requirements that may prove necessary. Organization of A~alication ^ We have included the items you identified when we met to discuss this application. The requested modification most typically results in an amendment to the Resolution that approved an action and/or conditions of approval, associated with such an action. These items are included in the package and are highlighted where the change from "for-sale" or "Owner-Occupied" housing is required. ^ The most significant modifications necessary are associated with the Housing Agreement. We have developed the "First Amendment to Housing Agreement for Columbus Square" that incorporates red-line edits where modifications to language need to be included to support the request to permit rental units. ~' ^ The majority of the plans that would be part of an original application have been included to demonstrate that there are no physical changes to the approved project. We have included a directory that ties this application and what is provided to the submittal requirements with the goal of providing a quick summary of what is not included and why. If you need further information or have any questions or concerns, please do not hesitate to give me a call at (949) 349-8155. We are eager to obtain confirmation that you find this application submittal complete and to begin discussions that define the schedule and process going forward. We are proud of the community we have developed in Tustin and believe this request allows the delivery of the remaining affordable homes to happen much earlier. I appreciate your consideration and am glad to have the opportunity to work with your team to bring the Villages of Columbus through to completion. Respectfully submitted, Lennar omen of California c. Donna Kelly cc: Carl Morabito, William Lyon Homes, Inc. Shaun Bradley, Meta Housing Corporation 25 Enterprise, Suite 200, Aliso Viejo, CA 92656 • Phone: (949) 349-8000 • Fax: (949) 349-0798 Attachment D Submitted Plans and Parking Analysis ~ -°. ._~~ r ~~ o ., ~ 0 _,$ ~~ ~~aC ~cp ~^ ~an,m Ay Cn ~~ O` ~p 3 = mo ~a W a' J 'S lA w~~ a co~.a a o ~ rnm a < y o ne n~ Z N~. aao time ~;~ rno ~ ~ o o o ~ °o ^ l 1 O r ~d ~ ~ ^~ ~ n ~ D C " z a m O 7~ r G~ C~J ti~~~D~ ~~ ~m a~ ~o ~' _ c~~-{= ~~ ~~ 3 ~ -~ z ~ ~ ~ D =~ _ ~.~"_y ~;~~, ~ ~ ~ ~ N 1 0 0 0 Cr'i '~ . --1 C r rn b z ~ ti ~ ~ Z a~ Ly O og ~ ~ ~ n? 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NUMBERED: 383' p' I LETTERED: 192. . w LOTS 1 THROUGH 15 OF TRACT N0.48~f, IN THE CITY OF AREA ~ 105.471 ACRES GROSS TUSTIN, .COUNTY OF ORANGE, STATE OF CALIFORNIA, AS AREA ' 72.7 ACRES NET SHOWN ON-THE MAP RECORDED IN BOOK 869, PAGES; 41 THROUGH DATE OF SURVEY: FEB. 14. 2005 44, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF • ORANGE COUNTY' _ IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE. OF CALIFORNIA } MICHAEL SIMON, P.L.S. 6034 TAIT do ASSOCIATES. INC. OWNERSHI~ CERTIFICATE: DATE OF SURVEY: FEBRUARY 14. 2005 COTS 263- ZJ2, 294-330 AND 932- 36/ k1/C1.115//E RJR GY.~VooM/N/!~'I R%S WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATK)N AND RECORDATION OF SAID MAP, AS _ SHOWN WTHIN THE DISTINCTIVE BORDER LINE. WE HEREBY DEDICATE TO THE CITY OF TUSTIN, AS SHOWN HEREON: ® PORTIONS aF~ SEVERYNS ROAD, VALENCIA .NORTH LOOP ROu1D AND WEST CONNECTOR. Q A RESERVATION FOR FUNRE gUITCIAIM DEDICATION TO 7NE CTT'( OF TUSTIN IN PCE TITLE, AT • NO COST, L015 Z, ZA ANb Ze. QD AN EASEMENT FOR SIDEWALKS; LANDSCAPING ANO MNNTENANCE PURPOSES. Q ' AN EASEMENT FOR SIGNAL EQUIPMENT AND MNNTENANCE PURPOSES. AN EASEMENT FOR PUBLIC USE AND PUBLIC ACCESS PURPOSES, OVER LOTS . - 264, .293, 331, L0T5 AA;! AND AN,. LOTb E,6,P, R; B,T, U AND X. AN ACCESS EASEMENT•FOR EMERGENCY VEHICLE ACCESS. PUBLK: SERVICE VEHICULAR INGRESS MID EGRESS,, AND PUBLK; UTILITIES OVER LOTS '11'. THRU Y, LOTS AA' THRU AQ, LOTS BA THRY DG, LOTS CA THRU. CP, LOTS EA THRU EG, L0T5 FA THRU LOTS FD, LOTS GA THRU GH, LOTS HA THRU HO AND LOTS U1 THRU IL, INCLUSNE, AS SHOWN HEREON. AN ACCESS EASEMENT .FOR PUBLIC .SERVICE VEHICULAR INGRESS AND EGRESS, PEDESTRVW. PURPOSES AND PUBLIC UTILITIES OVER lATS DA THRU DJ, HiCU1SIVE. AS SHOWN HEREON: WE ALSQ HEREBY RELEASE AND RELINQUISH, ALL VEHKx1LAR ACCESS RIGHTS TO EDINOER AVENUE, PUBLIC PORTION OF~SL°V6RYN>: ROAD VALENCIA NORTH LOOP ROAD AND WEST CONNECTORS EXCEPT AT STREET INfRRSECTIONS AND ~. APPROVIED ACCESS LOCATIONS. ACCEPTED AND FILED AT THE RFAUEST OF DATE TIME ~ INSTRUMENT BOOK PAGE TOM DALY COUNTY ERK-REC DFR BY ~ ~. OWNERSHIP CERTIFICATE:(CONTINUED) PARCELS H)ENTIFlED HEREON AS IRP-13S(LAT 12 ANO LOT 13) AND IRP-13W (LAT 14 AND LOT 15 ARE CURRENTLY OWNED BY THE UNffED STATES OF A ERICA.PENDING LATORY CLOSURE AND ARE SCHEDULED TO BE CONVEYED TO LENNAR, HOPPER MEADOWS PARTNERS, U.C. AND THEIR SUCCESSORS AND ASSIGNS, AT WHICH TIME. THESE PARCELS WILL BECOME PART OF THIS PROPOSED DEVELOPMENT THE UNITED STATES OF AMERICA, AS CUSTODW. OWNER OF THE IRP-13S(LOT 12 AND LOT 13 AND IRP-13W(LOT 14 AND LIDT 15) PARCELS. FURTHFJ2 ACKNOWLEDGES THAT R OWNS THE PARCELS IDENTIFIED HEREON. PENDING COMPLETION OF ENVIRONMENTAL REMEDIATION WORK AT WHK:FI TIME SAID PARCELS ARE TO BE CONVEYED TO LENNAR, MOFF1:fT MEADOWS PARTNERS, LLC. AND THEIR SUCCESSORS AND .ASSIGNS. - . h BY: C STOPH E KER REM. ESTATE CONTRACTING OFFICER NOTARY ACKNOWLEDGMENT: STATE OF. CALIFORNIA WE ALSO HEREBY DEDICATE THE FOLLOWING AS SHOWN HEREON: COUNTY OF .. SS ® A RESERVATKN FOR WTURE. EASEMENT TO THE HOMEOWNERS ASSOCUITKMI FOR LAND- . SCAPE PURPOSES AND SECONDATIY COMMUNITY ENTITY. WE ALSO CItANT 9Y DEDICJITK>t1 TO THE IRVINE RANCH WATER DISTRICT THOS PIPELINE EASEMENTS PoRSEWER,TWITIiIANDRTiCl111NqlY00'ERPURPOST3 SHOWN ONTNISMAP, WHICH EIIS~MEN15 SHAD. 8E SUBJECT', TO THE SANE TERM6 ANb OONDTTIONS AS ARE• SHOWN M C1:RTNN EASEMENT RECORDED FEB. 14, IaOI AS INST. NO. 9 1-0703 18 OFFICIAL- RECORDS OF ORANGE .COUNTY' ANb AN AOOED CONDITION THAT NO TREES SF~AU. ITE PLANTED NI SAID . `PIPELINE EAS>J~Nt WITHOUT WRITTCN CONSENT FROM-.THE IFIVIHI: RANCH WATER. DISTRICT: p A RESERVATION FOR A FUTURE 3' WIDtl EAS~tMENT TO 7HE HOMEOWNERS ASSOCIATION ~, pOR..PUBLIC USE AND PUBLIC ACCESS PURPOS63. TUSTIN VILLAS PARTNER, U C,. A DELAWARE .LIMITED LIABILITY COMPANY, fI5 ADMINISTRATNE MEMBER BY: LENNAR. HOMES OF'CAUFORNU4 INC., A CALIFORNIA CORPORATION, TTS MANAG 6-M AIBE BY• • ON THI 30 S BEFORE ME, ,~ PERSONALLY APPEARED r/, ' ~ k6. IL;t5K61T' ~ PERSO LY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRHED TO THE WTHIN INSTRUMENT MID ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/TFIEIR AU1110RIZED CAPACITY(IES) AND TWIT BY HIS/HER/THEIk SIGNATURE(S) ON THE. INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHK:H THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY/PIAND: SIGNATURE - MY PRINGPAL PLACE OF BUSINESS NOTARY PUBLIC AND R AID STATE IS IN ~'eA ~~ COUNN EI/ra.~rN M_ Mal+~ MY COMMISSION EXPIRES 0 o>r PRINT NAME: ~ (NAME PRINTED) 1tT NOTARY ACKNOWLEDGMEI 0~ F'ORNIA SS HOPPER MEADOWS PARTNERS, LLC, A DELAWARE UNITED LIABILfIY COMPANY, AS OWNER AND AND BENEFlCU~RY UNDER DEEDS OF TRUST RECORDED JULY 29, 2005 AS INST. NO.'S 2005000589880, 2006000690847, 2005000591025 AND 2005000591382 BY: MARBLE MOUNTAIN PARTNERS, -LLC, A DELAWARE UNITED LY181LM COMPANY. TT5 SOLE MEMBER' BY: TUSTIN VILLAS PARNRER, LLC, A OEIAWARE LIMITED LV181UTY COMPANY, ITS. ADMINISTRATIVE MEMBER BY: LENNAR HOMES OF CJILIFORNUI, INC., A CALIFORNIA CORPORATION, ITS MANAG PRINT NAME: ORA ASTORUti. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY: ORA RESIDENT4IL INVESTMENTS I, .LP:, A CALJFORNIA LIMITED PARTNERSHIP, IT$' SOLE MEMBER BY: ORA CALIFORNIA II, LLC, A. DELAWARE LIMITED LIABILITY COMPANY, ITS GENERAL PARTNER IS MRANAGRER E9lOIfT~ PARTNERS, TLC, A DELAWARE LIMITED LIABILITY COMPANY, BY^ PRINT NAME: _ MAPL TITLE PRESIDENT MW • HOUSING PARTNERS III, L.P., A .CAUFORNUI LIMITED PARTNERSHIP BY: MW HOUSING MANAGEMENT III, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ITS GENERAL•:PARTNER BY: WRf CP 'INVESTMENTS III, LLC, A WASHINGTON LIMITED LIABILITY COMPANY,. . ITS, COMANAGER BY:, WEYERHAEUSER REALTY INVESTORS,. INC:, A WASHINGTON CORPORATION, PRINT. NAME: ON THIS ~ ,BEFORE ME, ON THE BASIS OF SATISF DENT IS/ARE SUBSCRIBED TO THE WRHI HE/SHE/TIiEY EXECUTED THE SAME W THAT BY HIS/HER/THEIR SIGNATURE(S) ENTITY UPON BEHALF OF WHICH THE PEI WRNESS MY HAND: ' SIGNATURE NOTARY PUBLIC IN AND FOR SAID STATE (NAME PRINTED) 0~ FORNU\ ss PERSONALLY APPEARED tSONALLY KNOWN TO ME (OR PROVED TO ME TO BE THE PERSON(S) WHOSE NAME(S) TENT AND ACKNOWLEDGED TO ME THAT . HER/THEIR AUTHORIZED CAPACITYf(IES) AND INSTRUMENT THE PERSON(S), OR THE N(S ,EXECUTED THE INSTRUMENT. MY PRINCIPAL PLAC BUSINESS IS IN LINTY MY COMMLSSION EXPIRES ON THIS ,BEFORE ME, PERSONALLY APPEARED --- - PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTO EVIDENCE) TO ~ THE PERSON(S) WHOSE NAME(S) , IS/ARE SUBSCRHBED TO THE WTTHI MENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY.EXECUTED THE SAME IN HER/THEIR AUTHORZZF) CAPACITY(IES) AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( ,EXECUTED THE INSTRUMENT. WITNESS MY HAND: SIGNATURE MY PRINGPAL F BUSINESS NOTARY PUBLIC IN ANO FOR SAID STATE IS IN COUNTY . MY COMMISSION EXPIRES (NAME PRINTED) NOTARYy~AgC~K~MNO~WLEDGMENT: STATE OF 6~FiMK ,, COUNTY OF ~_ j~ ON THIS @EFORE ME,~ 1 :r_ PERSONALLY APPEARED ~yjA1A l-.~.f'~B~rn~1 ~-ERSON LY KNOWN TO ME ()N-iliE-QAiI ' ) TO BE THE PERSON(S) WHOSE NAME(S) , I6fAFtE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/9NE/THEY EXECUTED THE SAME IN NI6fF1Eii/THEIR AUTHORIZED CAPACIiY(IES) AND THAT BY fiIC~LMiR/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: SIGNATURE ~aI~ ~Ly MY PRINGPAL PLACE OF BUSINESS NOTARY PUBUC.INISAH) STATE IS IN COUNTY MY COMMISS N EXPIRES ...(NAME PRINTED) SEE SHEET 2 FOR NOTARY ACKNOWLEDGMENTS, COUNTY TREASURER-TAX COLLECTOR'S CERTIFlCATE, SIGNATURE OMISSIONS, SURVEYOR'S STATEMENT, COUNTY SURVEYOR'S STATEMENT, CITY ENGINEER'S STATEMENT AND CITY CLERK'S CERTIFlCATE. WILLIAM LYO ONES, INC., A CALIFORNIA CORPORATION BY• PRINT NAM 11T1.E• T BY;_"~ PRINT NAME: TtrLE•. ,~s~sls-r ,Va ~~" i ~`3~. 4 , ~ SHEET ~2 OF 18 FALL OF TENTATIVE TRACT N0. 16581) NUMBER OF LOTS: NUMBERED: 383 LETTERED: 192 N2EA ~ 105.471 ACRES GROSS AREA; 72.7 ACRES NAT DATE OF SURVEY: FEB'. 14, 2005 •TRACT Na.; 651 LOTS 1 THROUGH 15 OF TRACT NO. IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 869, PAGES.41 THROUGH 44, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA MICHAEL SIMON, P:L,S. 8034 TNT do .ASSOCIATES,. INC. DATE OF SURVEY: FEBRUARY 14. 2005 L073 263- 292, 299- 830 AND 332- ~G/ AVCGGS/i~E FOR GZ7WQIOA?IWiUM `Y/RR~SES COUNTY TREASURER-TAX COLLECTOR'S CERTIFICATE: STATE OF CALIFORNIA 2 COUNTY OF ORANGE SS I HEREBY .CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFlCE, THERE ARE NO IJENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID; STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECUL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENT'S COLUECTED AS . •TAXES NOT YET PAYABLE. ' AND 00 CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP. ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND C BY THIS MAP: DATED THIS~~~,L:=OF 200b.- JOHN M.W.; MOORLACH" BY COUNTY TREASURER-TAX COLLECTOR PUTY .R-TAX 0 CTOR NOTARY ACKNOWLEDGMENT: STATE OF CALIFORNIA COUN1`( OFQ~SS ON j(iIS : ~ ~~BEFORE ME, ~~` ~ ~~rr~ERSONALLY APPEARED e.r,,. ?~~ PERSONALLY KNOWN TO ME (AR-PR91~-•i9-ME IS/ARE SUBSCF216ED TO THE WITHIN INS RUMENi AN ~KNOWLEDGED TO ME THA~Ta FIE/SHE/1}IGV• EXECUTED THE SAME IN HIS/F{GR/TMEIR AUTHORIZED CAPACRY(N"eel~j AND TFU1T BY HIS/HF~If THfeIR SIGNATUR~(9~J ON Ti{E INSTRUMENT THE PERSON(S~, OR THE ENTITY UPON BEFIALF OF" WHICH THE PERSONS} ACTED, EXECUTED THE INSTRUMENT. WITNESS D:' " SIGNATU MY PRINCI >AL PLACE OF BUSINESS NQQT~~ARY PUBLIC .I AND FOR SAR) STATE IS IN" COUNTY I.aLtl.Y17I ~•.~der/ MY COMMISSION EXPIRES ~' IS~6~I (NAME PRINTED) NOTARY ACKNOWLEDGMENT: STATE OF CAUFORNUI COUNTY OF ~ QN THIS .S~I,~R>~4~t QEFORE ME, 51XaR~~ PERSONALLY APPEARED 4L~Mli3,l11~1~ t Mli~Hr-~ R.?J1lf.T-PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS. OF SATISFACTORY EYIDENC~ TO BE THE PERSON(S) WFIOSE•NAME(S) I5/ARE SUBSCRIBED TO THE WTI'HIN INSTRUMENT AND ACKNOWLEDGED TO ME Ti41T , HE/SNE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACTTY(IES) AND -THAT BY HIS/HER/THEIR. SK;NATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHCH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HANDf SIGNATURE .~~- ~~tA~1Cl.GI MY PRINC P OF BUSINESS NOTARY PI/8UC IN AND FOR SAID STATE IS IN COUNTY S~KAA>! Irf M~~,Ar>c~ MY COMMISSION EXPIRES ~/ (NAME PRINTED) NOTARY ACKNOWLEDGMENT: SS' .~ I/ AN~THI~ ~ ~'eba~,wBE~ORE ME. Y~a ~• ~~AMS PERSONALLY APPEARED Kn dw~ PERSONALLY KNOWN TO ME (9R-PRAVEB-TA-ME T ) .TO BE THE PERSON(~j WHOSE NAME(S~1 IS/ARe'SUBSCRIBED TO•THE WTfHIN INSTRUMEM'~AND ACKNOWI.EDGEO TO ME THAT WE/Sf EXECUTED THE .SAME IN HIS/R AUTHORIZED • CAPACTTY(•16~ AND . THAT BY HIS/FIGI~FFIEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(.9'J, OR THE ENTITY UPON BEHALF Of .WHICH THE PERSON(@) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY D• SIGNATURE MY PRI G~1 PAL PLACE OF BUSINESS NOTARY' PjB IN AND FOR SAID STATE IS IN JCOUNN ~"~+~ D• la~R NA,S MY COMMISSIONrEXPIRES~ ~8f3~~ (NAME PRINTED) ~.~o M w • ~ ~ ~ ~ .7 3 T SIGNATURE OMISSIONS: PURSUANT TO THE PROVISIONS OF SECTION 66436 (0)(3)(A)(C) OF THE SUBDMSION MAP AGT, THE FOLLUMANO SIGNATURES HAVE BEEN OM COUNTY OF ORANGE, HOLDER OF AN EASEMENT FOR PERPETUAL AVK;ATION, RECORDED MARCH. "1'7, 1984 IN BOOK 6985, PAGE 721 OF DEEDS. MINERgL R/6//7S PER G15E0 R6CA40.~D /UL>/ 29 2~S AS .~NSTRUNr~IiT No.~ 'Za~Saose~~ei, zcasom3 6~aa2y~vo 2cn3GLb59~JQ/, All oa optic/At k6Ct:IPD3. SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY qJ CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF MOFFETT MEADOWS PARTNERS, LLC., IN FEBRUARY 2005. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSTTKNVS INDICJITED, OR THAT THEY WILL BE SET IN SUCH POSITIONS; AND THAT SAR) MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDTIIONALLY APPROVED TENTATNE MAP. • ~D~4 MK:HAEL SIMON, P.L5. 8034 REGISTRATION EXPIRES 06/30/07 E~ i~0341 COUNTY SURVEYOR'S STATEMENT:`: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND FOUND THAT ALL MAPPING T?RO'VISKINS .OF THE SUBDMSION MAP ACT HAVE BEEN COMPLIED WRH AND 1 AM SATISFlED SA~IDS~. MAP IS TECHNICALLY CORRECT RELATNE TO THE TRACT MAP BOUNDARY. DATED THIS ~ - DAY OF A~ 2006. RAYMOND L MATHE, L.S. 8185 ~` COUNTY SURVEYOR Erp.03191/a8 "" ~ REGISTRATION EXPIRES 03/31/08 tk .~ Nan1x CITY ENGINEER'S STATEMENT: I HEREBY STATE THAT i HAVE EXAMINED THIS MAP AND' FOUND TT .0 BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP, IF REQUIRED, AS FILED WRH, AMENDED AND APPROVED BY THE CITY COUNGL, THAT ALL PROVISIONS OF THE SUBDMSION MAP ACT AND CITY SUBDMSKfN REGULATIONS FIAVE BEEN COMPLN~ WITH ANO THE MAP IS' TECHNICALLY CORRECT IN ALL" RESPECTS NOT STATED TO BY THE COUNTY~~SUR~~V~~~~EY~~OR. DATED THIS DAY OFG+~_, 2006. Y};' / ' . ~ 'o TIM SERLET, .C.E. 28738 ~~.• CITY ENGINEER OF THE 'rI;L~N ~ REGISTRATION EXPIRES 09/30/08 ~III~* w .>!~ rla ~`,51 CITY CLERK'S CERTIFICATE: STATE OF CAL~ORNIA COUNTY OF ORANGE ASS , 1 HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNC~I}. OF THE CITY OF STIN AT A REGULAR MEETING THEREOF HELD ON THE ~ DAY OF 2006, AND THAT THEREUPON SAID COUNCIL DID,~BI'A i{ESOLUTKNI DULYPA55ED D ENTERED, APPROVE SAID MAP. AND DID ALSO ACCEPT ON BEHALF OF THE CIN OF TUSTIN: ® A RF5ERV4TION FOR ta1TURE,QURCLAIM DEDICATION TO THE tll"T OF TUSTIN IN FE6 71TL1:~ At NO COST, LOTS Z, ZA AND Z9• AN EASEMENT FOR SIDEWALKS, LANDSCAPING AND MAINTENANCE PURPOSES. DE AN EASEMENT FOR SIGNAL EQUIPMENT AND b1AINTENANCE PURPOSES. © AN EASEMENT FOR PUBLIC USE AND PUBLIC ACCESS PURPOSES, OVER LOTS 284, 293, 331, LOTS AAJ AND AAy LOTS E, 6, P, R, 5, T, U AND X. AN ACCESS EASEMENT FOR EMERGENCY VEHICLE ACCESS, PUBLIC SERVICE VEHICULAR INGRESS AND EGRESS. AND PUBLK: UTILITIES OVER LOTS 'A" THRU Y, LOTS M THRU AQ,LOTS OATYKU 1t LOTS CA THRU CF, LOTS LOTS EA THRU EG, LOTS FA THRU LOTS FD, L0~5 GA THRU GH, LOTS HA THRU NO AND LOTS: 41 THRU IL, INCLUSNE, AS SHOWN HEREON. AN ACCESS EASEMENT FOR PUBLIC SERVCE VEHICULAR ING6tESS.AND EGRESS, PEDESTRWV PURPOSES AND PUBLIC 'UTILITIES OVER LOTS DA THRU DJ, INCLUSNE. AS SHOWN HEREON. VEHICULAR ACCESS RKyH'TS TO EDINGER AVENUE, PUBLIC PORTION OF SEVERYNS RDAD, VALENCIA NORTH LOOP ROAD AND W1;5T CONNECTOR, AS RELF?A515D AND K1:LINpUISN~D. NO PORTIaNS OFSEVERYNS ROAD, VALENCIA NORTH LOOP ROAD AND WEST CONNECTOR. AND DIO ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTK)N 88438(p)(3)(A) OF THE SUBOMSION MAP ACT. 11~t,~~ / DATED THIS DAY OF _~_~AY OF ~s~ 2006. P ELA STOKER v CTIY CLERK CITY OF TUSTIN STATE OF CAU RN COUNTY OF(~ ~:. g?~ ~~~~~~~~y~ 3S (ALL OF TENTATIVE TRACT N0. 16581) T'i~ACT NCB. 651 NUMBER OF LOTS: NUMBERED: 383 LET'iERED: 192 LOTS 1 THi20UGH 15 OF TRACT NO. ~ IN THE AREA s 105.471 ACRES GROSS CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS AREA - 72:7 ACRES NET .SHOWN ON THE MAP RECORDED IN BOOK 869, PAGES 41 THROUGH 44, 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 SIMON, P.L.S. 6034 TAIT do ASSOCIATES. INC. ' ~ DATE OF SURVEY: FEBRUARY 14. 2005 ' (,oTS 265-192, 294-330 ANp 332-.3Co/ /M^LUSNE f;DR CdNDOM/N~UM PY/IQHOSL-~ CERTIFICATE OF ACCEPTANCE -IRVINE RAN :H WATER DISTRICT I, LESLIE BONKOWSKI, SECRETARY OF THE BOARD OF DIRECTORS OF IRVINE RANCH WATER 'DISTRICT- DO ~HE,RE6Y CERTIFY THAT THE INTERESTS IN REAL PROPERTY CONVEYED ,BY DEDK:ATION ON THIS SUBDMSION MAP ARE'HEREBY ACCEPTED BY. THE UNDERSIGNED AFFlCER ON BEHALF OF THE BOARD OF DIRECTORS OF IRVINE RANCH WATER'DISTRICT PURSUANT TO AUTHORRY CONFERRED 8Y RESOLUTION N0. 1978-111 OF THE BOARD OF DIRECTORS, ADOPTED ON NOVEMBER 8, 1976: BY: ~:. ~~o~c . ~ k-' . LESLIE BONKOWSKI SECRETARY OF IRVINE RANCH WATER DISTRK:T AND THE BOV~RD OF DIRECTORS THEREOF NOTARY ACKNOWLEDGMENT: STATE OF CALIFORNIA COUNTY OFD ~~ ON TH ~14Er~(..lO~~QO!'9EFORE ME,~~pC '_~~~~~PERSONALLY APPEARED ~~ ICOIOfX% PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE .BASIS OF SATISFACTORY EVIDENCE} TO BE THE PE 2SON(~ WHOSE NAME(',9~ IS/~ SUBSCRIBED TO THE WITHIN INSTRUMENT MID ACKNOWLEDGED TO ME THAT ME/SHE EXECUTED THE SAME IN 1NIC/HER/fh~IR AUTHORIZED CAPACITY(1~ AND THAT BY Ij(HER/ti•~ SIGNATURE( ON THE INSTRUMENT THE PERSON( OR THE .ENTRY UPON BEHALF OF WHICH THE PERSON) ACTED, EXECUTED THE INSTRUMENT. . WITNES~MjY~ HAND: SIGNATURF!/ C~ MY PRINCIQyy P OF BUSINESS NOTARY PU UC IN FOR SAID STATE IS iN OI'Gi~NFI~ C U ANC AI~~Gt MY COMMISSION EXPIRES ~8 ( E PRINTED) . .~.J ~ Q77 f i(I~~! ~ ;~ I~~ ~~e S ~~~ D~~~1~~~1~ 37 ~~~ Zz~~ ;m ~N~°,~~pp~~i .~V t0 ~I~~ D ~ N ~ ~ ~ ~ ~~ ~~ ~ ~ ~. Z ~, ~~~ N D Z t~j7j~ Q N v ~ ~ \ ~ ~ 'I N ~ ~- ~\ ~ ~ ~ I ~ ,\ \ - - i `\ /~ ~ ~ ~ ~ ~ ~ ~ .\ ~\ ~~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~~ .. ~ -~ i ~.\ ~, mD N ~~~ 0 m P° Z ~ t,~ ~ c~ N ~ ~; m ~ ~?~ ~ o~~ D W~y~~ m~ ~~~~ ~ ~ Z~~ m 0 0. ~~> D ~~~~0 ~,~.~ m• °~~ ~ QNQ ~rjiD ~~~ ~ ~ °~ z z ~ C~ ~~ ~ 00 N W J ~~~ nl~~~ i~~~ ~ 38 g Z Z '~D v _p` • ~ ~ ... i `~ ' tp S +w. ~' rn y~ .~ p~ N ~ i ~ '~ ~ ~. ~ I __ ,~ ~ ~ 30' ~ ~ RF~r ~~, v ,~ N "_ ~~~,~ •~ •k• orb\ir k~ ~ ~ .9 ~ y ~ N*o~S AY ~ y ~ o• ~' I ~ .I~ Z ~ .a. ~ ~ ~ ~~" ~ ~ -a ~ ONE ~ ~ ~ ~ V ~ ~ ~ ~ G ~ ~ ~/'' (7 - -I -I I y W ~• ~ t~, -~ N~ z ~ ~ ~ '. N ~ ~ ~ . ~ yOn #2 ~ Z ~ ~ Z v~N ~ ~ ~3~. ~ ~ ~~ y ~ ~; ~ ~ ~ ~ o Is" _, ' I ~ ~ ~ O~~ `~ $ ~ ~: ~ „PAN ~'~~~ ': ~ \ \ /n`2' ---~ ~ ~ ~- ~~ ~~ tiro ~ 'T1 ~~ ~ ~ ~ $ t, ,agcy ro• . R' ~ ~_. ,p ~ ~. ~ ~ o ~ tea. ~ 2 ° /~ ~ ar.as so ~ ~ ~. .~ . ~ rte- ~'~~~ ~'~ ~ STREETg n~~:~~ r ~ ~ '~` ~ ~ G ~ ~ ~ _ ' 8 Nto~e• u•ae.or O. ~~tffi' ~''R. a `~ K C. . OQ. I ~ ~ aori. as'e ~ 6. 6'~obe• ~ OT . ~>A ~r*~er ~ ~oronF ` G~ . ~ _N744707•YV~Ry'~ ~,~~+ IV {r ~ ~~~~ ~ ~ ~ O ym ~ ~' ~. ~ ~ _ OHO N~110.~ 2~ 00' ,3!4j ~ I ~ `- ~ -'O4~r ~ . ~ ~ /~ m~m N .~ 1 Y0., ~' ~~ _- ~ ~~ ~~ (%~ o S~Ox da. `. ~ ~ ~ N ~ ~ ~ ~ . CAD I ~+~ ~ ' $ v• pr"- adj. ~ W . /~~ ~ o > ~' I$ ~ N10 33•E V~ 4T' !. 4' h- n1 'i/ a ~ ~ ~1 °'°4 •aor' Y ~' Z •, ~ {~ r ; ~• - ~. , ~~~ • rn ~ ~ LOT DDZ 2 .`' ~ ~ ,~ ~ ~ ,~ ~ ;~ ~ mm ~ -- ~N10'38'33'E u ~ 8i ~ W ~ .. ~ .~{ S~REEt ON. ~a ~ . ~•ti@~s~s~~0~~.~' ~ e~~~ ~> c ~;~Q ~ s Z > Z.O 04~~ ~ ~y Q~z N O . ~. M~ s ~ '. SEE SHEET 1~0 "' • g~~ DUPLICATE 39 ESr Ep AS 901lINEAS1Ef5Y LME P.M.B. ' 64 HOtDINO FD. MONUMENT AT THE Y TERMB1tIS OF BOI1tHWESTERLY UNE OF EOINBER AVEME 86' MADE AND AT - N40': '~ ANGLES FROM TIE 80UTIONE5tERLY UNE LOT BAB ~ ~- 1034.71' 1 N40"J6'~'E 61116' o ~~ ~~~m' ~~S^ ~s~~ ~~ tl U m r ~Rrt1 ~ . Gt+~Y eav~j ~.~ y-i ~ND oz y~ ~~~N~~~, °~ ~ ~~ ~~ ~ ea $ ~a~ 0 ~ ~~ ~` v D ~ ~ ~ ~~i ps J11 -i Vj !1~ I ~ Z ~ ~ ~ ~~~ 11~60~.M'R33TO.S2'RS $~ N '18'E~~ ~R~ ~ 16.00' 1~ _ ao. aaoo' "~ ~ ~ I I sww .1i.w J/.w do.W J/.OV J/.OY .76W ~1.Yll ~ I +~ O _ N4038'Sa'E 313ar = ~ N409B'3a'E 11201' ., I K I ~., I ~~ ' agar 44.00' 47.ar h r ~33~RL ,O0' N4036'3a-E 170.ar I}' '~!" I -1 0.~' ~ N40'18'3a'E 343.19' L'O1M.1~ ~ I ~ ~ ~~4'28' Aia' LOTAAC I S,a6l'~_J~ - ~~. 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N40'39'16'E N40~a'15 E ~ , I ~ ~ + j. -~- aaoo' 9999 Saar I ~ I~ t N40~9'15'E . 1 1 r ((j v ~ 30' 3G r ~- . ~' ~' 82.b0' . r 1 '~ p ' $ r V $ $ W. _ $ I s~ ~~ BBC ~ . ~6i ii 3 N4039'ib'E r I '~ -- ,~~ _ _ ~ aaoo' I ~ s53o' 67.60' - I 67.t~ S2 z 5.00' N40~8'16'E / 00' 6.00' r ~j z Oy _ ~Q~ ~ ~ i0 ~ ~ ~ Js ~ ~ ~ +~ ~ ~ ~ 1247. NW~JBY6'E N I ~ ~ w I >E o~ $ vt $ ~ ~ ~ I • e z J I N407a~b'E ~ ~~ '15'E ~ ~N40'3a'13 ~ ~ ~ Is (w ~ ~ W ~ 0000'' ~ N $ l ~4a. 14~Sa" ~ ~~ s. ~ ~ ~ ~ N~O~a't6'E ~ b I . dr~0374 '4y ~1~ ~I ~. r Z 5 I.~e't11,,1e3.bar ~~`~ Ln41.75" WASHINGTON STREET $ ~ ~ N!0'39'15'E 113.00 S 604 ~,,~+~ ,68.27' ~ _ ~'i ~ ~ L07 AAE ~ -~ 13>!' L~ -..~,~ .aim-~~ - `C 180.26' r~ $ ~ N40"Ja'16'E 113.00' $ ~ t3 11'0 06 R-"`~'^'_ - I N40~6'38'E 1a8.27 O 5221 Ba I 1Q1 ' '~+ R~730.00' lr~'R~2 4520' ~, 80. 35.01' -- • ~oO ~~ 8~16'E z Or ~,.pp]pp ~ p~p 6, ~ ~, wC~ ~ I ~- ~' .i ~~ Lr14.i10' - . b.ar = ~ CW11 ~A (: z ~ _~ ~ S ~ ~ ~ ~ 1~~. N ~ ny h GW 1 ~3 N ~I ~ ~ ..I N ~~ I ~.- p N40'3a'15~ ~i Q. ~~ .-X33'4824' Ir249w6' ~M~~!'27' S.. ^f. - ~ `~ ~ { d _, Lo een 1 1/ , LOT FA _-1ar~~,~ ~t a°' ~ ~{ ~i ~ ` ~ 'f n1 Al W-- _'r'-~ ~ - N 6'E "' 6 \ ~ ~ 1 ~ ~ I \ . . SEE .SHEET 8 ~ i Z I I ) I ~ ~-~{~ 70' ~ ~ '[ ~ ~o a~tn I ~ I ~ ~ Z ? ~~~~ ~~~~~ Z I ~ I ~~~oz I I ~ ~ T I I ~ C ~ i ~~Dm~ ~ ~ I I ~ ~ I D I $y~~ i I ~ ~ O (~ O ~ ' ~_ I~~ m I D I`~ ~ I m ~ IA ~i I~~ D i Ao Z ~Tl I~ I m I ~1 I ID I ,~v I I ~ ~ I I~ o I I I i~ $ I~ .1ru I I ~°o ii ~ ~i ~I ~ J g~~~ ~~~~~~~~~~ yo . SEE SHEET 6 W ,t N ~ rA I ,Q I ~ ( ~ `~' . 1 ~~_y~JJJ 1j~~YpR.. Iw~_. _ ~ LINCOLN LWAY -. N 1~ ~1~, .. I~ z z N~5 1 ~ J~ ~ j'' ~ O1C N~0'3Bi 2 . ~ ~ , m ~. ~. ~ 6561• ,w m. , ~i/iM N~D'3B'3o~~1aB.23' pp ash ~~ - ~- 1852T- - ~ ~` ~°~~ LOT .M COVINGTON STREET ~# t I NIOSB'30'E 18522' '' 6530' X8.2! 58.61 ~' ib'. \ Lit N4038'Q ~ l., ~ .. ~ 1~C ~ w ~p. ~ ~~~tt `ti ~ ti J ,`~ v 3 ~ ~ Q~1 ~ ~ v ~ ~ L168'~ 1 h1 \ ~ ~ MONROE WAY 1a ~ C 1~j41. r ~~ 6 b7.88' `\ \ ((1~~ ~ ' ~' ~OT F v~\ ~ ~ ~r136- m ~ ~-"~ ~ ~ pp pp 9L. O W' ~ ~ X11 ~ ~ W N Y _ / ~ o~ .. N~09a'tb' m ~ ~,~ ~~ ~~. ,~~ -~ .c~ . cd y° , a ~ COLU~S~t~~4RE ~ f / prt ~1 ee~F'' O ~~~ ~~~~ 7a~ £•~ ~- 16517' - ~ LOT P iq £~yOY~.p N~038' 16517 ~~~11 ~ ~ 6b. 67.50' z \~ ~ ~~ 4 O ~~ O ~~ O ~a , \ Oa 10 ~ u.'~ ~ y . ~, n O 56.00' 7.50' .~ N40S916'E 16516' `~~~~ .., \~~ ~~, V .~ ~ ~D,- ~ ~ ~ ~ °~ ~~. \ S ~~ ~ a i ~ \. 0. N~11~ ~i ~ ~ r . ~am$ $ ~ ~iN Z a. ~~ a aa~ m j0 ~ ~s ~ ~ m ~~ ~ -~ ~ ~~ I a5e6' v 1 3 cp $ O N~03a` m ~ Q~ 'p' N~039'tb'E 10556' I Q 1..30.47' a tI P~ , ~' ~° § N ~'~„ orccnlN~o3a'~'E ~ 163.eo' ~ ~j STREET ~. ~ ~, 13,03 1310: LOT-R : ~ Iq .LOT Q 1lZ1.'>4'~+~L, ~ i ~ .d --- --- N4038'3a'E 47 5.00' . I ~~° I ~ w O Sz C~ ,mow z .~ -~ - -i ~ ~ LOT MG z z z J (~ O u ~ O ~ ~ ~ OD LOT DH _ -_ DOUGLAS WAY Lar eeN ~ ~ - --- -- -----------~.eo~---r ~ B LOT BAF N•w 38'30'E 391.11. nt ~` I~ . $I. $ ------~ . I~ ~ SEE: -SHEET 12 a~~ Zz~~ r~a> 1_ O~ J ~ •1 I Zv,si ~,~~ J y~N Oda ~~AD ~~~ 1n T I ~~N D o ~ O I ~ ~ O I v I ~ ~ ~~ I ~ g I ' I I 1 I u-$ I ~ I ~ Z ~ m ~_~ I N ~ O I ~~ 1 ~~~ Q D I ~ ~ ~ Z - :'1 y ~~ I NCB Z.~ I ~ z min I w~o ~ { ~ ~ m_ ~~~ C I+ I::~ g ~ ~N n~ ~ I ~ $~ ~a~ I 5 ~ cn m II i I m 0 ~ ~ ~ ~ ~~ ~ ~ ~ ~~ I i C ,ZOj no' ~ Z_ . ~ D I I ~ ~I I I i ~~>~ I Q. o~~.' I ~~ $I ~~ ;t I Q~~ Z ~I I ~~zl ~-1 0~~~1 ~j ~ ~ Y RZ I of m _ ~ !I I ~~ I ~r ~a -~N~ s'E a~,so' - - I I '~ ~ I ~S pwp~~ T O 10~9b"E $ '1 1 ~ ~ ~ ~6' g W ~ 1 1 ' p~ i~ N+o3a95'E $ ~~ I ~~Y I~~ ~, ~ $I h ~~ I ~ N~03a'15'E v ~ OO N ~b~ ~ d Z ~) o _ ~N $ ~$I N409a'15'E I ezbo' > I 1 ,~_ ~ ~ ~ ~I ~ ~~i I~ N403a'15'E n p b2.bb' ¢~ ~ 11" N ~ m Q~ N40~9'1b'E 2'~2' ~1 82.60' a I y, +~~ ~ ``W_ R~ 1 ~• N86'63'33'E~R 1 ~s - ~ ~ 1 y I ~~ ~ 107.00~'~ r 1 ~ Y ~ ~ 1 _, 5 ,~79'16'E 1 ~ ' 63. 8' ~ N103a'1b'E 113.00' ~ 3 ~ V $ LOTAAF $' I --~ 1+ ~.74 .83.26 1 I •~ $ x'15 O '1 !.~ V a~ 4 I I - P 83,20' a, 1S'E a4. ~ ~ ~ 1 I ~~ ~is ~ ~~ I ~ N~0'3a'18'E 62b0' 171 17 I I I $ ~ $ o j, N403B'15'E ~ I V ~.~ z$ ~ V1 ~ I 1 I Zg o $~ 1 N407a'15'E I ~~ 6. ~ ~ ~I $ $I~ ~ $ N10~a'is'E ~ $ et.bo' ,~$ ~ $~r I NIO'sa 13'E A e2.5o' A $ ~ $~• ~ ~ 30' 30'~ N107C1S'E 1Y 11Y DF " -~ -- ~ q- - ~. J c g1~ ~U~~I~~~~ ~~ N~~~~ ~~ ~ zo y 4+ ~~ ~ ~ v~~~ ~'4; ~ ~pp~,~4 ZA~Z ~~ ' ~ o ~~ o:~~~ ..~ ~~~ ~~~~ N N ?,~~~to ~NN~B ~~_ ~,DVN.• ~DOo 1!-`1C1 0 ~ ~~~ ~~ ~_~ a-~~ ~ o ~ Z 0 v 4 ~. ~ ~~ ' .~. ~~ -~ "~~ ~.~2.., 1 ~ f,~,91~ - N60'6Sb4'W(R•~ _`_ ~ ~~ ~ ~' .,~ --.- -- ~ RpAD~,,,,,~,~E 7.7.7 ~ N - _ L•1 r o7 92fM , , 44. e-1 H ,~ ~~ \ T49.06 ""~ i . ~ .'-"r04~~ f,79' ~ L~ ~~ ~,4 ~ ~3~~,~y 1 41.69' 1 3YE v ~ ~ ~~~ ~ IV yO^ 4~ 4 a ~ ~ ~ a~ A nR ~ p +~~~5 I ~ Nt; ~ ni (v Y a + ~ m r I ~ ~ ~ 'A~ ~ I ~ O ~j~ .:~ N10'3~-~3'E F4„ga / l+a~ ~\ ~. }" 1 ~ -I 44.71 ` \ ©~ ~ ~ 131 ~ _~1 I LOT.. ~ aask ~ ~ ~ r --' , X ~ , ~ !~ . ~ 4 .Z4 30. CAS tt ~ 17.00' W ~ ~' Nf078'33'E 00' I ~ N N I _ ~ ~ $ N1o3e'33'E ~ O I~ -v 9 I ;~ ~ ~ u~i R1 ~ ~ Z as ~ `1'tlERS~1 $ f~ IN C7 I I 47. 4261 ,Y Itr 9I.1B Q - - 13' I -• ~ O ~ N ~ I ~ ,~ _ m ~ ~ ~ I N ~ ~ ~ ra~~L ~ ~ ~ ~j ~ ~ •I ~ z ra ~ ~ O q ,,~ ~ ~ ~ ~ ~ ~ I I ~ 9a I yp~Qk\ ~/ v Q ;~• n ~ . I I ~ ~ ~ ~ ~ ~ . ~ u.•99 ~ ~ I s ~ ~ s SOT tiTRF T N ~ ~, c . I' F .~. N1076'26'E ~ I O I D 90. ~ W~ C 1'OC 1 s'.'~~c~. I"' $ 90. -1 ~ I W T ,~ • N10'36'33'E 171 ~ ~ ~ W ~ _- Z ~ Q 60.60• i J~'(C AA N2434 - R ~ ~ ZrQ ~~ v ~ r '~ ~. I --~ q 4 ~~ I ~ ~ I 90. 30• I 30' ~- ~ ~ ~ . ~~ m I N10~8'33'E Z O m~ Cp ~ I~ m ~ N ...I O. I N10~ 7'E ~ ~ I'DC ~ ~ fo, ~ 9aoo ~ K y rO~l ~ = z°o ' ~ ~z ~ ~~ ~ N ~~ N ~ ~o~ m ~ ~~'~ (A ~ n.oo s~ ~ w w I mz I - i c~ m ~?. ~ r' ~ N1038'33'E zl+ I ~D I ~ , (nl ~ m C n ~ 00 ~ I m ~~~ ~Ir f ~ ~ p ~ -n ~, N mO ~ ,o ~ N~•~ IA ~• I ~ ~ m~` ~ ~ O ~-~. I~ .~31~ ~' ~I ~ ~~ ~ ~ i~ ~ ~ ~r ~ 90. ' ~. ° -- N ..t. ~ I ~ . ~I ~~ ~~1 p ~ETi \ ~ I W ~' I ~ w ~' Q~~ `t ~ eh 36~ I 30• ~ C~7~' _ v ~ N /~ m . QP NIO.38'3 i I v ~O~ ~\ - 43.od I~ /~`tcT I N7911'27'W V ~ N . ~ laao' ~i ~ I ~ I ~*~ I ~ N1 w I W ~ -- 1~ ~~ ~ ~ 9a 1r 1a' 4J • ~ V ~~ I~ _ _ '" OD °~ ~' Cll p "" V N1076.33'E ~ I $° I R~1•~~13.00' II~ W 26.00' , N1 3 ~E \\ I N10.38'33'E 8278• --~ ~ I ~ I --_ ~ --- --- - ~^ N10'36'STE 201.Qtl o 1~ SLOT J. A~RarINGTON STREET ~ ~~DDO iior I I' aa°os'L°r ~~ ~ wl. ~ LOT K-~ ~ (' ~ 3a ' - ~ ee.9T ~"be.o'r $' - 3aoo• - !~" ~ee.97 e ~ I I ~ ~ n ~1~~~ 1 I 3.03' ' LOT N06'19'43•W1R I 4.47 I ~. ~ ~I Lordou ~ opp ---~,~, ~~ A ~ I roronn ~ i$ ~3N'i1 ~ 4.97 $I ~' ~ Nt ~..~., - , esf 't q 'JIB --- N ~ o --- -- --- N10 \ 03 33 64.60' ~ ~ I ` ~- ~ LOT ` 7~1'27'W y, ' ~ N'~~3. ~\ 79'21'2rIN !w ~ W I ~ ~ ~~ ~ ~ I ~'~ ~Fd~ $~ z r N ~ ~ z $ \~N,7D~D00'~'~LRl $ $I -- N103B'33'E ~ W ~ ~ ~ z Nt ~~ Nto•3e•33 E ~ SS LOT L ; g I ~. p0, Z N10J8'33'E ~~ ~ ~ = 90. ~ 9 .~i I $ ~ N ~ ~ Z ~ . ~ ~ ° ~ ~ I $, ~ ~ t- WASHINGTON ~ . I I ~ w ~ ( ~~ ~ ~NI~ ~ N1o76.33'E ~ ~ N1o~e's3'E f --- STREET ~ t ~ N10'3B'33'E 1 ~ 9Q r 90.00' I tt) N103B'S3'E I 90.00' (~ I 1 ~ ~ ~ IQ~~I ~ ~ 1 07 D~J& 'I~ I N L, ~~ ~ L SEE SHEET 10 SHEET 10 OF 18 • (ALL of TENTATIVE TRACT N0. ,658,> ..TRACT N O. 16581 NUMBER OF LOTS: ..NUMBERED: 383 iN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA ~. LETTERED: 192 AREA = .105.471 ACRES GROSS MICHAEL SIMON, P.L.S. 6034 TAIT do ASSOgATES, INC. AREA = '72.7 Ag2ES NET DATE OF SURVEY: FEBRUARY 14, 2005 DATE OF SURVEY:' FEB. 14, 2005 LOTS 265-292. 29h330 AND 332-301 INCLUSIVE FOR CONDOIrNNNIUM PURPOSES 0 50 too 150 200 i SCNE: 1'= 50' SEE SHEET 4 FOR MONUMENT. NOTES, RECORD. DATA REFERENCES, .SURVEYOR'S NOTE, BASIS OF BEARINGS, DATUM STATEMENT do OWNERSHIP NOTE, DEDLCA7IQN AND EASEMENT NOTES ~~~ SFF S , 122 , H . SE ~ ~ w / ,' E SHEET 6 '~ ~ ~~' / ~ /~, ~ ~ ~ .123 ~ v ~~ ~ ~ ~ ~°`~~ ~ ~ l2 sl ~ 113 ~~~ ~ 2 ~.$ ~ 112 / ~ ~ x ~1rQ~ ~ / ~ •~ ~ Z ~ Sr~ana:~'wr~ ~~ ~' Q J 100 >' _ I 129 • 124 W ~ ~3 S / / I ' ~ Lore $ ~~A` 0~- / 1.aT DDC ~ Og 7nr63~rt> .ro 107' ~ t Mi ~ ~ / ~J f / q,~ O ~ , / / I I _ ~ Lv7 DDD ~_ U- ~ Ld2 N7i'21'271N ~ al ~/ y ~ ~. II o ~EFFERSON~~ -- °° LOT FC ~ o ~'~ i ~~ ~g E SHEET ig h I Q I_ I . WAY I .. q, ' N79'21'27•W ~426T ~ $ o°, ~ . ~ I II 7~ . I I I ~' JEFFER30N 1NAY ~aN ~ ~ O~•- - - - - _ _._I V 1111 c.~i I I I 128 I. 1ZT I .128 I 125. I sl 110 109 108 ~ I ~ 98 I II I I I II ~o~ ~ £ ~ s ~ ~ ~~' I ~s 1___ I _) I I I 30~ ~ ~ oo' ~e.oa 3.Gd _ ~t.or cco I I ~- LOT E I ~ , ~ ~ N78'21'2TW zoeoa ~ --g --- /_ _ ~- t-~. 1 !~ c - ~~' 13aoo' 3oao' I CHARLESTON~S~REET I N78RI'zrw 134x6' o ~ - Nn~rs7•w 12~e.3r _ --- N7rn~'27'w a7aoo' LorDDS ~ 62 66. so. 46.60- .~N76'21'2Tw 116.60r~ --~--- --- -~ -~ 1 3 •' ` 82 ~ ~ 18 .. ~ 184 ~ 185 ~ 186 ~ 187 _ b200' 00'" ---N79h1'27'W 433.60' LOT CC . ~ _.-43Y.60' - - - ASTORUI WAY --- N7wst`s7'w 49~.eo' ~ ~ ' -- N74~1'ZTW ~33~ F-.•. 01 200 ~ ~ 1 ~ W 2 ~ 99 ~ 198 ~ 197 196 ~ ' U1 • se.so~ 46.00' 6200' 46.OD' 67.6a W --.N79 R1'271M 466. 47' 190. 188 3i~a 189 ~ x/1200' 195 194 o~ N _ - ~ G . --N70R12 4634.00' ~ ~ t104;51'tl~ll ~ iEXINGTON STREET LOT F ~ ~~~"1 z04:~~ 205 ~¢~ 206 ~$ 207 ~~ 208_ ~a 209 ~~ 210 ~~211 N78'21'27'W 433,50' _ 51.50' 43.00' ~ 66.60' 6200' 46.00' _ _ ,~ ~ ^ ~ LOT CF _ _ 4a6~ ARTRES WAti ao 62 46. .N7W21"17'w 43as6r-~ ~ ~$ 191 I° 'N} E~ ~ 3 192 I~ 'i 9 ~ ,~ ~~, 193 K ~6 LOT DD I N7Y'21 91.4 I 13.03' 0'1~(~ I I N6Y"SS'6111.41~R) E ~ ~ ~- LOTDDX~~ 6S. . i ~ E ' "`~ 212 ~ B2 ~ 213 1 214 1204 9260' 223 : ~ ~ :222, ' ~. 221. ~ 220 ~ 219 ~ ~ 218 $ 217. ~ 216 N76~zrrrw „6.60' ~ • a. 215 ` ~~ Y _ 00' S • ~ --- N7Y'Y1 w 674,00' ~ ;j ~~ N7B 21'27'MI 1607.64 LOT DDY --~+oeoe..aoo~' G z36.~o~, - - $- G - ~-IVfO~dMERY S'~`R~~~ ~s ~ - 1eas6' - ~ LOT G -~ i '~ X27' } 315 i III a I I I I SEE .SHEET 16 ~ III 1 ~' i ~~ N ~O 385 I UNE TABLE E' BFAPoNG LENGTH m I ~' I ~ J I O W aU I I I ~ - I fA ~ L- .m 8~~~ •-- I ~ I I I $ I ~I I 30' ~ 37 -1- zs4 LOT U 33 147.13' 152 - - I 294 I ~~ SEE SHEET 17 ..3 ~..~ ~~ ~u~~~C~~~E y3 ~~m~ ~~~~ZZ~~ ~~ I j ~ > ao> ~~!• m~ -1 N ~ I p >~ D~NwO~GD ~. ~~ ~~> 1 ~ n ~N1 ~~ "'~..-~y'~1°.~ Np4371d-47.OTR2~~~ 41 D ~ ~ ~ ~ ~ Ir11 R?1M ,~ 4 N ON ~ _ 7Y. .f ~ c. - .. p.07 Z.~. Z G1 -1 N L R~ m~ -~ a ~ 'I ~~ Z u ~ JD' '0 O . I I ~ I w _' -~i'R2 I~ - ~ ~~~~~ 8843. 0~ '~ W. V _ 1 " - I ~ -- ~ i t i I A I ~ I I.': ~~ ~- ~ 1 .~ co w I to ~ m c,~ ~: ~ ~ Z L 1 W X1.33' V ~~ ~ `~i~ o~ _ I ~ iAAJ ~ p ~ y~i ~ . • ~ s ~ L~'.24~iR1 '- m X r , -- ~ ~ I~ 1 -~., I~ I ~ I~ ~Q I I Q ~ $ ~~ , I ao' ad ~t I~ I I w mm ~- .: N t~ o A' i' 1 ~ ~~.,. • . ©1 122.60' .:.j ~ ~ '1' i _ ( •,~ N . I ~ I I ~ I m. ~ ~~~, m 1 I I ~a i o I I ~-1 I~ -. - ~ :k ~ ~~ I I ~ ~ ~. 1 III ~ . ~,._ " I ~ +' ~ s ~ ~ ~ s ~ s ~ ~ ~ ~ s ~ s ~ s ~ s m ~ o ~ ~~ a a ~ ~ ~~ ~~ ~~~ Z ~ ~ ~~~ ~~~ ~~ i Q O ~~~ ~~ ~, N 8 m j y~ m ~ O I ' Nx3E'E ~ I y ~s/ -i ~~ ~ ~ N ~ ~ $ I I I$ I I I b~ N ~-~ .~~t C ~ "'~~'~1sL _~ R,.'"~OV'~c` 1 ~ ', I g 1 I C I ~; I `~ I N'` I ~ I N I~ I o I a °~ ~ ~_ _ . Ni ~ ~1.; ~ z . ior~ nt ~ . -~ ~ ~ :HZ4"i4 ~~s 2b2.iB' 30.00' 1 00' 30. 0°~ ~2~o~~.aCP ~ ao.oo' ~ ~ ~ ..f ~ t4 I . - o8'Nto3e'ss'e e7a6?---- ~_ ~~-~. .7 ,L' OC~,pya N1 210. ' . SI ~ ~J ~~~( CA~t~df' 'vim ~ N Z r~ N1oJS'33'E C4e~OCM + r ~ I' ~ ~ ; •.-~ "'fir ~ m ~ °~ ~ ~C~, ~ z - ~ c I~ ~ ~ om ~2'~D~ / ~` y ~ \ ~ ~~' ~ / N10'36' ~ c5 k ~~ R ~ , / ~ ~~~~.' / / : `~Q~s \ as \\ °~ ~ ~m ) '~' I` ~ ""05 ~n / ~ ao o~• ~, ~ ..] J X77 ~u~~icai~ y~ SHEET 12, OF 1 S (ALL OF TENTATIVE. TRACT N0. ,658,, TRACT N0. 16581 NUMBER OF LOTS:' NUMBERED: 383 ` IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF .CALIFORNIA 1 FT7FRFf~e 1A9 co-rma uNE 'E' ESTABLISFIED PER ' Rtes Nd1E tq. 2 1 4 1' 3 1~, ~~ I~- ~s ~ ~~ I~ I ar -~~ ~~ +. S?? i~Ul~~ i~~~~ ~5 ~~~ ~ ~ N N j`7 ~~ SEE SHEET 11 ~_ $~ v ~'' 284 ~ ~ G~D~ ~V jN D00 ~L07CCN ,~Z~~ ~y w,~~, ~ .. - DAV PORT STREET -- -- ,~ ~ ~ ~ ~ ~ r~ ~ . ~ DAVENPORT ~ o $ z ~ ~ _ - LOT R - -+40 ~ sr - a ~ ~~. STREET' > > -~ J0. 20.0iT- ~ 1!0.00'• ~ ~ ~/ 1;+1 N ~ O Z ~ . ~ j s i aoo' 24ooC eaoo~ ~ aar s - - LOT Q ~ $ ~ Z $ ~ ° ~~W ~ O .~ vO 4 .. .~ ~ qqpp ~ ~ I .~ N ~ ~ y ~ ,~ ~ 1 ~ ~ ~ i m g ,.~ ' r m ,_. .. - __ _ - - - K "L' ~ ~ tOT ID_F ~ O - - - _ ~ UGLAS WAY ~ _HARRhS„~f - ~ LO bt 71.71' O~ SLOT ( ~ ~LO7rB~~ ~~ ~ N6~" I Vt _ BBIV ' ~, ~ I ~ m I $~ ~ $ ~ ,r ,r ~ ~ I ~ O I V ao' I m I v ~ ~ z ~ I m • ~ ~ ', g v co. ~ ~ $ o~ I $ I o r ~ ~ z I.o~ ~ ~ _ C: ~ ~OI oNi. _ ~ J MIRABELLA ~ > 4 O ~ I N N _ .WAY' - ~ '~ ~ ~~`g'i LOT. ~ ~ 12'112' ~'-~ LOT ~ ~ ~ ~ ; U1 ~ t~$ ~ ggp BBP ~ R1 $ ~ ~. ~ 1 ~ Lora ~ _ _ at rn . ~,; ~ ~ c m v,~ ~ y ~, ~ ~~ ~ ~ ~ ~ o m: (~~ ~ ~V ~m V V V ~ rn - ~ ~ z . ~ I ~ ~~~~ ~ s ~ ~ ~ W Lor ~ L I ~ _; ~ "_ ~ O a ~. I ~ $~ - ,~~ ~ ~ ~ ~' A N 1200' Lor aw I N. ~> !n Ie I '' ~ ~~ ~I ~~ ~ ~~'~ ~ I~ ~pN DT V >y W S~ V/ I I. W W -(c o~ _ cr D ~-~~ ~ ~ ~ ~~ g ~ ~ s ~~ _ _ 41. Od' 41.00' 0y $ a00' C A ~ I"~ ~ _lio~K LOr EB~t I I ; ~ ~, JQ ~ ~ ~ r N107S'Ji'E T.31' n ~E?: .rte ~ ~ 14 Lor ca ~ ! ~ ~ Lor ~ _ N ~ I ..: sl ~s~. $ eev ~ ~ t2'I~s ~~ ~~ I (~ I i~ Y.. 7a O ~ ~' ~ . - - - -- cn0 RIVERDAI.E WAY' - _ ~ ~LD$ ~ ~ : ~ I Z~ I '< + ~ ~ m I ~ c w ~ m -i I ~ N o m: ~ D .. ~~ p ~ ~ $ w W _ w A I I ~,~ ~ m '~ . 17~ ~ ~ w N ~ - ~ ~-' 12' 12' $ ~~ w ~ ~ I ~, I~ LOT X ~ ~ '~' ~ I~ ~I P ~ - ~ 120.00'1~N~~ a. ~ ~ -- -- T CAMBRIDGE STREET ~ I. .r . O -1 n I -~I I ...,SEE SHEET ` 12 "~~ 0 8 0 pN _ S ~. ~~ ~ N13'16'; ~ ~ ,, ~~~~ ~ ~ ~ ~ 1~r°J6. ~ ~~ ~ ~~ ~_-- ~ I N s_~ ~ I ~~ ~ ~~ . ~~ ~,~ m ~ m ~-~--~ _ ___ U) J ~ DEN ~_ ~ r _ ~ WAY I ~ .1.~ v-~J,I m ~ ~:~I~ I I;I r -{ I 1_~_ ~ ------J I m ~ ~ ~ -_____ ~. I Z ~'~ ~i~ .~ I ~ ~ ~ o .~ I~ I c m ~ I~ ----- ~ ~ I. I (n e N I. I I ~ .. ~_ I I ~,~ _..~ , ~ ~ N m ~ (' m ~ . : I ~ ~ m L ~ `~ ) '~ .., .~ ~. - .y~„ ' ~. ~ ~ ,~~ .; ~ ~ ` \ SEE SHEET 11 ~: N .a, I ~r ~ ~.. SEE SHEET 18 _ - 2~8 - N10~6'39'E 697.57' - --~---- ~~~ ~ ~~ I~ w l ~ r - -r- ~07 ~~~ ~ N ~. i .~ ~.,~. r_____ ~~ I ~ to ~ ~ --- ~ ' ( ~ r-~__ ~ ~ ~07 -~BfJ~~ / ~ `~~ O - L v ~.~~IF"-_r_ ~ °I~ ~ m ~ IJ--1-- m ~ m I~ ~ ~ ~ w ~ ~i ~- - ~- . 3I ~ -- ~ I W - - ~ - - _ I ~ ~~ -~ - r- ~__ o 1~ ~- - ~ ~ ~ ~ ~ ~ o~ i. N r__~ _ (QA ~i W r q aaoo~ ar ~ c ~ ~ i ~ ~ I, i I ~~ ~~~~ ~~~ ZZ~~ ~y~~ ~U n mmQ~~ o ~Q~~ ~. .~~g~ ~v~~, ~~~ C~D~ ~D~N ;500 ~Z~ ~ ~; ~ ~~~ $~~~ 8 ~ ° Za~o ~ ~ o~~~ ~ 4 ~' `~ -~ ~; 4~Z ~~ Z N 0 ~ z N cn m ~_ ~ ~~ ~o WDON Z~*?~ ~~c ~~r~~ ~~S~oZ ~~~ z o ~~>~ ~~_~ ~~`~m ~ p D• p N ~~ ~°o D~ N D~ ~ .~ o C31 ~~ Z ~~ ~, ~ -~ o Z D N 0 S g ~~" 0 g -., -~ ,f I ~~~ I ~~ ' ~~~ ~ i ~: I N ., ~ ~_ NiS36~1'E _...-- ----: 79.81:. ~a I ~ ~~ ~ ~ ~ i ePo3'f0'43' A~02R~saoa ~2 OT ( e~° W9.06' L~29AYR2 ~~ 107.96'- .1 •. I 39.43' 187~6'26~'E~ ~ ~4•SS I ~ ~ N77'Or09 w GJ (-18 ---- 14.Od ~j. r I N9 8' '~ Ir2 ~~ 9 ~~ ~ LOTlN I ~ ~_ oqd WJ~ . _ 4Y ,v ' ~ ~~! .IV ~ 161.75•.'_ 1 oN~ ~ ~Y70.00' C ~ ~ I ~~ ~ 1.-o.2s . Nto'153i'E t~ 13.93' 14o.4r Nil'49't1'E ~ ~ ~ I ~ I I r u `~~-3~~~ 132.4 •N 8 ~ 1 ~ i, ~ ~ _~OT AR 16245 >~ ~ I - ~ .'' ~ - ~ p ~ I y f 1+L4~4:~8'~(PS62 16246 I ~ I ~ ~' L3 ~ ~ .~1 ,~~ ' N1036'39'E ~N v z 149.46' 22p0' ~~ :1 .. ~+ W ~ I g ~ ~ iWi. TA, ~~ LOT AH ' N 1036'33' E 48. 47.63 I ~ 74.62' ~ N10'68'3B 95.63' r.~9 I ~ E ~ ~ I~ ~, I y~s4 I~= cwo, q ~ ~ ~~ W +~ ~. I ~~,~~ ~,~ s~ sag, ~pq I I ~~~. ,2' ,Y S ~i z I ~'~~ 10118'39'E a °t's`i ~0'68'39'E • v I Ig ~$ 86.29' I o~O' Nio'Se'39'E s ~. r (~! ~+'i ^' e1-04 149. 6 I ~ ~"jy~ ~$~ 1482 I R $ N12'S6'02_E~PRCZ N 1038'39' E ~ 261.66' ((~~ ( ~~~N12'68'03'E(PRC)R2 W ~ W T fi ~y ~ W y~ I ~ ~ ~ +7, ~ 188.65 N1038'33'E 323.SZ' ~,J 1 ~'$~' ~ N1r2r46•E(R~ 3x6.15 I ~ ! ~~ ~ I LOT AAJ . I 1 ~~ ~ N1038'33'E 309.34 ~o~ ~~~Ntt'48'26'E(R) W ~~ _~~ ~~ m~~~ ~1n1 ~ J (~1 ~ J •• n ~ NOD cW.~ C f/1 D ~ D '1 " ~ ~ O ww T J _ N O (((,,~~ ~~~ N v ~, ~~a ~ti~ 0 . ~g __- _- _ _ ~~ _ - ,~-~ ~~ ~'~ ~~ 0 ~43r10'E 747.07'R~~...-- .s-- ~ ~'IB'~' ~ 1 N = •- ~ 172.M' ~~ ~, 1 44.8'- '1 4t.69' 1 ~ fTl 1" 2,6.45 t 16Y - !p~ •~ ~ ~ ~ . > ~. ~ ~~1 ~ ~ ~ ~~ 3 +I~~ ( ~~ ~ ~ o C ~ ~ ~ ~ I ~ ~ ~ ~ ~D~ fA -1 .67.73 "T ^i ~ O~Z Z~ L~ 1 ~ 30.75` ~ W ~ I ~ ~ ~ O ' ~ O< NZi I- - ~~~ C~ z rn Ys I ~ ~ ~a>< 12'1 N ,6 4 ~~-i ~~ ~~ ~ N03'3S OB'E 37.74 ~. I ~.. C D ~ nn~~ -i W.. rj ~ r I ~ -rl ~ D LA FAYETTE ~ ~ v66'39'E 267.93 WAYns4e' ~ OL3 W I ~ I I ~ g ~ p 267_ - 115.48_ -^Z~ 27. ~ ~ ~ ~ ~ .~ A M~ e"~q'E 521.93 n LOT AD t2t4 poz-,~g I r .c-'°£ c p ~ W 116.48 ~ ~y fB'39'E 287.05' ~ v ~' ; Zt ~p • a m .~'1L9 3A~~'tON~" ~ z ~ '4 ( ~ ~ C ~ ~. ~ z >£~ ~ $~~e ~ I W o ~ 279.93' ~ I ~ Ch 1N*1 130.46' r .. ~ ~• I rn Vl !~ O I -'l ~ ~ ~ ;~. - I 27.00' A 1. ~ ~ ~ ~ I I Nt 38"E r0 c3 N 10'66'39' E ~ $ _ ~t ~ N 10'6 59'~E~~pp131.!) L ~ ~ I -' W z N7891'211Y .N110'b~sb'E 1 ~ I O OD ~ z ~ 24.oo'O BYRON WAY/ i~ $ ~ I r, ~ W ~ Limit m (~ fr1 t/1 ~{~ ~ ~ D ~ CTt I ~I~ ~ ~ I ~ N o ~ S !112' ,~ £ Ni03533'E 16218' ~ ~ _~ '~1 G '~ I I CA D I Foci 16208' ~ Z ~ D 4- N10'38' E60:44 ~~ ~ Q I ml O ~ . ~ ~ ~ ~ ~~ ~ . 'ca ,C v .~- ~ C ~ I 80 ~ 1 .46 WESLEY WAY ~ ~ m ~ W I ° ° I I nD I 111. I ~ m I I . I . 8EE 8HEET '16 . ~ > ~ o~o~~ US ~ ~ ~ __ ZD~Z O `1 m x ,~ - o ~ P I ~~N ---~ _ -~ 1 1 ~~~ Z .. 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March 23, 2010 Mr. Lester Tucker Lennar -California Coastal Division 25 Enterprise Aliso Viejo, California 92656 Re: TRIP GENERATION AND PARKING FOR THE COLUMBUS SQUARE SENIOR VILLAGE TUSTIN, CALIFORNIA Dear Mr. Tucker: RECEIVED ~~AR 2 3 2010 COMMUNITY DEVELOPMENT DEPT Ref: PB-02 This memorandum discusses the potential impacts on trip generation and parking due to recent changes to the land use assumptions for the above referenced project (the "Project"). PROJECT DESCRIPTION The original project description assumed that the Project would include 240 condominiums (for-sale residential units) that would be restricted to seniors. The Project Applicant is now considering changing the project description to include 240 apartments (for-rent residential units) that would be restricted to seniors. TRIP GENERATION Trip Generation, 8th Edition (Institute of Transportation Engineers [ITE], 2008) is a national standard used by the traffic engineering profession to estimate the number of trips expected to be generated by various land uses. While Trip Generation, 8th Edition provides separate trip generation rates for condominiums, apartments, and senior adult housing, it does not distinguish between senior condominiums and senior apartments. The ITE trip generation rates are summarized in the table below. Condominiums A artments Senior Attached A.M. Peak Hour 0.44 0.51 0.13 P.M. Peak Hour 0.52 0.62 0.16 Even if the change from condo to apartment resulted in the maximum change of 0.10 trips per units described above, the total change in trip generation from the project would be only 24 trips in the peak hour. This is not a large enough trip generation difference to change the conclusions of the traffic repot done for the project's entitlement. It is therefore concluded that any changes to the trip generation of the Project would be minimal. 660 S. Figueroa Street, Suite 1120 Los Angeles, CA 90017 p. 213.683.0088 f. 213.683.0033 Mr. Lester Tucker March 23, 2010 Page 2 PARKING Parking Generation, 3rd Edifion (ITE, 2004) is a national compilation of measured parking occupancy studies at various land uses. This document has several land use categories, including Senior Housing, that are not typically included in city codes. Similar to Trip Generation, Parking Generation does not distinguish between senior condominiums and senior apartments. Additionally, a comparison of the 85'h percentile peak period parking demand ratios shows that the parking demands are higher for condominiums than for apartments: COMPARISON OF 85 PERCENTILE PEAK PERIOD PARKING DEMANDS Condominiums Low/Mid-Rise A artments Hi h-Rise A artments 1.68 er dwellin unit 1.46 er dwellin unit 1.52 er dwellin unit It is therefore concluded that changing the land use assumptions of the Project from condominiums to apartments would result in a lower parking demand. The proposed supply of 1.7 parking spaces per dwelling unit would therefore be sufficient to meet the parking demands of the Project. Please feel free to contact me with any questions. Sincerely, Patrick A. Gibson, P.E., PTOE President PARKING SUPPLY EVALUATION FOR COLUMBUS SQUARE SENIOR VILLAGE Tustin, California REVISED NOVEi1ABER 2005 PREPARED FOR LENNAR HOMES -ORANGE COAST LAND PREPARED BY «nccuns~~ocinTEs A Corporation PARKING SUPPLY EVALUATION FOR COLUMBUS SQUARE SENIOR VILLAGE Tustin, California Revised November 2005 Prepared for. LENNAR HOMES -ORANGE COAST LAND Prepared by: KAKU ASSOCIATES, INC. 201 Santa Monica Boulevard, Suite 500 Santa Monica, Califomia 90401 (310) 458-9916 Ref: 1968 TABLE OF CONTENTS I. Introduction ................................................................................................................. 1 II. Parking Code Requirements ........................................................................................... 4 City Codes -Market Rate Housing .................................................................... 4 City Codes -Senior Housing ............................................................................. 6 Institute of Transportation Engineers Parking Generation Manual .................... 6 Urban Land Institute Shared Parking Study ....................................................... 9 Affordable Housing Parking Demand ................................................................. 10 Summary ............................................................................................................. 10 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 NO. 1 Project Site Plan ......................................................................................................... 2 2 Parking Supply and Demand Survey .......................................................................... 12 LIST OF TABLES NO. 1 Parking Rates for Market Rate Housing ........................................................................ 5 2 Parking Rates for Senior Housing ................................................................................. 7 3 Data for Residential Parking Demand - Institute of Transportation Engineers Parking Generation Manual ................ 8 4 Southern California Coastal Zone Residential Parking Survey .................................. 13 5 Parking Occupancy Count Results - Residential Developments in San Diego, California ....................................... 15 i I. INTRODUCTION Lennar Homes -Orange Coast Land proposes to construct a residential project 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 M 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 sa 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 e ,., .~_. E ~' ~~ ~~~ ~~ O 1 W f IW i i i S3~i~l ~I3S 3Jtf77/~ ,.-----''~..- 1. _._. ___. _. _._ _-- -- - -- - -- - -- - _,- _ , ~__ ~ ~ _ ~ , x. ~~ ~ k k;- ~~ ~ ~ ~ ~ ~.~ ~ T ~ ~ -' r i a Y - ! f ~ ~.~ ~ ~ ~ ~ ~ ~ ~ ~-_ . ~ i ~ ~ ~ ~ __ ~ --~ r-~ - - '' ~ ~ Y s: t ~ ~~ ' ~ ~ ~, ~~ ~~ ~ ~ ~ ~ i , x. "- ;~ ~ '~ g' .T. _. i~ w_'~ v ^ ~;~ ~ ~ i + ~ y~ ~~ ~ ~~ ~ ~' k ~ ~ k ~1 ~ ~ Y ~, ~r ~~ k &~ it U~ W _< U O Y C Y Z w~ ~ ~ ~U ~ ~ °o N C) C r' w 4 ~ a L N g ~ -,a~~• 0 N The report is divided into discussions of parking code requirements and parking demand studies. 3. 11. 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. ~' z Parking Study at Valencia Senior Residential Project, Korve Engineering, City of Burbank Community Development Staff Report, June 2001 4 t ~ LU J H ~ ' ~' p~ r ~ ~ o r ~ ~O 0 Q- _ N Q. N ~' C~ C ~+ ~ ~. ~ ~ ~~ O ~ ~ !~ ~ O M~ O O O tfi Cd O O N M N M f~ 1~ 1~ O~ O) O O O O r r r r ~ ~ ~ r r ~ N N N N o O to O O O M O O O O N M ~~~~~~~~~NNNN to M M CO to r M M M N N N N (V CM o M M Op ~A NNNNCN~ ~ ~ ~ ~ ~ 7 N 'fl ~ O ~ r N ~ ca O~ to M O O O O O MO M O M ~A O z., ~ ~ ~~ N~ N N N N N r N N M M 0 0 0 0 0 0 0 0 0 V O ~ N M N ~ O O C . Ur w. ~, +,, ~ ~ ._. C O O O O Z Z Z r to o ~ o ~ N ` r a ~, c y C ~ E ~a m N ~ N N N N N N N N N N N M t1' O a~ O ~ O M N N N , > rn w c m a~ Y ~ ~ p0• •~ ~ m ~ r ~ N N N N N N N N N N N N N N M •p O N - N cV ~ ~ . ~ = .r Q• ~ •c ~ _ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ti ~ r r r N r r r r r r r r r r N N N N 7 r . ~ ~ O ~ ~ r r r~ r r r r N r~ N~ r p N N N N y.., r r r r r r ~_ U ~ ~. '~ O O ~ ~ Y ~ ;~' !a 'a O C ~' U 3 U1 ~- ~a N N v O O (a C i '~ ~ O = m p U~ ~ m= c N~ N Q ~ N~ ca c o m .«...r •- ... ca ca c ;_, ~. t ~.. ~ .c ~ c c ~~ c cn c c c ~ c ca c w C 7 m M O r '~ C la ,.N_. C m ~ N O ~ N N O -• c c •N ~ 3 ~ O m = r O 'd ~ O O Z `- cn .~ O C r C ~ O .U ~ N ~ Q C E ,°_ o ~ ~ U L 0 N L V O ~ ~ a~ = o U O a 3 w x .0 C N G. Q a~ m ~, CITY CODES -SENIOR HOUSING Table 2 shows parking requirements for the same 100-unit development construc+ed 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 ghat 64% of the proposed Columbus Square Senior Village project is affordable units, which would tend to reduce the parking ratio even further. The Cities of Burbank and Berkeley reduce the market rate parking requirements by 25% for senior housing projects, consistent with the data shown in Table 2. The City of Santa Monica requires a parking ratio of 1.45 sp/du for senior housing that is limited to low-income seniors, (and 0.45 sp/du for downtown low-income senior housing), indicating that the combination of the two factors yields a substantial discount in on-site parking requirements. INSTITUTE OF TRANSPORTATION ENGINEERS PARKING GENERATION MANUAL The Institute of Transportation Engineers (ITE) has just published the Third Edition of Parking Generation,3 a national compilation of measured parking occupancy studies at various land uses. This edition has many new land use categories, including Senior Housing, and is based on a much more extensive set of data than the Second Edition. Table 3 shows the relevant data from the publication. The data indicates that the actual parking demand for market rate residential ranges between 1.04 and 1.96 sp/occupied du. Parking Generation recommends the use of the 85°i percentile data point as the appropriate planning level for new projects. In the case of the market rate housing, the 85~" 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 Hypothetica1100-unit Market Develo meat Hypothetica1100-unit Senior Develo ment Percent Reduction Total Spaces per Total Spaces per for Senior Development S aces Unit S aces Unit Cathedral City 125 1.25 100 1.00 20°~ Anaheim 238 2.38 150 1.50 58% San Clemente 213 2.13 122 1.22 43% Ventura (County) 185 1.85 150 1.50 19% West Holl ood 195 1.95 60 0.60. 38% Hypothetical Development based on 10 studios, 401-BR units, 40 2-BR units, and 10 3-BR units Source: Southern California Association for Non-Profit Housing, 2004 See Appendix for full report TABLE 3 DATA FOR RESIDENTIAL PARKING DEMAND INSTITUTE OF TRANSPORTATION ENGINEERS PARKING GENERATION MANUAL Land Use Category Number of Sites Peak Parking Demand Measured in Field Surve ed Low Hi h Avera a 85th Percentile Market Rate Condominium 8 1.04 1.96 1.46 1.68 Senior Housin 2 0.34 0.5 Source: Parking Generation, Third Edition, Institute of Transportation Engineers, 2004 f 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, Califomia where the peak parking demand was found to be 0.50 sp/du. This field data verges the parking code reductions for senior housing discussed above and shown in Table 2. URBAN LAND INSTITUTE SHARED PARKING STUDY The Urban Land Institute (ULI) is in the process of updating the 1980 study entitled Shared Parking. The Second Edition of Shared Parking4 recommends the use of 1.85 sp/du for multifamily condominiums. This ratio is broken into 1.7 sp/du for tenants and 0:15 sp/du for ~~ visitor parking. The ULI Shaved Parking report does not include senior housing as a separate land use and therefore it does not recommend a speck parking ratio for senior housing. The report does explain, however, that parking ratios for land uses not included in the study should be added to the Shared Parking considerations based on the parking characteristics of that individual land use. With 1.85 sp/du recommended for market rate housing, it is clear that a parking analysis using the ULI methodology would begin with a parking ratio of at most 1.67 sp/du even if only a 10% reduction for senior housing was applied (1.85 sp/du x 90% = 1.67 sp/du). a Shared Parking, Second Edition, Urban Land Institute, 2005 9 AFFORDABLE HOUSING PARKING DEMAND The Appendix to this report includes Parking Requirements Guide for Affordable Housing Developers5. 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. Market Rate Requirement Los Angeles 1.3 sp/du Long Beach 1.95 sp/du Santa Barbara 1.98 sp/du Santa Monica 1.90 sp/du SUMMARY Affordable Project Requirement 1.25 sp/du 1.05 sp/du (near transit) 0.75 sp/du 1.00 sp/du 1.45 sp/du The parking ratio proposed for the Columbus Square Senior Village residential project is consistent with the ULI study and it exceeds the parking ratios recommended by ITE. It exceeds the required parking ratios for all of the cites shown in Table 2 that have a specfic requirement for senior housing and it exceeds the parking ratios for affordable housing projects for the cities that recognize this land use category. ' S Parking Requirements Guide for Affordable Housing Developers, Southern California Association of Non-Profit Housing, 2004 10 III. PARKING FIELD DATA While the comparison of the proposed parking ratio to parking rates required by other cities is informative, the City of Tustin is interested in the actual parking demand field experience at other similar developments. Data for condominiums reserved for seniors (with a portion allocated to affordable units) is limited, but the field data summarized below has application to the proposed Columbus Square Senior Village project. SOUTHERN CALIFORNIA EXPERIENCE In 2001, Kaku Associates, Inc. conducted a parking demand study for residential developments in Southern Califomia urban residential developments. This study was submitted to the Califomia Coastal Commission in support of a City of Long Beach approval of a parking supply that was below the 2.16 sp/du required in the City's Local Coastal Plan for projects along Ocean Boulevard. The parking demand study measured the peak residential parking demand at 11 residential projects spread among downtown/waterfront Long Beach, Marina del Rey, downtown/waterfront San Diego and downtown/waterfront Santa Monica. The peak parking demand at these 11 sites averaged from 0.66 to 1.59 sp/du. Figure 2 and Table 4 show the results of the parking demand study. Since the City of Tustin is interested in the parking demand at condominium projects, the counts at condos have been highlighted. While these projects were not necessarily senior housing projects, they were primarily non-family units. Their location along the coast and/or in urban centers made them high cost units that were primarily occupied by senior "empty nesters° or young urban professionals. The auto ownership patterns and the income levels at the surveyed condo sites can be expected to be higher than at the proposed Columbus Square Senior Village project. 11 1 ~ N C'1 i ~ ~ t Of O r N ~ C9 i ~ 1 r 1 Qf O CV 'O tf ~!V ~o a i a ^ i N r ~ A r ~ ~ N ~ i r I i ~ lfy I r i i i ~ ! r ~ ~ 1 N i ~O, N ~ N ~ r I c ~~ •~- w ,~ !~ a ,o a ~ I ~ i ' o ~ ~ I~ I 1i I o I ~ O O ch tf) ~ 1~ O ~ CV tV r r p np / sa~sdg Bui~ed ii cv G m m C .` G N p~ N G C ~ C g _O! eo LL ~ a a c a 0 m 0 X as .. c 0 H N b m d N O O C ~, ..J Q F 7 ~ 0 ~ ~~pp ^^ ~~pp NN <D~f~~MN~N~~~ O C ~ C C ~ ~ ~ ~ ~ ~ O N 0 W ~~~ V~'~~rn~c~N~ J N N e~~- N r' N N N ~~ a ~ a ~ ~ O ~ F ~ o pp ~ ~t~O~~ O~N1~~ Z - ~ N N e-~~r-N~~e-CV Nr- Y D ~w ~ ; a J~ ~ ti ~t00~ON~-~-'NO tA00 ~~ c'~ C~~l~NNU f~N~ (A ~ a N 0 W ?~ U Of ch0)0~00~0~0~0 - O ~ 0~O~pN~ U c 7 ~N. U O w o~- a~o ga o 0o goy o ~ U rn~$°~o°~~o~oo~ H ~ Z ~ (~ J Q O I~~NOONssttsfCO N Cp N of cO N ~ ao N tO ~ c~ MCO~e- ~e-N~ Z J ~ J 0 ~ LL. O M ~ ~ OC W m Z N ANN ~~ tM0 C~O~ ~ m CD ~ ~ O ~ ~ N r~~ ~~ .- M ~ ODD ~j N ~ F-- Z 0 N d ~p ~p ~ ~ U U Q NO NCf N m N m N~~ O O mmmm eo cu~~ U 0 rn rn rn rn ~ ~~~ ~fnlnJJJJ~~2~~ F- W ~} F- ~U~UU~~~UU~ W H Q m U U W W U' _-~ Y N C N Dl C .Y a 7 rn C N d m co r y l~6 yH C U m fl, a ~ o v ~o ~, O N ~~ m R .~ do E n, c c t0 nm ... m w .0 .y N m o O` N ~~ '~ ~ C $.-~ m fl, ~ O bl .r. ~ ~> fl. fA N E E O C 0 U n U a~ N d HT C N LLI 0 Z ~ The study results show that the condo developments studied had parking demand rates well below the 1.7 sp/du proposed for the Columbus Square Senior Village project. The parking studies showed a range of actual parking demand of 0.93 to 1.43 sp/du with an average peak parking demand of 1.31 sp/du, or 22% less than the parking ratio proposed by the Columbus Square Senior Village project. The remaining six sites measured were rental projects in the same geographic areas and the same financial level as the condo projects. The rental projects had peak parking demands ranging from 0.66 to 1,59 sp/du with an overall average of 1.07 sp/du. In 1996, Darnell ~ Assoc?ates measured the peak parking der*~and 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 spldu. All 18 of the studies cited above have higher income levels (and higher auto ownership) than is expected in the Columbus Square Senior Village project. The proposed project would be expected to have a lower parking demand than the studies cited because of the expected lower auto ownership levels. Of the 18 sites surveyed above, not one location had a parking demand that exceeded the 1.7 sp/du parking supply proposed in the Columbus Square Senior Village project. SAN FRANCISCO AFFORDABLE HOUSING SURVEYS A parking study of 12 low-income projects in San Francisco showed that the parking demand never filled the one space per unit parking supply required by the City zoning code. A Palo Alto low-income residential project was approved in 1989 with 1.6 spaces per unit (25% below the City's market rate zoning code requirements). The project was required to set aside a landscape reserve that could be converted to additional on-site parking supply if needed. After 15 years, the landscape reserve area is still dedicated to open space, not parking. 14 {i 1 H J N H N V J V ia- a U Y OC a Q LL J V 0 Q Z w a W W D H z w 0 w Q ~~ ~ N ' O ~ QO N N r ) tL ~ ~f M ~ ~ W W Z (q Y Ud. oOO ~ O r-M N aNo Q a U ti ao co an v ~t ~ a ~O ~ O ~ H ~ O N oo r to f~ r- N I` ~ a~ N a ~ ~ N ~ N r ~ ~ (V ~ Y AW co ~ N ~co rn co Q OQ N `- ~ `- ~ COO~ (OD CO a ZN W Q ~ to O ~ d' N N CO ~ Z tOp ~ tA _ MM «~ M Z ~ ~W a~ ~ ~ . N ~ U ~ W F" O V N N ~ ~ _ ~ N ~ N ~ N co ~ U 4+ .C v i ~ ~ . U LL, cn ~ a~ ~ ~ ~, a~ ~ Z J J J J ~ ~ t0 rn O r a~ N N v axi O Q., ~ ~ O cU ~ ~ a ~ U (~ c Q a °-' ~ •V C II O N OC Q Q a~ ~ a >` ~ ~o LIJ ~ Z t~ VALENCIA SENIOR HOUSING SURVEY R:s 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 C Village project. In over 32 parking occupancy studies, the peak parking demand never reached or exceeded the 1.7 sp/du proposed for the project. 16 IV. CONCLUSIONS gpgrt~trrf o~ The proposed Columbus Square Senior Village project will construct 240 senior 64% of which will be reserved as low-income units. The project propo s a parking supply of 409 spaces to serve the project. The parking supply would provide one garage or carport reserved space per unit with the remainder in an unreserved parking lot configuration. The review of parking Zoning Code requirements in Calffomia 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 t1 Parking Requirements Guide For Affordable Housing Develo ers Southern California Association of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005 Los Angeles, CA 90010 www.scanph.org f oz.'~.oa 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 Callfornla Minimum Parking Requirements 8 Related Newspaper Articles 11 ~` "Rethinking Residential Parking: Myth S Facts" Appendix A Report by the Non-Profit Housing Association of Northern California 8outh~rn CaIlMrnla Associa~bn of Non-Pro11t Mousing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scan~h.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 Development Costs -Parking requirements drive up the cost of development, resulting in less units of housing. Needing to spend more on parking means less funds available to provide housing. Some developments end up having more space for cars than for people. • Reduces the Potential for Other Amenities and Uses. Wastes Lsnd -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- floorretail, are also reduced, leaving other community needs unmet in the name of parking. • less Attractive 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 content 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 CalHornia Association of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanph.org -3- income. Low-income families, seniors, and special needs populations are less likely to require the use of more than one parking space, if that at all. The need for parking also decreases for residents in dense areas near transit. Southern CalHornla Assoclatlon of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 wwwscanph.or4 -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.berkeley.edu/students/rrusso/parking/Developerl20Manua l/in dex.htm Donald Shoup Professor, Urban Planning. UCLA. Has written numerous reports regarding parking requirements. Argues for reduced parking requirements for numerous developments, including affordable housing. shone@ucla.edu Resorts Parking Requirement Impacts on Housing Affordability Todd Litman, Victoria Transport Policy Institute. Victoria, B.C., Canada, 1999. www.vtpi.orc~/park-hou.pdf Pavement Busters Guide: Why and How to Reduce the Amount of Land Paved for Roads and Parking Facilliles Todd Litman, Victoria Transport Policy Institute. Victoria, B.C., Canada, 2000. www.vtpi.org/pav-bust. pdf Smart Growth Zoning Codes: A Resource Guide Local Government Commission. Sacramento, 2003. To order a copy, visit www.lac.orcl Travel Characteristics of Transit-Oriented Development In CaDfornla Hollie Lund (CSU Poly, Pomona), Robert Cervero (UC Berkeley), Richard Wilson (CSU Poly, Pomona). California, 2004. Please contact SCANPH for a copy. Rethinking Residential Parking: Myth ~ Facts Southorn Calltornla Assoclatlon of NornProflt Mousing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 wwwscanph.ora -S- Non-Profit Housing Association of Northern California (NPH). San Francisco, 2001. www nonprofithousina org/actioncenterltoolbox!parking/mvthsandfacts Ddf Reducing Housing Costs by Rethinking Parking Requirements San Francisco Planning and Urban Research Association (SPUR). San Francisco, 1998. www.spur.org/documents/spurhsgpkg.Ddf Resorts. cont. Buying Time at the Curb Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 2003. www.SDDSr.ucla.emu/uD/webfiles/buxinatime.pdf The High Cost of Free Parking Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1997. www.Sppsr.ucla.edu//duD/peoplelfacuity/Shoup~20Pub~o204.pdf In Ueu of Required Parking Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1999. www.sDDSr.ucla.edu//duD/people/faculty/ShouD%20Pub%202.~df The Trouble With Minimum Parking Requirements Donald Shoup, UCLA Department of Urban Planning. Los Angeles, 1999. www.sppsr.ucla.ed u/lduD/people/faculty/ShouD9'o20Pu b9o203.Ddf Housing Shortage/Parking Surplus: Silicon Valley's Opportunity to Address Housing Needs and Transportation Problems with Innovaflve Parking Policies Transportation and Land Use Coalition. San Jose, 2002. www.transcoalition.org/reports/housing s/housing shortage home.html Southorn California Aasociatlon of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005, los Angeles, CA 90010 PH: 213-48Q-1249 www.scanph.ora -6- Best Practice Pollcles Here is a quick list of jurisdictions and practices that con be used as examples: '' ~~~~ . Combined Reductions in City of Los Angeles See Next Page Parking Requirements for Affordable Housing Parkrclg requ~ements 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 1.42.05) Par{~ting, Rt~gprrerrll~~tt Red~:lces~parkih8 fbr twa ~rh,aff~dwbte Redltcti~s tl~if Santa Monica housfri~~>ai#5 ff arrr-7 s~ , { ~~ j ~. , Affordal~e~~f,~.using~ s~~~>zyper enif. t$ i< ~f Using Square Feet In R-4 district, parking requkemenl5 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) In q, V t~e ' t ~I ~ Lovr~`F'q~.. Sq~ Frgnc[sco ~ ~ Ilek~ ~ C1~ ~ ~ 9~ ~ ~s~id~e. t~@r`lUlt D41~1~~~'f ~~i~ ` ~ Deh's`it ~5~~e~f~ FcSr' 1'~t3~~ ~ tf~pt`~;1 ~ ~II~ Trq~s)t 5en4~~--_ t7akl~ihd°° per ~ ~tt T~~ .V, ~ ~ per ~ ~ 2: ; UnF~ If~ a '' f~~C ~. ~ A _ S For 1 bedrooms and studios only, San Jose has Lower Parking San Jose a 0.5 spaces per unit reduction in MPRs when a facility is "All Open Parking" vs. "One-Car' or Requirements for Unassigned Parking Lots 'Two-Car Garage" (Municipal Code 20.12.215) versus Assigned Parking ff open lot, parking requirements are 0.3 to 0.4 Spaces Sunnyvale spaces per unit bwer than developments using one-fully enclosed garage. (Municipal Code 19.46.050) Allowing'Residential Santa Clara County - Pass is befween X20 and X80 per year per Southern CalHorrda Assoclatlon of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanph.ora -7- Developmenf Manpgers Va~ey Transportation person depending oh cieveloAment s¢s and - to Pur~hase,Anriuat Aut#~gritXr "Reskierttrat Ic~at~x-. Traruit Pc~s•foirAU Eco-~~tss"` Resideht3 at ct discount One -fifth the regular parking requirement for housing spec'rfically 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 2596 reduction of parking. requirement for Berkeley housing exc~sively for persons over the age of sbcty-two (fi2). One space per 5 residents for nursing homes. (Section 23D.40.080j IPcidue~~ da~ttpt~xtha~ Discr~i~sna~r redubis., apartCrietx~`tt fQr residefl~Wsiat, in parking requi'et~int3' ' Gorr~oFd neeejs w~ rg~Ii~t`~ ~~rl~c~ a~ cnih: for sertbt arid: di~l~t~d: parkf*ig ap~dV.i,~odies kpa~t:the a,~t~lcxtf< housing. to reduc,~ n~ir ~requiteii p ~,. - spaces. (Se~'tfa~ .f O.A31' Southern Cali/orrda Assoclatlon of MomProtl! Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.sconph.org ( `' -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 ca~ulating 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. j2) 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 lo-cated within 1,500 feet of a transit station or major bus route For a project containing 3 1.50 parking spaces per or more habitable rooms dwelling unit and not located within 1,500 feet of a transit station or major bus route For any project containing 0.50 parking space per units designed for senior dwell-ing unit or guest citizens and/or disabled room persons For asingle-room 0.25 parking space per occupancy hotel dwell-ing unit or guest room, with a minimum of 5 parking stalls per facility Southern California Association of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005, los Angeles, CA 90010 PH:213-480-1249 wwwsconoh.orfl -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 `'," .Ty;.~,,.., Los Angeles 1` Irv~e 1 Riverside (City) 15 Ventura (City) l Santa Monica 1 Long Beoch 1 West Hollywood 1 Santa Barbara 1:~5 Pasadena T San Bernardino T (City) City of Orange T2- San t ~. Clemente" Oxnard Tustin 2 Huntington Park 2 Anaheim T.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 I 2 2 2 2 l:S 1'.6 2 a ~. 2r. 2" 2; z:. 2 a 2 2- 2, 2: 2~5 3 2 2 2 2 2 2 2 2 2 2.5 2.2 2.5 2 2 2 3 4 t'fe~~ T pt~[ 4~, r}s O.~i T -~_ ~ ~x, ~~" ~ ~; T3~~ T ~~ -: ter- ~ ~~ -~ 1• . 0~' =; Q >,' ~ ~ 1 13, 0,211tt,~it , 2516'• re4uir~[riernt 175 175 175 190 195 195 198 200 200 202 213 215 225 233 238 325 1.~~~ 1`.a5 1.75 1.90. T.~3 1ST T.4$s: ~'> ~.fl~< ~. Z't'~ ~.1~' ,` ~f~ 2.33 2.3& 3:~3' , 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 addtional requirements may further impede development. 8ou~orn CalKornla Association a/ Non•Profit HousMg 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 ( PH:213-480-1249 www.scanph.ory -10- ' Santa Ano recently changed their MPRs to more reasonable ratios. Santa Ana's municipd code still reflects these requirements as of 9/16/03. " San Clemente may also use nei floor area to determine MPRs. Whichever method yields the larger amount will be employed. Breakdown is as follows: To 900 sq. ff - 1.5 spaces To 1800 sq. ft - 2.0 spaces To 2700 sq. ft - 2.5 spaces Over 2700 sq. ft - 3.0 spaces Southorn Cal(tfomia Assoclatlon of Non-ProAt Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanoh.org Sample of Alternative Minimum Parking Requirements Below is a table of alternative minimum parking requirements for various types of multi-family developments. Various cities have recognized that the standard requirements may not be fitting for every population, such as low income families or seniors, and have developed more reasonable requirements for sites serving to these groups. For comparison purposes, the same hypothetical development has been employed. ~enrvr Cathedral City ~ 1 ~ ' _ ~ ~; -Senior Long Beach - Specid Needs LI or ~ s~~ tof @~G;QI'~%b@C,~ik~kT15- ~ ~' Senior LI Los Angeles - T 1 ~~~ 1.5 (iF near f Affordable honsir) ±~~I° - _. ~t San Clemente ~ '1.. 1 T~ 1 : . ~~ -senior . fT1. Santa Barbara 1 ., - 10096 Affordable Santa Monica - ~ , Affordable Ventura County -Low 1' income or Senior West Hollywood - 0.5~ Senior 1 1 1 0.5 100 75 125 (105 near transit) 122 100 145 180 1:t>€)~ 6~:?< r ~; ~t`, T~.~ ~__ ~.. ` . ~ .t-, 1-,41: t.8~1 4:5: 0.5 l IQr 60 4~ ': Southern California Assoclatlon of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Ahgeles, CA 90010 PH: 213-48(}-1249 www.scanph.ora -12- References Access municipal code language for all cities listed via the Internet. City Section Websiite Anaheim 18.06.050 http://www.amleaal.com/anaheirrl ca/ Cathedral City9.58.020.F http://ordlink.com/codeslcathedral/index.htm Huntington Park 9-3.804 http://ordlink.com/codes/huntinaton/index.htm Irvine 4-34 htta7://www.ci.irvine. ca.us/dep ts/cd/ IRanningactivitfes/zoning ordinance.aso long Beach 21.41.216 http: //ci.long-beach.cg.us/citycl /Ibmc/title-21 /frame.htm Los Angeles 12.21.A.4 http: //www.lxity.org/Iacitv102.htm City of Orange17.34.060 http: //blx.iserver.net/codes/orange/index.htm Pasadena 17.68.030 htta:/ /www.ci.pasadena.ca.us/cityclerk/municode.asg Riverside (City)19.74.01 OB http:/ /www.ci.riverside.ca.uslmunicioal .code/Default.htm San Bernardino (City) 19.24.040 httD://ywrw.ci.san- bernardino ca us/site/htm /Develor~ mentCode2002 htm San Clemente 17.64.050 httL:/ /www.brxnet.com/codes/sanclemente/ Santa Ana 4-1322 htfo:// liveaublfsh.municode.com/3/Ipest.dll$F-temobtes&Fn=main-i.htmE.vid=11492 Santa Barbara 28.90.100 nJ~t/www.ci.santo- k4r~24tA~.A us/departmenh/administrative senrices/cily clerk/municipal cq~ Santa Monica 9.04.10.08.040 http://aen.ci.s~ta- monica ca us/munlcode/codemaster/Arfic{e 9/04/i0.08.040.htmt Tustin 9226 htto-//livepublishmunicode com/livePublish/newonllnecodes aso~infobase=l 1307 Ventura (City) 24.415.030 htta:/lCvepublish.municode.com/3/loext/dN~f=temalates8.fn=moin- Lhfim&vid=10135 West Hollywood 19.28.040 http~//www weho org/index cfm~fuseaction=nav&navid=248~mode=Web Southom Caliifornla Association of iNon-Ptroflt Nousing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.sconph.orq -13- Making a House Call Less Downtown Parking Is Part of Proposal to Streamline Home Buildirg by Jasoin McndQll, 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 t!~e plan, authored by the Central City Association, .s 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 Diming to reduce the number of parking spaces required for a project. The 19-page'bvhite 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 159'0 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 Termina! 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. Southern California Association of Non-Profit Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanoh.org -14- Hahn said-the high cost of meeting the current parking requirements drives away developers. He said that if more housing is constructed near bus and subway stops, the need for parking spaces will diminish. Making a Hoase 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. "I like the fact that this paper provides incentives, not punitive measures:' Southern Callfornta Assootation of Non-ProA! Housing 3345 Wilshire Blvd. Suite 1005, Los Angeles, CA 90010 PH:213-480-1249 www.scanoh.org -15- ~` _ Perry said the plan provides a blueprint for the city's effort to increase housing production. "I'm looking forward to using this paper as a measure of our success as we move forward." Attachment E Planning Commission Resolution No. 4134 RESOLUTION N0.4134 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL DENY CONDITIONAL USE PERMIT (CUP) 09-024, AMENDMENT TO CONCEPT PLAN (CP) 03-003, AND AMENDMENT TO TRACT MAP (TM) 16581, FOR THE SUBJECT PROJECT AS APARTMENTS OR FOR RENTAL TENURE, AND APPROVE DESIGN REVIEW 09-024 AND CONDITIONAL USE PERMIT 09-024 AS IT RELATES TO PARKING, AUTHORIZING THE DEVELOPMENT OF A 240-UNIT SENIOR RESIDENTIAL CONDOMINIUM 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 at the December 8, 2009, meeting, 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 on January 26, 2010, the Planning Commission held a continued public hearing on the item and continued the item for sixty (60) days to allow staff, the applicant, and residents to conduct further research and report back on subjects raised at the hearing; PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 2 F. That on March 23, 2010, the Planning Commission conducted a second continued public hearing on the item; G. 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 designated as affordable units; H. 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; I. 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; J. That pursuant to Condition 1.2 of Resolution No. 4014, permits must be obtained and substantial construction underway within 24 months; K. That some building permits were applied for, approved, and issued; and one (1) of the ten (10) buildings was constructed but the developer chose not to obtain additional permits or continue construction at Coventry Court; L. That since development at Coventry Court was discontinued, Design Review 05-019 and Conditional Use Permit 05-037 for Coventry Court are considered to have lapsed, but the obligation to construct senior housing and affordable units as required in the conditions of the earlier approvals remains in effect; 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 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; PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 3 O. That the proposed project is part of Tract 16581; thus all applicable conditions from City Council Resolution No. 05-40 for approval of Tentative Tract Map 16581 and Resolution No. 06-17 for approval of Final Tract Map 16581 remain applicable to the proposed project; P. 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 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 shall be applicable to the subject project; Q. That for Design Review 09-024, 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 condominium development as conditioned (senior condominiums) is a permitted use in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, 2. As conditioned, the proposed senior condominium 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 senior condominium 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 4 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 the neighborhood. I) 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. R. That for Conditional Use Permit 09-024 requesting approval of the subject project as apartments/for rental tenure, pursuant to Tustin City Code Section .9291, the proposed senior apartment housing development for rental tenure would be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, and 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. The 240-unit senior residential project was originally considered in concept and plan as a part of the greater Villages of Columbus which were proposed as 100% ownership units and apartments were not considered as part of the original development plan; 2. The change from ownership to rental tenure is not a minor amendment to the project and will result in a change in the operational characteristics and intent of the project as previously considered and approved and will therefore cause a detriment to the general welfare of persons residing in the neighborhood; 3. The project as proposed will cause detriment to the property in the neighborhood of the subject property in that the proposed project will adversely impact the community master association and all of its members in terms of voting rights and dues. The project, as proposed with a 2:1 ratio of assessments and voting rights within the master community association, will result in an unwarranted increase in monthly association dues over the life of the project and will unduly alter the balance of voting rights within the association by concentrating 120 voting rights into one entity (e.g., the future owner of the 240-unit senior apartment project). Many of those individuals PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 5 who purchased their existing individual interests in the development were not adequately informed that association voting rights might be concentrated in a single owner in this fashion; 4. An alternative proposal made by the applicant after the January 26, 2010, public hearing would not annex the proposed senior apartment complex to the community master association but would require the senior complex to to enter into an agreement to pay the master community association amounts equivalent to 240 assessments toward association maintenance costs. Such a proposal would permanently and unfairly burden the senior housing complex to fun association maintenance costs. Such a proposal would permanently and unfairly burden the senior housing complex to fund association maintenance costs but without representation of the senior complex and its residents in association elections; 5. Many of the current residents in the various neighborhoods of Columbus Square were ensured at the time of their purchase by the master developer and/or neighborhood builders verbally and in writing that the Columbus Square community was strictly for ownership tenure only and that no apartments were a part of the development plan. That a change in tenure type for 240 of the 1,075 units in Columbus Square to rentals will cause detriment to the comfort and welfare of the persons residing in the neighborhood of the subject property, as has been expressed by numerous ~ property owner/residents in writing incorporated herein to the City and during the three public hearings held on the item; 6. The applicant's existing obligation to construct individually-owned senior condominiums: (a) established a better and fairer balance between voting rights and financial commitments for association costs; (b) maintains voting rights in a manner that does not result in undue concentration of voting rights in one entity; and (c) is in keeping with the expectations of the existing association members regarding assessments and future voting rights. 7. 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 and the Housing Element identified Coventry Court as an implementation project to meet the City's housing projections and goals. However, the senior project can serve to benefit the target population as originally intended through ownership without the proposed change to rental tenure; S. That the 240 multiple family attached senior housing units for ownership tenure were a part of the subdivision of 105.5 acres and development of 1,075 residential units at the Columbus Square site, 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 as PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 7 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 23`d day of March, 2010. ELWYN A "AL" MURRAY 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 23`d day of March, 2010. r-- ~~~~- ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4134 DESIGN REVIEW 09-024 AND CONDITIONAL USE PERMIT 09-024 RECOMMENDED CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shalt conform with the Tustin City Code and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped [date of approval], 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 of the date of approval. 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 and Conditional Use Permit 09-024 are 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 DR 09-024 and CUP 09-024, 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 ownership 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 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 and Conditional Use Permit 09-024, as may be modified herein. (***) 1.10 The senior condominium development is proposed to be developed strictly as a senior complex with parking concession of 1.7 parking ratio per unit per CUP 09-024. Accordingly the senior 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 upon each condominium unit by the applicant prior to issuance of a building permit. DESIGN REVIEW (4) 1.11 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 3 (4) 1.12 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) 1.13 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 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 PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 4 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 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 5 • Noise attenuation features as required under the "Noise" section of this i 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 4 length and shall be shown on the plans. f (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. 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 trafhc volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 6 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 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: PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 7 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 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 8 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. 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 9 !S! i . (1) 6.1 The developer shall close and convert the model units (constructed units) to occupancy within 90 days from the last unit sold. CONSTRUCTION PHASING AND MODEL UNIT PLAN (***) 6.2 No further building permits shall be issued for any portion of Tract 16581 until the balance of market-rate and affordable units within the entirety of Tract 16581 is reasonably in proportion, as determined by the Director of Community Development. The applicant shall submit a revised phasing plan, for review and approval by the Community Development Department, reflecting phasing in conformance with this condition, prior to the issuance of any further building permits in Tract 16581. LANDSCAPINGIHARDSCAPE (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. ^ 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 planting materials shall be use alone is not acceptable. over 25 percent. A combination of i. On large areas, ground cover ^ Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 10 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 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 homeowner's association governing Lot 265 ("HOA") 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 association or CC&R documents. • The HOA shall ensure that required parking is provided to residents, 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 11 • The HOA 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. ORANGE COUNTY FIRE AUTHORITY (5) 9.1 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) 9.2 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) 9.3 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) 9.4 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) 9.5 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 12 (5) 9.6 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) 9.7 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) 9.8 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) 9.9 Prior to the issuance of a precise grading permit or building permit, the applicant shall submit and obtain approval of the Fire Chief and City Staff of plans for all public or private access roads, streets and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When adead- end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. Applicable CC&R'S or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 9.10 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) 9.11 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) 9.12 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 13 other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes, and an enforcement method. (5) 9.13 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) 9.14 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) 9.15 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) 9.16 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) 9.17 This system shall be operational prior to the issuance of a certificate of occupancy. NOISE (1) 10.1 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) 10.2 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) 10.3 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 14 PUBLIC SAFETY (4) 11.1 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) 12.1 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) 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 PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 15 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 Un~ed 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 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 i interested party to challenge the environmental determination under the ( provisions of the California Environmental Quality Act could be significantly lengthened. Attachment F First Amendment to the Columbus Square Housing Agreement and Affordable Housing Plan 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 2010 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 09-024 with adoption of Resolution No. 4134 on 2010 requiring the 240 senior citizen units in the Coventry Court product at Columbus Square to be amulti-family senior citizen 90087986.2 1-13-09 apartment project rather than an owner occupied senior citizen multi-family condominium 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. 09-024, 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 l .3 in the Housing Agreement are hereby amended and restated to read in their entirety as follows: "1.1 'Affor~clcrhle Housing C.oa~~' shall mean for any Affordable I-lousing 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 Househnlclr,' 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. 90087986.2 1-13-09 -2- (b) For 'Low Income Households,' also detlned as 'Lower Income Households' as more particularly defined in Health and Safety Code Section 500~2.5(b)(3j 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 seventy percent (70%} of the annual Orange County Median Income, adjusted for family size appropriate for the unit. (c) For 'Moderate Income Household's,' as more particularly defined in Health and Safety Code Section 50052.~(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 ofthirty-five percent (35%) times one hundred ten percent (1 ] 0%,) of the anmial Orange County Median Income, adjusted for family size appropriate for the unit. Notwithstanding the foregoing, in accordance with Health and Safety Code Section 500~2.5(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 (1 ]U%) of the annual Orange County Median Income, adjusted for family size appropriate for the unit. 1.2 'Affordable Rena' 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 I household, a Low Income Household, or a Moderate Income Household, as applicable. The Affordable Rent for afor-rent Affordable Housing Unit shall be calculated as of the date of rent of the unit and shall take into account and include a reasonable allowance for utilities and in an amount not in excess of: (a) For 'Very Low Income Households,' as more particularly defined in Health and Safety Code Section~50053(b)(2) and as generally described herein as a monthly rent which does not exceed one-twelfth of thirty percent (30%) times fifty percent (50%) of the annual Orange County Median Income, adjusted for family size appropriate for the unit. (b) For 'Low Income Households,' also defined as 'Lower Income Households,' as more particularly defined in Health and Safety Code Section 50053(b)(3) and as generally described herein as applicable to those low income households whose gross incomes exceed the maximum income for very low income households, a monthly rent which does not exceed one- twelfth of thirty percent (30%) times sixty percent (60%) of the annual Orange County Median (ncome, 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 -3- 90087986.2 1-13-09 Orange County Median Income, adjusted for family size. 1.3 'Affordable Regulatory Agreement' or the 'Kegulatory 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." ?. Section 1.8. Section 1.8 of the Housing Agreement is hereby amended and restated to read in its entirety as follows: "1.8 'Affordable Housing Unit' means one of the one hundred thirteen (113) units to be provided by Developer for sale and to be occupied by Owner-Occupiers at an Affordable Housing Cost for Very Low, Lower or Moderate Income Households and the one hundred and fifty-three (153) Units identified by the Developer and approved by the City for rent to Senior Citizens at an Affordable Rent to Very Low Income Households, Low Income Households, and Moderate Income Households, as more specifically set forth in Section 3, collectively the 'For- Rent Affordable Housing Units."' 3. Section 1.13. The definition of "Lower Income Households" is hereby amended and restated to read in its entirety as follows: "1.13 'Loti~~ 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: -4- 90087986.2 1-13-09 "1.23. 'Very Ioiv Incnn~e Household' shall mean a Household occupied by persons and families whose gross annual income does not exceed fifty percent (SU%) 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." 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 l .28 to read as follows: " ] .24 'Business Days' shall mean any day on which Tustin City Hall is open for business. 1.25. 'O'ily Progr•ajn ddminislrator' 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 Prgject t'eriod' shall mean the period beginning on the first day on which at least fifty percent (SU%) of the residential rental Senior Citizen units in the Coventry Court project are completed and first occupied and ending on the date that is fifty-five (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 C'iti~era' means persons age 55 and older. 1.28. 'Ver°ificalion af-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 ti-om time to time be provided by the City Program Administrator to Che Developer." 8. Section 3. The title of Section 3 of the blousing Agreement is hereby amended and restated as follows: "3. Affordable Housing Unit Obligations and Tenure Restrictions. 9. Sections 3.1 and 3.2 of the Housing Agreement are hereby deleted in their entirety and new Sections 3.1 and 3.2 are substituted in their place. " 3.1. Affordable Housing Unit 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 Uriits'), as identified in Attachment No. 2. Of these two hundred and sixty- six (266) Affordable Housing Units: -5- 90087986.2 1-13-09 (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 than 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 (6l) units rented to Low Income Households, and fifty-six (56) units rented to Moderate- Income Households. For rent Affordable Housing Units may only be rented to and occupied by Senior Citizens. The proposed general locations of such Affordable Housing Units by specific parcel, tenure (rental or ownership), bedroom count by tenure which shall not be less than the bedroom mix (shown in Table 4 of the Affordable Housing Plan, as amended), shall be in accordance with conditions of approval of Resolution CC OS-40, including Conditions 2.1, 2.2, and 2.3, and in Planning Commission Resolution No.4134, including Conditions 1.8, 1.9, and 1.10. 3.2 Affordable For-Sale Housing Unit Requirements: Marketing and Required Documents 3.2.1 Income Qualification Standards and Procedures. The Developer shall submit to the Ciry'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- 90087986.2 1-13-09 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- 90087986.2 1-13-09 be constructed in the Coventry Court project as depicted in general location in Attachment No. 2. 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. 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. 2 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. Z as being For-Rent to Very Low-Income Households shall only be rented and occupied by Senior Citizens in Very Low-Income 1-louseholds; (b) Affordable Housing Units designated by general parcel location in Attachment No. 2 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. 2 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 -8- 90087986.2 1-13-09 Households as applicable to such units and as described in Section 3.4.1 and generally depicted on Attachment No. 2. 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 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, I,ow 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 -9- 90087986.2 1-13-09 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 Households on such date shall be permitted to continue to occupy those Low Income Units, Very I.ow 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. f) The Developer agrees to provide to Very Low Income Households, Low Income Households, and Moderate Income Households within the rental project sites notice of all rent increases pursuant to applicable Governmental Requirements, including rules and regulations of the State. 3.5.4 Rental Rates. Rental rates for all Affordable Housing Units to which this Agreement and a Regulatory Agreement are applicable shall not exceed the higher of following: (a) The Affordable Housing Rent as defined in the California Health and Safety Code Section 50053 for Very Low Income Households (Section 50053 (b)(2)), for Low Income Households (Section 50053 (b)(3), and for Moderate Income Households (Section 50053 (b)(4), 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 1-Iolders. No Affordable Housing Units designated for rent to a -10- 90087986.2 1-13-09 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 HOMI/ 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. 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 I,ow 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 90087986.2 1-13-09 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, 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 L,ow Income Units, Low Income Units, and Moderate Income Units be allocated as among the Affordable Housing Units as provided in Section 3.4. In the event the foregoing provisions result in an allocation of Affordable Housing Units different from that provided in Section 3.4, Developer shall lease the next available Affordable Housing Unit to a Senior Citizen in a Very Low Income Household, Low Income Household, or Moderate Income Household, as the case may be, in order to correct the allocation. 3.5.8 Minimum Rents. Notwithstanding the other provisions of this Section 3.5, Developer shall not be required to charge a rent for a Very Low Income Unit, Low Income Unit, or Moderate Income Unit that would be lower than the maximum rent Developer would have been permitted to charge for the Unit had the determination of maximum rent been made on the date the City and Developer entered into the Agreement. 3.5.9 Tenant Protections (a) Rental Agreement. The Rental Agreement (lease) between Developer and the Affordable Household. must be for not less than one year, unless the City Program Administrator provides prior written approval, and may not contain any of the following provisions: (i) Any agreement by the tenant to be sued, to admit guilt or to consent to a judgment in favor of the Developer in a lawsuit brought in connection with the lease, (ii) Any agreement by the tenant that the Developer may take, hold, or sell personal property of household members without notice to the tenant and a court -12- 90087986.2 1-13-09 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. (iii) Any agreement by the tenant not to hold the Developer or its agents legally responsible for any action or failure to act, whether intentional or negligent. (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 fury. (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. -13- 9008'7986.2 1-13-09 (b) The Developer shall obtain, complete and maintain on file Verifications of Income qualification, in the form provided by City's Program Administrator or otherwise approved by City's Program Administrator, from each Very Low Income Household, Low Income Household or Moderate Income Household, including (i) a Verification of Income and age qualification dated immediately prior to the initial occupancy of such Very Low Income Household, Low Income Household or Moderate Income Household and (ii) thereafter, annual Verifications of Income and age qualifications which must be dated as of June 1st of each year, or such other date as may be mutually agreed upon by the City's Program Administrator and the Developer, and in no event less than once in every twelve-month period following each Very 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 (151h) 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 (151) day of the sixth (61h) month of each calendar year until the end of the Qualified Project Period. (d} 1'he 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. 90087985.2 1-13-09 -14- (f) The Developer shall prepare and submit to the City Program Administrator no later than the first (ls`) 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 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 subject to termination on such prior notice as the City's Program Administrator deems reasonable. 3.5.12 Termination of Por-Rent Affordable Housing Covenants. The provisions of this Section 3.5 shall remain in full force and effect for the period provided in Section 3.5.1." 14. Section 3.6 is hereby deleted in its entirety and a new Section 3.6 is substituted in its place as follows: "3.6 Purpose of Affordable Housing Provisions. The 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 -15- 90087986.2 1-13-09 that the City and its successors anal assigns be empowered to enforce the covenants contained in this Affordable Housing Agreement and all Affordable Housing Covenants, or Regulatory Agreements, that each of the foregoing empower the City and its successors and assigns to enforce the covenants contained herein, and that each of the foregoing should also be construed and interpreted." 15. Section 3 is hereby amended to add the following new Section 3.7: "3.7 Compliance with Density Bonus Ordinance Specific Plan and Applicable State 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-se~reaation 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.' -16- 90087986.2 1-13-09 (b) In Leases: 'The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: 'That there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the 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.' "I'he Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, transfer, rental or lease (where permitted), use, occupancy, tenure or enjoyment of the Site nor shall the Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of purchasers of the Property, or renters or lessees of the Property, or any portion thereof." 17. Section 3 of the Housing Agreement is hereby amended to add a new Section 3.9 to read: "3.9 Memorandum of Agreement. A Memorandum of Agreement, substantially in the form of Attachment No. 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 No. 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. Section 17. Section 17 is hereby amended to delete the original Attachment No. 2 and replace it in its entirety with a new Attachment No. 2 , to add Attachment No. 9, and to add Attachment 10, with the Attachments included in the Agreement, as amended, to read as follows: -17- 90087986.2 1-13-09 "Attachment No. 1: Legal Description Attachment No. 2: Affordable Housing Units -Number, Location, Bedrooms Attachment No. 3: Affordable Housing Note Attachment No. 4: Affordable Housing Deed of Trust Attachment No. 5: Affordable Housing Covenant (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 Attachment No. 2, Attachments No. 9 and Attachment No. 10 to the Housing Agreement will be in the forms attached hereto as Exhibits 'A,' ,Exhibit `B' and 'C,' 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. -18- 9DD87986.2 1-13-09 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date above written. "CITY" CITY OF TUSTIN, ATTEST: a California municipal corporation Pamela Stoker, City Clerk By: William Huston, City Manager or Christine Shingleton, Assistant City Manager APPROVED AS TO FORM: Woodruff, Spradlin & Smart Douglas Holland, City Attorney "DEVELOPER" MARBLE MOUNTAIN PARTNERS, LLC, MOFFETT MEADOWS its sole member, a Delaware limited liability company, PARTNERS, LCC, its administrative member a Delaware limited liability company By: Its: By: Its: ACKNOWLEGMENT AND CONSENT OF ASSIGNEES TO FIRST AMENDMENT The Undersigned, as assignees of portions of the property subject to the Housing Agreement in accordance with the assignment agreements referenced in Recital C hereof, consent to the foregoing amendments and agree to be bound thereby if and the extent such amendments affect the property owned by them. ASSIGNEES: For Lot 4 of Finance and Conveyance Map No. 16857 -19- 90087986.1 9/24/09 TUSTIN COVENTRY, LLC, a California Delaware limited liability company By: Lennar Homes of California, Inc., a California corporation, its managing Member By: Name: Title: For Lots 8, 10 and 12 of Finance and Conveyance Map No. 16857 Lennar Homes of California, Inc, a California corporation By: Name: Title: For Lot 7 of Finance and Conveyance Map No. 16857 William Lyon Homes, Inc., a California corporation By: Name: Title: -20- 90067986.1 9/24/09 EXHIBIT "A" ATTACHMENT 2 TO HOUSING AGREEMENT AFFORDABLE HOUSING PLAN ~ ~ y - ~ ~ - - m ~ ass s i' ,. ~ g § §9 88 8 88 888 a a" s' _ _ g Y g~ Ym~ r ~ '! £ ~ ~n nn ~ n n • - ~+ • n Y ~ x y ~ b! g F E 5! 3! I ~ F! F# F W B s "s s s" ~ nn nn f t' T z~_ ~ z • R 3: ARe ~ 0 a _ = _ $ , $ - ~ - ; ~. . - - ~.... ~ . I . ~ _ ~ ~I~ ~I += * ~ I I I ~~ m I '~ ` ~ ~~ N ' I ?I I I --__°~ 1 - I .r.- /~ _. I ~__ __ ~. 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Y,~ /N N e zNa a -r. ; /~ ~ tln_ ~: ... 8 '~ ~. .n. a ,~ '~yw U F ~•• : ~.. ~CC F ~~ i . _. ~ ~ ~ Cti ~ N ~~ ~ ~ ~~ , ;, pp ,...~ N ~ Np§ N ~ O1- LL ~ -- - ~1 'i ~ Vl ~ ~.r: a G ~ oI , ~ z ;-/~, W ~ ~' ~~YY..,, ~`~ SA Y Yy~l ~a M .-~ ~~ g.r <~,"s ~¢e Jin ~~ [~ tW 2333 uA `i_~ ~ ~_~'~ ~~ ~! ~~ ~= w v 3< Its u^ a O Q o z ~ o U .m 3 a~ ~n ..1 a 0 ~i Income Level BUILDING 1 (TOTAL OF 8 BUILDINGS) -B.T.-1 Plan Bedrooms/Baths Units/Bld No. of Bld s Total Unit Very Low Income Plan 1 1 Bedroom/1 Bath 4 8 32 Low Income Plan 1 1 Bedroom/1 Bath 4 8 32 Low Income Plan 2 2 Bedroom/2 Bath 2 8 16 Moderate Income Plan 2 2 Bedroom/2 Bath 2 8 16 Moderate Income Plan 3 2 Bedroom/2 Bath 3 8 24 Total 15 120 Income Level BUILDING 2 (TOTAL OF 1 BUILDING) - B.T: 2 Plan Bedrooms/Baths Units/Bld No. of eld s Total Unit Very Low Income Plan 1 1 Bedroom/1 Bath 4 1 4 Low Income Plan 1 1 Bedroomll Bath 4 1 4 Low Income Plan 2 2 Bedroom/2 Bath 1 1 1 Moderate Income Plan 2 2 Bedroom/2 Bath 3 1 3 Moderate Income Plan 3 2 Bedroom/2 Bath 3 1 3 Total 15 15 Income Level BUILDING 3 (TOTAL OF 1 BUILDING) -B.T.-3 Plan Bedrooms/Baths Units/Bld No. of Bld s Total Unlt Low Income Plan 1 1 Bedroom/1 Bath 8 1 8 Moderate Income Plan 2 2 Bedroom/2 Bath 4 1 4 Moderate Income Plan 3 2 Bedroom/2 Bath 3 1 3 Moderate Income Plan 4 2 Bedroom/2 Bath 3 1 3 Total 18 18 EXHIBIT "B" ATTACHMENT 9 TO HOUSING AGREEMENT AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF COVENANTS CITY OF TUSTIN OFFtC1AL BUSINESS REQUEST DOCUMENT BE RECORDED AND EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE SECTION 6103 AND 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Tustin 300 Centennial Way Tustin, California 92780 Attention: Redevelopment Agency City Clerk COPY TO: (SPACE ABOVE LfNE FOR RECORllER'S USE ONLY( REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (this "Regulatory Agreement" ) is made and entered into as of 2010, by and between the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California Redevelopment Agency ("Agency") and the CITY OF TUSTIN, a municipal corporation and public body corporate and politic of the State of California (together with any successor of City, the "City") and together with the Agency collectively referred to as "CITY" and Tustin Coventry Seniors, , LLC, a California limited liability company (the "Developer"). The City and Developer are sometimes referred to herein individually as a "Party" and collectively as the "Parties". RECITALS A. Developer and City have entered into that Housing Agreement (Columbus Square) (the "Original Housing Agreement") dated as of June 20, 2005, as amended by that certain First Amendment to the Housing Agreement dated as of , 2010 (as amended, the "Housing Agreement") pursuant to which the Developer is required to construct a certain number of Affordable Housing Units and to provide for the sale and rental of these Affordable Housing [.hits to Senior Citizens at Affordable Rents to Very Low Income Households, Low Income Households and Moderate Income Households. Developer has also obtained site plan and design review approval and a conditional use permit as approved by the Planning Commission by Resolution No. 4134. B. Conditions of the Affordable Housing Agreement, site plan and design review and conditional use permit require the Developer's agreement to enforce certain senior citizen housing and affordable senior housing restrictions. C. Developer owns, or intends to acquire, the real property legally described on Exhibit "A" attached hereto and incorporated herein (the "Property), and to construct improvements (the "Improvements") for a rental housing project on the Property (the "Project") to rriect a portion of its obligations under the Housing Agreement. D. The "Developer" as used in this Agreement shall solely mean Tustin Coventry Seniors, I.LC a California limited liability company, which is the Developer as of the effective date of this Agreement, or following any assignment approved by the City, any assignee of or successor of the Developer's rights, obligations, powers, and responsibilities required by this Agreement. E. In consideration of the City's agreement to support the Project pursuant to the Developer's commitments under the Housing Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Developer now desire to enter into this Regulatory Agreement to set forth their agreement regarding the affordable housing restrictions for the Project and to cause said affordable housing restrictions to run with the land for the benefit of both the Agency and the City. AGREEMENT NOW, THEREFORE, the City and the Developer hereby agree as follows; 1. Definitions Capitalized terms used in this Regulatory Agreement, unless otherwise defined herein (including Exhibit "B" attached hereto), shall have the meanings specified in the Affordable Housing Agreement. 2. Development of the Proiect Site. 2.1 Permits and Governmental Approvals As part of the proposed construction of the Project, prior to any construction requiring a building permit for the Project, the Developer shall obtain all required City approvals, building permits and Design Review application approvals in accordance with the City of Tustin Municipal Code (the "City Code"), the Specific Plan, all Government Requirements and the Housing Agreement. 2.2 Local, State and Federal Law. The Developer shall carry out the construction of the Project in conformity with the Housing Agreement, the City Code, the Specific Plan and all applicable Governmental Requirements. Specifically, and without limiting the foregoing, the _2_ Developer shall at all times comply with all applicable federal and State labor rules including, but not limited to, any applicable prevailing wage requirements under California law. 2.3 Inspections. 2.3.1 During the construction of the Project, the City shall have the right to inspect all Improvements thereto, including but not limited to, dwelling unit interiors and the grounds of the Project for City and/or the State of California (the "State") building, housing and fire code and safety violations. Developer shall correct any such violations within a reasonable period of time after receiving written notice of a violation of any building, housing, fire or safety code applicable to the Project. 2.3.2 Upon completion of the construction work, the City shall have the right to conduct annual inspections of the Project, including the dwelling unit interiors and the grounds of the Project for City and/or State building, housing and fire code and safety and occupancy violations. All rental agreements and contracts executed with the tenants in the Project shall include the right of the City to inspect the interior of the dwelling units upon forty- eight (48) hours notice. The City's Program Administrator ("Program Administrator") agrees to use its best efforts to cause representatives of City to coordinate annual inspections in conjunction with annual inspections by other agencies. 2.4 Time Limit for Construction. All Improvements on the Project shall be completed to the satisfaction of the Program Administrator in accordance with the Schedule of Performance which is attached as Exhibit C this Agreement, as may be modified by Program Administrator and Developer from time to time. The City may at its sole discretion, upon written request from the Developer, extend the times specified in the Schedule of Performance as evidenced by written notice and response from the Program Administrator. 3. Covenants Related to Affordable Housinu. The Developer, for itself, its successors, its assigns and every successor in interest to the Property, hereby agrees, represents, warrants and covenants as follows: 3.1 Use of Very Low Income Low Income and Moderate Income Senior Citizen Units. Developer shall construct on the Property a 240 unit Senior Citizen independent living rental housing Project. The Project shall include not less than 36 Very Low Income Units, 61 Low Income Units and 56 Moderate Income Units to be rented to, occupied by, or held available only for rental to Senior Citizens in Very Low Income Households, Low Income Households and Moderate Income Households at an Affordable Rent subject to the age and occupancy restrictions contained in this Section 3 and the Housing Agreement. The remaining 88 units in the Project shall be rented at market rates to Senior Citizens with no restrictive covenants on rental rates. 3.2 Identification of Affordable Housing Units• During the Qualified Project Period, occupancy of the Very Low Income Units, Low Income Units and Moderate Income Units shall -3- be dispersed throughout the Project in a manner approved by the City in order to avoid concentration of Very Low Income Units, Low Income Units and/or Moderate Income Units. The Very Low Income Units, Low Income Units and Moderate Income Units shall be allocated among the units as follows: Affordable Housing Unit Types Very Low Income Units Low Income Units Moderate Income Units Studio Units 1 Bedroom Units 36 44 2 Bedroom Units 17 56 3 Bedroom Units Totals 36 61 56 3.3 Renting Limited to Very Low Income Households Low Income Households and Moderate Income Households. The Affordable Housing Units shall be rented to eligible and qualified Very Low Income, Low Income and Moderate Income Households in accordance with the following terms: 3.3.1 Developer may not charge rent for an Affordable Housing Unit in excess of an Affordable Rent for such Affordable Housing Unit. 3.3.2 Only one qualified household shall be pennitted to occupy and reside in a unit at any one time and said unit shall be used as the principal residence of the qualified household during the term of any lease and for no other purpose. A qualified household shall not lease or sublease the unit or its right of occupancy. 3.3.3 The number of persons permitted to occupy the Affordable Housing Unit shall not exceed the occupancy permitted pursuant to the general requirements of the United States Department of Housing and Urban Development, which as the date of this Agreement is two persons per bedroom, plus one person (i.e., for a two bedroom unit the maximum number of persons residing in the unit can be five persons). 3.3.4 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 Unit becomes available for renting, by renting the units to Very Low Income Households, Low Income Households and Moderate Income Households as applicable to such units. Should multiple tenants be equally eligible and qualified for a Very Low Income Unit, Low Income Unit or Moderate Income Unit, Developer shall lease available units to such eligible tenants on a first-come, first-served, and non-discriminatory basis. Developer shall notify the Program Administrator of any Affordable Housing Unit that either (a) fails to be leased within thirty (30) days after the issuance of a certificate of occupancy for the unit to a Very Low Income Household, Low Income Household or Moderate Income Household, as may -4- be applicable (the "Initial Leasing Period"), or (b) becomes available as a result of tenant vacation of the premises. 3.3.5 Developer shall create and maintain an "interest list" which includes all those potential Senior Citizen tenants who have expressed an interest in leasing a unit within the Project. The interest list shall designate whether a potential Senior Citizen tenant is in a Very I.~OW Income Household, Low Income Household or Moderate Income Household. The interest list shall clearly designate whether such potential tenant will be receiving rental assistance under the U.S. Department of Housing and Urban Development (HUD) Section 8 program. 3.3.6 An Affordable Housing Unit that either (a) fails to be leased within the Initial Leasing Period to 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 Senior Citizen tenant in accordance with the following procedure: 3.3.6.1 Developer shall make a reasonable effort to contact eligible and qualified prospective Senior Citizen tenants listed on the "interest list" created in Subsection 3.3.5 above, and Developer shall lease available units to such eligible tenants on a first-come, first-served, basis; 3.3.6.2 Each such eligible and qualified prospective Very Low Income Household(s), Low Income Household(s), or Moderate Income Household(s) shall have five (5) business days after being contacted by Developer to notify Developer of the tenant's intent to accept the unit, and must thereafter execute a lease for the unit within seven (7) days of such acceptance; 3.3.6.3 Failure of the eligible and qualified prospective Very Low Income Household(s), Low Income Household(s), or Moderate Income 1-Iousehold(s) to timely notify Developer of accepting the unit or to thereafter timely execute a lease for the unit, shall be deemed a rejection of the unit, and Developer may seek other eligible tenants as set forth in Subsections 3.3.6 and 3.3.7 and following. 3.3.7 In the event the "interest list" maintained by Developer as provided in Section 3.3.5 does not include a prospective Senior Citizen 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 in Subsections 3.3.6, then 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. 3.3.8 Senior Citizens who are in Very Low Income Households, Low Income Households or Moderate Income Households who occupy Affordable Housing Units at the expiration of the Qualified Project Period and who qualify as Very Low Income Households, Low Income Ilouseholds or Moderate Income Households on such date shall be permitted to continue to occupy those Affordable Housing Units for a period of one (1}year, beginning on the first day after the expiration of the Qualified Project Period; provided, however, that (i) -5- 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 five percent (5%) or (ii) the 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. 3.3.9 The Developer agrees to provide to Very Low Income Households, Low Income Households and Moderate Income Households within the Project notice of all rent increases pursuant to all applicable Governmental Requirements, including rules and regulations of the State of California. 3.4 Rental Rates. Rental rates for all Affordable Housing Units to which this Regulatory Agreement is applicable shall not exceed the higher of following: 3.4.1 The "Affordable Rent" for Very Low Income Households, Low Income Households aild Moderate Income Households shall be as defined in Exhibit "B"; or 3.4.2 If the Senior Citizen in a Very Low Income 1-Iousehold or Low Income Household receives a federal or State rental subsidy and that Very Low Income Household or Low Income Household pays as a contribution toward rent no more than 30% of the household's adjusted income, then the maximum rent (i.e., tenant contribution plus any rental subsidy) is the fair market rent (FMR) allowable under the federal or State rental subsidy certificate or voucher program. "I'o obtain the maximum monthly rent that may be charged to a qualified Tenant that is subject to this limitation, the Developer shall multiply the annual adjusted income of the qualified Tenant by 30 percent (30%) and divide by 12 and, if applicable, subtract a monthly allowance for any utilities and services (excluding telephone) to be paid by the tenant to be used in calculating the maximum rent allowed under this Subsection 3.4. 3.5 Voucher Holders. No Very Low Income Unit or Lower Income Unit 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 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. 3.6 Rent Schedule and Utility Allowances. The Program Administrator shall annually review, at Developer's sole cost, and approve rents proposed by the Developer for the Very Low Income Units, Low Income Units and Moderate Income Units to determine that the Developer has properly applied the restrictions contained in this Section 3 and shall provide the Developer with a schedule establishing the monthly allowances for utilities and services to be paid by the Very Low Income Households, Low Income Households and Moderate Income Households who occupy the Affordable Housing Units. The Developer shall re-examine the income of each tenant household living in the Affordable Housing Units at least annually. The maximum monthly rent shall be recalculated by the Developer and reviewed and approved by the Program Administrator annually, and may change as changes in the applicable gross rent -6- 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 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 sixty (60) days prior written notice to affected tenants before implementing any increase in rents. 3.7 Increases in Tenant Income. 3.7.1 If, as a result of the annual re-examination of incomes required pursuant to Subsection 3.10.2, the Developer determines that a household that qualified as a Very Low Income Household for purposes of Section 3.3 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 Senior Citizen Units, and the Developer shall lease the next available Lower Income Senior Citizen Unit or Moderate Income Senior Citizen Unit to a Very Low Income Household at the rent permitted under Section 3.3. 3.7.2 If, as a result of the annual re-examination of incomes required pursuant to Subsection 3.10.2, the Developer determines that a household that qualified as a Very Low Income Household for purposes of Section 3.3 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 Senior Citizen Units, and the Developer shall lease the next available Moderate Income Senior Citizen Unit to a Very Low Income Household at the rent permitted under Section 3.3. 3.7.3 If, as a result of the annual re-examination of incomes required pursuant to Subsection 3.10.2, the Developer determines that a household that qualified as a Low Income Household for purposes of Section 3.3 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 Households, and the Developer shall lease the next available Moderate Income Unit to a Low Income Household at the rent permitted under Section 3.3. 3.7.4 If, as a result of the annual re-examination of incomes required pursuant to Subsection 3.10.2, the Developer determines that a household that qualified as a Very Low Income Household, Low Income Household or Moderate Income Household for purposes of Section 3.3 above, no longer is a Very Low Income Household, Low Income Household or Moderate Income Household, then the Developer may require that household to pay the fair market rent, and the Developer shall lease the next available apartment unit in the Project to a Very Low Income Household, Low Income Household or Moderate Income Household (whichever class of tenant the original Affordable Housing Unit was to be rented to) at the Affordable Rent for such Very Low Income Household, Low Income Household or Moderate Income Household. Such next available apartment unit shall then be deemed to be a Very Low Income Unit, Low Income Unit or Moderate Income Unit, as the case may be, subject to the provisions of this Section 3, and the previous unit shall no longer be subject to the provisions of this Section 3. -7- 3.7.5 Notwithstanding the foregoing provisions, it is the intent of this 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 3.2. In the event the foregoing provisions result in an allocation of Affordable Housing Units different from that provided in Section 3.2, Developer shall lease the next available Affordable Housing Unit to a Very Low Income Household, Low Income Household or Moderate Income Household, as the case may be, in order to correct the allocation. 3.8 Minimum Rents. Notwithstanding the other provisions of this Section 3, 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 Very Low Income Unit, Low Income Unit or Moderate Income Unit had the determination of maximum rent been made on the date the City and Developer entered into this Regulatory Agreement. 3.9 Tenant Protections. 3.9.1 Rental Agreement. 'The rental agreement between Developer and a Very Low Income Household, Low Income Household or Moderate Income Household must be for not less than one year, unless the Program Administrator provides prior written approval, and may not contain any of the following provisions: 3.9.1.1 Any agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the Developer in a lawsuit brought in connection with the lease. 3.9.1.2 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 such personal property in accordance with applicable State law, 3.9.1.3 Any agreement by the tenant not to hold the Developer or its agents legally responsible for any action or failure to act, whether intentional or negligent. 3.9.1.4 Any agreement of the tenant that the Developer may evict the tenant or household members without notice to the tenant. 3.9.1.5 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. 3.9.1.6 Any agreement by the tenant to waive any right to a trial by jury. 3.9.1.7 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. -s- 3.9.1.8 Any agreement by the tenant 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. 3.9.2 Termination of Tenancy. Developer may not terminate the tenancy or refuse to renew the lease of a Very Low Income Household, Low Income Household or Moderate Income Household 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. 3.10 Verb Low Income Low Income and Moderate Income Senior Citizen Tenants; Records and Reports. The Developer hereby represents, warrants and covenants as follows: 3.10.1 Within thirty (30) days after the date on which at least fifty percent (50%) of the dwelling units in the Project are first occupied, the Developer shall execute and deliver to the 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 Program Administrator. The Developer shall record a copy of such certificate in the Official Records. 3.10.2 The Developer shall obtain, complete and maintain on file Verifications of Income and age qualification, in the form provided by Program. Administrator, from each Very Low Income Household, Low Income Household and Moderate Income Household, including (i) a Verification of Income and Age 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 which must be dated as of June 1st of each year, or such other date as may be mutually agreed upon by the Program Administrator and the Developer, and in no event less than once in every twelve-month period following each Very Low Income Household's, Low Income Household's and Moderate Income Household's occupancy of a Unit in the Project. 3.10.3 A copy of the most recent Verification of Income and Senior Citizen age qualification for Very Low Income Household, Low Income Household and Moderate Income Household commencing 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 Program Administrator, which is to be filed with the Program Administrator no later than the fifteenth (15`") day of each month following the receipt by the 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 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 day of the sixth month of each calendar year until the end of the Qualified Project Period. -9- 3.10.4 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 qualification information is accurate by taking the following steps, as a part of the verification process: (1) obtain copy of Birth Certificate or other evidence of tenant's qualifying age acceptable to the Program Administrator; (2) obtain pay stubs for the most recent one-month period, and; (3) obtain income W-2 Wage and Earning Statements and tax returns for the most recent tax year; alternatively, if determined appropriate for the tenant's situation the following may be submitted (a) 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 (b} 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. 3.10.5 The Developer will maintain complete and accurate records pertaining to the Very Low Income Units, Low Income Units and Moderate Income Units and will permit any duly authorized representative of the City, without limitation, 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. 3.10.6 The Developer will prepare and submit to the Program Administrator no later than the first day of the sixth 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: 3.10.6.1 The number of the dwelling units of the Project which were occupied, pursuant to Section 3.1 above, by Very Low Income Households, Low Income Households and Moderate Income Households during such period and such other 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 3.10.6.2 A statement that either (i) no unremedied default has occurred under this Regulatory Agreement or (ii) 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. 3.10.7 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 and Senior Citizen 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 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 is subject to annual verification in accordance with Section 10.2, and that, if upon review of any such verification, the tenant's income exceeds the then applicable income limit for a Very Low Income, Low Income or Moderate Income Household, such tenant shall cease to qualify as a -~o- Low Income Household, Low Income Household, or Moderate Income I-Iousehold and, as a consequence, said Tenant's lease shall be subject to termination on such prior notice as the Program Administrator deems reasonable. 3.10.8 Local Workforce Housing Preference Policy. In marketing and renting units to Very Low Income, Low Income and Moderate Income Senior Citizen Tenants, the Developer shall establish a priority system that ensures that prospective rental applicants who are currently employed in or currently residing in the City of Tustin have priority over an applicant that does not currently reside or is not employed in the City of Tustin (hereinafter referred to as the "Local Preference Policy", adopted by the Tustin City Council on November 6, 2007). To qualify for the Local Preference, Developer shall require an applicant to demonstrate a minimum of six months of current employment or current residency in Tustin. The Developer shall refer to the Local Preference Policy for detailed information required to be submitted by Developer for verification of residency and local employment and to ensure Developer's compliance with the Local Preference Policy. 3.11 Termination of Affordable Housing Covenants. The provisions of this Section 3 shall terminate in their entirety at the end of one year following the expiration of the Qualified Project Period. 4. Non-Discrimination Covenants. The Developer for itself, its successors, its assigns and every successor in interest to the Project Site or any part thereof jointly and severally, hereby represents, warrants and covenants as follows: 4.] O_bliQation 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 Project Site or any portion thereof, nor shall the 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 of the Project Site or any portion thereof. All deeds, leases or contracts shall contain or be subject to substantially the following non-discrimination or non-segregation clauses: 4.1.1 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. "I'he foregoing covenants shall run with the land." 4.1.2 In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: "'That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." 4.1.3 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, nor shall the transferee 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 of the land." 5. Maintenance of the Project. The Developer and its successors and assigns shall maintain at their cost the Property as follows: S.l Minimum Standards. Prior to construction of any units on the Property, the Property shall at all times be maintained in a clean and weed-free condition, reasonably free from any debris and waste materials. 5.2 During., Construction. From the date upon which construction begins of any Improvements until issuance of a completion certificate for any such Improvements, the Developer and its successors and assigns shall maintain the Property and Improvements under construction consistent with best construction industry practice. 5.3 Following Construction 5.3.1 Upon completion of construction of the Improvements, the Housing Agreement and this Agreement on the Property, the Developer, its successors and assigns shall maintain the Improvements in the same aesthetic and same condition or better as the condition of such Improvements at the time the City issues a Certificate of Compliance, reasonable wear and tear excepted. The standard for the quality of maintenance of the Project Improvements required by this Section 5.3.1 shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include: (i) maintenance, repair and replacement on a regular schedule, consistent with like developments in Orange County, of private streets, roads, drives, bike paths, alleyways, sidewalks, utilities (except to the extent owned or controlled by a utility franchisee) common areas, landscaping, hardscaped areas and fountains; (ii) frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., -12- as necessary; (iii) emptying of trash receptacles and removal of litter; (iv) regular sweeping of roadways and sidewalks throughout the Property; (v) fertilizing and replacing vegetation as necessary; (vi) cleaning windows on a regular basis; (vi) painting the buildings on a regular program and prior to the deterioration of the painted surfaces; (vii) conducting roof inspections on a regular basis and maintaining roofs in a leak-free and weather-tight condition. 5.3.2 Upon completion of construction of Improvements as provided in the Eiousing Agreement and this Agreement on the Property, Developer shall maintain, repair and replace all or any portion of the Improvements as may be required to maintain the Improvements in a high quality condition. All Improvements repaired or replaced under this Subsection 5.3.2 shall be repaired or replaced with materials, apparatus and facilities of quality at least equal to the quality of the materials, apparatus and facilities identified for the Improvements under the Regulatory Agreement. 5.3.3 Developer's obligations to maintain the Improvements as provided in this Section 5.3 shall include, but not be limited to, the following: 5.3.3.1 Maintaining all paved surfaces, including streets, drives, parking areas and curbs of the common areas in a smooth and evenly covered condition, which maintenance work shall include without limitation, cleaning, sweeping, re-striping, repairing and resurfacing of the paved surfaces using surface material of an appearance and quality equal or superior to the materials installed under the DDA and this Regulatory Agreement; 5.3.3.2 Removal of all papers, debris, filth and refuse, and washing and sweeping the common areas to the extent necessary to keep the Project Site in afirst-class, clean and orderly condition, and washing down and/or cleaning all hard surfaces including brick, metal, concrete, glass, wood and other structural members as required; 5.3.3.3 Operating, keeping in repair, cleaning and replacing and/or re- ballasting all common area lighting fixtures, equipment and facilities as may be reasonably required, including all lighting necessary or appropriate for the Project Site and Project Improvements, security and exterior lights intended to illuminate the Project Site and Project Improvements; 5.3.3.4 Cleaning and maintaining all landscaped areas, including landscape planting areas, lawn areas and planters around and adjacent to exterior walls of buildings, repairing automatic sprinklers, weeding, pruning, fertilizing and making replacement of shrubs and other landscaping as required; and 5.3.3.5 Maintaining, repairing and replacing as necessary any freestanding, monument or pylon signs on the Property. 5.4 Failure to Maintain. In the event the Developer or its successors or assigns fails to maintain the Improvements in accordance with the standard for the quality of maintenance, City representatives or the Program Administrator and its designee shall have the right but not the obligation to enter the Property upon thirty (3Q) days notice to the Developer or its successor -13- or assigns, to correct any violation, and hold the Developer, and/or such successors or assigns, responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the applicable portion of the Property. 5.5 Assignment of Obligation to Maintain. The Developer may, subject to the prior approval of the Program Administrator, which approval shall not be unreasonably withheld, assign the maintenance responsibilities contained herein to the subsequent purchasers of the Property, a portion of the Property, or individual buildings thereon, or to any Homeowners Association to be created, through appropriate covenants, conditions and restrictions to be recorded against one or more Parcels, upon which assignment the Developer shall have no further liability under this Section 5. 6. Sale or Transfer of the Project. The Developer hereby covenants and agrees not to voluntarily sell, transfer or otherwise dispose of the Property, or any portion thereof (other than for individual tenant use as contemplated hereunder), without obtaining the prior written consent of the Program Administrator. It is hereby expressly stipulated and agreed that any sale, transfer or other disposition of the Property in violation of this Section 6 shall be null, void, and shall be ineffective to relieve the Developer of its obligations under the Housing Agreement and this Regulatory Agreement. Any transfer of the Project to any entity, whether or not affiliated with the Developer, shall be subject to the provisions of this Section 6. The provisions of this Section 6 shall terminate in their entirety at the end of one year following the expiration of the Qualified Project Period. 7. Term. This Regulatory Agreement and all and each of the provisions hereof shall become effective upon its execution and delivery and shall remain in full force and effect thereafter except as expressly provided herein. It is expressly agreed and understood that the provisions of this Regulatory Agreement are intended to survive the Housing Agreement. 8. Covenants and Restrictions to Run with the Land. 8.1 Developer States that: all covenants and restrictions contained in this Regulatory Agreement are intended to be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by the City, and its respective successors and assigns, against Developer, its successors and assigns, to or of the Property or any portion thereof or any interest therein, and any party in possession or occupancy of said Property or portion thereof. 8.2 The parties acknowledge and agree that all covenants and restrictions contained in this Regulatory Agreement are intended to be covenants running with the land of the entire Property. Without in any way limiting the foregoing, each of the parties hereto shall execute and deliver at their own cost and expense, any and all additional papers, documents, or instruments, and shall do any and all acts and things reasonably necessary or appropriate in connection with -14- the performance of their respective obligations hereunder in order to carry out the intent and purposes of this Regulatory Agreement. 8.3 In amplification and not in restriction of the provisions set forth hereinabove, Developer specifically states that it is intended and agreed that the City shall be deemed a beneficiary of the agreements, covenants and restrictions herein both for and in its own right and also for the purposes of protecting the interests of the community. All covenants and restrictions without regard to technical classification or designation shall be binding for the benefit of the City, and such covenants and restrictions shall run in favor of City for the entire period during which such covenants and restrictions shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants and restrictions relate. The City shall have the independent right, in the event of any breach of this Regulatory Agreement or covenant or restriction herein, to exercise all the rights and remedies, and to maintain any action at law or suit in equity or other proper proceedings to enforce the curing of such breach of this Regulatory Agreement or covenants or restrictions. 8.4 The City and its successors and assigns, and Developer and the permitted successors and assigns of Developer in and to all or any part of the fee title to the Property and the Project, shall have the right upon written agreement signed by both parties to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants or restrictions contained in this Regulatory Agreement without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust, or any other person or entity having any interest less than a fee in the Property or the Project. The covenants and restrictions contained in this Regulatory Agreement, without regard to technical classification shall not benefit or be enforceable by any owner of any other real property within or outside the Property or Project, or any person or entity having any interest in any other such realty. 8.5 No breach of any of the provisions of this Regulatory Agreement shall impair, defeat or render invalid the lien of any Mortgage made in good faith and for value encumbering the Property or Project or any portion thereof. 9. Burden and Benefit. The City and the Developer hereby declare their understanding and intent that the burden of the covenants and restrictions set forth herein touch and concern the Property in that the Developer's legal interest in the Property is rendered less valuable thereby. The Developer hereby further declares its understanding and intent that the benefit of such covenants and restrictions touching and concerning the land is the enhancement and enjoyment and use of the Project by Very Low Income Households, Low Income Households and Moderate Income Households, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which the Housing Agreement was entered into with Developer. -15- 10. Uniformity; Common Plan. The covenants, reservations and restrictions hereof shall apply uniformly to the entire Property in order to establish and carry out a common plan for the use, development and improvement of the Project Site. 11. Default Enforcement. 11.1 Default. Developer shall be in Default under this Regulatory Agreement if any of the following occur: 11.1.1 A Default occurs under the Housing Agreement as it relates to the Property; 11.1.2 A Default occurs under any deed of trust or mortgage against the Property; 11.1.3 The Developer or its successor in interest fails to perform fully any of its obligations set forth in this Regulatory Agreement within thirty (30) days following receipt of written notice regarding such other default; provided, that if such failure is capable of being remedied but not capable of being remedied within thirty (30) days, then the defaulting party shall have an additional period of time within which to remedy such failure, not in any event to exceed sixty (60) days. The failure of a City representative or the Program Administrator to notify Developer or its successor in interest of any such default shall not be deemed a waiver of the default, and the City shall have no obligation to notify the defaulting party of the default. 11.2 Remedies. Following a Default described in Subsection 11.1, the City may pursue all of its rights and remedies set forth in the Housing Agreement or this Regulatory Agreement or otherwise available at law, in equity or by statute. The City's rights and remedies shall be cumulative and no one of such rights and remedies shall be exclusive of any of the others, or of any right or remedy at law or in equity which the City might otherwise have by virtue under this Agreement and the exercise of one such right or remedy by the City shall not impair the City's standing to exercise any other right or remedy. The parties agree that this Regulatory Agreement may be specifically enforced: 11.2.1 In the event of a Default by the Developer or its successor in interest, under any mortgage or deed of trust, the City shall have the right, but not the obligation, to perform the unperformed obligations at the expense of Developer, and all expenditures by City to cure such default shall accrue interest from the date such sums are actually spent by City at a default rate equal to the then "prime rate" specified by Wells Fargo Bank or its successor plus three percent (3%), but not in excess of such rate as may be permitted under applicable law. Payment shall be made by Developer to City within thirty (30) days after written request thereof. If payment is not made by Developer within thirty (30) days after such demand is made then City shall have the right to add such amount, to any sums then due or thereafter becoming due from Developer under the this Regulatory Agreement. In addition, the amount due to the City shall constitute a lien and charge upon the fee interest of Developer to Property and City shall have the right to record a notice (a "Delinquency Notice") against the Property, which states the amount due from the Developer. The aforesaid lien shall attach immediately upon recordation of the -16- Delinquency Notice. A copy of the Delinquency Notice shall be delivered to Developer pursuant to Section 14.4. The lien may be foreclosed by appropriate action in court or in the manner prescribed law. Upon such event, the Developer shall be required to pay all attorney fees and costs and expenses of City in connection with the preparation, recordation and foreclosure of such lien. Any such lien shall be prior to all encumbrances, liens, or charges on the Property except (a) taxes which are by law prior thereto; (b) the rights of tenants pursuant to bona fide leases; and (c) any permitted mortgage and advances thereunder made in good faith and for value and recorded prior to the Delinquency Notice. The transfer of the Property shall not affect the aforesaid lien. 11.2.2 Non-Complying Affordable Housing Units. In addition to and without limitation of any other rights and remedies set forth in this Regulatory Agreement or otherwise available to any party legally entitled to enforce this Regulatory Agreement, if a Default with respect to Section 3 occurs, and (i) if the Default is not cured within thirty (30) days after notice by City is provided to Developer, or (ii) if such Default cannot reasonably be cured within the thirty (30) day period and Developer has not commenced the curing of such Default, or if Developer is not otherwise diligently prosecuting such cure to completion, then City shall have the right to lease and Developer shall lease to City on demand for a rental of $1.00 per Unit per year any and all of the "Non-Complying Affordable Housing Units" at such time as the Non- complying Affordable Housing Unit(s) is vacated. Notwithstanding any term or condition of the lease under which the City leases aNon-Complying Affordable Housing Unit pursuant to this Subsection 11.2, Developer hereby consents to and grants City the right to assign such lease or sublet such Unit(s) to a Very Low Income Household, Low Income Household or Moderate Income Household at the Affordable Rent for Very Low Income Unit(s), Low Income Unit(s) or Moderate Income Unit(s), or to any non-profit housing provider qualified as a 501 (c)(3) entity under the Internal Revenue Code (a "Provider") in the community for $1.00 per year. The assignment or sublet to a Provider shall be on the condition that such Provider subleases such Affordable Housing Unit(s), or assigns such lease(s) to a Very Low Income Household, Low Income Household or Moderate Income Senior Citizen Tenant at the Affordable Rent. If the City assigns or sublets to any Provider, notwithstanding any term or condition of the lease between the Developer and the City, the Developer hereby consents to and grants such Provider the right to assign such lease or sublet such Affordable Housing Unit to any Very Low Income Household, Low Income I-Iousehold or Moderate Income Household at an Affordable Rent. If the City leases any Affordable Housing Unit(s) or a Provider subleases any Affordable Housing Unit(s) or is the assignee of any lease(s) from the City, the City or Provider, as the case may be, to the extent necessary to ensure compliance with Section 3 hereof, shall sublease such Assisted Unit(s) or assign such lease(s) to any Very Low Income Household, Low Income Household or Moderate Income Household at the Affordable Rent. Any rent paid under such a sublease or assignment shall be paid to the Developer after the City or Provider, as the case may be, has been reimbursed for any reasonable expenses incurred by it in connection with exercising the rights and remedies set forth in this Subsection 11.2.2; provided however, if the Developer is in Default under any Permitted Mortgage representing Senior Obligations, the Deeds of Trust and/or any other City approved encumbrance under the DDA in connection with the financing of the Property or any Improvements thereon, such rent shall be paid to the parry legally entitled thereto under the terms of the applicable loan. -17- 12. Recording_and Filing. The Developer shall cause this 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. 13 . Indemnification Developer shall defend, indemnify and hold harmless City and their respective officers, officials, agents, employees, representatives, and volunteers from and against all loss, damage, costs, expenses, liability, claim or judgment relating in any manner to Developer performance under this Agreement, except to the extent cause by the sole gross negligence or willful misconduct of City. 14. Miscellaneous. 14.1 Governing. Law. This Regulatory Agreement shall be governed by, interpreted under, construed and enforced in accordance with the laws of the State of California. 14.2 Amendments This Agreement shall be amended only by written instrument executed by the parties hereto, or their successors in title and duly recorded in the Official Records. 14.3 Waiver. No waiver of any provision or consent to any action under this Regulatory Agreement shall constitute a waiver of any other provision or consent to any other action, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit a party to provide a waiver in the future except to the extent specifically set forth in writing. Any waiver given by a party shall be null and void if the party requesting such waiver has not provided a full and complete disclosure of all material facts relevant to the waiver requested. 14.4 Notices. All notices, demands, consents, requests and other communications required or permitted to be given under this Regulatory Agreement shall be in writing and shall be deemed conclusively to have been duly given (a) when hand delivered to the other party; (b) three (3) business days after such notice has been sent by United States mail via certified mail, return receipt requested, postage prepaid, and addressed to the other party as set forth below; or (c) the next business day after such notice has been deposited with a national overnight delivery service reasonably approved by the parties (Federal Express and Airborne Express are deemed approved by the parties), postage prepaid, addressed to the party to whom notice is being sent as set forth below with next-business-day delivery guaranteed, provided that the sending party receives a confirmation of delivery from the delivery service provider. Unless otherwise provided in writing, all notices hereunder shall be addressed as follows: -18- Developer: Tustin Coventry Seniors, LLC Attention: John Huskey 1640 Sepulveda Blvd. Suite 425 Los Angeles, CA 90025 City: City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: Assistant City Manager With copy to: Clay Gantz Special Counsel Manatt, Phelps & Phillips, LLC One Embarcadero Center, 30`" Floor San Francisco, CA 94111 Douglas Holland City Attorney Woodruff, Spradlin & Smart 555 Anton Blvd. Suite 1200 Costa Mesa, California 92626 14.5 Severability. Any provision of this Regulatory Agreement that is deemed to be illegal, invalid or unenforceable by an arbitrator or court of competent jurisdiction shall be ineffective to the extent of the invalidity or unenforceability of such provision and shall be deemed stricken from this Regulatory Agreement. Any stricken provision shall not affect the legality, enforceability or validity of the remainder of this Regulatory Agreement. If any provision or part thereof of this Regulatory Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor and intent to the stricken provision as is legally possible. Any such invalidity or unenforceability of any provision in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 14.6 Authorit~g_natories to Re ug latory Agreement. Each person executing this Regulatory Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Regulatory Agreement on behalf of the parties for which execution is made. Each party represents and warrants to the other that the execution of this Regulatory Agreement and the performance of such party's obligations hereunder have been duly authorized and that the agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. -19- 14.7 Consent to Jurisdiction. The parties hereto agree that all actions or proceedings arising in connection with this Regulatory Agreement shall be tried and litigated exclusively in the state and federal courts located in the County of Orange, State of Califomia. This choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between or among the parties with respect to or arising out of this Regulatory Agreement in any jurisdiction other than that specified in this Section. Each party hereto waives any right that it may have to assert the doctrine forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section, and stipulates that the state and federal courts located in the County of Orange, State of California, shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy or proceeding arising out of this Regulatory Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this section by means of registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Regulatory Agreement, or in the manner set forth in the section of this Regulatory Agreement pertaining to notice. Any final judgment rendered against the party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. 14.8 Recitals. The recitals set forth at the beginning of this Regulatory Agreement of any matters or facts shall be conclusive proof of the truthfulness thereof and the terms and conditions set forth in the recitals, if any, shall be deemed a part of this Regulatory Agreement. 14. 9 Captions. All captions, titles or headings of the articles, sections, paragraphs or subparagraphs of this Regulatory Agreement are inserted solely as a matter of convenience of the parties hereto, and for reference, shall not be deemed to be a part of this Regulatory Agreement, and shall not define, limit, extend or describe the scope of this Regulatory Agreement nor be used or construed in the interpretation or determination of the validity of this Regulatory Agreement or any provision hereof. IN WITNESS WHEREOF, the City of Tustin and the Developer have executed this Regulatory Agreement and Declaration of Restrictive Covenants by duly authorized representatives, all as of the date first written above. -20- CITY OF TUSTIN: Dated: APPROVED AS TO FORM By: Doug Holland, City Attorney By: Clay Gantz, Special Tustin Counsel By: William A. Huston, City Manager TUSTIN COMMUNITY REDEVELOPMENT AGENCY By: William A. Huston Executive Director -21- EXHIBIT A LEGAL DESCRIPTION PROJECT SITE "That certain real property located in the City of Tustin, County of Orange, State of California, and legally described as follows: Lot 26S of Tract No. 16581, in the City of Tustin, County of Orange, State of California, as shown on the map recorded in Book 877 Pages 33 through 50 inclusive Miscellaneous Maps, in the office of the county recorder of Orange County. Excepting therefrom all oil, oil rights, mineral rights, natural gas rights, and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining or exploring and operating therefore and storing in and removing same from said land or any other land, including the right to whipstock or directionally drill or mine from lands other than those hereinafter described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines without, however, the right to drill, mine, store, explore or operate through the surface or the upper 500 feet of the subsurface of the land, as reserved by Moffett Meadows Partners, LLC, by deed recorded July 2S, 2005 as Instrument Nos. 200SOOOS90846, 2005000591024 and 2005000591381, all of Official Records. EXHIBIT B GLOSSARY OF DEFINED TERMS For purposes of this Regulatory Agreement, the following initially capitalized terms shall mean the following: "Act" means Chapter 8 (commencing with Section 33750) of Part 1 of Division 24 of the Health and Safety Code of the State of California, as amended. "Affordable Housing Agreement" shall mean the agreement entered into between the Developer and City as required by the Housing Agreement which identified specific restrictions to insure affordability of rental and for-sale Affordable Housing Units at Tustin Legacy and as required by the Regulatory Agreement. "Affordable Housing Units" means the units to be rented to, occupied by or held available for Very Low, Lower or Moderate Income Households at an Affordable Rent as described in Section 3 and in the Regulatory Agreement. "Affordable Rent" shall mean for any for-rent Affordable I-lousing Unit, a maximum monthly rent or lease price that does not exceed the Affordable Rent for a Very Low Income Household, a Low or Lower Income Household, or a Moderate Income Household, as specifically applicable. The Affordable Rent 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 Units," as more particularly defined in Health and Safety Code Section 50053 (b)(2j and as generally described herein as a monthly rent which does not exceed one-twelfth of the product of thirty percent (30%) times fifty percent (50%) of the annual Orange County Median Income, adjusted for family size appropriate for the unit, including a reasonable utility allowance. (b) For "Low or Lower Income Units," as more particularly defined in Health and Safety Code Section 50053 (b)(3) and as generally described herein as applicable to those low income or Lower Income Households whose gross incomes exceed the maximum income for Very Low Income Households as the product of thirty percent (30%) times sixty percent (60%) of the annual Orange County Median Income, adjusted for family size appropriate for the units, including a reasonable utility allowance. (c) For "Moderate Income Units," as more particularly defined in Health and Safety Code Section 50053 (b)(4), and as generally described herein as the product of thirty percent (30%) times one hundred and ten percent (110%) of the annual Orange County Median Income adjusted for family size appropriate for the units, including a reasonable utility allowance Notwithstanding the foregoing, in accordance with Health and Safety Code Section 50053 (b) (4), the City has determined and hereby agrees that, for a Moderate Income Household with annual gross incomes that exceed one hundred and 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. "Certificate of Continuing Program Compliance" means the annual report of occupancy for the Affordable Housing Units including the verification of income provided by Developer to Agency as described in Section 3.10.6 hereof or such other form as may be prescribed by the Agency. "Completion Certificate" means the notice of completion of construction filed by Developer, a copy of which shall also be concurrently delivered to the City and Agency by the Developer. ``Developer" means Marble Mountain Partners, LLC, and its permitted successors and assigns. "Gross Income" means as it is defined by California Code of Regulations Title 25, §6914 as the anticipated income of a person or family for the twelve-month period following the date of determination of income. To make the projection, "a 'snapshot' of the household's current circumstances is used to project future income. Today's circumstances should be assumed to continue for the next 12 months unless there is verifiable evidence to the contrary. Income, as defined in §6914, shall include, but not be limited to: 1) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and. bonuses: 2) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); 3) Interest and dividends; 4) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts; 5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (but see subdivision (b)(3)). 6) Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of: a. The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus b. The maximum amount which the public assistance agency could in fact allow for the family for shelter and utilities, 7) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling; and 8) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the family or spouse (but see subdivision (b)(5)). The following items, as defined in §6914, shall not be considered as gross income: 1) Casual, sporadic and irregular gifts (includes casual, sporadic and irregular income under this exclusion); 2) Amounts which are specifically for or in reimbursement of the cost of medical expenses; 3) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses; 4) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to included in income; 5) The special pay to a serviceman head of a family away from home and exposed to hostile fire; 6) Relocation payments made pursuant to federal, state, or local relocation law; 7) Foster child care payments 8) The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible household; and 9) Payments received pursuant to participation in the following volunteer programs under the ACTION Agency: a. National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs. b. National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of F,xecutives (ACE). "Low Income or Lower Income Household" means Senior Citizen households whose annual gross incomes do not exceed eighty percent (80%) of the annual Orange Median Income with adjustments for smaller and larger families. The determination of a tenant's status as a Low or Lower Income Household shall be made by the Developer upon initial occupancy of a unit in the Project by such tenant and annually thereafter on the basis of a Verification of Income executed by the tenant. "Improvements" means those Project Improvements described in Housing Agreement on the Project Site and included in Approved Plans (the Scope of Development). "Low or Lower Income Units" means the units in the Project required to be rented to, occupied by, and held available for Low or Lower Income Tenants in accordance with the Affordable Housing Agreement and this Regulatory Agreement. "Moderate Income Household" means Senior Citizen households whose annual gross incomes do not exceed one hundred and twenty percent (120%) of the annual Orange County Median Income with adjustments for smaller and larger families. The determination of a tenant's status as a Moderate Income Household shall be made by the Developer upon initial occupancy of a unit in the Project by such tenant and annually thereafter, on the basis of a Verification of Income executed by the tenant. "Moderate Income Units" means the units in the Project required to be rented to, occupied by, or held available for Moderate Income Households in accordance with the Affordable Housing Agreement and this Regulatory Agreement. "Non-Complying Assisted Units" shall mean an Affordable Housing Unit which is occupied and/or leased in violation of Section 3 of the Restriction (excluding the units leased by any Eligible Tenant who loses eligibility between certification dates). Determination of such a violation may be based on information provided in the Annual Report or determined by City in its reasonable discretion based on information otherwise available to it. "Orange County Median Income and AMI" means the median family income for the Orange County Primary Metropolitan Statistical Area as most recently established by official annual publication of the Federal Department of Housing and Urban Development as published, modified and released by the State Department of Housing and Community Development. "Permitted Mortgage (Permitted Mortgagee)" means Developer's interim and permanent financing loan(s) for acquisition, development, and construction, as may be approved by the City for the entire property and secured by a First Deed of Trust(s). "Project" means Project Site and Improvements including structures and related buildings and other Improvements to be constructed on the Project Site and all fixtures and other property owned by the Developer and located on, or used in connection with, such buildings, structures as described in the Scope of Development. "Project Site" means the real property legally described on Exhibit "A", which is attached hereto and by this reference incorporated herein, and all rights and appurtenances thereunto appertaining. "Senior Citizen" means persons age 55 and older. "Qualified Project Period" means the period beginning on the first day on which at least 50% of the residential units in the Project are completed and first occupied and ending on the date which is fifty-five (55) years after the date on which at least 50% of the residential units in the Project are completed and first occupied. "Verification of Income and Age Qualification" means the documentation obtained by the Developer from the Very Low Income Households, Lower Income Households and Moderate Income Households of the Verification of Income and age qualification described in Section 3.10 hereof or such other form as may from time to time be provided by the City to the Developer. "Very Low Income Household" means very low income Senior Citizen households whose gross annual incomes do not exceed fifty percent (50%) of the Orange County Median Income with adjustments for smaller and larger families. The determination of a tenant's status as a Very Low Income Household shall be made by the Developer upon initial occupancy of a unit in the Project by such tenant and annually thereafter, on the basis of a Verification of Income executed by the tenant. "Very Low Income Senior Citizen Units" means the units in the Project required to be rented to, occupied by, or held available for Very Low Income Households in accordance with the Housing Agreement and this Regulatory Agreement. EXHIBIT C SCHEDULE OF PERFORMANCE Milestones Date Site Acquisition Jan. 2010 General Contractor Selection Jan. 2010 Planning Hearing May 2010 Building Permit Issued June 2010 Construction Start June 2010 Construction Completion Dec. 2011 Placed In Service Jan.12 Occupancy of All Affordable Units July 2012 Occupancy of All Market Rate Dec. 2012 Units STATE OF CALIFORNIA > )ss. COUNTY OF ORANGE ) On ,2010 before me, notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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 "C" ATTACHMENT lU TO HOUSING AGREEMENT MEMORANDt1M OF AGREEMF..NT FOR FIRST AMENDMENT TO THE HOUSING AGREEMENT MEMORANDUM OF AGREEMENT RECORU[NG REQUESTCD BY ANU WHEN RF..C'ORDED MAIL TO: City of Tustin 300 Centennial Way Tustin, California 92780 Attention: Assistant City Manager No FCC Por reeording requested pursuant to Government Code Sections G 103 end 273$3 MEMORANDUM OF FIRST AMENDMENT TO THF: HOUSING AGREEMENT 1'FIIS MEMORANDUM OF THF, FIRST AMENDMENT TO T'I-IE HOUSING AGREEMEN"I' ("Memorandum of Agreement") is made as of 2010 by and between the CITY OF TUSTIN, a municipal corporation (together with its successors and assigned, the "City"), and MARBLE MOUNTAIN PARTTIERS, 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 HOl7SINC1 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 defiined shall have the meanings ascribed to such terms in the Agreement. 1. Property Affected by the Agreement. 1'he 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 Affordab]e 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 anal 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. I , 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 i.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 tlnits, that remain in effect for the period specified in the Amended Agreement; 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. Public Documents. "1'he documents constituting the Amended Agreement are public documents and may be reviewed at the official offices of the City. Interpretation; Notice. "this Memorandum of Agreement is prepared far 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. TN WI"ITIESS WHEREOF, the parties have signed this Memorandum of Agreement as of the date first set forth above CITY: CITY OF TUSTIN Dated: Bv: William A. Huston, City Manager r1TTEST: Pamela Stoker. City Clerk APPROVED AS TO FORM Bv: Doug Holland, City Attorney By: Clay Gantz, Special Counsel < Additional Signatures follow> "DEVELOPER" MARBLE MOUNTAIN PARTNERS, LLC, MOFFETT MEADOWS its sole member, a Delaware limited liability company, its PARTNERS, LCC, administrative member a Delaware limited liability company By: Its: Bv: 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 >3y: Lennar Homes of California, Inc., a California corporation, its managing Member By: Name: Title: <See additional signature page which follows> For Lots 8, 10 and 12 of Finance and Conveyance Map No. 16857 L,ennar Homes of California, Inc, a California corporation By: Name: Title: For Lot 7 of Finance and Conveyance Map No. 16857 William Lyon Homes, Inc., a California corporation By: Name: Title: Dated: Bv: Bv: STATE OF CALTFOKNIA ) )ss. COUNTY OF ORANGE ) On before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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) Attachment G Summary of Rental Proposal by Lennar dated March 17, 2070 Summary of Rental Prouosal Discussed March 17, 2010 1. The Coventry land, approved by the City as an age-restricted apartment project with "affordable" units ("Coventry"), will not be annexed to the Columbus Square master planned community. 2. No assessments shall be levied by Columbus Square Community Association ("Master Association") against the Coventry property, votes in the Master Association shall not be exercised by the owner of Coventry, and the Coventry Owner will not be a member of the Master Association. 3. The California Department of Real Estate has confirmed in writing that the reasonable range of assessments and votes for an annexed apartment project within a master planned community is 1 vote (and 1 assessment unit) for every 2 or 3 units in the apartment project. However, the Coventry Owner is willing to pay to the Master Association an amount equal to one assessment unit for each rented unit as outlined below. 4. The Coventry Owner will enter into a recorded, perpetual Agreement with the Master Association, which Agreement will run with the land pursuant to Sections 845 and 1468 of the Civil Code, containing the following material provisions: (a) The renters in Coventry will have access over all roads owned and maintained by the Master Association. (b) The renters will have nonexclusive right to park in designated areas near the Coventry project, pursuant to the same rules that pertain to homeowners in Columbus Square. (c) The renters may use the Master Association facility, on the same basis as all members of the Master Association. (d) The Coventry Owner will pay a fair fee monthly to the Master Association for the foregoing benefits for the duration of the Agreement. This fee will be equal to what any member of the Master Association is obligated to pay. In other words, the Coventry Owner will pay to the Master Association the equivalent of 240 assessment units for its 240 apartment units. RECEIVED ~~ AR 1 ~ 2010 rCMMUNITY CEVELOPMENT DEPT 2544-33253\ 947872.1 3/17/10 Attachment H Letter from Lennar dated March 23, 2010, requesting amendments to conditions of approval March 23, 2010 VIA HAND DELIVERY and EMAIL 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 ("Coventry"), 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 back to the City of Tustin's ("City") Planning Commission for a third hearing on March 23,2010. We maintain that as in prior letters, Condition 4.9 in Planning Commission Resolution 4134, Condition 1.6 of Planning Commission Resolution 4136, and Condition 1.7 of Planning Commission Resolution 4137 are inapplicable to Coventry, and it would be inappropriate to impose them as part of the Project Approvals. As stated in our letter to the Planning Commission, dated December 8, 2009 (attached hereto as Attachment Al, Coventry was not the applicant for Tentative Tract Map 16581, and therefore the conditions improperly pass "Fair Share Contribution" obligations under the City's Backbone Infrastructure Program ("Program") onto Coventry, which is not a participant in the Program. In addition, Coventry has never been 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 adjustment for the Program. Therefore, we renew our requests from the December 8, 2009, Planning Commission meeting, and respectfully request that the conditions be deleted or revised in accordance with our December 8`~ letter. Thank you very much for your consideration. Very truly yours, C~ J Donna Kelly Vice President of 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 = LENNAR.COM ~ December 8, 2009 VIA HAND DELIVERY Ms. Elizabeth A. Binsack Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92'780 Re: Planning Commission Review of CUP"09-024, DR 09-024, Amendment to Tract Map 1b581, 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 Tustirc's {"City") Planning Commission on December 8, 2001.' On behalf of the LLC, we would like to thank City management and staff`for working with the LLC to bring this matter to thee. City's Planning Commission for consideration. Upan 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 stritcethrough formatting below: • Resolution No. 4134, Condition No. 1.9 -The LLC requests that the following underlined text be added: "The subjectproject 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 subiect grQnerty reaso~gbly 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 In&astructure Program ("Program") on to California Coasts! • 25 Enterprise, Suite 300, Ahso Vie{o, CA 92656 • Main: 949-349.8000 LENN/A12.C014A 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-n 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 1`air Share Allocation increases under the Program in 2006 or 2008, or any future increases under the Program: "Condition of approval 4.1 of Resolution OS-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 OS-40, tl3e~ete „ 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: "Nothin¢_lierein shall affect or nreiudice the ri is of the parties in the nendin¢ liti¢ation of Marble ,Mountain Partners LAC v City of Tustin et al Case No 30-2008- 1 l,~¢.f~ 1 filed 'in Orange County Superior: Court on i~ecember 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. 4.137, 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 Colifomia Coastof • 25 Enterprise, Suite 300, Viso Viejo, CA 92656 • Main: 9a9.349.8000 t_EIVNgR.COM for the Project Approvals that we have failed to point aut here, we request that the above requests be applied to those references as well. Thank you very much for your consideration. V~'Y lY Yours, °`ohna Kelly Vice President of Community Development cc: Chairman and Members of the Tustin Planning Commission William Huston, City Manager Christine 5hingleton, Assistant City Manager Colifornin Coastal- • 25 ENerprisa, Suite 300, Aliso Viejo, CA 92656 • Main: 949349-8000 LE[VNAi2.CAM Attachment I Public Input Emails received from residents following Planning Commission meeting of March 23, 2010 Kapadia, Reina Subject: FW: Vote No on Rentals in Columbus Square From: James Rumley [mailto:rumley@gmail.com] Sent: Monday, April 12, 2010 10:47 PM To: Amante, Jerry Subject: Vote No on Rentals in Columbus Square Dear Mayor Amante, On April 20`h the city council will hear a request by Lennar to turn part of Columbus Square into apartments. 1 urge you to vote no on this request and tell Lennar that they need to come up with a plan to sell these units as condominiums the original plan and still the right plan for Tustin. The planning commission voted unanimously to deny Lennars request and did so for good reason: Every homeowner in Columbus Square read and signed the disclosure form that stated that all properties sold would be for ownership. We have no problem with senior-housing, but are very concerned that rental housing will adversely impact our community and our property values. We purchased our home in Columbus Square based on the disclosure and marketing that stated we would be in a community of homeowners. Lennar is now citing financial hardship and says they need to sell the units as rentals instead of condos. Of course, Lennars stock has more than doubled over the past year and they recently purchased $3 billion worth of failed bank loans. Please do what is right for the city of Tustin, its residents and your constituents. Vote no and tell Lennar that their plan to turn Coventry Court into rentals is not in the best interests of Tustin. Sincerely, James and Shaelyn Rumley Kapadia, Reina Subject: FW: Stop Coventry Court From: Lisa Wolverton [mailto:Iisawolverton08@yahoo.com] Sent: Tuesday, April 06, 2010 4:43 PM To: Amante, Jerry; info@jerryamante.com Subject: Stop Coventry Court Dear Mayor Jerry Amante, I have been a homeowner of Columbus Square since Apri12007. I have been following this cause since day one and have invested a lot of time in seeing this project not go through. I won't waste much of your time as most of your emails on this subject matter will be the same. All i ask of you is your support in seeing that this ridiculous project, and offer of Lennar, not go through. As most homeowners in this project we were told that there would be no rental property and with all of Lennar's empty promises since day one we feel that they are taking advantage of us homeowners. All that needs to be said is please reject Lennar's application for senior rental tenure in the Coventry Court project. Thank you for your time, Lisa Wolverton 15237 Severyns Rd Tustin, Ca. 92782 Kapadia, Reina Subject: FW: coventry court From: Luke Vu [mailto:lukevu@gmail.com] Sent: Monday, April 05, 2010 2:57 PM To: CITY COUNCIL; Amante, Jerry; info@jerryamante.com; Nielsen, John; John@John4Tustin.com; Davert, Doug; Palmer, Jim; jim@friendsofjimpalmer.org; Gavello, Deborah; deborah@deborahfortustin.com Subject: coventry court Hi, My wife and I are writing to you to plea for you to not allow Lennar to turn the senior living Coventry Court into apartments. This is truely unfair and I know Lennar is doing this for their own personal gain. but it is unfair to us living in Columbus Grove for the following reasons: 1. turning the senior condos into apartments will decrease the property value of the other properties within Columbus Grove and as a chain reaction will result in decreasing property value in tustin. We want to be proud of the city of tustin and see it grow like the city of Irvine. 2. with this change, we as homeowners will have to pay more HOA fees and lose voting rights to the apartments. 3. the apartments will increase the amount of parking in our community and with a high turnover rental market, it will increase crimes in our community 4. everything that we were promised when we bought into these homes have been changed. we feel we were lied to. we don't want to move, but a lot of the homeowners feel that if coventry court becomes apartments, we will have to move into irvine or another city so it won't affect or lose our property value. most homes are already underwater enough. we are pleaing for your help as homeowners who want to see a beautiful and safe community, we trusted and put our life savings into our home and to see a corporate takeover change the community and not care about the people who have bought into the homes here is very sad. Thanks, Luke Duval Vu & Jackie Dang Kapadia, Reina Subject: FW: What will Tustin's Legacy be? From: Garrett Kerr [mailto:garrettkerr@hotmail.com] Sent: Monday, April 05, 2010 2:10 PM To: CITY COUNCIL Subject: What will Tustin's Legacy be? Dear Tustin City Council Members, On April 20th it will be your responsibility to decide on a proposal that will impact many current and potential residents of thegreat city of Tustin. The multi-billion dollar company Lennar wants to make some changes to a project in Columbus Square. They want to change a for ownership property and make it a rental property. Let me say first that I am not against renters. I rented an apartment in Tustin for five years before buying our current home in Camden Place of Columbus Square. The reason I oppose Lennar's proposal is because when I purchased my home the language that was present in the Master Declaration was that the community was strictly for ownership. When I new that I felt a deep sense of pride knowing that my neighbors and I would do our utmost to keep our homes to a certain standard. Now I see and hear Lennar has changed the language in the Master Declaration to read "for rent upon approval by the city". What gives them the right to change the legal language to a document and force that language upon approximately 65% of the current residents within Columbus Square? I say none. If it were their intention to have the community be a mix of a for own and for rent then they should have stated it from the beginning. Lennar has tried to smooth a few of the other issues over by conceding on a few things, but they have not done it in a timely fashion. Their concessions have come days before city planning meetings and without approval of us, the residents. This would suggest that they aren't looking for the approval of the owners and just want to appeal to the board. Please don't let this happen. I urge you to keep us in mind when you are faced with this decision. I am extremely proud to drive into Tustin Legacy each day. I love my beautiful home, and am grateful to the city of Tustin for helping my family and me be able to afford it. I want to continue to be a part of Tustin Legacy that cares about its residents. I want to continue to live in a united community with happy neighbors. Many of us are very concerned and are now appealing to you for help. Please don't let us, your supporters, down. Sincerely, Garrett Kerr The New Busy think 9 to 5 is a cute idea. Combine multiple calendars with Hotmail. Get busy. Kapadia, Reina Subject: FW: Please Deny Lennar's application to change Coventry Court to a rental community -----Original Message----- From: Cristin Cart [mailto:ccart(luci.edu] Sent: Monday, April 05, 2010 2:03 PM To: CITY COUNCIL Subject: Please Deny Lennar's application to change Coventry Court to a rental community Tustin City Council Members, I urge you to deny Lennar's application to change Coventry Court to rental units. Lennar has tried to mislead the city by providing revised disclosures and not giving notice to the homeowners of Columbus Square. I purchased my condo in December 2007 well before the homebuyer disclosure was changed 9/08 to include rentals in Columbus Square. I signed my disclosure stating that Columbus Square would be for sale units only. As a low income homebuyer I know there is a big difference between a low income renter and homebuyer. To qualify for the low income homebuyer program I had to have exceptional credit, have no outstanding unsecured debt and have a quite large downpayment. I am very thankful to the city for the opportunity to purchase my home at an affordable price. When I became a single mother at the age of 23 I never expected to be able to own my own home in Orange County. I am worried that renters will not have the above qualifications and therefore will not take the pride in the upkeep of their home like I do and therefore bring down the quality of life for us homeowners in Columbus Square. Regardless of anyone's personal opinion of whether it is a good idea to make Coventry Court a rental community of not, over 60% of the 700 homeowners in Columbus Square purchased their home with the homebuyer disclosure stating that Columbus Square will be for sale units only. I think that any changes to this must be approved by the homeowners who purchased before September 2008. Thank you for your time, Cristin Cart 15257 Kensington Park Dr Tustin 92782 1 Kapadia, Reina Subject: FW: Coventry Court Proposal From: Bill Stelzner [mailto:bill.stelzner@gmail.com] Sent: Friday, March 26, 2010 9:35 AM To: CITY COUNCIL Subject: Coventry Court Proposal Esteemed Mayor and Members of the Tustin City Council, On March 23rd, along with over 100 of my Columbus Square neighbors, I attended the Tustin City Planning Commission hearing on the proposal by Lennar Development Co to convert Coventry Court from owner to rental units. We were very pleased that the Planning Commission unanimously voted to deny Lennar's proposal. We now understand that the Commissions recommendation will come to the City Council in April for a final decision. I ask you to put the needs and dreams of the residents at Columbus Square ahead of a 4 billion dollar corporation that has not acted in good faith and is most concerned about increasing its profit margin. Please vote "yes" in support of your Planning Commissions recommendation and your fellow Tustin residents. Appreciatively, Bill Stelzner 15201 Linden Way, Tustin 714/906-9811 Stop Coventry Court Rentals Residences of Columbus Square Tustin, CA. 92782 949-682-5589 Honorable Mayor and Distinguished Councilmember's, We have prepazed this report to help define the key issues that have lead to a unanimous 5-0 decision by the Planning Commission to recommend that they City Council DENY the request to change Coventry Court from ownership tenwe to rental tenwe. All other requests per Conditional Use Permit 09-024, Design Review 09-024, Amendment to Tract Map 16581, and Amendment to Concept Plan 03-003 (collectively, "CUP") were approved. On December 8, 2009, the Planning Commission met to review and possibly recommend the CUP for approval to the City Council. - Most of the homes falling within the 300-foot radius of Coventry Court had been recently constructed and only a hand full of homes were occupied. - Lennaz's local corporate office received the notice intended for the HOA Boazd, as their address was still the official noticing address of the Columbus Square Home Owners Association ("HOA"). Lennaz indicated their failwe to send the notification letter to the HOA Boazd was a legitimate and unfortunate mistake on their part, many Columbus Squaze residents believe that the notice was purposely withheld so the community's response to the requested changes in the CUP would be minimal at the Planning Commission meeting. - that Lennaz has three active employees sitting on the HOA Boazd, but the local Lennaz corporate office never provided the notice to any of the HOA Board members (including their employees) or the Columbus Square property management firm As a result of Lennaz's failwe to give notice to anyone in Columbus Square, the entire community which would be affected by the approval of the CUP had no knowledge of the CUP request or the pending Planning Commission meeting. Because of this blunder notifying the community, the Planning Commission continued the hearing to January 26"'. During the Planning Commission meeting on January 26'x, Columbus Square residents filled the entire Council Chambers and the foyer opposing the CUP application. - A petition signed by 365 homeowners opposing the CUP application was turned to City Staff - By changing the project to an apartment complex, one land owner would contro1240 votes in the HOA. Lennaz has proposed to unilaterally amend the Covenants, Conditions, & Restrictions ("CC&Rs") governing the property to reduce Coventry Court's owner to a voting block of 120 votes. This large of a voting bloc could give one owner over 50% of the votes cast in any one election, proposed Wile changes (assuming a 30-40% voter turnout) and is not acceptable to the homeowners of Columbus Squaze. - Lennaz also proposed changing the CC&Rs to reduce the HOA dues for each unit in Coventry Cowt by 50%. The other 50% of the HOA dues would be passed on to the homeowners of the HOA. - The Columbus Square conditions of approval and governing documents, never contemplated rental tenwe In order to prove that the homeowners in Columbus Squaze knew that rental units may be a part of the community, Lennaz provided the Planning Commission with a copy of page 10 8c 11 from the Homebuyer Discloswe Statement ("Discloswe") dated September 30, 2008. These pages included a sentence at the end of paragraph 23 stating that Columbus Square could include both ownership and rental tenure. Lennaz claimed that this sentence was included in the Disclosers that were distributed to all homeowners during the pwchase of their homes. - The residents, whom addressed the Planning Commission, profoundly expressed that they pwchased their homes knowing that a rental community would not be present within Columbus Squaze. To confirm, Planning Commission was provided with several versions of Page 10 of the Discloswes dated prior to September 30, 2008 (Exhibit B), which were given to the majority of home owners. None of the Discloswes dated prior to September 30, 2008 included the sentence stating that the community would include both ownership and rental tenwe. - The Planning Commission was also provided page 1 of the Disclosure (Exhibit A) that states "In addition to the Disclosure, the City of Tustin has required the Master Developer provide you with a Columbus Square Homebuyer Notification. The Master Developer prepared the Homebuyer Notification with information provided by the City of Tustin, at the direction of the City of Tustin and do not have the right to alter or update the Homebuyer Notification". In addition the City Planning Commission was provided a copy of pages 1 and 5 of the Homebuyer Notification (Exhibit C & D) that specifically states "Development within the Community is approved for sale and ownership tenure only in accordance with Chapter 3.9.3J5 of the MCAS Tustin Specific Plan." These statements were also verbally communicated by the builders' sales office to all those that purchased homes prior to September 30, 2008. The Planning Commission also learned that the proposed property manager has never owned or managed a rental community within a master association. At the conclusion of the public hearing, two commission members voted to deny the proposed application and three commission members voted for continuances for further fact finding. The next Planning Commission meeting was held on Mazch 23, 2010 at 7:00 p.m. The applicant submitted proposed changes to the proposed application on March 17"' only days before the Mazch 23`~ Planning Meeting. The applicant told the Commissioners they wanted to "bridge the cap" with the home owners and proposed changes to the CUP application: - The applicant didn't communicate with the home owners about the proposed changes, again - A copy of the Lennaz proposal is attached as Exhibit "E" - The proposed changes were undefined, ambiguous, open-ended, and confusing During the Planning Commission meeting held on March 23'x, the Commissioners unanimously voted 5-0 recommending denial to the proposed CUP application. Pursuant to the Planning Commission decision, the applicant contacted several home owners on Mazch 24`~ for a meeting and discuss how to come in teams. Four home owners met with the applicant on Mazch 31~` to be surprised by a presence of a consultant the applicant hired to mediate. Cazol Mentor McDermott from Government Solutions, Inc., specializes in entitlement issues and community issues served as a Planner for the County of Los Angeles, for the City of West Covina, a member of the American Planning Association, the American Institute of Certified Planners, a Member of Urban Land Institute, and several other Planning Advisors Panels - The applicant didn't communicate they will be bringing a Consultant. Depriving us home owners the ability the right to be represented - The consultant didn't represent a partial opinion and was there to represent the applicant's interest - The Consultant attempted to negotiate terms with only four home owners so the applicant can submit changes - We told the applicant and the Consultant that we didn't feel comfortable with the meeting's setting and that we didn't appreciate being blind-sided. We further addressed that the applicant could have told of the third party's presence, we could have done same - The applicant and Consultant said they will draw up some revisions and email it to us home owners to share with the entire community - On April 12a', the Consultant emailed one home owner to set up a follow up meeting. They proposed a meeting on April 15'x, only a few days before the Council Meeting Based upon the above information we respectfully request the City Council to up hold the recommendation of the Planning Commission on the action before you. Best regards, Collectively prepazed and signed by Columbus Square Homeowners. Enclosures: Homebuyer Disclosure Statement, Page 1, June 2006 (Exhibit A) Homebuyer Disclosure Statement, Page 10, June 2006 (Exhibit B) Homebuyer Notification, Page 1 June 2006 (Exhibit C} Homebuyer Notification, Page 5, Paragraph 5, June 2006 (Exhibit D) Lennar's proposal (Exhibit E) Columbus Square HOMEBUYER DISCLOSURE STATEMENT ___ Meriwether • Camden Place The Gables • Astoria • Coventry Court Cambridge Lane • Sensington Court • Verandas June 2006 Welcome to Columbus Square. We are pleased you aze considering the purchase of a new home in Columbus Squaze. We want you (the "Buyer's 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 of Columbus Squaze ("Community', located in the City of Tustin. We offer this Homeowner Disclosure Statement ("Disclosures as a service to describe to you various matters which might affect your decision to purchase. Please read it carefully. Be aware, however, that (a) much of the information in this Disclosure has been obtained from other sources (public agencies, public records, etc.), and (b) the information contained in this Disclosure 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 Disclosure. In addition to this Disclosure, the City of Tustin has required that the Master Developer provide you with a Columbus Square Homebuyer Notification (the "Homebuyer Notification'. The Master Developer prepared the Homebuyer Notification with information provided by the City of Tustin, at the direction of the City of Tustin and do not have the right to alter or update the Homebuyer Notification. To the extent any of the information provided in the Homebuyer Notification is inconsistent with the information provided in this Disclosure, this Disclosure shall supersede that portion of the Homebuyer Notification. By signing this Disclosure, 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 pre-purchase 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. You will receive many documents in addition to this Disclosure to review, complete and sign before the Close of Escrow for the purchase of your home. These other documents are called the "Purchase Documents" in this Disclosure, and they include documents pertaining to the Community, defined below as the "Community Association Governing Documents". This Disclosure is not intended as a substitute for your review of the Community Association Buyer' Inidals: / _ 1 _ 2544-33253~CIP428~DLSCLSR1609%5.3 6/13/06 1. ~~: ~, / /~/,f~ ~`~~ 20. Additional Provisions. There may be provisions of various laws, including the Davis-Stirling Common Interest Development Act codified at Sections 1350 et seq, of the Califomia Civil Code and the Federal Fair Housing Act codified at Title 42 United States Code, Section 3601 et seq., which may supplement or override the Community Association Governing Documents. The Master Developer, Neighborhood Builders and Community Association make no representations or warranties regarding the future enforceability of any portion of the Community Association Governing Documents. COLUMBUS SQUARE DISCLOSURES 21. Charitable Endowment Fee. A recorded Charitable Housing Agreement Imposing Endowment Fee On Transfer ("Agreement's affects your Home and the other Homes in the Community. The Agreement requires that an "Endowment Fee" equal to one-twentieth of one perc~t (0.05%) of the total sales price (0.0005 x total sales price) be paid each time a Home in the Community is transferred to a new owner. The Endowment Fee will be paid to Lennar Charitable Housing Foundation, a California nonprofit public benefit corporation ("Foundation', to be used for the purposes descn~bed in the Agreement. When you close escrow for the purchase of your Home, you will pay the Endowment Fee to the Foundation. Thereafter, each time your Home is resold, the Endowment Fee must be paid at the close of escrow, but it may be paid either by the new buyer or the then current seller. The Agreement will be in effect for an indefinite period of time. 22. Affordable Housing/Transitional Housing. The City of 'l~stin has required the Master Developer and Neighborhood Builders to provide two hundred sixty-six (266) units of affordable housing ("Affordable Housing Units' within the Community. Sixty-three (63) Affordable Housing Units will be located in the Camden Place Neighborhood, fifty (SO) Affordable Housing Units will be located in the Cambridge Lane Neighborhood, and one hundred filly-three (153) Ai~ordable Housing Units will be located in an area of the Community that will be designated as housing for seniors (Coventry Court). Certain of these Affordable Housing Units 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 Homes subject to resale restrictions, as reflected in a recorded covenant agreement, for a period of forty-five (45) years. If you are interested in the Affordable Housing Units you should consult your sales representative for fiuther information. 23. "Active Adult" Neighborhood. An "Active Adult Neighborhood," the Coventry Court, consists of age restricted residences located within the Community. In Coventry Court, each Home must be occupied by at least one resident who is at least 55 years of age. Coventry Court is a community consisting of approximately 240 Homes and has its own recreational facilities and activities. All assessments for the maintenance of these recreation facilities aze the exclusive responsibility of the Coventry Court residents. As a result, the recreational facilities located within Coventry Court are not open to other Owners in the Community; provided, however, Coventry Court residents will have the right to use the recreational facilities located throughout the Community. Master Developer reserves the right to construct other age restricted communities in other locations in the Community. Buyer ~~°~ ~ -1 Q- 2544-33253\CIP428\DISCISR\ 609965.3 6/13/06 ,., _ l _ % Columbus Square HOMEB NO CATION INTRODUCTION You, the undersigned Buyer, are considering the purchase of a new home in the Columbus Square master planned residential community (the "Communhy'~ in the City of Tustin (the "CYty'~. 'The master developer of the Community will be Moffett Meadows Partners, LLC { "Master Developer's and the Columbus Square Community Association, a California nonprofit mutual benefit corporation (the "Community Association's will maintain portions of the Community. We want you (the "Buyer's 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 ("Notifi'cation's as a service to describe to you various matters which might affect your decision to purchase. Please read it ca*efirlly. Be aware, however, that (a) much of the information in this Notification has been obtained finny other sources (public ageareies, 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 ail information regarding matters of concern to you before the Close of Escrow for your home purchase As a part ofyo~r pre•-purchase 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 thear 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 SpacelPark Areas within the Communrity. 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 livi~rg in the areas nearest to the Open SpaceJPark Areas may experience noise, traffic and parking congestion, light spillage, glare and other impacts from the operation of these Open SpaceJPark Areas and the events that take place there and maybe inconvenienced by these impacts. You are advised that Dgaster 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 Neighborhood 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 SpacelPark 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 oa Exhibit `~OSn attached to the Master ~ Declaration. Residents of the -1- 2544-332531C1?428\DISCLSR\ 581357.8 3/6AD6 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 Consttvction and sales activities will be occurring within and in the vicinity of the Community. Sales activity will incxease 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 conshuction 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 c:uaently located in the Tustin Unified School District, telephone: (714) 730- 7301 (the "School District'. To obtain fiuther 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 FIRE STATION SITE The Community is located adjacent to a future fire station site at the coiner of Edinger Avenue and West Connector Road. The fire station will operate twenty-four (?~}) hours a day and sevea (?) days a week. Residents in the vicinity of the fire station will notice noises 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. Yon should evahiate 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 ,lo~ment within the Chapter 3.9.3J5 of t is approved for sale and tenure only in accordance Plan. ENVIRONMENTAL CONDITION The Community is located on a portion of the former Marine Corps Air Station Tustin ("MGRS T~istin'~ 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- 2544-332531CLP42g1pLSCLyR\ 581357.8 3/6x06 . . Summary of Renta! ProeO~! 1 • The Coventry land, approved by the City as an age-restricted apartment project with "affordable" units ("Coventry"), will not be annexed to the Columbus Square master planned community. 2. No assessments shall be levied by Columbus Square Community Association ("Master Association") against the Coventry pro e Association shall not be exercised by the owner of Covenvotes in the Master Owner will not be a member of the Master Association. ~'' and the Coventry 3 • The California Department of Real Estate has confirmed in writing that the reasonable range of assessments and votes for an annexed apartment project within a master planned community is 1 vote (and 1 assessment unit) for every 2 or 3 units in the apartment project. However, the Coventry Owner is willing to pay to the Master Association an amount equal to one assessment unit for each rented unit as outlined below. 4. The Coventry Owner will enter into a recorded, pe tuaI A Association, which A ~ greement with the Master 1468 of the Civil Code~contai i g thehe fot owing material prow sio s Sections 845 and (a) The renters in Coventry will have access over all roads owned and maintained by the Master Association. (b) The renters will have nonexclusive right to pazk in designated areas near the Coventry project, pursuant to the same rules that pertain to homeowners in Columbus Square. (c) The renters may use the Master Association facility, on the same basis as all members of the Master Association. (d) The Coventry Owner will pay a fair fee monthly to the Master Association for the foregoing benefits for the duration of the Agreement. This fee will be equal to what any member of the Master Association is obligated to pay. In other words, the Coventry Owner will pay to the Master Association the equivalent of 240 assessment units for its 240 apartment units. 2544-33253\947872.1 3/17/10 Attachment J City Council (draft) Resolution No. 10-33 (Alternative 1: denial of project for rental tenure, approval of project for ownership tenure) RESOLUTION NO. 10-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DENYING CONDITIONAL USE PERMIT (CUP) 09-024, AMENDMENT TO CONCEPT PLAN (CP) 03-003, AND AMENDMENT TO TRACT MAP (TM) 16581, FOR THE SUBJECT PROJECT AS APARTMENTS OR FOR RENTAL TENURE, AND APPROVING DESIGN REVIEW 09-024 AND CONDITIONAL USE PERMIT 09-024 AS IT RELATES TO PARKING, AUTHORIZING THE DEVELOPMENT OF A 240-UNIT SENIOR RESIDENTIAL CONDOMINIUM COMPLEX, AGE RESTRICTED TO PERSONS OF 55 YEARS OR OLDER, WITH A PARKING STANDARD OF 1.7 SPACES PER UNIT, INCLUDING 153 AFFORDABLE UNITS, 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 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 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 at the December 8, 2009, meeting, 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 on January 26, 2010, the Planning Commission held a continued public hearing on the item and continued the item for sixty (60) days to allow staff, Resolution No. 10-33 Page 2 the applicant, and residents to conduct further research and report back on subjects raised at the hearing; F. That on March 23, 2010, the Planning Commission conducted a second continued public hearing on the item and adopted Resolution No. 4134 recommending that the City Council deny CUP 09-024, Amendment to CP 03-003, and Amendment to Tract Map 16581 for the subject project for apartments or rental tenure, and approve DR 09-024, and CUP 09-024 as it relates to parking, authorizing the development of a 240-unit age-restricted senior residential condominium complex including 153 affordable units, recreation center, and associated infrastructure and site improvements on Lot 265 of Tract 16581; G. That a public hearing on the matter was duly called, noticed, and held for said application on April 20, 2010, by the City Council; H. 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 designated as affordable units; 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; J. 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; K. That pursuant to Condition 1.2 of Resolution No. 4014, permits must be obtained and substantial construction underway within 24 months; L. That some building permits were applied for, approved, and issued; and one (1) of the ten (10) buildings was constructed but the developer chose not to obtain additional permits or continue construction at Coventry Court; M. That since development at Coventry Court was discontinued, Design Review 05-019 and Conditional Use Permit 05-037 for Coventry Court are considered Resolution No. 10-33 Page 3 to have lapsed, but the obligation to construct senior housing and affordable units as required in the conditions of the earlier approvals remains in effect; N. 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; O. 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; P. That the proposed project is part of Tract 16581; thus all applicable conditions from City Council Resolution No. 05-40 for approval of Tentative Tract Map 16581 and Resolution No. 06-17 for approval of Final Tract Map 16581 remain applicable to the proposed project; Q. 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 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 shall be applicable to the subject project (CUP 09-024); R. That for Design Review 09-024, 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 condominium development as conditioned (senior condominiums) is a permitted use in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, 2. As conditioned, the proposed senior condominium 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 Resolution No. 10-33 Page 4 with plans previously approved by the Planning Commission and Community Development Department. 5. The location, size, architectural features and general appearance of the proposed senior condominium 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 the neighborhood. I) 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. S. That for Conditional Use Permit 09-024 requesting approval of the subject project as apartments/for rental tenure, pursuant to Tustin City Code Section 9291, the proposed senior apartment housing development for rental tenure would be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, and 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. The 240-unit senior residential project was originally considered in concept and plan as a part of the greater Villages of Columbus, which were proposed as 100 percent ownership units, and apartments were not considered as part of the original development plan; 2. The change from ownership to rental tenure is not a minor amendment to the project and will result in a change in the operational characteristics and intent of the project as previously considered and approved and will Resolution No. 10-33 Page 5 therefore cause a detriment to the general welfare of persons residing in the neighborhood; 3. The project as proposed will cause detriment to the property in the neighborhood of the subject property in that the proposed project will adversely impact the community master association and all of its members in terms of voting rights and dues. The project, as proposed with a 2:1 ratio of assessments and voting rights within the master community association, will result in an unwarranted increase in monthly association dues over the life of the project and will unduly alter the balance of voting rights within the association by concentrating 120 voting rights into one entity (e.g., the future owner of the 240-unit senior apartment project). Many of those individuals who purchased their existing individual interests in the development were not adequately informed that association voting rights might be concentrated in a single owner in this fashion; 4. An alternative proposal made by the applicant after the January 26, 2010, Planning Commission public hearing would not annex the proposed senior apartment complex to the community master association but would require the senior complex to to enter into an agreement to pay the master community association amounts equivalent to 240 assessments toward association maintenance costs. Such a proposal would permanently and unfairly burden the senior housing complex to fund association maintenance costs. Such a proposal would permanently and unfairly burden the senior housing complex to fund association maintenance costs but without representation of the senior complex and its residents in association elections; 5. Many of the current residents in the various neighborhoods of Columbus Square were ensured at the time of their purchase by the master developer and/or neighborhood builders verbally and in writing that the Columbus Square community was strictly for ownership tenure only and that no apartments were a part of the development plan. That a change in tenure type for 240 of the 1,075 units in Columbus Square to rentals will cause detriment to the comfort and welfare of the persons residing in the neighborhood of the subject property, as has been expressed by numerous property owner/residents in writing incorporated herein to the City and during the public hearings held on the item; 6. The applicant's existing obligation to construct individually-owned senior condominiums: (a) established a better and fairer balance between voting rights and financial commitments for association costs; (b) maintains voting rights in a manner that does not result in undue concentration of voting rights in one entity; and (c) is in keeping with the expectations of the existing association members regarding assessments and future voting rights. Resolution No. 10-33 Page 6 7. 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 and the Housing Element identified Coventry Court as an implementation project to meet the City's housing projections and goals. However, the senior project can serve to benefit the target population as originally intended through ownership without the proposed change to rental tenure; T. That the 240 multiple family attached senior housing units for ownership tenure were a part of the subdivision of 105.5 acres and development of 1,075 residential units at the Columbus Square site, approved under Concept Plan (CP) 03-003 by Planning Commission Resolution No. 3951, 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 as proposed for rental tenure is inconsistent with the intent of the approved Concept Plan and Tract Map. U. 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 City Council hereby denies Conditional Use Permit (CUP) 09-024, Amendment to Concept Plan (CP) 03-003, and Amendment to Tract Map (TM) 16581 for the subject project as apartments or for rental tenure, and approves Design Review (DR) 09-024 and Conditional Use Permit (CUP) 09-024 as it relates to parking for development of a 240-unit senior housing project age Resolution No. 10-33 Page 7 restricted for persons of 55 years or older for ownership 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 recommended conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 20th day of April, 2010. JERRY AMANTE MAYOR PAMELA 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. 10-33 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of April, 2010, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A RESOLUTION NO. 10-33 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 April 20, 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 of the date of approval. 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 and Conditional Use Permit 09-024 are 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. 10-33 Exhibit A Page 2 (1) 1.5 As a condition of approval of DR 09-024 and CUP 09-024, 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 ownership 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 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 and Conditional Use Permit 09-024, as may be modified herein. (***) 1.10 The senior condominium development is proposed to be developed strictly as a senior complex with parking concession to 1.7 parking ratio per unit per CUP 09-024. Accordingly, the senior 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 upon each condominium unit by the applicant prior to issuance of a building permit. DESIGN REVIEW (4) 1.11 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. Resolution No. 10-33 Exhibit A Page 3 (4) 1.12 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) 1.13 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 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 Resolution No. 10-33 Exhibit A Page 4 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 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. Resolution No. 10-33 Exhibit A Page 5 • 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. 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. Resolution No. 10-33 Exhibit A Page 6 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 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. Resolution No. 10-33 Exhibit A Page 7 (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 with 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 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 Resolution No. 10-33 Exhibit A Page 8 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) four 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. 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 Resolution No. 10-33 Exhibit A Page 9 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 sold. (***) 6.2 No further building permits shall be issued for any portion of Tract 16581 until the balance of market-rate and affordable units within the entirety of Tract 16581 is reasonably in proportion, as determined by the Director of Community Development. The applicant shall submit a revised phasing plan, for review and approval by the Community Development Department, reflecting phasing in conformance with this condition, prior to the issuance of any further building permits in Tract 16581. LANDSCAPING/HARDSCAPE (1) 7.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: ^ Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. ^ Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. ^ Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. ^ The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. ^ 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. Resolution No. 10-33 Exhibit A Page 10 ^ 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 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 homeowner's association governing Lot 265 ("HOA") 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 association or CC&R documents. • The HOA shall ensure that required parking is provided to residents, employees, and visitors such that off-site or surrounding properties Resolution No. 10-33 Exhibit A Page 11 parking are not negatively impacted. This could be accomplished using a decal systems, on-site security and/or manager parking enforcement, etc. • The HOA 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. ORANGE COUNTY FIRE AUTHORITY (5) 9.1 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) 9.2 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 and/or Sprinkler Underground Piping." (5) 9.3 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) 9.4 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) 9.5 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 Resolution No. 10-33 Exhibit A Page 12 by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. (5) 9.6 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) 9.7 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) 9.8 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) 9.9 Prior to the issuance of a precise grading permit or building permit, the applicant shall submit and obtain approval of the Fire Chief and City Staff of plans for all public or private access roads, streets and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When adead- end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. Applicable CC&RS 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) 9.10 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) 9.11 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 No. 10-33 Exhibit A Page 13 (5) 9.12 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&Rs or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes, and an enforcement method. (5) 9.13 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) 9.14 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) 9.15 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) 9.16 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) 9.17 This system shall be operational prior to the issuance of a certificate of occupancy. NOISE (1) 10.1 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) 10.2 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 No. 10-33 Exhibit A Page 14 (1) 10.3 The perimeter sound walls are included as part of the master wall plans for Columbus Square currently under review. PUBLIC SAFETY (4) 11.1 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) 12.1 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. Resolution No. 10-33 Exhibit A Page 15 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. 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. 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 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 Resolution No. 10-33 Exhibit A Page 16 provisions of the California Environmental Quality Act could be significantly lengthened. Attachment K City Council (draft) Resolution Nos. 10-33, 70-34, 10-35 (Alternative 2: approval of project for rental tenure) RESOLUTION NO. 10-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING 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, WITH A PARKING STANDARD OF 1.7 SPACES PER UNIT, INCLUDING 153 AFFORDABLE UNITS, 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 City Council of the City of Tustin does hereby resolve as follows: The City Council 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 at the December 8, 2009, meeting, 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 on January 26, 2010, the Planning Commission held a continued public hearing on the item and continued the item for sixty (60) days to allow staff, the applicant, and residents to conduct further research and report back on subjects raised at the hearing; Resolution No. 10-33 Page 2 F. That on March 23, 2010, the Planning Commission conducted a second continued public hearing on the item and adopted Resolution No. 4134 recommending that the City Council deny CUP 09-024, Amendment to CP 03-003, and Amendment to Tract Map 16581 for the subject project for apartments or rental tenure, and approve DR 09-024, and CUP 09-024 as it relates to parking, authorizing the development of a 240-unit age-restricted senior residential condominium complex including 153 affordable units, recreation center, and associated infrastructure and site improvements on Lot 265 of Tract 16581; G. That a public hearing on the matter was duly called, noticed, and held for said application on April 20, 2010, by the City Council; H. 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; I. That pursuant to Condition 2.2 of Resolution No. 05-40 approving TTM 16581, a Design Review is required for the overall design of the senior housing project and a Conditional Use Permit is required to permit a reduction in the number of on-site parking spaces; J. 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; K. That pursuant to Condition 1.2 of Resolution No. 4014, permits must be obtained and substantial construction underway within 24 months; L. That some building permits were applied for, approved, and issued; and one (1) of the ten (10) buildings was constructed but the developer chose not to obtain additional permits or continue construction at Coventry Court; M. That since development at Coventry Court was discontinued, Design Review 05-019 and Conditional Use Permit 05-037 for Coventry Court are considered null; N. 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; Resolution No. 10-33 Page 3 O. 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; P. That the proposed project is part of Tract 16581; thus all applicable conditions from City Council Resolution No. 05-40 for approval of Tentative Tract Map 16581 and Resolution No. 06-17 for approval of Final Tract Map 16581 remain applicable to proposed project; Q. 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 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); R. 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 Resolution No. 10-33 Page 4 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 the neighborhood. I) 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. S. 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; Resolution No. 10-33 Page 5 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 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. T. That the multiple family senior housing complex for ownership tenure was part of the subdivision of 105.5 acres and development of 1,075 residential units at the Columbus Square site, including was approved under Concept Plan (CP) 03-003 by Planning Commission Resolution No. 3951, 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; U. That should the proposed rental tenure not be carried out or instituted, the project approval shall remain valid for the development of 240 age-restricted senior condominium units, as was originally intended and approved for the project site; V. 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 Resolution No. 10-33 Page 6 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 City Council hereby approves 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 recommended conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 20th day of April, 2010. JERRY AMANTE MAYOR PAMELA STOKER CITY CLERK Resolution No. 10-33 Page 7 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. 10-33 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of April, 2010, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A RESOLUTION NO. 10-33 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 April 20, 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. Should this approval become null and void, the obligation that existed (prior to this approval) to develop 240 age-restricted senior condominium units, as was originally intended and approved for the project site, shall continue to apply. Associated conditions shall be applied accordingly. (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 Resolution No. 10-33 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 Resolution Nos. 10-34 and/or 10-35. Resolution No. 10-33 Page 2 (***) 1.11 The senior apartment development is proposed to be developed strictly as a senior complex with parking concession to 1.7 parking ratio per unit. Accordingly the senior apartment development shall be restricted to seniors of age 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. PROJECT APPROVALS (***) 2.1 The subject project shall not be annexed into the Columbus Square Master Community Association (CSMCA). Instead, the applicant shall be responsible for drafting and obtaining from the CSMCA a written agreement regarding the use and maintenance of CSMCA community facilities, including but not limited to private streets and drives, common areas, recreational facilities, parking facilities (on- and off-street), parks, etc., and the payments to CSMCA of amounts equivalent to 240 units CSMCA assessments for the life of the project. The agreement shall be subject to review and approval by the City, and the provisions required by these Conditions of Approval may not be amended without the approval of the City. The agreement shall be recorded on and burden run with the property, and shall benefit the CSMCA property. The agreement shall provide that the subject lot and units shall not receive any voting rights within the CSMCA unless and until voting rights are required by the City or by operation of law. The applicant shall obtain agreements from all lenders and others possessing deeds of trust or other security interests secured by the property subordinating their interests to the agreement with CSMCA required by this Condition. Should the applicant be unable to fulfill this condition for any reason, the subject approval for the project for rental tenure shall be considered null and void. Should this project approval become null and void, the obligation that existed (prior to this approval) to develop 240 age-restricted senior condominium units, as was originally intended and approved for the project site, shall continue to apply. (***) 2.2 Should the project as proposed for rental tenure not be instituted or carried out, the subject approval shall be considered valid for ownership tenure (240 condominium units) as originally intended and approved for the project site. However, notwithstanding such an obligation to develop condominiums for ownership tenure, no condominium unit shall be sold except with the approval of the City. DESIGN REVIEW (4) 3.1 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. Resolution No. 10-33 Page 3 (4) 3.2 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) 3.3 Production plans shall incorporate additional chimneys as necessary to be consistent with the approved conceptual roof plans. GRADING PLAN SUBMITTAL (1) 4.1 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. (1) 4.2 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) 4.3 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) 4.4 Prior to issuance of a grading permit, the applicant shall be required to provide a performance bond to assure grading work is completed in Resolution No. 10-33 Page 4 accordance with approved plans. The engineer's estimated cost shall be submitted to the Building Official for determination of the bond amount. (1) 4.5 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) 5.1 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) 5.2 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 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. Resolution No. 10-33 Page 5 • 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) 5.3 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) 5.4 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) 5.5 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) 5.6 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) 5.7 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. 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. Resolution No. 10-33 Page 6 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) 6.1 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 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) 6.2 Preparation of plans for and construction of: Resolution No. 10-33 Page 7 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) 6.3 The applicant shall comply and meet all conditions of Tract Map 16581. (1) 6.4 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) 6.5 Any damage done to existing street improvements and utilities shall be repaired before issuance of a certificate of Occupancy. (1) 6.6 A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. (1) 6.7 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 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) 6.8 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. Resolution No. 10-33 Page 8 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) four 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. (***) 6.9 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 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. WATER QUALITY (1) 7.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. (1) 7.2 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. Resolution No. 10-33 Page 9 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 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. CONSTRUCTION PHASING AND MODEL UNIT PLAN (1) 9.1 The developer shall close and convert the model units (constructed units) to occupancy within 90 days from the last unit rented. (***) 9.2 No further building permits shall be issued for any portion of Tract 16581 until the balance of market-rate and affordable units within the entirety of Tract 16581 is reasonably in proportion, as determined by the Director of Resolution No. 10-33 Page 10 Community Development. The applicant shall submit a revised phasing plan, for review and approval by the Community Development Department, reflecting phasing in conformance with this condition, prior to the issuance of any further building permits in Tract 16581. LANDSCAPING/HARDSCAPE (1) 10.1 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. ^ 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. Resolution No. 10-33 Page 11 ^ 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) 10.2 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. RENTER NOTIFICATION (1) 11.1 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 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 CSMCA homeowners Resolution No. 10-33 Page 12 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 CSMCA. The notice shall notify the renter that renters are not members of the CSMCA, and will not vote in CSMCA matters. The notice shall also identify any easements, facilities, amenities, and dedications that will be maintained by the owner or operator of the apartment complex. 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 members of the CSMCA, to the residents of the project, and to 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. 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 a day. ORANGE COUNTY FIRE AUTHORITY (5) 12.1 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) 12.2 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 Resolution No. 10-33 Page 13 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 and/or Sprinkler Underground Piping." (5) 12.3 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) 12.4 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) 12.5 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) 12.6 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) 12.7 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) 12.8 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) 12.9 Prior to the issuance of a precise grading permit or building permit, the applicant shall submit and obtain approval of the Fire Chief and City Staff of plans for all public or private access roads, streets and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When adead- end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Resolution No. 10-33 Page 14 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) 12.10 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) 12.11 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) 12.12 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) 12.13 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) 12.14 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) 12.15 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. Resolution No. 10-33 Page 15 (5) 12.16 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) 12.17 This system shall be operational prior to the issuance of a certificate of occupancy. NOISE (1) 13.1 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) 13.2 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) 13.3 The perimeter sound walls are included as part of the master wall plans for Columbus Square currently under review. PUBLIC SAFETY (4) 14.1 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) 15.1 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. Resolution No. 10-33 Page 16 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) 16.1 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. 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 Resolution No. 10-33 Page 17 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. i. Other applicable parkland in-lieu fees and Tustin Legacy Backbone Infrastructure Program fees as required by Resolution No. 05-40. (1) 16.2 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. 10-34 A RESOLUTION OF THE CITY COUNCIL APPROVING 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 City Council of the City of Tustin does hereby resolve as follows: The City Council 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 at the December 8, 2009, meeting, 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 on January 26, 2010, the Planning Commission held a continued public hearing on the item and continued the item for sixty (60) days to allow staff, the applicant, and residents to conduct further research and report back on subject raised at the hearing; Resolution No. 10-34 Page 2 F. That on March 23, 2010, the Planning Commission conducted a second continued public hearing on the item and adopted Resolution No. 4134 recommending that the City Council deny CUP 09-024, Amendment to CP 03-003, and Amendment to Tract Map 16581 for the subject project for apartments or rental tenure, and approve DR 09-024, and CUP 09-024 as it relates to parking, authorizing the development of a 240-unit age- restricted senior residential condominium complex including 153 affordable units, recreation center, and associated infrastructure and site improvements on Lot 265 of Tract 16581. G. That a public hearing on the matter was duly called, noticed, and held for said application on April 20, 2010, by the City Council; H. 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 Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS Tustin Specific Plan; 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; J. That the proposed project necessitates text amendments to Resolution 3951 which approved Concept Plan 03-003; K. 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. 10-33 and 10-35, 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, Resolution No. 10-34 Page 3 5. Ensuring compliance with all applicable provisions of the MCAS Tustin Specific Plan. II. The City Council hereby approves Amendment to Concept Plan 03-003 to reflect a change in tenure from ownership to rental for the proposed 240-unit age- restricted senior apartment housing project on a nine (9) acre site within Columbus Square within Planning Area 4 and Planning Area 5 of the MCAS- Tustin Specific Plan (Lot 265 of Tract 16581), subject to the conditions of approval attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 20t" day of April, 2010. JERRY AMANTE MAYOR PAMELA 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. 10-34 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20t" day of April, 2010, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A RESOLUTION NO. 10-34 AMENDMENT TO CONCEPT PLAN 03-003 CONDITIONS OF APPROVAL (1) 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 1.1 Concept Plan 03-003 is approved for development of 1,075 residential units in Planning Area 4 and Planning Area 5 as follows: (***) 1.2 The amendment to the approved Concept Plan is subject to execution of the First Amendment to the Housing Agreement and Regulatory 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. 10- 33, and Condition 2.2 of Resolution No. 10-35. (***) 1.3 Resolution No. 10-34 shall become null and void in the event that Resolution Nos. 10-33 approving Design Review 09-024 and Conditional Use Permit 09-024 and Resolution No. 10-35 approving Amendment to the Tract Map 16581 are not approved by the City Council. (***) 1.4 Resolution No. 10-34 shall become null and void in the event that the subject project is not approved or instituted as a rental project. In such event, Concept Plan 03-003 shall remain unchanged and the original approval (Resolution No. 3951, which approved the subject senior units for ownership tenure), shall remain valid. (1) 1.5 Approval of Amendment to Concept Plan 03-003 shall be contingent upon all conditions of approval contained within Resolution Nos. 10-33 and 10-35. (***) 1.6 Condition 4.1 of Resolution No. 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 and provide security for its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure Program as required by Condition 4.1 of Resolution No. 10-34 Page 2 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. 10-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING AMENDMENT TO RESOLUTION NOS. 05-40 AND 06-17, WHICH APPROVED TENTATIVE TRACT MAP AND FINAL TRACT MAP 16581 RESPECTIVELY, 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) AND AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE HOUSING AGREEMENT FOR COLUMBUS SQUARE INCLUDING THE REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR RENTAL UNITS. The City Council of the City of Tustin does hereby resolve as follows: The City Council 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 at the December 8, 2009, meeting, 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 on January 26, 2010, the Planning Commission held a continued public hearing on the item and continued the item for sixty (60) days to allow staff, the applicant, and residents to conduct further research and report back on subjects raised at the hearing; . Resolution No. 10-35 Amendment to TTM 16581 Page 2 F. That on March 23, 2010, the Planning Commission conducted a second continued public hearing on the item and adopted Resolution No. 4134 recommending that the City Council deny CUP 09-024, Amendment to CP 03-003, and Amendment to Tract Map 16581 for the subject project for apartments or rental tenure, and approve DR 09-024, and CUP 09-024 as it relates to parking, authorizing the development of a 240-unit age-restricted senior residential condominium complex including 153 affordable units, recreation center, and associated infrastructure and site improvements on Lot 265 of Tract 16581; G. That a public hearing on the matter was duly called, noticed, and held for said application on April 20, 2010, by the City Council; H. 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; 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; J. That as proposed and conditioned, the subject property would not be annexed into the master association and would alternatively utilize a recorded agreement between the Columbus Square Master Community Association (CSMCA) and the property owner of Lot 265 to ensure a no-net-change result for other homeowners in Columbus Square; K. 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; L. That the proposed project necessitates text amendments to Resolution No. 05-40 which approved Tentative Tract Map 16581; M. 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; N. That should the proposed rental tenure not be carried out or instituted, the project approval shall remain valid for the development of 240 age-restricted Resolution No. 10-35 Amendment to TTM 16581 Page 3 senior condominium units, as was originally intended and approved for the project site; O. 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 City Council hereby authorizes the City Manager, or his designee to execute the First Amendment to the Housing Agreement for Columbus Square on behalf of the City of Tustin. III. The City Council hereby authorizes the City Manager, or his designee to execute the Regulatory Agreement and Declaration of Restrictive Covenants on behalf of the City of Tustin setting forth provisions for affordable rental housing restrictions for Coventry Court project. IV. The City Council hereby approves amendment to Resolution Nos. 05-40 and 06- 17, 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. 10-35 Amendment to TTM 16581 Page 4 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 20th day of April, 2010. JERRY AMANTE MAYOR PAMELA 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. 10-35 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of April, 2010, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A RESOLUTION NO. 10-35 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 Resolution No. 06-17 approving FTM 16581 for the Columbus Square community shall remain applicable, as herein modified. (1) 1.2 Approval of Resolution No. 10-35 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 the change from condominium to apartment units, 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. 10-35 TTM 16581 Page 2 (1) 1.6 Resolution No. 10-35 shall become null and void in the event that Resolution No. 10-33 approving Conditional Use Permit 09-024 and Design Review 09-024 and Resolution No. 10-34 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 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 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. (***) 1.8 Should the project as proposed for rental tenure not be instituted or carried out, the subject approval shall be considered valid for ownership tenure (240 condominium units) as originally intended and approved for the project site. However, notwithstanding such an obligation to develop condominiums for ownership tenure, non condominium unit shall be sold except with the approval of the City. (***) 1.9 No further building permits shall be issued for any portion of Tract 16581 until the balance of market-rate and affordable units within the entirety of Tract 16581 is reasonably in proportion, as determined by the Director of Community Development. The applicant shall submit a revised phasing plan, for review and approval of the Community Development Department, reflecting phasing in conformance with this condition, prior to the issuance of any further building permit in Tract 16581. 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 Exhibit A Resolution No. 10-35 TTM 16581 Page 3 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 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. 10-33 including all Attorney and Special Counsel fees associated with the review of the project. Attachment L Letter from Lennar requesting continuance April 13, 2010 Page 1 of 3 April 13, 2010 ~ECEI~/E~ VIA EMAIL DELIVERY Hon. Mayor and City Council Members City of Tustin 300 Centennial Way Tustin, CA 92780 Re: Request for Continuance Honorable Mayor Amante and City Council Members: APR 14 2010 COMMUNITY DEVELOPMENT DEPT" As you may know, Lennar Homes is a member of Tustin Coventry, LLC ("Coventry"), which is the applicant for purposes of Conditional Use Permit 09-024, Amendment to Tract Map 16581, and Amendment to Concept Plan 03-003 (collectively, the "Project Approvals"). After continuing the hearing on the Project Approvals several times, on March 23, 2010, the Tustin Planning Commission adopted Resolution No. 4134 (attached to this letter as Attachment 1) recommending that the City Council deny the Project Approvals. This matter is currently set to go before the City Council at its April 20, 2010, meeting. This letter is to request that the City Council continue this matter to a later date because Coventry is continuing to meet with residents on this matter in an attempt to resolve outstandin ig sues. Currently, Coventry has presentations and/or meetings with the community about this project scheduled for the following dates, times, and locations: April 21St, 6:00 p.m., at the Meriwether HOA board meeting; May 13th, 6:00 p.m., at the Cambridge Lane HOA board meeting; and May 18th, 6:00 p.m., at the Camden Place HOA board meeting. In addition, we are in the process of confirming our ability to give a presentation about this project at the Columbus Square Community Association late in April. By continuing the City Council's consideration of this item to a later date, it will give Coventry the opportunity to attend these meetings and meet with various groups about the community's concerns. We would also like to take this opportunity to make you aware that Coventry strongly disagrees with several of the findings and conditions contained in the Planning Commission's Resolution No. 4134. First, finding I(J) on page 2 references Condition 1.2 of a previous City Council resolution, Resolution No. 4014, which required the applicant to obtain permits and have substantial construction underway within 24 months of the approval of Resolution No. 4014. Finding I(K) then correctly states that some building permits were applied for, approved, and issued, and that a building was constructed. Then, finding I(L) concludes that Design Review OS-019 and Conditional Use Permit OS-037 for Coventry Court have "lapsed" because not all permits have been issued and only one building has been built so far. California Coastal • 25 Enterprise, Suite 300, Aliso Viejo, CA 92656 • Main: 949-349-8000 LENNAR.COM ~n~ Page 2 of 3 This conclusion is inconsistent with well-established California law on vested rights for development. Nowhere in Resolution No. 4014 did it require that all permits be issued within 24 months. Nor did Resolution No. 4014 define what "substantial construction" meant. Coventry has completed an entire building and the City has issued certificates of occupancy for the that building. In addition to the completed building, Coventry has constructed significant infrastructure at the site. Coventry has spent substantial hard costs in reliance on the approvals it obtained in Resolution No. 4014, and has completed significant building and infrastructure construction at the site (particularly given the poor state of the housing market over the past several years). Therefore, Coventry disputes this finding that some of the entitlements have "lapsed," and believes such a finding is contrary to California law. Second, in recommending denial of the Project Approvals, the Planning Commission found that Coventry's application to convert the project from afor-sale product to a rental product would be "detrimental to the health, safety, morals, comfort, or general welfare" of the existing neighborhood residents. (See finding R on pp. 4-5.) However, the "findings" to support this conclusion are illusory. The findings make allegations of unduly burdensome treatment on certain residents, and state that the change from for-sale to rental product would result in a "change in operational characteristics" that will be detrimental to the community. However, the findings fail to explain the basis or support for these conclusions. An additional concern exists regarding Condition 4.9 (included in Exhibit "A" to Resolution 4134). Coventry believes this condition is improper, and is likely included because Lennar is a member of Coventry, and is also a member of Marble Mountain Partners, LLC, which is currently in litigation with the City in the pending Case No. 30- 2008-00116681 over the very same issues contained in Condition 4.9. Condition 4.9 "incorporates by reference" Condition No. 4.1 of Resolution OS-40 approving Tentative Tract Map 16581, that conditioned the applicant for that Resolution to "fund its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure Program," including "adjustments" made by the City to the Backbone Program on Apri13, 2006, and September 2, 2008," and any "future increases" to the applicant's Fair Share Contribution allocations. However, Coventry was not the applicant for purposes of Resolution No. 05- 40. Therefore the condition appears to improperly pass any purported "Fair Share Contribution" obligations under the Program on to Coventry who is not a participant in the Program. In addition, Coventry has never been 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, Coventry requests that this condition be removed in its entirety. At the time the Project Approvals went to the Planning Commission for consideration, Coventry specifically pointed out this issue in several letters to the Planning Commission, and requested that the following sentence be added to the end of Condition No. 4.9: Page 3 of 3 "Nothing herein shall affect or prejudice the rights of the parties in the pending litigation of Marble Mountain Partners LLC v CitLof Tustin et al. Case No. 30-2008- 00116681 filed in Orange Count~perior Court on December 29, 2008." Despite Coventry's reasonable request given the pending litigation, the Planning Commission did not include the additional sentence in Condition 4.9. The inclusion of the additional language should not be an issue assuming the City does not intend to affect Marble Mountain's rights by including Condition 4.9 in Resolution 4134. Based on the foregoing, Coventry believes that a continuance would benefit all parties involved by giving Coventry additional opportunities to meet with residents and work through outstanding community concerns. In addition, Coventry would like more time to work with City staff on the items discussed above. Therefore, Coventry respectfully requests that the City Council's consideration of the Project Approvals be continued to a later date mutually agreed upon by City staff and Coventry personnel. Very truly yours, onna Kelly Vice President of Com nity Development cc: Tustin Planning Commission William Huston, City Manager Christine Shingleton, Assistant City Manager Elizabeth Binsack, Community Development Director a-r~-~cnM~~lT z RESOLUTION N0.4134 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL DENY CONDITIONAL USE PERMIT (CUP) 09-024, AMENDMENT TO CONCEPT PLAN (CP) 03-003, AND AMENDMENT TO TRACT MAP (TM) 16581, FOR THE SUBJECT PROJECT AS APARTMENTS OR FOR RENTAL TENURE, AND APPROVE DESIGN REVIEW 09-024 AND CONDITIONAL USE PERMIT 09-024 AS IT RELATES TO PARKING, AUTHORIZING THE DEVELOPMENT OF A 240-UNIT SENIOR RESIDENTIAL CONDOMINIUM 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 at the December 8, 2009, meeting, 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 on January 26, 2010, the Planning Commission held a continued public hearing on the item and continued the item for sixty (60) days to allow staff, the applicant, and residents to conduct further research and report back on subjects raised at the hearing; PC Resolution Nay. 4134 DR 09-024 and Ct11P 09-024 Page 2 F. That: on March 23, 2010, the Planning Commission conducted a second continued public hearing on the item; G. That: the site is located within Tract 16581 previously approved by City Council Resolution No. 05-40 and Concept Plan 03-003 approved by Planing 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 unites for ownership tenure of which 153 units are designated as affordable units; H. That: pursuant to Condition 2.2 ofi Resolution No. 05-40 approving TTM 1651, a Conditional Use Permit is required to permit a reduction in the num~lber 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 conj:~nction with Design Review 05-019, authorizing a parking standard of 1.7 spaces per unit for the senior condominium development; I. Thai the senior housing project was originally approved by Planning Corrr~amission 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; J. Thatr pursuant to Condition 1.2 of Resolution No. 4014, permits must be obt~.~ined and substantial construction underway within 24 months; K. Tha~~ some building permits were applied for, approved, and issued; and one (1) +~f the ten (10) buildings was constructed but the developer chose not to obt~~in additional permits or continue construction at Coventry Court; L. Tha~~ since development at Coventry Court was discontinued, Design Review 05-~19 and Conditional Use Permit 05-037 for Coventry Court are considered to I-ve lapsed, but the obligation to construct senior housing and affordable units as required in the conditions of the earlier approvals remains in effect; M. That new applications (DR 09-024, CUP 09-024, and Amendments to TM 16St~1 and CP 03-003) for continued development of the project and change in tenure type from ownership to rental are proposed; N. 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; PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 3 O. That the proposed project is part of Tract 16581; thus all applicable conditions from City Council Resolution No. 05-40 for approval of Tentative Tract Map 16581 and Resolution No. 06-17 for approval of Final Tract Map 16581 remain applicable to the proposed project; P. 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 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 shall be applicable to the subject project; Q. That for Design Review 09-024, 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 condominium development as conditioned (senior condominiums) is a permitted use in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, 2. As conditioned, the proposed senior condominium 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 senior condominium 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. PC Resolutiton No. 4134 DR 09-024 and CUP 09-024 Page 4 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 the neighborhood. I) 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. R. That for Conditional Use Permit 09-024 requesting approval of the subject ;project as apartments/for rental tenure, pursuant to Tustin City Code Section 9291, the proposed senior apartment housing development for rental tenure would be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, and 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. The 240-unit senior residential project was originally considered in concept and plan as a part of the greater Villages of Columbus which were proposed as 100% ownership units and apartments were not considered as part of the original development plan; 2. The change from ownership to rental tenure is not a minor amendment to the project and will result in a change in the operational characteristics and intent of the project as previously considered and approved and will therefore cause a detriment to the general welfare of persons residing in the neighborhood; 3. The project as proposed will cause detriment to the property in the neighborhood of the subject property in that the proposed project will adversely impact the community master association and all of its members in terms of voting rights and dues. The project, as proposed with a 2:1 ratio of assessments and voting rights within the master community association, will result in an unwarranted increase in monthly association dues over the life of the project and will unduly alter the balance of voting rights within the association by concentrating 120 voting rights into one entity (e.g., the future owner of the 240-unit senior apartment project). Many of those individuals PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 5 who purchased their existing individual interests in the development were not adequately informed that association voting rights might be concentrated in a single owner in this fashion; 4. An alternative proposal made by the applicant after the January 26, 2010, public hearing would not annex the proposed senior apartment complex to the community master association but would require the senior complex to to enter into an agreement to pay the master community association amounts equivalent to 240 assessments toward association maintenance costs. Such a proposal would permanently and unfairly burden the senior housing complex to fun association maintenance costs. Such a proposal would permanently and unfairly burden the senior housing complex to fund association maintenance costs but without representation of the senior complex and its residents in association elections; 5. Many of the current residents in the various neighborhoods of Columbus Square were ensured at the time of their purchase by the master developer and/or neighborhood builders verbally and in writing that the Columbus Square community was strictly for ownership tenure only and that no apartments were a part of the development plan. That a change in tenure type for 240 of the 1,075 units in Columbus Square to rentals will cause detriment to the comfort and welfare of the persons residing in the neighborhood of the subject property, as has been expressed by numerous property owner/residents in writing incorporated herein to the City and during the three public hearings held on the item; 6. The applicant's existing obligation to construct individually-owned senior condominiums: (a) established a better and fairer balance between voting rights and financial commitments for association costs; (b) maintains voting rights in a manner that does not result in undue concentration of voting rights in one entity; and (c) is in keeping with the expectations of the existing association members regarding assessments and future voting rights. 7. 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 and the Housing Element identified Coventry Court as an implementation project to meet the City's housing projections and goals. However, the senior project can serve to benefit the target population as originally intended through ownership without the proposed change to rental tenure; S. That the 240 multiple family attached senior housing units for ownership tenure were a part of the subdivision of 105.5 acres and development of 1,075 residential units at the Columbus Square site, 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 as PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 7 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 23~d day of March, 2010. ~ ~/ I ~ ~ ~ ELWYN AQ"AL"MURRAY Chairperson ~~~ o ~~~ 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 23~d day of March, 2010. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4134 DESIGN REVIEW 09-024 AND CONDITIONAL USE PERMIT 09-024 RECOMMENDED 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 [date of approval], 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 of the date of approval. 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 and Conditional Use Permit 09-024 are 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 DR 09-024 and CUP 09-024, 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 ownership 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 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 and Conditional Use Permit 09-024, as may be modified herein. (***) 1.10 The senior condominium development is proposed to be developed strictly as a senior complex with parking concession of 1.7 parking ratio per unit per CUP 09-024. Accordingly the senior 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 upon each condominium unit by the applicant prior to issuance of a building permit. DESIGN REVIEW (4) 1.11 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 3 (4) 1.12 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) 1.13 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 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 PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 4 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 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 5 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. 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 6 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 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: PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 7 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. 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 8 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. 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 9 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 sold. (**") 6.2 No further building permits shall be issued for any portion of Tract 16581 until the balance of market-rate and affordable units within the entirety of Tract 16581 is reasonably in proportion, as determined by the Director of Community Development. The applicant shall submit a revised phasing plan, for review and approval by the Community Development Department, reflecting phasing in conformance with this condition, prior to the issuance of any further building permits in Tract 16581. LANDSCAPING/HARDSCAPE (1) 7.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: ^ Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. ^ Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. ^ Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. ^ The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. ^ 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 10 ^ 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 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 homeowner's association governing Lot 265 ("HOA") 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 association or CC&R documents. • The HOA shall ensure that required parking is provided to residents, 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. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 11 • The HOA 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. ORANGE COUNTY FIRE AUTHORITY (5) 9.1 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) 9.2 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) 9.3 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) 9.4 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) 9.5 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 12 (5) 9.6 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) 9.7 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) 9.8 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) 9.9 Prior to the issuance of a precise grading permit or building permit, the applicant shall submit and obtain approval of the Fire Chief and City Staff of plans for all public or private access roads, streets and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When adead- end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. Applicable CC&R'S or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 9.10 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) 9.11 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) 9.12 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 13 other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes, and an enforcement method. (5) 9.13 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) 9.14 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) 9.15 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) 9.16 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) 9.17 This system shall be operational prior to the issuance of a certificate of occupancy. NOISE (1) 10.1 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) 10.2 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) 10.3 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 14 PUBLIC SAFETY (4) 11.1 Required lighting shall landscaping and possible be shown on lighting ar submittal. ENVIRONMENTAL e installed so as not to be in conflict with reduced lighting output. Evidence of such shall d landscape plans at the time of plan check (1) 12.1 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 shalt 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 PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 15 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. 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 Couniy 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.