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01 CONT. PUBLIC HEARING FOR CONDITIONAL USE PERMIT 09-024, DESIGN REVIEW 09-024, AMEND TO TRACT MAP 16581, & AMEND TO CONCEPT PLAN 03-003
AGENDA REPORT MEETING DATE: JULY 7, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT Agenda Item 1 Reviewed.' City Manager Finance Director SUBJECT: CONTINUED PUBLIC HEARING FOR CONDITIONAL USE PERMIT 09- 024, DESIGN REVIEW 09-024, AMENDMENT TO TRACT MAP 16581, AND AMENDMENT TO CONCEPT PLAN 03-003 APPLICANT: LENNAR HOMES OF CALIFORNIA MANAGING MEMBER OF TUSTIN COVENTRY, LLC C/O DONNA KELLY 25 ENTERPRISE ALISO VIEJO, CA 92656 PROPERTY OWNER: DEVELOPER/ FUTURE PROPERTY OWNER: PROPOSED PROJECT/ PROPERTY MANAGER: SUMMARY 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 July 7, 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 C) 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. The City Council held a public hearing on the subject item on April 20, 2010, and continued the item to a special City Council meeting on July 7, 2010 to allow staff to provide the City Council with information related to the City's affordable housing obligation, the affordable housing obligation specifically for the Villages of Columbus (Columbus Square and Columbus Grove) and the status of development at the Villages of Columbus. REQUEST FOR CONTINUANCE On June 30, 2010 and July 1, 2010, the Columbus Square Community Association Ad Hoc Coventry Court Committee and Columbus Square Community Association, respectively submitted a letter (Attachment G) requesting continuance of the item from the July 7, 2010 to a later date to allow time for the Ad Hoc Committee to meet with Lennar Homes to discuss proposed conditions of approval of CUP 09-024. RECOMMENDATION The City Council may take either action 1, 2, or 3 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. Adopt Resolution Nos. 10-33 , 10-34, and 10-35 approving the project as follows: City Council Report July 7, 2010 Coventry Court Page ~ 3 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. 3. Other action as deemed appropriate. FISCAL IMPACT The applicant has paid application fees related to this item. BACKGROUND AND DISCUSSION This report provides the following discussion: • Overall current project proposal • Project comparison table • Summary of issues raised • City Council's requested information • Events and outreach occurring subsequent to the City Council April 20, 2010. Attachment A of this staff report provides the City Council with previous Planning Commission and City Council staff reports with full project-specific details and discussion. Project Proposal The project proposal involves the development of 240 units (24 units have been constructed, 216 remain to be constructed) 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 City Council Report July 7, 2010 Coventry Court Page ~ 4 (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. While the developer has requested approval to resume the development as previously approved, the developer is requesting authorization to modify the project's prior requirement for ownership tenure only. The developer is now proposing that the 240 units 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. 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. _..±~ ~ °' w ~ ~ .Y ~; 1 1 ~. V fr `_ u` Figure 1. Constructed building at Coventry Court 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. City Council Report July 7, 2010 Coventry Court Page ~ 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. 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. Issues Raised at prior Public Hearings Several issues were raised at the Planning Commission and City Council public hearings, and in correspondence submitted for consideration by the City Council. The issues are summarized and discussed below: 1. Homebuyer disclosure and notification documents CSMCA: Columbus Square Master Community Association z CFD: Community Facilities District City Council Report July 7, 2010 Coventry Court Page ~ 6 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 documents from the homebuilders which contain varying language, specifically regarding rentals within the Community. Response: 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. First version of the document 8/11/06 First appearance of language that Neighborhood Builders may rename, sell, or not build the listed neighborhoods at all Substantially the same as prior version First appearance of "rental" language at the Active Adult Also contains rental language 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. City Council Report July 7, 2010 Coventry Court Page 17 Response: The applicant proposes to not annex Coventry into the master association and alternatively use a recorded agreement between the Columbus Square Master Community Association (CSMCA) and the property owner of Lot 265 that would result in the future owner of the 240-unit apartment complex paying full assessments while ensuring rights and commitments 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. Specific terms of the agreement are discussed in the Mutual Benefit Agreement section in this report. 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. Response: 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 tenure, this requirement could be included in the lease agreement and be enforceable by the property manager. The number of vehicles permitted may also be restricted under rental tenure. 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 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 master plan Villages of Columbus project. At the time of the approval, the master developer requested and the City was required to grant a density bonus in return for the production of affordable housing which included incentives such as density bonus units, density averaging, concentration of affordable units in the senior product, parkland credit, and transfer of affordable units. The senior component of City Council Report July 7, 2010 Coventry Court Page 18 the master plan was also approved with reduced parking due to the nature of the project as a senior affordable development. For these reasons, the project must remain as a senior housing development for persons of fifty-five (55) years or older where at least one person is 55 years of age 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. To ensure that the project remains as a senior development, proposed Condition 1.10 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. Response: 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 ownership 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. Staff Response: As indicated in the Parking section and Parking Study (Attachment A), 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 City Council Report July 7, 2010 Coventry Court Page ( 9 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 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, to address and mitigate 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. City Council Report July 7, 2010 Coventry Court Page ~ 10 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 related to the fair share contribution to the Tustin Legacy Backbone Infrastructure. Response: Staff has modified the applicable conditions. City Council Requested Information At the April 20, 2010 hearing, the City Council requested information related to the City's affordable housing obligation, the affordable housing obligation specifically for the Villages of Columbus (Columbus Square and Columbus Grove) and the status of development at the Villages of Columbus. The City Council's requested information and questions were addressed in the PowerPoint presentation handout (Attachment D) and will be presented at the July 7, 2010 meeting as well. Events and Community Outreach Occurring Subsequent to the City Council Meeting of April 20, 2010 Following the City Council meeting of April 20, 2010, the City staff conducted a community workshop on June 16, 2010 and the applicant conducted various community outreach efforts. These events and associated issues raised are summarized and discussed below. • City's Community Workshop On June 16, 2010, a workshop hosted by City Staff was conducted at the Columbus Square Village Conservatory Clubhouse within the Columbus Square community. The City invited all interested homeowners and residents of the Villages of Columbus to this workshop to discuss: • Status of development at Tustin Legacy and the history to development at Villages of Columbus • Status of affordable housing requirements for the City, Tustin Legacy, and Villages of Columbus • The proposed Coventry Court project Attachment D is a copy of the workshop invitation and PowerPoint presentation handouts. The workshop was attended by approximately thirty (30) individuals. Several individuals questioned staff on the status of Tustin Legacy planned parks, schools, and streets. General questions, comments, and concerns related to Coventry in particular and Villages of Columbus as a whole are summarized as follows: Comment: A question was raised as to why the City allowed the transfer of affordable units from Columbus Grove to Columbus Square. City Council Report July 7, 2010 Coventry Court Page 111 Response: The Villages of Columbus (Columbus Square and Grove) was approved as one community. The community was envisioned as a master plan community in which a variety of housing types are provided to meet the needs of all socio-economic groups (e.g. single family detached, carriage way units, triplexes, motor-court townhomes, tuck-under townhomes, and senior housing). The master plan also was envisioned to provide one (1) senior housing (special needs group) close to transit facility, fire station, local parks, and convenient shopping and services. At time of entitlement, the developer requested density bonuses in return for providing affordable housing at Villages of Columbus. As prescribed by the State's Density Bonus Law which the City is subjected to, the City should also grant concessions requested by developer unless determined to result in adverse impact. Since the requested transfer was determined to be reasonable based upon the proposed density, location, product type, and proposed phasing, the City Council granted the requested incentives which included the transfer of twenty-five (25) affordable units from Columbus Grove to Columbus Square. 2. Comment: An individual commented that the concentration of affordable units at Coventry is a result of concession granted to developer in which a contractual agreement was entered between the City and developer. Thus, the developer in this case is not meeting the terms of the executed contractual agreement. Response: The developer entered into a Housing Agreement ensure the construction and the availability of affordable housing approved by the City Council. The developer's obligation for affordable units remains. with the City to as required and the provision of 3. Comment: The City should not take actions on the project until an agreement between Lennar and the HOA is reached. Response: Following the City Council meeting, City staff, on several occasions, asked Lennar to provide a copy of the Mutual Benefit Agreement as stipulated at the Planning Commission and City Council public hearings. Lennar provided staff with the draft terms of the Agreement and a draft copy of the Mutual Benefit Agreement on June 25, 2010. At the time of the staff report preparation, it is staff's understanding that Lennar had yet to meet with the Columbus Square appointed committee responsible for this specific issue on July 1, 2010. As the Special meeting to consider the project is set for July 7, 2009, no consensual agreement between Lennar and the Columbus Square Association has been reached. The draft Agreement is attached as Attachment F. 4. Comment: An individual indicated that the City should give Lennar a deadline to perform. Response: Although the development at Coventry Court has lapsed, Lennar is still pursuing approval to resume the project. Accordingly, the City in its fiduciary duty City Council Report July 7, 2010 Coventry Court Page 112 is required to provide Lennar with due process in requesting amendment to its project. 5. Comment: An individual indicated that if the delay is related to the economy, the residents are okay with halted construction. Response: The developer has indicated that the project as affordable ownership senior housing is difficult to sell. Although current economic condition is one of the factors, another challenge is to find qualified seniors for the affordable units. For this reason, Lennar proposes the change from ownership to rental tenure. 6. Comment: Several individuals asked if Coventry does not proceed, what are the alternatives other than dispensing affordable units in other parts of the community? Response: Currently there are three (3) remaining product types not built within the Columbus Square. These product types are: Augusta (formerly Astoria), Mirabella, and Coventry Court. If Coventry Court does not proceed; the developer would need to come up with alternatives to comply with the affordable housing obligations. Other than dispensing affordable units to the vacant sites, the developer could purchase existing homes and convert them into affordable units. This approach however would be highly impracticable and difficult to achieve as several entitlements and disclosures would be necessary. 7. Comment: Several individuals asked if there are other options. Response: At this time, the City is required to consider the proposal requested by the applicant and Lennar as the applicant is entitled to due process of this request. Should the request be denied by the City Council, the Marble Mountain Partnership with Lennar as their managing member would have the option to build as originally approved (senior condominium) or propose alternatives for City's consideration as affordable housing obligation remains. • Lennar's Community Outreach Lennar presented Coventry Senior proposals to the CSMCA and various sub- associations within the Columbus Square as follows: o April 28: Presentation/questions and answers to Columbus Square Master HOA (Approx.64 residents attended) o May 13: Presentation/questions and answers to Cambridge Lane Board and members (6 residents attended) o May 18: Presentation /questions and answers to Camden Place Board and members (8 residents attended) o June 15: Meeting scheduled with Veranda homeowners since they have no sub-association (1 resident* attended) City Council Report July 7, 2010 Coventry Court Page ~ 13 o June 19: Open House at Coventry with tour of the model units and explanations of rental opportunities and constraints to ownership (Approx. 60 residents and family members attended) o June 28: Meeting at Coventry with Meriwether residents (Approx. 13 residents attended) o July 1: Master Association Committee Meeting scheduled with to discuss an agreement** * Invitations to Veranda homeowners were hand delivered twice to the homes adjacent to Coventry requesting RSVP's and only one responded and attended ** Multiple requests were made to the Master HOA Board and Association manager for a meeting with a committee or community members to discuss an agreement. Attachment F is a copy of letter dated June 28, 2010, addressed to the residents of Columbus Square identifying meetings and events held by Lennar regarding Coventry project along with a copy of Commitment letter from Meta Housing Corporation and basic terms of the proposed Mutual Benefit Agreement. The following are the terms proposed in the Agreement. 1. The Coventry land, if approved by the City as an age-restricted apartment project with "affordable" units (Coventry), will not be annexed to the Columbus Square Community Association. 2. Tustin Coventry Seniors, LLC (Coventry Owner), will not be a member of the Columbus Square Community Association (Master Association), no assessments shall be levied by the Master Association against the Coventry property, and votes in the Master Association shall not be exercised by the Coventry Owner. 3. The Coventry Owner will enter into a recorded, perpetual Agreement with the Master Association, which Agreement shall run with the land pursuant to Section 845 and 1468 of the Civil Code, containing the following material provisions: a. The Coventry Owner will pay to the Master Association an amount equal to one assessment unit for each rental unit. Assessments for each rental unit will commence upon the first occupancy of the rental unit and will continue regardless of occupancy thereafter. b. The renters may use the Master Association facilities on the same basis as all members of the Master Association. c. All successors and assigns shall be bound by this Agreement. d. The Coventry Owner/Management will ensure that the Parking Management Plan, approved by the City of Tustin Community City Council Report July 7, 2010 Coventry Court Pagel14 Development department will be enforced and that surrounding properties will not be negatively impacted by parking behavior of Coventry tenants or guests. e. The Coventry property will provide 409 parking spaces of which 200 spaces are enclosed garages, 40 spaces are carports, 130 open parking spaces, 10 ADA accessible parking spaces and 1 ADA van accessible space on-site while it also incorporates 28 parallel street parking spaces along Cambridge Street and Charleston Street immediately adjacent to the property. Of these 409 parking spaces, 36 shall be set aside as guest spaces, and six (6) spaces shall be set aside for employees. f. The Coventry Owner will not permit residents to own and maintain any more than 367 vehicles on-site at any given time. On June 25, 2010, Lennar provided the City with a copy of the draft Mutual Benefit Agreement (Attachment F). All the basic terms have been included in the Agreement. Further, should the Council approve the project as rental tenure, Condition 2.1 has been included as Attachment I that contains all of the minimum terms of the Agreement subject to review and approval by the City. Lennar indicated that a meeting with CSMCA Ad Hoc Committee to discuss the terms of the Agreement has been set for July 1, 2010. The Chairperson of the Ad Hoc Committee submitted a letter dated June 29, 2010 received by the City on June 30, 2010 (Attachment G), requesting a continuance of the City Council Special meeting to consider the subject project to a later date to allow time for the Ad Hoc Committee to meet with Lennar. Elizabeth A. Binsack Community Development Director J ina Willkom Principal Planner Attachments: A. Report to the City Council dated April 20, 2010 and reports to the Planning Commission dated December 8, 2009, January 26, 2010, and March 23, 2010 B. Location Map C. Planning Commission Resolution No. 4134 D. City Workshop Invitation and PowerPoint presentation materials E. Letter from Carol McDermott of Government Solutions addressed to the residents of Columbus Square dated June 28, 2010 and copy of invitations to outreach meetings F. Draft Mutual Benefit Agreement and Use and Access Easements G. Letter from Columbus Square Community Association Ad Hoc Coventry Court Committee dated June 29, 2010 and Letter from Columbus Square Community Association received on July 1, 2010. City Council Report July 7, 2010 Coventry Court Page 115 H. City Council (draft) Resolution No. 10-33 (Alternative 1: denial of project for rental tenure, approval of project for ownership tenure) I. City Council (draft) Resolution Nos. 10-33, 10-34, 10-35 (Alternative 2: approval of project for rental tenure) ATTACHMENT A Report to the City Council dated April 20, 2010 and reports to the Planning Commission dated December 8, 2009, January 26, 2010, and 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 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/weblink/browse.aspx 3. Accessible through "Community Development Project in Process" on the City's website: http://www.tustinca.org/departments/commdev/ProiectslnProcess/viewProlects.aspx ATTACHMENT B Location Map ]~tt LOCATION MAP ,y ry COVENTRY COURT AT COLUMBUS SQUARE Ir *~y PROJECT NO.: CUy~P 09-024, DpR 09-0124 W~ 14J I'~W~~i-..°~.51r,~F~~ ,~i~ 1 f I 3.i s~19 ~'+P ,S~~j:1~.. ~i d~:~!'~~~Hd~~f ~ ~'i ~~lwl ~~ /'{ /: ~~. PJ~. ~~~ ~~ ~ ~ ~ ~ ~ °~~ ~~ ~ ~ t '`a <. ~ X COLUMBUS' c ., 1 '-' ~ ,~., 'PY ~~ ~ , ~ ~ _' ~ /~ ~~ `'-i~ - , ~ ,_ ~~ ~~ "e°ane... e..m~xe~ ~ ATTACHMENT C Planning Commission Resolution No. 4134 RESOLUTION NO. 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 23rd 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 23rd day of March, 2010. ~~~.~~~ 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 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. E (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 t (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 walllfences 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 parkirig enforcement, etc. PC Resolution No. 4134 DR 09-024 and CUP 09-024 Page 11 1 • The HOA shall be responsible for monitoring and enforcing all parking i 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 far 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 8~ 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 afire 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. 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 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 Palentotogical 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 f 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. 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 interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ATTACHMENT D Lennar's letter of justification 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, 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 rnmmunity 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 Reguest 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, Aliso Viejo, CA 92656 • Phone: (949) 349-8000 • Fax: (949) 349-0798 L. F ri~ hd !a i ~P . C O M1~ A 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 Application ^ 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 omes of California c. V 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 t F.rLa~r.ra.co~s ATTACHMENT D City Workshop Invitation and PowerPoint presentation materials COVENTRY COURT SENIOR PROJECT WORKSHOP DATE: ~~~1/ednesday, June 16, 2010 TIME: °~~00 p.m. LOCATION: Columbus Square Village ~~~~r~~~~~~ Clubhouse City of Tustin Community Development Department Contact: Justina Willkom, Principal Planner (714) 573-3115 jwillkom@tustinca.org The City of Tustin invites all interested home- ownersand residents of the Villages of Columbus to a courtesy workshop to discuss: . Status of development and affordable housing requirements at Tustin Legacy and the Villages of Columbus The proposed Lennar 240-unit senior housing project in Columbus Square . Answer questions you may have 0/16/2010 ~~~'`` i~ ~ g ~ ~~ S n~dti Workshop June 16, 2010 -~ T ,~. -~ ~a ~ 7~ z i `~ ~~( r~ ~ i I"'" . ~~ ~~ mm~ ~, ~ ~ / `/` f ~ 'ter ~~~ T~ icy c~ What is MCAS Tustin Specific Plan ~ Status of Tustin Legacy ~~~ Why Affordable Housing c.~ Status of Villages of Columbus ~~ Coventry Court Proposal ~~~ Questions and Answers 1 00/10/2010 ~~~`~ - _ _ __ __ __ __ ~zy, ®n July 2, 1999, the Marine Corps Air Station (MCAS), Tustin was realigned and closed. «> The Department of Defense required City to prepare reuse planning document as a guide for the conversion of the base from military to civilian use. cM7 The MCAS Tustin Specific Plan/Reuse Plan was adopted in 2003 as mandated by the federal government. ~1~~ c? The zoning and rules that govern Tustin Legacy It includes detailed planning, policies, regulations, implementation strategies, and procedures necessary to guide the development of Tustin Legacy such as: • Development standards (setbacks, parking, landscaping, etc.) • Affordable housing as mandated by the State • Redevelopment Laws as mandated by the federal and State laws • Housing Element goals and objectives • Capital and Infrastructure Improvements (roads, water, sewer, and other utilities) 06/16/2010 Why is ~~~ Implements federal and state mandates ~y, Establishes the intent of the Plan in terms of future land use u Provides overall understanding of the quality and character of the uses, level of services, and infrastructure envisioned for the area Ensures orderly development of the area c> Provides a variety of housing and employment opportunities, educational, and community support uses to complement as well as strengthen the economic base of the area 3 06/16/2010 UNITS gFFORDgBLE Fp FORU EFFORO, R ENTWL EV PMENT gPPROVfD UNIT¢ PERM T6166UE0 UNR'B COMPLETE INCOMPLETE UNITE CEO gg~7E WCOMPLfTE JOHN LAINOI 3M 3]S 3T6 0 ]d 78 0 JOHN LAING II 189 1B9 189 0 aD 4a 6 COWMSUS SOU(RE' 1,0]5 ]35 ]35 340 266' 12d 113 COLUMBUS GROVE 465 381 381 84 42 42 25- NSTINLEGACYPARTNER6 2,105 2.105 4S3 0 453 TOTAL TO DATE 21A5 L&91 1.d@I ~ ~ TOTAL UNITS AUTHORIZED BY SPECIFIC PLAN 4,210 B]9 MA%. UNITS AUTHORIZED FOR OCCUPANCY'' 1,881 In. r ` 4n i l =... OEVELOEN~Py SWAREOFO~OTAOE C TTpN eWgflE FOOTgOE OCC~Q VE6TAR tO16,W0 COMPLETE 101326] TUBTIN LEOACV PARTNERS 6,]39,063 NBTR TNINAI USES 60UARE FOOTAGE B T@ ATUB OUME TAGE Of~UPIE4 VILLAGE OF HOPE 123,664 COMPLETE 123,fi64 ATEP (SOCCCD)PFeas1 14,8]8 COMPLETE 14,6]B ORANGE COUNTY SHERIFF'S DEPT. SB,OOD COMPLETE 56,000 OC SOCIAL SEflVICEB gGENDY 6],446 COMPLETE 5].446 TUBTIN UNIFIED SCHOOL DISTRICT 46eue HI9M1 SCM1OOI bile UNKNOWN iSave MNde eclpd 6Ye UNKNOWN iB~acre Herlage Elenenlary UNDER SMaal LONSTRIICTION CIttOF TUBTIN GOMMUNItt MASTE0. PLANNING PARK 2Sacre D4rll STAGE 4 o~e1 se~o1® 5 06/16/2010 6 0681682010 7 06/16/2010 06/16/2010 Z'Lt~~II°l ~ ._ ~.C~' Furore SJrool ;. ~a ~'~ J 1 L~ li f Hed[ege School '~~ ' Saes ~' ~ i, y.. ~µ ~ ~ ~', ~ s v !~ cx r ~ f~ i,, l - I:~, pups i uryc ~, tea,„~.:p. ~~'~~ ~ r " e ~ '~ ,~ ~ ~~ ~'~I ~ ~ i ~r.,G ~ ,~ 3,, , -f 11i4 f @ uwwxe ~ +~Y 5 ~r .- i r ,~ ~ ~~ .., p. ~~ ~ ~~.. II~r, n y ~ kt ~ ~ ~ ~~ ~' '-~`'°:`° r ~ {r, s _{~ i- M Developer: { Tustin Unified School District tY ,,f' ~ ~ School Sims: ~ ;/ ~ ~~, 40-Acre High School var,'^i' p~ ~ 15-Aa~e Middle School ~~ ..y ~` f';,;~ tU-Acre I leritage lilunentary Sdiool: Under consttucnon Z C ay+As ~~~ y i1~.i Punve School Constnmtion and Completion Schedule: ~s~ 4. , .g~{~ UnAnrnvn 9 06/10/2010 10 06/16/2010 fir 1 ~u~in ~° r .Federal laws require City to have strategies to address public benefit needs including, but not limited to, education, recreational/open space, housing, homeless needs, etc. (~ State laws require cities to provide adequate housing for all socio-economic groups ~~ Fair share obligations (Regional Housing Needs) c> MCAS Tustin Affordable Requirements (approx. ZO%) yy,, ;~~t .1~- ~ ~ r r ~ ~r"{9j i ~~ y :~. `~~~, yam! }~~•? ~, F"~' - pity's sp~.re cif affordable pausing City of Tustin Regional Housing Need 2006-2014 Income Level Income Number of Units Percentage Very Low (<50%of MFI) $48,500 512 21% LOW InCOme (50-80 % Of MFI) $74,400 410 17% Moderate Income (80-120% of MFI) $103,300 488 20% Upper Income (>120% of MFI) >$103,300 991 42% 2,381 100% MFI: Median Family Inwme (2008 Median Inwme E88,100) ' Family of tour (4) Source: SCAG Regional Housing Neetl Assessment, Cal'rfornia Housing and Community Davebpment 11 0/16/2010 ~~xti ~° Marke l Rale Affor dable V~ All Units Units Honsi09 Low Low Motlerete Total Total % Total % Income Income Income Units Units Unite John Leing Homes Fieltl I 376 296 79.3% 76 20.7% 22 12 44 Fleld II 169 149 78_8% 40 21_2% 11 10 79 Subtotal 565 447 79.1% 170 20.9% 33 22 63 Lennar/Lyon Columbus Square) 1077 817 75.3% 268 24.7% 61 125 60 Columbus Grovel 465 423 97.0% 42 9.0% 12 0 30 Subtotal 1542 7234 B0.0% 306 20.0% 73 125 110 Master Oeveloperf 2705 1652 76.5% 453 21.5% 126 94 233 TOTALS 4278 3333 79.7% 979 20.9% 232 741 409 iDenslly bonuses yrented. x253 RHwa~le units ere proposetl for rental tenure v~M 200 unite for ovmership temrte. - - - , ~rier~l ~l~n. li gratin General ---- '' Y~e~ ~I~u~Yng Eler~.~nt -- o City goals and objectives of Housing Element: • Provide adequate supply of housing to meet the need of a variety of housing types and the diverse socio-economic needs of all community residents • Encourage the availability of affordable housing for special needs households including elderly, large families, female- headedhouseholds, households with a disabled person, etc. • Promote dispersion and integration of affordable housing throughout the communities • Ensure equal housing opportunities fox all residents regardless • of race, religion, ethnicity, age, sex, marital status, or household composition 12 06/16/2010 ~,~~~ ~ tote pity in een°~.1yi~t~ it f~®~dsi~~e ~usin~ ~~aYig~tian ~~e~.t~ t3oxx~ing Unit Constructed and Housing Units ~ntitlefi )tc:tanfeen January 1, 2006 through December 31, 2,()Il; Income Level Number o[ Units 1iHNS Percentage Constructed to IU:INA Very Low (0-50%MFI) 326 812 64% Low (81-80%MFI) 68 4I0 16% Moderate (BI-120%MFI) 70 466 16% Upper (> I20%MF!) 1120 991 l l3% 7bta1 1881 2381 MF7; Median Family Income Source: City ofl5~ahn Redevelopment Agency, City of Tushn Building Division, City of 7V~atin Planning Division, Southern California Gas Company Utility Releases ~t i~ tote City does net c®m~1y ~nrith. ,~,ffe~da~le Housing ~.equi~ements'? o City has fiduciary duty and legal obligation to comply with the law ~~ City is vulnerable to challenges under Housing Accountability Act (i.e. anti NIMBY law) o Legal challenges, court sanctions, and legal fees ~ Ineligible for State's grants, programs, and funding ~ Ineligible for transportation funding ~ Potentially cannot issue building permits Consequences may impact all residents and businesses 13 061692010 ~~_: What the MCAS'I1~stin Specific Plan envisioned at Villages of Columbus: • Variety of housing/product types • Equal housing opportunities • Livable and walk-able communities • Implementation of Housing Element • Meet federal and State mandates • Strengthen economic base of the area BALANC~Fn COIVIMYINIPY .o Columbus Grove ~..I Ca~riaua Way Units Sinel~s Family ?~etachad ~, Clara } F t/ ~ - ,~ p°•°~. } fir' ... - ~iy - -._ .,,. _. _.., l>pan Spaces 14 o~e~ se~o~ o ~~ ~~ I Io~r ~Tillagos of Columbus meoting tho affor~.ablo housing requirements © To accommodate the variety of housing types: • Developed new standards for carriage way units • Granted additional units/density (182 Density Bonus Units) • Transferred affordable units to another Planning .Area • Allowed density averaging within a Planning Area • Allowed affordable units in the Senior Product 15 06/16/2010 ~~~~°~s ~f Columbus f~~~.s.b~ ~us~ri u1~~~I`~.~s~ Cntuml;us Square 'Potal Units Affordable Units -- Gables 84 0 Astoria !02 0 Verandas 97 0 Mirabella 60 0 Coventry 240 153 Cambridge 156 50 •,- Camden 222 63 Meriwether 114 0 Total 1076 266 Colmnbus Gave 't'otal Units Affordable Units Ciara 6T 0 Westbourne 59 0 Cantara 68 0 Madison ~ 85 0 - Clarendon 102 42 a Ainaley 84 0 ~~ Total 465 42 ;~ Rs approved bq Ccunci) ~~m31ri1riC~ ~1t@s at Villages of Columbus Columbus Grove Columbus Square . 16 Columbus Square: Coventry - 240 senior units Mirabella - 60 townhomes Astoria - 64 SFD Columbus Grove: Ainsley Park 84 duplexes 06/16/2010 To develop a 240-unit senior apartment complex • Age-restricted for persons 55 years or older • For rental tenure • Parking standard of 1.7 spaces per unit • Including 153 affordable housing units • Recreation center and pool • Associated site and infrastructure improvements o Applicant: Lennar Homes of California • Managing member of Tustin Coventry, LLC o Future Property Owner: Tustin Coventry Seniors, LLC ©Operated by: Meta Housing Corporation ovontry ~'roject Loc~tio~. ~,~ Tract 16581 (Columbus Square) • Lot 265 • Planning Areas 4 and 5 • MCAS Specific Plan 17 ----- ._. 06/16/2010 ~.cro~.. ~u ~ %° Design Review and Conditional Use Permit for 240-unit senior condominium project approved by Planning Commission • Parking ratio of 1.7 per unit • 153 affordable units • Concentration of affordable units within the Senior Housing project 0 2(l~_-`a ~ls~~: Some permits issued, 1 building was completed • CUP and DR lapsed due to lack of activity ~ov°entry Project Proposal oDeveloper wishes to resume the project o Requested a change in ownership tenure from owner to rental o No change in physical development (site design, architecture, parking, landscaping, rec facilities, etc.) • Same as was considered and approved by the Planning Commission and staff in 2006 18 06/~ 6/010 4 . -- _ ___ -- _ -- - __- ~- _~~ - = .; _ ~ v, ~ ~ i ~ _ UI' ___ ~ '~, ~-~ r .f'i H 'j i ~~ c faj ~~ ~ --?tl~~~ ~ ~-4 e"~ _~N~.~L ~ ~~ r,c_-,_r r I y 4 ~~. }y i I.t~ ~ . ~ ~_.sv~xl~->_.-1 ~1 re_~{r y_ { Yl..~-..1~ ~k~d~r.._.j7 i"i._~' y ' ~F ~_ ~ t € v ~r,F c®~ Development of 240 units on a 9 acre ~'-~,! ,. ~r-~ri ~", ~._;, `., site ~ ~~ ~ . ~ ~- ~ ~, ~I l_ ~f ~ i.. ~ 10 buildings, 3 stories, 24 units each ~~~~ :- _ ---~-,= cry Clubhouse and pool recreation areas ,~ __-- "- ~---,--: Bu~~~.i~.g ~v`~ti~~t Rear Right ~ I x -: ~(~ 3~ ~ .. . yen ,~ , o Conceptual Elce~a[ions ~n°a __.~.,..,.. COLLIb7liUS SQUARE SERIOR VILLAGE `~~~ i i i 1 1 i 1 ~ I 1 i i I ILSTIA, C.V.1fIXLVlh ~~~Z w' rt•I'Y':"" I.errtnr i W'inimt I.v n Fionwx =°" ~ •`°' ~ ~ ~ ~ I ~ ~ 5~ 0611 ~/~010 Concepwal Slreel Scene ~~;n F V -'- COLUMBUS SQUARE SENIOR VILLAGG py ~~ r~ ~.~~, ~i H TC4IIN. C.fnF11.2NIP 943"'~~:i§W. s" Ltnnar~ t'iillie~i Lyon Hamds cL~~u....~eW,,.~ _ _ .~"fv®J~~i~ V®I~.~a.rls®~I. Number of Units ` - - 240 `~ -- ~ ~-~ 240 Number of Bwldings 10 10 Age Restriction ~. ~i SS years or older :' ~~n. SS years or older - , ~. Tenure Ownership Ren[nl I Affordable Unfts 153 units _ . _ 153 units _.___..-. .- __ F ......... .... I Term of Affordablllty _ . _ _ 45 years ~+'"'~ _.._3 ._.._ ..._.. 1 i Parking i 409 spaces 409 spaces f>crking mancgementplon required asa I i ~ (~DndltlOrl I o Requires Cityreview m]a approval i Limits tokalnonr5erofcors allowed to !. be kept on site I '~i ~ Enforcernentby property owner/operator nr NOA ~ `~'' , Parking Ratio 1 7 spaces/unit 1 7 spaces/unit Pool and Recreation Center Private Pool and Recreation C PrNa[e Pool and RecreatiomCenter ,.-._ ~; Site Design enter _ _~ ~_. As approved i ,_, No Change 3 stories building Height CSMCA'Membership t ' es 3 stor Annexed fdut uw ~ ~I~,:. /,~.pl(cnble te 0 . Voting Rights in lSMCA i RMCA Oues 240 individual votes l Assessment per Unit vo ... Fln nmoun .~{ .. .. n.^nt par Individually paid hY each owner Urut r ' r. ~ -_lopar _ _ _ _ __ CFD~fees ~ ~ w~ ~ As approved No Change 20 06/16/2010 ~~ ~ ~~~ Planning Commission held public hearings in December, January, March LPCC7y CUP 09-024, Amendment to CP 03-003, and Amendment to Tract Map 16581 for the subject project acs apartments or rental tenure, and LXX~tre~ r~.- DR 09-024, and CUP 09-024 as it relates to parking, authorizing the development of a 240-unit age-restricted senior residential ~- c x. ~c~ o ~_, u~ i i~ r i n complex ~ City Council held a public hearing in April, 2010 o City Council continued the public hearing to July 7, 2010 at 6:00 p.m. hit zf Coventry does not xooeed? c. Affordable housing obligations would need to be absorbed by the remaining communities, including the Coventry site. c~ Affordable units may be in the form of non-seniors product types Delay in completion or build out of the communities -m, Affordable units would need to be dispersed among the remaining four communities. c, City would be vulnerable to challenges under Housing Accountability Act c~ Housing Element would be vulnerable to challenges 21 06/16/2010 22 ATTACHMENT E Letter from Carol McDermott of Government Solutions addressed to the residents of Columbus Square dated June 28, 2010 and copy of invitations to outreach meetings GOVERNMENT SOLUTIONS ~~~= June 28, 2010 To the Residents of Columbus Square: On behalf of Tustin Coventry LLC, the owner of the Coventry Court, the senior housing project that is being considered for senior rental tenure by the City of Tustin at its hearing on July ~, 2010, we are pleased to present the attached updated commitment letter to the members of the Columbus Square Homeowners Association. Prior to the March 23 Planning Commission meeting, the owner offered its original commitment to address issues associated with assessments, voting and membership in the Columbus Square Community Association. We have been retained by the owner to facilitate communications between the owner and the Columbus Square community. Since the March 23~~~ Planning Commission meeting, we have met with an ad hoc group of community leaders, presented the Coventry Senior proposal to the Columbus Square Community Association on Apri128th, the Cambridge Lane Community Association on May 13th, Camden's Homeowners Association on May 18th and to reach out to each sub-association, have invited the residents of Meriwether to attend a discussion on Coventry on Monday, June 28th. Additionally, we hosted an event for the residents of Verandas, the homes most adjacent to Coventry. The outreach continued with an Open House at the Coventry building on June lg to acquaint the interested residents with the quality of the units and our commitment to retain that same quality of construction with the proposed senior rentals. Approximately 6o residents and family members attended and received answers to their questions. At each meeting we have restated these commitments and answered questions from the community. We recently updated the commitments to include the specific language from the Conditions of Approval that the City Staff has created to address parking concerns. It is the desire of Tustin Coventry to respond to the concerns of the community relative to this application and believe that the attached commitments address the majority of these concerns. These commitments will become an agreement between the owner of Coventry and the Columbus Square Community Association if the application is approved for rental tenure. If you have any questions, please do not hesitate to contact me at 949/717-7939 or carolCa?g_ovsol. com. Sincerely, Carol McDermott Enclosures cc: Members of the City Council Elizabeth Binsaclc, City of Tustin 230 Newport Center Drive, Swte 210 Newport Beach, CA 92600 949J17-7943 main 949-717-7942 fax www.govsol.com L~ Meta Housing Corporation June 18, 2010 To the Community of Columbus Square, The owners of the site known as Coventry Court within Columbus Square, Tustin Coventry, LLC, and the developer who will acquire and operate the project, Meta Housing Corporation, want to make sure we have reached out to all members of the community to share our commitments to the community if the project is approved to move forward as a rental community. The attachment represents the commitments that we have suggested to be incorporated into an Agreement between the Community Association and the Owner/Developer establishing critical issues such as payment of assessments, voting and parking. If you have questions or concerns about these commitments, please do not hesitate to contact Carol McDermott at (949) 717-7939 or carol(c~govsol.com. Sincerely, Meta Housing Corporation ~1 John Huskey, President Tustin Coventry, LLC. B Lennar Homes of California, Inc., Ma~aging member f,. Vice President Attachment cc: Members of the Tustin City Council Elisabeth Binsack, Community Development Director Jon Cernok, Merit Property Management 1640 S. Sepulveda Boulevard, Suite 425, los Angeles, California 90025 Tel: (310) 575-3543 Fax: (310) 575-3563 Email: www.rnetahousin~.corn Basic Terms of the proposed Mutual Benefit Agreement between Columbus Square Commuuity Associatiou and Tustin Coventry Seniors LLC, (Meta Housing Corporation, Owner/Developer of Coventry Senior Apartments) Originally dishibuted March 23, 2010 Updated June 17, 2010 1. The Coventry land, if approved by the City as an age-restricted apartment project with "affordable" units (Coventry), will not be annexed to the Columbus Square Community Association. 2. Tustin Coventry Seniors, LLC (Coventry Owner), will not be a member of the Columbus Square Community Association (Master Association), no assessments shall be levied by the Master Association against the Coventry property, and votes in the Master Association shall not be exercised by the Coventry Owner. 3. The Coventry Owner will enter into a recorded, perpetual Agreement with the Master Association, which Agreement shall run with the land pursuant to Section 845 and 1468 of the Civil Code, containing the following material provisions: a. The Coventry Owner will pay to the Master Association an amount equal to one assessment unit for each rental unit. Assessments for each rental unit will commence upon the first occupancy of the rental unit and will continue regardless of occupancy thereafter. b. The renters may use the Master Association facilities on the same basis as all members of the Master Association. c. All successors and assigns shall be bound by this Agreement. d. The Coventry Owner/Management will ensure that the Parking Management Plan, approved by the City of Tustin Community Development department will be enforced and that surrounding properties will not be negatively impacted by parking behavior of Coventry tenants or guests. e. The Coventry property will provide 409 parking spaces of which 200 spaces are enclosed garages, 40 spaces are carports, 130 open parking spaces, 10 ADA accessible parking spaces and 1 ADA van accessible space on-site while it also incorporates 28 parallel street parking spaces along Cambridge Street and Charleston Street immediately adjacent to the property. Of these 449 parking spaces, 36 shall be set aside as guest spaces, and six (6) spaces shall beset aside for employees. f. The Coventry Owner will not permit residents to own and maintain any more than 367 vehicles on-site at any given time. VERANDA HOMEOWNERS As a resident adjacent to or across the street from the proposed Coventry Senior apartments, you are invited by the property owner to a presentation at an informational event. Tuesday, June 15 at 6:00 p.m. Citrus Cafe 1481 Edinger Avenue Tustin, CA 92780 ~' RSVP to Carol Gregory by Friday, June 11, 2010 at Government Solutions, Inc. (949) 717-7943 or csre~orv(a~~ovsol.com COVENTRY COURT at COLUMBUS SQUARE The Residents of Meriwether are cordially invited to attend an Informational Meeting at COVENTRY COURT There will be a short presentation and opportunity for discussion regarding the proposed project Refreshments will be served Information Date: Monday, June 28, 2010 Time: 6:00 to 7:00 p.m. Location: 15214 Columbus Square Tustin 92782 Please RSVP to Vicki Fetterman at Government Solutions, Inc (949) 717-7946 or vcki@govsol.com COVENTRY COURT at COLUMBUS SQUARE The Community of Columbus Square is cordially invited to attend an OPEN HOUSE at COVENTRY COURT This will be an opportunity to view models and discuss the rental proposal. Elected officials have also been invited to attend. Information and tours of units will be provided. Refreshments will be served. Open House Information Date: Saturday, June 19, 2010 Time: 1:00 to 3:00 p.m. Location: 15214 Columbus Square Tustin 92782 Please RSVP to Carol Gregory at Government Solutions, Inc (949) 717-7946 or cgregory@govsol.com ATTACHMENT F Draft Mutual Benefit Agreement and Use and Access Easements JUN-25-2010 FR I 03 44 PM JDT&P IRVINE sec FR}{ N0. 9497520597 P, 02 RECORDING 12E(~U[+CSTED I3'Y: NORTI~ AMERICAN TTTLL COMPANY 'WHEN RbaCOIt)t)Lll MAID TO: COLUMBUS SQUARI/ COMMUNITY ASSOC):A`I`lON Attn: Jon Cernak Merit Property Management, Ina. l Polaris Way, Suite 100 Aliso Viejo, CA 92G56 DRAFT (Space ~lbo~~e Fur Recorder's CJse) MUTUAL I3ENErIT AGRrCM1E;NT AND USE AND ACCESS EA511MIJNTS 'CIIIS MUTUAL 131JNLr'IT AGIt>/LML"NT is entered into as of , ?010, pursuant to California Civil Code Sections $~5 and 14~$ between COLUMBUS SQUARE COMMUNITY ASSOCIATION, a. California nonpro~Ci mutual benefit corporation, and TU51'1N COVrNTR'Y 57/N10RS, I,T.C, a Capitalized terms nit defined in the fo]lowing Recitals are defined in the Section entitled "I)efrniti~~zs." R~CI'rALS A. Apartment Owner is the owner of real property in tl~e City of Tustin, County of Orange, State of California, described as follows Lot 26S of Tract No. 16551, as shown on the Subdivision Map recorded in Boole $77, at Fages 33 to 5Q, inclusive, of Miscellaneous Maps, in the Offce of the Qrangc County Recorder. B. Community Assaaiation is the owner of real property in the City of Tustin, Cotuity of Orange, State of California, described as follows: Lots 263, 264, 293, 33], 365, a.nd Lets A to M, inclusive, P tc U, inclusive, X, Y, and Lots CA to CT, inclusive, DA to D.1, inclusive, IrA to )/B, inclusive, F'A to PD, inclusive, and Lots AAA to AAJ, inclusive, BAA to BAr, inclusive, 13I3A to L~BL, inclusive, CCA to GCO, inclusive, DAA, DCA, and DDA to DDG, inclusive, as shown on the Subdivision Map recorded in Book $77, at Pages 33 to 50, inclusive, of Miscellaneous Maps, in the Office of the Orange County Rec:arder, 944.3 32531A ~ RMT 14 5 U4 12.2 6/,y,5/ I U JUN-25-2010 FRI 03;45 PM JDT&P IRVINE sec FA}{ N0. 9497520597 C. Pursuant to Section 4,3.10(d) of the Master Declaration of Covenants, Conditions, Restrictions and l~eservatian of T:asements for Columbus Square recorded on March 7, ?006, as Instrument No. 20060001x9773, in Official Records of Orange County, California (the "Muster Aeclaration'~, Apa>fiitent Owner and Community Association wish to enter into this Agreement to: {i) create nonexclusive easements for access, ingress, and egress over the Association Property; (ii) fairly allocate among the Parties certain costs associated with operating, managing a,nd maintaining the Association Property; and. (iii) fi~]Iill other purposes as described in this Agreement. 1~, '.1'he Parties intend that this Agreement create access easements and maintenance covenants running with the land pursuant to Sections 8x5 and 1468 afthe California Civil Code, AGT2)E;)"uM>CNT 1'l}e Parties can .firm the accuracy of the foregoing recitals a>~d agree a.s follows: 1. DIGIrINI('l('IONS. 'l71e following terms when used in this Agreement shall 13ave the fallowing meanings; 1.1. Agreement. Agreement means this Mutual Benefit A~*reement including the 12ecitaJs and all exhibits, as currently in effect. 1.2, Apartment Aret~. Apartment Arca rneans the land describccl in Paragraph A of the Preamble. 1.3. Apfertme» t Owner. Aparnnent Owner means 1'USTIN COVI/NTI~Y S]/N):ORS, Li.C, a ,its successors and assigns. 1.4. Apartment U~tlit. Apartment l.Init means eac11 rental aparnnent within the Apartment Aria. 1.5, Assessrnettt Unit. Assessment Unit means the value allocated to each Aparl:nient Unit pursuant to Section 3.1 below, for purposes of calculating the snare of Shared >Jxpenses attributable to such Apartment Unit. 1.b. Associatiott I'rope:rty. Association Property means the Iand described in Paragraph )3 of the Preamble, 1.7. City. City means thti City of Tustin, California, and its various departments and divisions. 1.8. Community Associtltion. Community Association moans Columbus Square Community Association, which is the homeowners association formed under California Civil Code Section 1351 to operate and manage the residential element of t17e Coltilmbus Square community, its successors and assigns. 1.9. Governmental Antltoritics. GQVernmantal Authorities means the City and any other municipal, County, state or federal body with jurisdiction over the Properties, P, 03 _2W 2544~33253LAGRMT19SOq 12.7. 5125110 JUN-25-2010 FRI 03;45 PM JDT&P IRVINE sec FAX N0. 9497520597 P. 04 1.10. Of'tieinl Recarcls. Off'~cial Records means the Official Records of Oranbe County, California. 1,11. Party and Parties. Apartment Owner, C:otnmunity Association, and their respective successors and assigns are each a Party, iuld collectively are tlse Parties, 1.12. Properties. Properties means collectively the Association Property and the Apartment Area. 1.13. Shared )Cxpenscs, Shared >xpenses shall mean the costs and expenses incurred by tl~e Community Association in the operation, insurance, maintenance, repair and restoration of the improvements in the Association 1'raperty, as provided in the Community Association budget, which would be attributable to the Apartment Area as if the Apartment Area. were composed of Condominiums (as defined in the Master Declaration} and annexed as a Phase of Development (as defined in the Master Declaration) to the Columbus Square community. 2. GASTMENTS; YJSE 13CSTRICTI(O1V. 2.1. Grant of Easement. Apartment Owner, its successors and assigns, and its tenants shall have nonexclusive easements for access, ingress, egress and parking {as applicable) aver the Association Property, subject to the following: its powers. 2. f . ] . "1 he Community Association's reasonable and fair exercise of 2.1.2. The, Community Association's right to enforce provisions of the Master Declaration and Community Association Govenling Documents (as such term is defined in the Master 17eclaratian) by suspending the right, following reasonable notice, of any tenant of Apartment Ov~mer to use the Association Property, provided, however, that the Community Association shall not amend the Master Declaration or any Community Association Govenying Docwuent, or adopt or revise any n~le or regulation, r~vhich solely affects the rights of the Apartment Owner and its tenants to the use of, ar access, ingress and egress aver, the Association Property, or any .part of it, without the prior written consent of the Apartment Owner, which consent shall not be unreasonably witi~held. 2.1.3. Subject to the limits estalalished in the Master Declaration, the Community Association's right to transfer all or a part of the Association Property for such purposes and subject to such conditions as may be approved by the Community Association's members. 2.1.4. The right of Declarant, the Neighborhood Luilders (each as defined in the Master Declara#ian) and their sales agents, representatives and prospective purchasers to the nonexclusive use of the Association Property, wi#hout cost, for access, ingress, egress, use a.nd enjoyment, in order to market and dispose of the Covered Property (as defned in the Master Declaration), until neither Declarant nor any Neighborhood Builder owns any portion of the Covered Property; provided, however, that such use shall not unreasonably interfere with the rights of enjoyment of the Apartment Owner and its tenants. -3- ZSh4.3325 31AGRtvfT19 S 0412.2 6!2 5! I 0 JUN-25-2010 FRI 03;46 PM JDT&P IRUINE sec FAX N0. 9497520597 P, 05 2,1.5. '!he rights and reservations of peclarant and the Neigltborhaod Builders established in Article XVII of ehe Master 17eclaration. 2,1.6. The Community Association's right to reconstruct, replace or refinish any improvement or portion thereof on the Association Property. 2,1.7. The Community tlssociatian's right to maintain the Association Property. 2.1,8. The Co~~lminlity Associatia~'s rigl.it to reasonably restrict access to portions of the Association Property designated. by the Community Association's Board on the same basis as access may be restricted to members of the Community Association. 2.1.9. The Corntnunity Association's right to establish and enforce rules and regulations concerning vehicle parking within the Association Property on the same basis as parking is permitted to and enforced against members of tl7e Community Association. 2,1.10. The Community Association's right to rnalce portions of the Association Property available for use by persons who are not tenants of the Apartment Owner or Owners (as defined in the Master ~Deelaration) on such terms a.nd at such times as may be negotiated by tl~e Community Association. Declaration. ?.1.11. I'he easements reserved in Article Vll of the Master 2.2. C:eneral Use ittestrictions. Na part of the Association Property sha11 Ue used for any }aurpose that is inconsistent with the Ma.stcr lleclalatian, applicable law, ordinance Or rCglllation. 2.3. No Annexation. No portion of the Apartment Area shall be annexed to the Master Declaration and the jurisdiction of the Community Association. Subject to the terms of this Abreenlent, Apartment Owner shall not become a member of the Community Association, nor shall it have any right to vote an matters before the Community Association, and Community Association shall not levy an assessment or other charge against any portion of the Apartment Area. 2.4. 1'tiricing Ma~slagemene il'lfm. Apartment Owner shall enforce the terms of the Parking Management Plan attached hereto as Exlaihit A with respect to all tenants and invitees of the Apartment Area. 2.5. 1'arlciing Spaces. Apartment Owner shall not permit Apartment Area residents to ow71 and maintain any more t17an 367 vehicles within the Apartment Area at any given time. 1'ursitant to the requirements of the City, the Apartment Area will provide 409 parking spaces of which 200 spaces are enclosed barages, 40 spaces are carports, '130 spaces are open parking spaces, ]4 spaces are ADA accessible parlcing spaces and 1 space is an ADA van accessible space on-site whi]E it also incorporates 28 parallel street parJcing spaces alonb Cambridge Street and Charleston Street immediately adjacent to the Apartment Aroa. Of these -4~ 3544.332531AG RMT1950412,? 6l25/ 10 JUN-25-2010 FRI 03 47 PM JDT&P IRVINE sec FAX N0. 9497520597 P, 06 409 parking spaces, ~6 shall be set asidel~ employees of the Apartment Owner. 3. PAYMENT' OF as Guest spaces, and six (6) spaces shall be set aside for EXPENSES. 3. ] . Alloeatron or? Shn ~ bS. Aparhl~ent owner shall pay its Share of the Shared Expenses to Community Association as 1located'in this Agreement. Apartment Owner's Share of the Shared Expenses steal! he equal t one Assessment Unit for each Apartment Unit within the Aparkrl~ent Area (or 240 Assessment nits), 3,2. Commencement. Apvtnient Owner shall commence payment of the Assessment Unit for an Apartment Uni upon the initial occupancy thereof, and shall continue payment oi.'such Assessment Unit regard ess ofocGUpancy thereafter. 3.3. Community Assn the entl of each calendar year, the Cc Apartment Owner a budget showing upcoming calendar year. Commencing monthly basis thereafter, the Apartmen Community Association in installments Shared Expenses for the: year, as set for (1 `'~) of the month. itstian Budgets. No later than ninety (90) days before stnunity Association shall prepare and deliver to the re Sha.rccl Expenses for the Apartment Area in the n January l of the following year and continuing on a Qwner shall pay its Share of Shared Expenses to the Fane twelfth (1/12') of its total Share of the Estimated ~ in the budget. Eaeh payment will be due on the first 3.4. Adjustments Aur ng the Ye:~r. 'The Community Association may adjust the Shared Expenses in the same manse as it adjusts Common Assessments (as defined in the Master Declaration) for its members pu ant to the Master Declaration. ~4. NO DE)aTCA"1'TON. Na ing contained in this Agreement shall be deemed to be a dedication of any portion of the 1'ropei es to public use. Nothing in this Agreement constitutes the consent of the Parties to the unrestr' 'tcd use or possession of the whole or any part of the Properties. 5. CUMULATIVE i:~CML+ I>!~S. No remedy conferred upon a party in this Agreement is intended to be exclusive pf any other remedy herein ar by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or horea'I~er existing! tit law, in cquiry or by statute (except as otherwise expressly herein provided}. 6. ENf'ORCI:M)CNT A1Vll ~MGp1FS. 6.1. N4n~ayment of S sired Expenses. 6.1..1, Pei to pay its Share of Shared Expenses. 6.1.2. Nnnpny (~`Inctall-trent'D shall be delinquent if established by this Agreement. if any Tn pbli~allon. Apartment Owner coventmts and agrees nt of Slear~. Any installment of a Share paid within fifteen (1S) days after the due date Intent is not paid within thirty (30) days after the due -5~ 251+I-3~? S;i~{~ ItM'1'19S 0412.2 Gl25/ I ~ JUN-25-2010 FRI 03;47 PM JDT&P IRVINE sec FAX N0. 9497520597 P, 07 date, such Installment pins all reasonabl, charges sha11 bear interest at the rate: of days from the due date until paid. 6.2. ]temedees Cumul cumulative. Therefore, notwithstanding Party shall have recourse to ail other r~ failure of a Party to insist upon strict pe be deemed a waiver of. a.ny rights or rem a waiver of any subsequent breach. or dE Party. costs of collection (including attorneys' fees) and late ail percent (10%} per annum, commencing thirty (34) t~ve. All remedies provided in this Agreement are ie exercise by a Party of any remedy hereunder, such t~dies as may Ue available at law or in equity. The grmance of any provision of this Agre,;mcnt shall not lies that such Party may have and shall oat be deemed ult of any provision hereof by the same or any other 6.3. City ltiglat to Fanf lice. T1te City has the right and standing, btin not the obligation, to enforce any of the term ¢f this Agreement by any appropriate legal and/or equitable means and shall be entitled to eimbursement for any costs incurred in enforcing this Agreement, j 7. CQOPI+rRATION. The tl~e performance of their respective oblil 8. MORTGAGEC RIG 8.1. Mortgagee Protci breach of this Agreement, nor the enfoi invalid the rights of a mortgagee or b, mortgage or deed of trust on the Properti provided that afier such Mortgagee obtain powers set forth in such mortgage, or property shall r.e.main subject to this Agre 8.2. Mortgagee Nati entitled to: (i) reasonably prompt w~ examine the books and regards of the be paid by the Parties, during ttannal 1 any proposed, material amendment of damage to or taking of the Association 9. M1l~CCLLANEOUS. 9.1. Notices. );xcept Party or Mortgagee must Ue in writing applicable, personally or by any systen messages, telegraph, facsimile, electron notice: to one or more ca-owners of a member of a limited liability company, , the Limited liability company, Delivery process on a corporation constitutes del delivered by regular United States mail, es shall cooperate with one another in goad ta.ith in is under this Agreement. n. Notwithstanding all other provisions hereof, no Went of any provision hereof shall defeat or render liClary (eagh, a "rl~nrtgagee'D Linder any recorded ~r any part thereof made in gaud faith and far value; isle thereto by judicial foreclosure or by means of the d of trust, or by deed in lieu of foreclosure, sucl7 ion. Upon written request, the Mortgagee sha11 Ue notice of any default under this Agreement, (ii} nunity Association relating to expenses which are to ess hours,.(iii) ten (10) days prior written notice ~f Agreement, and (iv) written notice of any material therwise provided herein, notice to be given to a I may be delivered to the Party or Mortgagee, as technology designed to record a.nd communicate loll, or other electronic means, >aelivery of such el to any general partner of a partnership or to a titutes delivery to all co-owners, the partnership or uch notice to any officer or agent for the service of ~ to the corporation. Alteniatively, notice may Ue age prepaid, addressed to the Party or Mortgagee at ~6- 2544.3315:s1AC; EtMT1450412.2 G/25110 JUN-25-2010 FRI 03;48 PM JDT&P IRVINE sec FAX N0, 9497520597 P, 08 the most recent address fitrnislted by sue not furnish an address, notice may be se deemed delivered Three (3) business days 9.2. Interpretation. construed to create, a joint venture, a the Parties. 1'he captions of the varil identification only and shall not be Agreement shall be construed in aeco the essence in this Agreement. 9.3. L+'ntire Agrecm representations or declarations of the I 9.4. T3inding Effect; contained in this Agreement shall coast upon, and shall inure to the benefit of, tl and shall be binding upon, and shall Community Association and any perst successive owners and assigns; provide residential component of the Columbus interests pursuant to a public report issui na personal liability under this Agreeme a violation of t11is Agreement. 9.5. )(tecordatiort. Th shall be effective upon its recordation. 9.6. MaGltanics' Dian Party") shall permit any mechanics' lie "Affected Party"), the ResponsibIc Par record ,promptly, or take such action as t lien and the placing of same against sucl Party shall, a.t its sole cost and expense, the Properties to be released or bonded date of filing oi' such mechanics' liens .Party shall fin•nisl~ such security or indl may be required to permit. a title end Affected Part's parcel without showing 9.7. )(aurai:ian. This close of escrow for a Condominium (. Area under the authority of a final Department of Real lJstace. Otherwise, undertaking contained herein will rema date of recordation hereof a~td will attta~ thereafter. Notwithstanding the foregoi 'arty or Mortgagee to the ocher Pa.rt~. If a. Party does a the street address of a Party's pttt•cel. Such notice is ier the time of such mailing, s Agreement is not intended to create, nor shall it be ~rship, or any other similar relationship among any of rovisions of this Agreement arc; for convc:niencc and ned to limit or define the contents thereof. This e wit1~ the laws of the state of California. Time is of This Agreement supersedes all prior written or verbal with respect to the subject matter hereof. nvenanfis Running With Laud. The covenarnts ke covenants tlmning with the land; shall be binding Properties and any portion thereof or interest therein; re to the benefit of the Apartment Owner and the having or acquiring any interest therein and their however, that the owners of separate interests in the luare cotmmumty wllo have purchased their separate ~y the California 1epartment of Real lJsYate will have and no liens shall attach to their separate interests for shall b$ recorded in Official Records and If a Party to this Agreement (the "Res~xonsible to be filed against another Party's real property (an shall c;itltcr pay the same and have it discharged of ~ be required to reasonably a.nd legally object to such .ffected Party's parcel. In all events, the Responsible ise any mechanics' lien(s) which may be f led against affirmatively insured within sixty (60) days after the Upon request of an Afifected i.~arty, the Responsible city to and for the benefit of such. Affected Party as ement or title policy to be issued relating to such ;reon the effect of such lien. reemcnt shall automatically terminate upon the first lefined in the Master Declaration) in the Apartment tbdivision Public Report issued by the California Agreement and each term, covenant, restriction and effect for a term of ninety-nine (99) years from the ically be renewed for successive ten (10) year periods this Agreement may be terminated at any time, with W ~.. 5 443 J 2 5 31A C ItM T195 0412.2 GI'.S/1 ~ JUN-25-2010 FRI 03 49 PM JDT&P IRVINE sec FAX N0. 9497520597 P, 09 the written approval of the City, by re Community Association or its successors Agreement shall not dischar6e or excuse collection of such obligation shall surviv ling a declaration of termination executed by the applicable) and all Mortgages. Termination of this unpaid ablig.~tion, and the rights and remedies for Agreement's termination. 9.8. Severabi;lity. If ar y clause, sentence, or other portion of this Agreement shall become illegal, null, or void for reason, ar shall be held by any court of competent jurisdiction to be so, the remaining portio thereof shall rerrrain in fuli farce and effect. ~.~. Attorneys' Fees; ~yrt Costs. 1f any action or proceeding is instituted to enforce or interpret any of the provision f this Agreement ar for damages on account of the breach of this Agreement, the prevailing ' cty in any such action ar proceeding shall be entitled to recover from the other Party its reason Je attorneys' fees zmd costs and expenses of litigation incurred in stitch action or proceeding. 9.10. Force Mnjeurc. hindered in or prevented from the perfi person tinder this Agreement by tease materials, failure of power, prohibitive adverse weather conditions preventing t: architect, engineer, or other individual o other reason beyond. such Party's centre performance of such act shall be extend delayed Party shall notify the non-del following the occurrence of such Force inability to perform shall not be deemed 1 9.1'1. Eftect of Agrccr expressly provided herein, na rights or F by this Agreement shall inure to the bone their successors and assigns, nor shall beneticiary of any of the provisions cont~ and easements of this Agreement (i} shalt be binding on the Parties hereto and ea mo-tgagees; and (ii} are imposed pursuai Properties a.nd are designed for the mutua any Pasty or a.ny other person shall be delayed or ranee of any act required to 1}e performed by such ~f acts of Cod, strikes, loclcot~ts, unavailability of vernmental taws or regulations, riots, insurrections, performance of work as certified to by the licensed seeing the performaaloe of the relevant work, war or each, a "Force Majeure Event"), then the time for far a period equa] to the period of such delay. The .d Party in w~°iting within fve (5) business days ajELrre Lvent. L,aclc of adequate fiends or financial ~e a cause beyond the control of such Parry_ nt; Equitable ServitYicles. );xcept as otherwise ~ileges coni'erred upon the Parties to this Agreement of any other person or entity other than the Parties or ~ such other parson be deemed to be a third party ;d herein. ]/a.ch and all of the restrictions, covenants, institute equitable servitudes which shall apply to and and all of their respective successors, assigns, and o a general plan for the improvement and use of the errefit aftlle Pasties to this Agreement. ~SfGNATURE~S' ~RNFOLLpW1'NCi PACrL'SJ -$° '?SQ4.33Z51~AQ I~M71y SU412.7. G/?5/1Q JllN-25-2010 FRI 03 49 PM JDT&P IRVINE sec FAX N0. 9497520597 P, 10 ~SIGNATURF..PAC1s >aated: , 2010 Address: a BENEFIT AGREEIVIENTJ CQVT'NTRY SI/NI.ORS, L,LC, Name: Name: Tjitl '~Aprrrtn:ent Owner" STA'iE Ole CAI..1rO12NTt1 COUNTY or• _.~_~.___ On be ~'o;r'e me, (here insert name and title of the officer) personally appeared who proved to me on tht; basis of sa i factory evidence to lae the person whose name is subscribed to the within instrument and a •lcnowledged to me that he/she executed the same in his/her authorized capacity, and filar by h s/her signature on the instrument the person, ar the eniity upon behalf of which the parson a e ,executed the instr>.nment. 1 certify under 1')/NALTY OP P);RJUI under the laws of the State of Califalztia that the foregoing paragraph is true and correct. WTTN>~SS my hai}d and official seal. S inn afore: (SEAL) -4~ Z 5 g4~13Z 53V~GRMT195041 Z,Z 612511 U JllN-25-2010 FRI 03.50 PM JDT&P IRVINE sec FAX N0. 949750597 P, 11 jSICNATURl' PALL' 7~ Dated: , 2010 C )IaUMI3US SQUAI7L COMNl~]NITY A ~ OCIA'T'ION, Address: a ry lifornia nonprofit muttaal henert corporation APPRDV>/D AS To FOR1V1: Pr n Name' Community Association Atton~ey T' 1 :. STATE or CAr_IrQRNIA couNTY a1~ On .._.. s , be personally appeared who proved to me on the bads of satisfa subscribed to the within inst+~tment and in his/her/their authorised capacity{ies}, the person(s), or the entity upon Ueltalf of 1 certify under PENALTY OF PEILTUI foregoing fsaragraph is tnie and correct. WITNESS my hand and official seal. Signature; Name: me, r r~t~rv~rrTACn~~NrENT~ "Cot+a-nunity Assocdativn" (here insert name and Bile of the offiCCY) y evidence to be the person{s} whose name(s) is/are tawledged to me that he/she/they executed the same that by his/her/their signature(s) on the instrument ic11 the person{s) acted, executed the instrument. under the laws of the State of Califo~l~ia that the {SEAL) ~l o~ 25AA-332531AGAMT1950A 12,2 6!251 U JUN-25-2010 FRI 03 50 PM JDT&P IRVINE sec FAX N0. 9497520597 LENACIk i7U13012DCNATCON 'f he undersigned, as Beneficiary of the be dated and reearded on , Official Records of Orange County, Ca1i1 and betwerrn , t and Trust and its beneficial interest thereur amend~cl or restated ("AKreer,ient"). 13~ that shou]d the undersigned acquire title (whether judicial or non-judicial}, deed-i. to the Deed of Tnist, the undersignec Agreement, which shall remain 'in full far Dated: (NOTAl2rAL A ;ficial interest in and under chat certain Deed of Tnist ~, as lnstrument No. ~ , in the nia {the "laced of Trust"}, which Deed of Trust is Uy Trustor, and , as Trustee, is Beneficiary, expressly sulaordinates said Deed of ;r to the forgoing Mutual Benefit Agreement, a.s xecuting this Subordination, the undersigned agrees a all ot• any po~-tis7n of the Properties lay foreclosure ieu of foreclosure or any other remedy in or relating Hill acquire title subject to the provisions of the and effect. rint Name: GMENT O1V N~X'1" l'~1 G'EJ P, 12 2544-332531AG RMT1950412.2 6/25/10 JUN-25-2010 FRI 03 51 PM JDT&P IRVINE sec FAX N0. 9497520597 P, 13 STA"i'E OP CA1Jii~ORNIA COUNTY OF __.. On bei~r~ me, (hers insrrt nan'ie and title of tfie olfiCOr) personally appeared ._. - -~-~ who proved to me o.n tine basis of sa.tisfac n y evidence to be the person(s) whose name(s) is/a.re subscribed to the witl}in instrument and a awledged Co me that t}e/shc/tlaey executed the same in his/her/their authorised capacity(ies), ~ thnt by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of lieh the person(s) acted, executed the instrument. I certify udder I'I/NA>JTY OF P1rRJl1 foregoing paragraph is true and correct. WI'T'NESS my hand and official seal. Signature; ti.7nder the laws of t11e State of California that the (SL:AI/) ~1z.. .1544-1$ z531AGRMTI9 S 0412.2 G125/10 ATTACHMENT G Letter from Columbus Square Community Association Ad Hoc Coventry Court Committee dated June 29, 2010 and Letter from Columbus Square Community Association COLUMBUS SQUARE COMMUNITY ASSOCIATION AD HOC COVENTRY COURT COMMITTEE Honorable Mayor attd City Council Members, The Ad Hoc Committee for Coventry Court requests that the special meeting slated for 3uly 7, 2010 be continued to allow time for our committee to meet with Lennar Homes and their representatives to discuss the proposed conditions of approval. for C.U.P 09- 024. A special HOA board meeting was held to form our committee and we obtained approval of our charter from the board after our first meeting in early June of this year. We have requested and have set our first meeting with Lennar for Thursday July lsr and believe it will take more than one meeting to fully discuss and understand the issues with Coventry Court. Please understand that the 5 Committee members have full time jobs and family commitments that make it difficult to work on this issue as if it is our full time job. We are dedicated to working on this matter with diligence but Ceel that to give this process its due we will need additional time. With the above in mind we respectfully request a continuance for 60 days or a date the Council feels would be fair to both parties. Respectful ~ / ~' / Tab Johnson /'~ Chairperson Caventry Caurt Committee Y~ Honorable Mayor and City Council Member'; The Board of Directors of the Columbus Square Community Association consists of three developer members and two resident members. In order to not influence resident issues, opinions and actions regarding the proposed conversion of Coventry Court from fee simple to for rent apartments the developer members abstain from voting. Anew board was constituted at the annual meeting of our association Apri128, 2010. This letter is signed by the two new resident board members Michael Vo and Gary Pomeroy. A special meeting of the board was held on May 25, 2010 to consider the formation of an Ad Hoc Committee for Coventry Court to meet with Lennar Homes and the City regarding the proposed conversion from fee to rental. The Committee was charged with preparing a charter and submitting it to the Board for approval. That approval was given in mid-June. The first meeting with Lennar is scheduled for Thursday July 1, 2010 Therefore, the Board of Directors requests that the special meeting slated for July 7, 2010 be continued to allow time for our committee to meet with Lennar Homes and their representatives to discuss the Association issues with Lennar's proposed revisions to City staffs proposed conditions of approval for C.U.P 09-024. With the above in mind we respectfully request a continu~ce for 60 days or a date the Council feels would be fair to both parties. / Respectfully: ~'~ (j.Q Michael Vo Gary F Board Member Board Managed by Merit Property Management, Inc. 1 Polaris Way, Suite 100, Aliso Viejo, CA 92656, 800-428-5588, 949-448-6000, f 949-448-6400 ATTACHMENT H 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: 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 at the April 20, 2010, the City Council continued the item to a special meeting on July 7, 2010 at 5:00 p.m.; I. That on May 18, 2010, at Mayor Amante's suggestion the special meeting regarding Coventry Court was rescheduled from 5:00 p.m. on July 7, 2010 to 6:00 p.m. on July 7, 2010; J. 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; K. 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; L. 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; M. That pursuant to Condition 1.2 of Resolution No. 4014, permits must be obtained and substantial construction underway within 24 months; Resolution No. 10-33 Page 3 N. 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; O. 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; P. 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; Q. 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; R. 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; S. 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); T. 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, Resolution No. 10-33 Page 4 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. 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. U. 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 Resolution No. 10-33 Page 5 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 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 Resolution No. 10-33 Page 6 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; V. 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. W. That this project is determined to be exempt from additional CEQA review pursuant to California Government Code Section 65457, which provides that once the EIR has been certified and the specific plan adopted, any residential development project that is undertaken to implement and is consistent with the specific plan is exempt from additional CEQA review. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin (FEIS/EIR), which evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, in conjunction with the adoption of a Specific Plan. On February 3, 2003, the Tustin City Council adopted Ordinance No. 1257, which adopted the MCAS Tustin Specific Plan. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR for the Disposal and Reuse of MCAS Tustin. The FEIS/EIR and its Addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. The development of Coventry Court at Columbus Square is a residential development project that is being undertaken to implement and is consistent with the MCAS Tustin Specific Plan, as amended. No substantial changes in the project or circumstances under which it is being undertaken have occurred and no new information which was not known at the time the EIR was certified (or amended) has become available. Therefore, the proposed project is exempt from additional environmental review under CEQA. Resolution No. 10-33 Page 7 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 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 Intentionally deleted since this condition is no longer applicable. WATER QUALITY (1) 5.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. (1) 5.2 An updated Water Quality Management Plan (WQMP) shall be submitted and approved prior to issuance of grading permit. The WQMP shall be prepared using the City's WQMP Guidelines. The applicant shall submit a deposit of $2,700.00 for the estimated cost for reviewing WQMP to the City. The actual costs will be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit will be refunded to the applicant. CONSTRUCTION PHASING AND MODEL UNIT PLAN (1) 6.1 The developer shall close and convert the model units (constructed units) to occupancy within 90 days from the last unit 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 Resolution No. 10-33 Exhibit A Page 9 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. ^ 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, Resolution No. 10-33 Exhibit A Page 10 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. • 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 Resolution No. 10-33 Exhibit A Page 11 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 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. Resolution No. 10-33 Exhibit A Page 12 (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." (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 afire 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." Resolution No. 10-33 Exhibit A Page 13 (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. 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. Resolution No. 10-33 Exhibit A Page 14 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 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. Resolution No. 10-33 Exhibit A Page 15 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 provisions of the California Environmental Quality Act could be significantly lengthened. ATTACHMENT City Council (draft) Resolution Nos. 10-33, 10-34, 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; 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 Resolution 10-33 Page 2 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 at the April 20, 2010, the City Council continued the item to a special meeting on July 7, 2010 at 5:00 p.m.; I. That on May 18, 2010, at Mayor Amante's suggestion the special meeting regarding Coventry Court was rescheduled from 5:00 p.m. on July 7, 2010 to 6:00 p.m. on July 7, 2010; J. 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; K. 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; L. 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; M. That pursuant to Condition 1.2 of Resolution No. 4014, permits must be obtained and substantial construction underway within 24 months; N. 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; O. That since development at Coventry Court was discontinued, Design Review 05-019 and Conditional Use Permit 05-037 for Coventry Court are considered null; P. 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 10-33 Page 3 Q. 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; R. 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; S. 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);. T. That pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin City Code, the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole, in that: 1. The proposed senior residential apartment development is a permitted use in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, subject to approval of a conditional use permit, 2. As conditioned, the proposed project is consistent with the development standards and design guidelines of the MCAS Tustin Specific Plan, 3. As conditioned, conformance with all other applicable development standards, including current California building codes, will be verified by staff during plan check review, 4. The proposed site and building improvements are substantially consistent with plans previously approved by the Planning Commission and Community Development Department, 5. The location, size, architectural features and general appearance of the proposed development are consistent with and will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Commission has considered at least the following items: Resolution 10-33 Page 4 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. U. That pursuant to Tustin City Code Section 9291, the proposed senior apartment housing development with a parking ratio of 1.7 spaces per unit will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: 1. Multi-family residential apartment housing is a permitted use in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, subject to approval of a conditional use permit; 2. The 240-unit senior apartment project is in conformance with the MCAS Specific Plan, including the limitation of rental units to a maximum 25 percent of the total number of units permitted in the Tustin portion of the Specific Plan; 3. The change from ownership to rental tenure will not result in a change in the design, operational characteristics, or intent of the project as previously considered and approved; 4. The aging and elderly are identified in the Housing Element of the City's General Plan as a growing special needs population in the City. The Housing Element identified Coventry Court as an implementation project to meet the City's housing projections and goals; 5. The project as proposed remains an age-restricted senior project and will benefit the target population as originally intended; Resolution 10-33 Page 5 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. V. 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; W. 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; X. 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 Resolution 10-33 Page 6 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. 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 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. 10-33 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. 10-33 DESIGN REVIEW 09-024 AND CONDITIONAL USE PERMIT 09-024 CONDITIONS OF APPROVAL C;FNFR~I (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 Exhibit A Resolution 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). 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) 1.7 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. (***) 1.8 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. (***) 1.9 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, 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. (***) 1.10 The senior apartment development shall be developed strictly as a senior complex with parking concession of 1.7 parking ratio per unit. Accordingly Exhibit A Resolution 10-33 Page 3 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 applicant shall be responsible for drafting and entering into a perpetual agreement with the Columbus Square Community Association (CSMCA). The Agreement shall be recorded and shall run with the land pursuant to Section 845 and 1468 of the Civil Code to: (1) create non- exclusive easements for access, ingress, egress, parking over the CSMCA property; (2) fairly allocated costs associated with operating, managing; and maintenance of the CSMCA property, and (3) fulfill the following minimum terms: a. The Coventry project, an age-restricted apartment project with "affordable" units, shall not be annexed to the CSMCA. The Coventry property owner will not be a member of the CSMCA. No assessments shall be levied by the Master Association against the Coventry property and votes in the Master Association shall not be exercised by the Coventry Owner. b. The Coventry Owner, however, will pay to the CSMCA an amount equal to one assessment unit for each rental unit. Assessments for each rental unit will commence upon the first occupancy of the rental unit and will continue regardless of occupancy thereafter. c. The Coventry renters may use the CSMCA facilities on the same basis as all members of the CSMCA. d. All successors and assigns of the Coventry property shall be bound by this Agreement. e. The Coventry Owner/Management will ensure that the Parking Management Plan, approved by the City of Tustin Community Development Department will be enforced and that surrounding properties will not be negatively impacted by parking behavior of Coventry tenants or guests. f. The Coventry property will provide 409 parking spaces of which 200 spaces are enclosed garages, 40 spaces are carports, 130 open parking spaces, 10 ADA accessible parking spaces and 1 ADA van accessible space on-site while it also incorporates 28 parallel street parking spaces along Cambridge Street and Charleston Street immediately adjacent to the property. Of these 409 parking spaces, Exhibit A Resolution 10-33 Page 4 36 shall be set aside as guest spaces, and six (6) spaces shall be set aside for employees. g. The Coventry Owner will not permit residents to own and maintain any more than 367 vehicles on-site at any given time. h. 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. (***) 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. (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. Exhibit A Resolution 10-33 Page 5 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 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. Exhibit A Resolution 10-33 Page 6 • 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. • 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 Exhibit A Resolution 10-33 Page 7 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. 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. Exhibit A Resolution 10-33 Page 8 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: 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. Exhibit A Resolution 10-33 Page 9 (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. 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 Intentionally deleted since this condition is no longer applicable. Exhibit A Resolution 10-33 Page 10 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. 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. Exhibit A Resolution 10-33 Page 11 (***) 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 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. Exhibit A Resolution 10-33 Page 12 ^ Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. ^ Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. ^ Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. ^ All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. ^ Landscape adjacent to the right-of-way shall be in compliance with the requirements of MCAS Tustin Specific Plan. Perimeter walls should be treated with vines to relieve large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. (4) 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. Exhibit A Resolution 10-33 Page 13 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 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. 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. Exhibit A Resolution 10-33 Page 14 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 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. Exhibit A Resolution 10-33 Page 15 (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 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) Exhibit A Resolution 10-33 Page 16 573-6100 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. (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 Exhibit A Resolution 10-33 Page 17 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. 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. Exhibit A Resolution 10-33 Page 18 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) 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 at the April 20, 2010, the City Council continued the item to a special meeting on July 7, 2010 at 5:00 p.m.; That on May 18, 2010, at Mayor Amante's suggestion the special meeting regarding Coventry Court was rescheduled from 5:00 p.m. on July 7, 2010 to 6:00 p.m. on July 7, 2010; J. 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; K. 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; L. That the proposed project necessitates text amendments to Resolution 3951 which approved Concept Plan 03-003; M. 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; Resolution No. 10-34 Page 3 2. Ensuring the continuity and design quality of architecture, landscape, and hardscape themes and treatments; 3. Providing urban design features as per Chapters 2 and 3 of the MCAS Tustin Specific Plan; 4. Ensuring conformity with the Non-Residential Land Use Trip Budget; and, 5. Ensuring compliance with all applicable provisions of the MCAS Tustin Specific Plan. II. The 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) 1.1 Concept Plan 03-003 is approved for development of 1,075 residential units in Planning Area 4 and Planning Area 5 as follows: Planning Area 4 (Parcel 23) 84 Single Family Detached (SFD) 181 Carriage Way SFD 72 Multiple Family Attached (Senior Housing) Total: 337 units Average density of 8.62 du/acre Planning Area 5 (Parcel 24) 18 Carriage Way units 552 Multiple Family Attached (MFR) 170 Multiple Family Attached (Senior Housing) Total: 740 units Average density 17.53 du/acre (***) 1.2 The amendment to the approved Concept Plan 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 Intentionally deleted since this condition is no longer applicable. 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 at the April 20, 2010, the City Council continued the item to a special meeting on July 7, 2010 at 5:00 p.m.; I. That on May 18, 2010, at Mayor Amante's suggestion the special meeting regarding Coventry Court was rescheduled from 5:00 p.m. on July 7, 2010 to 6:00 p.m. on July 7, 2010; J. 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; K. 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; L. 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; M. 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; N. That the proposed project necessitates text amendments to Resolution No. 05-40 which approved Tentative Tract Map 16581; O. 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 Resolution No. 10-35 Amendment to TTM 16581 Page 3 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; P. 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; Q. That this project is determined to be exempt from additional CEQA review pursuant to California Government Code Section 65457, which provides that once the EIR has been certified and the specific plan adopted, any residential development project that is undertaken to implement and is consistent with the specific plan is exempt from additional CEQA review; On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin (FEIS/EIR), which evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, in conjunction with the adoption of a Specific Plan. On February 3, 2003, the Tustin City Council adopted Ordinance No. 1257, which adopted the MCAS Tustin Specific Plan. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR for the Disposal and Reuse of MCAS Tustin. The FEIS/EIR and its Addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. The development of Coventry Court at Columbus Square is a residential 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 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. 10-35 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. 10-35 AMENDMENT TO TENTATIVE TRACT MAP 16581 CONDITIONS OF APPROVAL (;FNFR~41 (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 Intentionally deleted since this condition is no longer applicable. (~*~`) 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 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 Exhibit A Resolution No. 10-35 TTM 16581 Page 3 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.