Loading...
HomeMy WebLinkAboutREVISED RESOLUTIONS #10-33 AND #10-55REVISED RESOLUTIONS RESOLUTION NO. 10-33 RESOLUTION NO. 10-35 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 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. 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 building design similar and provided at the constructed screens shall be provided check submittal. roof screening shall be incorporated into the comparable to the roof screens that have been model building on site. Details of proposed raof n the construction drawings at the time of plan (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. G. 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 k~e 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 fir 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 toy 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 vary 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 off 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 anti 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)1ro occupancy within 90 days from the last unit rented. *** of (***) 9.2 Within forty-five (45) calendar days of the City's approval of the application Tustin Coventry LLC and/or Meta Housing shall post cash, or a bond equal to five hundred thousand dollars ($500,000) payable to the City to afford assurance to the City that the affordable units will be built. If the cash or bond is not delivered to the City within 45 calendar days, the approvals contained in Resolution No. 10-33 shall become null and void. The $500 000 security shall be returned or exonerated upon completion of all the affordable units. In the event construction of the affordable units has not commenced within the one-near period, the cash (or bond equivalent) shall be forfeited and shall be for the sole benefit of the City Notwithstanding the provisions contained herein, should the development not proceed the affordable housing obligation remains and shall be provided as required in the approved Affordable Housing Plan and Housing Agreement Neither these approvals nor these conditions shall limit the remedies available to the City in the event the Coventry Court development is not completed nor shall the enforceability of the approved phasing plan be limited or otherwise affected by this approval or these conditions of approval. 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, Exhibit A Resolution 10-33 Page 12 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, ar~d coverage. Details for all equipment must be provided. ^ Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. ^ The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. ^ Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. ^ TurF is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. ^ Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. ^ Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. ^ All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. ^ Landscape adjacent to the right-of-way shall be in compliance with the requirements of MCAS Tustin Specific Plan. Perimeter walls should be treated with vines to relieve large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. (4) 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 Exhibit A Resolution 10-33 Page 13 (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 determinE;s inadequate noise insulation. B. A notice, to be reviewed by the City of Tustin and the Tustin UnifiE;d 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, aind 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 riot 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 neitf•~er the site, nor the project nor any part thereof any street or sidewalk, Exhibit A Resolution 10-33 Page 14 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. 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 eviden~;,e of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicak~le Exhibit A Resolution 10-33 Page 15 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 tie operational in a manner meeting the approval of the Fire Chief. (5) 12.8 Prior to the issuance of any grading or building permits, the applicant sh<~II 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/hum~-s, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Please contact tlhe OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of tlhe "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 Exhibit A Resolution 10-33 Page 16 indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 573- 6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements," or Bulletin 06-99, "Fire Lane Requirements on Private & Public Streets Within Residential Developments." (5) 12.12 Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R'S or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes, and an enforcement method. (5) 12.13 Prior to the issuance of any grading permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." (5) 12.14 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 573- 6100 to obtain a copy of the standard combustible construction letter. (5) 12.15 Prior to the issuance of a building permit, the applicant shall subrnit 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. Exhibit A Resolution 10-33 Page 17 (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 t~o issuance of a Certificate of Occupancy. Prior to final inspection and issuance of certificates of use and occupancy, the developer shall provide an independent noise analysis verifying that interior noise levels comply with Title 25 and City noise requirements. (1) 13.3 The perimeter sound walls are included as part of the master wall plans for Columbus Square currently under review. PUBLIC SAFETY (4) 14.1 Required lighting shall be installed so as not to be in conflict with landscaping and possible reduced lighting output. Evidence of such shall be shown on lighting and landscape plans at the time of plan check submittal. ENVIRONMENTAL (1) 15.1 Additional measures related to development of this project as noted in thie 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 considerE;d 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 Exhibit A Resolution 10-33 Page 18 procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. FEES (1)(5) 16.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of pem7it issuance. b. Engineering plan check and permit fees to the Public WorN;s Department based on the most current schedule at the time of permit issuance. c. Orange County Fire Authority plan check and inspection fees to tl'ie 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 ArE;a "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) 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 Exhibit A Resolution 10-33 Page 19 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 periad 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. 10-35 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: I. The City Council finds and determines as follows: A. That a proper application for Design Review 09-024 and Conditional Use Permit 09-024, Amendment to 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 ar~d 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 MCp-S 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 ion 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 20th day of April, 2010. JERRY AMANTE MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 10-35 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of April, 2010, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A RESOLUTION NO. 10-35 AMENDMENT TO TENTATIVE TRACT MAP 16581 CONDITIONS OF APPROVAL GENERAL (1) 1.1 transfer and Resolution No. 06-17 Columbus Square community shall modified. All applicable conditions of City Council Resolution No approving TTM 16581, a density bonus, and affordable approving FTM 16581 remain applicable, a s. 05-40 housing for the s herein (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. Within forty-five (45) calendar days of the City's approval of the application Tustin Coventry LLC and/or Meta Housing shall post cash or a bond equal to five hundred thousand dollars ($500,000) payable to the City to afford assurance to the City that the affordable units will be built. If the cash or bond is not delivered to the City within 45 calendar days the approvals contained in Resolution No 10-33 shall become null and void. The $500,000 security shall be returned or exonerated upon completion of all the affordable units. In the event construction of the affordable units has not commenced within the one-near period, the cash (or bond equivalent) shall be forfeited and shall be for the sole benefit of the City Notwithstanding the provisions contained herein, should the development not proceed the affordable housing obligation remains and shall be provided as required in the approved Affordable Housing Plan and Housing Agreement. Neither these approvals nor these conditions shall limit the remedies available to the City in the event the Coventry Court development is not completed nor shall the enforceability of the approved phasing plan be limited or otherwise affected by this approval or these conditions of approval. Exhibit A Resolution No. 10-35 TTM 16581 Page 3 AFFORDABLE HOUSING (***) 2.1 The developer shall comply with the obligations contained in Resolution No. 05-40 regarding affordable housing units. The senior housing project shall contain a minimum of 153 affordable units including 36 Very Low, 61 Low, and 56 Moderate Income units and at locations depicted on the previously approved Affordable Housing Plan. (***) 2.2 The First Amendment to the Housing Agreement shall include a Regulatory Agreement as an exhibit to reflect rental tenure which will be required to be executed by Tustin Coventry Seniors, LLC. (the proposed owner of the project). The First Amendment to the Housing Agreement shall be subject to approval of the Redevelopment Agency, City Attorney, and City's Special Real Estate Counsel as to form and content and shall be executed and recorded prior to issuance of any building permits. Should the First Amendment to the Housing Agreement and Affordable Housing Plan not be approved by the City Council, the subject approval shall become null and void. (***) 2.3 Prior to issuance of any building permits, an Assignment and Assumption Agreement of Tustin Coventry, LLC's duties of performance under the Housing Agreement, as amended, shall be executed between Tustin Villas Partners, LLC and Tustin Coventry Seniors, LLC on Lot 265 of Tract 16581 in a form and content approved by the Redevelopment Agency, Community 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 Exhibit A Resolution No. 10-35 TTM 16581 Page 4 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.